HomeMy WebLinkAboutContract 54260-A4CSC No. 54260-A4
AMENDMENT NO. 4
TO
CITY OF FORT WORTH CONTRACT 54260
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 Frank Clark & Associates 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 54260
(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 24, 2021, effective October 1,
2020 through September 30, 2021 and subsequently automatically renewed in 2021 and 2022; and
WHEREAS, the Agreement was amended on July 29, 2021, September 14, 2021 and on
September 20, 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 of the Agreement to allow
additional items, of the 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 of the same general category
that could have been encompassed in the award of this Agreement, and that are not already
on the Agreement, may be added based on the discount provided on the vendor's bid
response (if applicable) 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
All other provisions of the Agreement which are not expressly amended herein shall
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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:
baita, 8 �id
By: Dana Burghdoff (Oct , 20231 : 2 CDT)
Date:
Name: Dana Burghdoff
Title: Assistant City Manager
APPROVAL RECOMMENDED:
ChYirtotheY tfa -det
By: Christopher Hard r (Sep 28, 202315:41 CDT)
Name: Chris Harder
Title: Water Director
ATTEST:
By:
A
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:
51o7'7044
Name: Shatabya Bergland
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Jeremy Anato-Mensah
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 20-0271
Date: May 5, 2020
1295: 2020-599586
Frank Clark & Associates, Inc.:
By:
Name: Scott Clark
Title: General Manager
Date: 28 AUG 2023
ATTEST:
By:
am Ryan Owe s
Title:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/05/20 M&C FILE NUMBER: M&C 20-0271
LOG NAME: 13P20-0076 INSTRUMENTATION PARTS AND EQUIP WATER SC
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.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head:
Additional Information Contact:
Reginald Zeno 8517
Cynthia Garcia 8525
Sarah Czechowicz 2059