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HomeMy WebLinkAboutContract 39934-A2-~ITV SECRETARY 3 6l q 3 L\--fr 7-CONTRACT NO . .....;; _ __._... __ STATE OF TEXAS COUNTY OF TARRANT § § § KNOWN ALL BY THESE PRESENTS: SECOND AMENDMENT TO CITY SECRET ARY CONTRACT NO. 39934 THIS SECOND 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 William McDaniel, its duly authorized President and CEO. 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, 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, that contract was for an initial term of one year and that contract provides for the extension of the term of the agreement for up to three additional periods of one year each; 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; 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: 1. Extended term of contract: City Secretary Contract number 39934 is extended to include the term February 3, 2012 and ending on February 3, 2013. Second Amendment to Contract #39934 Heritage Environ;ne ta/ Seryi~s, p:.9 -._~ -\L . ..J ... I ....; ....) egrntfttf tg-{m __ _ OFFICIAL REdORD CITY SECRET"RY FT. WOR 'M TX Page fo j "J 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 Second Amendment to Contract #39934 Heritage Environmental Services, LLC I· '' Page 2of 3 ·- i ,,,. SIGNATURE PAGE FOR SECOND 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 CONTRACTOR Heritage Environmental Services, LLC BY::s-•• : 1.U- F emando Costa Assistant City Manager Date: ~~~;t. I • APPROVED AS TO FORM AND LEGALITY: /_4;{;;_ t1 ;J~ Arthur N. Bashor Assistant City Attorney BY /))[J1~ 0 William McDaniel President and CEO WITNESS: .... -- ~. ' ......... _.....,... .. ............ c ont ract Authorizatioa Date Second Amendment to Contract #39934 Heritage Environmental Services, LLC 2-·2 · \ O OFFICIAL RECORD CITY SECRETARY FT. WO lii1 3 · ........... I City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/2/2010 DATE: Tuesday , February 02 , 2010 REFERENCE NO.: **C-24061 LOG NAME: 52HOUSEHOLD HAZARDOUS WASTE-HERITAGE ENVIRONMENTAL SERVICES 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 I RECOMMENDATION: I It is recommended that the City Council authorize the City Manager to execute a contract at a cost not to exceed $404 ,500 .00 w ith 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 Env i ronmental 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 disposa l 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 prov ide 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 Env ironmental Services , LLC was selected to provide household hazardous waste transportation, disposal and recycling services. RENEWAL OPTIONS -Th is contract may be renewed fo r up to three additional successive one-year terms at the City's option . Renewal may be effective by noti ce in writing by the City Manager, or his Logname : 52H O USEHO LD HAZARDOUS WASTE-HERITAGE ENVI RONMENTAL SERV I... Pag e 1 of2 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 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 . FUND CEN T ERS: TO Fund/Account/Centers -------- CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. FUNDS AVAILABLE.doc (CFW Internal) FROM Fund/Account/Centers R103 539410 0524103 Fernando Costa (6122) Brian Boerner (6647) Michael Gange (6569) 2. MWBE Waiver-DEM 10-02 HHWD.pdf (CFW Internal) $404 ,500 .00 Logname : 52HOUS EHOLD HAZARDOU S WAS TE -HERJ TAG E ENVIRON MEN TAL SERVI... Page 2 of2