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HomeMy WebLinkAboutPR 22337: AMENDMENT TO THE EXISTING CONTRACT WITH BFI8 WASTE SYSTEMS P.R.NO.22337 1/12/2022 PDL PAGE 1 OF 4 RESOLUTION NO. A RESOLUTION AUTHORIZING AN AMENDMENT TO THE EXISTING CONTRACT WITH BFI WASTE SYSTEMS OF TEXAS, LP DBA REPUBLIC SERVICES OF BEAUMONT, TEXAS FOR RESIDENTIAL REFUSE COLLECTION SERVICES IN THE NOT TO EXCEED AMOUNT OF $50,000.00; FUNDING AVAILABLE IN ACCOUNT NO. 169-07-015- 5401-00-00-000, PROJECT NO. ARP010-GRE-RNT. WHEREAS, on January 10, 2022, the City Manager executed a contract with Republic Services of Beaumont, Texas for residential refuse collection services in the not to exceed amount of$25,000.00, in accordance with Chapter 2, Article VI, Section 2-285 of the Code of Ordinances and Article XIV, Municipal Contracts, of the City Charter; and, WHEREAS, pursuant to the City's procurement policy, any expenditure over $25,000.00 requires approval by the City Council; and, WHEREAS, on January 11, 2022, a presentation was provided to the Port Arthur City Council and citizens highlighting the major issues and concerns associated with delays in providing timely residential refuse services to the citizens of Port Arthur. Several solutions were presented, including the use of outside collection services. WHEREAS, BFI Waste Systems of Texas, LP dba Republic Services provided the City of Port Arthur with a proposal for short-term residential refuse collection services for an amount of$2,400.00 per/day, per/unit; and, WHEREAS, to extend emergency residential refuse collection services in Port Arthur, it is necessary to amend the existing contract between the Public Works Department and BFI Waste Systems of Texas, LP dba Republic Services from $25,000.00 to an amount not to exceed $50,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: P.R. NO.22337 1/12/2022 PDL PAGE 2 OF 4 Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council deems it in the best interest of the City to amend the emergency contract with BFI Waste Systems of Texas, LP dba Republic Services of Beaumont. Texas for residential refuse collection services in an amount not to exceed $50,000.00, in substantially the same form as attached hereto as Exhibit "A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of January, A.D., 2022, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Council members: Noes: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary P.R.NO.22337 1/12/2022 PDL PAGE 3 OF 4 APPROVED AS TO FORM: See memo Valecia Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager APPROVED AS TO THE AVAILABILITY OF FUNDS: Kandy Dani 1, Interim Finance Director 7 L ,. Clifton Williams, CPPB, Purchasing Manager P.R. NO.22337 1/12/2022 PDL PAGE 4 OF 4 EXHIBIT "A" P.R.NO.22337 1/12/2022 PDL PAGE 4 OF 4 EXHIBIT "A" MUNICIPAL MATERIALS MANAGEMENT AGREEMENT This Municipal Materials Management Agreement(the"Agreement")is made and entered into this 10th day of January 2022, by and between the City of Port Arthur, Texas ("City"), and BFI Waste Systems of Texas, LP DBA Republic Services of Beaumont qualified to do and actually doing business in the State of Texas ("Company"). RECITALS WHEREAS,City desires that Company provide Services as defined herein for Customers as set forth in this Agreement and Company desires to do so,all in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in this Agreement,the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services; Exclusivity. From time to time, due to certain operational and/or workforce issues, City may be unable to haul and dispose of waste within its territorial limits, so Company has agreed to do so when needed by City. In such circumstances Company shall be granted the exclusive right to furnish trucks, personnel, and labor for the hauling and disposal of conforming Waste Material (as defined in Exhibit A) for the following types of locations ("Customers") within the territorial jurisdiction of the City(the"Services").The Services shall not include the collection or disposal of any Excluded Waste or Waste Material located at any Customer location not designated below, or any Waste Material/Service Types not designated in Exhibit A. Customer Types _X_Residential Units Large Commercial Small Commercial Units Industrial- Permanent Municipal Facilities Industrial—Temporary Multi-Family 2. Exhibits. All Exhibits attached this Agreement are an integral part of the Agreement and are incorporated herein. Exhibit A General Specifications for Services Exhibit B Services Order Form 3. Term. This Agreement begins on the Effective Date and expires one (1) years thereafter ("Initial Term"). The Term shall automatically renew month to month after the Initial Term until either party provides thirty (30) days' written notice of non-renewal to the other party. Each executed Services Order form shall indicate the Term of such Order for Services, in an amount not to exceed$25,000. 4. Rates; Rate and Cost Adjustments. 4.1 Rates for Services. The rates for all Services shall be as shown on the Services Order Form, subject to the rate adjustments and additional fees and costs as set forth herein. Page I of 9 Version 2017.1 Muni 4.2 Annual Rate Adjustments. In the event ordered Services extend beyond one(1)year,Company shall increase the rates for all Services effective on each anniversary of the Effective Date of this Agreement in an amount equal to the percentage increase in the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash Collection Services) U.S. City Average, as published by United States Department of Labor, Bureau of Statistics(the"CPI"). Rates will be adjusted using the most recently available trailing twelve(12)months average CPI compared to the twelve(12)months preceding. 