HomeMy WebLinkAbout2017-129 TENTH AMENDMENT TO CONTRACT AGREEMENT
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT,
INDIAN RIVER COUNTY, FLORIDA
SOLID WASTE OPERATIONS AND MAINTENANCE
THIS TENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER
COUNTY SOLID WASTE DISPOSAL DISTRICT,INDIAN RIVER COUNTY,FLORIDA
SOLID WASTE OPERATIONS AND MAINTENANCE("Tenth Amendment") is entered into
as of the 12 day of September , 2017 by and between Indian River County Solid Waste
Disposal District, a dependent special district of Indian River County, Florida, whose address is
1801 27th Street, Vero Beach, Florida (hereinafter referred to as the "District" or "SWDD"), and
Republic Services of Florida,Limited Partnership,whose address is 3905 Oslo Road,Vero Beach,
Florida 32968 (the "Contractor").
RECITALS
WHEREAS,on January 1, 2011, SWDD and Contractor entered into that certain Contract
Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid
Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement,
dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the
Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to
Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated
November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the
Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eight Amendment to
Contract Agreement, dated December 15, 2016; and the Ninth Amendment and Extension to
Contract Agreement, dated February 21, 2017 (the "Contract") for the Contractor to operate and
maintain the SWDD landfill and customer convenience centers ("CCCs"); and
WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and
subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide
additional services in connection with the Indian River County Landfill and the customer
convenience centers not included above and as required by SWDD; and
WHEREAS,the Contractor and SWDD have mutually agreed to revise the Contract as set
forth herein.
NOW THEREFORE, in consideration of the mutual undertakings herein and other good
and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the parties
agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. The existing Article 1 — SCOPE OF WORK of the Contract is modified to include the
following:
Tenth Amendment to Contract Page 1 of 6
Landfill Gas Wells:
Republic Services shall through its subcontractor, SCS Field Services(SCS),proceed with
the attached proposal to Install Horizontal Landfill Gas Collectors in the amount of
$55,000. In addition, an As-Built Survey for this work shall be performed on a time and
materials basis not to exceed $5,000. Please note, the well abandonment task of the
proposal was previously approved and is not included in this authorization. The cost for
this work shall be included with the next monthly invoice after the work is completed.This
work shall be completed by September 30, 2017.
Hurricane Preparedness Plan:
Republic Services has provided a Hurricane Preparedness Plan for the 2017 Hurricane
Season and is included as an attachment to this amendment. This plan is intended to allow
for the seamless disposal of storm debris at the landfill and at the Customer Convenience
Centers with the least amount of effect on the residents of Indian River County. Upon
declaration of a state of emergency and as duly authorized by the County Administrator,
Republic Services shall provide and be compensated for additional services as outlined in
the plan.
3. Article 5 —GENERAL PROVISIONS of the Contract is modified to include Section P, Q,
R, S and T as follows:
P. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).
In compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5), Franchisee shall be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week.No laborer or mechanic must be required to work in surroundings
or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market,or contracts for transportation or transmission of intelligence.
Q. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended.
Franchisee shall comply with all applicable standards,orders or regulations issued pursuant
to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251-1387). Violations must be reported to SWDD and the
Regional Office of the Environmental Protection Agency(EPA).
R. Debarment and Suspension(Executive Orders 12549 and 12689)
Consistent with 2 CFR 180.220, Franchisee shall not be listed on the government-wide
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,
Tenth Amendment to Contract Page 2 of 6
p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
S. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)
Franchisee shall file the required certification per 31 U.S.C. 1352. Franchisee certifies that
it shall not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member
of Congress,officer or employee of Congress,or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31
U.S.C. 1352. Franchisee shall also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures shall be forwarded
from tier to tier up to the non-Federal award.
T. §200.322 Procurement of recovered materials.
To the extent applicable, Franchisee shall comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
4. Ratification. Except as specifically provided in this Tenth Amendment, all other
provisions of the Contract shall remain in full force and effect.
[signature page follows]
Tenth Amendment to Contract Page 3 of 6
IN \VITNI•;SS WHEREOF,the parties hase caused this I enth Amendmentto he<yeculed
I-)> their respect ise dull authori,ed officers as rrfthe day and vear fiat written ;ARA e.
Attest: (Oss ner) �r,�G0tv5MfSS/6"•.
.letIreR. Smith. Clerk ot Court and Solid Waste Disposal District ;O. & tb ';*
Comptroller ler i v.
