HomeMy WebLinkAboutContract 28358-E2A1City Secretary Contract No. 28358-E2A1
STATE OF TEXAS §
COUNTIES OF TARRANT, §
DENTON, JOHNSON, PARKER, §
AND WISE §
FIRST AMENDMENT TO THE SECOND EXTENSION AND RESTATEMENT OF THE
CONTRACT FOR COLLECTION OF RESIDENTIAL GARBAGE, REFUSE AND
BULKY WASTE, RECYCLABLES, CERTAIN COMMERCIAL SOLID WASTE, YARD
WASTE, C&D AND LARGE BRUSH
THIS FIRST AMENDMENT TO THE SECOND EXTENSION AND RESTATEMENT
OF THE CONTRACT FOR COLLECTION OF RESIDENTIAL GARBAGE, REFUSE AND
BULKY WASTE, RECYCLABLES, CERTAIN COMMERCIAL SOLID WASTE, YARD
WASTE, C&D AND LARGE BULKY WASTE ("Amendment") is made and entered into by and
between the City of Fort Worth, a home -rule municipal corporation in Tarrant, Denton, Johnson,
Parker and Wise Counties, Texas, acting herein by and through Valerie Washington, its duly
authorized Assistant City Manager, hereinafter called "City", and Waste Management of Texas,
Inc., a Texas corporation doing business in Texas, acting herein by and through Domenica Farmer,
its duly authorized President, hereinafter called "Contractor."
WHEREAS, on May 9, 2022, City and Contractor entered into a Second Extension and
Restatement of the Contract for Collection of Residential Garbage, Refuse and Bulky Waste,
Recyclables, Certain Commercial Solid Waste, Yard Waste, C&D and Large Brush, City Secretary
Contract No. 28358-E2, to extend the term of the Contract beginning on December 1, 2021 and
expiring on March 31, 2033, make other changes, and to amend the Cost Adjustment to the First
Extension and Restatement to City Secretary Contract No. 28358 ("Contract"); and
WHEREAS, the Contractor notified the City on September 21, 2023 that the Contractor's
Minority Women and Business Equity (MWBE) firm was unable to meet the Contract's MWBE
requirement set forth under this Contract; and
WHEREAS, on October 3, 2023, the Contractor requested a temporary waiver of the
Contract's requirement that a certified MWBE firm perform a minimum of twenty-five percent of
the total dollar value of the Contract and the City granted such temporary waiver for a period of
six months beginning on November 8, 2023 and expiring on May 8, 2024; and
WHEREAS, prior to expiration of the temporary waiver, the Contractor notified the City
that its MWBE firm remained unable to perform the services needed to meet the MWBE Contract
requirement and meet the performance requirements necessary to ensure that solid waste services
would be performed as required by the Contract; and
FIRST AMENDMENT TO THE SECOND EXTENSION AND
RESTATEMENT OF CONTRACT FOR COLLECTION Page 1 of 5
OF RESIDENTIAL GARBAGE, REFUSE AND BULKY WASTE, OFFICIAL RECORD
RECYCLABLES, CERTAIN COMMERCIAL SOLID WASTE, CITY SECRETARY
YARD WASTE, C&D AND LARGE BRUSH
FT. WORTH, TX
WHEREAS, upon review of the City's MWBE ordinance, the City has determined that at
this time, there are no other certified MWBE firms in the marketplace that can provide the services
required by the Contract; and
WHEREAS, due to inability of the Contractor's MWBE firm to comply with the
Contract's MWBE performance requirements, and the City's determination that there are no viable
MWBE firms in the marketplace, on May 14, 2024, the City Council approved Mayor and Council
Communication (M&C) 24-0436, authorizing an amendment to the Contract that addresses the
MWBE component of the Contract and other Contract terms and conditions; and
WHEREAS, Contractor and City desire to amend the Contract to provide an average age
requirement of the vehicle fleet and extend the age of each fleet vehicle to allow Contractor the
use of additional fleet vehicles to provide services under the Contract; and
WHEREAS, Contractor and City desire to amend the Contract to extend the recovery time
frame for Missed Pickups under the Contract from twenty-four hours to thirty-six hours for Waste
Cart and Recyclables Storage Cart collections to match the recovery time for Missed Pickups for
Bulk and Yard Waste.
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 to amend the Contract as follows:
I.
