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R-2015-230 2015-12-14RESOLUTION NO. R2015-230 A Resolution of the City Council of the City of Pearland, Texas, awarding a Bid for Dewatered Bio -Solids Disposal Services to Solid Recovery Services, Inc., in the estimated amount of $461,000.00, beginning December 15, 2015 through December 14, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City obtained bids for dewatered bio -solids disposal services, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards a bid for dewatered bio -solids disposal services to Solid Recovery Services, in the unit price amount reflected in Exhibit "A" attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a supply contract for dewatered bio -solids disposal services. PASSED, APPROVED and ADOPTED this the 14th day of December, A.D., 2015. ATTEST: a NG LO" !� , ' M G Y SE At TARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR `<(17.. :U: Bid No. 1016-03 Title Sludge Transportation and Disposal Services Specification Responses Resolution No. R2O15-230 Exhibit "A" Resolution No. R2015-230 Republic Services Exhibit A Solid Recovery Services Line Description UOM QTY Unit Extended Unit Extended 5 COST PER CUBIC YARD TO TRANSFER 8IO-SOLID SLUDGE FROM BARRY ROSE WASTEWATER PLANT TO TCEQ PERMITTED FACILITY. CY 2100 $25.00 $52,500.00 S27.96 $58,716.00 6 COST PER CUBIC YARD TO TRANSFER BIO -SOLID SLUDGE FROM LONGWOOD WASTEWATER PLANT TO TCEQ PERMITTED FACILITY. CY 3900 $25.00 $97,500.00 $27.96 $109,044.00 7 COST PER CUBIC YARD TO TRANSFER BIO -SOLID SLUDGE FROM SOUTHWEST ENVIRONMENTAL CENTER (SWEC) TO TCEQ PERMITTED FACILITY. CY 5100 $25.00 $127,500.00 $27.96 $142,596.00 8 COST PER CUBIC YARD TO TRANSFER BIO -SOLID SLUDGE FROM FAR NORTHWEST ENVIRONMENTAL CENTER TO TCEQ PERMITTED FACILITY. CY 5400 $25.00 $135,000.00 $27.96 $150.984.00 13 COST FOR ANY OTHER SERVICES THE COMPANY PROVIDES (LIME STABILIZATION, TANK CLEANING, ETC.) WHICH THE COMPANY CONSIDERS INTEGRAL TO PROFESSIONAL SLUDGE MANAGEMENT AND OF BENEFIT TO THE CITY' EA 1 525.00 $25.00 $0.00 $0.00 TOTAL PRICE PER CUBIC YARD ALL INCLUSIVE S 2614 $ 431,250.00 $27.96 S 461 34000 PRICE DIFFERENCE PER CUBIC YARD ALL INCLUSIVE • $25 per each 22 CY container or 51.14/CY added to the S25/CY cost for lines 5. 6, 7, & 8 for Republic's bid. Exhibit B Reference Check for: Solid Recovery Services Bid No. 1016-03 Reference Contacted: City of Seabrook Name: Kevin Padgett Phone Number: 281-474-3883 Email or other information: Service Provided: Press solids and Sludge Box Haul Off 1. Have you used Solid Recovery Services within the last year? Yes, for 5 years. If yes, what type of project? Press Solids and Sludge Haul Off 2. Have you had any performance issues with Solid Recovery Services ? NO If yes, please elaborate. Great Service. 3. What is your level of satisfaction with this company? Well Satisfied with service. 4. If you had another project that is applicable to this company would you consider using them again? YES 5. What is your estimated annual spend with this company (optional)? 6. Is this your primary vendor for this service? YES Checked by: Mark Wahlstrom / Wastewater Superintendent 11/10/2015 Reference Check for: Solid Recovery Services Bid No. 1016-03 Reference Contacted: HCMUD — 33 WWTP Name: Paul Bradley Phone Number: 281-377-9100 Email or other information: Service Provided: Press solids and Sludge Box Haul Off 1. Have you used Solid Recovery Services within the last year? Yes, for 15 years. If yes, what type of project? Press Solids and Sludge Haul Off 2. Have you had any performance issues with Solid Recovery Services ? NO If yes, please elaborate. 3. What is your level of satisfaction with this company? Well Satisfied with service. 4. If you had another project that is applicable to this company would you consider using them again? YES 5. What is your estimated annual spend with this company (optional)? 6. Is this your primary vendor for this service? YES Checked by: Mark Wahlstrom / Wastewater Superintendent 11/10/2015 Reference Check for: Solid Recovery Services Bid No. 1016-03 Reference Contacted: WWWMS INC. Name: Paul Villareal Phone Number: 281-924-4628 Email or other information: Service Provided: Sludge Box Haul Off 1. Have you used Solid Recovery Services within the last year? Yes, for 15 years. If yes, what type of project? Sludge Haul Off 2. Have you had any performance issues with Solid Recovery Services ? NO If yes, please elaborate. 3. What is your level of satisfaction with this company? Well Satisfied with service. 4. If you had another project that is applicable to this company would you consider using them again? YES 5. What is your estimated annual spend with this company (optional)? 6. Is this your primary vendor for this service? YES Checked by: Mark Wahlstrom / Wastewater Superintendent 11/10/2015 Exhibit C E -Mail / Phone Log For Republic Date 1/10/2015 Time 12:45 Person Louwanna Lunday Issue Boxes not Picked up yet Contact Richard Lira Response Operation said they are still running 2/9/2015 6:35 Louwanna Lunday Box not recived yet, 2 days late Richard Lira no response 6/24/2015 8:30 Louwanna Lunday Box not picked up, Truck Broke Richard Lira Driver swaped trucks, on way back 7/7/2015 7:13 Louwanna Lunday Boxes not Picked up yet Richard Lira No response 7/8/2015 12:00 Louwanna Lunday Box leaking at Barry Rose Richard Lira Will swap box 7/9/2015 7/9/2015 7:14 Louwanna Lunday Driver complaints Richard Lira Will discuss with Management 7/20/2015 10:32 Louwanna Lunday Boxes not Picked up yet SWEC Customer Services Forward info to the division 8/3/2015 7:12 Louwanna Lunday