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Home My WebLink AboutContract 41788-A5 ITY SF "'ONTRACT NO. STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § 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 F 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, atl,l odrotran' valuable consideration, the receipt and sufficiency of which are WOO1 and confessed, the parties hereto agree as follows: m ) „iX FOaawdme°nflb—Contract#a,7ss RECEIVED JUR.44 m Veolia ES Technical Solutions, LLC 1. Extended term of contract: City Secretary Contract number 41788 is extended to include the to beginning on May 17, 2014 and ending on May 16, 2015. 2. C-gonipensation Tot to Excqed Amount. Compensation shall not exceed one hundred fifty thousand dollars ($150,000,00) for the to of this amendment, billable according to the fee schedule and subject to all other to and conditions 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 CONTRACTOR Veolia ES Technical Solutions,LLC BY B Fernando Costa M14itchboml4ee/- Assistant City Man %g r Branch Manager Date: APPROVED AS TO FORM WITNESS.- -".1 77 AND LEGALITY: Assistant City Al;torrrey ;°, AT -ST: A, Miry J. a e City Secre ary Fifth amendment to contract#41788 1 7 OFFIGWJAE-CORD Veofta ES Technical Solutions,LLC — huthorizatiOX 11 contracit CITY SECREURY F111[i WORTH, TX Date .....—111111111�............"" City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/25/2011 DATE: Tuesday, January 25, 2011 REFERENCE NO.: **C-24690 LOG NAME: 20CITYHW—VEOLIA SUBJECT: 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 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 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 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 represerIVAtive to the contractor within 30 days of the expiration of the to and does not require specific City ouncil approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. A waiver of the M requirements was requested by the departn-jent and approved by the M E office because the purchase of services is from sources where subcontracting or supl.-Aier opportunities are negligible. FISCAL INEMMM: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated,of the Environmental Management Fund. ND CENT 1Q-Fun d,2AUAU-nkCkUk-r-a FROM Fund/Account/Cenkn CER11FiCA,rj0Ns: Fernando Costa (6122) Dartment ead: Williarn.A.Verkest (780 1) Additional Inicar ati nn "on act: Michael A, Gange (6569) MAUMENIS 1, WBE Waiver DEAjlOzLjLLAZgd 2. zzzz 20 a ACC>RV DATE(MMADIVYYVY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT It the certificate holder Is an ADDITIONALINSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CB—NTAC Marsh USA,Inc. '.YAMK� PHONe-- 540 W Madsen Steel ..J�lMr-4N.Q.FMI---, Chicago,k W861 IL Alin V CertReques*marsh cart I Fax,212-948-5053 .................... AGE, xalca BAY-TS INSURER A�ACE Amencon Insurance Ccwwpny ................. ........... ........... ............................. ....... ....................------ -.111......................... RISIURED INSURER 8�I-manglarr Insurance Cornicany 19437 Veolia EST echnical Solutions,LLC ----............-................-- ......... 18M SvAh HVIr"146 JNSURER C:NA ....................... ................... ............... N A Wow,TX 77520 I SURER D: IN SUER-..................---------------........ IRS E ------- - INSURER F, COVERAGES CERTIFICATE NUMBER: CHW04796118-17 REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. __...._..__....I NSR POLICY EFF POLI( YY TYPE®F INSURANCE POLICY NUMBER 19M29M--yy-L IMM-W—MY11. LIMITS A GENERAL LIABILSTY 01-01-2014 01-01-2015 EACH OCCURRENCE 3 2 D00,000 COMNIERCIALGENERAL LIABILITY r v-, UR CLAIMS-MADE OCC PeRS'0NAL,&.ADV INJURY S .. M .................. qENEL AGGREGATL g S 2=0D0 ..........—1........... 20L TS.Lsnh P/qt.AqG GEN'L AGGREGATE LIMIT APPLIES PER. -'As 10,00000 PDLcy F-]PRO- =1 -+SSA I-100661A 01-01-2014 Of-01.21}15 COMBINED SINGLE LIMIT 5, A AUTOMOBILE LIABILITY ffaas;�krtl;) I S GOD11,Y INJURY",v perscn)'Ys ANY AUTO ALI.OVeRED SCHEOULED BODILYINJUR'9'( AU10S AUTOS .......... ..........-........ NC)N*0WNEO S HIREDAUTOS AU 106 .......... ...... HIRED AUTI 3S UMBRELLA UAS E HOCCURRENCE �s EXCESS'.L.. --d XCESS LLAS CLAIM-SMADC AGGREGATE ........... ......................... IDED RETENTIONS Is — —A BIKERS COMPENSATION WLR C47877891(A1018) 01-01.2014—01-01'L2015 STA;rU- 0.rl� AND EmPLOYERT LIABILITY YiN I 'W""St., 0 1-0 1 2,014 1.0w,000 A ANY PROPRIETOR/PARTNERiEXE.CUTIVF SGF C47,871-18.8A IWO(Relro) 01012015 E L.EACH ACCIDENT OFFICERNEMBER EACLU IVAI 1, "--l-I 0-- ------- .................