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HomeMy WebLinkAboutContract 56761-A2R2CSC No. 56761-A2 R2 SECOND AMENDMENT TO AND SECOND RENEWAL OF FORT WORTH CITY SECRETARY CONTRACT NO. 56761 This Second Amendment to and Second Renewal of the FORT WORTH CITY SECRETARY CONTRACT NO. 56761 ("Amendment and Renewal"), between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, and ENERCON SERVICES, INC. ("Contractor"), an Oklahoma corporation, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS the City and Enercon Services, Inc. have entered into that certain agreement identified as City Secretary Contract No. 56761 (also the "Agreement") commencing on November 30, 2021 for services involving environmental engineering and consulting services, and; WHEREAS the Agreement was amended on April 26, 2022 (Fort Worth City Secretary Contract No. 56761-A1) to include additional services and to increase the Agreement's total not - to -exceed amount to $167,500.00 per year; and WHEREAS the Agreement has been renewed through November 29, 2023 (Fort Worth City Secretary Contract No. 56761-R1); and WHEREAS City and Contractor desire to amend the Agreement to revise the Agreement's Fee Schedule; and WHEREAS City and Contractor also desire to renew the Agreement through November 29, 2024. NOW THEREFORE, City and Contractor, acting herein by and through their duly authorized representatives, agree to the following terms: 1. Renewal. The City hereby exercises its second of four options to renew the Agreement for an additional one (1) year term which will expire on November 29, 2024, unless terminated earlier in accordance with the Agreement. 2. Amendment of Fee Schedule. The Fee Schedule attached to this Amendment and Renewal as Exhibit A is incorporated into the Fee Schedule attached to the Agreement as Attachment B. In the event of any conflict between the Fee Schedule attached to this Amendment and Renewal as Exhibit A and the Fee Schedule attached to the Agreement as Attachment B, the Fee Schedule attached to this Amendment and Renewal as Exhibit A shall control. 3. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. OFFICIAL RECORD [signature page follows] CITY SECRETARY FT. WORTH, TX Second Amendment to and Second Renewal of Fort Worth City Secretary Contract No. 56761 Enercon Services, Inc. Page 1 of 2 ACCEPTED AND AGREED: CITY OF FORT WORTH: I L W t,- By: Valerie Washington (Nov 7, 2023 17:27 CST) Name: Valerie Washington Title: Assistant City Manager Date: November7,2023 APPROVAL RECOMMENDED: By: JuR lidd(Nov 6,202315:33CST) Name: Julianne Ragland Title: Environmental Program Manager 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. By: 4 Name: Roger Grantham Title: Environmental Supervisor APPROVED AS TO FORM AND LEGALITY: ATTEST: v'>°F° ° dd ✓�2u� �/3 L2t1 ,tea o9-1dd By: O Name: Matthew A. Murray g dann aEo Title: Assistant City Attorney By: Name: Jannette S. Goodall CONTRACT AUTHORIZATION: Title: City Secretary M&C: 21-0910 November 30, 2021 VENDOR: ENERCON SERVICES, INC. I'G By: Chris L. Stammen (Nov 2, 2023 11:41 EDT) Name: Christopher Stammen Title: Senior Vice President Date: 11/2/2023 Second Amendment to and Second Renewal of Fort Worth City Secretary Contract No. 56761 Enercon Services, Inc. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 2 of 2 Exhibit A 10 ENERCON Excellence —Every project. Everyday. (PROPRIETARY INFORMATION) CITY OF FORT WORTH CS NO.56761-R2 CONTRACT FEE SCHEDULE ENVIRONMENTAL & ENGINEERING CONSULTING SERVICES 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 QA/QC 200.00 1.0 Program Manager* 175.00 1.0 Project Manager 150.00 1.0 Senior Scientist/Engineer 135.00 1.0 Scientist/Engineer I 115.00 1.0 Scientist/Engineer II 105.00 1.0 Scientist/Engineer III 95.00 1.0 Technical Specialist / Admin 85.00 1.0 * Includes Professional Engineer (P.E.) and Professional Geoscientist (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, geographers, environmental specialists, and other science disciplines. City of Fort Worth 1 of 3 Enercon Services, Inc. ENV 21-02: EECS CS NO. 56761-R2 C) ENERCON Excellence —Every project. Everyday. (PROPRIETARY INFORMATION) 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 '/2-Ton Truck PID/OVM Oil/Water Interface Probe LEL/02/H2S/CO Meter Ph, SC, Temp. Meter Turbidity Meter Soil Gas Kit Soil Probe/Auger Kit Generator Opacity Instruments (Clinometer, Compass, Humidity/Temp, Windmeter) 1-liter Disposable Bailers 1050 cc Teflon Bailers 350 cc Teflon Bailers Well Pump and Hoses PPE (includes tyvek, nomex, boots, gloves, hard hat, safety glasses) Respirator Company Vehicles (passenger cars and light trucks) RATE ($) 1 150.00/day 95.00/day 85.00/day 85.00/day 100.00/day 45.00/day 85.00/day 85.00/day 110.00/day 25.00/day 12.00/each 45.00/day 45.00/day 80.00/day 75.00/man/day 35.00/man/day IRS Approved Rate City of Fort Worth 2 of 3 Enercon Services, Inc. ENV 21-02: EECS CS NO. 56761-R2 C) ENERCON Excellence —Every project. Everyday. (PROPRIETARY INFORMATION) 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 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 (I V2) percent per month. City of Fort Worth 3 of 3 Enercon Services, Inc. ENV 21-02: EECS CS NO. 56761-R2