HomeMy WebLinkAboutContract 53979-A3CSC No. 53979-A3
AMENDMENT NO. 3
TO
CITY OF FORT WORTH CONTRACT 53979
This Amendment is entered into by and between the City of Fort Worth (hereafter
"Buyer"), a home rule municipality, with its principal place ofbusiness at 200 Texas Street, Fort
Worth, Texas, and Murray Energy, Inc. ("Vendor"), Buyer and Vendor may be referred to
individually as a Party and collectively as the Parties.
WHEREAS, on August 7, 2020, the Parties entered into City Secretary Contract 53979
(M&C 20-0271) to provide instrumentation equipment, parts and services for the City of Fort
Worth Water Department ("Agreement") with an initial term ending September 30th of that same
year; and ("Agreement/Contract");
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 8, 2020, effective October 1,
2020 through September 30, 2021 and subsequently automatically renewed in 2021, 2022 and
2023;and
WHEREAS, the Agreement was amended on August 2, 2021 and on October 19, 2021
to add on some additional parts and services not already listed on the contract.
WHEREAS, the Parties wish to amend the scope of services o fthe Agreement to allow
additional items, ofthe same general category as those awarded, to be added to the Agreement and
available for purchase.
NOW, THEREFORE, the Parties, acting herein through their duly authorized
representatives, agree to the following terms, which amend the Agreement as follows:
1.
AMENDMENTS
Section 1 of the Agreement, "Scope of Services" is hereby amended to to include the
following language:
Following the award, additional products and services ofthe same general category
that could have been encompassed in the award ofthis Agreement, and that are not already
on the Agreement, may be added based on the discount provided on the vendor's bid
response (ifapplicable) and price sheet provided with the vendor's bid response or a current
quote provided from the vendor.
2.
ALL OTHER TERMS SHALL REMAIN THE SAME
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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:
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By: Dana Burghdoff(Au 7,2023 :5975 CDT)
TT Name: Dana Burghdoff
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
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By: Christopher Har r(Aug17,202311:20 CDT)
Name: Chris Harder
Title: Water Director
ATTEST:
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By, J >i nEXA?4
Name: Jannette Goodall
Title: City Secretary
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.
By:
Name: Shatabya Bergland
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Taylor Paris
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 20-0271
Date; May S, 2020
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ATTEST:
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Date: 0 /7 /-;1
Title: / Ale:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FORT WORTII
DATE: 5/5/2020 REFERENCE **M&C 20- LOG NAME:13P20-0076 INSTRUMENTATION PARTS
NO.: 0271 AND EQUIP WATER SC
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Non -Exclusive Agreements with Prime Controls, LP, Frank Clark & Associates,
Inc., Vector Controls, LLC, Macaulay Controls Company, DPC Industries, Inc., Murray
Energy, Inc., Walker Industrial LLC d/b/a Walker Controls, Total Process Solutions, Inc.,
and G.K. Techstar, LLC for a Combined Annual Amount Up to $1,000,000.00 for
Instrumentation Equipment, Parts and Services for the Water Department and Authorize
Four Annual Renewal Options and Increased Amounts of $1,100,00.00 for the Third
Renewal and $1,210,000.00 for the Fourth Renewal (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize non-exclusive Agreements with Prime Controls, LP,
Frank Clark & Associates, Inc., Vector Controls, LLC, Macaulay Controls Company, DPC Industries,
Inc., Murray Energy, Inc., Walker Industrial LLC d/b/a Walker Controls, Total Process Solutions, Inc.,
and G.K. Techstar, LLC for a combined annual amount up to $1,000,000.00 for Instrumentation
Equipment, Parts and Services for the Water Department and authorize four annual renewal options
and increased amounts of $1,100,00.00 for the third renewal and $1,210,000.00 for the fourth
renewal.
DISCUSSION:
The Water Department approached the Purchasing Division to procure new and replacement water
and wastewater utility instrumentation equipment and appurtenances, parts, on -site or shop repair
services, calibration, engineering and startup services, and field troubleshooting for various locations
throughout the City.
The Invitation to Bid (ITB) consisted of detailed specifications describing the instrumentation
equipment and repair services required to meet American Water Works Association (AWWA), National
Electrical Manufacturer's Association (NEMA), American Society for Testing and Materials (ASTM),
and Underwriters Laboratories (UL) standards. The Water Department certifies that the bids received
by Prime Controls, LP, Frank Clark & Associates, Inc., Vector Controls, LLC, Macaulay Controls
Company, DPC Industries, Inc., Murray Energy, Inc., Walker Industrial LLC d/b/a Walker Controls,
Total Process Solutions, Inc., and G.K. Techstar, LLC meet the specifications required for the items
and services that are being awarded. An increase in the annual amount for years three and four will
ensure that spending authority is available throughout the agreement term. Instrumentation
equipment, parts, and repair services will be ordered as needed based on price and availability to
ensure the City's needs are met.
This bid was advertised in the Fort Worth Star -Telegram on February 05, 2020, February 12, 2015,
February 19, 2020 and February 26, 2020. The City received nine bids. A pre -bid conference was held
on February 12, 2020.
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.
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, because the
purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
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 agreements. Prior to any expenditure being incurred,
the Water Department has the responsibility to validate the availability of funds.
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TO
Fund Department I Account Project Program Activity Budget I Reference #
ID ID Year I (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference #
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Dana Burghdoff (8018)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Sarah Czechowicz (2059)
ATTACHMENTS
200131 20-0076 TK Purchasina Waiver Request Form-.Ddf (CFW Internal)
Copv of Bid Tab 20-0076.xlsx (CFW Internal)
FID table - 20-0076 corrected.xlsx (CFW Internal)
SAMS Report 3.20.2020.pdf (CFW Internal)
Water Maint & Service Aareements fundina availabilitv.PNG (CFW Internal)
Amount
Amount i