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Home My WebLink AboutResolution - 2009-R0310 - Contract - PSC/ Chemical Reclamation Services LLC - 08/13/2009Resolution No. 2009—RO310 August 13, 2009 Item No. 5.14 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, Contract No. 9098 for household hazardous waste disposal pursuant to Bid 09 -052 -FO, by and between the City of Lubbock and PSC d/b/a Chemical Reclamation Services, LLC of Avalon, 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 13th ATTEST: -J�') , I,,,- -f��c Rebec a Garza, City Secretary APPROVED AS TO CONTENT: i James Loo nis, Assisift CiMy Manager Transportation and Public Works APPROVEWkS Ty FORM: —64�Z-A-� Chad Weaver, Assistant City Attorney day of August '2009. ,., , V,49e�- TOM MARTIN, MAYOR vw/ccdocs/Chad/Resolutions/RES.Contract-PSC dba Chemical Reclamation Service, LLC July 27, 2009 ITB #09 -452 -FO, Addendum #2 CITY OF LUBBOCK Resolution No. 2009—RO310 CONTRACT FOR SERVICES For Household Hazardous Waste Disposal -Annual Pricing ITB #09 -052 -FO Contract 9098 THIS CONTRACT, made and entered into this 13th day of Aug -2009 by and between the City of Lubbock ("City"), and PSC d/b/a Chemical Reclamation Services, LLC ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Household Hazardous Waste Disposal - Annual Pricing and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the service of the said Household Hazardous Waste Disposal. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will provide to the City the Household Hazardous Waste Disposal specifically referred to as Item(s) No. 1 through 60 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a term of one year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12 -months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 3. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. Contractor shall at all times be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 5. The Contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: 09-052-FOAddend2.doc rrB #09 -052 -FO, Addendum 92 INSURANCE COVERAGE REQUIRED 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 Contractor. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor'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): TYPE AMOUNT Worker's Compensation: The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by Contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract." The Contractor may maintain Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CFFY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Commercial General Liability Per Occurrence: $500,000 General Aggregate Automotive Liability Any Auto: $200,000 Combined Single Limit 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. The Contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The Contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 6. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 094052-FOAddend1doc ITB #09 -052 -FO, Addendum #2 7. This Contract consists of the following documents set forth herein; Invitation to Bid #09 -052 -FO, General Conditions, Affidavit of Compliance with Local, State, and Federal Regulations of a Regulated Substance, Specifications, and the Bid Foran. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK Tom artin, Mayor ATTEST: RebeAa Garza Cit > y Secretary APPROVED AS TO CONTENT: Representative Address 5151 San Felipe, Suite 1600, Houston, TX 77056 f James Loo s, Transpog.t-iol6ind Public orks Assistant City Manager 7tez"---L4� FORM: Assistant City Attorney 09-052-FOAddend2.doc ITB #09 -052 -FO, Addendum #2 Resolution No. 2009—RO310 REVISED BID FORM Household Hazardous Waste Disposal -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #09 -052 -FO In compliance with the Invitation to Bid #09 -052 -FO, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #09 -052 -FO is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM DESCRIPTION QTY UIM UNIT COST* EXTENDED COST a (More or C. d e. =bxd Less) $. 