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Home My WebLink AboutContract 48169-A4 CSC No.48169-A4 STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § FOURTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 48169 THIS FOURTH AMENDMENT to City Secretary Contract No. 48169 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.48169(Contract)commencing on September 19,2016 for professional services for environmental and engineering consulting on Soil and Groundwater Capital Improvement Projects during the term of the agreement for an annual compensation amount not-to-exceed five-hundred eighty-five thousand five hundred dollars ($585,500.00)per term, as authorized by Mayor and Council Communication C-27903; 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, the Contract originally provided for a one year term and four additional one year renewal terms; and WHEREAS, on or about August 6, 2019, the parties executed the fourth renewal term which expires on September 19, 2020; and WHEREAS,on August 4,2020,the City Council authorized this Fourth Amendment to provide an increase in the Contract not to exceed amount and to provide for two additional one year terms by Mayor and Council Communication 20-0503. 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: OFFICIAL RECORD CITY SECRETARY 1. Article 4, Term: FT. WORTH, TX Fourth Amendment to Contract#48169 Page 1 of 6 Enercon Services,Inc. Article 4 of the Contract shall be amended to provide for two additional one year terms. Furthermore, the parties agree to exercise one of these renewals to extend the Contract from September 20, 2020 through September 19, 2021. 2. Article 3, Compensation, Section 1, Fee Schedule: The not to exceed amount of the Contract in Article 3, Section 1, as amended, shall be increase by two million, seventy-one thousand, five-hundred fifty dollars and twenty cents ($2,071,550.20) for the services as shown in Exhibit A to this Fourth Amendment. 3. Article 3, Compensation, Section 3, Invoice and Payments: shall be amended as follows: 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: Fourth Amendment to Contract#48169 Page 2 of 6 Enercon Services,Inc. All other terms, and conditions of City Secretary Contract number 48169 shall remain unchanged except as expressly set forth in this Fourth Amendment. IN WITNESS THEREOF, the parties have executed this Contract on 12020. CITY OF FORT WORTH ENERCON SERVICES, INC. �&Jkj 4 2 l( Valerie Washington(Sep 11,202012:20 CDT) Jeff ask(Sep 11,2020 08:02 MDT) Valerie Washington Jeff Lask Assistant City Manager Vice-President APPROVED AS TO FORM WITNESS: AND LEGALITY: �3A,4 2 Chdsta R.Lopez-Reynolds(Sep 11,2 01 DT) Darren D.Loworn(Sep 11,202011:19 CDT) Christa Lopez-Reynolds Darren Loworn Senior Assistant City Attorney RECCOMENDED BY: CodyW i enburg(Sep 1,202011:25CDT) Cody M. Whittenburg Environmental Program Manager 09.�o° ° °°�dd d d do °O�•4dd ATTEST: ox0, Mary J. Kayser al nexpsapa City Secretary M&C: 20-0503 08/04/20 HB 1295: 2020-633508 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. Samuel Sarreht on twig behalf ofR0 or'aran-thaw Samuel Ba. uehalf of Roger Grantham(Sep 11,20201:23CDT Roger Grantham Environmental Supervisor OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Fourth Amendment to Contract#48169 Page 3 of 6 Enercon Services,Inc. EXHIBIT A FEE SCHEDULE PERSONNEL CHARGES: Enercon Services, Inc. (ENERCON) performs engineering and technical consulting services on a time and materials basis. The hourly fee for personnel is shown in the table below. The indicated hourly rates include direct employee costs such as salary, insurance, vacation, holidays, worker compensation, taxes, other employee costs, and profit and overhead. PROJECT ASSIGNMENT/ STRAIGHT TIME OVERTIME TITLE RATE ($/HR) FACTOR Program Manager 150.00 1.0 Program QNQC 140.00 1.0 Senior 135.00 1.0 Consultant/Engineer/Geologist* Project Manager* 125.00 1.0 Senior Geographer 100.00 1.0 Senior Scientist/Engineer 90.00 1.0 Scientist/Engineer 1 80.00 1.0 Scientist/Engineer II 75.00 1.0 Scientist/Engineer III 70.00 1.0 Technical Specialist 1 65.00 1.0 Technical Specialist II 55.00 1.0 Clerical 50.00 1.25 * Includes Professional Engineer(P.E.)and Professional Geosc1ent1st(P.G.) Scientist and engineering positions require experience and education in the engineering, geological science, biological science, and/or related fields. Scientists and Engineers include biologists, hydrogeologists, geologists, environmental specialists, and other science disciplines. The overtime rate is the straight time billing rate times the overtime factor for the position. For levels 2 - 10 the overtime rate is the same as the straight time rate. Fourth Amendment to Contract#48169 Page 4 of 6 Enercon Services,Inc. EQUIPMENT CHARGES: On some projects, specialized equipment must be used to complete the job effectively, efficiently, and safely. The table below gives the unit rates specified equipment will be billed at on time and materials projects. EQUIPMENT RATE($) 1/2 Ton Truck 100.00/day PI D/OVM 85.00/day Oil/Water Interface Probe 75.00/day LEL/02/H2S/CO Meter 75.00/day Ph, SC, Temp. Meter 100.00/day Turbidity Meter 35.00/day Soil Gas Kit 75.00/day Soil Probe/Auger Kit 75.00/day Generator 100.00/day Opacity Instruments (Clinometer, Compass, Humidity/Temp, Windmeter) 15.00/day 1-liter Disposable Bailers 6.00/each 1050 cc Teflon Bailers 35.00/day 350 cc Teflon Bailers 25.00/day Well Pump and Hoses 60.00/day PPE (includes tyvek, nomex, boots, gloves, hard hat, safety glasses) 50.00/man/day Respirator 20.00/man/day Company Vehicles (passenger cars and IRS Approved Rate light trucks) OTHER DIRECT COSTS: The client will be invoiced for other direct costs accrued in connection with authorized work assignments at actual cost plus ten (10) percent. These costs shall include, but not be limited to, the following: Transportation and Living Expenses Communication Expense (Telephone, Postage, Express Delivery Services, etc.) Printing and Reproduction Expense Fourth Amendment to Contract#48169 Page 5 of 6 Enercon Services,Inc. SUBCONTRACTORS: Subcontractors will be invoiced at cost plus ten (10) percent. These costs include excavation, drilling, and other specialty service companies. INVOICING: Invoices are issued monthly and payable within thirty (30) days. ENERCON invoices list total hours, billing rate, total personnel charges, travel and living expenses, and other applicable costs. Amounts outstanding after thirty (30) days from the date of the invoice will be subject to a late charge of one and one-half (1%) percent per month. The Remainder of This Page is Intentionally Left Blank Fourth Amendment to Contract#48169 Page 6 of 6 Enercon Services,Inc. Official City Council Agenda ❑® DATE: 8/4/2020REFERENCE **M&C 20- LOG NAME: 23LPST 95012 SITE NO.: 0503 REMEDIATION CODE: G TYPE: CONSENT PUBLICNO HEARING: SUBJECT: Authorize the Execution of Amendment No. 4 with Enercon Services, Inc. in the Amount Not to Exceed$2,071,550.20, Extend the Existing Contract Agreement for Two (2)Additional Terms, and Adopt Appropriation Ordinances (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Amendment No. 4 to City Secretary Contract No. 48169 with Enercon Services, Inc. (Enercon), increasing the total amount of this contract to not to exceed $2,071,550.20 in support of the soil and groundwater remediation located at 2500 Brennan Avenue; 2. Authorize the extension of City Secretary Contract No. 48169 for two (2) additional years beginning September 20, 2021 and ending September 19, 2023 in order to facilitate the completion of this remediation project; 3. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of$149,000 and decreasing receipts and appropriations in the Vehicles and Equipment-Solid Waste programmable project (City Project No. P00041)by the same amount; 4. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of $18,827 and decreasing receipts and appropriations in the Transfer from Environmental Management CHG Description project (City Project No. C21501)by the same amount; 5. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of $9,515 and decreasing receipts and appropriations in the Sycamore Creek Bacteria Management project (City Project No. 101140)by the same amount; 6. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of$654,818 and decreasing receipts and appropriations in the Litter Abatement Equipment project (City Project No. 100191) by the same amount; 7. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of $45,000 and decreasing receipts and appropriations in the Expanded Education — Captain Crud project (City Project No. 100600) by the same amount; 8. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Environmental Protection Capital Projects Fund by increasing receipts and appropriations in the Brennan Groundwater Remediation project in the amount of $51,627 and decreasing receipts and appropriations in the Litter Prevention Education project (City Project No. 100601) by the same amount; and 9. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Environmental Protection Capital Projects Fund by $276,984 from available funds for the Bennan Groundwater Remediation project (City Project No. 100492). DISCUSSION: This Mayor and Council Communication (M&C) is authorizing Amendment No. 4 to City Secretary Contract No. 48169 with Enercon Services, Inc. (Enercon) in the amount not to exceed $2,071,550.20. Authorizing the extension of the same contract for two (2) additional years and appropriating funds to complete the Brennan Avenue groundwater remediation. On September 13, 2016, Mayor and Council Communication(M&C C-27903), authorized the City Council to approve a contract with Enercon Services, Inc., for environmental and engineering consulting services in support of environmental capital improvement projects to remediate soil and groundwater contamination in the amount of$589,500.00. This original project specifically included the Brennan Avenue Groundwater Remediation Project. In 2008, a fuel release at 2500 Brennan Avenue was reported to the TCEQ, and the City of Fort Worth initiated interim remedial response actions to minimize the impact to the environment. TCEQ ordered the City to address the environmental issues as identified in the LPST ID No. 95012 case filed against the City in August 2008. The City, has identified a remediation plan to satisfy TCEQ's concerns that should resolve this case. This Amendment No. Four (4)will provide for additional time and funding for completing the necessary professional environmental engineering services and necessary corrective actions to achieve regulatory compliance and case closure from the TCEQ by extending the contract term by an additional 24 months. The following table exhibits the funding strategy: Environmental Protection Fund -Accounts Total Appropriation Total Information Decrease Appropriation Increase EP—Capital Projects Fund(Vehicles and $149,000 Equipment— Solid Waste) EP—Capital Projects Fund(Transfer from $18,827 Environmental Management (CHG) EP—Capital Projects Fund(Sycamore Creek $9,515 Bacteria Study) EP—Capital Projects Fund(Litter Abatement $654,818 Equipment) EP—Capital Projects Fund(Expanded Education— $45,000 Captain Crud) EP—Capital Projects Fund(Litter Prevention $51,627 Education) EP—Capital Projects Fund(Unspecified) just receipts no appropriations $276,984 EP-Capital Projects Fund(Brennan Groundwater Remediation) $1,205,771 TOTAL $1,205,771 $1,205,771 Enercon agrees to maintain its initial SBE commitment of 10\%that it made on the original agreement and extend and maintain that same SBE commitment of 10\%to this fourth amendment. Therefore Enercon remains in compliance with the City's BDE Ordinance and attests to its commitment by its signature on the Acceptance of Previous SBE Commitment form executed by an authorized representative of its company. The Code Compliance Department - Environmental Quality Division staff have coordinated this project with staff from both Property Management and Police Departments. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Environmental Protection Capital Projects fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Environmental Protection Capital Projects fund for the Brennan Groundwater Remediation project to support the approval of the above recommendations and execution of the amendment and extensions. Prior to an expenditure being incurred, the Code Compliance Department has the responsibility of verifying the availability of funds. TO FundDepartmentAccountProjectProgramActivityBudget Reference# Amount ID ID Year (Chartfield 2) FROM FundDepartmentAccountProjectProgramActivityBudget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by. Valerie Washington(6199) Originating Department Head: Brandon Bennett(6322) Additional Information Contact: David B. Carson(6336) ATTACHMENTS 23LPST 95012 SITE REMEDIATION 35005-1.docx 23LPST 95012 SITE REMEDIATION 35005-2.docx 23LPST 95012 SITE REMEDIATION 35005-3.docx 23LPST 95012 SITE REMEDIATION 35005-4.docx 23LPST 95012 SITE REMEDIATION 35005-5.docx 23LPST 95012 SITE REMEDIATION 35005-6.docx 23LPST 95012 SITE REMEDIATION 35005-7.docx APCF 4 1 pdf