HomeMy WebLinkAboutContract 53502-A1CSC No. 53502-A1
AMENDMENT NO. 1
TO
CITY OF FORT WORTH CONTRACT 53502
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort
Worth, Texas, and Hartwell Environmental Corporation ("Contractor"), City and Contractor
may be referred to individually as a Party and collectively as the Parties.
WHEREAS, on February 6, 2020, the Parties entered into City Secretary Contract 53502
(M&C 20-0036) to provide OEM/Capital control induction unit parts for the City of Fort Worth
Water Department ("Agreement") with an initial term ending September 30t' of that same year;
and
WHEREAS, the Agreement has four authorized renewals for the term of October 1-
September 30 of each subsequent year and a fifth partial renewal to complete a full five years from
the original effective date; and
WHEREAS, the Agreement was first renewed on August 19, 2020, effective October 1,
2020 through September 30, 2021 and subsequently automatically renewed in 2021 and 2022; and
WHEREAS, the Parties wish to amend the Agreement, as renewed, to increase the
contract amount by $75,000.00 thus increasing the 2022 renewal's contract amount to
$375,000.00.
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, as renewed and effective with the 2022
renewal, is hereby amended to read as follows:
City shall pay Contractor in accordance with the provisions of this Agreement and
Attachment B. The annual contract amount under this Agreement, per term, shall be the
amount up to $375,000.00 ("Contract Amount"). For any term that is less than a full year,
the Contract Amount shall be pro -rated based on the number of calendar months in the
term and work performed. The Contract Amount shall not change in any subsequent
renewal period, except as provided in the ITB. Contractor shall not perform and 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 shall not be
liable for any additional expenses of Contractor not specified by this Agreement unless
City first approves such expenses in writing.
2. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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:
nay 8"r'aA&ff
By: Dana Burghdoff (M6r 20, 20 05:41 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By: Christopher H rder (Mar 9, 2023 07:01 CST)
Name: Chris Harder
Title: Water Director
ATTEST:
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Name: Janette Goodall
Title: City Secretary
Hartwell Environmental Corporation:
By:
Name• o J. u sell
Title:
Date: Vice President
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.
M
i
Name: Shatabya Bergland
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
e
DBlack (Mar 13, 2023 08:44 CDT)
Name: Douglas Black
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 20-0036
Date: 1 / 14/2020
1295:2020-578026
ATTEST:
By:
Name: Andrew Spi6gr
Title: President
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/14/20 M&C FILE NUMBER: M&C 20-0036
LOG NAME: 60CHLORINE & SULFUR DIOXIDE EQUIP- HARTWELL
Authorize a Sole Source Purchase Agreement with Hartwell Environmental Corporation for the Original Equipment Manufacturer Severn Trent
Water Purification Chlorine and Sulfur Dioxide Induction Equipment, Replacement Parts and Repair Service for the Water Department in an
Annual Amount up to $300,000.00 (ALL COUNCIL DISTRICTS)
W-:191*1JIVILAN• •.
It is recommended that the City Council authorize a sole source purchase agreement with Hartwell Environmental Corporation for the Original
Equipment Manufacturer (OEM) Severn Trent Water Purification chlorine and sulfur dioxide induction equipment, replacement parts and repair
service for the Water Department in an annual amount up to $300,000.00.
The Water Department (Department) will use this Sole Source Purchase Agreement to purchase OEM parts to repair existing units and to
purchase replacement units as needed, along with repair services for the City s water treatment plants. Non -OEM parts are not compatible with
the Severn Trent Purification, Inc. water treatment systems in place. These units are used to distribute chlorine, which is a disinfectant, and sulfur
dioxide, which removes excess chlorine, throughout the plant. In order to maintain consistent chemical flow necessary to maintain the proper
chlorine residual for the treatment process and to remain in regulatory compliance with State and Federal permits, it is necessary for all units and
corresponding parts to be identical.
No guarantee was made that a specific amount of goods and services would be purchased. However, the Department anticipates spending
approximately $300,000.00 annually.
Severn Trent Water Purification, Inc., is the sole source manufacturer of the disinfection treatment equipment currently in operation at the water
treatment plants and Hartwell Environmental Corporation is the documented sole source dealer for the Texas region.
MWWBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the OBD, in
accordance with the MWBE or DBE Ordinance, because the MWWBE Waiver is based on the sole source information provided to the MWWBE
Office by the managing department's project manager.
ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by the City Manager in the amount up
to $100,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated.
TERMS - Upon City Council's approval, this Agreement will begin on October 1, 2019 and expire on September 30, 2020.
RENEWAL OPTIONS - This Agreement may be renewed for up to four additional one-year terms at the City's option. This action does not require
specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal
term. Staff anticipates that the costs for renewal years shall remain the same as the first year.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and award of the contract, funds are available in the current
operating budget, as appropriated, of the Water & Sewer Fund. 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: Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Martin Phillips 8293