1 FUEL BLEND: Standard 55 -Gallon Drum: Liquid (per drum) 4 QTLY $92.00 $368.00 '2 FUEL, BLEND: Standard 55 -Gallon Drum: Solid (per drum) 4 QTLY $152.00 $608.00 3 INCINERATION: Standard 55- Gallon Drum: Liquid (per drum) 4 QTLY $160.00 $640.00 4' INCINERATION: Standard 55- Gallon Drum: Solid (per drum) 4 QTLY $200.00 $800A0 TREATMENT (Acid or Base): 5. Standard 55 -Gallon Drum: Bulk 4 QTLY $150.00 $600.00 (per drum). HAZARDOUS WASTE 6. LANDFILL: Standard 55 -Gallon 4 QTLY $125.00 $500.00 Drum: Bulk (per drum) HAZARDOUS WASTE 7 LANDFILL: Standard 55 -Gallon Drum: Lab Pack/loose pack (per 4 QTLY $125.00 $500.00 drum) $ FUEL BLEND LAB PACK: 30- Gallon Drum: Liquid (per drum) 4 QTLY $100.00 $400.00 9. FUEL BLEND LAB PACK. 30- Gallon Drum: Solid (per drum) 4 QTLY $100.00 $400.00 10 FUEL BLEND LAB PACK: 55- Gallon Drum: Liquid (per drum) 4 QTLY $135.00 $540.00 11. INCINERATION: 30 -gallon Drum: Liquid (per drum) 4 QTLY $120.00 $480.00 12 INCINERATION: 30 -gallon Drum: Solid (per drum) 4 QTLY $180.00 $720.00 INCINERATION Toxic, Organic): 13. 15 --Gallon Drum: Liquid (per 4 QTLY $125.00 $500.00 drum) 09-052-FOAddend2.doc CTB #09 -052 -FO, Addendum #2 ITE NI DESCRIPTION QTY U/M UNIT COST* EXTENDED COST a. (More or C. d e. - b x d Less) b. 14 INCINERATION (Toxic, Organic): 15 -Gallon Drum: Solid (per drum) 4 QTLY $125.00 $500.00 15 TREATMENT (Acid or Base): 30- Gallon Drum: Liquid (per drum) 4 QTLY $120.00 $480.00 16. TREATMEN T (Acid or Base): 30- Gallon Drum: Solid (per drum) 4 QTLY $120.00 $480.00 HAZARDOUS WASTE 17. LANDFILL: 30 -Gallon Drum: 4 QTLY $95.00 $380.00 Liquid (per drum) HAZARDOUS WASTE 18. LANDFILL: 30 -Gallon Drum: 4 Q"1 LY $90.00 $360.00 Solid (per drum) 19 FUEL BLEND LAB PACK: 5 - Gallon Drum: Liquid (per drum) 4 QTLY $40.00 $160.00 20 FUEL BLEND LAB PACK: 5 - Gallon Drum: Solid (per drum) 4 QTLY $40.00 $160.00 21 INCINERATION LAB PACK: 5 - Gallon Drum: Liquid (per drum) 4 QTLY $50.00 $200.00 22 INCINERATION LAB PACK: 5 - Gallon Drum: Solid (per drum) 4 QTLY $50.00 $200.00 23 INCINERATION: 5 -gallon Drum: Liquid (per drum) 4 QTLY $50.00 $200.00 24. INCINERATION: 5 -gallon Drum: Solid (per drum) 4 QTLY $50.00 $200.00 25 TREATMENT (Acid or Base): 5 - Gallon Drum: Liquid (per drum) 4 QTLY $50.00 $200.00 26 TREATMENT (Acid or Base): 5 - Gallon Drum: Solid (per drum) 4 QTLY $50.(1f} $200.00 TREATMENT LAB PACK (Acid 27. or Base) : 5 -Gallon Drum: Liquid 4 QTLY $50.00 $200.00 (per drum) TREATMENT LAB PACK (Acid 28. or Base) : 5 -Gallon Drum: Solid 4 QTLY $50.00 $200.00 (per drum) HAZARDOUS WASTE 29. LANDFILL: 5 -Gallon Drum: 4 QTLY $40.00 $160.00 Liquid (per drum) HAZARDOUS WASTE 30. LANDFILL: 5 -Gallon Drum: Solid 4 QTLY $40.00 $160.00 (per drum) 09-052-FOAddend2.doc ITB #09 -052 -FO, Addendum #2 ITEM DESCRIPTION QTY UIM UNIT COST* EXTENDED COST a. (More or C. d e. = b x d Less) b. HAZARDOUS WASTE 31. LANDFILL LAB PACK: 5 -Gallon 4 QTLY $40.00 $160.00 Drum: Liquid (per drum) HAZARDOUS WASTE 32. LANDFILL LAB PACK: 5 -Gallon 4 QTLY 540.00 $160.00 Drum: Solid (per drum) 3" NON -HAZARDOUS MISC. SOLIDS 30 -Gallon Drum 2TLY Q $40.00 $160.00 33a. NON -HAZARDOUS MISC. SOLIDS 55 -Gallon Drum 2 QTLY $80.00 $160.00 34 NON -HAZARDOUS MISC. LIQUIDS 5 Gallon Drum 2 QTLY $40.00 $80.00 34a. NON -HAZARDOUS MISC. LIQUIDS 55 Gallon Drum 2 