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Home My WebLink AboutContract 60095-A1CSC No. 60095-Al FIRST (1) AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 60095 BETWEEN THE CITY OF FORT WORTH AND DALLAS COUNTY This first Amendment to Fort Worth City Secretary Contract No. 60095 ("Amendment") is entered into by and between the City of Fort Worth ("Fort Worth"), a municipal corporation and Clean Earth Environmental Inc., a Delaware corporation, ("Vendor"). City and Vendor shall be referred to individually as a Party and collectively as the Parties. WHEREAS, Section 271.102 of the Texas Local Government Code allows Local Governments to pursue mutually beneficial and cooperative purchasing programs; and WHEREAS, pursuant to Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of the Texas Local Government Code, the City of Fort Worth ("City"), a Texas home - rule municipality and Dallas County have entered into an Interlocal Cooperative Purchasing Agreement on March 7, 2007 which provides that when the one of the Local Government Entities enters into a contract with a vendor for goods and services, the other Local Government is able to enter into a Purchase Agreement with the vendor under the same terms and conditions offered to the Original Local Government Entity so long as the vendor is agreeable; and WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 60095 beginning September 13, 2023 (the "Original Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Original Agreement to revise and replace Exhibit C — Vendor's Quote, Pricing, Scope of Services or Purchase Order of the Original of the Agreement; and NOW THEREFORE, known by all these present, Fort Worth and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: A. AMENDMENTS 1. The Agreement is hereby amended by replacing Exhibit C of the Original Agreement in its entirety with the Exhibit C attached to this First Amendment. B. ALL OTHER TERMS SHALL REAMIN THE SAME 1. All other terms, provisions, conditions, covenants and recitals of the Original Agreement not expressly amended herein shall remain in full force and effect. C. ELECTRONIC SIGNATURE First Amendment To Fort Worth City Secretary Contract No. 60095 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1. This First Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. [Signature Page Follows] First Amendment To Fort Worth City Secretary Contract No. 60095 Page 2 of 7 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth By: Valerie Washington (Dec 22, 202316:30 CST) Name: Valerie Washington Title: Assistant City Manager Date: Approval Recommended: By: Name: James Keezell Title: Assistant Environmental Services Director Attest: By: C� 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. By: Name: Rex Johnson Title: Environmental Services Supervisor Approved as to Form and Legality: By: Name: Christopher Austria Title: Assistant City Attorney Contract Authorization: M&C: 23-0402 VENDOR: Clean Earth Environmental Solutions, Inc. By: Jo Avdellas (Dec 21, 202313:22 EST) Name: John Avdellas Title: Vice President of M & I Sales Date: 12/21/23 First Amendment To Fort Worth City Secretary Contract No. 60095 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT C Pricing Details: Alternate fuel, <1" Sludge, (<3% halogens), BTU > 5000, for thermal treatment 55g $93 220 Increase or Dec in cost nticipated Total isposal Cost (FY24) AF01 Flammable Liquids, bulked (gasoline, solvents) S98 Price Decrease $20,460.00 AF02 Flammable Liquids, bulked Alternate fuel, 0-25% sludge, (<3% halogens), BTU > 5000, for thermal treatment 55g $120 0 NA $0.00 AF03 Flammable Liquids, bulked (Bulked oil based paints) Alternate fuel, 25-50% sludge, (< 3% halogens), BTU > 5000, for thermal treatment 55g $180 20 S152 Price Increase $3,600.00 AFO6 Oil -based paint, loose -pack Loose -pack paint, fuel, processable, for thermal treatment 55g $165 0 NA $0.00 AFO6 Oil -based paint, loose -pack Loose -pack paint, fuel, processable, for thermal treatment CYB $575 0 NA $0.00 AFO6-1 Paint Related Material, non- processable, loose- pack Loose -pack paint, fuel, non- processable, for thermal treatment 55g $295 0 NA $0.00 AF06-1 Paint Related Material, non- processable, loose- pack (Loosepack slam. Liquid) Loose -pack paint, fuel, non- processable, for thermal treatment (incineration - Thermal treatment?) CYB $875 $747 Price Increase $40,250.00 AF07 Fuels, Lab -pack Lab -pack, fuels, for thermal treatment 55g $215 NA $0.00 AF07 Fuels, Lab -pack Lab -pack, fuels, for thermal treatment CYB $575 NA $0,00 AF08 Aerosols Aerosols, cans of paints, solvents, for depressurization and thermal treatment 55g $265 NA $0.00 AF08 Aerosols Aerosols, cans of paints, solvents, for depressurization and thermal treatment CYB $595 57 S772 Price Decrease $33,915.00 INCO2 Aerosols Aerosols, cans of paints, and solvents, for depressurization thermal treatment 5 $120 NA $0.00 INCO2 Aerosols for incineration Aerosols, foam, tire sealant, corrosive 55g $575 NA $0.00 LF01 Non -hazardous materials Landfill, non- regulated 55g $195 NA $0.00 LF01 Non -hazardous materials Landfill, non- regulated CYB $350 NA $0.00 LF06 Latex Paint Lab -pack landfill, non- regulated CYB $350 NA $0.00 REC49 Latex Paint Latex paint for recycling CYB $425 NA $0.00 REC49 Latex Paint Latex paint for recycling 55g $170 NA $0.00 RECB49 Latex Paint Latex paint for recycling 25 Yd RO S5925 NA $0.00 INC14A Organic Acids, for incineration Lab -pack, Non- Reactive, for Incineration 5g $135 NA $0.00 INC14A Organic Acids, for incineration Lab -pack, Non- Reactive, for Incineration 55g $565 NA $0.00 INC14B Organic Bases, for incineration (Amines) Lab -pack, Non- Reactive For incineration 5g $135 NA $0.00 INC14B Organic Bases, for incineration (Amines) Lab -pack, Non- Reactive For incineration 55g $565 NA $0.00 INC14E Oxidizers for incineration Lab -pack, Incineration, Oxidizers 5g $225 NA $0.00 First Amendment To Fort Worth City Secretary Contract No. 60095 Page 4 of 7 INC14E Oxidizers for Incineration Lab -pack, Incineration, Oxidizers 55g $1050 NA $0.00 INC14F Pesticides for Incineration Lab -pack, Incineration, Pesticides 55g $295 NA $0,00 INC14F Pesticides for Incineration (waste stream solid and liquid?) Lab -pack, Incineration, Pesticides (SOLID) CYB $775 51 5947 Price Decrease $39,525.00 INC14-I Isocyanates Lab -pack, Incineration, Isocyanates 5g $150.00 NA $0.00 INC14P Poisons/Pesticides Lab -pack, Incineration, Organic Poisons 55g $350 NA $0,00 INC14P Poisons/Pesticides (waste stream solid and liquid?) Lab -pack, Incineration, Organic Poisons(Liquid) CYB $775 47 S947 Price Decrease $36,425.00 INC25 Pesticide solids Pesticide Solids/Debris for incineration 55g $575 NA $0.00 INC25 Pesticide solids Pesticide Solids/Debris for incineration CYB $1995 NA $0,00 INC15-D1 Reactive Flammable Solids Lab -pack, Incineration, Flammable Solids (DOT 4.1) 5g $200.00 NA $0.00 INC15-D2 Reactive, Spontaneously combustible Lab -pack, Incineration, Spontaneously Combustible (DOT 4.2) 5g $200.00 NA $0.00 INC15-E1 Reactive, Hydrogen Peroxide Lab -pack, Incineration, Perchloric Acid, Hydrogen Peroxide 5g $200.00 NA $0.00 INC15-E2 Reactive, Organic Peroxides Lab -pack, Incineration, Reactive, Organic Peroxides (DOT 5.2) 5g $200.00 NA $0.00 INC15W Reactive, Water reactive Lab -pack, Incineration, Water Reactive (DOT 4.3) 5g $200.00 NA $0,00 INC19-6 Cigarette Lighters, for incineration Cigarette Lighters for Incineration 59 $125.00 NA $0.00 REC04-H1 Mercury for recycling/retort Lab -pack, Retort, Inorganic Mercury Compounds/Solutions 5g $1,250 NA $0.00 REC14 Mercury thermometers Mercury contained in manufactured articles, or dirt 5g $850 NA $0.00 REC05 Lead -acid batteries Lead -acid batteries for recycling Lb. 50.59 $50 minimum $0,00 RECO6 Fluorescent, CFL Bulbs for recycling Mercury bulbs, for reclamation Lb. 50.96 $15 minimum $0.00 REC09 Lithium batteries Lithium batteries, for recycling, (reactive) Lb. S5.45 5100 (bid in pounds) Bid (30 gallon pail$402) $50 minimum REC09-1 Lithium Ion batteries Lithium Ion batteries, for recycling 55g $1.49 $50 minimum $0.00 REC11 NICAD Batteries for recycling NiCad