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HomeMy WebLinkAboutResolution - 2009-R0257 - Contract - Envirosolve Inc.- Hazardous Waste Disposal Services - 07/08/2009Resolution No. 2009—RO257 July 8, 2009 Item No. 5.21 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for Hazardous Waste Disposal Services, pursuant to an existing interlocal purchasing agreement through Texas Tech University Health Science Center, by and between the City of Lubbock and Envirosolve Inc. of Bellaire, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: D6puly City Manager APPROVEDS TO FORM: i Chad Weaver, Assistant City Attorney day of July '2009. TOM MARTIN, MAYOR vw/ccdoes/Chad/Resolutions/RES.Contract-Envirosolve Inc June 17, 2009 Resolution No. 2009-RO257 Contract: 9016 CONTRACT WITH ENVIROSOLVE, INC. TO PROVIDE HAZARDOUS WASTE DISPOSAL SERVICES STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 8th day of July , 2009, by and between the CITY of Lubbock ("City"), and Envirosolve, Inc., ("Contractor"). WHEREAS, the City is in need of hazardous waste disposal services; and WHEREAS, Contractor has the materials, experience and skill required to provide said services described above; NOW THEREFORE, it is agreed between the parties that: I. SCOPE OF WORK. A. Contractor agrees to perform services described in "EXHIBIT A," which is attached hereto and incorporated herein as if fully set forth. B. City Responsibilities. City agrees to pay the amounts stated in "EXHIBIT B" to Contractor for the project cost of performing services as described in "EXHIBIT A". I1. TIME OF PERFORMANCE A. Contractor will begin work promptly after the agreement is signed, unless otherwise agreed in writing between the parties. B. This agreement shall become effective upon its execution by all parties and shall end on August 31, 2009. The parties have the option to renew the agreement, beginning September 1, 2009, for up to three (3) one year periods. III. GENERAL CONDITIONS A. Insurance Contractor will provide and maintain in force for the full term of this agreement, the insurance described in "EXHIBIT C", which is attached hereto and incorporated as if fully set forth herein. B. Indemnification General Indemnification. Contractor agrees to indemnify, defend, and hold City, its council members, officials, agents, guests, invitees, consultants and employees free and harmless from and against any and all claims, demands, proceedings, suits, judgments, costs, penalties, fines, damages, losses, attorneys' fees and expenses asserted by any person or persons, including agents or employees of Contractor or City, by reason of death or injury to persons, or loss or damage to property, resulting from or arising out of, the violation of any law or regulation or in any manner attributable to any act of commission, omission, negligence or fault of Contractor, its agents or employees, or the joint negligence of Contractor and any other entity as a consequence of its execution or performance of this Contract or sustained in or upon the premises, or as a result of anything claimed to be done or admitted to be done by Contractor hereunder. This indemnification shall survive the term of this Contract as long as any liability could be asserted. Nothing herein shall require Contractor to indemnify, defend or hold harmless any indemnified party for the indemnified party's own gross negligence or willful misconduct. Environmental Indemnification, Contractor agrees to indemnify, defend and hold City and its council members, officials, agents, guests, invitees, consultants and employees free and harmless from and against any and all claims, demands, proceedings, suits, judgments, costs, penalties, fines, damages, losses, attorneys' fees and expenses asserted by local, state or federal environmental agencies or private concerns in connection with or resulting from or arising out of the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse by any person of waste collected, transported or placed in the landfill or any cleanup associated with environmental contamination, whether such cleanup is of air, soil, ground water or surface water contamination. Contractor specifically agrees to indemnify, defend and hold harmless City against all claims, damages and liabilities of whatever nature asserted under CERCLA. Contractor shall be responsible and liable for any spill, underground pollution or any other environmental impairment incident caused by acts or omissions of Contractor regardless of when such incident is discovered. C. Governing Law This Agreement shall for all purposes be construed and enforced under and in accordance with the laws of the State of Texas. Venue shall lie in Lubbock County, Texas. D. Amendments City or Contractor may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are only effective when executed in writing and signed by both parties. E. Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the subject matter. F. Either party may terminate this Agreement by giving the other party thirty (30) days written notice of the termination. IN WITNESS HEREOF, the parties have executed this Agreement as of this 8th _ day of July , 2009. CITY OF LUBBOCK ENVIROSOLVE, INC. Q ~ Tom Martin, Mayor Authorized—Represe66tive APPROVED AS TO CONTENT Manager '/t' l 1 11— 1, 12 1 Aubrey Spear�E Director of W ter Utilities APP)�VE�AS TQ`FORM; Chad Weaver, Assistant City Attorney -T;M-m TSE , ZF�,6.