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HomeMy WebLinkAboutContract 57099-A1CSC No. 57099-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 57099 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 Fin-Tek Corporation ("Contractor"), City and Contractor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on February 8, 2022, the Parties entered into City Secretary Contract 57099 to provide OEM Mitsubishi Ozone Generators Preventative Maintenance Service and Parts for the City of Fort Worth Water Department ("Agreement") with an initial term ending September 301h 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 automatically renewed, effective October 1, 2022 through September 30, 2023, and subsequently automatically renewed in 2023; and WHEREAS, the Parties wish to amend the Agreement, as renewed, to increase the contract amount by $400,000.00 thus increasing the 2023 renewal's contract amount to $500,000.00 (M&C 23-0064). 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, effective with the 2023 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 $500,000.00 ("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 Sole Source. 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 0111ril TERMS SHALL REM AIM THE SA.[4'1 E A l I other pnyv1SL0riS of the Agreemant vVhich are n-Di ex pres&iy aim. LL) led here rI sW1 romm in full fame and effecr Th i a A mendment in ay be ex-ecuted i ri muki pie couraewparts, emh of which shiEd I be an ongInat and a]I of which shail omstitute one and 6e same. instniment A frysimile Copy or compuler image, such as a PDF or tiff imager or a signature. shall be u-eated as zmd shalI have the same eflfw as anoriginul ACCEPTED AND AGREED; Cn'Y OF FORT WORTH: _ 7 � a� �], L�_v . �—Brghdo(e a 20 6CST mama: 1�mia BL4 gmoff I-11C MMSM!lt ICIty M an4j�:f Datc: APPROVAL RECOMMIMEM Chrisfionheraev c7I11, ch'i °phe, BarAe, wen 22 2 sT) Narae Chris Hm*t `]'rtle: Wow PitwIar � r�+� � A 1 L FAT voBygIl 0 �o OaIln nE6p5ga �{yy 9v Nome- Jannr1te IG*U L 'I-itJ-C CiLT socreWy Fin-Tek Corpurp0n: BY Tidc- w i ' V CONTFLACT ��C!F. MANAGED By sign nr I admowlcdec that ] am tim persaai m5pmsib]c " 11m moui=ng and adrl inistnWen or this coertmm i -eluding cmwzirrg Al Nmba; SMtziby4 Bffglmnd Titie. V-om nct Complmam Speciah-5t APPROVED AS TO FORM A;1 D 1LEGAUT Y i Ej'-I.1-� Douglas B1.k(Feb 8, 207'1: n C5T1 Npnv l augtm Black Tif1e Nr Amistmi1 C A%- Attcnic% CONTRACT AUTHORIZATION! h -C- 244KWA 1)aw.. U23/2(24 1295' 2023-1007 1 ATTEST '; N xm TIU: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1/30/24. 4:57 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 1/23/2024 REFERENCE **M&C 24- NO.: 0064 LOG NAME: CODE: P TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas Fob V� 60AMEND CSCO 57099 FIN TEK COPORATION OZONE GENERATORS NO SUBJECT: (ALL) Authorize Increase to Sole Source Agreement with Fin Tek Corporation in the Amount of $400,000.00 for a New Total Annual Amount of $500,000.00 for Ozone Generator Products, Parts, Maintenance and Repair for the Water Department RECOMMENDATION: It is recommended that the City Council authorize an increase to Sole Source Agreement with Fin Tek Corporation in the amount of $400,000.00 for a new total annual amount of $500,000.00 for ozone generator products, parts, maintenance and repair for the Water Department. DISCUSSION: On February 8, 2022, the City of Fort Worth entered into a sole source agreement with Fin Tek Corporation to obtain preventative maintenance and repair services for the ozone generation system at the Wesyside Water Treatment Plant in a total contract amount of $100,000.00 for four (4) annual years (City Secretary Contract No. 57099). The two existing ozone generators at the Westside plant need to be rebuilt in order to re-establish the efficiency of the units prior to summer demands. Fin-Tek is the exclusive service provider for MEPPI (Mitsubishi) ozone generating equipment as authorized by Mitsubishi Electric Company (MELCO). Fin-Tek has developed robust predictive maintenance programs designed to reduce incidences of equipment failure and breakdown. Fin-Tek is the only engineering service company to provide regional parts sourcing to reduce the time between equipment failure and restored operation. Upon City Council approval of this Mayor and Council Communication, the annual amount of City Secretary Contract No. 57099 will increase by $400,000.00 for a new total annual amount up to $500,000.00 so that the Water Department will be able to purchase needed ozone generator replacements, parts and be able to continue with the preventative maintenance of the generators to maintain reliability of data and operation, insure performance targets are met and establish safe operating practices.at water facilities throughout the City. AGREEMENT TERMS — The initial term of the Agreement expired on September 30, 2022. The City is currently in its second, automatic renewal option. The Agreement include a total of four one-year automatic renewals. 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 not require specific City Council approval as long as sufficient funds have been appropriated. Funding is budgeted in the Other Contractual Services account within the Water & Sewer Fund. DVIN: A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the applicable Ordinance, because the waiver request is based on the sole source information provided. FISCAL INFORMATION/CERTIFICATION: apps.cfwnet.org/counciI_packet/mc_review.asp?ID=31772&councildate=1 /23/2024 1 /2 1/30/24, 4:57 PM M&C Review The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund. Prior to an expenditure being made, 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) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Chris Harder (5020) ATTACHMENTS 1295 Fin-Tek.pdf (CFW Internal) 60AMEND CSCO 57099 FIN TEK COPORATION OZONE GENERATORS funds availabilitv.pdf (CFW Internal) 60AMEND CSCO 57099 FIN TEK COPORATION OZONE GENERATORS Updated FID.xlsx (CFW Internal) Approved Fin Tek Chapter 252.pdf (Public) Waiver Ozone Generators.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=31772&counciIdate=1 /23/2024 2/2