QTLY $125.00 $250.00 35. FLAMMABLE SOLIDS LAB PACK: 15 -Gallon Drum 2 QTLY Q $80.00 $160.00 36 FLAMMABLE LIQUDS LAB PACK: 15 -Gallon Drum 2 QTLY $80.00 $160.00 37. FLAMMABLE AEROSOLS Gallon Drum 15- 2 QTLY $100.00 $200.00 38. NON-FLAMMABLE AEROSOLS 15 Gallon Drum 2 QTLY $100.00 $200.00 39 CYLINDERS (Propane, Refrigerant Gases) Small Cylinders 2 QTLY $5.00 $10.00 40. CYLINDERS (Propane, Refrigerant Gases) Medium Cylinders 2 QTLY S 10.00 $20.00 41. CYLINDERS (Propane, Refrigerant 2 QTLY S12.00 $ 4.Ofl Gases) Large Cylinders 42 PAINT RELATED MATERIALS (per gallon) 2 QTLY $2.75 $5.50 42a. PAINT RELATED MATERIALS (per Cubic Yard Box) 2 QTLY $275.00 $550.00 43. PESTICIDE SOLID (Toxic) 55- Gallon Drum 1 QTLY $200.00 $200.00 43a PESTICIDE SOLID (Toxic) 15- Gallon Drum l QTLY $125.00 $125.00 09-052-FOAddend2.doc ITB #09 -152 -FO, Addendum #2 ITEM DESCRIPTION QTY U I UNIT COST* EXTENDED COST a. (More or C. d e. = b x d Less) b. 43b. PESTICIDE SOLID (Toxic) 30 - Gallon Drum I QTLY $180.00 $180.00 44 PESTICIDE LIQUID (Toxic) 55- Gallon Drum 1 QTLY $200.00 $200.00 44a. PESTICIDE LIQUID (Toxic) 15 - Gallon Drum I QTLY $125.00 $125.00 44b. PESTICIDE LIQUID (Toxic) 30 - 1 QTLY $180.00 $180.00 Gallon Drum 45 LAMP BOXES Fluorescent Lamps: 4 QTLY $0.21 $0.84 (Per Linear Foot) 46. METALLIC MERCURY Cost per 5 LB $4.00 $20.00 Pound 47 55 -GALLON DRUM (per 1 EA $41.00 $41.00 each)POLY 48. 30- GALLON DRUM (per each)POLY I 1 EA $31.00 $341.00 44. 15- GALLON DRUM (per 1 EA $22.00 $22.00 each)POLY 50. 5- GALLON DRUM (per each) 1 EA $7.00 $7.00 51. CUBIC YARD BOXES - DOT 1 EA $38.00 $38.00 52 15 -GALLON POLY OPEN TOP 1 EA $22.00 $22.00 DRUMS 53. 15 -GALLON POLY CLOSED TOP 1 EA $18.00 $18.00 DRUMS 54 20 -GALLON FIBER OPEN TOP I EA $30.00 $30.00 DRUMS 55. 55 -GALLON STEEL OPEN TOP 1 EA $28.00 $28.00 DRUMS 56. NICKEL -CADMIUM BATTERIES: 15- Gallon Drum 1 EA $150.00 $150.00 56a. NICKEL -CADMIUM BATTERIES: 5- Galion Drum ] EA $100.00 $100.00 56b. NICKEL -CADMIUM BATTERIES: 30 Gallon Drum 1 EA $200.00 $200.00 STAFF COSTS: PROJECT 57. SUPERVISOR/ MANAGER (PER 2 HR $45.00 $40.00 HOUR) 09-052-FOAddend2.doc ITB #09 -052 -FO, Addendum #2 ITEM DESCRIPTION QTY U/M UNIT COST* EXTENDED COST a. (More or C. d e. = b x d Less) b. 58 STAFF COSTS: FIELD CHEMIST 1 HR $45.00 $45.00 (PER HOUR) 59. STAFF COST: ENVIROMENTAL 6 HR $40.00 $240.00 TECHNICIAN (PER HOUR) 60. QUARTERLYCLEANOUT MOBILOverall 4 QTLY $400.00 $1,600.00 Total *PRICE: F.O.B. Destinations, Freight Pre -Paid and Allowed. Bid to be awarded on an all -or -none basis for any item or aroug of items shown on the Bid Form. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0%, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES X NO If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. 09-052-FOAddend2.doc ITB #09 -052 -FO, Addendum #2 THIS BID IS SUBMITTED BY PSC Environmental Services, LLC (dba Chemical Reclamation Services, LLC) a cer-pe€atiion Limited Liability Company organized under the laws of the State of Delaware , or a partnership consisting of of the City of or an individual trading as Firm: PSC Environmental Services, LLC (dba Chemical Reclamation Services, LLC) _ Address:405 Powell Street City:Avalon State:Tcxas Zip 76623 MIWBE Woman Black American Native American Firm: Hispanic American Asian Pacific Other (Specify) American Date: Aut orrzed Representative - must sign by hand O icer Name and Title: Jason Box, Director, Strategic Marketing & Proposal Management Please Print Business Telephone Number 713-985-5333 FAX: 713-985-5444 LABEL TAE OUTSIDE OF YOUR SEALED BID WITH TKE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 09.052-FOAddendldoc