- Print Name Address: ATTEST: Rebeea Garza City tecretary Resolution No. 2004-80257 EXHIBIT "A" Throughout the extent and duration of this contract, the Contractor shall comply with all existing federal, state, and local regulations, standards, or legal requirements in fulfilling its terms and conditions. These shall include, but are not be limited to, EPA Hazardous Waste Standards (40 CFR 260 et seq), EPA Storage and Disposal Standards (40 CFR 100 et seq), OSHA Hazardous Waste Operations and Emergency Response (29 CFR 1910.120), and DOT Hazardous Materials Standards (49 CFR 100 et seq). Scope of Work Contractor hereby agrees to provide hazardous waste disposal services for City facilities on an as needed basis. City facilities needing hazardous waste disposal services will contact the Contractor to arrange a pick up date. A listing of chemicals and approximate quantities and numbers of containers will be provided to the Contractor approximately ten (10) days prior to the requested date of pick up. Possible City Facility hazardous waste collection points are: Location Facility Name Street Address City, State, Contact Phone Number ID Zip Person A Airport Operations 6000 N. Walnut Lubbock, TX Steve 8061775-2040 and Maintenance 79401 Hemmeline 8061775-3493 fax B Facilities Call for pick-up Lubbock, TX Sid Beach 806/775-2276 Maintenance location 79401 806/775-3267 fax C Fire Department 1515 E. Ursuline Lubbock, TX Chris Angerer 806/775-2633 79403 806/775-3510 fax D Fleet Services 206 Municipal Dr Lubbock, TX Tom Vasko 806/775-2184 79401 806/775-3085 fax E Health Department 1902 Texas Ave. Lubbock, TX Kim Swacina 806/775-2908 79411 806/775-3178 fax F Lubbock Land 4602 E 19th St. Lubbock, TX Brad Welch 806/767-3150 Application Site 79401 806/744-6209 fax G Parks Central Shop 1912 Erskine Lubbock, TX Tim Segura 8061767-3298 Maintenance 79401 8061747-0805 fax H Solid Waste 208 Municipal Lubbock, TX Debra 8061775-2486 Collection Hill 79401 Frankhouser 8061775-3013 fax I Solid Waste 17304 N FM Abernathy, Catrennia 806/757-2151 Disposal (Landfill 2528 TX 79311 Williamson 806/757-2219 fax 42252 West Texas Regional Disposal Facility) J Water Reclamation E. 37`' andGuava Lubbock, TX Christy Felice 8061775-3242 79404 8061775-3250 fax K Water Treatment 6001 N. Guava Lubbock, TX Fekade Girma 806/775-2614 79415 806/775-3522 fax A. Transportation and delivery of all equipment, supplies, and manpower necessary to complete the provisions of this agreement shall be the responsibility of the Contractor. B. The Contractor will supply all packaging material, containers, labor, and transportation. Containers and transportation will meet DOT standards and final disposition will conform to EPA standards. C. Affidavit of Compliance with Local, State, and Federal Regulations of a Regulated Substance: All Contractor employees handling any hazardous waste shall be trained in hazardous waste handling safety, safe loading and unloading of the hazardous waste, how to operate all equipment necessary to perform such tasks, and emergency spill response procedures and actions. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Affidavit of Compliance with Local, State, and Federal Regulations of a Regulated Substance to the City, which shall be completed by a person authorized to approve financial matters, and which shall furnish and contain all required information referenced or indicated thereon. D. The Contractor shall have available at all times when handling and transporting hazardous waste sufficient spill control equipment and supplies to allow for the control and containment of a worst case scenario involving the types and amounts of wastes being handled and transported. E. Hazardous waste will be collected from various City of Lubbock Facilities (as noted in the table above) once Contractor is notified by the City of the need for a pickup. Contractor shall pick the hazardous waste up within ten (10) days of notification. F. The Contractor shall bulk compatible liquids for shipment. The Contractor shall properly segregate and package for shipment all hazardous wastes, as well as mark and label all containers of the packaged wastes according to all applicable Federal and State hazardous waste transportation regulations. G. Radioactive material disposal costs will be determined on a case-by-case basis. Pricing will be determined by quantity and radioactivity level. Contractor will provide a cost estimate to the City facility designated representative for approval prior to acceptance of any radioactive waste material for disposal. H. The Contractor shall test any unknowns for corrosivity, ignitability, flammability, and toxicity, as indicated in the pricing schedule, to properly identify the hazard class for the purpose of properly bulking compatible wastes for transportation. Contractor will indicate the results of the above tests on the waste manifests. Any additional testing needed to determine the unknown hazard class will require approval from the City facility designated representative. In such event, Contractor will provide an estimate of additional testing cost and the purpose for the testing, prior to removal from the City facility. I. The Contractor shall complete the necessary hazardous waste manifests and associated documents. The City facility designated representative shall inventory all shipping containers and sign all documents prior to containers being loaded. The Contractor shall distribute the appropriate copies to the City facility designated representative and any utilized treatment, storage, or disposal facilities. The Contractor shall provide to City a by -container chemical/quantity breakdown by bid category for all materials packaged. Container weights for per pound wastes will be determined by use of the scales at the City facility prior to removing the waste from the site. Quantities for per gallon items will be based on container capacity if full and an estimate agreed upon by the Contractor and City facility designated representative if not full. Per gallon and per each item need not be weighed. J. Unless otherwise agreed to by the City facility designated representative, all waste will be loaded and removed from the site on the day the manifests are signed by the City facility designated representative. K. Upon accepting possession of contracted waste materials, the Contractor shall assume the risk of loss and all other incidents of possession. L. The Contractor shall make final disposition of all waste collected and provide the City facility designated representative with final disposition documents in the form of Certificates of Destruction, Certificates of Disposal, or Certificates of Treatment, as appropriate, within ninety (90) days of removal of the waste from the City facility property. These Certificates shall specify date, location and method used, and shall certify that final disposition has been carried out in full compliance with all federal, state, and local laws, regulations, standards, and requirements. In the event final disposition has not taken place ninety (90) days after shipment, the waste shall be considered in a overdue status and the Contractor shall provide, in writing, an explanation of the disposal delay. The Contractor shall update the status of all overdue waste every 30 days until final disposition is made. A The City reserves the right to visit the Contractor's facilities prior to the start of, or at any time during, this agreement. N. City shall authorize payment of 75% of the total cost of the shipment subsequent to its removal and the receipt of an invoice. The remaining 25% will be paid upon receipt of the final disposition documents by the City facility designated representative. Resolution No. 2009-RO257 EXHIBIT "B" 1. Bulked liquids, fuels eligible, $2.65/gallon non -fuels eligible, $4.47/gallon 2. Reactive lab pack, $5.21/pound 3. Non-reactive lab pack, $1.54/pound 4. Mercury waste, wastes containing Elemental mercury with D009 waste codes S4.91 /pound Mercury nitrates, halides $4.61/pound Mercury sulfides, hydroxides, sulfates, oxides $4.61/pound Organomercurials $8.06/pound 5. Miscellaneous Gases Pyrophoric, per each $693.60 Flammable, per each $153.00 Poison - Zone A, per each $693.60 Poison - other than Zone A, per each $459.00 Nonflammable, per each $153.00 6. Identification of unknowns, $25.50/each 7. Waste batteries, wet, filled with acid, $0.57/pound 8. Light bulbs/tubes, $1.12/pound 9. Waste compressor oil, $2.65/gallon Pricing shall be on a firm basis from the execution of this Agreement until August 31, 2009. If the agreement is renewed for any additional periods, Contractor may increase the above -listed prices by not more than 2% on September 15` for each one year renewal period. EXHIBIT "C" CITY OF LUBBOCK, TEXAS If. INSURANCE Resolution No. 2009—RO257 SECTION A. Prior to the approval of this contract by the City, the Vendor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Vendor. SECTION C. Subject to the Vendor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Vendor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Vendor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence with the following endorsements: AUTOMOTIVE LIABILITY Z Any Auto WORKERS COMPENSATION ® Statutory Amounts EMPLOYERS' LIABILITY AND/OR OCCUPATIONAL MEDICAL AND DISABILITY General Aggregate Products-Comp/Op AGG Personal It Adv. Injury Contractual Liability Combined Single Limit OTHER Environmental Liability ® City of Lubbock named as primary additional insured on Auto/General Liability ft Waiver of subrogation in favor of the City of Lubbock on all coverage's, except Workers' Compensation and Employers Liability Insurance: 1,000,000 X x X 1,000,000 500,000 4,000,000 Contractor shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Lease and shall comply with aII provision of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of workers' compensation insurance coverage by Contractor or any cancellation or non -renewal of workers' compensation insurance coverage for the Contractor shall be a material breach of this contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13`b Street, Room L04 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability.