HomeMy WebLinkAboutContract 55568-A2 CSC No. 55568-A2
SECOND AMENDMENT TO NON-EXCLUSIVE WATER TREATMENT SERVICES
AGREEMENT
FORT WORTH CITY SECRETARY CONTRACT NO. 55568
This Second Amendment to the NON-EXCLUSIVE WATER TREATMENT
SERVICES AGREEMENT ("Second Amendment"), Fort Worth City Secretary Contract No.
55568, between the CITY OF FORT WORTH ("City"), a Texas home rule municipal
corporation and CHEM-AQUA, INC. ("Contractor"), a Texas Corporation, each individually
referred to as a"party" and collectively referred to as the "parties."
WHEREAS City and Contractor entered into an agreement for water treatment services
for the City's various facilities, said agreement being identified as Fort Worth City Secretary
Contract No. 55568 and having an effective date of April 1, 2021 (the "Agreement"); and
WHEREAS on October 5,2021, City and Contractor amended the Agreement for the first
time to increase the amount of compensation and to include water treatment services at additional
City facilities (Fort Worth City Secretary Contract No. 55568-A1); and
WHEREAS City and Contractor now wish to amend the Agreement for a second time to
include additional services for the City's building located at 100 Energy Way, Fort Worth, Texas
76102.
NOW THEREFORE, City and Contractor, acting herein by and through their duly
authorized representatives, agree to the following terms:
1. Amendment of Scope of Services. The services and fees included in Exhibit A—Scope of
Services for 100 Energy Way, attached to this Second Amendment, are incorporated into the
Agreement's Exhibit A — Scope of Services as if they had been originally set forth in the
Agreement.
2. All other terms, provisions, conditions, covenants and recitals of the Agreement not
expressly amended herein shall remain in full force and effect.
[signature page follows]
OFFICIAL RECORD
CITY SECRETARY
Second Amendment to Fort Worth City Secretary Contract No. 55568 FT. WORTH, TX
Non-Exclusive Water Treatment Services Agreement
CHEM-AQUA,INC. Page 1 of 4
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
DGZ`IGZ&l 427 We responsible for the monitoring and
By: Dana Bur�4,2�14 CST)
administration of this contract, including
Name: Dana Burghdoff ensuring all performance and reporting
Title: Assistant City Manager requirements.
Date: 3/4/22
APPROVAL RECOMMENDED:
By:
Name: Alan Shuror
Title: Property Management Assistant Director
By: oke(Mar 4,202214:54 CST)
Name: Steve Cooke APPROVED AS TO FORM AND LEGALITY:
Title: Property Management Director
ATTEST: V2� ._fir
By:
Name: Matthew A.Murray
Tgnnette S. Goon%// Title: Assistant City Attorney
By: Jan nette S.Gooda H(Mar 9,202207:43 CST)
Name: Jannette S. Goodall o�44n�n� CONTRACT AUTHORIZATION:
0j FORT�aa M&C: 21-0750
Title: City Secretary x p*0'�to'
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�1► p �d September 28,2021
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CONTRACTOR: �4-EXp`''.oaQ�
CHEM-AQUA,INC.
Chs'is McCa�fv
By: Chris McCa ty(Mar4,202213:01 CST)
Name: Chris McCarty
Title: Division Manager
Date: 04/04/2022
OFFICIAL RECORD
CITY SECRETARY
Second Amendment to Fort Worth City Secretary Contract No. 55568 FT. WORTH, TX
Non-Exclusive Water Treatment Services Agreement
CHEM-AQUA,INC. Page 2 of 4
EXHIBIT A—SCOPE OF SERVICES FOR 100 ENERGY WAY
Water Treatment Program Agreement
For
City of Fort Worth (New City Hall)
100 Energy Way
Fort Worth, TX 76102
February 11, 2022
The Chem-Aqua Water Treatment Program is an important step in achieving efficient operation
and extending the useful life of valuable cooling and heating equipment.
By this AGREEMENT (City of Fort Worth 100 Energy Way) (hereinafter referred to as
"Customer") agrees to purchase and Chem-Aqua, Inc. (hereinafter referred to as "Chem-Aqua"),
agrees to provide a professional Water Treatment Program for the SYSTEM(S) for an annual cost
of $9,840.00 to be paid for in 12 equal billings of $820.00 each for a total agreement price of
$9,840.00. The systems covered by this agreement are the cooling tower and chilled loop.
This price quotation includes products, service and freight; but does not include any taxes or
handling fees that may be applicable.
Chem-Aqua will have a representative call on Customer and provide directions for the initial
application of the treatment chemicals. Thereafter, a representative will visit Customer monthly to
check the systems,collect water samples,and test the treated waters.A written report documenting
the results of the service visits and any recommendations will be provided to the designated
personnel of customer.
Customer agrees to follow the recommendations provided by Chem-Aqua on the water treatment
program and to maintain the necessary feed and control devices to ensure proper application and
functioning of the water treatment chemicals. Customer will purchase or otherwise provide and
install the required equipment. Chem-Aqua will provide assistance for the installation if requested
by Customer.
Customer agrees to permit Chem-Aqua reasonable access to its premises and the system to allow
Chem-Aqua personnel to perform their services.
Customer agrees to perform routine cleaning of the systems covered in this agreement.
Customer agrees to perform maintenance and repairs of equipment as recommended by equipment
manufacturer or mechanical contractor. If repairs to the system are required to permit Chem-
Aqua's products to effectively protect Customer's equipment, Customer agrees to cause such
Second Amendment to Fort Worth City Secretary Contract No. 55568
Non-Exclusive Water Treatment Services Agreement
CHEM-AQUA,INC. Page 3 of 4
repairs to be made at its expense. Customer agrees to inform Chem-Aqua of modifications to the
system or any design elements in the system such as dead legs that would affect the flow of water
through the equipment.
Chem-Aqua's treatment of biological growth is for the purpose of reducing the risk of that growth
causing damage to the equipment, or otherwise interfering with the operation of the system, and is
not meant to protect against health risks from exposure to biological growth.
This contract does not include Legionella risk assessments or a Legionella risk management
program. Chem-Aqua is providing the services described in this agreement only, and no services
relating to Legionella Risk Management beyond normal minimization of biological fouling.
Chem-Aqua has no responsibility for damages to the system or conditions such as scale or
corrosion, which existed prior to the start of the Water Treatment Program, or for damages due to
customer's failure to properly operate, maintain or repair equipment. Chem-Aqua is not
responsible for damages due to Customer's failure to implement recommendations made by Chem-
Aqua.Neither party shall be liable for any consequential, indirect, or incidental losses of any type,
including lost profits, loss of business, loss of use, or loss of data.
Second Amendment to Fort Worth City Secretary Contract No. 55568
Non-Exclusive Water Treatment Services Agreement
CHEM-AQUA,INC. Page 4 of 4