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Home My WebLink AboutContract 27869�IiY S��R��i4�� - � y r _ �QNT�AC f f�f� . _..,, , .,[. � �TATE OF TEXA� COITliTTIES OF TARRAI�T A1�TD DE�TQ� AlVIEl�TD11�EI�TT TO CITY SECRETARY �OI�fiTRACT liTO. 26i41 THIS con�ract i s entered into by and betwe�n the City of Fort Worth ("Gifiy"), a home- xule municipality in the State of Texas, acting through Libby Watson, its duly authorized Ass�stan� City Manager, and �haw Environmental, Inc. �-� subsidiary of Shaw Environmental and Tnfrastruc�uxe, Tnc., �"Contz�acto�"), by and through . , ' ' _ � ' . _ , its duly au�horized Vxce Pre�ident. �IEREAS, the City and IT Corporation, entered into that certain agreement identified as City S�cretary Contrac� No. 26741 for a periad beginning May 1, 2001. and ending Aprz13 0, 2002 with two one-yeaar e�ensions; and ��EREA�, the City has executed its first year renewa� of the contraci; WHEREAS, IT Corparation filed bankruptcy under Chapter 11 and The Shaw Group, Incorporaied has been granted authority by f17e United States Bankruptcy Court for the District of Delaware to assume IT Corpc�ration's contxact with the City; WHEREA�, i� is the mutua�. desiare o� the pa.�rt�ies to amend sai�d C�ty Secretiary Contract 1'Jo. 26741 to reflect �he assumption ofthis cantract by Shaw Envirvnmental, � _� � Tnc., �e� subsidiar� of Shaw Environmental and Infrastructu.r�e, Inc. with a11 conditions, terms and pricing rema.ining the same as sta#ed in Contract No. 26741. 1�TOW, THEREFORE, THIS COl�TTRACT FURTHER WIT1iTE�SETH; THE BEGII�Tl�TL1�TG PARAGRAFH OF THE C��lTTRACT 1l1Ul�BER 26i41 currently on file in the office of �he City Se�cr�tary oithe City of Fort Worth i� her�by amended to read �s follows: -i- - ;�� f �+:��! �� '� ss��r:�r�. �r�r . This contr�ct i� entered inta by and betwee� the City of Fort Worth ("CYiy "), a home- rule mt�unicipality in the Statc o� Te�as, acting th�rou�h Libby Watson, i�s du�y authorized A,ssistant City 11�anager, and the Shaw Environmen�al, Inc. �� A subsidiary nf Shaw Envi�onmental aud inirastrncture, �nc. ("Contractor"}, by and through � fL�„ . �. , its duly author�zed Vice�President. �RTICLE S, "PROFE��IOI�AL RESP�l�TSTBILTY Ai�D WARR�iI�TY" xs amended to read as follows: Shaw Environmicntal, Inc. as Contractor shall pex�'orm services consistent with skill and care ordinarily exercised by other professional consujtants under similar circumstances a� the time service� are preformed, subject to any limi.tahons es#ablished by City as t� degree of care, time or egpense to be incarred or other lianifations of this �greement. Contractox wat�rants that it u�nderstands the currently known hazards anci �uspected hazards which are presented �o persnns, property and the environment by petroleuna storage tanks testing and repair. Gontractor �urther warrants that ii will perform all ser�ices under this a�reement in a safe, effici�nt and lawfiil manner usin� i� dus�iry accepf�d practices, �nd in full c.ompliance with all applicable state and federal laws governing its activities and is wnder no re�traint or order which wouid prohibit performance of services under thi� Contract. �RTYCLE �0, "li�OT�CES" is am.end�d fio read as follows: . ,... --� � . . ,,.. . �► �f to the Cont7rs�ctor: � . � 1 I�� 4 t� � h�� _ r , � r� Title: . ` - -_ .- _ . . , , - Sh�+„��n�o��ta� &.�#�'nctqre, Inc„ subsidiary of Shar�u Environmental. inc. � ,� �� _ . �. ='`,� _ A11 othe� terms and condi�ions of Cziy Secretary C ntxact No. 26741 rc�maiix� in fu11 force and e�fect. Executed �his day of � � CYTY�F FORT WORTH , � ,, _ r,xbby w�.tso� Assistant City Manager , � CONTRACTOR: Shaw Environmental, Inc. � - , . , ., ' �..:._ �. � _ i �. - � r T�� „��. •� nc`�v h✓� y� A��S�: '- ✓�l " � � . � '- City Secreta y (� --� # °� � �� _ �arit�a��.- �.�u��a� � � �$ � �� ,��►�� ..__. , .__.. _� �� Approved for Form and Legality: i� � s - • .