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Home My WebLink AboutContract 28358-A2E1 (VrY SECREAW P V1 ^-rgTRACT NO. STATE OF TEXAS § COUNTIES OF TARRANT, § DENTON, PARKER AND WISE § SECOND AMENDMENT TO THE 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 "SECOND AMENDMENT TO THE 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 CONTRACT" ("Contract") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation in Tarrant, Denton, Parker and Wise Counties, Texas, acting herein by and through Rudolph Jackson, its duly authorized Interim Assistant City Manager, hereinafter called "City", and Waste Management of Texas, Inc., a Texas corporation doing business in Texas, acting herein by and through Donald J. Smith, its duly authorized President, hereinafter called "Contractor." WITNESSETH: I. WHEREAS, the City and Contractor have heretofore executed on April 24, 2013, the above-referenced Contract for Contractor's exclusive collection of residential Garbage, Refuse and Small Bulky Waste, Recyclables, and certain Commercial Solid Waste, Yard Waste, C&D and Large Brush and Large Bulky Waste within the City; and WHEREAS, the City and Contractor have been working diligently since 2013 to develop and implement a plan that encompasses converting the Contractor's vehicle fleet to compressed natural gas ("CNG"), which plan includes providing the City with ten CNG fueling stations dedicated solely to the City's use on City-owned property, and moving Contractor's collection and maintenance facility to the City's property located at 5000 Martin Luther King Freeway, Fort Worth, Texas pursuant to a lease agreement("Lease"); and WHEREAS, Contractor was unable to meet the deadlines for its obligation to convert its entire fleet of diesel powered collection vehicles that service the City under this Contract to CNG, and to construct or move to a new collection and fleet maintenance facility within the City limits pursuant to Article 10 Section A.3 and A.4 of the Contract. 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 as follows: 1 2 3 4 5 9N� 6 e 0 CP 9 OFFICIAL RECORD Second Amendment - Page 1 CITY SECRETARY FT.WORTH,TX ,� 1. Extension of Obligations in Articles 10.A.3 and 10.A.4 of the Contract. The City and Contractor hereby agree to amend the deadline to convert its entire fleet of diesel powered collection vehicles that service the City under this Contract to CNG, and to construct or move to a new collection and fleet maintenance facility within the City limits pursuant to Article 10 Section A.3 and A.4 of the Contract to now be June 9, 2017. 2. Miscellaneous. Nothing contained herein shall be deemed to amend or modify the Contract, except as expressly set forth herein. Any capitalized term used herein, but not defined herein, shall have that meaning set forth in the Contract. ,,:VIN WITNESS WHEREOF, this Second Amendment has been fully executed on the , day of 2015. CONTRACTOR: WASTE MANAGEMENT OF TEXAS, INC. Donald J. Sry ith President Date Signed: CITY OF FORT WORTH, TEXAS APPROVED AS TO FORM AND LEGALITY: -� �A Uk, `2 , Rudolph k n ChrisVa R. Lopez-RWy6lds Assistant City Manager Sr . Asst. City Attorney Date Signed: 7 -,k O - 1-5 AT � pp° °�7T Q1 000° , 0 Nfary ayse l S 1- 070 City Secretary Is -1 0'4 Approved by M&C C-27319 OFFICIAL RECORD CITY SECRETARY Second Amendment - Page 2 F�:yYORTH,TX City of Fort Worth, Texas Mayor and Council Communication -' COUNCIL ACTION: Approved on 6/2/2015 DATE: Tuesday, June 02, 2015 REFERENCE NO.: C-27319 LOG NAME: 23SECOND CONTRACT AMENDMENT WM SUBJECT: Authorize Execution of the Amendment No. 2 to City Secretary Contract No. 28358-E1, Extension and Restatement of the Contract for Collection of Residential Garbage, Refuse and Bulky Waste, Recyclables, Certain Commercial Solid Waste, Yard Waste, Construction and Demolition, and Large Brush with Waste Management, Inc. (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 2 to City Secretary Contract No. 28358-E1, Extension and Restatement of the Contract with Waste Management of Texas, Inc., for the collection of residential garbage, refuse and bulky waste, recyclables, certain commercial solid waste, yard waste, construction and demolition, and large brush to extend the deadline for Waste Management, Inc.'s requirement to convert its residential fleet to compressed natural gas powered engines and to construct a new truck fleet support and maintenance facility as required by Sections 10.A.3 and 10.A.4 of the contract. DISCUSSION. On January 29, 2013, (M&C C-26067) the City Council authorized City Secretary Contract No. 28358-E1 with Waste Management of Texas, Inc. (Waste Management), as an extension and restatement for the collection of residential garbage, refuse and bulky waste, recyclables, certain commercial solid waste, yard waste, construction and demolition, and large brush. Under the current terms of the contract, Waste Management is obligated to convert its residential fleet of 105 trucks to Compressed Natural Gas (CNG) instead of diesel powered engines within the first three years of the renewal term and to construct a new truck fleet support and maintenance facility within the city limits within the first three years of the renewal term. The three year time period was memorialized in the contract in Section 10.A.3 and 10.A.4 and the deadline for these requirements to be met is March 31, 2016. Waste Management has been working with the City since June of 2013 to develop a plan to move its collection and maintenance facility to a new location and to convert its vehicle fleet to CNG. Part of that plan includes Waste Management constructing and providing to the City 10 CNG fueling stations designated specifically for the City's use on the City's property located on Martin Luther King Boulevard (MLK Property). In addition, Waste Management will enter into a long-term lease with the City on the MLK property and as part of the proposed lease construct and improve the MLK property to include new maintenance and fueling facilities for Waste Management's fleet of CNG collection vehicles as well as improve the portion of the MLK property in which the City will continue to occupy. The City Council authorized the execution of an Agreement with Waste Management to lease approximately 13 acres of City of Fort Worth property located at 5000 Martin Luther King Freeway and waived permit fees on December 09, 2014 by M&C G-18381. Because the parties continue to negotiate Logname: 23SECOND CONTRACT AMENDMENT WM Paize 1 of 2 the lease terms and execute the Agreement, Waste Management has requested and solid waste staff recommends that the deadlines in Section 10.A.3 and 10.A.4 be extended until June 9, 2017. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of this recommendation, the extension of the contract noted above will have no material effect on the Solid Waste Fund budget. While no current year impact is anticipated from this action, funds will be requested in Fiscal Year 2016 Solid Waste Fund budget for any contractual obligations associated with this contract and that prior to an expenditures being made, the Code Compliance Department has the responsibility to validate the availability of funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Rudolph Jackson (6199) Originating Department Head: Brandon Bennett (6345) Additional Information Contact: Brandon Bennett (6345) ATTACHMENTS No attachments found. Logname: 23 SECOND CONTRACT AMENDMENT WM Page 2 of