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HomeMy WebLinkAboutContract 60170-A1CSC No. 60170-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 60170 This First Amendment to Fort Worth City Secretary Contract No. 60170 ("First Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation, and Pure Technologies US, Inc. dba Wachs Water Services ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 60170 beginning September 25, 2023 (the "Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to increase the spending authority authorized under the Agreement by $350,000.00 for a new annual amount of $450,000.00, as authorized by Mayor and Council Communication No. 21-0142 (February 27, 2024). NOW THEREFORE, known by all these present, Fort Worth and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: l . The first full paragraph on page 2 of the Agreement in relation to Compensation is hereby deleted in its entirety and amended to read as follows: "City shall pay Vendor in accordance with the fee schedule in Exhibit 3 and in accordance with the provisions of this Agreement. Total annual payment made under this Agreement by City shall not exceed FOUR HUNDRED AND FIFTY THOUSAND DOLLARS ($450,000.00). Vendor shall not provide any additional items or 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 Vendor not specified by this Agreement unless City first approves such expenses in writing." 2. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 60170 Page 1 of 2 FORT WORTH: City of Fort Worth 7�C4— By: Name: Fernando Costa Title: Assistant City Manager Date: May 2, 2024 Approval Recommended: ChKstonHei, Harder By: Christopher Harde'r(May 1, 202416:41 CDT) Name: Christopher Harder Title: Water Director Attest: 0o nIln 0 FFaRt9�d p�� �o OV8 °=d A .,��s� °aaIl nEoas4b By: Name: Janette Goodall Title: City Secretary VENDOR: Pure Technologies US, Inc. d/b/a Wachs Water ServiceZ":/�: By:�� Name: David Wall Title: Director, Service Solutions 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: <;? k-� G Name�Chris Underwood Title: Sr. Engineering Technician Approved as to Form and Legality: By: U U Name: Jeremy Anato Mensah Title: Assistant City Attorney Contract Authorization: M&C: 24-0142 (February 27, 2024) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 60170 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication DATE: 02/27/24 M&C FILE NUMBER: M&C 24-0142 LOG NAME: 13P AMEND NO. #1 ILA CITY OF DENTON LEAK DETECTION AO WTR SUBJECT (ALL) Authorize Amendment to City Secretary Contract No. 60170 with Pure Technologies US, Inc. dba Wachs Water Services for Acoustic Leak and Correlation Survey Services to Increase the Annual Amount by $350,000.00 for a New Annual Amount Up to $450,000.00 for the Water Department RECOMMENDATION: It is recommended that the City Council authorize the execution of an Amendment to City Secretary Contract No. 60170 with Pure Technologies US, Inc. dba Wachs Water Services for acoustic leak and correlation survey services to increase the annual amount by $350,000.00 for a new annual amount up to $450,000.00 for the Water Department. DISCUSSION: On June 5, 2023, the Water Department contacted the Purchasing Division to issue an Interlocal Cooperative Purchasing Agreement (ILA) with the City of Denton to finalize an annual agreement for acoustic leak and correlation survey services within the City. The agreement was authorized with Pure Technologies US, Inc. dba Wachs Water Services for the Water Department for an annual amount up to $100,000.00. In October 2023, the Water Department approached the Purchasing Division to increase the annual amount by $350,000.00 due to increased maintenance requirements vital to the operation of various water treatment plants. Staff is requesting authorization to amend the existing agreement to increase the annual amount by an additional $350,000.00, for a new total annual amount up to $450,000.00. The maximum amount allowed under this agreement citywide will be $450,000.00; however, the actual amount used will be based on the needs of the department and available budget. Funding is budgeted in the Water Field Operations Department within the Water & Sewer Fund, as appropriated. This amendment will not change any other terms or conditions. State law provides that a local government purchasing an item under an Interlocal Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for the purchase of the item. In January 2023, The City of Denton processed a bid (RFB No. 8181) and received one (1) response. An evaluation team scored the proposal and awarded the agreement to Pure Technologies US, Inc. dba Wachs Water Services. The contract has a term through June 6, 2026. 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 M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. Upon Council approval, the agreement will begin upon execution and expire on June 6, 2024. The agreement may be renewed at the City's option for two (2) additional one-year renewal terms, in line with the City of Denton contract terms. Renewal of this agreement by the City 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. This project will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: 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 incurred, the Water Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517 Dana Burghdoff 8018 Oriainatina Business Unit Head: Reginald Zeno 8517 Christopher Harder 5020 Additional Information Contact: Jo Ann Gunn 8525 Aiyanna Owens 8317