� 1 _3_ � - --- � U��p 8i� ��C��Ji� � C��'� � �t�n�� ' �� l � O� .FO�"� T'�4�'1�I2, T'e.xas ��r ��d Cou�ncit C�r�r�u�i��-t�o� DAT� R�F�RENCE NUMBER LOG NAME PAGE 7116102 **�-� 9� �� 52SHAW � - 1 of 2 sue��cr APPROVAL OF AMENDMENT T4 CITY SECRETARY C�NTRACT NO. 26741 FOR ENVIRONMENTAL �NGINEERING SERVICES REC�MMENDATION: ft is recommended that the Gity Council: 1. Authorize the City Manager to execute an amendment to City Secre#ary Contract No. 2fi741 cf�anging the contractor #o �-�aw E�irr�n.men#al, In�., a su�sidiary of Shaw Environm�ntal and Ir�frastructure, Inc.; and 2. Appro�e the transfier ot $400,Od0 #rom the Enuironmenfal Management �perating Fund undes�gnated io undesignated eng�naering within the Environmental Management Fund; and 3. Adopt the attached apprapriation a�dinance inereasing estimated receipts �nd appropriatians in the Environmental Management Fund in the amount af $40�,000 from available funds. ' DISCUSSION: Or� April 24, 2Q01 (M&C G-185752}, t1�e City Cauncif authorized tF�e City Manager to execute an annua� cuntract wi#h IT C�rporation for environmental and engineering consu�ting serv�ces. The cantract was effective May 1, 2QQ1, for a one-year period ending April 30, 2�02, with iwa ane-year renewal periods. 5ervices were ta be perfarmed on an uas n�eded" basis with a maximum fee of $400,0OO.Ofl per year. The Gity exercised the first renewal aptian with 1T Corpor�tion effecti�e May 1, 2002, Earlier this y�ar, IT Carparation fled for bankruptcy under Ghapter 11. The 5haw Group, Inc. has been granted autharity by the United States Banf�ruptcy Caurt for the District af Delaware to purchase IT Cnrporation and assume its' con#ract wifh the Ci#y of Fart Worth. This confract amendment transfers City Secre#ary Contract No. 26749 from IT Corporation to SF�aw Envirvnmental, lnc., a subsidiary of Sf�aw En�ironmental and Infrastruciure, lnc,, which is a subsidiary � af The Shaw Group, Inc. P�R C14�0, �➢&G �-1�57� S�i�UL� tti�� C�1�572. �� CORR1�CiiOi� A��l��. +�'ity of .�o�t �o�th, T'exas M��r�r ��! Cou��il C��r�u��-ti�� DAT� REFERENCE NUMBER LOG NAM� PAGE i 7i� sra2 , **�n� �� s � 52SHAW 2 ot 2 � sus,�Ecr APPROVAL O� AMENDMENT TO CITY SECR�TARY C NTRACT N0. 28741 FOR ENVIRONMENTAL ENGINEERING SERVICES I �ISCAL IN�DRMATfC�NICERTIFICATlON: I The Finance Directar cerkifies that upon approval of khe above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Environmental Management Fund. I LW:k 5ubmitted for City Manager's Ofi3ce by: Libby Watson Origivating Department Head: I �� (to) 2&3} R101 6i83 � 2&3) R1�1 � nccou�v r �31200 472103 I CENT�R ` AMOTJ1�iT _� CITY SEC1tETARY _� 0520310�0000 $40Q,000.00 1 05203100�OQ0 $400,000.00 � I � APPROVED 07/16/02 0521100 $400,�pp.OD � ORD.# 1Sj58 ! � � ! Brian Boerner Additianal Tnfarmation Cantact: Brian Baerner $079 j (from) -- 2} R'{ 03 538070 8079 I Ordinance No, l �i � AN �RDINANC� INCREASlNG ESTIMATED RECEIPTS AND APPROPRTA'ITONS TN 'I"T�E ENVIltONMENTAL MANAG�NLENT PROJECT FUND IN THE AMQLTNT OF $400,000 FROM AWAILABLB FUN�S, F'4R THE PURPOSE dF FLFNDING A CONTRACT WITIi SHAW ENV�tONMENT.t�.i� INC. FOR ENVIRONIVIENTAL AND ENGINEERiNG CONSULTING SERVICES; MAK.ING THIS ORD]NANC� C[,TiVMLTLATIVE �F PRI�R ORDINANCES .IN CONFLICT HEREWi7��; AND PRQVIDING AN �FFECTIVE DATE. BE iT ORDAINED SY T��iE CITY COUNCIL OF THE C1TY OF �ORT WORTH, TEXA�S: SECTION 1. That in addition to those amaunts allocated to the� various City deparh�nents fnr FiscaI Year 2041-42 in the Budget of the City Manager, there shall also be increased estiznated zeceipts and appropriations in the Environmental Management P�oject Fund in the amount af $40Q,Q04 from avai�able funds for tYf,e puzpose of fiuiding a contract v�rifl� �haw �nvzranmental Ync., for envirorunental.and engineering caz►sulting services. SEe'ifON 2. Tlaat shouId any por�ion, section ar part of a sectian af this ordinance be declared invalid, inpperative ar void %r any reason by a court of campeter�� jurisdictinn, such decision, opinion or judgn�ent ahall in no way i�npair ti�e remaining portions, sectzons, or parts of sections of this ordinance, whic� said remaining pzovisions shall be and remain in fulI force and effect. SECrION 3. That this ordinauce shall be cucnulaiive of Ordinance Na. 14745 and all other ordinances and apprppriations amending t�e saine except in tiiose instances where the provisions of this ordinance are in clirect conflict with such o#her ordinances and appropriations, in which instance said conflictiz�g pravisions of said prior ordi�ances and appropriatians are hareby e�cpressly repealed. SECI�ON 4. Thzs ozd'mance shall #aice effect upQn adoptio�, AP R VED AS TO FORM E1ND LEGALTTY: r1. / �� ssistant City Attorney ADOFTED �ND Ek�ECTNE: