HomeMy WebLinkAboutContract 61707-A161707-A1
City Secretary Contract Number
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 61707
A NON-EXCLUSIVE SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND TOR TEXAS, LLC
This First Amendment of City Secretary Contract Number 61707 ("First
Amendment") is entered into by and between the City of Fort Worth (hereafter 'Buyer"), a
home rule municipality, and TOR Texas, LLC dba The Organic Recycler ("Vendor"), a Texas
limited liability company. Buyer and Vendor may be referred to individually as a Party and
collectively as the Parties.
WHEREAS, on July 16, 2024, the Parties entered into City Secretary Contract 61707 to
provide the City with organic waste processing services ("Agreement");
WHEREAS, the Parties desire to update the price schedule for the Agreement.
NOW THEREFORE, City and Vendor acting herein by and through their duly
authorized representatives agree to amend the Agreement as follows:
1.
AMENDMENT
Exhibit B of the Agreement is hereby repealed and replaced with Attachment 1 to
this First Amendment, which is attached hereto and incorporated herein by reference.
2.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
3.
ELECTRONIC SIGNATURE
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.
(signatures on next page)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACCEPTED AND AGREED:
CITY OF FORT WORTH
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By: Valerie Washington (Aug 14, 2025 16:52:55 CDT)
Name: Valerie Washington
Title: Assistant City Manager
APPROVAL RECOMMENDED:
By:
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Name: James Keezell
Title: Assistant Environmental Service Director
ATTEST:
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Name: Jannette S. Goodall °O . '=d
Title: City Secretary °°dd .......
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TOR Texas, LLC dba The Organic Recycler of
Texas,
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By: TiSansone (Aug 14, 2025 07:56:13 CDT)
Name: Tim Sansone
Title: Managing Partner
City Secretary Contract Number
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: Christian Harper (Aug 14, 2025 12:46:19'CDT)
Name: Christian Harper
Title: Contract Service Administrator
APPROVED AS TO FORM AND LEGALITY:
M. Kevin Anders, 11
By: M. Kevin Anders, II (Aug 14, 202514:39:20 CDT)
Name: M. Kevin Anders, II
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0587
Date Approved: 06/25/24
Form 1295 Certification No.:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract Number
ATTACHMENT 1
EXHIBIT B
PAYMENT SCHEDULE
Unit PricinE For Brush and Yard Waste Per Ton Or Per Vehicle
Unit Pricing (Tons)
Unit PricinLy (Vehicles)
Contract Rate
0 — 5,000 tons
0 — 850 vehicles
$33.99
5,001-10,000 tons
851-1,700 vehicles
$33.99
10,001—15,000 tons
1,701— 2,550 vehicles
$33.99
15,001 — 20,000 tons
2,551 — 3,400 vehicles
$33.99
Over 20,000 tons
Over 3,400 vehicles
$33.99
Citv Purchase Pricing For Market -Ready Products
Finished Proiect Tvve
Mulch (Additional to the mulch
provided to the City at no additional
cost in accordance with Section
8.19)
Brown Colored Mulch
Black Colored Mulch
Red Colored Mulch
Cedar Mulch
Pine Bark Mulch
Pecan Shell Mulch
Kiddie Cushion
Compost
Premium Compost
Grading Soil
Clay Breaker
Premium Soil Mix
Unit Price (Per Cubic Yard)
$15.88
$31.77
$31.77
$31.77
$32.80
$42.02
$53.30
$46.12
$21.52
$35.87
$38.95
$87.12
$35.87
M&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND FORT�W�ORRTTH_
Create New From This M&C
DATE: 6/25/2024 REFERENCE **M&C 24-
NO.: 0587
LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
220RGANIC WASTE
PROCESSING SERVICES
RFP 24-0133
NO
SUBJECT: (ALL) Authorize Execution of a Five -Year Non -Exclusive Vendor Service Agreement with
TOR Texas, LLC d/b/a The Organic Recycler of Texas for Organic Waste Processing
Services in an Estimated Amount Up to $825,000.00 for the First Year with Two
Additional Five -Year Renewal Options
RECOMMENDATION:
It is recommended that the City Council authorize execution of a five-year non-exclusive vendor service agreement with
TOR Texas, LLC d/b/a The Organic Recycler of Texas for organic waste processing services in an amount up
to $825,000.00 for the first year with two, five-year renewal options.
DISCUSSION:
The Environmental Services Department issued a Request for Proposals (RFP) to procure vendor services for organic
waste processing services. The City of Fort Worth (City) will utilize this agreement to process acceptable organic materials
into usable products, improve services, and divert material from the Southeast Landfill (SELF). These processing services
are essential to prolonging the life of the SELF. The awarded vendors) will receive and process brush and yard waste
collected and delivered by the City's residential collection service in addition to the City's drop-off stations. The
Transportation and Public Works and Park and Recreation Departments may also utilize this agreement to deliver loads of
acceptable brush and yard waste directly to the vendor.
