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HomeMy WebLinkAboutContract 41762-A1STA TE OF TEXAS COUNTY OF TARRANT § § § CITY SECRETARVL) /i(il-/-rl CONTRACT NO.~_..;;.--- KNOWN ALL BY THESE PRESENTS : FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 41762 THIS FIRST AMENDMENT to City Secretary Contract No . 41762 is entered into by and between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas , acting through Fernando Costa, its duly authorized Assistant City Manager, and Enercon Services , Inc ., a corporation registered in Texas ("Contractor"), acting through John R. Com, its duly authorized Vice President. WHEREAS , the City and Enercon Services , Inc. have entered into that certain agreement identified as City Secretary Contract No . 41762 (also the "Contract") commencing on May 5, 2011 for industrial hy giene , asbestos , and mold assessment services as authorized by Mayor and Council Communication C-24850 ; 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 three additional periods of one year each; and WHEREAS , the parties wish to extend the term of the initial contract for an additional year 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. 41762 ; 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 41762 is extended to include the term beginning on May 5, 2012 and ending on May 5, 2013. First Amendment to Contract #41762 Enercon Services, Inc. 05-04-12 A11:22 IN OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 3 2. Compensation Not to Exceed Amount: Compensation shall not exceed one hundred thousand dollars ($100 ,000.00) for the term of this amendment, billable according to the fee schedule in City Secretary Contract number 41762 and subject to all other terms and conditions as stated in City Secretary Contract number 41762 . 3 . Miscellaneous: All other definitions , terms , and conditions of City Secretary Contract number 41762 shall remain unchanged except as expressly set forth herein. The Remainder of This Page is Intentionally Left Blank First Amendment to Contract #41762 Enercon Services, Inc. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 2 of 3 .. .. SIGNATURE PAGE FOR FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 41762 IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas , on the dates written below. CITY OF FORT WORTH BY:Ji.••=••"'-~ - Fernando Costa Assistant City Manager Date: ,Z,J.t APPROVED AS TO FORM AND LEGALITY: rth7rN. Bashor Assistant City Attorney First Amendment to Contract #41762 Enercon Services, Inc. CONTRACTOR Enercon Services , Inc. WITNESS: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 3 M&C R eview Page I of 2 Official site of the City of Fort \North, Texas CITY COUNCIL AGENDA FORT WORTH --...,...--- COUNCIL ACTION: Approved on 4/12/2011 DATE: 4/12/2011 REFERENCE NO.: **C-24850 LOG NAME: 20AIHS2011 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Professional Services Contract with Enercon Services , Inc ., for Industrial Hygiene , Asbestos and Mold Assessment Services Not to Exceed $100 ,000 .00 Per Contract Year RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a professional services contract with Enercon Services , Inc ., for industrial hygiene , asbestos and mold assessment services not to exceed $100 ,000 .00 per contract year. DISCUSSION: The Transportation and Public Works Department and Environmental Services Division requires a professional services contract for the provision of industrial hygiene , asbestos and mold consultant services on an as-needed basis . The Environmental Services Division requested qualifications from industrial hygiene , asbestos and mold assessment service providers on December 9 , 2010. Statements of Qualifications were received on January 13 , 2011 from the following firms : Enercon Services , Inc. ERC Environmental Consultants , Inc . Professional Service Industries , Inc . Strategic Environmental Health & Safety Solutions , Inc. SWG Consultants , Inc. dba Southwest Geoscience Terracon Consultants , Inc . Staff first reviewed the Statements of Qualifications received and selected Enercon Services , Inc. based on demonstrated competence and qualifications to perform the services . Staff then reviewed the sealed cost proposal and determined the prices submitted to be fair and reasonable . Staff recommends award of the contract to Enercon Services , Inc. The contract term will be one year, with three one-year options to renew. Renewal may be affected by mutual agreement in writing by the City Manager or his designated representative to the contractor within 30 days of the expiration of the prior term and does not require specific City Council approval , provided that the City Counc il has appropriated sufficient funds to sat isfy the City 's obligation during the renewal term . This contract will span two fiscal years , with approximately 4 0 percent of the expenditures expected in Fiscal Year 2011 and the remaining 60 percent occurring in Fiscal Year 2012 . Enercon Services , Inc., is in compliance w ith the C ity's M/WBE Ordinance by committing to five percent M/WBE participation . The City's goal on this project is five percent. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget , as appropriated , of the Environmental Protection Operating Fund (R103). h ttp ://app s .cfwnet.org/counci l_packet/m c _rev iew.as p ?I D= l 49 15&council date=4/l 2 /20 1 1 5/4/20 12 M&C Review TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Page 2 of 2 FROM Fund/Account/Centers R103 539 12 0 0 2041 06 $1 00 .000.00 Fernando Costa (6 122) Greg Simmons (Acting ) (7862) Michael A. Gange (6569) http://apps.cfwnet.org/council_packet/mc _rev iew.asp ?I D=l 4915&councildate=4/12 /20l l 5/4/2012