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HomeMy WebLinkAboutResolution No. 2017-023CITY OF THE COLONY, TEXAS RESOLUTION NO. 2017-_Q7,11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SWS ENVIRONMENTAL SERVICES FOR THE TRANSPORTATION AND DISPOSAL OF NON- HAZARDOUS BIO SOLID WASTE; WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City has entered into an agreement with SWS Environmental Services for the transportation and disposal of non -hazardous bio solid waste; and WHEREAS, the City has determined that it is in the best interest of the City to enter into this agreement which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided herein; and WHEREAS, the City of The Colony is agreeing to pay the sum of $305,800.00 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The Proposal from SWS Environmental Services is attached hereto and incorporated herein as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the proposal on behalf of the City of The Colony, Texas. Section 3. This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 7t" day of March, 2017. ati � G J e McCourry, Mayor ity of The Colony, T T ST: 01 Tina Stewart, TFUMC, City Secretary H SEAL .� r TEX'ps VED AS TO Jeff Moore/City Attorney 9204 Hwy 287 N.W. Fort Worth, TX 76131 817-847-1333 FAX 817-306-8086 February 13, 2017 Mr. Evan Groeschel City of the Colony 7500 Forest Drive The Colony, TX 75056- FW02264 (Revised 2/13/2017) RE: Proposal for Transportation and Disposal of Non -Hazardous Biosolids Waste - Public Bid Dear Mr. Groeschel: Progressive Environmental Services, Inc. dba SWS Environmental Services (SWSES) is pleased to submit the following proposal the above referenced project at The City of The Colony's Wastewater Reclamation Facility. Our proposal is based upon information provided by The City of The Colony (Client), and upon previous experience with this project. We would be pleased to meet with you to discuss our approach to the work. Job Summary Provide 30 c.y. roll -off boxes with tarps and liners to transport 5,000 tons of non -hazardous biosolids waste from your site at 7500 Forrest Lane, The Colony, TX, to Republic Services Arlington Landfill, 800 Mosier Valley, Arlington, TX, for disposal. Scope of Work • Work will be performed by properly trained personnel donned in the appropriate level of personnel protective equipment (PPE) under supervision to meet Occupational Safety and Health Administration (OSHA) regulations, and Federal, State and local laws for safety and health. • All personnel used for the management of any contaminated materials encountered will have received a minimum of 40 -hour training in hazardous materials management and is current on all annual 8 -hour refresher training in accordance with 29 CFR 1910.120. • SWSES will stage two (2) - 30 cubic yard roll -off boxes at the Client's wastewater reclamation facility at 7500 Forrest Land, The Colony, TX for the duration of the contract,with the exception of transportation intervals. • Prior to mobilization, the Client will be responsible for: Providing at least a 24 -hr notice in order to schedule each pickup; Sampling and analysis of any material, if necessary; Profiling the waste into the SWSES designated landfill; Filling the containers evenly to assure ease of handling and transportation; Performing and ensuring that the material passes the paint filter test; Allowing for unimpeded access to the site and these containers. • SWSES will transport a minimum of 14 tons but no more than 18 tons on each load. Transportation will be performed on a "drop and swap" basis. • Demurrage will be charged at a rate of $90.00 per hour, or fraction thereof, if disposal is delayed at the landfill due to radiation issues. • This contract can be extended for up to three (3) one-year periods by consent of both parties. Description Rate Quantity Unit Total Transportation and Disposal $61 16 5000 Ton $305,800.00 — — + - Total: L$305,800 Customer acknowledges that invoicing will consist of actual quantities incurred at the provided rates. Any additional resources required, other than those identified herein, will be invoiced in accordance with SWSES's Page 1 of 3 FW02264 (Revised 2/13/2017) S*r%City of the cawey > February 13. 2017 current time and materials rates. If the Customer issues a Purchase Order for an estimated amount, Customer acknowledges that invoicing will still be based on actual quantities mcurred at the provided rates regardless if the Purchase Order amount is exceeded. Any terms proposed in Customers acceptance of this proposal which add to, vary from, or conflict with this proposal or SWSES's Standard Terms and Conditions, are hereby rejected. Any such proposed terms shall be void and the terms in this proposal and SWSES's Standard Terms and Conditions shall constitute the complete and exclusive statement of the terms and conditions of the contract between SWSES and Customer. SWSES's Standard Terms and Conditions are hereby incorporated into this proposal. By signing below, you represent that that you are an authorized representative of the Customer and this document and SWSES's Standard Terms and Conditions will constitute a contract between SWSES and the Customer to perform the services in accordance with the scope, pricing, schedule and standard terms and conditions of this proposal. Any changes to SWSES scope, pricing, schedule or standard terms and conditions must be specifically agreed to by SWSES in writing prior to performance of services and incorporated herein. SWS Environmental Services customary work hours are 7:00 a.m. to 3:00 p.m. A fuel recovery charge has been incorporated into this unit rate price quote. We reserve the right to adjust pricing for services provided beyond thirty (30) days from quote date if the cost of fuel varies significantly. We appreciate the opportunity to submit this proposal. If you have any questions or require additional information, please contact me at the phone number or address below. If you accept this proposal, please sign and return to SWS Environmental Services. Respectfully, 46d'Q Me -41-09) W00116 Lisa (Peterson) Wylie Inside Sales 9204 Hwy 287 N.W. Fort Worth, TX 76131 817-847-1333 AGREED: City of the.Golony BY: - Cc: SRV CTR, Bus Dev Rep Page 2 of 3 FW02264 (Revised 211312017) 50*9nb City of the Colony swt �en►rm Febuwy 13. 