HomeMy WebLinkAboutContract 39544-A1 CITY SECRETARY
CONTRACT NO
STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 39544
DEM 09-09-SPINKS
THIS FIRST AMENDMENT to City Secretary Contract No. 39544 (hereinafter
"Amendment") 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 Bradley Garrett dba Garrett Excavation and
Demolition("Contractor").
WHEREAS, the City and Bradley Garrett dba Garrett Excavation and Demolition have
entered into that certain agreement identified as City Secretary Contract No. 39544 (also
the "Contract") commencing on September 15, 2009 for services to include the removal
of asbestos containing materials and structural demolition; and
WHEREAS, that subsequent to the execution of the aforementioned contract, additional
asbestos containing materials were discovered on site and a basement flooded with
asbestos contaminated water and that these conditions warrant the amendment of the
contract pursuant to Section 24 (Modification) of said contract; and
WHEREAS, the asbestos represents a potential threat to the public health and safety that
requires an expeditious response, and that under the provisions of the Texas Local
Government Code Section 252.022(a)(2) such municipal expenditures are exempt from
competitive bidding requirements; and
WHEREAS, on April 6, 2010, the City voted to increase the Scope of Work and the Not-
to-Exceed Amount for this contract as stated in the Mayor and Council Communication
C-24152 attached; and
WHEREAS, it is the mutual desire of the parties to amend said City Secretary Contract
No. 39544 to increase the Scope of Work and the and Not-to-Exceed Amount for this
contract as stated in the Mayor and Council Communication C-24152 attached; and
WHEREAS, the parties agree that all other conditions, terms, and pricing shall remain the
same as stated in City Secretary Contract No. 39544;
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 Contract Asbestos Abatement and Building Demolition- Page 1 of 3
DEM 09-09—Bradley Garrett dba Garrett Excavation and Demolition
1. Increased Scope of Work:
Pump, filter, temporarily store and legally dispose of approximately 250,000 gallons of
asbestos-contaminated water from the basement; and
Remove,package, transport and dispose of approximately 2,500 square feet of asbestos-
containing surface materials or "float" and transite flue.
2. Increased Not-to-Exceed Amount:
Additional work associated with this contract amendment is to be compensated at
$46,181.50, and the original Not-to-Exceed Amount is therefore increased to
$122,504.50.
3. Miscellaneous:
Nothing contained herein shall be deemed to amend or modify the Contract, except as
expressly set forth herein. Any term used but not expressly defined herein, shall have
that meaning set forth in the Contract.
The Remainder of This Page is Intentionally Left Blank
First Amendment to Contract Asbestos Abatement and Building Demolition- Page 2 of 3
DEM 09-09-Bradley Garrett dba Garrett Excavation and Demolition
SIGNATURE PAGE FOR FIRST AMENDMENT
TO
CITY SECRETARY CONTRACT NO. 39544
DEM 09-09-SPINKS
IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort
Worth, Texas, on the dates written below.
CITY OF FORT WORTH CONTRACTOR
Bradley Garrett dba Garrett Excavation
and Demolition
BY BYA 4 l —
Fernando Costa Bradley Garrett
Assistant City Manager
APPROVED AS TO FORM WITNESS:
AND LEGALITY:
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Arthur N. Bashor
Assistant City Attorney
ATTEST:
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First Amendment to Contract Asbestos Abatement and Building Demolition- Page 3 of 3
DEM 09-09-Bradley Garrett dba Garrett Excavation and Demolition
• City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/6/2010 - Ord. No. 19098-04-2010
DATE: Tuesday, April 06, 2010 REFERENCE NO.: **C-24152
LOG NAME: 52AMENDMENT TO GARRETT FOR SPINKS
SUBJECT:
Adopt Appropriation Ordinance and Execute Amendment No. 1 to City Secretary Contract No. 39544 with
Bradley Garrett, d/b/a Garrett Excavation and Demolition, in the Amount of$46,181.50 for Asbestos
Removal and Demolition of the Former Oak Grove Airport Terminal Buildings Located at Spinks Airport
(COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Environmental Management Fund in the amount of$46,181.50 from available funds; and
2. Execute Amendment No. 1 to City Secretary Contract No. 39544 with Bradley Garrett, d/b/a Garrett
Excavation and Demolition, in the amount of$46,181.50 for asbestos removal and demolition of the
former Oak Grove Airport terminal buildings located at Spinks Airport.
DISCUSSION:
On September 15, 2009, Bradley Garrett, d/b/a Garrett Excavation and Demolition (Garrett)was awarded
a Contract(M&C C-23777, City Secretary Contract No. 39544) in the amount of$76,323.00 for asbestos
removal and demolition of the former Oak Grove Airport terminal buildings located at Spinks Airport.
When Garrett mobilized to the job site it was discovered that an asbestos containing ceiling in a stairwell
had collapsed into the basement which contaminated the groundwater that had collected in the basement.
Additionally, during the asbestos removal process additional asbestos was found in two of the buildings
beneath wood paneling. This newly identified asbestos requires proper removal, transportation and
disposal. The basement impacted water must be filtered and sampled prior to discharge in the City of Fort
Worth's sanitary sewer. The original scope of work must be broadened to include:
• Pump, filter, temporary store and dispose of approximately 250,000 gallons of asbestos-
contaminated water from the basement; and
• Remove, package, transport and dispose of approximately 2,500 square feet asbestos-containing
surface materials or"float" and transite flue.
This additional work will cost $46,181.50 and the new not-to-exceed contract cost will be $122,504.50.
M/WBE — no additional M/WBE compliance is required.
This project is located COUNCIL DISTRICT 8 but will serve Fort Worth residents in ALL COUNCIL
DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Environmental Management Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
1) R101 441012 052011000000 $46,181.50 2) R101 539410 052200907000 $46,181.50
1) R101 539410 052011000000 $46,181.50
CERTIFICATIONS:
Submitted for City Manager's Office by Fernando Costa (6122)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
ATTACHMENTS
1. 52AMENDMENT TO_GARRETT FOR_SPIN_KS__AO.doc (Public)
2. Bond Fund Transfer-Oak Grove Terminal Bldgs.pdf (CFW Internal)
3. Fund Availability.pdf (CFW Internal)
4. MAP OF TERMINAL BUILDINGS AT SPINKS.pdf (Public)