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HomeMy WebLinkAbout058153-A2 - General - Contract - Dustrol Inc.CSC No. 58153-A2 AMENDMENT NO 2. TO FORT WORTH CITY SECRETARY CONTRACT NO.58153 This Second Amendment (Second Amendment) is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized representative, and Dustrol Inc., ("Vendor"), a Kansas corporation, acting by and through its duly authorized representative. City and Vendor are herein referred to individually as a ("Party") and collectively as the ("Parties"). WHEREAS, on September 28, 2022, City and Vendor entered into a Vendor Service Agreement to provide asphalt and concrete milling services, the same being City Secretary (CSC) Contract Number 58153 (Agreement); WHEREAS, on May 13, 2025, City and Vendor amended the Agreement to increase the annual compensation amount by $100,000.00 for a new total compensation of $970,039.00; WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to increase the total compensation amount by $117,509.75 for a new annual compensation amount up to $1,087,548.75, as authorized by M&C 25-0962. NOW THEREFORE, Fort Worth and Vendor, acting herein by and through their duly authorized representatives, agree to the following: A. Section Three of the Agreement, the Compensation Section, is amended to be and read as follows: 3. Compensation. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement shall not exceed One Million Eighty -Seven Thousand Five Hundred and Forty -Eight Dollars and Seventy -Five Cents. ($1,087,548.75). 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. B. 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 Amendment No. 2 to Fort Worth City Secretary Contract No. 58153 Page l of 4 Executed effective as of the date signed by the Assistant City Manager below. 10163MfA"163 1114-1: A City of Fort Worth By: Name: Title: Date: Jesica McEachern Assistant City Manager 11/23/2025 Approval Recommended: C�i�tJ�o,�GteY tta�al�� By: Christopher Hard rfNov 13, IWO la:30:18 C5T) Name: Title: Attest: Chris Harder Water Director �,dq'6UUn� FOR ,mac �. �pc� 0� Pip 0 By: 0n° oio— Name: Jannette Goodall o0 * 00 Title: City Secretary o 0�* Q�a� nEXA 1 VENDOR: Dustrol, Inc. By: Name: w rr�P,rr r Title: Executive Vice President/Secretary 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: 9�9(" A-423 Name: Regina Jones Title: Contract Compliance Specialist Approved as to Form and Legality: By: Name: Title: Amarna Muhammad Assistant City Attorney Contract Authorization: M&C: 25-0962 Form 1295:2025-1339325 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Amendment No. 2 to Fort Worth City Secretary Contract No. 58153 Page 2 of 4 REFERENCE **M&C 25- 13PAMEND ITB 22-0155 DATE: 10/21/2025 NO.: 0962 LOG NAME: ASPHALT AND CONCRETE MILLING SERVICES HO W CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (All) Authorize Execution of an Amendment to a Contract with Dustrol, Inc., for Asphalt and Concrete Milling Services to Increase the Annual Amount by $117,509.75 for a New Total Amount Up to $1,087,548.75 and to Ratify Expenditures in the Amount of $50,000.00 for the Transportation and Public Works, Park and Recreation, and Water Departments COMMENDATION: It is recommended that City Council authorize execution of an amendment to the contract with Dustrol, Inc., for asphalt and concrete milling services to increase the annual amount by $117,509.75 for a new total amount up to $1,087,548.75 and to ratify expenditures in the amount of $50,000.00 for the Transportation and Public Works, Park and Recreation, and Water Departments. ISCUSSION: On August 9, 2022, the City Council approved Mayor and Council Communication 22-0557, which authorized the agreement with Dustrol, Inc in the annual amount of $870,039.00 for asphalt and concrete milling services for the Transportation and Public Works Department, in relation to Invitation to Bid 22-0155. On May 13, 2025, the agreement 58153 was increased $100,000.00 without the approval of City Council, bringing the total amount up to $970,039,00. This agreement is being used by the department to repair uneven and damaged roads throughout the City. On June 3, 2025, the Water Department reached out to Purchasing, requesting to be added as an additional department and to increase the annual amount by $117,509.75 for a new annual amount up to $1,087,548.75. The department would use this agreement to repair roads and parking lots at the water and wastewater treatment plants. Funding is budgeted in the General Operating & Maintenance category in the Water & Sewer Fund for the Water Department. Further, it is requested that City Council ratify expenditures in the amount of $50,000.00. This expenditure is needed for asphalt and concrete milling services for the month of May. AGREEMENT TERM: The initial term of the agreement expired on September 27, 2023. The agreement was renewed for two additional one-year terms beginning on September 28, 2023, and expiring on September 27, 2025. RENEWAL TERMS: The agreement may be renewed for up to three (3) one-year renewal options. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund to support the approval of the above recommendation and execution of the amendment to the contract. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BON\\ Amendment No. 2 to Fo►l Worth City Secretary Contract No. 58153 Page 3 of 4 FROM Fund Department Account I I Project Program Activity Budget Reference # I Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Reginald Zeno (8517) Jesica McEachern (5807) Reginald Zeno (8517) Christopher Harder (5020) Haven Wynne (8525) Heather Oakes (8354) ATTACHMENTS 13PAMEND ITB 22-0155 ASPHALT AND CONCRETE MILLING SERVICES HO W funds availability.pdf (CFW Internal) 13PAMEND ITB 22-0155 ASPHALT AND CONCRETE MILLING SERVICES HO W _Updated FID.xlsx (CFW Internal) Dustrol SOS.pdf (Public) Form 1295 Certificate 101400889.pdf (CFW Internal) Amendment No. 2 to Fort Worth City Secretaiy Contract No. 58153 Page 4 of 4 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Dustol, Inc. Subject of the Agreement: This contract is for asphalt and concrete milling services. M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ®No ❑ 58153-A1 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ® Ifonly speck information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 9/28/2022 Expiration Date: 9/27/2026 If diereni from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ® No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.