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HomeMy WebLinkAboutContract 41788-A5STATE OF TEXAS COUNTY OF TARRANT CJ TV SECRITAIW / .::oNTRACT NO. L l'lR~ -Pc 2 § § § KNOWN ALL BY THESE PRESENTS: FIFTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 41788 THIS FIFTH 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 Mitch Osborne, its duly authorized branch manager. 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 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, City Secretary Contract No. 41788 was extended by amendment for an additional one-year term, from May 17, 2013 through May 16, 2014 in City Secretary Contract No. 41788-A4; and WHEREAS, the parties wish to extend the term of the initial contract for an additional year commencing on May 17, 2014 ·through May 16, 2015, 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. 41788 and as amended in the First Amendment and Second Amendment to City Secretary Contract No. 41788; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and valuable consideration, the receipt and sufficiency of which are &f~1c'\A~~in.;t!01Q'ti and confessed, the parties hereto agree as follows: CITY SECRETARY fT. WORTH, TX Fi o Contract #41788 RE CEIVED JU M>.,Q a9t 'fflW Veolia ES Technical Solutions , LLC 1. Extended term of contract: City Secretary Contract number 41788 is extended to include the term beginning on May 17 , 2014 and ending on May 16 , 2015. 2 . Compensation Not to Exceed Amount: Compensation shall not exc eed one hundred fifty thousand dollars ($150 ,000 .00) for the term of this amendment, billable according to the fee schedule and subject to all other terms and condition s as stated in City Secretary Contract number 41788, and subject to prior amendments. 3 . 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 BY:~~L--- Femando Costa Assistant City M "ger Date: 6/S I+ • Fifth amendment to Con tract #41788 Veolia ES Te chnical Solutions, LLC CONTRACTOR Veolia ES Technical Solutions, LLC Branch Manager WITNESS: ct, CORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/25/2011 DATE : LOG NAME : SUBJECT: Tuesday , January 25, 2011 20CITYHW-VEOLIA REFERENCE NO.: **C-24690 Authorize the Execution of 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 RECOMMENDATION: 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. DISCUSSION : 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 fluids, acids/bases, printer/copier chemicals, and soil or absorbent materials contaminated with spilled chemicals. An Invitation to Bid was issued on October 6, 2010 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 Technical Solutions , LLC Bids were evaluated based on a predetermined li st of criteria with weighted values to determine the recommendation for award of contract. These measures included cost , qualification s 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 tho se mea sures , City staff recommends award of contract to Veolia ES Technical Solutions, LLC (Veolia). Total expenditures 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 month s . The contract may be extended by subsequ e nt 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 withi n 30 days of the expiration of the term and 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. A waiver of the MIWBE requirements was requested by the department and approved by the M/WBE office because the purchase of services is from sources w here subcontracti ng or supp li er opportunities are negligible. FISCAL INFORMATION: The Financial Management Services Director certifi es th at funds are availab le in th e c urrent operatin g budget, as appropriated, of the Environmental Management Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. MWBE Waiver DEMl0-1 lHAZ.pdf 2. Rl03 53zzzz 0204106.pdf FROM Fund/Account/Centers Rl03 539410 0204106 Fernando Costa (6122) William A. Verkest (7801) Michael A. Gange (6569) $150,000.00 ' POLICY ON APPROVALS AND EXECUTION OF LEGAL DOCUMENTS VENA-Industrial Business Group (Hazardous Waste) Type of Legal Document Approval(s) Required Signature Authority I CUSTOMER/ VENDOR CONTRACTS A. Bids, Proposals and Contracts with Customers: 1. Standard Services (See Note #1) 2. Standard Agreement (See Note #2) 1. Estimated annual value of $1 to $SOK. (Annual Contract Revenue) 2 . Estimated annual value of $SOK to $SOOK 3. Estimated annual value of $SOOK to $1.SMM Also includes VENA Contracts with changes approved by Regional Legal Counsel except Indemnification, Customer/Contractor warranties, Insurance, and Damages . 4. Estimated annual value greater than $1.SMM Notes: 1. Standard Services Include: A. Treatment Services B. Transportation and Treatment Services Account Manager or Operations Account Manager, Operations Manager Manager, Sales Manager or Branch Manager Sales Manager or Branch Manager Sales Manager or Branch Manager Branch Manager and either Sr. VP/VP-Operations or VP-Sales Risk Memo VP-Operations, VP-Sales and President-and Risk Memo VP Ops Risk Memo C. On-site/Material Preparation Services/Regular Reactives Projects D. On-site Professional Services Excludes any Project types not listed above and "High Hazard" Projects 2. Standard Agreement A . 1 Page Agreement B. S Page Agreement Type of Legal Document Approvals Required Signature Authority C. Bids, Proposals and Contracts with Customers - Customer contracts (On "Their" Paper) Purchase Orders 1. Estimated annual value of $1 to $50 Legal Review Approval Bran ch GM Regional Legal Sales Manager Branch GM 2. Estimated annual value of $SOK to $1 M. Legal Review Branch GM Regional Legal VP Ops Branch GM Includes any amendment that does not change scope of original agreement. 3. Estimated annual value >$1 M (Annually). VP Ops Risk Memo Regional Legal Risk Memo Any Customer contract that requires CAPEX Risk Memo I REAL ESTATE I A. Leases 1. Not more than $10K/mo ., not more than Regional Legal Branch Manager $SOOK total for life of lease and not more VP than 5 years in duration 2 . More than $10K/month, $SOOK total for VP Ops Risk Memo life of lease or more than 5 years in Regional Legal duration Risk Memo Note: Short term equipment leases <$10k just requires legal review and Branch GM Signature .