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R2021-201 2021-09-13 • RESOLUTION NO. R2021-201 A Resolution of the City Council of the City of Pearland, Texas, amending a contract for solid waste collection services with Frontier K2, LLC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That a contract for solid waste collection services was previously awarded to Frontier K2, LLC. Section 2. The City Manager or his designee is hereby authorized to execute an amended contract for solid waste collection services. • PASSED, APPROVED and ADOPTED this the 13th day of September, A.D., 2021. Z- 'EVIN COLE MAYOR • AT S : TAL ROAN, TRMC, CMC CITY SECRETARY , `,,����,���,,,,,,,,,,,,���,IIf,,,� APPROVED AS TO FORM: ram;• i t 6,4„. _ spa ti .0/ s DARRIN M. COKER CITY ATTORNEY � '••• .. .. FIRST AMENDMENT OF SOLID WASTE CONTRACT This First Amendment of Solid Waste Contract(this "Amendment") is made and entered into on this the 13+kday of 5—p+. ,2021,by and between the City of Pearland("City")and Cardiovascular Frontier K2,LLC,a Texas limited liability company("Contractor"). RECITALS WHEREAS, City and Contractor, on October 23, 2020, entered into the Solid Waste Contract attached hereto as Exhibit A attached hereto("Contract");and WHEREAS, now desire to amend certain terms of the Contract upon the terms and conditions hereinafter expressed. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby expressly acknowledged,City and Contractor hereby amend the amend the Contract as follows: 1. Recitals. The Recitals are hereby incorporated herein by reference. Capitalized terms used herein shall have the meanings given to them in the Contract unless otherwise defined herein. 2. Collections Operations-General Provisions; Holidays. The paragraph pertaining to Collections Operations on Holidays shall be amended to read as follows: "Contractor shall perform collection on all days except for Thanksgiving Day and Christmas Day. Contractor shall collect from Residential Customers whose collection day fall on a holiday on the next scheduled collection day. Collection from Residential Customers whose scheduled collection day falls on Thanksgiving Thursday shall occur the following Monday. Collection from Residential Customers whose scheduled collection falls on Monday/Thursday, Tuesday/Friday, Wednesday/Saturday shall occur the following scheduled collection day." 3. Payments to the Contractor. The Section pertaining to Payments to Contractor shall be amended to read as follows: "The City shall provide billing and bill collection services for Residential Units during the term of this Agreement. (a) On the last business day of the month,the City shall provide Contractor the number of Residential Units for which collection services were provided by the Contractor and number of HHW pounds collected.Contractor shall then submit to the City an invoice setting forth sums due by the City to Contractor for services rendered to Residential Units under this Agreement,including those services relating to HHW collection. The City will remit to Contractor payment for such services within thirty(30)days after receipt of invoice.City shall be solely responsible for billing for all collection services to Residential Units on a monthly basis, and the City shall,in addition to the base rate,collect an amount equal to fifteen percent(15%) of the residential customer base rate as a Residential Franchise Fee. (b) The City will notify Contractor in writing of any Residential Unit Customer that has failed to pay the City for waste collection services, and Contractor, upon 1 written direction from City,shall cease servicing such delinquent Residential Unit until notified by the City. Contractor shall have the right to cease servicing any Commercial Unit or Industrial Unit that is delinquent in payment to Contractor. (c) The Contractor shall provide billing and bill collection services to Commercial Units and Industrial Units.The Contractor will be required to provide to the City, on a monthly basis, a report showing the billings to Commercial Units and Industrial Units for the prior month,including the services rendered, and the rate for such service. Contractor shall pay to the City a franchise fee, the percentage to be determined by the City, as a percent of the fees collected by the Contractor for Commercial Waste and Industrial Waste(the"Commercial Franchise Fee"). The Contractor shall add the Commercial Franchise Fee to the rates charged by the Contractor to Commercial and Industrial Customers. The Commercial Franchise Fee payments actually received by Contractor shall be paid by the Contractor to the City within thirty(30)days after the last day of the month of Contractor's actual receipt of such monies. Non-Paving Residential Customers. City shall notify Contractor in writing of any Residential Customer that has failed to pay City for waste collection services.Upon written direction from City, Contractor shall cease servicing such a delinquent Residential Unit until notified by City to resume service. Commercial Customer Billing. Contractor shall be solely responsible for billing for all collection services to Commercial Units,Commercial Small Business Units,and Industrial Units, both Permanent and Temporary Roll-Off services. The City shall receive fifteen percent(15%)of the gross collections from Commercial and Industrial Unit Customers as a Commercial Franchise Fee. Sludge removal for the City shall not be subject to the 15% Commercial Franchise Fee. The City shall not be obligated to pay Contractor for Commercial Collection services provided by Contractor