2017 STANDARD TERMS AND CONDITIONS 1 Acceptance and Formation of Contract All written proposals shall be valid for a period of thirty (30) days. The cancellation or expiration of any contract hereunder shall not affect either Party's obligations under any orders issued and accepted prior to such expiration or cancellation By issuance of a notice to proceed with the work, whether oral or written, Customer agrees to the terms and conditions stated herein. Any terms proposed in Customer's acceptance of this proposal which add to, vary from, or conflict with the proposal or these terms and conditions, are hereby rejected. Any such proposed terms shall be void and the terms in the proposal and these terms and conditions shall constitute the complete and exclusive statement of the terms and conditions of the contract between Progressive Environmental Services, Inc d/b/a SWS Environmental Services ("SWSES) and Customer. 2. Project Documents: SWSES's proposal includes and incorporates SWSES's Rate Schedule which is in effect at the time of performance of the work, all documents provided to SWSES by or on behalf of Customer and all documents provided to Customer or its representative by or on behalf of SWSES. The term "Customer" refers to the party with whom SWSES is contracting. This document is incorporated by reference to the Contract as specified therein and is an integral part of the Contract 3, Scope of Work and Price. All work performed hereunder shall be performed and invoiced in accordance with SWSES's written proposal, SWSESs Rate Schedule which is in effect at the time of performance of the work, the other Project Documents, and the terms and conditions stated herein as each may be applicable to the type of work performed. In the event that the scope of work, schedule, or material changes, Customer agrees to pay SWSES on a time and material basis in accordance with SWSES's then current Rate Schedule or other unit rates, whichever is applicable, unless a revised proposal is prepared by SWSES and accepted by Customer Emergency response services shall be performed and invoiced In accordance with SWSES's current Rate Schedule. Unless expressly set forth, SWSES's proposal does not include state or Iota( sales tax. if any such taxes are applicable and the client does not provide a Direct Pay or Tax Exemption Certificate for this work, such taxes will be added to the invoiced amount as a separate line item A fuel recovery fee will be invoiced for all transportation, disposal and fuel consuming equipment charges at the prevailing rate at the time work is performed Please seethe recovery fee link on our web site at wwwswsenvironmental.com. 4. General Conditions of Work Customer is responsible for furnishing to SWSES all pertinent data and information concerning the work to be performed hereunder, the nature of the work site and the nature of the conditions to be remediated, including special hazards or risks involved with such work, premises, site or conditions. Unless otherwise stated In SWSES's proposal, all pricing is based upon the following general conditions- (a) SWSES will not incur any waiting or standby time for reason beyond SWSESs control, (b) access to, from and at the work site will not be restricted or limited, m there will be no overhead, underground, aboveground or other obstructions, rocks, pipelines, or utilities that would impede SWSES's work; (d) the work site and all access ways shall be suitable for the size and weight of all vehicles and equipment utilized to perform the work E all wastes shall conform to the representations of Customer and the Project Documents: (f) all non-emergency response related work will be performed Monday through Friday during daytime business hours between 8x00 a.m, and 4'00 p.m (work performed outside of this time frame will be charged at 1.5 times the standard rates or as otherwise provided in SWSES's then current Rate Schedule: work performed on Sundays and holidays will be charged at two times the standard rates), (g) Customer is responsible for all damage to equipment and its components not caused by the direct fault of SWSES, and (h) Customer is responsible for all costs associated with overloading of containers or trucks including citations, damages to equipment or property, loss of revenue, etc., unless loaded by SWSES. Any variance in these conditions is considered a change in the scope of work unless expressly otherwise stated in SWSES's proposal. If any of the waste contains materials which do not conform to the descriptions provided by Customer and/or in the Waste Profile Sheets ("non-conforming waste"), SWSES may, at its option, properly dispose of it, return it to Customer or require Customer to remove and dispose of the non-conforming waste at Customer's expense and reimburse SWSES for any expenses that it has incurred Customer is expressly prohibited from allowing any other carrier to move SWSES's equipment without the prior written consent of SWSES. The equipment that SWSES furnishes to Customer will remain on its property until moved by SWSES Customer will be responsible for any loss or damage resulting from its handling of the equipment, except for normal wear and tear Customer will not overload by weight or volume, move or alter the equipment and will take reasonable precautions to prevent others from doing the same. Customer will use the equipment only for its intended purpose. If the equipment is Inaccessible or overloaded by weight or volume, SWSES's service will be subject to an additional charge as outlined in SWSES's then current Rate Schedule or other unit rates as applicable. SWSES will not be responsible for damage to Customer's driving surfaces resulting from weight ofvehicles or equipment. 