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