4.3 Cost Adjustments. Company may increase the rates for Services as a result of increases in costs incurred by Company due to (a) any third party processing or disposal facility being used; (b) changes in local, state, or federal rules, ordinances or regulations; (c) changes in taxes, fees or other governmental charges (other than income or real property taxes); (d) uncontrollable prolonged operational changes (i.e., a major bridge closure); (e) increased fuel costs; and (f) changes in costs due to a Force Majeure Event. Any of the foregoing cost adjustments shall be retroactive to the effective date of such increase or change in cost. Furthermore,the Parties may change the rate/cost structure and negotiate a per unit/per month rate if the Services extend past the Initial Term. 5. Invoicing;Payment;Service Suspension. 5.1 Invoicing. For urgent Services required in the Initial Term, Company shall invoice the City for all Services rendered on a weekly basis. Should Services extend beyond the Initial Term, invoicing may change to monthly if appropriate. 5.2 Payment. The City shall pay each of Company's invoices without offset within thirty(30)days of receipt Company's invoice. Payments may be made by check or ACH only; no purchasing cards or credit cards will be accepted. City shall pay Company's invoices in full irrespective of whether or not the City collects from the Customers for such Service. Payments not made on or before their due date may be subject to late fees of one and one-half percent (1.5%) per month (or the maximum allowed by law, if less). If the City or Customer, as applicable, withholds payment of a portion or entire invoice and it is later determined that a portion or all of such withheld amount is owed to Company, such amount shall be subject to the late fees provided herein from the original due date until paid. 5.3 Unpaid Invoices; Service Suspension. If any amount due from the City is not paid within sixty (60) days after the date of Company's invoice, Company may suspend Services until the City has paid its outstanding balance in full and/or terminate this Agreement. If Company suspends Service,the City shall pay a service interruption fee in an amount determined by Company in its discretion up to the maximum amount allowed by Applicable Law. If any amount due to Company from an individual Customer is not paid within sixty (60) days after the date of Company's invoice, Company may suspend that Customer's Services until the Customer has paid its outstanding balance in full. If Company suspends Service, the Customer shall pay a service interruption fee in an amount determined by Company in its discretion up to the maximum amount allowed by Applicable Law. 6. Termination. If either party breaches any material provision of this Agreement or a Services Order and such breach is not substantially cured within thirty(30)days after receipt of written notice from the non- breaching party specifying such breach in reasonable detail,the non-breaching party may terminate this Agreement and/or the applicable Services Order by giving thirty(30)days'written notice of termination to the breaching party. However, if the breach cannot be substantially cured within thirty(30) days,the Agreement may not be terminated if a cure is commenced within the cure period and for as long thereafter as a cure is diligently pursued. Upon termination, the City shall pay Company only such charges and fees for the Services performed on or before the termination effective date and Company Page 2 of 9 Version 2017.1 Muni • shall collect its equipment,and Company shall have no further obligation to perform any Services under this Agreement. 7. Compliance with Laws. Company warrants that the Services will be performed in a good, safe and workmanlike manner, and in compliance with all applicable federal, state, provincial and local laws, rules, regulations, and permit conditions relating to the Services, including without limitation any applicable requirements relating to protection of human health,safety, or the environment("Applicable Law"). In the event any provision of this Agreement conflicts with an existing ordinance of the City, this Agreement shall control and Company shall not be fined, punished, or otherwise sanctioned under such ordinance. Company reserves the right to decline to perform Services, which, in its judgment, it cannot perform in a lawful manner or without risk of harm to human health,safety or the environment. 8. Title. To the event Waste Material will be disposed of in a City landfill, Company shall never take title to the Waste Material. To the extent Waste Material will be disposed of in a Company landfill, title to Waste Material shall pass to Company when loaded into Company's collection vehicle or otherwise received by Company. Title to and liability for any Excluded Waste shall at no time pass to Company. 