to Commercial Units or Industrial Units. Not later than the tenth (10th) day of each calendar month during the Term of this Contract, Contractor shall provide to City a report showing the billings to Commercial Units and Industrial Units for collection and other services provided to Commercial and Industrial Customers within the City during the immediately prior calendar month,including the services rendered,the rate for such service, and the amount of payments received by Contractor for such services during the calendar month covered by the report. Contractor shall remain liable for the payment of Commercial Franchise Fees pursuant to this Section after termination of this Contract for any and all services provided prior to termination of this Contract. The City may,at its sole option,deduct from the amount due and payable to Contractor pursuant to this Section any Commercial Franchise Fee amounts if Contractor fails to pay the Commercial Franchise Fee on or before the 151 day after such payment is due. Commercial Franchise Fees shall be due and payable on all services provided by Contractor within the City pursuant to this Contract regardless of Contractor's failure to elect to pass through the cost of the Commercial Franchise Fee to Customers. Non-Paving Commercial Customers.Contractor shall have the right to assess interest at the highest rate permitted by law and/late fees on Commercial or Industrial Customers who 2 fail to timely pay Contractor's invoices. Contractor shall have the right to suspend service to any Commercial or Industrial Customer that is delinquent in payment to Contractor.If Contractor suspends service to a Customer for failure to timely pay said invoices, Contractor has the right to charge a service reactivation fee to that Customer." 4. Rates and Services. Exhibit A(Rates and services)to the Contract is amended to add a 45-gallon cart option on a limited basis. 5. Balance of Terms. Except as set forth in this Amendment,the terms and conditions of the Contract are hereby ratified and affirmed and remain unchanged and in full force and effect. 6. Counterparts. This Amendment may be executed in counterparts, each of which when taken together shall be deemed an original,but all of which shall be deemed for all purposes one and the same instrument. Counterpart signatures may be transmitted by facsimile and such fax signatures will be of full force and effect as if such signatures were originals. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year set forth above. CONTRACTOR: Frontier K2,LLC By: Name: J Gustaf Title: resident C Date: ,9 Is-,2021 CITY: City of Pearland By: Name: y Pe son Title: City M /a e} Date: >f ,2021 3 EXHIBIT A Rates and Services All fees exclude any franchise fees. Residential MSW collection two times per week with 95-Gallon cart(all items in the cart) Price per home per month $ 10.63 MSW collection two times per week with 65-Gallon cart(all items in the cart) Price per home per month $ 10.63 MSW collection two times per week with 45-Gallon cart(all items in the cart) Price per home per month $ 10.63 (Use of the 45-Gallon cart option shall be limited to residents in 55+retirement communities) Recycling collection one time per week with 95-gallon cart(all items in the cart) Price per home per month $ 3.50 Brush and/or Bulky materials collection one time per week(2 cubic yard limit) Price per home per month $ 1.75 Extra Service Pink Tags (supplied by Contractor) Price per collected bag $ .65 Rate for each additional Solid Waste cart per residence Price per home per month $ 9.26 Rate for each additional Recycling cart per residence Price per home per month $ 6.25 Rate for Replacement Cart(either service) Price per replacement $ 55.00 Collection Rates for Unusual Accumulation Waste Collection Rate per hour for Vehicle(any type) and Crew $ 195.00 Disposal fee per yard collected $ 13.00 Small Commercial with Contractor-supplied 95 gallon Poly Carts One 95-gallon Cart once per week for MSW $ 19.95 One 95-gallon Cart twice per week for MSW $ 24.95 One 95-gallon Cart once per week for Recycling $ 7.50 • Commercial Front Load Rates All fees exclude any franchise fees. Size lx 2x 3x 4x 5x 6x extra p/up 2 yard $68.12 $99.36 $130.57 $162.27 $195.00 $225.00 $30.00 3 yard $82.93 $125.63 $168.32 $211.02 $245.00 $275.00 $45.00 4 yard $96.06 $146.97 $197.89 $248.82 $299.75 $349.70 $55.00 6 yard $119.08 $196.23 $249.02 $331.25 $413.42 $495.62 $60.00 8 yard $140.20 $240.58 $331.24 $440.83 $550.45 $660.01 $75.00 Casters(fee per month per container) $10.00 Locks(fee per collection per container) $2.00 Enclosures(fee per collection per container) $3.00 Roll-Off Containers Important Note:All fees exclude any franchise fees. Roll-Off-Temp-EXCLUSIVE TO CONTRACTOR Delivery Daily Rental Haul Rate Disposal per Ton* 20 yard $50.00 $3.00 $225.00 $45.00 30 yard $75.00 $3.00 $225.00 $45.00 40 yard $75.00 $3.00 $255.00 $45.00 Roll-Off-Permanent-EXCLUSIVE TO CONTRACTOR • Delivery Daily Rental Haul Rate Disposal per Ton* 20 yard $.00 $3.00 $225.00 $45.00 30 yard $.00 $3.00 $225.00 $45.00 40 yard $.00 $3.00 $255.00 $45.00 Roll-Off-Compactor-EXCLUSIVE TO CONTRACTOR Monthly Haul Rate Disposal Rental per Ton* 15 yd SC** $395.00* $225.00 $45.00 20 yd SC** $395.00* $225.00 $45.00 25 yd SC** $450.00* $225.00 $45.00 30 yd SC** $495.00* $225.00 $45.00 35 yd SC** $495.00* $275.00 $45.00 40 yd $158.00* $225.00 $45.00 Receiving Container*** * some extra costs might be incurred for special chutes,fabrication,or specialty compactor units Household Hazardous Waste Collection From Recycling Center Price per pound $ .99