HomeMy WebLinkAboutContract 40728-A1CITY SECRETARY
CONTRACT NO . 4Qia.g ~A.I
STATE OF TEXAS
COUNTY OF TARRANT
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KNOWN ALL BY THESE PRESENTS:
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 40728
DEM 10-05 -NGAQS
THIS FIRST AMENDMENT to City Secretary Contract No . 40728 (hereinafter
"Amendment") is entered into by and between the City of Fort Worth ("City"), a home-
rule municipality in the State of Texas, acting by and through Fernando Costa, its duly
authorized Assistant City Manager, and Eastern Research Group, Inc. ("Contractor"),
acting by and through John Eyraud, its duly authorized Vice President.
WHEREAS , the City and Contractor have entered into that certain agreement identified ·
as City Secretary Contract No. 40728 (also the "Contract") executed on August 20 , 2010
for services to include a study of air quality as it relates to natural gas production related
activities; and
WHEREAS , that subsequent to the execution of the aforementioned contract, additional
time and materials were discovered to be necessary to complete the scope of work
contemplated for complete performance of the work plan (Attachment A to Contract
40728); and
WHEREAS , that the City and Contractor mutually agree to increase the not-to-exceed
amount for compensation under the terms described herein in order to complete the scope
of work identified in the work plan; and
WHEREAS, this amendment is pursuant to and m accordance with Article 19
(Modification) of said contract; and
WHEREAS, the contact to be amended is a professional services contract as described in
the Texas Local Government Code at Section 252.022(a)(4) and such contracts are
exempt from competitive bidding requirements; ~nd
WHEREAS , on December 14, 2010, the City voted to increase the not-to-exceed amount
for the contract as stated in the Mayor and Council Communication C-24659 attached.
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 City Secretary Contract No . 40728
DEM 10-05-City of Fort Worth and Eastern Research Group, Inc .
I '>-1 - I
OFFICIAL RECORD
CITY SECRETARY
PaJJ.e J.9/ 4 F •~ wORTH, TX
I I
This contract amendment provides funding as specified herein:
• additional funding for Task 1, which includes labor and materials to complete
Project Management in the amount of $6 ,696 ;
• additional funding for Task 3, for the additional canister samples necessary under
the initial Point Source Testing conducted to date in the amount of $12 ,000 ; and
• additional funding for Task 5, which includes labor , materials, travel expenses,
and subcontractor costs to complete Communication and Outreach in the amount
of $32,752 .
This contract amendment with regards to future Point Source Testing is intended by the
parties:
• to provide authorization to complete the Point Source Testing task for the Fort
Worth Natural Gas Air Quality Study (NGAQS), Contract #40728 , Task 3 ;
• to change the method of compensation for all work necessary to complete point
source testing of 180 additional well pads under the Point Source Testing, Task 3,
as described in the contract documents, from a time and materials (T &M) basis to
a fixed unit price (FUP) basis ; and
• to provide additional funding for Task 3, which includes all labor, materials ,
travel expenses, analytical, and subcontractor costs to complete the remaining 180
test sites at the agreed price of $1,900 per active well pad tested as per the work
plan protocol and a one-time remobilization fee of $9 ,000 for a total not-to-
exceed price of$351,000.
Article 3 of the Contract is amended by adding $402 ,448 thus increasing the overall not-
to -exceed amount to One Million , Two Thousand , Four Hundred Forty Eight Dollars
($1 ,002 ,448) as specified herein.
All terms and conditions of the previous contract documents shall remain unchanged
except as specifically provided in this Contract Amendment. In the event of a conflict,
the terms of this contract amendment supersede any contrary provisions in any prior
agreement between the parties. The reimbursement method for the first $268,477 of Task
3 remains unchanged as time and materials.
Contractor agrees to guarantee to perform all work necessary to complete Task 3 of the
Contractor's Final Work Plan under the terms of compensation as specified herein.
Specifically, Contractor will perform Point Source Testing at 180 active well pads in
addition to the 190 well pads already tested.
The unit and not-to-exceed prices and billing terms are agreed to as follows: Contractor
may invoice the agreed unit price of $1,900 per active well pad as defined in the work
plan on a monthly basis as soon as testing of each site is completed, and the agreed one-
time remobilization fee of $9,000 may be included in the first invoice submitted after
field work has resumed in January, 2011.
First Amendment to City Secretary Contract No . 40728 Page 2 of 4
DEM 10-05 -City of Fort Worth and Eastern Research Group, Inc .
Mobilization shall ensure field work begins no later than January 3, 2011 , and field work
will be completed no later than February 28, 2011 .
The draft report as described in Task 7 of the Work Plan will be delivered no later than
June 15 , 2011. The final report will be delivered no later than June 30, 2011.
Contractor assumes all risk of any cost overrun for any reason including adverse weather .
Pertaining to the Task 3 work, this provision takes precedence over the force majeure
clause in any prior contract. Contractor will be granted an extension in time for delays of
deliverables directly due to a continuous period of adverse weather that exceeds one
week or due to any event declared a disaster or emergency by the United States
government or the State of Texas that is proportional to the event.
Contractor will take all reasonable measures to ensure that adequate staff, materials, and
equipment are available to complete the work contemplated under the contract
documents .
The City of Fort Worth will provide reasonable office accommodations comparable to
that provided for previous work under the NGAQS but no less than 12 hours per day six
days per week ..
The City of Fort Worth will provide staff necessary to accompany the Contractors field
teams as needed to access the study sites to a maximum of six days per week .