batteries, Non- regulated, Universal Waste, for recycle 55g $345.00 11 $462 Price Decrease $3,795.00 REC11-1 Nickel -Metal Hydride batteries for recycling Nickel Metal Hydride Batteries, Universal Waste, for recycle 55g $275.00 7 $462 Price Decrease $1,925.00 REC24 Alkaline batteries Alkaline batteries, for recycling 55g $435.00 25 NA $10,875.00 REC61 Propane for recycling, BBQ & camp size Cylinders, Flammable, propane, for recycle CYL $29 NA $0.00 STAB01 Bulk Latex for landfill Non -Regulated Sludges with free liquids 55g $160 795 $190 Price Decrease $127,200.00 STAB02-1 Bulk acids for treatment Treatable acids 55g $450 21 $178 Increase in P $9,450.00 STAB02-2 Bulk bases for treatment Treatable bases 55g $450 22 $178 Increase in Price $9,900.00 STABO6-6 Oxidizers, treatable Treatable oxidizer, Lab -pack 5g $475 NA $0.00 STAB06-6 Oxidizers, treatable Treatable oxidizer, Lab -pack 55g $1425 NA $0.00 WAT16A Corrosives, inorganic acids Lab -pack, Treatment, Inorganic Acids 55g $245 NA $0,00 First Amendment To Fort Worth City Secretary Contract No. 60095 Page 5 of 7 Lab -pack, Treatment, Inorganic Bases NA $0.00 $337,320.00 Item LBENVTST LBSUPVST Alt. Description NA NA Ir Description Environmental Specialist Supervisor Labor Charges: UOM Price Hour Hour $56.00 $68 QTY Net Price Minimums 4 hour min 4 hour min Supply Charges: Alt. Description Description UOM Price QTY Net Price Minimums SPABSBAG Absorbent Bags Absorbent Bags, Clay Each $45.00 NA SPBXCYB Cubic Yard Box DOT Approved, UN Rated Box for Hazardous Waste Transportation Each $90 NA SPDM55UO 55g metal Drums Drum, Metal, 55- gallon, Recon, Open Top Each $82 NA SPDM55NO 55g metal Drums Drum, Metal, 55- gallon, Open Top, New Each $135 NA SPDP55UO 55g poly drums Drum, Poly, 55-gallon, Recon, Open Top Each $76 NA SPDP55NO 55g poly drums Drum, Poly, 55-gallon, Open Top, New Each $99 NA SPDP3000 30g poly drums Drum, Poly, 30-gallon, Recon, Open -Top Each $65 NA SPDP3ONO 30g poly drum Drum, Poly, 30-gallon, Open Top, New Each $99 NA SPDPI5NO 15g poly drum Drum, Poly, 15-gallon, Open Top, New Each $50 NA SPDPSNO 5g poly drum Drum, Poly, 5 gallon, Open- Top, New Each $29 NA SPDP5UO 5g poly drum Drum, Poly, 5-gallon, Recon, Open Top Each $29 NA SPDM55NC 55g metal drum, closed top Drum, Metal, 55- gallon, Closed Top, New Each $135 NA SPDM55UC 55g metal drum, closed top Drum, Metal, 55- gallon, Closed Top, Recon Each $82 NA SPPPED PPE, Level D PPE, Level D Each $56 NA SPLINED Drum Liners Liner, Drum, 2 mil Each $8 NA SPVISQUN Plastic Ground Cover Visqueen, (20'x100') 6 mil. Each $250 NA First Amendment To Fort Worth City Secretary Contract No. 60095 Page 6 of 7 Non -Specified Container Conversions Container Size 1-5 gallon 6-15 gallon 16-30 gallon 31-55 gallon 85 gallon Cubic Yard Boxes 250/275-gallon totes 330/350-gallon totes Conversion 35% 50% 75% 1x 1.5x 4x 5x 6x Conversion Table Notes • These conversions will apply to all disposal and transportation items priced per container unless quoted separately • Numbers are expressed as a factor of a 55-gallon drum (e.g., 55-gallon price x 35% = sell price) • The greater of the conversion factor or location container minimum of $40 will be applied unless quoted a different rate. Some waste may have a different, typically lower, minimum which is reflected on the Non -Standard Minimum table below. • Smaller container sizes can be converted to larger containers using the following steps. 1) Divide the smaller container price by its conversion factor for the 55-gallon price (e.g., 5-gallon price + 35% = 55-gallon price). 