The Environmental Services Department prepared a Request for Proposals (RFP) which consisted of detailed
specifications describing the project background, vendor requirements, and other requirements to perform the services.
RFP No. 24-0133 was advertised in the Fort Worth Star -Telegram on February 14, 21, 28, 2024, and March 6, 13, 2024.
On March 14, 2024, two responses were received.
An evaluation panel consisting of representatives from the Environmental Services, Diversity and Inclusion, Park and
Recreation, and FWLAB Departments evaluated and scored the responses using Best Value criteria. Staff reviewed the
pricing and determined it to be fair and reasonable. After evaluation, the panel concluded that TOR Texas, LLC d/b/a The
Organic Recycler of Texas should be awarded a contract to provide these services. No guarantee was made that a
specific amount of services would be used. Staff certifies that the recommended vendor proposal meets specifications.
Proposers Evaluation Factors
A B C D E F Total
Score
TOR Texas dba The 8 8 12.3 4.2 4.2 49.75 86.45
Organic Recycler of
Texas
The LETCO Group dba 8.8 8.6 12.6 4.2 4 55 93.2
Living Earth
Evaluation Criteria:
A) Minimum Requirements
B) Experience and Qualifications
C) Proposed Approach
D) Exceptions
E) Financial & Litigation History
F) Cost
FUNDING: Charges will be assessed on a per -ton basis with the annual cost depending on the amount of materials
delivered to be processed and with the per -ton rate in each of the first five (5) years outlined in the chart below and subject
to market -based cost adjustments starting with the first 5-year renewal. The total estimated cost for the first year of
organic waste processing services is $825,000.00. The estimated value of this contract over the potential 15-year lifetime
http://apps.cfwnet.org/council_packet/mc review.asp?ID=32293&councildate=6/25/2024 7/17/2024
M&C Review
Page 2 of 2
(first 5-year term and the up to two 5-year renewal periods) is $20,825,000.00. The estimated contract amount does not
constitute a not -to -exceed limit on the contract, as the unit prices paid to TOR Texas, LLC d/b/a The Organic Recycler of
Texas are impacted annually by the cost adjustment, growth of the City, and organics contamination. Funding is budgeted
in the General Operating & Maintenance category within the Solid Waste Fund.
Contract Year 1 Year 2 Year 3 Year 4 Year 5 Initial 5-Year Average Per
Years 1-5 Contract Term Year
Annual 25,000 26,638 26,291 26,962 27,649 132,540 26,508
Tons
Average
Cost Per $33.00 $33.00 $34.65 $36.38 $38.20 $35.05
Ton
Total 11$825,000.0011$879,054.0011$910,983.1511$980,877.5611$1,056,191.8011 $4,652,106.5111 $930,421.301
BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirements was requested and approved
by DVIN, in accordance with the MWBE Ordinance, because the purchase of goods or services is from sources where
subcontracting or supplier opportunities are negligible.
AGREEMENT TERMS: Upon City Council approval, this agreement will begin upon execution by the Assistant City
Manager and expire five years from that date (initial term). The agreement may be renewed for up to two (2) additional five
(5) year terms following the expiration of the initial term.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up
to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as
long as sufficient funds have been appropriated.
EXEMPT PROCUREMENT: The City Attorney's Office has determined that solid waste services may be exempt from
competitive bidding under the provisions of Chapter 252 of the Texas Local Government Code as necessary to preserve
or protect the public health or safety of the municipality's residents. Nevertheless, the City chose to voluntarily procure
these vendor services through the competitive process, as allowed, to ensure the City receives a fair and equitable
contract.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating
budget, as previously appropriated, and upon adoption of the Fiscal Year 2025 Budget by the City Council, funds will be
available in the Fiscal Year 2025 Operating Budget, as appropriated, in the Solid Waste Fund. Prior to an expenditure
being incurred, the Environmental Services Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID Year (Chartfield 2)
Submitted for Citv Manaaer's Office bv: Valerie Washington (6199)
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
Cody Whittenburg (5455)
Sarah Czechowicz (5164)
220RGANIC WASTE PROCESSING SERVICES RFP 24-0133 funds availabilitv.Ddf (CFW Internal)
220RGANIC WASTE PROCESSING SERVICES RFP 24-0133 Updated FID.xlsx (CFW Internal)
Form 1295 TOR 3252024.Ddf (CFW Internal)
Waiver Oraanics Processina-Solid Waste2021 sianed JK AI.Ddf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=32293&councildate=6/25/2024 7/17/2024