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HomeMy WebLinkAboutContract 36741 CITY STATE OF TEXAS CONTRACT No Y3G 7Yl COUNTIES OF TARRANT DENTON AND WISE FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 36293 THIS FIRST AMENDMENT to City Secretary Contract No. 36293 (hereinafter"Amendment')is entered into by and between the City of Fort Worth("City"), a home-rule municipality in the State of Texas, acting through Carl Smart, its duly authorized Acting Assistant City Manager, and Eagle Construction and Environmental Services, L.P. ("Contractor"), by and through Marc Walrraven , its duly authorized PresidentVice-President. WHEREAS, the City and Eagle Construction and Environmental Services,L.P. have entered into that certain agreement identified as City Secretary Contract No. 36293 (the "Contract') for the demolition of the Oak Hollow Office Building following the Alternative Asbestos Control Method (AACM) in compliance with the terms of the Contract; WHEREAS,the Contract not-to-exceed amount of$24,950 was based on completing the project in a total of three days from start to finish; WHEREAS,unfavorable weather caused the demolition to be delayed four days and additional soil disposal and heavy equipment decontamination caused the demolition to be delayed two more days; WHEREAS, the delay resulted in additional costs for the rental of equipment such as scaffolding, waste containers, and heavy equipment, site preparation activities and additional mobilization and demobilization charges from the Contractor and subcontractors; WHEREAS, on February 5, 2008, the City Council authorized this Amendment to the Contract to increase the not-to-exceed amount from $24,950 to $59,950 to pay for the cost of the delay(M&C C-22660); and WHEREAS,the parties agree that all other conditions and terms shall remain the same as stated in City Secretary Contract No. 36293. 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: First Amendment to Eagle Contract for Oak Hollow CRL 02.21.08v1 CITY NKIOERU17 -1- 03-13-08 A07 :48 IN ✓ 1. Not to Exceed Amount. Section 5.A. shall be amended to increase the Not-to- Exceed amount to $59,950. 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- /h�avv�e that meaning set forth in the Contract. Executed this_ 3 day of / &rck , 2008. CITY OF FORT WORTH EAGLE CONTRUCTION AND ENVIRONMENJTTAL SERVICES, L.P. U Sm4L4i y: ;,MMalravez Acting Assistant City Manager Its: Vice President Approved as to Form and Legality: Witness: r�. ssistant ityAttorney Name: d .gy44�a� 00, Attest: CV\ , Marty Hendrix City Secretary Contract huthorisatioi CP--s-C;Po08 Date First Amendment to Eagle Contract for Oak Hollow CRL 02.21.08v1 -2- Of SKI-Affif f Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/5/2008 - Ord. No. 17974-02-2008 & 17975-02-2008 DATE: Tuesday, February 05, 2008 LOG NAME: 520AKHOLLOWAACM REFERENCE NO.: C-22660 SUBJECT: Authorize Amendment No. 1 to City Secretary Contract No. 36293 with Eagle Construction and Environmental Services, L.P., for Performing the Alternative Asbestos Control Method Demolition of the Oak Hollow Apartment's Office Building, 5901 Boca Raton Boulevard, Fort Worth, Texas, to Increase the Not-to-Exceed Amount; Approve Transfer of Funds and Adopt Supplemental Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 36293 with Eagle Construction and Environmental Services, L.P., for performing the Alternative Asbestos Control Method demolition of the Oak Hollow Apartment's Office Building, 5901 Boca Raton Boulevard, Fort Worth, Texas, by increasing the total contract not-to-exceed amount from $24,950 to $59,950; 2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Environmental Management Fund (R103) by $35,000 and decreasing the unreserved retained earnings by the same amount; 3. Approve the transfer of $35,000 in undesignated funds in the Environmental Management Operating Fund (R103) to the Environmental Management Project Fund (R101); and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund (R101) by $35,000. DISCUSSION: The Environmental Management Department (EMD) contracted with Eagle Construction and Environmental Services, L.P. (Eagle), for the demolition of the Oak Hollow Office Building following the Alternative Asbestos Control Method (ARCM). EMD, in coordination with the Environmental Protection Agency (EPA) and the Texas Department of State Health Services (TDSHS), performed the AACM demolition to gather data on the effectiveness of the ARCM. Letters of No Action Assurance allowing the use of the AACM on this one building were received from the EPA and the TDSHS. The AACM allows certain asbestos-containing materials to be removed as part of the demolition process. Asbestos-containing materials are wetted with a foam mixture the night before demolition; wetted again the morning of demolition; and then continuously wetted during demolition, debris handling and debris loading for disposal. Additionally all water is contained on the site. Following removal of the building debris, approximately three-inches of soil is removed from all non-paved areas that were in contact with the demolition debris or applied water. Equipment used for demolition and paved areas in contact with the demolition operation are decontaminated prior to job completion. The AACM has the potential to reduce demolition costs along with demolition time of substandard buildings thus creating new jobs and tax revenue for communities across the country. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/14/2008 Page 2 of 2 This demolition was part of ongoing research and included costs such as scaffolding rental, access to air samplers including scaffold mounted samplers, down time to allow for sample collection at various points during the demolition and remobilization due to weather not suitable for proper sample collection that would not be a part of standard demolition. The original contracted amount of $24,950 was based on completing the project in a total of three days from start to finish. Due to unfavorable weather, the project was delayed causing four days of standby time. Additional soil disposal and heavy equipment decontamination added two more days to project completion. During the delay, additional costs were incurred for the rental of equipment such as scaffolding, waste containers, and heavy equipment. Due to the rain, many site preparation activities had to be performed twice. The delay also caused additional mobilization and demobilization charges from the contractor and subcontractors. The actual number of waste containers, waste handling, waste transport and waste disposal exceeded estimates. As a result of these delays, additional funding of $35,000 is required. The total revised cost for this project of $59,950 will be paid to Eagle. The Oak Hollow Office Building is located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Environmental Management Project Fund (R101). TO Fund/Account/Centers FROM Fund/Account/Centers R103 538070 0521100 $35,000.00 R103 301000 0000000 $35,000.00 R101 472103 052200806000 $35,000.00 R103 538070 0521100 $35,000.00 R101 539120 052200806000 $35,000.00 R101 539120 052200806000 $35,000.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating nating Department Head: Brian Boerner(6647) Additional Information Contact: Michael Gange (6569) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/14/2008