-....... E,L DISEASE EA EIVIPLOYE�S 1,000,000 (Mandatory In NH) ................. Q(es describe Wrier om000 El DISEAEW-P(I)CY LIMIT S DES RIPTI N OF OPERATIONS below I F0 —TO7-01-�13 01-01-2015 Each Incidenit 4,0000DO B Pollution Legal Uabd ty JIS4667 Claim Made Form Aggregate 4.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ArIaGh ACORD 101,Additional Remarks schedule,Ir more space to requiredi Re:Pr DEM 1011'.HAZ Oty of Fort Worth,DeR of Tranponation and Public Works is Included as additional insured(ex p(as respects all c*eahags afforded by verkm'ampensidion)4ere"red by writion 0ontrairl butonfy for wealkly angngotdof saa operstomsof IN named trist red. A wm' ver of subrogelian Is granlad as mWirod it ekites trend but onV for liabrair arang"of the operations of ft named insured CERTIFICATE HOLDER CANCELLATION oty of I--ort worth.Dawkwt of SHOU LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7ransfwirtslion and Public Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN t6W TrIvac*mcdon S#eW ACCORDANCE WITH THE POLICY PROVISIONS. Fan Worth,TX 76102 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashl Mukharlea (D 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 23(2010106) The ACORD name and logo are registered marks of ACORD .......... ................. .........._........... 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-t.o__$-50K.-1-- A ic c o un t M-a-n-a ge_r-or 0-Ip e-r a i-i-on--s-- Account-M_-a---n—a g e_r, Operations-, - -_ (Annual Contract Revenue) Manager Manager,Sales Manager,or Branch Manager Sales Manager or Branch Manager Sales Manager or Branch Manager 2. Estimated annual value of$50K to$500K 3. Estimated annual value of$500K to Branch Manager and either Sr. VP Ops $1.5MM VP/VP-Operations or VP-Sales Also includes VENA Contracts with changes approved by Regional Legal Counsel except Indemnification, Customer/Contractor warranties, Insurance, and Damages. ....................... Risk Memo Risk Memo 4. Estimated annual value greater than VP-Operations,VP-Sales and $1.5MM President-and Risk Memo ........... ........ Notes: 1, Standard Services Include.-, A. Treatment Services B. Transportation and Treatment Services 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. I Page Agreement B. 5 Page Agreement .................. ............ .......................L............... ............................ ........ ..................... ......... ...____r_____ .. ..... .._ __ ..Type of Legal Document _........._ __re_ Approvals Required � � Signature Authority C. Bids, Proposals and Contracts with Customers— Customer contracts (On "Their" Paper) Purchase Orders _ ..._ _..._....._._....__._.............................._.__....... __ .._..._.........._.__....__._._ ._........._..____.. __......._..........._.... 1. Estimated annual value of to$50 Legal Review Approval Branch G Regional Legal Sales Manager Branch G I 2. Estimated annual value of$501(to$1 M. Legal Review Branch GM Regional Legal VP Ops Branch G Includes any amendment that does not change scope of original agreement. _® ..... _ .... _ .... __..___ _..._.__....._..... _.___..._ _____.._._......_._......�.............__....._._..__...................... ._._.__...._........... .. . Estimated annual value >$1M (Annually). VP O s Risk Memo Regional Legal Risk Memo __..__�....._._._... _...... __._.........__.... µ_..........._.._..____.._...................__._....__...._ .._..__._........_____._.............._.._.....__....._.__................______.............._....._.._....._...............__.. .___._..._........_.._. ._......._.._. Any Customer contract that requires AP Risk Memo _.._. _._....._ _._._.__.......__.._. _.._........� ._... ._____............_._...._....®. I REAL ESTATE I _ _ _.....__.__......_ _.....____._..__..........._...___.__ _..._ _.. .........___....__._...... A. Leases 1. Not more than$10K/rno." not more than Regional Legal Branch Manager $500K total for life of lease and not more VP than 5 years in duration 20 More than$10K/rnonth,$500K total for VP Ops Risk Memo life of lease or more than 5 years in Regional Legal duration Risk Memo ____..... _.._.. ___.__. _.__._ _...._ _...... __.. _..._._...__ _. ......_..._....w Note: Short ter equipment leases x:$10 ....._..®__ just requires legal review and Branch G Signature,