The City gas well inspectors shall be available to assist the ERG point source team in
obtaining compressor engine data when such data is not available on the equipment itself.
The City of Fort Worth will not provide additional compen sation other than as agreed
herein for Task 3 of the Work Plan.
The Remainder of This Page is Intentionally Left Blank
First Amendment to City Secretary Contract No . 40728 Page 3 of 4
DEM 10-05-City of Fort Worth and Eastern Research Group , Inc .
SIGNATURE PAGE FOR FIRST AMENDMENT
TO
CITY SECRETARY CONTRACT NO. 40728
DEM 10-05 -NGAQS
IN WITNESS THEREOF , the parties have executed this contract in triplicate in Fort
Worth , Texas , on the dates written below.
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY :
~/A. /r-----
Arthur N . Bashor
Assistant City Attorney
First Amendment to City Secretary Contract No . 40728
CONTRACTOR
Eastern Research Group , Inc .
BY ~~~
JohnEy~
Vice President
WITNESS:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DEM 10-05-City of Fort Worth and Eastern Research Group, Inc.
Page 4 of
M &CReview Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT WORTH
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COUNCIL ACTION: Approved on 12/14/2010 -Ord. No. 19494-12-2010 & 19495-12-2010
DATE:
CODE:
12/14/2010 REFERENCE NO.: C-24659
C TYPE: NON-
CONSENT
LOG NAME:
PUBLIC
HEARING:
062040QAPP _
AMEND 1
NO
SUBJECT: Authorize the Execution of Amendment No. 1 with Eastern Research Group , Inc., in the
Amount of $402,448.00 for the Fort Worth Air Quality Study and Adopt Appropriation
Ordinances (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council :
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Capital Projects Reserve Fund -General Unrestricted Gas Lease Revenue by $402,448.00 from available
funds;
2 . Authorize the transfer of $402,448.00 from the Capital Projects Reserve Fund -General Unrestricted
Gas Lease Revenue to the General Fund;
3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts in the General
Fund by $402,448.00 from available funds; and
4. Authorize the City Manager to execute Amendment No. 1 in the amount of $402,448 .00 with Eastern
Research Group, Inc., for the Fort Worth Air Quality Study.
DISCUSSION:
The City Council established the Air Quality Committee on March 9, 2010 (Resolution No. 3866-03-2010).
This committee was tasked with identifying the study objectives , evaluating qualifications of consultants,
rev iewing the scope of work with candidate consultants , and recommending a consultant and study
framework to the City Council. After reviewing the written submittals and conducting interviews , the
Committee has recommended Eastern Research Group, Inc., (ERG) for the Air Quality Study.
On July 20 , 2010, (M&C C-24354) the City Council authorized a contract with ERG in the amount of
$50 ,000.00 to allow ERG to begin preliminary background work during July, 2010. The initial phase of work
included ambient air monitoring network design and point source test plan development. Focus was on
existing data regarding gas well sites and operations within Fort Worth as well as the scientific information
regarding sampling design, analysis methods and the quality assurance/quality control procedures to be
adhered to during the work .
On August 3 , 2010 , (M&C C-24375) the City Council authorized a contract with ERG in the amount of
$600,000.00 to allow ERG to quantify the volume and mass of emissions from natural gas operations
during all phases of the natural gas drilling, production , and operational process . During Point Source
Testing efforts ERG found that additional funds were necessary in order to reach 75 percent of the active
well pad sites within Fort Worth. This amendment to the contract will allow ERG to perform Point Source
Testing on an additional 180 active well pad sites for a total cost of $351 ,000 .00. Each site visited will be
invoiced at a fixed price to ensure reaching the set goal for this cost. Additionally , costs for project
management ($6 ,696.00), additional canister analysis from the first phase of Point Source Testing
($12 ,000 .00), and communication and outreach costs ($32,752.00) are included in this amendment. This
amendment will increase the overall contracted costs by $402,448.00 to raise the overall not-to-exceed
contracted amount to $1 ,052,448 .00 .
The sampling and field work under this Amendment will occu r from January through February 2011 . The
final report for the entire project is expected in June 2011.
http://apps.cfwnet.org/council_packet/mc _re view .asp?ID= 14599&councildate= 12 /14 /2010 12 /15 /2010
1l&c Review Page 2 of2
Eastern Research Group, Inc., is in compliance with the City's M/WBE Ordinance by committing to 10
percent M/WBE participation on Amendment No . 1 and the preliminary background work associated with
this study.
This work will affect ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached supplemental appropriation ordinances, funds will be available in the current
capital budget of the Capital Projects Reserve Fund and the current operating budget of the General Fund .
TO Fund/Account/Centers
1) GC10 446200 006060001000
1)2) GC10 538070 006060001000
3) GG01 539120 0062040
3) GG01 472010 0062040
$402,448.00
$402,448.00
$402 ,4 48.00
$402 ,4 48 .00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
06 2040QAPP Amend 1 REC2-Bev2 .dQQ
06 2040QAPP Amend 1 REC4-REV2.doc
FROM Fund/Account/Centers
2) GC10 538070 006060001000 $402 ,4 48 .00
4) GG01 539120 0062040 $402,448.00
Fernando Costa (6122)
Randle Harwood (6101)
Rick Trice (7959)
Michael Gange (6569)
http ://apps.cfwnet.org/council_p acket/mc _re view .asp?ID= 14599&councildate= 12/1 4/2 010 12 /15 /2010