HomeMy WebLinkAboutContract 47954-A4 CSC Number 47954-A4
RECE,IvEd
MAY-6 2020
CITYorrORTWORTH STATE OF TEXAS §
CITYSECRRARY § KNOWN ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
FOURTH AMENDMENT TO
CITY SECRETARY CONTRACT NO. 47954
THIS FOURTH AMENDMENT to City Secretary Contract No.47954 is entered into by and
between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas,
acting through Valerie Washington, its duly authorized Assistant City Manager, and
Enercon Services, Inc., an Oklahoma corporation ("Contractor'), acting through Jeff Lask,
its duly authorized Vice President. City and Contractor may be referred to herein
individually as a Party, or collectively as the Parties.
WHEREAS, the City and Enercon Services, Inc. have entered into that certain agreement
identified as City Secretary Contract No. 47954 (also the"Contract") commencing on July
11, 2016 for professional services for environmental and engineering consulting projects
during the term of the agreement as authorized by Mayor and Council Communication C-
27811; and
WHEREAS, municipal contracts for services are exempt from the provisions of Chapter
252 of the Texas Local Government Code under the General Exemption provided for
procurements necessary to preserve or protect the public health or safety of a
municipality's residents; 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 four additional periods of one year
each; and
WHEREAS, the parties wish to extend the term of the initial contract for an additional year
(fifth [5t'] term)commencing on July 12, 2020 through July 11, 2021, and sufficient funds
have been appropriated; and
WHEREAS, the parties agree that all other conditions, terms, and pricing shall remain the
same as stated in City Secretary Contract No. 47954, as amended;
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:
City Secretary Contract number 47954, as amended is extended to include the term
beginning on July 12, 2020 and ending on July 11, 2021.
2. Compensation Not to Exceed Amount:
Compensation shall not exceed four hundred thousand dollars ($400,000.00)for the term _
of this amendment, billable according to the fee schedule and subject toEOFFICIAL
r`terms
RECORD
Fourth Amendment to Contract#47954 OIEGRETARY
Enercon Services,Inc. WORTH,TX
CSC Number
and conditions as stated in City Secretary Contract number 47954, as amended, and
subject to prior duly authorized and executed amendments.
3. Invoice and Payments:
All invoices must reflect the City Task Order number and the City Purchase Order number.
Invoices shall contain a detailed breakdown to include: labor including employee name,
functional title, date and hours of work performed; internal supplies and services provided;
and external supplies and services provided.
Monthly invoices may be provided for certain projects deemed "long-term" and will be
specified as so in the Task Order/Purchase Order for that particular project. The Task
Order/Purchase Order will clearly identify expectations for invoice billing based on the
duration of the associated project. All invoice billings are assumed to be a "one-time",
"final" invoice submitted concurrently with delivery of final report or other deliverable, as
applicable.
Contractor shall submit a final, comprehensive invoice within 30 days of the completion of
work performed for each Task Order/Purchase Order. The final invoice shall include all
charges related to work performed under the Task Order/Purchase Order including
subcontracted work. The City's requires that the final invoice be submitted concurrently
with the delivery of the final report or other deliverable, as applicable.
Payment for services rendered shall be due within thirty (30) days of the uncontested
performance of the particular services so ordered and receipt by City of Contractor's
invoice for payment of same. In the event of a disputed or contested billing, only that
portion so contested may be withheld from payment, and the undisputed portion will be
paid. No interest will accrue on any contested portion of the billing until mutually resolved.
City will exercise reasonableness in contesting any billing or portion thereof.
The Contractor shall also provide the City with quarterly updates showing the total and
itemized costs incurred to the City for each task ordered and per purchase order and the
amount remaining in the overall contract not-to-exceed amount.
Contractor shall receive no additional compensation for work delays or hindrances except
when direct and unavoidable extra costs to the Contractor are caused by the City's gross
negligence.
4. Miscellaneous:
All other definitions, terms, and conditions of City Secretary Contract number 47954, as
amended, shall remain unchanged except as expressly set forth herein.
IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort
Worth, Texas, on the dates written below.
Fourth Amendment to Contract#47954 Page 2 of 3
Enercon Services, Inc.
CSC Number
IN WITNESS THEREOF,the parties have executed this contract in triplicate in Fort Worth,
Texas, on the dates written below.
CITY OF FORT WORTH CONTRACTOR
Enercon Services, Inc.
BY: Ste aldd.l Pa BY: �� 'I PC
Valerie Washington V Jeff Lask
Assistant City Manager Vice-President
Date:
APPROVED AS TO FORM WITNESS:
AND LEGALITY:
Christa R. Lopez-Reynolds See- o Ad-' om .
Christa R. Lopez-Reynolds Darren Lovvorn
Senior Assistant City Attorney Division Manager
See. OLA4 f I a
Cody M. Whittenburg
Environmental Program Manager
ATTEST: CORPORATE SEAL:
See, add I ( pa e�
Mary J. Kayser
City Secretary
Date:
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAGER
By signing I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
set d III
Roger Grantham
Environmental Supervisor
Fourth Amendment to Contract#47954 Page 3 of 3
Enercon Services,Inc.
Signature: Signature: Jeff Lask(May42020)
Email: ddlovvorn@enercon.com Email: jlask@enercon.com
.6• - A
Signature: roger grantham(May4,2020) Signature: Cody Whittenburg(May 4,2020)
Email: roger.grantham@fortworthtexas.gov Email: cody.whittenburg@fortworthtexas.gov
Signature: K• LODQ'L—= �° � Signature: P"''�
Christa R.Lopez-Reynold (May4,2020r Valerie Washington(May 6,2020)
Email: christa.reynolds@fortworthtexas.gov Email: valerie.washington@fortworthtexas.gov
Signature: rA �
Email: Mary.Kayser@fortworthtexas gov
.,
[OFd PAL REC0R0