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HomeMy WebLinkAboutContract 62952-A1CSC No. FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 62952 A COOPERATIVE PURCHASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND INTERCON ENVIRONMENTAL, INC. This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 62952 (“First Amendment”) is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipality, with its principal place of business at 100 Fort Worth Trail, Fort Worth, Texas, and Intercon Environmental, Inc. (“Vendor”), a Texas corporation. Buyer and Vendor may be referred to individually as a “party” and collectively as the “parties.” WHEREAS, on December 1, 2024, the parties entered into City Secretary Contract 62952, a cooperative purchase agreement with the Vendor, utilizing that certain agreement TIPS 230104 between Vendor and The Interlocal Purchasing System, for the removal and disposal of asbestos-containing materials (“Agreement”); and WHEREAS, the City and Vendor mutually desire to amend the Agreement to increase the annual amount by $200,000.00, for a new annual amount up to $300,000.00, for all City Departments and managed by the Environmental Services Department. NOW THEREFORE, City and Vendor acting herein by and through their duly authorized representatives enter into the following that amends the Agreement: 1. AMENDMENT The fourth paragraph of the Agreement, which reads “City shall pay Vendor in accordance with the payment terms in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement by City shall not exceed One Hundred Thousand Dollars and 00/100 ($100,000.00) annually. Vendor shall not provide any additional items or services for 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.” is amended in its entirety to be and read as follows: City shall pay Vendor in accordance with the payment terms in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement by City shall not exceed Three Hundred Thousand Dollars and 00/100 ($300,000.00) annually. Vendor shall not provide any additional items or services for 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 SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. [signatures on next page] By: Name: Karen Andrews Title:President Date: ACCEPTED AND AGREED: CITY OF FORT WORTH: By:Valerie Washington (May 29, 2025 12:49 CDT) Name: Valerie Washington Title: AssistantCityManager Date: APPROVAL RECOMMENDED: By: Name: Nixalis Benitez Title: Interim Environmental Manager ATTEST: By: Name: Jannette S. Goodall Title: City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoringand administration of this contract, including ensuring all performance and reporting requirements. By: Name: Roger Grantham Title: Environmental Supervisor APPROVED AS TO FORM AND LEGALITY: By:M. Kevin Anders, II M. Kevin Anders, II (May 28, 2025 16:58 CDT) Name: M. Kevin Anders, II Title: AssistantCityAttorney CONTRACTAUTHORIZATION: M&C: 25-0407 1295:2025-1291992 VENDOR: Intercon Environmental, Inc. Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C DATE:5/13/2025 REFERENCE NO.: **M&C 25- 0407 LOG NAME: 13P AMEND CSC 62952 REMOVAL AND DISPOSAL OF ASBESTOS JC ENV CODE:P TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (ALL) Authorize Amendment to a City Secretary Contract with Intercon Environmental, Inc. Using The Interlocal Purchasing System Cooperative Contract for Removal and Disposal of Asbestos-Containing Materials to Increase the Annual Amount by $200,000.00 for a New Total Annual Amount Up to $300,000.00 for All City Departments Managed by the Environmental Services Department RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to a City Secretary Contract with Intercon Environmental, Inc. using The Interlocal Purchasing System Cooperative Contract for removal and disposal of asbestos-containing materials to increase the annual amount by $200,000.00 for a new annual amount up to $300,000.00 for all City Departments managed by the Environmental Services Department. DISCUSSION: On March 12, 2025, the City executed City Secretary Contract No. 62952 with Intercon Environmental, Inc. using The Interlocal Purchasing System (TIPS) Cooperative Contract No. 230104 for removal and disposal of asbestos-containing materials. The contract provides citywide asbestos abatement and mold remediation services at various city-owned buildings and structures. It includes transportation and disposal of associated debris such as asbestos-containing materials and mold-impacted materials on an as-needed basis for all City Departments. The contract also provides on-call services to support the abatement of City-owned facilities and renovation. The purpose of this Mayor & Council Communication is to authorize an amendment to the agreement to increase allowable spending by $200,000.00 for a new annual amount up to $300,000.00. FUNDING: The maximum annual amount allowed under this agreement will be $300,000.00; however, the actual amount used will be based on the needs of city-owned facilities and available budget. Funding is budgeted in the various accounts within the participating department's budgets. Absestos abatement services are provided, as needed, for all City Departments, the Environmental Services Department oversees these services and citywide contracts. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies state laws requiring that the local government seek competitive bids for the purchase of the items. TIPS contracts have been competitively bid to increase and simplify the purchasing power of government entities. TIPS Cooperative Contract No. 230104 has an initial term beginning on December 1, 2024, through November 30, 2025, and includes two (2) one-year renewal options. The Request for Proposal for TIPS Contract No. 62952 was published on January 5, 2023 and January 12, 2023, and responses were opened on February 17, 2023. TIPS contracts offer fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable. AGREEMENT TERM: The current term of this agreement will expire on April 30, 2026. RENEWAL OPTIONS: In accordance with the terms of TIPS Contract 230104, there are two (2) one- year options to renew. The spending authority for the renewal period, if exercised, will be in an amount Page 1 of 2M&C Review 5/29/2025http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33270&councildate=5/13/2025 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount up to $300,000.00. 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. 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. BUSINESS EQUITY: A business equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departments' Operating Funds to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQN\\ TO FROM Submitted for City Manager's Office by:Reginald Zeno (8517) Valerie Washington (6192) Originating Department Head:Reginald Zeno (8517) Cody Whittenburg (5455) Additional Information Contact:Brandy M. Hazel (8087) Jaysea Coates (6159) ATTACHMENTS Contract 62952.pdf (CFW Internal) Intercon 1295 4.14.25.pdf (CFW Internal) Intercon SAMs 4.7.25.pdf (CFW Internal) Intercon SOS.pdf (CFW Internal) Page 2 of 2M&C Review 5/29/2025http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33270&councildate=5/13/2025