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HomeMy WebLinkAboutContract 45782-A3 NE© C"'ITY SECRETARY © n CONTRACT NO, L ni►� 21 2016 STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 45782 THIS THIRD AMENDMENT to City Secretary Contract No. 45782 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 Industrial Hygiene and Safety Technology, Inc. ("Contractor"), acting through Dana M. Bramlett, its duly authorized Chief Executive Officer. WHEREAS, the City and Industrial Hygiene and Safety Technology, Inc. have entered into that certain agreement identified as City Secretary Contract No. 45782 (also the "Contract") commencing on July 25, 2014 for asbestos, mold, and industrial hygiene consulting services as authorized by Mayor and Council Communication C-26842; and WHEREAS, the 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, 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, the parties wish to extend the term of the initial contract for an additional year (second of four) and sufficient funds have been appropriated; and WHEREAS, the First Amendment to City Secretary Contract No. 45782 increased the contract amount to $264,000 for the original one-year contract term only; and WHEREAS, the Second Amendment to City Secretary Contract No. 45782 extended the original one-year contract term; and WHEREAS, the parties agree that all other conditions, terms, and pricing shall remain the same as stated in City Secretary Contract No. 45782; 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. Extended term of contract: City Secretary Contract No. 45782 is extended to include the term beginning July 25, 2016 and ending July 24, 2017. OFFICIAL RECORD CITY SECRETARY Third Amendment to Contract#45782 FT. WORTH,TX Page 1 of 2 Industrial Hygiene and Safety Technology, Inc. 2. Compensation Not to Exceed Amount: Compensation shall not exceed one hundred thirty thousand dollars ($130,000.00) for the term of this amendment, billable according to the compensation schedule of City Secretary Contract No. 45782 and subject to all other terms and conditions as stated in City Secretary Contract No. 45782. 3. Miscellaneous: All other definitions, terms, and conditions of City Secretary Contract No. 45782 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 Industrial Hygiene and Safety Technology, Inc. BY:75j� Ie4 ,— BY: Fernando Costa Dana M. Bramlett Assistant CityPan�ger Chief Executive Officer Date: G/ZI /IG APPROVED AS TO FORM WITNESS: AND LEGALITY: 1A,,_ I't ls Arthur N. Bashor Assistant City Attorney �AOR?' Cody M itten rg O� Enviro ental M ag H a•i M Q C C�26 X 4? AM" 7—�' ATT T: �' , R ATE SEAL: 5 Miry J. ys r City Se e ry Date: N---- RECORD RETARY TH, TX Third Amendment to Contract#45782 2 of 2 Industrial Hygiene and Safety Technology, Inc. 6/20/2016 M&C Review n F-i l7.' I_e.. CITY COUNCIL AGENDA FORT ORIH COUNCIL ACTION: Approved on 7/15/2014 DATE: 7/15/2014 REFERENCE NO.: **C-26842 LOG NAME: 20AMIHS2014 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Professional Services Contract with Industrial Hygiene and Safety Technology, Inc., in an Amount Not to Exceed $130,000.00 per Contract Year for Industrial Hygiene, Asbestos and Mold Assessment Services (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a professional services contract with Industrial Hygiene and Safety Technology, Inc., for industrial hygiene, asbestos and mold assessment services not to exceed an amount of$130,000.00 per contract year, for a term of one year with the option to renew for three additional terms of one year each. DISCUSSION: The Transportation and Public Works Department, Environmental Management Division contracts for professional services for the provision of industrial hygiene, asbestos and mold consultant services to be provided on an as-needed basis. A Request for Qualifications (RFQ) for industrial hygiene, asbestos and mold assessment services was posted on the City's Purchasing website on March 13, 2014 and advertised in the Fort Worth Star- Telegram on March 1, 2014, March 5, 2014 and March 19, 2014. The Statements of Qualifications were received on April 10, 2014. Staff first reviewed the Statements of Qualifications received and selected Industrial Hygiene and Safety Technology, Inc., based on demonstrated competence and qualifications to perform the services. Staff then reviewed the sealed cost proposal and determined the prices submitted to be fair and reasonable. Staff recommends award of the contract to Industrial Hygiene and Safety Technology, Inc. The contract term will be for one year, with three successive, one-year options to renew. Renewal options may be effected by the City Manager or his designated representative to the contractor within 30 days of the expiration of the prior term and does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. M/WBE Office - Industrial Hygiene and Safety Technology, Inc., is in compliance with the City' s BDE Ordinance by committing to five percent MBE (African American) participation on this project. The City' s goal on this project is five percent. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Environmental Protection Operating Fund (R103). TO Fund/Account/C enters FROM Fund/Account/Centers R103 539120 0204106 $130,000.00 Submitted for City Manager's Office by_ Fernando Costa (6122) http://apps.cfwnet.org/council_packet/mc review.as p?I D=19789&counciIdate=7/15/2014 1/2 6/20/2016 M&C Review Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Michael A. Gange (6569) ATTACHMENTS http://apps.cfwnet.org/council_packeYmc_review.asp?ID=19789&councildate=7/15/2014 2/2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos.l-4 and 6 if there are interested parries. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-73028 Industrial Hygiene and Safety Technology,Inc. Carrollton,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 06/20/2016 being filed. The City of Fort Worth,Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 45782 Asbestos,Mold and Industrial Hygiene Consulting Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Johnson,Derrick Flower Mound,TX United States X Bramlett,Tracy Dallas,TX United States X Bramlett,Dana Dallas,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of per)ury,that the above disclosure is true and correct. PL- WENDI FAHNESS REALZOLA Notary Public.State of Texas +7i My Commission Expires '�• ,�;;` June 22, 2016 Signature of authorized agent of contracting business en i AFFIX NOTARY STAMP Jr SEAL ABOVE _ (_�(}�.;{. �/ `� J^� Sw n to and subscribed before me,by the said I l �hrL D 1 t.G/l this the 2•v day o 20=.to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM ZZgS 10111 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-73028 Industrial Hygiene and Safety Technology,Inc. Carrollton,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 06/20/2016 being filed. The City of Fort Worth,Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 45782 Asbestos,Mold and Industrial Hygiene Consulting Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Johnson,Derrick Flower Mound,TX United States X Bramlett,Tracy Dallas,TX United States X Bramlett,Dana Dallas,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct E- AFFIX �,, WENDI FARNESS REALZOLA !A Notary Public State of Texas MY Commission ExpiresJune 22,2016Signature of authorized agent of contracting business en i NOTARY STAMP F SEAL ABOVE n i�.I,� _ Sw n to and subscribed before me,by the saldlJt`�''�t.>IL�W1`��' VTI I .this the 2-0 day of�SLn e— 1 20=,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity Tiling form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-73028 Industrial Hygiene and Safety Technology,Inc. Carrollton,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 06/20/2016 being filed. The City of Fort Worth,Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 45782 Asbestos,Mold and Industrial Hygiene Consulting Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Johnson,Derrick Flower Mound,TX United States X Bramlett,Tracy Dallas,TX United States X Bramlett,Dana Dallas,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct uuuq 0 WENDI FANNESS REALZOLA Notary Public,State of Texas My Commission Expires L ..�QQQ VVV June 22, 2016 Signature of authorized agent of contracting business en i h�qund� AFFIX NOTARY STAMP f SEAL ABOVE n , _ Sw n to and subscribed before me,by the saidV f`^'I��rr' VT{1 .this the 2-0 day 20�� .to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us version V1.0.1021 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: 6/14/16 NAME OF PROJECT: CONTRACT FOR ASBESTOS, MOLD, AND INDUSTRIAL HYGIENE CONSULTING SERVICES PROJECT NO. ENV- 14-02: AMIHS CONTRACTOR: Industrial Hygiene and Safety Technology, Inc. 2235 Keller Way Carrollton, TX 75006 Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. �0 DATE(MM(DD/YYYY ACO )CERTIFICATE OF LIABILITY INSURANCE 6/15/2016 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: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)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 CONTACT NAME: Angela Barron TEI Insurance Agency, Inc. PHONE (800)727-7124 FAX (972)288-2608 (A/C,Not: P. O. BOX 850746 ADDRESS: INSURENS)AFFORDING COVERAGE NAIC s Mesquite TX 75185-0746 INSURERA:Westchester Surplus Lines Insurance INSURED INSURER B Travelers Casualty Ins. Co Industrial Hygiene Safety INSURERCTexas Mutual Ins. Co. 22945 Technology, Inc. INSURER D: 2235 Keller Way INSURERE: Carrollton TX 75006 INSURER F: COVERAGES CERTIFICATE NUMBER-CL1641902134 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 WITH 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. 'NSR TYPE OF INSURANCE B POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD MM/DD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 DAMA ET N ED A CLAIMS-MADE F—x] OCCUR PREMIE Eaaccurrence $ 50,000 X Y G27975094 001 4/20/2016 4/20/2017 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 R X POLICY F. PO- ❑ Je LOC PRODUCTS-COMP/OPAGG $ 5,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X AUTOS X AUTOS X Y BA-741ON270-15 7/28/2015 7/28/2016 BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident S UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X R H- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? n N I A (Mandatory In NH) y SBP0001093070 11/19/2015 11/19/2016 E.L.DISEASE-EA EMPLOYEO$ 1,000,000 I yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Proffessional Liability 627975094 001 4/20/2016 4/20/2017 Per Occurrence $5,000,000 A Pollution Liability G27975094 001 4/20/2016 4/20/2017 Aggregate $5,000,000 i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) Project: Annual Contract for Industrial Hygiene and Asbestos Services, Fort Worth, Texas The City of Fort Worth, its officers, agents, employees, representatives, and volunteers are named as additional insured as respects operations and activities of or on behalf of the named insured performed under contract with the City of Fort Worth. A waiver of subrogation in favor of the City of Fort Worth. 30 day notice of cancellation applies. Work performed by the following subcontractors that is CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth, TX THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Bret Jones/ASB ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS0251?m401) COMMENTS/REMARKS performed on behalf of Industrial Hygiene & Safety Technology, Inc, and while acting as a subcontractor for them is covered: Stan's Environmental Services Scott Scales, AM/PM Tech Services Mark Scales, Mark's Environmental OFREMARK COPYRIGHT 2000, AMS SERVICES INC. CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Transportation and City of Fort Worth Project No. ENV 14-02 : AMIHS. CONTRACTOR Industrial Hygiene and Safety Technology, Inc. Name: DIII(ACL M. UKr-M 1C.+ Title: C C4— Date: STATE OF TEXAS § COUNTY OF TARRANT § L�xa bra w►1 B fore me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of IHST, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 15 day of`)LA-he- , 20 Notary Pubi , 2a WENDI FAHNESS REALZOLA Notary Public,stare of rexos Texas +�r My Commission Expires . oF ,� June 22, 2016 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Non-resident vendors in (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) is in the State of Texas. 0 Bidder: Mr. Dana M. Bramlett Chief Executive Officer Industrial Hygiene and Safety Technology, Inc. 2235 Keller Way Carrollton, TX 75006 brain By: (Please(Please Print) Signature Title (Please Print)