HomeMy WebLinkAboutContract 61715-A161715-A1
City Secretary Contract Number
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 61715
A NON-EXCLUSIVE VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND THE LETCO GROUP, LLC
This First Amendment to City Secretary Contract Number 61715 ("First
Amendment") is entered into by and between the City of Fort Worth (hereafter 'Buyer"), a
home rule municipality and The LETCO Group, LLC dba Living Earth ("Vendor"), a
Delaware limited liability company. Buyer and Vendor may be referred to individually as a Party
and collectively as the Parties.
WHEREAS, on July 17, 2024, the Parties entered into City Secretary Contract 61715
for Vendor 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Exhibit B of the Agreement is hereby repealed and replaced with Attachment 1 to this First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
By: Valerie Washington (Aug 18, 2025 10:16:17 CDT)
Name: Valerie Washington
Title: Assistant City Manager
August 18, 2025
APPROVAL RECOMMENDED:
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By:
Name: James Keezell
Title: Assistant Environmental Service Director
ATTEST:
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By: ,,a °°°°p°od
Name: Jannette S. Goodall
Title: City Secretary
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The LETCO Group, LLC DBA Living Earth,
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By: Mannv Rodrlpuer(AUp 13, 202518:13-16 CDT)
Name: Manny Rodriguez
Title: Chief Executive Officer
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 15, 2025 13:53:02'CDT)
Name: Christian Harper
Title: Contract Service Administrator
APPROVED AS TO FORM AND LEGALITY:
M. Kevin Anders, 11
By: M. Kevin Anders, II (Aug 17, 2025 16:49:39 CDT)
Name: M. Kevin Anders, II
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0406
Date Approved: May 14, 2024
Form 1295 Certification No.:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract Number
ATTACHMENT 1
EXHIBIT B
PAYMENT SCHEDULE
Unit Pricing For Brush and Yard Waste Per Ton or Per Vehicle
Unit Pricing
Unit Pricing (Vehicles)
Amended
Tons
Contract Rate
0 — 5,000 tons
0 — 850 vehicles
$30.75
5,001 — 10,000 tons
851 — 1,700 vehicles
$30.75
10,001 — 15,000
1,701 — 2,550 vehicles
$30.75
15,001 — 20,000
2,551 — 3,400 vehicles
$30.75
Over 20,000 tons
Over 3,400 vehicles
$29.72
Unit Pricing for Optional Additional Materials (Excluding Biosolids)
Unit Pricing (Tons)
Unit Pricine (Per
Amended Unit Price
Vehicle)
(Per Cubic Yard)
0 —
5,000 tons
0 — 850 vehicles
$8.20
5,001
—10,000 tons
851 — 1,700 vehicles
$8.20
10,001
—15,000 tons
1,701 — 2,550 vehicles
$8.20
15,001
— 20,000 tons
2,551 — 3,400 vehicles
$8.20
Over
20,000 tons
Over 3,400 vehicles
$8.20
CITY PURCHASE PRICING FOR MARKET -READY PRODUCTS
Finished Proiect Twe
Mulch (Additional to the mulch
provided to the City at no
additional cost in accordance
with Section 8.19)
Texas Hardwood Mulch
Fine Shredded Hardwood
Premium Colored Mulches
Organic Compost, STA
Amended Unit Price (Per
Cubic Yard)
N/A
$19.47
$29.72
$27.67
$27.67
City Secretary Contract Number
Landscaper's Mix
$30.75
Tree and Shrub Mix
$35.87
Mixed Soil with Compost
$37.92
Kiddie Cushion Play Surface
$37.92
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/14/24 M&C FILE NUMBER: M&C 24-0406
LOG NAME: 22ORGANIC WASTE PROCESSING SERVICES
SUBJECT
(ALL) Authorize the Execution of a Service Agreement with Five -Year Term With The LETCO Group, LLC d/b/a Living Earth for Organic Waste
Processing Services in an Estimated Amount of $825,000.00 for the First Year for the Environmental Services Department (Continued from a
Previous Meeting)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a service agreement with five-year term with The LETCO Group, LLC d/b/a
Living Earth for organic waste processing services in an estimated amount of $825,000.00 for the first year and authorize two, five-year renewal
options for the Environmental Services Department.
DISCUSSION:
The Environmental Services Department issued a Request for Proposal (RFP) to procure an agreement 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
specific material from the Southeast Landfill (SELF). These processing services are essential to preserving and protecting the long-term public
health and safety of the City's residents. The awarded vendor 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 clean brush and yard waste directly to the composting facility as long as the
material meets the quality standards of the current residential program.
In order to procure these services, the Environmental Services Department purchasing staff issued Request for Proposal (RFP) No. 24-0133. The
RFP consisted of detailed specifications describing the project background, vendor requirements, and other requirements to perform the services.
The RFP was advertised in the Fort Worth Star -Telegram on February 14, 2024, February 21, 2024, February 28, 2024, March 6, 2024, and
March 13, 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. After evaluations were concluded, the vendor with the highest score
was The LETCO Group, LLC d/b/a Living Earth (Living Earth). Staff reviewed the pricing and determined it to be fair and reasonable. After
evaluation, the panel concluded that The LETCO Group, LLC d/b/a Living Earth presents the best value and the necessary coverage for the City.
No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor proposal meets
specifications.
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 (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 The LETCO Group, LLC d/b/a Living Earth are impacted
annually by the cost adjustment, growth of the City, and organics contamination. Funding is budgeted in the General Oper & Maint category within
the Solid Waste Fund.
Contract Initial 5-Year Average Per
Years 1- Year 1 Year 2 Year 3 Year 4 Year 5 Contract Term Year
5
Annual 25,000 26,638 26,291 26,962 27,649 131,540 26,308
Tons
Average
Cost $33.00 $33.00 $34.65 $36.38 $38.20 $4,619,208.00 $923,842.00
Per Ton
BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirements was requested and approved by DVIN, in accordance
with the applicable 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 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 this agreement 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, in the Solid Waste Fund. Prior to an expenditure being incurred, the Environmental Services Department has the responsibility to
validate the availability of funds.
Submitted for Citv Manaaer's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head: Cody Whittenburg 5455
Additional Information Contact: Sarah Czechowicz 5164