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Home My WebLink AboutContract 40686-A1 (2)STATE OF TEXAS § COUNTY OF TARRANT § KNOWN ALL BY THESE PRESENTS: FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 40686 EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS VICINITY OF 2500 BRENNAN AVENUE, FORT WORTH, TEXAS THIS FIRST AMENDMENT to City Secretary Contract No. 40686 (hereinafter "Amendment") is entered into by and between the City of Fort Worth ("City"), a home - rule municipality in the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and G.L. Morris Enterprises, Inc. a Texas Corporation dba Sunbelt Industrial Services ("Contractor"), by and through Brent McClure, its duly authorized Vice President. WHEREAS, the City and G.L. Morris Enterprises, Inc. dba Sunbelt Industrial Services have entered into that certain agreement identified as City Secretary Contract No. 40686 (also the "Contract") commencing on July 13, 2010 for services to include the characterization, excavation, loading, transportation, and proper disposal of contaminated soils from a site in the vicinity of 2500 Brennan Avenue, Fort Worth, Texas; and WHEREAS, that subsequent to the execution of the aforementioned contract, larger quantities of contaminated soil have been discovered onsite which require excavation, transportation, and disposal; and that conditions warrant the amendment of the contract pursuant to Section 14 (Modification) of said contract; and WHEREAS, the additional contaminated soils represent a potential threat to the public health and safety that requires an expeditious response, and that under the provisions of the Texas Local Government Code Section 252.022(a)(2) such municipal expenditures are exempt from competitive bidding requirements; and WHEREAS, on November 16, 2010, the City approved an increase in the Scope of Work and the Not -to -Exceed Amounts for the this contract as stated in the Mayor and Council Communication C-24612 attached; and WHEREAS, it is the mutual desire of the parties to amend said City Secretary Contract No. 40686, to increase the Scope of Work and the and Not -to -Exceed Amounts for the this contract as stated in the Mayor and Council Communication C-24612 attached; and First Amendment to Contract for Excavation, Transportation, and Disposal of Contaminated Soils - 2500 Brennan Avenue - G.L. Morris Enterprises, Inc. dba Sunbelt Industrial Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Paae 1 of 3 WHEREAS, the parties agree that all other conditions, terms, and pricing shall remain the same as stated in City Secretary Contract No. 40686; 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 amend City Secretary Contract No. 40686 as follows: 1. Increased Scope of Work: • Excavation of soil deposition from drainage channel outfall • Prepare and implement Stormwater Pollution Prevention Plan • Provide elevation surveys of site • Removal of 950 feet of guardrail posts and asphalt roadway • Installation of 56,400 feet slope erosion controls along the drainage channel • Excavation 22,000 cubic yards of impacted soils in the drainage channel project area • Relocation (onsite) of 5,000 cubic yards of soils along the western side of the landfill • Removal of existing guardrail and asphalt roadway • Disposal of 1,529 cubic yards of Class I non -hazardous waste • Pumping of impacted groundwater influx into the channel during excavation activities to the City of Fort Worth sanitary sewer system 2. Increased Not to Exceed Amount: The contract not -to -exceed amount shall be increased by the amount of Six Hundred One Thousand, Seven Hundred Sixty -Three Dollars ($601,763.00). 3. Miscellaneous: Nothing contained herein shall be deemed to amend or modify the Contract, except as expressly set forth herein. Any term used but not expressly defined herein, shall have that meaning set forth in the Contract. A waiver of the goal for NVWBE has been approved by the WWBE Office because a public or administrative emergency exists which requires the goods and services to be provided with unusual immediacy. The Remainder of This Page is Intentionally Left Blank First Amendment to Contract for Excavation, Transportation, and Disposal of Contaminated Soils - Page 2 of 3 2500 Brennan Avenue - G.L. Morris Enterprises, Inc. dba Sunbelt Industrial Services