2) Use the normal conversions on the 55-gallon drum price to convert to other container sizes. Per Pound Standard Minimums Common Containers' Lab Pack Containers2 Light Weight Containers' 1 5 or Tess 50 Ibs 25 Ibs 30 Ibs 6 - 15 125 Ibs 50 Ibs 75 Ibs 16 - 30 175 Ibs 110 Ibs 100 Ibs 31 - 55 250 Ibs 250 Ibs 150 Ibs 56 - 85 400 Ibs 300 Ibs 275 Ibs Non -Standard Minimums ontain -ss Code $0 REC51-3 $5 REC60, REC61, REC62, REC63, REC64, REC65 $10 RECO2-xx series and REC05 $15 LF04, REC06, REC27 $50 REC11, REC11-1, REC12, REC16, REC19, REC24, REC42, REC44, REC50, REC55 $50 REC09, REC09-1 Cubic box / pallet 525 Ibs 550 Ibs 500 Ibs Tote (<300 gal) 1950 Ibs -- -- 1. Excludes Lab Pack and Light Weight items 2. Includes: LF06, STAB06-6, series of codes for INC14, INC15 & WAT16 3. Includes: AF17, INC01, INCO2, INC16 4. All other container sizes are case by case (CBC) lease Note: The areater of the disposal minimum or $40 Der container will be charaed unless auoted otF erwise First Amendment To Fort Worth City Secretary Contract No. 60095 Page 7 of 7 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Fo RT WORTH Create New From This M&C DATE: 5/23/2023 REFERENCE NO.: **M&C 23- 0402 LOG NAME: 13PILA HOUSEHOLD HAZARDOUS WASTE DISPOSAL CODE ML CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of a Purchase Agreement with Clean Environmental Solutions, Inc. in an Annual Amount Up to $466,000.00 for Household Hazardous Waste Collection, Recycling, Disposal, and Other Related Program Services for the Code Compliance Department Using an Interlocal Agreement RECOMMENDATION: It is recommended that City Council authorize the execution of an agreement with Clean Earth Environmental Solutions, Inc. in an annual amount up to $466,000.00 and authorize two consecutive, one-year renewal options for household hazardous waste collection, recycling, disposal, and other related program services for the Code Compliance Department using Dallas County Interlocal Agreement No. 2020-009-6849 DISCUSSION: The Code Compliance (Code) Department approached the Purchasing Division about entering into an agreement for household hazardous waste collection, recycling, disposal, and other related program services using an Interlocal Agreement. Code will use this agreement to supplement current household hazardous waste collection, recycling, disposal, and other related program services agreements when certain aspects of a project are beyond the scope of the current annual agreements. State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for the purchase of the item or service. Dallas County Cooperative Contracts have been competitively bid to increase and simplify the purchasing power of government entities. Dallas County issued Request for Proposals No. 2020-009-6849 in April 2020 and received three responses. The bid was advertised in the Daily Commercial Record on March 26, 2020 and April 2, 2020. DIVERSITY & INCLUSION - A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. AGREEMENT TERMS - Upon City Council approval, the agreement will begin upon execution and end on July 6, 2023, with two (2) one-year renewal options to correspond with the terms of the Interlocal Agreement. This action does not require specific City Council approval provided that City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. ADMINISTRATIVE CHANGE ORDERS - An administrative change order or increase may be made by the City Manager or his designee 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. This amount is budgeted in the Code Compliance Department rollup within the Solid Waste Fund. The FY23 year cost will not exceed $466,000.00. Funding is budgeted in Solid Waste Fund, as appropriated . The remaining years will include cost increases and will be budgeted accordingly in FY24 & FY25 . The agreement serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Solid Waste Fund. Prior to an expenditure being made, the Code Compliance Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department ID Account Project ID Program FROM Fund 1 Department ID Account Project ID Activity Budget Year Reference # (Chartfield 2) Program I Activity Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Budget Year Reference # (Chartfield 2) Amount Amount Reginald Zeno (8517) Valerie Washington (6192) Reginald Zeno (8517) Brandon Bennett (6322) Jo Ann Gunn (8525) Martha Lopez (2059) ATTACHMENTS 13PCOOP HOUSEHOLD HAZARDOUS WASTE DISPOSAL CODE.docx (CFW Internal) FID TABLE SW4103 HHW Disposal.xlsx (CFW Internal) Form 1295 CLean Earth.pdf (CFW Internal) SamsCleanEarth.pdf (CFW Internal)