P Indian Riser Counts, Florida .* ,, ,'; • •. t
Its: i i ;1;:1,
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jr.e'U i-• �At✓0 -' GQt n 1 •. off... t s,-ti 1/
Depots Clerk ,sehh I Iescher. Chairman •.'.'9'tigNE•l..--•"ck..0
Date Approsed b) SWDI): September 12, 2017
Appro 'd By: A pri sed as to rm •. g•. f(icienc, Bs:
Jason I l;ni» 1. ( ( imt� , r ministrator ).Ian I. Reingold. [sq.. Count. Attarnc�
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Signed se• ed,and delis ered in the presence Republic Sers ices of Florida, Limited Partnership
of: ("Contractor—)
Bs: Republic Serb ices.of Florida (:P. Inc.,
its(;elyeral Partner
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Print Name: ' ."{i':_7 C ( Ct a 41 _ print Nance: CLQ N,✓ F �hi /t, �, / i
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Hurricane Preparedness Plan
Indian River County Landfill and Customer Convenience Centers
Managed by Republic Services of Florida, Limited Partnership(Republic Services)
This hurricane preparedness operation plan for the operation of the Indian River County Landfill and
Customer Convenience Centers (CCCs) by Republic Services pursuant to that certain Contract Agreement
Indian River County Solid Waste Disposal District, Indian River County, Florida Solid Waste Operations
and Maintenance,as amended, is intended to allow for the seamless disposal of storm debris with the
least amount of effect on residents of Indian River County.
Once a named storm is tracked to the Central Coast of Florida in the proximity of Indian River County,
Republic Services will have all of the material at the CCCs emptied by hauling the waste to the Indian
River County Landfill. Republic Services will continue the operations of both the landfill and the CCCs
until a decision for closure is issued by Indian River County with the agreement of Republic Services. In
the event that Republic Services has made a good faith attempt to make contact with Indian River
County regarding closure, and is unable to do so and deems it unsafe to continue operation of the
landfill or/and CCCs,then Republic Services may discontinue services at the landfill and CCCs.
Republic Services will return to the landfill and the CCCs as soon as it is safe to do so after the storm.
Republic Services'first priority with respect to services provided to Indian River County will be to assess
and document damages at the landfill and the CCCs and to assist in reopening all of the facilities as soon
as possible.
There may be additional costs to Indian River County to operate the landfill and CCCs after the storm as
detailed below.
CCC Personnel Costs:
The personnel costs consist of the costs to bring employees in for hours in addition to usual and
customary hours. Further, if clean-up efforts require additional man-hours to perform proper operation
of the CCCs,this will require employees to work beyond usual and customary hours and will require
Republic Services to recoup the extra costs.The below amount covers the cost per man-hour to open for
additional days/times and/or the additional time required to effectively operate the CCC post-hurricane.
Cost for CCC laborer man-hour:$37.13/hour/man
CCC Operating Costs:
Republic Services will make commercially reasonable efforts to clean up all storm debris at the CCCs in a
timely manner. If Indian River County requests expedited clean up, Republic Services will hire third
party personnel and clam truck services to perform duties. All third party personnel and services will be
billed in addition to hauling and personnel costs. Cost for CCC operations post-hurricane:to be
determined by Republic Services
CCC Hauling Costs:
In order to segregate the tonnage of storm debris from normal waste at the CCCs, Republic Services will
submit the waste hauled to the Indian River County Landfill for the previous 6 months,which shall be
reconciled with Indian River County's calculation.These amounts will be adjusted for any seasonality
and agreed to by Indian River County.Any additional tonnage over the monthly average in the 2 months
following the storm that is hauled to the Indian River County Landfill from the CCCs, shall be considered
storm debris and shall be charged at the incremental rate stated below.
In order to convert the tonnage hauled to a yardage measurement,the appropriate conversion rate
shall be: 1 cubic yard= 300 lbs.
Cost for hauling additional tonnage from CCC to Indian River County Landfill:$8.15/cubic yard
In order to facilitate the inflow of additional storm debris material,the operation of the landfill will also
experience additional costs in order to effectively manage the material and comply with all state and
federal statutes.
Landfill Equipment Costs:
Republic Services will use commercially reasonable efforts to effectively and efficiently use all current
equipment to manage excessive storm debris. Renting equipment to provide incremental assistance
may be required, but not available in the aftermath of a hurricane. If equipment becomes available is
required, Indian River County shall reimburse Republic Services for such rental. Republic Services will
also attempt to mobilize equipment from other operating divisions.Any additional costs incurred for
this mobilization and usage will be reimbursed by Indian River County.
Cost for Landfill Equipment mobilization and usage:to be determined by Republic Services
Landfill Additional Costs:
In case of catastrophic damage,there may be additional costs to operate the Indian River County Landfill
that shall be reimbursed by Indian River County. Examples of such costs are: additional rock to shore up
access roads to allow traffic flow the landfill waste reception area; additional costs to pump excessive
leachate to not overwhelm the current system. In preparation for any catastrophic storm event,
Republic Services can accumulate rock and cover at the Indian River County Landfill. If Indian River
County elects to absorb costs for accumulation of rock and cover,the associated costs will be provided
to the County for approval prior to purchase and accumulation.
Landfill Additional Costs:to be determined by Republic Services
Republic Services will provide all documentation associated with the additional services to return the
landfill and the CCCs to normal operations. Such documentation will include time sheets,truck counts
including container sizes and any additional information reasonably requested by Indian River County to
verify the costs. Baseline information prior to the storm shall be provided with the documentation.
