HomeMy WebLinkAboutContract 31838-A1 STATE OF TEXAS § CITY SECRETARY
§ CONTRACT NO.
COUNTIES OF TARRANT, §
DENTON, PARKER AND WISE §
FIRST EXTENSION AND AMENDMENT TO CITY SECRETARY
CONTRACT NO. 31838 WITH ALLIED WASTE SYSTEMS, INC., DBA TRINITY
WASTE SERVICES FOR TRANSPORTATION SERVICES FROM CITY
CONVENIENCE CENTERS AND SPECIAL EVENTS
THIS Contract is entered into by and between the City of Fort Worth ("City "), a home-rule
municipality in the State of Texas,acting through Charles Daniels,its duly authorized Assistant City
Manager,and Allied Waste Services of Forth Worth,LLC("Contractor" as successor-in-interest to
Allied Waste Systems,Inc.,dba Trinity Waste Services,by and through U rdZbh 6ii ,its
duly authorized Ayu-Py6dajr
WHEREAS,the City and Contractor,entered into that certain agreement identified as City Secretary
Contract No. 31838 for a term beginning May 16, 2005 and ending March 31, 2013; and
WHEREAS, such Contract provided for three(3)consecutive(10)year renewal options,provided
all other conditions remained the same as detailed in the Contract; and
WHEREAS,on January 29,2013,the City Council approved the First Extension and Amendment of
the Contract with a five (5) year term by M&C C-26065; and
WHEREAS, both parties agree to extend and amend the Contract for a term of five (5) years as
provided herein.
NOW,THEREFORE,for and in consideration of the mutual covenants contained herein,and other
good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged and
confessed, the parties hereto agree as follows:
I. Section 1: Definitions the following definitions shall be amended to read and be as follows:
Contract Year for the purposes of calculating the Cost Adjustment Method to the
Contract, Contract Year shall mean October through September of each year, this will
include the first Contract Year to this First Extension and Amendment which shall be
October 1, 2012 through September 30, 2013.
Director shall mean that person whom the City has designated to be responsible for
administrating the City's Solid Waste services.
Southeast Landfill shall mean the City-owned landfill accepting municipal Solid Waste,
located at 6288 Salt Road, Fort Worth, Texas.
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RECEIVED APR 17 2013
II. Section 4: Term of the Contract shall be amended to read as follows:
The term of this Contract shall begin on April 1, 2013 and shall end on March 31, 2018,
unless otherwise terminated as provided in the Contract. City shall have the right to extend
the Contract for up to two (2) consecutive five (5) year renewal terms, provided City and
Contractor agree to extend this Contract in writing at least thirty(30)Days prior to the end of
the initial term or the then current renewal term; such agreement shall be in writing and all
terms and conditions shall remain the same unless otherwise amended.
III. Performance Bond.
No later than ten (10) days from the date of execution of this First Extension and
Amendment, Contractor shall deliver to the City a good and sufficient Performance Bond in
a form furnished by the City to secure the faithful performance of the terms and conditions
herein. Such Performance Bond shall be in the amount of one hundred percent(100%)of the
proposed cost of services as proposed by the Contractor in the first six (6) months this
Contract is in effect,and shall be renewed each year throughout the term of the Contract and
any renewal periods in such amounts as the City shall require,but not less than the estimated
cost of services for the following six (6) months during which the services are to be
performed taking into consideration Contractor's adjusted prices in effect.The Performance
Bond shall be signed by the President or General Officer of the Contractor,together with the
signature of the corporate secretary and the corporate seal. The surety shall be a surety
company duly authorized to do business in the State of Texas, and acceptable to the City
Council of the City of Fort Worth.
In lieu of the Performance Bond, Contractor may submit an irrevocable, direct pay Letter of
Credit,issued by a local banking institution,in the amount listed above,made out in favor of
the City in relation with the services provided hereunder.
All performance security, whether Performance Bond or Letter of Credit, must be in form
and content acceptable to the City Attorney and annual documentation is required in the form
of written certification from the surety company or banking institution that the said
Performance Bond or Letter of Credit remains in effect each year of the Contract.In the event
that the Performance Bond or Letter of Credit will cease to be in effect,the surety company
or banking institution and Contractor shall notify the City at least thirty(30)Days in advance
of lapse, and Contractor shall make, execute and deliver to the City a good and sufficient
Performance Bond as described above and in the amount named above no less than ten(10)
Days in advance of lapse of coverage.
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IV. Insurance.
