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HomeMy WebLinkAboutContract 37151-A1 T .r STATE OF TEXAS CIT ` CREIAR'V COUNTIES OF TARRANT --- DENTON AND WISE FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 37151 THIS FIRST AMENDMENT("Amendment")to City Secretary Contract No. 37151 ("Contract") is entered into by and between the City of Fort Worth("City"),a home-rule municipality in the State of Texas, acting through Charles Daniels, its duly authorized Assistant City Manager,and Intercon Environmental, Inc. ("Contractor"), by and through Karen Andrews, its duly authorized President. WHEREAS, the City and Intercon Environmental, Inc. have entered into that certain agreement identified as City Secretary Contract No. 37151 for the asbestos abatement and demolition for 40 structures adjacent to the Fort Worth Meacham International Airport in compliance with the terms of the Contract; WHEREAS, the original Contract not-to-exceed amount was established at $260,000; WHEREAS, additional funds are necessary to complete Phase V of the Fort Worth Meacham International Airport Part 150 Noise Compatibility Program which were not contemplated for in the Contract; WHEREAS, staff believes that Contractor has proposed a fair and reasonable fee for the additional services in the amount of$64,653.51; WHEREAS, on September 30,2008,the City Council authorized this Amendment to the Contract to increase the not-to-exceed amount from $260,000.00 to $324,653.51 to pay for the cost of the additional services (M&C C-23091); and WHEREAS,the parties agree that all other conditions and terms shall remain the same as stated in City Secretary Contract No. 37151. 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. Not to Exceed Amount. Section S.A. shall be amended to increase the Not-to- Exceed amount to $324,653.51. First Amendment to Meacham Asbestos Abatement&Demolition CRL 11.10.08v1 -1- 2. Miscellaneous. Nothing contained herein shall be deemed to amend or modify the Contract,except as expressly set forth herein. Any defined term used herein,but not defined herein, shall have that meaning set forth in the Contract. Executed this 444"day of ''v>..e-C 2008. CITY O FORT WORTH INTERCON E)NV-IRONirIEN 1A AL, INC. (Charles Daniels Karen Andrews Assistant City Manager President Ap roved as to Form and Legality: Witness: l C:hrista R. i6qnolds Assistant City Attorney Name:Angelica Petruzzelli Attest: N\ 0 Marty Hendrix City Secretary n Contract Authorization -q-_0 0 - 0% Date First Amendment to Meacham Asbestos Abatement&Demolition CFL 11.10.08v1 -2- Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/30/2008 DATE: Tuesday, September 30, 2008 LOG NAME: 55AMD1 MEACDEMO REFERENCE NO.: **C-23091 SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 37151 with Intercon Environmental, Inc., in the Amount of $64,653.51 to Cover Additional Costs Associated with the Demolition and Asbestos Abatement Services of 40 Structures Adjacent to Fort Worth Meacham International Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Contract Amendment No. 1 to City Secretary Contract No. 37151 with Intercon Environmental, Inc., to cover additional costs associated with the demolition and asbestos abatement services for 40 structures adjacent to Fort Worth Meacham International Airport in the amount of$64,653.51, thereby increasing the contract amount to $324,653.51. DISCUSSION: On May 5, 2008, (M&C C-22796) the City Council authorized the execution of a contract with Intercon Environmental, Inc., in the amount of $260,000.00 for the demolition and asbestos abatement services for 40 structures associated with Phase V of the Fort Worth Meacham International Airport Federal Aviation Regulation (F.A.R.) Part 150 Noise Compatibility Program. Amendment No. 1 to City Secretary Contract (CSC) No. 37151 provides for the removal and disposal of asbestos containing materials and demolition of the remaining structures that are in the process of being acquired. The asbestos containing wall materials have been destroyed due to several properties being stripped of their copper wire and piping. These actions have caused increased areas of contamination which in turn resulted in increased costs for the asbestos abatement. Additionally, at the time of the proposal, there were several properties that were not assessable in order to obtain accurate measurement of the material to be removed that has recently been made available. The more accurate measurements have also contributed to the increase in demolition costs. On August 24, 2004, (M&C-G-14473) the City Council accepted a grant agreement (CSC No. 32232) from the Federal Aviation Administration in the amount of $3,230,000.00 with an additional $170,000.00 in matching funds from the City of Fort Worth totaling $3,400,000.00. The grant allows for the City to acquire fee simple title or other property interests to tracts of land within the 65-69 DNL (Day-Night Sound Level) as well as demolition and asbestos abatement of structures on the lands as a part of the F.A.R. Part 150 Noise Compatibility Program. To date $3,014,672.16 has been spent or encumbered, leaving a remaining balance of$385,327.84. Intercon Environmental, Inc., is in compliance with the City's DBE program by committing to an additional 10 percent M/WBE participation on this Change Order No. 1. The City's goal on this change order is 10 percent. http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 12/5/2008 Page 2 of 2 These structures are located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, in the Airports Grant Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR14 539120 055218974230 $64.653.51 Submitted for City Manager's Office by: Tom Higgins (6266) Originating Department Head: Kent Penney (5403) Additional Information Contact: Aya Ealy (5406) http://apps.cfwnet.org/council_packet/Reports/Mc_print.asp 12/5/2008