9. Excluded Waste. If Excluded Waste is discovered before it is collected by Company, Company may refuse to collect the entire Waste Container that contains the Excluded Waste. In such situations, Company shall contact the City and the City shall promptly undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded Waste. In the event Excluded Waste is present but not discovered until after it has been collected by Company,Company may, in its sole discretion, remove,transport,and dispose of such Excluded Waste at a facility authorized to accept such Excluded Waste in accordance with Applicable Law and charge the depositor or generator of such Excluded Waste for all direct and indirect costs incurred due to the removal,remediation,handling,transportation,delivery,and disposal of such Excluded Waste. The City shall provide all reasonable assistance to Company to conduct an investigation to determine the identity of the depositor or generator of the Excluded Waste and to collect the costs incurred by Company in connection with such Excluded Waste. Subject to the City's providing all such reasonable assistance to Company, Company shall release City from any liability for any such costs incurred by Company in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be attributed to the City. 10. Equipment; Access. All collection containers shall be provided by the City. The City shall be responsible for all maintenance and the replacement of any damaged or unfit containers, and shall be liable for all loss or damage to the containers, except for loss or damage resulting from Company's negligent handling of the equipment. The City waives and releases Company from any damage caused by the Company's handling of its containers. The City shall fully reimburse Company for any and all claims resulting from personal injuries or death, or the loss of or damage to property (including the equipment) arising out of the use, operation, or possession of the equipment by the City or the Customers. If the equipment and/or Waste Material is not accessible so that the regularly scheduled pick-up cannot be made, such Waste Material will not be collected until the next regularly scheduled pick-up. Company shall not be responsible for any damages to any property or equipment located adjacent to the collection receptacles, nor to any pavement, curbing, or other driving surfaces resulting from Company's providing the Services under this Agreement. 11. Risk Allocation. Except as otherwise specifically set forth herein, each party shall be responsible for any and all claims for personal injuries or death, or the loss of or damage to property, only to the extent caused by that parry's negligence or acts of willful misconduct or those of its employees, contractors, subcontractors,or agents. 12. Insurance. During the Term of this Agreement, Company shall maintain in force, at its expense, insurance coverage with minimum limits as follows: Page 3 of 9 Version 2017.1 Muni Workers'Compensation Coverage A Statutory Coverage B-Employers Liability $1,000,000 each Bodily Injury by Accident $1,000,000 policy limit Bodily Injury by Disease $1,000,000 each occurrence Bodily Injury by Disease Automobile Liability Bodily Injury/Property Damage $3,000,000 Combined—Single Limit Coverage is to apply to all owned, non-owned, hired and leased vehicles(including trailers). Pollution Liability Endorsement MCS-90 endorsement for pollution liability coverage Commercial General Liability Bodily Injury/Property Damage $2,500,000 each occurrence Combined—Single Limit $5,000,000 general aggregate All such insurance policies will be primary without the right of contribution from any other insurance coverage maintained by City. All policies required herein shall be written by insurance carriers with a rating of A.M. Bests of at least "A-" and a financial size category of at least VII. Upon City's request, Company shall furnish City with a certificate of insurance evidencing that such coverage is in effect. Such certificate will also provide for thirty (30) days prior written notice of cancellation to the City, show the City as an additional insured under the Automobile and General Liability policies,and contain waivers of subrogation in favor of the City (excluding Worker's Compensation policy) except with respect to the sole negligence or willful misconduct of City. 13. Force Majeure. Except for City's obligation to pay amounts due to Company, any failure or delay in performance under this Agreement due to contingencies beyond a party's reasonable control, including, but not limited to,strikes,riots,terrorist acts,compliance with Applicable Laws or governmental orders, fires, bad weather and acts of God, shall not constitute a breach of this Agreement, but shall entitle the affected party to be relieved of performance at the current pricing levels under this Agreement during the term of such event and for a reasonable time thereafter. The collection or disposal of any increased volume resulting from a flood, hurricane or similar or different Act of God over which Company has no control, shall not be included as part of Company's service under this Agreement. In the event of increased volume or different material types due to a Force Majeure event,Company and the City shall negotiate the additional payment to be made to Company. Further, the City shall grant Company variances in routes and schedules as deemed necessary by Company to accommodate collection of the increased volume of Waste Materials. 14. Non-Discrimination. Company shall not discriminate against any person because of race, sex, age, creed,color,religion or national origin in its performance of Services under this Agreement. 