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HomeMy WebLinkAboutContract 55568-A1 CSC No.55568-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 55568 This Amendment is entered into by and between the City of Fort Worth (hereafter 'Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Chem-Aqua, Inc. ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on April 13, 2021, the Parties entered into City Secretary Contract 55568 to provide non-exclusive water treatment services and supplies ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to increase the compensation amount and include water treatment services at the Village Creek Treatment Plant, Rolling Hills Water Treatment Plant, Eagle Mountain Treatment Plant, Westside Water Treatment Plant and North/South Holly Treatment Plants. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS Section 3.1, within section 3 entitled "Compensation," of the Agreement is hereby amended to read as follows: Contractor understands and agrees that the City may award non-exclusive services agreements to multiple bidders for water treatment services as outlined in City of Fort Worth ITB No. 21-0018. Contractor further understands that the aggregate amount of all contracts awarded to multiple contractors under ITB 21-0018 shall be in the amount of One Hundred Seven Thousand and 00/100 Dollars ($107,000.00) and that the City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement. City shall pay Contractor in accordance with this Agreement and the fee schedule attached hereto as Exhibit "B," — Price Schedule. Contractor shall not perform any additional services or bill for expenses incurred not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. ; Exhibit A, Scope of Services, Section 3, "WATER TREATMENT SERVICES FOR THE WATER LABORATORY" of the Agreement is hereby amended to read as follows: 3. "WATER TREATMENT SERVICES FOR THE WATER DEPARTMENT". 3.1. Water Treatment services for the Water Department shall take place at the OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX following locations: Facility Address Centralized Water and 2600 SE Loop 820,Fort Worth, Wastewater Lab TX 76140-1010 Village Creek Treatment Plant 4500 Wilma Lane,Arlington,TX 76012 Rolling Hills Water Treatment 2500 SE Loop 820, Fort Worth, Plant TX 76140 Eagle Mountain Treatment Plant 6801 Bowman Roberts Road, Fort Worth,TX 76179 North/South Holly Treatment 1500 11'Ave,Fort Worth,TX Plant 76102 Westside Treatment Plant 12200 Old Weatherford Rd, Aledo,TX 76008 3.3. Contractor shall provide services on a quarterly basis at minimum for Centralized Water and Wastewater Laboratory and on a monthly basis at minimum for Village Creek Treatment Plant, Rolling Hills Water Treatment Plant, Eagle Mountain Treatment Plant, Westside Water Treatment Plant and North/South Holly Treatment Plants. 3.12.6. The City of Fort Worth Water Department must review and approve all chemicals used and recommended for biological, scale, and corrosion control. These chemicals will be chosen based upon the current water chemistry. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: Dana HunghdoAc By signing I acknowledge that I am the person By: Dana Burghdoff Oct 5,202109:39 CDT) responsible for the monitoring and administration of this contract,including ensuring all OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Name: Dana Burghdoff performance and reporting requirements. Title: Assistant City Manager Date: By: Name: Shatabya Bergland APPROVAL RECOMMENDED: Title: Contract Compliance Specialist �� HArd&r APPROVED AS TO FORM AND LEGALITY: By: Christopher 4arder(Oct 5,202107:08 CDT) '�F­5� Name: Chris Harder By: Title: Water Director Name: Taylor Paris pp4.�.coRr� a Title: Assistant City Attorney x7 F`` ooaooe,000��aadd ATTEST: Pao° °s�-+a ` CONTRACT AUTHORIZATION: °ono o=d By: M&C: 21-0750 � o�`� Name: Ronald Gonzales Date:N/A oO00000000 a aanExASaad Title: Acting City Secretary 1295: N/A Chem-Aqua,Inc: ATTEST: By: Name: David McWilliams By: Title: Regional Manager Name: Title: Date: 9/29/2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 09/28/21 M&C FILE NUMBER: M&C 21-0750 LOG NAME: 13PAMEND CHEM AQUA 21-0018 WATER TREATMENT SERVICES MGF SUBJECT (ALL)Authorize an Amendment to the Purchase Agreement with Chem Aqua Incorporated to Increase Agreement by$21,500.00 for a New Annual Amount of$107,500.00 to Purchase Water Treatment Services on Behalf of Various Departments for the City of Fort Worth RECOMMENDATION: It is recommended that the City Council authorize an amendment to the purchase agreement with Chem Aqua Incorporated to increase agreement by$21,500.00 for a new annual amount of$107,500.00 to purchase water treatment services on behalf of various departments for the City of Fort Worth. DISCUSSION: On December 16, 2020,the Purchasing Division issued an Invitation to Bid(ITB)21-0018 to purchase water treatment services for various City of Fort Worth(City)Departments. The ITB was advertised in the Fort Worth Star-Telegram on 12/16/20, 12/23/20, 12/30/20& 1/6/21 and was awarded to Chem Aqua Incorporated in an amount of$86,000.00. Purchasing staff is requesting this increase to add water treatment services to include facilities of the Plant Operations Division of the Water Department. Initial estimates covered procurement needs of the Water Laboratory, but the agreement is being expanded to include water treatment services for Village Creek Treatment Plant, Rolling Hills Water Treatment Plant, Eagle Mountain Treatment Plant,Westside Water Treatment Plant and North/South Holly Treatment Plants. AGREEMENT TERMS: The agreement may be renewed for four additional one-year renewals at the City's option. The renewal action will not require City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal terms. This amendment will not impact the agreement terms that have already been set in place. BUSINESS EQUITY: A waiver of the goal for M/WBE subcontracting requirements is approved by the Office Business Diversity, in accordance with the BIDE Ordinance, because the application of the purchase of good or services is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water&Sewer Fund to support the approval of the above recommendation and amendment to the purchase agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Jay Chapa 5804 Dana Burghdoff 8018 Originating Business Unit Head: Reginald Zeno 8517 Chris Harder 5020 Additional Information Contact: Cynthia Garcia 8525 Megan Fowler 2057