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HomeMy WebLinkAboutContract 57030-A1CSC No. 57030-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 57030 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 Hach Company ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on January 22, 2022, the Parties entered into City Secretary Contract 57030 to provide services and repairs of OEM Hach instruments ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to increase the overall agreement amount by a twenty-five percent increase. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS Section 3, "Compensation" of the Agreement is hereby amended to read as follows: City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed One Hundred Seventy -Eight Thousand Two Hundred Seventy -One Dollars and Sixty -Six Cents ($178,271.66). Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACCEPTED AND AGREED: CITY OF FORT WORTH: oana ffor Ihdohc By: Dana Burghdoff eb 6, 202311:00 CST) Name: Dana Burghdoff Title: Assistant City Manager CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Date: -5 By: Ir APPROVAL RECOMMENDED: Name: Shatabya Bergland Title: Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: Christopher rder(Feb 3, 202310:59 CST) Name: Chris Harder Title: Water Director By: DBlack (Feb 6, 202310:55 CST) Name: Doug Black ATTEST. 4 p4UUIlIl�Q Title: Assistant City Attorney Pv':A CONTRACT AUTHORIZATION: t, xs oa oM&C: 21 0991 Q o�o *� QQntEXAg4..> By: Il4644 Date:12/14/2021 Name: Jannette Goodall 1295: 2021-825707 Title: City Secretary Hach Company: ATTEST: By: Z�)V 61t wl Name: Matt Tomafek By: Title: Name: Gabrielle Kato Kathleen Dyekman/Service Contract Manager Title: Sr. Manager, NA Dispatch, Administration, and Supply Chain Date: 2/1 /2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1/28/22, 3:30 PM M&C Review Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORTWorn Create New From This M&C DATE: 12/14/2021 REFERENCE**M&C 21- LOG NAME: 60HACH COMPANY OEM NO.: 0991 INSTRUMENT SERVICES CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize a Sole Source Procured Agreement with Hach Company for Servicing Original Equipment Manufacturer Instruments for the Water Department in an Annual Amount Up to $142,617.33 and Authorize Four One -Year Renewal Options RECOMMENDATION: It is recommended that the City Council authorize a sole source procured agreement with Hach Company for servicing Original Equipment Manufacturer instruments for the Water Department in an annual amount up to $142,617.33 and authorize four one-year renewal options. DISCUSSION: The Water Department (Water) will use this contract to repair, start-up and maintain Hach Company (Hach) instruments owned by the City. Water owns a large number of Hach instruments of various model numbers and functions. All of the instruments are generally used to measure water quality either in the field, in the plant, or in a lab setting. Many of these instruments are used to verify compliance with our water quality permits. The services for these instruments include regulatory Texas Commission on Environmental Quality (TCEQ) required calibrations and various repairs, as needed. No guarantee was made that a specific amount of goods and services would be purchased. However, Water anticipates spending approximately $142,617.33 during the first year. Hach is the sole source manufacturer of the Hach instruments that are currently owned and used at the water and wastewater treatment plants. Hach is the documented sole source dealer for the Texas region and the only company that can service and repair these instruments in this region without voiding the warranties. Renewal Terms: The agreement may be renewed for four (4) one-year renewal options. The renewals do not require specific City Council approval as long as sufficient funds have been appropriated. Business Equity: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance. The M/WBE Waiver is based on the sole source information provided to the M/WBE Office by the Purchasing Division Buyer. 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 note 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 execution of the agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 apps. cfwnet.org/counci I_packet/mc_review.asp? I D=29538&cou nciIdate=12/14/2021 1 /2 1/28/22, 3:30 PM M&C Review ROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Dana Burghdoff (8018) Chris Harder (5020) Shatabya Bergland (4940) ATTACHMENTS 1295 - Hach.pdf (CFW Internal) 60HACH COMPANY OEM INSTRUMENT SERVICES funds availability.docx (CFW Internal) 60HACH COMPANY OEM INSTRUMENT SERVICES Updated FID.xlsx (CFW Internal) Contract Exhibits.pdf (Public) Sams Search - Hach Company 11.22.21.pdf (CFW Internal) Waiver Hach Instrument Service 11192021 WN.pdf (CFW Internal) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=29538&cou nciIdate=12/14/2021 2/2