15. Licenses and Taxes. Company shall obtain all licenses and permits and promptly pay all taxes required by the City and by the State. 16. No Guarantees or Liquidated Damages. Unless specifically provided herein, Company provides no guarantees or warranties with respect to the Services. No liquidated damages or penalties may be assessed against Company by City. 17. Miscellaneous. (a) This Agreement represents the entire agreement between the Parties and supersedes all prior agreements,whether written or verbal,that may exist for the same Services. (b)Company shall have no confidentiality obligation with respect to any Waste Materials. (c) This Agreement shall be Page 4 of 9 Version 2017.1 Muni • binding upon and inure to the benefit of the Parties and their successors and assigns. (d) Company may provide any of the Services covered by this Agreement through any of its affiliates or subcontractors, provided that Company shall remain responsible for the performance of all such services and obligations in accordance with this Agreement. (e) No intellectual property rights in an) of Company's IP are granted to City under this Agreement. (f) All provisions of the Agreement shall be strictly complied with and conformed to by the Parties, and this Agreement shall not be modified or amended except by written agreement duly executed by the undersigned parties. (g) If any provision of this Agreement is declared invalid or unenforceable, it shall be modified so as to be valid and enforceable but so as most nearly to retain the intent of the Parties. If such modification is not possible. such provision shall be severed from this Agreement. In either case,the validity and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. (h) Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. (i) If any litigation is commenced under this Agreement. the successful party shall be entitled to recover, in addition to such other relief as the court may award. its reasonable attorneys' fees,expert witness fees, litigation related expenses, and court or other costs incurred in such litigation or proceeding. (j) This Agreement shall be interpreted and governed by the laws of the State where the Services are performed. (k) Customer and Company agree that electronic signatures are valid and effective,and that an electronically stored copy of this Agreement constitutes proof of the signature and contents of this Agreement,as though it were an original. IN WITNESS HEREOF,the parties have entered into this Agreement as of the date first written above. CITY OF PORT ARTI-IUR.TEXAS BFI WASTE SYSTEMS OF TEXAS, LP DBA REPUBLIC SERVICES OF BEAUMONT By: By: Name: Name: William Voigtman Title: City Manager Title: Division General Manacer Date: January 10, 2022 Date: Page 5of9 Version 2017.I Muni EXHIBIT A GENERAL SPECIFICATIONS FOR SERVICES 1. WASTE MATERIAL/SERVICE TYPES. The following Waste Material/Service Types shall be considered in scope during the Term of this Agreement: X Solid Waste Yard Waste Recyclable Material Bulky Waste Construction& Demolition Debris 2. DEFINITIONS 2.1 Bulky Waste — Stoves, refrigerators (with all CFC removed), water tanks, washing machines, furniture and other similar items, and, materials other than Construction Debris, Large Dead Animals, Hazardous Waste or Stable Matter with weights or volumes greater than those allowed for Bins or Containers,as the case may be. 2.2 Construction & Demolition Debris — Waste building materials resulting from construction, remodeling, repair or demolition operations at a Residential Unit, Municipal Facility or Large Commercial and Industrial Unit. 2.3 Excluded Waste—Excluded Waste means any material not expressly included within the scope of this Agreement including, but not limited to, any material that is hazardous, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or listed or characteristic hazardous waste as defined by Applicable Law or any otherwise regulated waste. 2.4 Hazardous Waste — A form of Excluded Waste and is defined as any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or listed or characteristic Hazardous Waste as defined by federal, state, provincial or local law or any otherwise regulated waste. Hazardous Waste shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, and including future amendments thereto, and any other applicable federal,state or local laws or regulations. 2.5 Large Commercial — A Customer that utilizes small containers (2 yards or larger) for Solid Waste collection. 2.6 Multi-Family—The term multi-family shall refer to all residential dwelling units of more than four(4)units considered to be condominiums,apartment houses or grouped housing. 2.7 Municipal Facilities—Means only those specific municipal locations designated by the City and set forth in an Exhibit to this Agreement. 2.8 Residential Unit—A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. 2.9 Small Commercial Units—A Customer that utilizes hand collection,like Residential Units. 2.10 Solid Waste — Useless, unwanted or discarded materials with insufficient liquid content to be free-flowing, that result from domestic, industrial, commercial, agricultural, governmental and community Version 20I7.1 Muni operations which require proper storage, collection, transportation and disposal to prevent environmental pollution harmful to public health, safety and welfare. Solid Waste does not include sewage, earth or material used to fill land in accordance with construction codes, mining residues, slag, dissolved or suspended solids in industrial waste water effluents which are not acceptable for disposal in sanitary sewage treatment system or any material included in the definition of Excluded Waste. 