5, Invoicing and Payment Customer shall make payments due under each invoice within fifteen (15) days of the invoice date. Interest shall begin to accrue on the invoice due date for payments not received by such date at the smaller of (j) the maximum lawful interest rate or (it) one and one-half (I tf %) percent per month. The individual signing the proposal Incorporating these terms personally guarantees payment of any charges incurred thereunder. All payments will be first applied to Interest, if any. In the event payment is not timely made and SWSES files a lien or bond claim on Customer's account, Customer will be assessed an administrative charge of $500.00 plus any applicable costs provided for in paragraph 6. However, Customer expressly agrees that SWSES is a beneficiary to, and may impose a lien on, any and all of Customer's insurance policies and/or proceeds. Customer expressly acknowledges that its obligation to pay all amounts incurred hereunder is absolute and is not conditioned upon availability of funding, insurance, or any other reasons. 6. Disputes and Waiver of Rights* In the event that Customer disputes any portion of any invoice, Customer shall provide SWSES written notice of the disputed items within fifteen (15) days of the Invoice date The written notice must specifically state the portion in dispute and describe the dispute in such detail that SWSES has full notice of the dispute. Customer hereby agrees that failure to provide such written notice within fifteen (15) days of the invoice date constitutes waiver of any such dispute and full payment of the invoice shall be provided to SWSES. Customer agrees that it will not claim any dispute after the fifteen (15) day period that has not been timely specified in writing to SWSES, Further. Customer agrees that the non- disputed portion of the invoice will be paid within fifteen (15) days of the invoice date In the event that a lawsuit arises out of any matter related to this contract and SWSES prevails, Customer agrees to pay SWSES's attorneys' fees and costs, including, but not limited to, in- house counsel at the rate of $300, 00 per hour and outside counsel, plus court costs and expenses, Further. Customer agrees to pay SWSES for its' personnel at twice the rate stated in its' rate sheet for any time spent preparing the case or testifying at a deposition or trial. 7 Title to Waste- The parties hereto agree that SWSES is not and shall not be considered the owner or generator of, and shall not take title to, any waste materials or substances remediated, removed or otherwise handled by SWSES on behalf of Customer Customer hereby authorizes SWSES to sign waste manifests and profiles as agent for the generator 8. indemnity Each party hereto agrees to indemnify, defend and hold harmless the other party hereto and the other party's shareholders, directors, officers, employees and agents, from and against any and all claims, demands, causes of action and liabilities of any nature, whether for damages to property, business interests, or persons or for death, arising out of or related to the performance of this Contract and/or the conditions to which this Contract pertains, to the extent that any such claims, demands, causes of action and/or liability is attributable to the breach of contract, negligence, or other fault of the indemnifying party. The indemnification by each party shall survive the termination of this Agreement. Notwithstanding the foregoing, where the work or services provided by SWSES consists of or is related to emergency response, SWSES does not waive any right or ability it may have to assert responder immunity pursuant to any applicable Federal, state and/or local laws and ordinances and/or any lawful order, regulation and/or rules thereunder and shall not be liable for any claims where such responder immunity applies. 9 Assignment: Customer may not assign, transfer or otherwise vest in any other company, entity or person, any of its rights or obligations under the Agreement without the prior written consent of SWSES, which consent shall not be unreasonably withheld 10. jurisdiction and Venue! The substantive laws of the State of Florida, without regard to conflicts of laws principles that would require application of any other law, shall govern all matters arising out of, or relating to, this Agreement and all of the transactions it contemplates, including without limitation its validity, interpretation, formation, construction, breach, performance, termination and enforcement. The Parties mutually consent to the exclusive jurisdiction of the federal and state courts in the State of Florida and agree that any action, suit or proceeding concerning, related to or arising out of this Agreement and the negotiation of this Agreement will be brought only in a federal or state court in the State of Florida and the Parties agree that they will not raise any defense or objection or file any motion based on lack of personal jurisdiction, improper venue, inconvenience of the forum or the like in any case filed in a federal or state court in the State of Florida Initis Page 3 of 3