Section 19 of the Contract shall be amended as follows:
(a) The last sentence of subsection B is hereby amended to read: Contractor shall also
provide Excess Commercial General Liability insurance in the amount of Five Million Dollars
($5,000,000.00).
(b) The words"on Endorsement TE 9901 or equivalent,as its interests may appear"
in the last sentence of subsection C are hereby deleted.
(c) The words"limited in scope or coverage or non-renewed"are hereby deleted from
item number 4 below subsection D.
(d) Item number 6 below subsection D relating to deductibles or self-insured
retentions is hereby deleted in its entirety.
V. Successors.
City hereby acknowledges that Allied Waste Services of Fort Worth, LLC is the successor-
in-interest to Allied Waste Systems,Inc.d/b/a Trinity Waste Services and hereby consents to
the substitution of Allied Waste Services of Forth Worth, LLC in place of all references to
Allied Waste Systems, Inc. d/b/a Trinity Waste Services in the Contract. .
VI. Other Terms and Conditions.
All other terms and conditions of City Secretary Contract No. 31838 remain in full force and
effect.
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Signature Page to Transportation Services Contract
Executed this day of 2013.
CITY OF FORT WORTH ALLIED WASTE SERVICES OF FORT
WORTH, LLC
BY
es Daniels Ke Cordesman
Assistant City Manager o,., ,a President
a4�F �o0
ATTEST: _ _� �,�°�°p°°OpOao°pVITNESS:
moo o�1
�0
Mary K o°* �
City Sec ary °�°�
h
APPROVED AS TO FORM CORPORATE SEAL:
AND LEGALITY:
hrista Lopez-Re olds
Senior Assistant City Attorney
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City of Fort Worth, Texas
Mayor and Council Communication
Approu®44 on 1/29/2013
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, January 15, 2013 REFERENCE NO.: C-26065
LOG NAME: 23ALLIED WASTE DOS HAULING 5 YR EXTENSION
SUBJECT:
Conduct a Public Hearing and Authorize Execution of the First Extension and Amendment to City Secretary
Contract No. 31838 with Allied Waste Systems, Inc., D/B/A Trinity Waste Services, for Transportation
Services from City Convenience Centers and Special Events (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on City Secretary Contract No. 31838 with Allied Waste Systems, Inc. d/b/a
Trinity Waste Services, for Transportation Services from City Convenience Centers and Special Events;
and
2. Authorize the execution of the First Contract Extension and Amendment to the Contract with Allied
Waste Systems, Inc. d/b/a Trinity Waste Services, for a term to begin on April 1, 2013 and expire on
March 31, 2018 with two five-year renewal options.
DISCUSSION:
On November 5, 2002, the City Council authorized City Secretary Contract No. 31838 with Allied Waste
Systems, Inc. d/b/a Trinity Waste Services, for transportation of roll-off containers of waste and roll-off
containers of recyclables from the City's Drop-Off Stations to disposal and processing facilities,
respectively, and for transportation of waste and/or recyclables generated and placed in open top
containers at special events in the City. The initial contract was for a 10 year term with three 10-year
renewal options. The only amendment to the terms of this contract shall be to change the term of this first
extension to five years.
The estimated cost for the first year of this contract term is $406,725.00. The estimated value of this
contract over the five year term is $2,247,412.00.
AGREEMENT TERM — Upon City Council's approval, the contract extension will begin April 1, 2013 and
expire March 31, 2018.
M/WBE -Allied Waste Systems, Inc. d/b/a Trinity Waste Services, agrees to maintain its initial M/WBE
commitment of 25 percent that it made on the original Agreement and extend and maintain the same
M/WBE commitment of 25 percent to all prior amendments up to and inclusive of this
Amendment. Therefore, Allied Waste Systems, Inc. d/b/a Trinity Waste Services, remains in compliance
with the City's M/WBE Ordinance and attests its commitment by its signature on the Acceptance of
Previous M/WBE Commitment form executed by an authorized representative of its company.
Logname: 23ALLIED WASTE DOS HAULING 5 YR EXTENSION Pagel of 2
RENEWAL OPTIONS -This contract may be renewed for up to two successive five-gear terms at the
City's option. This action will not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term and no other terms or
conditions to the contract change.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Solid Waste Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
2) PE64 539120 0239905 $406,725.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Kim A. Mote (5153)
ATTACHMENTS
1. PE64-539120-0239905.docx (CFW Internal)
Logname: 23ALLIED WASTE DOS HAULING 5 YR EXTENSION Page 2 of 2