Title
Approval of AGR 23-70a with Acme Environmental, Inc., and AGR 23-70b with Young Environmental Services, Inc. dba Envirotec, Inc. for On-Call Asbestos and Other Hazardous Materials Testing Services in the Aggregate Amount Not to Exceed $500,000.00 excluding Applicable Gross Receipts Tax Over a Seven Year Period.
Recommended Action
I move that Council Approve Services Agreement No. AGR 23-70a with Acme Environmental, Inc., and AGR 23-70b with Young Environmental Services, Inc. dba Envirotec, Inc. for On-Call Asbestos and Other Hazardous Materials Testing Services in the Aggregate Amount Not to Exceed $500,000.00 excluding Applicable Gross Receipts Tax Over a Seven Year Period.
County Manager’s Recommendation
The County Manager recommends that Council approve the motion as presented.
Body
On April 6, 2023, the County advertised a formal multi-source competitive solicitation for On-Call Asbestos and Other Hazardous Materials Testing Services through Request for Proposal No. 23-71. Due to limited responses, staff canceled the solicitation and readvertised.
On May 7, 2023, the County re-advertised a formal multi-source competitive solicitation for On-Call Asbestos and Other Hazardous Materials Testing Services through Request for Proposal No. 23-70R. Two responses were received, and staff is recommending award to the two responders. There are two separate contracts considered for award and are attached for reference (Attachments A and B).
The On-Call Services contracts provide as needed, task order-based services with a term of seven years. The total combined compensatory sum of both contracts is capped at $500,000 in aggregate (excluding applicable gross receipts tax)-this is a not-to-exceed amount aggregate total. No one firm is guaranteed any particular task, nor is the full amount of compensation guaranteed.
Periodically, the County encounters materials suspected of containing asbestos, lead-based paint and other items requiring special testing services. Materials Testing On-Call services are vital in supporting county facility Capital Improvements Projects, the Major Facilities Maintenance Program and other facility maintenance operations. The County contracts with licensed professionals for these services, given the specialized knowledge, licensure, and safety requirements with materials handling. Having qualified on-call firms facilitates timely completion of the work to ensure project schedules are met.
The availability of both contracts provides staff the option to complete work based on quoted unit price, demonstrated availability, responsiveness, performance, and quality of previous work particularly when urgent needs arise. There is no obligation to offer a minimum amount of work or compensation to any Contractor. Staff will be responsible for tracking the expenditures of all contracts to ensure that contract limits are not exceeded.
Alternatives
Council could choose to award to only one contractor or both contractors. Award to only one contractor would limit staff's options to one contractor regardless of availability, responsiveness, performance, and quality of previous work. Failing to award any of the contracts would require staff to follow Procurement Code processes to procure such services on an individual project by project basis and delays would ensue.
Fiscal and Staff Impact/Planned Item
The aggregate compensation of all agreements shall not exceed the sum of five hundred thousand dollars ($500,000.00), excluding New Mexico gross receipts taxes (NMGRT). The County shall pay compensation for performance of the services in accordance with each issued task order through applicable and properly appropriated funding sources.
Compensation shall be paid in accordance with the rate schedule set out in Exhibit "A," of each agreement. The Public Works Department will manage all agreements.
Attachments
A - AGR 23-70a - Acme Environmental, Inc.
B - AGR 23-70b - Young Environmental Services, Inc. dba Envirotec, Inc.