Environmental Consultants 1900 Northwest Corporate Blvd. 954-571-9200
and Contractors Suite W110 FAX 954-418-9800
Boca Raton, FL 33431 www.scsengineers.com
SCS FIELD SERVICES
August 23, 2017
Project No. 07214007.01
Brian Lewis
Landfill Operations Manager
Republic Services
1327 74th Ave SE
Vero Beach, FL 32968
Subject: Proposal to Install Horizontal Landfill Gas Collectors and Abandon Existing
Collectors in the Active Cell
Indian River Landfill,Vero Beach, Florida
Dear Mr. Lewis,
SCS Field Services(SCS)is pleased to provide this proposal to you for the subject work. SCS-FS is
prepared to order materials immediately upon receipt of approval. The budgetary estimate is outlined
below. All work will be performed and invoiced in accordance with our current purchase order
BPO05609391.
BACKGROUND
There are currently six horizontal and five vertical landfill gas(LFG) collectors located in the active
cell. Each of these LFG collection points are paired with a vacuum riser pipe. These collectors were
installed prior to waste being deposited in the active cell and are no longer effective LFG extraction
points due to liquid blocking the perforated sections of piping or crushing of well casings during
filling operations. The quantity and density of vertical piping from these collection points and
vacuum risers makes filling in these areas cumbersome and creates a potential for damage to the
GCCS. It is also not cost effective to continue raising these vertical pipes with each lift of waste
since they are no longer adequate LFG collectors and have no influence on collecting LFG from new
waste currently being placed.
SCS recommends abandoning the eleven collection points and corresponding vacuum risers and
replacing them with two new horizontal collectors which will run across the cell from North to
South. The new horizontal gas collectors will serve as replacement coverage for the wells which are
proposed for abandonment. Additional benefits will be a significant reduction in vertical pipe
penetrations along the landfill surface and LFG recovery from the new waste which has been
deposited since filling operations started in the new cell.
DESCRIPTION OF SERVICES
Task One: Installation of Horizontal Collectors
SCS will provide the labor, equipment, and materials to install two new horizontal collectors and
vacuum lateral piping along the western edge of the new cell (HC-1701N/HC-1701S). Each
horizontal collector will consist of approximately 350 feet of 6-inch HDPE SDR 11 perforated piping
and 75 feet of 6-inch HDPE SDR 11 solid piping based on distance from edge of waste to the center
of the cell(approx. located on what is currently HP-12). The trench will be bedded with approx. one
foot of 4-inch tire chips above and below sections of perforated pipe. Minimum trench depth will be
0
Brian Lewis
August 23, 2017
Page 2
3 feet at wellhead riser and maximum trench depth will be 16 feet at a 3 to 5 percent slope to allow
condensate to drain back into the waste. Solid lateral piping for both the collector and vacuum lines
will be bedded with 6- inches of compacted sand. The vacuum lateral for HC-1701N will tie into the
existing riser at HP-14 and the vacuum lateral for HC-1701S will tie into the existing riser at EW-6.
SCS-FS will install new 2-inch Landtec wellheads, flex hose and rubber couplings to connect the
horizontal collectors to the vacuum laterals. All trench spoils will be backfilled into the trench or
deposited on the active working face.
Task Two: Abandonment of Existing Vertical and Horizontal
Collectors
SCS-FS will provide labor, equipment and materials to abandon the following vertical and horizontal
collectors in the active cell:
EW-6, EW-7, EW-8, A-2, A-3, HP-9, HP-10, HP-11, HP-12,HP-13, HP-14
All PVC wells will be capped with schedule 80 PVC caps using PVC cement and all HDPE lines will
be capped with HDPE caps using butt or electrofusion equipment(this includes gas well, vacuum
line and air or force main piping as applicable at each location). The vacuum lateral riser at well
EW-6 and collector HP-14 will be left as vacuum risers and capped with flange adapters and blind
flanges.
Task Three: As Built Survey
If requested, SCS-FS will provide a surveyor to collect an As-built survey of the new horizontal
collectors and vacuum lateral piping. This work will be performed on a time and materials basis
using our current MSA rates and standard mark-ups.
COMPENSATION
Task One—SCS will provide the services described in Task One for a lump sum fee of$55,000.
Task Two—SCS will provide the services described in Task Two for a lump sum fee of$14,500.
Task Three—Time and Materials.
Total Lump Sum Cost—Two (2)Tasks combined is a lump sum fee of$69,500.
Thank you for the opportunity to prepare this proposal; we welcome the chance to provide our
services to Republic Services. Please contact Brian Basconi at(401)486-4897 if you have questions
or need more information.
Sincerely,
Brian Basconi Gregory E. Hansen
Project Manager Project Manager
SCS FIELD SERVICES SCS FIELD SERVICES