HomeMy WebLinkAboutContract 55870-A1 CSC No. 55870-A1
STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 55870
THIS FIRST AMENDMENT to City Secretary Contract No. 55870 is entered into by and
between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas,
acting through Valerie Washington, its duly authorized Assistant City Manager, and
Cactus Abatement and Demolition Services, LLC ("Contractor"), acting through Nelda J.
Hall, its duly authorized President.
WHEREAS, the City and Cactus Abatement and Demolition Services, LLC have
entered into that certain agreement identified as City Secretary Contract No. 55870
(also the "Contract") commencing on June 18, 2021 for services involving structural
demolition and removal, transportation, and disposal of asbestos containing materials
as authorized by Mayor and Council Communication 21-0346; and
WHEREAS, Mayor and Council Communication 21-0346 provides for the extension of
the term of the agreement for up to four (4) 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 extended the term of the initial Contract for an additional year
(second of five annual terms) on May 25, 2022 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. 55870;
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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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 to incorporate the
following into the Contract:
1. Texas Water Development Board(TWDB) Contracting Requirements for Central
Arlington Heights (CAH) Stormwater Protection Project:
a) By executing this Contract, Cactus Abatement and Demolition Services,
LLC accepts the authority of the State Auditor's Office, under direction of
the legislative audit committee, to conduct audits and investigations in
connection with any and all state funds received pursuant to this Contract.
Cactus Abatement and Demolition Services, LLC shall comply with and
cooperate in any such investigation or audit. Cactus Abatement and
Demolition Services, LLC agrees to provide the State Auditor with access
to any information the State Auditor considers relevant to the investigation
or audit. Cactus Abatement and Demolition Services, LLC also agrees to
include a provision in any subcontract related to this Contract that requires
the Cactus Abatement and Demolition Services, LLC to submit to audits
and investigation by the State Auditor's Office in connection with any and
all state funds received pursuant to the subcontract.
b) Cactus Abatement and Demolition Services, LLC and its contracted
parties shall maintain satisfactory financial accounting documents and
records, including copies of invoices and receipts, and shall make them
available for examination and audit by the Executive Administrator of the
TWDB. Accounting by Cactus Abatement and Demolition Services, LLC
and its contracted parties shall be in a manner consistent with generally
accepted accounting principles.
c) The TWDB shall have unlimited rights to technical or other data resulting
directly from the performance of services under this Contract. It is agreed
that all reports, drafts of reports, or other material, data, drawings,
computer programs and codes associated with this Contract and
developed by Cactus Abatement and Demolition Services, LLC or its
contracted parties pursuant to this Contract shall become the joint
property of Cactus Abatement and Demolition Services, LLC and the
TWDB. These materials shall not be copyrighted or patented by Cactus
Abatement and Demolition Services, LLC or by any consultants involved
in this Contract unless the Executive Administrator of the TWDB approves
in writing the right to establish copyright or patent; provided, however, that
copyrighting or patenting by Cactus Abatement and Demolition Services,
LLC or its sub-subcontractors will in no way limit the TWDB 's access to or
right to request and receive or distribute data and information obtained or
developed pursuant to this Contract. Any material subject to a TWDB
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copyright and produced by Cactus Abatement and Demolition Services,
LLC or TWDB pursuant to this Contract may be printed by the Cactus
Abatement and Demolition Services, LL or the TWDB at their own cost
and distributed by either at their discretion. Cactus Abatement and
Demolition Services, LLC may otherwise utilize such material provided
under this Contract as it deems necessary and appropriate, including the
right to publish and distribute the materials or any parts thereof under its
own name, provided that any TWDB copyright is appropriately noted on
the printed materials. Cactus Abatement and Demolition Services, LLC
and its contracted parties agree to acknowledge the TWDB in any news
releases or other publications relating to the work performed under this
Contract.
d) This Contract shall not be construed as creating any debt by or on behalf
of the State of Texas and the TWDB, and all obligations of the State of
Texas are subject to the availability of funds. To the extent the
performance of this Contract transcends the biennium in which this
Contract is entered into, this Contract is specifically contingent upon the
continued authority of the TWDB and appropriations therefore.