SIGNATURE PAGE FOR FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 40686 EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS VICINITY OF 2500 BRENNAN AVENUE, FORT WORTH, TEXAS IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH BY: Fernando Costa Assistant City Manager RECOMMENDED: William A. erkest, Director, Department of Transportation and Public Works APPROVED AS TO FORM AND LEGALITY: ^-, — Arthur N. Bashor pro° q� Assistant City Attorneyp ° o CONTRACTOR G.L. Morris Enterprises, Inc. dba Sunbel dustrial Se i ae Brent McClure Vice President WITNESS ATTEST: 1i. °°oo�no°°° � CORPORATE SEAL: Hendrix City Secretary M&C G a"A�01 a Date First Amendment to Contract for Excavation, Transportation, and Disposal of Contaminated Soils - 2500 Brennan Avenue - G.L. Morris Enterprises, Inc. dba Sunbelt Industrial Services OFFICIAL RECORD CITY ��C��'�ARY FT. WORTH, TX M��C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT �'�ORTI1 -�- COUNCIL ACTION: Approved on 11/16/2010 -Ord. No. 19447-11-2010 DATE: 11/16/2010 REFERENCE C-24612 LOG NAME: 20RATIFY SUNBELT NO.: CONTINUANCE 1 CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Adopt Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Environmental Protection Project Fund in the Amount of $417,248.28 and Ratify Continuance of Work on Emergency Purchase Order with Sunbelt Industrial Services in the Amount of $601,763.00 for Transportation and Disposal of Contaminated Soils at 2500 Brennan Avenue (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Protection Project Fund in the amount of $417,248.28 from available funds; and 2. Ratify Continuance of Work on Emergency Purchase Order with Sunbelt Industrial Services in the amount of $601,763.00 for transportation and disposal of contaminated soils at 2500 Brennan Avenue. DISCUSSION: On July 13, 2010, (M&C C-24340) was approved for Sunbelt Industrial Services (Sunbelt) regarding the emergency cleanup of petroleum impacted soils from the drainage channel at 2500 Brennan Avenue. Sunbelt performed the emergency remediation that included excavating approximately 17,800 cubic yards of soil and disposing of approximately 9,500 cubic yards of Total Petroleum Hydrocarbons (TPH) contaminated soil from 2500 Brennan Avenue. Upon nearing completion of the Emergency Remediation activities, influx of hydrocarbons continued along the eastern and western sides of the drainage channel. Through a Continuance of Work under the Emergency Purchase Order, Sunbelt excavated an additional 22,000 cubic yards of soil and transported and disposed of approximately 6,000 cubic yards of TPH contaminated soil from 2500 Brennan Avenue. Proper removal and disposal of the contaminated soils was required under Texas Commission on Environmental Quality rules and regulations. The Environmental Management Department conferred with both the Law and Financial Management Services (Purchasing) Departments to proceed with a Continuance of Work under emergency procurement procedures in order to prevent additional environmental impacts and potential human exposure. Both Legal and Purchasing have agreed that this issue can be treated as "a procurement that is necessary to preserve or protect the public health or safety of the municipality' s residents" in accordance with the Texas Local Government Code Section 252.022(a)(2). The City' s M/WBE Ordinance is waived for this Continuance of Work under the Emergency Purchase Order. This project is located in COUNCIL DISTRICT 2. http://apps.cfwnet.org/council�acket/mc review.asp?ID=14042&councildate=ll/16/2010 11/16/2010 Mc,LC Review FISCAL INFORMATION/CERTIFICATION: Page 2 of 2 The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Environmental Protection Project Fund. TO Fund/Account/Centers R101 472071 052052901000 1)R101 441012 052052901000 1)R101 481306 052052901000 1) R101 488200 052052901000 1) R101 539410 052052901000 1)R101 488100 052052901000 $288,118.50 $64,601.27 $35,179.91 $26,848.60 $417,248.28 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 20RATIFY SUNBELT CONT 1 AO.doc 2500brennan.pdf MWBE Waiver - Brennan.pdf FROM Fund/Account/Centers 2) R101 539410 052201003000 Fernando Costa (6122) William Verkest (7801) Michael Gange (6569) $601,763.00 http://apps.cfwnet.org/council�acket/mc_review.asp?ID=14042&councildate=ll /16/2010 11 /16/2010