Boxes not Picked up yet, several days Richard Lira / Customer Services No response 8/11/2015 8:08 Louwanna Lunday Boxes not Picked up yet in time Richard Lira / Customer Services Forward info to the division 10/28/2015 7:48 Louwanna Lunday Boxes not Picked up yet, several days Richard Lira / Customer Services Make contact with operations, will provide with update 11/20/2015 15:00 Mark Wahlstrom Talk about performmance Joshua / Upper Management Will call Back at 16:00 11/20/2015 16:00 Mark Wahlstrom Joshua / Upper Management No Call Back 11/20/2015 16:18 Mark Wahlstrom Tried to call Joshua Joshua / Upper Management Answering Machine / Left Message 11/23/2015 11:47 Mark Wahlstrom Tried to call Joshua Joshua / Upper Management Answering Machine / Left Message 11/23/2015 11:36 Louwanna Lunday Box picked up late Richard Lira / Customer Services Customer service will get an ETA from Dispatch Exhibit D Agenda Request for Sludge Disposal Picture Explanations Pictures: Barry Rose July 7, 2015 The picture below was taken at the Barry Rose facility. It is the result of the Republic driver not making sure the tail gate was latched and a spill resulted. Pictures: Spill A thru E June 25, 2015 The pictures below are from the John Hargrove Facility. Republic brought out extra boxes. The Operators believed these were empty boxes, but the boxes were already full from an unknown site. When it rained that week the boxes leaked onto the driveway. City of Pearland 3519 Liberty Drive Pearland, TX 77581 Resolution No. R2015-230 Exhibit "A" General Services Contract This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which consists of the following parts: 1. Summary of Contract Terms 11. Signatures II:. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: Termination Date: Renewal: Solid Recovery Services, Inc. 5773 Woodway Dr. Houston, TX 77057 Contractor will provide bio -solids disposal services, per the specifications of City of Pearland bid #1016-03; City Council Resolution #R2015-230. Unit Supply Contract, Estimated at $379,000 12/15/2015 12/14/2016 Two (2) one-year renewal options available, upon mutual agreement of both parties. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF P - RLAND* Pu a r .,i er / ed by: Date: ti City Manager Assistant City Manager Director Program Manager Date 'Contract Signature Authority: CONTRACTOR: Title: Date: I'L1 Itnit Program Manager -$5,999 or less Director - $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $50,000 City Council Resolution - $50,000+ III. Standard Contractual Provisions. A. Definitions. Contract means this Standard Services Contract. Services means the services for which the City solicited bids or received proposals as described in Exhibit A, attached hereto. B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code. C. Termination Provisions. (1) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (2) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. (3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City's sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. D. Liability_ and Indemnity. Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, loss, or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's negligent acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third -party defendant as allowed by law. E. Assignment. The Contractor shall not assign this Contract without the prior written consent of the City. F. Law Goveminq and Venue. This Contract is govemed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Brazoria County, Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. H. Independent Contractor. Contractor shat; perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, direct, or control the Contractor or Contractor's officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator's fees. J. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. IV. Special Terms or Conditions. None. V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract, except as follows: any provision contained in any of the Contractor's Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's Additional Contract Documents, does not apply to this Contract. A. Contractor's Additional Contract Documents: 1. The contractor's response to Bid #1016-03 shall be construed as additional contract documents. 2. Executed Contractor Insurance Requirements & Agreement (required insurance certificate[s] shall be in possession of City at actual commencement of work). B. City's Additional Contract Documents: 1. Scope of Services as listed below. Specification Responses Solid Recovery Services Line Description UOM QTY Unit 5 COST PER CUBIC YARD TO TRANSFER BIO -SOLID SLUDGE FROM BARRY ROSE WASTEWATER PLANT TO TCEQ PERMITTED FACILITY. CY 2100 $27.96 6 COST PER CUBIC YARD TO TRANSFER BIO -SOLID SLUDGE FROM LONGWOOD WASTEWATER PLANT TO TCEQ PERMITTED FACILITY. CY 3900 $27.96 7 COST PER CUBIC YARD TO TRANSFER BIO -SOLID SLUDGE FROM SOUTHWEST ENVIRONMENTAL CENTER (SWEC) TO TCEQ PERMITTED FACILITY. CY 5100 $27.96 8 COST PER CUBIC YARD TO TRANSFER BIO -SOLID SLUDGE FROM FAR NORTHWEST ENVIRONMENTAL CENTER TO TCEQ PERMITTED FACILITY. CY 5400 $27.96 13 COST FOR ANY OTHER SERVICES THE COMPANY PROVIDES (LIME STABILIZATION, TANK CLEANING, ETC.) WHICH THE COMPANY CONSIDERS INTEGRAL TO PROFESSIONAL SLUDGE MANAGEMENT AND OF BENEFIT TO THE CITY.' EA 1 $0.00 CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of providing bio -solids disposal services, per the specifications of City of Pearland bid #1016-03; City Council Resolution #R2015-230. Pricing as follows per contractor's response to the same, as listed below: