HomeMy WebLinkAboutContract 39673-A1CITY SECRETARY
CONTRACTNO . 35~13-AJ
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
KNOWN ALL BY THESE PRESENTS:
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 39673
THIS FIRST AMENDMENT to City Secretary Contract No. 39673 is entered into by and
between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas ,
acting through Fernando Costa, its duly authorized Assistant City Manager, and Enercon
Services , Inc., an Oklahoma corporation ("Contractor"), acting through John R. Corn, its
duly authorized Vice President.
WHEREAS , the City and Enercon Services , Inc. have entered into that certain agreement
identified as City Secretary Contract No . 39673 (also the "Contract") commencing on
January 14 , 2010 for professional services involving environmental engineering and
consulting services as authorized by Mayor and Council Communication G-16370 ; and
WHEREAS, municipal contracts for professional services are exempt from the provisions
of Chapter 262 of the Texas Local Government Code but are instead governed by the
provisions of the Chapter 2254 of the Texas Government Code; and
WHEREAS , that contract was for an initial term of one year and that contract provides
for the extension of the term of the agreement for up to two additional periods of one year
each; and
WHEREAS , the parties wish to extend the term of the initial contract for an additional
year ; and
WHEREAS , on January 4 , 2011 , the City voted to extend the term of the contract for an
additional year as stated in the Mayor and Council Communication G-17168 attached;
and
WHEREAS , the parties agree that all other conditions , terms , and pricing shall remain the
same as stated in City Secretary Contract No. 39673 ;
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 as follows:
1. Extended term of contract:
The term of City Secretary C_ontract number 39673 is extended from Janu~ ___ ....._...l,U........_. __ _
January 14, 2012.
First Amendment to Professional Services Contract #39673
ENERCON SERVICES, INC.
OFFICIAL RECORD
CITY SECAa;TARY
Page 1 or "J"
FT. WORTH, TX
2. Compensation Not to Exceed Amount:
Compensation shall not exceed four hundred thousand dollars ($400,000) for the term of
this amendment, billable according to the fee schedule and all other terms and conditions
as stated in City Secretary Contract number 39673.
3 . Miscellaneous:
All other definitions , terms , and conditions of City Secretary Contract number 39673
shall remain unchanged ex cept as expressly set forth herein.
The Remainder of This Page is Intentionally Left Blank
First Amendment to Professional Services Contract #39673
ENERCON SERVICES, INC.
Page 2 of 3
SIGNATURE PAGE FOR FIRST AMENDMENT
TO
CITY SECRETARY CONTRACT NO. 39673
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:5 ~CL-
Fernando Costa
Assistant City Manager
Date: /fa/fa
APPROVED AS TO FORM
AND LEGALITY:
Arthur N. Bashor
Assistant City Attorney
mu~~
Marty Hendrix D
City Secretary
First Amendment to Professional Services Contract #39673
ENERCON SERVICES, INC.
CONTRACTOR
Enercon Services , Inc.
BY u~~
Joh hcorn
Vi,:e\/e:ident
WITNESS:
CORPORA TE SEAL:
--..
.... -..
OFFICIAL RECORD
CIT.fc!S&CRETARY
FT. WORTH, TX
M &C R\v iew P age 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 1/4/2011 -Ord. No. 19500-01-2011
DATE:
CODE:
1/4/2011
G
REFERENCE NO.: **G-17168
TYPE: CONSENT
LOG NAME:
PUBLIC
HEARING:
20ENERCON2011
NO
SUBJECT: Adopt Appropriation Ordinance and Authorize the Transfer of Funds for Contract Renewal
with Enercon Services , Inc., City Secretary Contract No. 39673 , in the Amount of
$400 ,000.00 for Environmental and Engineering Consulting Services (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council :
1. Approve the transfer of $400 ,000 .00 from the Environmental Services Operating Fund (R 103) to
the TPW-Environmental Protection Project Fund (R101); and
2 . Adopt the attached appropriation ordinance increasing estimated rece ipts and appropriations in the
Environmental Protection Project Fund (R101) by $400 ,000.00.
DISCUSSION:
The Transportation and Public Works Department, Environmental Services Division contracts for
professional environmental engineering services for a variety of tasks , including , but not limited to ,
underground storage tank investigations , groundwater monitoring , soil sampling and removal of
contaminated soil , design and installation of remediation strategies and remediation site closures ,
Phase I and II Environmental Site Assessments , development of Storm Water Pollution Prevention
Plans and Spill Prevention , Control and Countermeasures Plans and air po ll ution modeling .
The current contract (C ity Secretary Contract 39673) with Enercon Services , Inc ., for environmental
and engineering consulting services was approved by City Council on November 3 , 2009 by M&C C-
23889 . The contract was for one-year (January 14, 2010 -January 13 , 2011) with the option for two
one-year renewals . The City is executing the first renewal option (second 12-month term) and these
funds are necessary for work anticipated to be performed in the second contract term .
M/WBE -Enercon Services, Inc., is in compliance with the City's M/WBE Ordinance by committing to
15 percent M/WBE participation on this first renewal option . The City's goal on this Renewal Option
is 15 percent.
This project serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance , funds will be available the
the current operating budget, as appropriated , of the Env i ronmental Protection Project Fund.
TO Fund/Account/Centers
R101
Changed to
020020901000
Submitted for City Manager's Office by:
FROM Fund/Account/Centers
R103 538040 0201100 $400 ,000 .00
Changed to 539120
020020901000
Fernando Costa (6122)
http ://app s .c fw net.org/co un c il _packet/m c _rev iew.asp ?I D = 14 53 7 &coun ci ld ate= 1/4/2 01 1
FORT WORTH
~
1/5 /2 011
M&C Review .. '
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
20ENERCON 2011 AO.doc
William A. Verkest (7801)
Michael A. Gange (6569)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=l4537&councildate=l /4/2011
Page 2 of 2
1/5 /2011