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HomeMy WebLinkAbout07. Amend CF Environmental Agreement AGENDA MEMO DATE: May 24, 2011 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: John Oskoui, P.E., Director of Public Works SUBJECT: AMENDMENT TO AGREEMENT WITH CF ENVIRONMENTAL, INC. FOR ENVIRONMENTAL TESTING, ENGINEERNIG AND MONITORING SERVICES RECOMMENDATION: That the City Council authorize the Mayor to execute an extension to the Professional Services Agreement with CF Environmental, Inc. for environmental testing, engineering and monitoring services. BACKGROUND: On May 11, 2010, the City Council authorized a professional services agreement with CF Environmental, Inc. to provide environmental testing, engineering and monitoring services for the abatement of asbestos materials at the Downey Theatre. DISCUSSION: Implementation of the Heating, Ventilation and Air Conditioning (HVAC) Retrofit Project – Cash Contract No. 674, which will take place from June 2011 to May 2012, will require environmental inspection, testing and monitoring of asbestos containing material (ACM) in the Downey Theatre. In order to accommodate construction of Cash Contract No. 674, the Professional Services Agreement with CF Environmental, Inc. needs to be amended to extend its current term from May 24, 2011 to May 24, 2012. The contract amount of $28,370.00 will remain unchanged. As part of its contract with the City of Downey, CF Environmental, Inc. will provide the following services: 1. Hazardous materials survey and testing 2. Development of hazardous material abatement technical specification and estimate of cost 3. Monitoring of the actual abatement process CITY OF DOWNEY, CALIFORNIA Mayor and Members of the City Council Amendment to Agreement with CF Environmental, Inc. May 24, 2011 Page 2 FINANCIAL IMPACT: The May 11, 2010, agreement between CF Environmental, Inc. and the City is for $28,370.00. Of this amount, $5,015.00 has been expended, leaving a remaining balance of $23,355.00. The earmarked budget of $35,000.00 which is funded through the Energy Efficiency and Conservation Block Grant Funds is adequate to cover the cost of services provided by CF Environmental, Inc. Attachments: Amendment to the May 11, 2010 Agreement Agreement of May 11, 2010 S:\AgendaMemosCC2011\05-24-11\CFAgrmt. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ENVIRONMENTAL SERVICES THIS AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the th “Amendment”) is entered into this 24 day of May, 2011, by the CITY OF DOWNEY, a municipal corporation (hereinafter “City”), and CF Environmental, Inc. (hereinafter “Consultant”). RECITALS 1. In May 2010, City and Consultant entered into a Professional Services Agreement (“Agreement”) for providing environmental testing, engineering and monitoring services for a one year period from May 24, 2010 to May 24, 2011. 2. City and Consultant desire to extend the initial term of the Agreement to May 24, 2012. NOW, THEREFORE , in view of the above-recitals and mutual promises and covenants contained herein, the parties agree as follows: Section 1. Validity of Agreement. Expect as expressly amended in this Amendment, the Agreement shall remain in full force and effect. Other than the specific matters set forth in this Amendment, this Amendment is not intended to modify the responsibilities of the parties. Section 2. Amendment of Term of Agreement. City and consultant hereby amend Term paragraph 3.1.2 . on pages 1 and 2 of the Agreement to state as follows: Term. 3.1.2The term of this Agreement shall be effective until May 24, 2012, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines that may be set by City staff in carrying out the terms of this Agreement.” Executed at Downey, California, on the day and year first written above. SIGNATURE PAGE TO CITY OF DOWNEY PROFESSIONAL SERVICES AGREEMENT CITY OF DOWNEY CF Environmental, Inc. “CITY” “CONSULTANT” By: By: _____ Luis H. Marquez, Mayor John Long Date: ______________ Date: ________________________ Attest: ______ Joyce E. Doyle, Interim City Clerk Date: ______________ Approved as to Form: ____________________ Yvette M. Abich Garcia, City Attorney Date: ______________