2.11 Waste Material—All nonhazardous Solid Waste that is not excluded by this Agreement. Waste Material shall not include any Excluded Waste. 2.12 Yard Waste — Grass, leaves, flowers, stalks, stems, tree trimmings, branches, and tree trunks. For yard waste collection services, grass, pine needles, leaves, flowers, stalks, stems, and small tree trimmings (less than two(2)feet in length and less than two(2) inches in diameter)shall be in a container, bag or box the weight of which shall not exceed thirty-five (35)pounds. Larger tree trimmings shall be laid neatly in piles at curbside. The maximum weight of any item placed out for yard waste collection shall be thirty-five (35) pounds. Branches in excess of two(2) feet in length may, but are not required to be, in a container,bag or box. Company shall be obligated to collect no more than _ containers (or their equivalent) per week from each Residential Unit. Any collections needed by a Residential Unit in excess of such amount must be individually contracted by the Residential Unit Producer with Company under terms, prices and documents acceptable to both the Residential Unit Producer and Company. 3. COLLECTION OPERATIONS—GENERAL PROVISIONS 3.1 Location of Containers for Residential Collection. Each container for Residential Collection shall be placed at curbside for collection. Curbside refers to that portion of right-of-way adjacent to paved or traveled City roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. Company may decline to collect any container not so placed or any Waste Material not in it specified container. 3.2 Hours of Operation. Collection of Waste Material shall not start before 5:00 A.M. or continue after 8:00 P.M.. Exceptions to collection hours shall be effected only upon the mutual agreement of the City and Company, or when Company reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. 3.3 Disposal.All Waste Material collected within the City under this Agreement shall be deposited at the City's landfill. Company shall not be required to pay any disposal fees at City's landfill. Company's rates do not include any disposal. If City decides to dispose of waste at a Company landfill, disposal rates shall be as set forth in Exhibit B. 3.4 Fuel. The City shall provide Company unlimited access to its fuel. 3.5 City Employees in Company Trucks. A City employee may ride as a passenger in each Company truck to provide assistance with routes,operational logistics,and the handling of Waste Material. City acknowledges and agrees that its employees are solely employed by the City, and that Company shall have no obligation to pay City employees or provide any employment benefits to any City employees.City shall defend, indemnity and hold harmless the Company from any and all claims alleging that Company is the employer or joint employer of any City employee, and from any damages, injuries, deaths or any other claims(collectively, "Losses") arising from a City employee's presence in a Company truck or participation or assistance in Company's provision of the Services, including any Losses that are alleged to have been caused by the sole negligence or willful misconduct of Company if such claims, if made against City, would have been covered by workers'compensation(or equivalent)coverage. Version 2017.1 Muni EXHIBIT B SERVICES ORDER FORM TERM: The Term of this Services Order shall commence on and end on RESIDENTIAL SERVICES: _I_ASL truck and_I_Company driver per truck $2,400.00 per truck and driver per day Rates are flat per week and based on up to 12 hours of service for each ASL truck and driver per day, or up to 60 hours per week.No more than 60 hours per week per driver/truck will be allowed. COMMERCIAL SERVICES: _N/A front load truck and N/A_Company driver per truck $_N/A per week Rates are flat per week and based on up to 12 hours of service for each front load truck and driver per day, or up to 60 hours per week.No more than 60 hours per week per driver/truck will be allowed. MOBILIZATION/DE-MOBILIZATION COSTS: _N/A_ASL or front load truck and N/A_Company driver per truck $_5,000 each Rates are flat per truck and driver and are based upon Company's costs in transporting each truck to the City(from various origins), housing and per diem for the driver, and costs in returning the truck and driver to their origin. DISPOSAL RATE: Golden Triangle Landfill disposal rate $ 33.00 per ton* This is the cost per ton the City shall pay Company if this landfill is selected as a disposal site. Port Arthur Sanitary Landfill disposal rate $_0.00 per ton* *City shall not charge Company any disposal rates or fees if this landfill is selected as a disposal site. ADDITIONAL SERVICES AVAILABLE UPON REOUEST: Should the City require Company to continue service beyond the Initial Term, the Parties may agree on updated pricing to reflect a price per home for month-to-month residential services, and/or a price per yard for month-to-month commercial services. Version 2017.1 Mum CITY OF PORT ARTHUR. TEXAS BFI WASTE SYSTEMS OF TEXAS, LP DBA REPUBLIC SERVICES OF BEAUMONT By: By: Name: Ron Name: William Voigtman Title: City Manager Title: Division General Manager Date: January 10, 2022 Date: Version 20 17.1 Mum