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HomeMy WebLinkAboutContract 58056-A1CSC No. 58056-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 58056 This Amendment is made between the City of Fort Worth ("City") and North Texas Hydromulching & Services, LLC ("Vendor"). WHEREAS, Fort Worth and Vendor entered into a non-exclusive Agreement for landscape irrigation services for the Water department, identified as Fort Worth City Secretary Contract No. 58056 beginning September 6, 2022 (the "Agreement"); and WHEREAS, it is the collective desire of both City and Vendor to amend the Agreement to increase the total compensation amount from $86,000.00 to reflect the collective spending authority provided for under M&C 22-0610 (approved 08/23/22). NOW THEREFORE, Fort Worth and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1. Section 3 of the Agreement, Compensation, is hereby deleted and replaced in its entirety to read as follows: City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total payment made under this Agreement for the first year by City shall not exceed One Hundred, Seventy -Three Thousand Dollars ($173,000.00). The Parties acknowledge that this is a non-exclusive agreement to provide landscape irrigation services and there is no guarantee of any specific amount of purchase. Further, Vendor recognizes that the not to exceed amount mentioned above is the total amount of funds available, collectively, for any Vendor that enters into an agreement with the City under Mayor and Council Communication No. 22-0610 (August 23, 2022) and that once the collected not to exceed amount has been exhausted, funds have therefore been exhausted under this Agreement as well. Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 2. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 58056 Page 1 of 2 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth IDana 59111-,�aGIb# By. Dana Burghdoff (Aug 1, 202313:1-�CDT) Name: Dana Burgdoff Title: Assistant City Manager Date: Approval Recommended; By: Christopher H rder (Jul 27, 2023 12:48 CDT) Name: Chris Harder Title: Water Director Attest: a4400an�n em s°i MtR k° pro o;00Idd �OF�*d C� as s ab bnaCn]Cp o4 By. Name: Jannette Goodall Title: City Secretary VENDOR: North Texas Hydromulching and Landscape Services, LLC. By: Name: Nancy Al eida Title: Owner Date: 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: ►tad Name: Regina Jo s Title: Contract Compliance Specialist Approved as to Form and Legality: By: Name: Jessika J. Williams Title: Assistant City Attorney Contract Authorization: M&C: 22-0610 5-23-2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fart Worth City Secretary Contract No. 58056 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, August 23, 2022 REFERENCE NO.: **M&C 22-0610 LOG NAME: 13P ITB 22-0143 LANDSCAPE IRRIGATION SERVICES MC WATER SUBJECT: (ALL) Authorize Non -Exclusive Purchase Agreements with North Texas Hydromulching and Landscape Services, LLC and C.Green Scaping, LP for Landscape Irrigation Services for the Water Department in a Combined Annual Amount not to Exceed $146,000.00, and Authorize Five One -Year Renewals Options in the Amount of $175,200.00 for the First Renewal, $210,240.00 for the Second Renewal, $252,288.00 for the Third Renewal, $302,746.00 for the Fourth Renewal and $363,295.00 for the Fifth Renewal RECOMMENDATION: It is recommended that the City Council authorize non-exclusive purchase agreements with North Texas Hydromulching and Landscape Services, LLC and C.Green Scaping, LP for landscape irrigation services for the Water Department in a combined annual amount not to exceed $146,000.00 and authorize five one- year renewals options in the amount of $175,200.00 for the first renewal, $210,240.00 for the second renewal, $252,288.00 for the third renewal, $302,746.00 for the fourth renewal and $363,295.00 for the fifth renewal. DISCUSSION: The Water Department approached the Purchasing Division to procure landscape irrigation services.The services will be used where irrigation equipment and/or lines are damaged by City work crews during other construction, repair and installation projects on City owned/operated facilities, right-of-ways, storm water channels, citizen's homes, and industrial areas. In order to procure these services, staff issued an Invitation to Bid (ITB). ITB No. 22-0143 consisted of detailed specifications outlining service expectations and performance. No guarantee was made that the City would purchase specific quantities. This bid was advertised in the Fort Worth Star -Telegram on June 22, 2022, June 29, 2022, July 6, 2022 and July 13, 2022. The City received three (3) responses. An