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HomeMy WebLinkAboutContract 58903-A1CSC No. 58903-Al FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 58903 First Amendment to Fort Worth City Secretary Contract No. 58903 ("The Agreement") is made between the City of Fort Worth ("City"), a municipal corporation and Allied Waste Services of Fort Worth, LLC BDA Republic Services ("Vendor"), a Domestic Limited Liability Company. WHEREAS, City and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 58903 beginning February 20, 2023 (the "Agreement"); WHEREAS, it is the collective desire of both City and Vendor to amend the Agreement to increase compensation from $2,304,169.00 to $2,404,169.00 for additional services for City of Fort Worth Police and Library Services; NOW THEREFORE City and Vendor do hereby agree to the following: I. AMENDMENT TO AGREEMENT The Agreement is hereby amended by deleting Section 3, "Compensation," of the Agreement in its entirety and replacing it with the following: City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed TWO -MILLION FOUR -HUNDRED FOUR THOUSAND ONE - HUNDRED SIXTY-NINE DOLLARS ($2,404,169.00) for the first year. Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. [SIGNATURE PAGE FOLLOWS] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 58903 Page 1 of 2 ACCEPTED AND AGREED: CITY OF FORT WORTH By: Name: Fernando Costa Title: Assistant City Manager Date: Dec 13, 2023 APPROVAL RECOMMENDED: BY: Robert Allen A dredge Jr. (Dec 13, 2023 14:02 CST) Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief ATTEST: Leo a Ora 1. �e pab T°�E°X6p°54v By: Name: Jannette Goodall Title: City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. CG����ltian tta�,�e� BY: Christian Harper (Dec 12, 2023 16:22 CST) Name: Christian Harper Title: Contract Services Admin APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0104 Date Approved: 02-14-2023 Form 1295 Certification No.: N/A ALLIED WASTE SERVICES OF FORT WORTH, LLC DBA REPUBLIC SERVICES 0610d Harwell By: David Harwell (Dec 12, 202315:51 CST) Name: David Harwell Dec 12, 2023 Title: General Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 58903 Page 2 of 2 M&C Review Page 1 of 3 Official site of the City of Fort Worth, Texas A CITY COUNCIL AGEND FORTWORTH Create New From This M&C REFERENCE **M&C 23- 13PRFP 22-0205 WASTE DATE: 2/14/2023 NO.: 0104 LOG NAME: DISPOSAL FOR CITY FACILITIES AR PE CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Services Agreement with Allied Waste Services of Fort Worth, LLC dba Republic Services for Waste Disposal Services for City Facilities in an Annual Amount Up to $2,304,169.00 for the Initial Term and Authorize Four One -Year Renewal Options for an Amount of $2,419,377.00 for the First Renewal, $2,540,346.00 for the Second Renewal, $2,667,363.00 for the Third Renewal and $2,800,731.00 for the Fourth Renewal for City Departments RECOMMENDATION: It is recommended that the City Council authorize services agreement with Allied Waste Services of Fort Worth, LLC dba Republic Services for waste disposal services for City facilities in an annual amount up to $2,304,169.00 for the initial term and authorize four one-year renewal options for an amount of $2,419,377.00 for the first renewal, $2,540,346.00 for the second renewal, $2,667,363.00 for the third renewal and $2,800,731.00 for the fourth renewal for City Departments. DISCUSSION: The Aviation, Code Compliance, Fire, Information Technology, Neighborhood Services, Park and Recreation, Police, Property Management, Public Events, and Water Departments approached the Purchasing Division to procure an annual agreement for waste disposal services. The City of Fort Worth (City) will utilize this agreement to furnish equipment, materials, labor and personnel for container provision, refuse and garbage removal and disposal for City facilities. Services also will consist of single stream recycling removal and processing services from City facilities as called for and directed by the City. In order to procure these services, Purchasing staff issued Request for Proposal (RFP) No. 22-0205. The RFP consisted of detailed specifications describing the vendor responsibilities, repair requirements, and equipment requirements in order to perform the services. The RFP was advertised in the Fort Worth Star -Telegram on August 25, 2022, August 31, 2022, September 7, 2022, September 14, 2022 and September 21, 2022. Two responses were received. An evaluation panel consisting of representatives from the Park and Recreation, Water, and Property Management Departments evaluated and scored the responses using Best Value criteria. After the initial evaluation of the responses and award recommendation was made by the panel, it was discovered by the City that there was a pricing discrepancy. Specifically, the City discovered that a difference in pricing format caused the City to misunderstand the actual price bid by the respondents. Due to this discrepancy and its potential impact on bid evaluation, the City requested Best and Final Offers (BAFO) from the respondents. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Bidders Evaluation Factors II a II b II c II d Ile 1� Total score Waste Management of Texas, Inc. 1112.6711 14.00117.33116.3311 20.081160.41 http://apps.cfwnet.org/council_packet/mc review.asp?ID=30730&councildate=2/14/2023 12/12/2023 M&C Review Page 2 of 3 (Allied Waste Services of Fort Worth, LLC dba Republic Services Best Value criteria: A) Qualifications and Experience B) Approach to perform services C) Ability to Meet the City's Needs D) Litigation History E) Cost of service 11.33II10.00 II5.67II6.33II 40.001173.33 After evaluation of the BAFO, the panel concluded that Allied Waste Services of Fort Worth, LLC dba Republic Services presents both the best value and the necessary coverage for the City. Therefore, the panel recommends that Council authorize agreement with Allied Waste Services of Fort Worth, LLC dba Republic Services. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor's bid meets specifications. It is recommended that each annual award amount include a 5\% increase in cost per year. FUNDING: The maximum amount allowed under this agreement Citywide will be $2,304,169.00, however, the actual amount used will be based on the need of the department and the available budget. BUSINESS EQUITY: Allied Waste Services of Fort Worth, LLC dba Republic Services is in compliance with the City's Business Equity Ordinance by committing to 14\% Business Equity participation on this project. The City's Business Equity goal on this project is 14\%. AGREEMENT TERMS: Upon City Council approval, the agreement will begin upon execution and will end one year from that date. RENEWAL OPTIONS: This agreement may be renewed for up to four (4) one-year terms at the City's option. This action does 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. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. EXEMPT PROCUREMENT: The City Attorney's Office has determined that solid waste services are exempt from competitive bidding under the provisions of Chapter 252 of the Texas Local Government Code as necessary to preserve or protect the public health or safety of the municipality's residents. Nevertheless, the City chose to voluntarily procure this agreement through the competitive process, as allowed, to ensure the City receives a fair and equitable contract. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departments' Operating Funds to support the approval of the above recommendation and award of the purchase agrement. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQN\\ TO Fund 1 Department Account Project Program Activity Budget Reference # ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # ID ID Year (Chartfield 2) Amount Amount http://apps.cfwnet.org/council_packet/mc review.asp?ID=30730&councildate=2/14/2023 12/12/2023 M&C Review Page 3 of 3 Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Reginald Zeno (8517) William Johnson (5806) Reginald Zeno (8517) Michael Crum (2501) Anthony Rousseau (8338) A'ja Robertson (8585) ATTACHMENTS Aviation FID.xlsx (CFW Internal) Code FID.xlsx (CFW Internal) Fire FID.xlsx (CFW Internal) Form 1295 Certificate 100999062 (3)1.1:)df (CFW Internal) IT FID.xlsx (CFW Internal) NSD FID.xlsx (CFW Internal) PARD FID.xlsx (CFW Internal) PMD FID.xlsx (CFW Internal) Police FID.xlsx (CFW Internal) Public Events FID.xlsx (CFW Internal) Republic Services Comi)Memo 22-0205 1.12.23 GV.pdf RepublicSAMs.pdf (CFW Internal) Water FID.xlsx (CFW Internal) (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30730&councildate=2/14/2023 12/12/2023