Section 2 "Scope of Contractor's Services," Subsection F "Missed Pickups and Priority
One Collections," Subdivision 2 of the Contract, is hereby amended in its entirety to be and read
as follows:
2. Contractor agrees to recover a verified Missed Pickup within the following recovery time
frames:
a. Within thirty-six (36) hours for Solid Waste Storage Carts, Recyclables Storage
Carts, Bulky Waste Piles, or a Yard Waste pile collection from the time the
verified missed collection was entered into the City's Customer Service
Electronic Tracking System.
b. If a verified missed collection is entered into the City's Customer Service
Electronic Tracking System prior to the close of business of City's call center
on a Friday (7:30 pm), then Contractor shall collect such verified Missed Pickup
by the close of business the following Monday.
c. If Contractor fails to recover the verified missed collection for Solid Waste
Storage Carts, Recyclables Storage Carts, Bulky Waste Piles, or Yard Waste
FIRST AMENDMENT TO THE SECOND EXTENSION AND
RESTATEMENT OF CONTRACT FOR COLLECTION Page 2 of 5
OF RESIDENTIAL GARBAGE, REFUSE AND BULKY WASTE,
RECYCLABLES, CERTAIN COMMERCIAL SOLID WASTE,
YARD WASTE, C&D AND LARGE BRUSH
piles within the established time frames set out above, then the missed
collection shall be converted into a Priority One Collection. A Priority One
Collection is a verified missed collection of a Solid Waste Storage Cart,
Recyclables Storage Cart, Bulky Waste Pile or Yard Waste pile that Contractor
has failed to recover within the established time set forth in subsection a. above.
II.
Section 5 "Payment," Subsection A of the Contract is amended in its entirety to be and read
as follows:
A. Within fifteen (15) Days of the end of each month during which Collection
Services are provided by the Contractor, Contractor shall submit to the
Director a monthly report and invoice for monthly payments due
Contractor.
Section 10 "Vehicle and Equipment Standards," Subsection A "General," Subdivision I of the
Contract is amended in its entirety to be and read as follows.
1. Contractor shall provide a fleet of collection Vehicles sufficient in number and capacity
to perform the work required by the Contract efficiently and in strict accordance with its terms.
Contractor shall have available on Working Days sufficient back-up Vehicles for each type of
collection and Vehicles to use to respond to complaints and emergencies. Vehicles used in
servicing this Contract shall not exceed an average of ten (10) years old at any time and no Vehicle
servicing this Contract shall be more than fourteen (14) years old as of March 31, 2026. City
representative(s) shall inspect all Vehicles to be used in servicing this Contract no later than thirty
(30) Days before the Contract begins and each year of the Contract thereafter. City shall notify
Contractor about the failure of any Vehicle to meet the requirements of this Section 10 within ten
(10) Days of inspection. Any Vehicle reaching fourteen (14) years of age beginning on March 31,
2026 during the term of the Contract shall be taken out of service for purposes of the Contract
services in compliance with the Contract.
IV.
Section 11 of the Contract "MWBE REQUIREMENTS," is amended in its entirety to be
and read as follows:
11.
MWBE REOUIREMENTS
[Reserved]
FIRST AMENDMENT TO THE SECOND EXTENSION AND
RESTATEMENT OF CONTRACT FOR COLLECTION Page 3 of 5
OF RESIDENTIAL GARBAGE, REFUSE AND BULKY WASTE,
RECYCLABLES, CERTAIN COMMERCIAL SOLID WASTE,
YARD WASTE, C&D AND LARGE BRUSH
V.
Section 13, "EVENTS OF DEFAULT BY CONTRACTOR," Subsection A., Subdivision
31. is amended in its entirety to be and read as follows:
h. [Reserved]
VI.
All other provisions of the Contract which are not expressly amended herein, shall remain
in full force and effect. All terms in this Amendment that are capitalized, but not defined, shall
have the meanings ascribed to those terms in the Contract.
VII.
This Amendment shall take effect on June 1, 2024.
VIII.
This 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 anoriginal.
[signature page follows]
FIRST AMENDMENT TO THE SECOND EXTENSION AND
RESTATEMENT OF CONTRACT FOR COLLECTION Page 4 of 5
OF RESIDENTIAL GARBAGE, REFUSE AND BULKY WASTE,
RECYCLABLES, CERTAIN COMMERCIAL SOLID WASTE,
YARD WASTE, C&D AND LARGE BRUSH
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
Byzlerie Washington (Jun 20, 202410:41 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Jun 20,2024
Date:
APPROVAL RECOMMENDED:
B3Q9dyWhtt burgburg(�202407:15CDT)
Name: Cody Whittenburg
Title: Environmental Services Department
Director
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Name: Jannette S. Goodall
Title: City Secretary
CONTRACTOR:
WASTE MANAGEMENT OF TEXAS,
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By D'52nica Farmer (Jun 19, 202419:52 CDT)
Name: Domenica Farmer
Title: President
Date: Jun 19, 2024
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. Chri�nnH�n;� CDT)
Name: Christian Harper
Title: Contract Services Administrator
APPROVED AS TO FORM AND
LEGALITY:
By:-. !I -
Name: M. Kevin Anders, II
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0436
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FIRST AMENDMENT TO THE SECOND EXTENSION AND
RESTATEMENT OF CONTRACT FOR COLLECTION Page 5 of 5
OF RESIDENTIAL GARBAGE, REFUSE AND BULKY WASTE,
RECYCLABLES, CERTAIN COMMERCIAL SOLID WASTE,
YARD WASTE, C&D AND LARGE BRUSH