evaluation panel consisting of representatives of the Water and Transportation and Public Works departments reviewed and scored the submittals using Best Value criteria. The individuals scores were averaged for each criteria and the final scores are listed in the table below. Evaluation Criteria Bidders a b c d Total Score Rank North Texas Hydromulch & Landscape Services, 15.00 12.00 9.00 40.00 76.00 1 LLC C.Green Scaping, LP 13.33 10.00 8.00 21.73 53.06 2 Lawn Patrol Service, Inc. 14.17 10.67 9.00 0.00 33.84 3 Bed Value criteria: a. Bidder's qualifications and references related to the scope of work; b. Bidder's ability to meet the City's timeframes requested in this bid; c. Bidder's ability to meet the City needs; d. Cost of Service. After evaluation, the panel concluded that North Texas Hydromulching and Landscape Services, LLC and C.Green Scaping, LP presented the best value for the City. Therefore, the panel recommends that Council authorize this agreement to North Texas Hydromulching and Landscape Services, LLC and C.Green Scaping, LP. Based on the user department anticipated usage, staff recommends multiple non-exclusive agreements be awarded to the listed vendors to ensure demands are met in a timely manner. Under these non-exclusive agreements, departments will order services according to lowest cost and availability. Staff certifies that the recommended vendors bid met specifications. Due to market volatility caused by supply chain disruptions, it may be necessary to increase the total compensation for each annual renewal term. Therefore, it is recommended that Council authorize a total compensation increase for the renewal terms, if exercised, of 20\% each year. The total compensation for the initial term of the contracts shall not exceed $146,000.00, $175,200.00 for the first renewal, $210,240.00 for the second renewal, $252,288.00 for the third renewal, $302,746.00 for the fourth renewal and $363,295.00 for the fifth renewal. FUNDING: The maximum amount allowed under this agreement for the initial term will be $146,000.00, however the actual amount used will be based on the need of the department and available budget. The annual department allocation for this agreement is: Estimated Department Annual Account Name Amount Water $ 146,000.00 5330201 - Other Contractual Services Funding is budgeted in the Water Department rollup within the Water and Sewer Fund. DVIN-BE: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. 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. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire on September 30, 2022. RENEWAL OPTIONS - The Agreement may be renewed for five (5) one-year renewal periods (October 1 st to September 30th). This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water and Sewer Fund to support the approval of the above recommendation and award of the agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDs).: TO Fund Department Account Project programActivity Budget Reference # (Chartfield Amount ID ID Year 2) FROM Fund Department Account Project programActivity Budget Reference # (Chartfield Amount ID ID Year 2) CERTIFICATIONS: Submitted for City Manager's Office by: Reginald Zeno (8517) Dana Burghdoff (8018) Originating Department Head: Anthony Rousseau (8338) Christopher Harder (5020) Additional Information Contact: Cynthia Garcia (8525) Maria Canoura (2526) ATTACHMENTS 1. 1295 - C.Green Scaping Certificate 100940095.pdf (CFW Internal) 2. 1295 - North Texas Hydromulch & Landscape Service.pdf (CFW Internal) 3. 13P 22-0143 LANDSCAPE IRRIGATION SERVICES MC WATER.docx (CFW Internal) 4. 22-0143 WAIVER landscapeIrriVationServices GV_signed.pdf (CFW Internal) 5. BU060 - FID_TABLE_FOR_IRRIGATION_SERVICES 8-1-22R.xlsx (CFW Internal) 6. SAMs - C.Green Scaping LP - not found.pdf (CFW Internal) 7. SAMs - North Texas Hydromulch & Landscape Services - not found.pdf (CFW Internal) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 2022-916909 North Texas Hydromulch & Landscape Services Fort Worth, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/01/2022 being filed. The City of Fort Worth 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. 22-0143 Landscape Irrigation Services Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary North Texas Hydromulch & Landscape Services Fort Worth, TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is My address is {street) and my date of birth is (city( {state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of n the ay of , 20 Z{month) (year) Signature of 8Aorized agent of contracting business entity {Declarant) Forms provided by Texas Ethics Commission www.ethics.state. s Version V1.1.191hScdc