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HomeMy WebLinkAboutContract 41762-A4. ! 1 ST A TE OF TEXAS COUNTY OF TARRANT § § § KNOWN ALL BY THESE PRESENTS: FOURTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 41762 THIS FOURTH 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 hygiene, asbestos , and mold assessment services as authorized by Mayor and Council Communication C-24850 and amended by City Secretary Contract Amendments A-1 , A-2 , and A-3 as well as Change Order 41762-AlCOl ; 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 parties wish to extend the tenn of the contract for an additional 120 days from May 5 , 2014 until September 2 , 2014, 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 as heretofore amended; 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 tenn of contract: City Secretary Contract number 41762 as heretofore amended is extended to include an additional term beginning on May 5, 2014 and ending on September 2 , 2014 . .---------, Fourth Amendment to Contract #41762 Enercon Services, Inc. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 3 RECEIVED JUN 3 o 2014 2. Compensation Not to Exceed Amount: Compensation shall not exceed the expenditure cap of one hundred twenty-five thousand dollars ($125 ,000.00) during the period running from May 5, 2013 through September 2 , 2014. Fees and charges shall be billable according to the fee schedule in City Secretary Contract number 41762 as heretofore amended and is subject to all other terms and conditions as stated in City Secretary Contract number 41762 as heretofore amended. 3. Miscellaneous: All other definitions , terms , and conditions of City Secretary Contract number 41762 as heretofore amended shall remain unchanged except as expressly set forth herein. This contract is non-exclusive and CFW may employ other professional consultants to provide the same or similar services , in its sole discretion, during the term of this extension . The Remainder of This Page is Intentionally Left Blank Fourth Amendment to Contract #41762 Enercon Services, Inc . Page 2 of 3 SIGNATURE PAGE FOR FOURTH 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 Fernando Costa Assistant City Manager Date: 6/z~/t.f, .. T/PW -Environmental Management Division APPROVED AS TO FORM AND LEGALITY: ~~ Arthur N . Bashor Assistant City Attorney Fourth Amendment to Contract #41762 Enercon Services, Inc . CONTRACTOR Enercon Services, Inc. BY: -+-/Ju:=-----iJ.____LJ_~ __ _ Robert J. Davis Director, ESG Operations ITNESS: ~J)l,~\;,,,U ~~k ~~ CORPORA TE SEAL: -- ..--... .. ---:. ,::' ...... - .... -.. -..,_ .. ',-~ · .... '"~ ,;,~ -~; ... OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX / age 3 of 3