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HomeMy WebLinkAboutContract 39934-A3• STATE OF TEXAS COUNTY OF TARRANT CITY SECRETARY ,z q ~~/-A 2 CONTRACT NO .......... J.'---"1-------- § § § KNOWN ALL BY THESE PRESENTS: THIRD AMENDMENT TO CITY SECRET ARY CONTRACT NO. 39934 THIS THIRD AMENDMENT to City Secretary Contract No. 39934 is entered into by and between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and Heritage Environmental Services , LLC ("Contractor"), acting through its member Heritage Environmental Services, Inc . by James Fehsenfeld, its duly authorized Director. WHEREAS , the City and Heritage Environmental Services, LLC have entered into that certain agreement identified as City Secretary Contract No. 39934 (also the "Contract") commencing on February 2 , 2010 for services involving transportation, disposal and recycling of aggregated Household Hazardous Waste as authorized by Mayor and Council Communication C-24061 ; and WHEREAS , Mayor and Council Communication C-24061 provides for an initial term of one year and provides for the extension of the term of the agreement for up to three additional periods of one year each; and WHEREAS , municipal contracts for services are exempt from the provisions of Chapter 252 of the Texas Local Government Code under the General Exemption provided for procurements necessary to preserve or protect the public health or safety of a municipality 's residents ; and WHEREAS, City Secretary Contract No. 39934 was extended by amendment for an additional one-year term, from February 3, 2011 through February 3, 2012 in City Secretary Contract No. 39934-Al; and WHEREAS, City Secretary Contract No. 39934 was extended by amendment for a second additional one-year term, from February 3, 2012 through February 3, 2013 in City Secretary Contract No . 39934-A2; and WHEREAS, the parties wish to extend the term of the initial contract for an additional year and sufficient funds have been appropriated; and WHEREAS , the parties agree that all other conditions , terms , and pricing shall remain the same as stated in City Secretary Contract No. 39934; Third amendment to Contract #39934 Heritage Environmental Services, LLC P F r. F IV E D MAR 1 4 ZOU ;- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX I Page 1 of 3 • 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: l. Extended term of contract: City Secretary Contract number 39934 is extended to include the term beginning on February 3, 2013 and ending on February 3, 2014. 2. Compensation Not to Exceed Amount: Compensation shall not exceed four hundred four thousand, five hundred dollars ($404 ,500.00) for the term of this amendment , billable according to the fee schedule in City Secretary Contract number 39934 and subject to all other terms and conditions as stated in City Secretary Contract number 39934. 3. Miscellaneous: All other definitions, terms , and conditions of City Secretary Contract number 39934 shall remain unchanged except as expressly set forth herein . The Remainder of This Page is Intentionally Left Blank Third amendment to Contract #39934 Heritage Environmental Services, LLC Page 2 of 3 SIGNATURE PAGE FOR THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 39934 IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH BY DJ LJ . W~p, Fernando Costa Assistant City Manager Date: M o..r J.-. I Z 2.o I 3 APPROVED AS TO FORM AND LEGALITY: t~h f'L___. Arthur N. Bashor Assistant City Attorney :an F I CONTRACTOR Heritage Environmental Services , LLC Through Member Heritage Environmental Services, Inc . BY ~,J_j. Jam ~ld Director I 0 Heritage Environmental Services, Inc. WITNESS : CORPORA TE SEAL: .:: Date Third amendment to Contract #39934 Heritage Environmental Services, LLC OFFICIAL RECORD CITY SECRETARY P, ge 3of 3 FT, WORTH, TX .... ..,. ~M&<S Rev iew Page 1 of 2 Official site of the City of Fort Worth, Texas ~ CITY COUNCIL AGENDA FORT,\'oRT H ~ DATE: CODE: COUNCIL ACTION: Approved on 2/2/2010 2121201 O REFERENCE NO.: C TYPE: 52HOUSEHOLD HAZARDOUS **C-24061 LOG NAME: WASTE-HERITAGE ENVIRONMENTAL SERVICES PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of Contract in the Amount of $404,500.00 with Heritage Environmental Services, LLC for Transportation, Disposal and Recycling of Household Hazardous Wastes RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract at a cost not to exceed $404,500.00 with Heritage Environmental Services, LLC, for the transportation, disposal and recycling of household hazardous wastes for a term of one-year with the option to renew for three additional terms of one-year each . DISCUSSION: The Environmental Collection Center provides area citizens a convenient place to dispose of household hazardous waste . The Environmental Management Department operates the center and packages the waste received for disposal. In order to comply with state and federal guidelines regarding the transportation and disposal of hazardous materials, the services of a licensed hazardous waste disposal contractor are required. A Request for Proposals (RFP) for transportation, disposal and recycling of household hazardous waste collected at the Environmental Collection Center was posted on November 6, 2009 and advertised in the Fort Worth Star-Telegram on November 10 and 16, 2009. Responses were submitted by the following ten firms on December 10, 2009: Chemical Reclamation Services, LLC Clean Harbors Environmental Services, Inc. Effective Environmental, Inc. Environmental Industries, LP Envirosolve, Inc. EQ Florida, Inc. Green Planet, Inc. Heritage Environmental Services, LLC MXI Environmental Services, LLC Pollution Control Industries, Inc. Proposals were evaluated and scored based on a pre-determined criteria to provide the best value for the City. The criteria included, but was not limited to, cost, experience, qualifications and methods of disposal. Based on the total scores, Heritage Environmental Services, LLC was selected to provide household hazardous waste transportation, disposal and recycling services. RENEWAL OPTIONS -This contract may be renewed for up to three additional successive one-year terms at the City's option . Renewal may be effective by notice in writing by the City Manager, or his designee , to the contractor within 30 days of the expiration of the prior term. 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. An M/WBE policy waiver was granted prior to issuing the RFP due to chain of custody issues that are http ://apps .cfwnet.org/council_packet/mc _review .asp?ID= 12 986&councildate=2 /2/20 10 3/1 4/2013 _M&G Review Page 2 of2 .,. associated with hazardous wastes as mandated by Federal and State laws which effectively preclude subcontracting opportunities. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Environmental Protection Fund. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers R103 539410 0524103 $404.500 .00 Fernando Costa (6122) Brian Boerner (6647) Michael Gange (6569) http ://apps.cfwnet.org/council_packet/mc_review.asp?ID=l2986&councildate=2/2/2010 3/14/2013