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HomeMy WebLinkAboutContract 41788-A2,. CITY SECRETARY 4/7~'t,/} z_ CONTRACT NO. __ ...,;. __ _ STATE OF TEXAS COUNTY OFT ARRANT § § § KNOWN ALL BY THESE PRESENTS: SECOND AMENDMENT TO CITY SECRET ARY CONTRACT NO. 41788 THIS SECOND AMENDMENT to City Secretary Contract No. 41788 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 Veolia ES Technical Solutions , LLC , a Delaware Limited Liability Company registered to conduct business in Texas ("Contractor"), acting through James T. Bell , its duly authorized President and CEO. WHEREAS , the City and Veolia ES Technical Solutions , LLC have entered into that certain agreement identified as City Secretary Contract No. 41788 (also the "Contract") commencing on May 17 , 2011 for waste disposal services as authorized by Mayor and Council Communication C-24690 ; and WHEREAS , municipal contracts for waste disposal services are exempt from the provisions of Chapter 252 of the Texas Local Go vernment 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 , the parties wish to include the ability of the contractor to perform additional services not specified in the original contract related to the transportation and disposal of radioactive pipe and metals ; and WHEREAS , the parties agree that all other conditions , terms , and pricing shall remain the same as stated in City Secretary Contract No. 41788 ; 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. Additional Services which may be Provided: City Secretary Contract number 41788 is amended to include within the scope of services the transportation to US Ecology 's radioactive waste disposal site at Grand view Idaho and the disposal therein of radioactive pipe and metals. All transportation and disposal shall be in complete conformance with all applicable federal , state , and local laws and using best engineering , safety , record-keeping , and management practices applicable to the radioactive nature or the materials . The agreed price terms alle-1~'6Hew'!r.-----, Second Amendment to Contract #41788 Veolia ES Technical Solutions, LLC 05 -01-12 P0.5:57 IN OFFICIAL RECORD CITY SECRETARY FT. WORTH, 1 f2 • Transportation rate to US Ecology's radioactive waste disposal site near Grandview , Idaho: $9 ,500 per trip with no additional return or turnaround charge. • Disposal fee for radioactive pipe and metals at a federally approved waste site licensed to accept the materials: $315 per ton; 2. Miscellaneous: All other definitions , terms , and conditions of City Secretary Contract number 41788 shall remain unchanged except as expressly set forth herein. IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas , on the dates written below. CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: +j3of 2. APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney Second Amendment to Contract #41788 Veolia ES Technical Solutions, LLC CONTRACTOR Veolia ES Technical Solutions, LLC BYE~&4/ Jam ~11 President and CEO SEAL: -..- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 2 of 2 .... M&C Review Page 1 of 2 Official si te of t he Ct ty of Fort Worth, Texa s CITY COUNCIL AGENDA DATE: 1/25/2011 CODE: C COUNCIL ACTION: Approved on 1/25/2011 REFERENCE NO.: "*C-24690 TYPE: CONSENT LOG NAME: PUBLIC HEARING: FORTWORTII ~- 20CITYHW-VEOLIA NO SUBJECT: Authorize the Execution of a Contract with Veolia ES Techn ical Solutions , LLC , in an Amount Not to Exceed $150 ,000 .00 per Year for Packaging , Transportation and Disposal of Hazardous, Special and Solid Waste Generated by the C ity ..,.,c.;_. ,'>."·::.•/;,,, ·.•· .H.~'1.i 1,,,:.-,.,.,.;_. ;,;,, -, , .... _.,;•_.,.':'1-.,.,.·,,..,.,,,.;-,.,·,,,.,,~ _,'·,,_w:,•'.,~.i-1'·,'";• .•: ·,,.,·.-.:.•,<""''fT',\,~; ··•• S, :,-,•A·,,C-.·>,·•.'~,;-·,,'••·'·'·"·'•'·•,;.:.,,,w '-·'..'':' .,,•'\,,·;,,•.;-., .:'-".•~,,.'"JP: ,, C\ RECOMll.1.E~DATION: It is recommended that the City Council authorize the City Manager to execute a contract with Veolia ES Technical Solutions , LLC , in an amount not to exceed $150 ,000 .00 per year for packaging , transportation and disposal of hazardous, special and solid waste generated by the City. OJSCUSSION: Various City departments use products and/or generate wastes that cannot be disposed of by traditional solid waste methods. To comply with federal and state requirements regarding such disposal , the Transportation and Public Works Department , Environmental Services Division requires the services of a hazardous waste disposal contractor. Materials for disposal under this contract include, but are not limited to solvents, thinners , paints , pesticides, contaminated automotive flu ids, acids/bases , printer/copier chemicals, and soil or absorbent materials contaminated with spilled chemicals. An Invitation to Bid was issued on October 6, 201 O for a contractor to package , transport and dispose of hazardous , special and solid waste generated by the City . Bids were received on November 4 , 2010 from the following companies: Clean Harbors Environmental Services , Inc. Envirosolve , Inc. Green Planet, Inc. Heritage Environmental Services, LLC Progressive Environmental Services, Inc. dba Eagle-SWS PSC Environmental Services, LLC dba Chemical Reclamation Services, LLC SET Environmental, Inc . Veolia ES Techn ical Solutions, LLC Bids were evaluated based on a predetermined list of criteria with weighted values to determine the recommendation for award of contract. These measures included cost , qualifications and experience in providing the required services , quality of services, legal and compliance record , and bidder's past relationship with the City. Based on the total point distribution of those measures, City staff recommends award of contract to Veolia ES Technical Solutions , LLC (Veolia). Total expend itures under this contract will not exceed $150,000 .00 per year. This agreement will commence on the date the contract is fully executed by all parties and will continue for a period of 12 months. The contract may be extended by subsequent agreement of both parties for three additional 12 month periods . Renewal may be effected by notice in writing by the City Manager or his designated representative to the contractor within 30 days of the expiration of the term and does not require specific City Council approval provided that the City Council has http://apps.cfwnet.org/council_packet/mc_review.asp?ID=l4554&councildate=l /25/2011 1/3 0/2011 . ' ..... M&C Review Page 2 of2 appropriated sufficient funds to satisfy the City 's obligations during the renewal term . A waiver of the M/WBE requirements was requested by the department and approved by the M/WBE office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible . FISCAL INFORMATION/Cl;RJIFICATIQN: The Financial Management Services Director certifies that funds are available in the current operating budget , as appropriated , of the Environmental Management Fund . TO Fund/Account/Centers Origlnatlng Department Head: Additional Information Contact: FROM Fund/Account/Centers R103 539410 0204106 $150 ,000.00 Fernando Costa (6122) William A. Verkest (7801) Michael A. Gange (6569) http://apps.cfwnet .org/council_packet/mc_review .asp?ID=l4554&councildate=l /25 /2011 1/30/2011