e) For the purpose of this Contract, Cactus Abatement and Demolition
Services, LLC will be considered an independent subcontractor and
therefore solely responsible for liability resulting from negligent acts or
omissions. Cactus Abatement and Demolition Services, LLC shall obtain
all necessary insurance, in the judgment of Cactus Abatement and
Demolition Services, LLC, to protect themselves, any subcontractors, the
TWDB, and employees and officials of the TWDB from liability arising out
of this Contract. Cactus Abatement and Demolition Services, LLC
shall indemnify and hold the TWDB and the State of Texas harmless,
to the extent Cactus Abatement and Demolition Services, LLC may
do so in accordance with state law, from any and all losses,
damages, liability, or claims therefore, on account of personal injury,
death, or property damage of any nature whatsoever caused by the
Cactus Abatement and Demolition Services, LLC, arising out of the
activities under this Contract. Cactus Abatement and Demolition
Services, LLC shall be solely and entirely responsible for procuring all
appropriate licenses and permits, which may be required by any
competent authority for Cactus Abatement and Demolition Services, LLC
to perform the subject work.
f) It is agreed that all reports, drafts of reports, or other material, data,
drawings, computer programs and codes associated with this Contract
and developed by Cactus Abatement and Demolition Services, LLC
pursuant to this Contract shall become the joint property of the Regional
Water Planning Group, Cactus Abatement and Demolition Services, LLC,
and the Texas Water Development Board. These materials shall not be
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copyrighted or patented by Cactus Abatement and Demolition Services,
LLC. Cactus Abatement and Demolition Services, LLC agrees that neither
the Regional Water Planning Group nor the Texas Water Development
Board are parties to this Contract and agrees that that these entities have
no liability under the terms of this Contract. The Texas Water
Development Board is solely a third-party beneficiary under this Contract.
g) Cactus Abatement and Demolition Services, LLC shall comply with Board
rules and adhere to all requirements in state law pertaining to the
procurement of professional services.
2. Compensation Not to Exceed Amount:
Total compensation for this Contract and all other contracts issued under authority of
Mayor and Council Communication 21-0346 shall not exceed Eight Hundred
Thousand Dollars ($800,000.00) for any annual term.
3. Miscellaneous:
All other definitions, terms, and conditions of City Secretary Contract Number 55870
shall remain unchanged except as expressly set forth herein.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
yeivkk.—, responsible for the monitoring and administration
By: Valerie,Washington(Sep 14,202216:35 CDT) of this contract,including ensuring all performance
Name: Valerie Washington and reporting requirements.
Title: Assistant City Manager
Date: Sep 14, 20;�2
By: roger grantham(Sep 12,202212:36 CDT)
APPROVAL RECOMMENDED: Name: Roger Grantham
Title: Environmental Supervisor
�^Yi111W' APPROVED AS TO FORM AND LEGALITY:
By: Juh Ragland(Sep 12,202212:38 CDT)
Name: Julianne Ragland
Title: Environmental Program Manager � u
By:
ATTEST: Name: Matthew A. Murray
Title: Assistant City Attorney
9a �cez<te S. CONTRACT AUTHORIZATION:
By: JannetteS.Goodall(Sip 14,2o2216:51CDT) M&C: 21-0346 (May 18, 2021)
Name: Jannette S. Goodall ao�4oR��a Form 1295: N/A
Title: City Secretary p 00 °°°°��y���d
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CONTRACTOR:
Cactus Abatement and Demolition,LLC
By: Nelda J.Hall(SepNelda J.Hall(Sep 1202 09:37 CDT)
CDT)
Name: Nelda J. Hall
Title: President
Date: Sep 12, 20;322
OFFICIAL RECORD
CITY SECRETARY
First Amendment to CSC No. 55870
Cactus Abatement and Demolition Services,LLC FT. WORTH, TX