HomeMy WebLinkAboutContract 54248-A3AMENDMENT NO. 3
TO CITY OF FORT WORTH CONTRACT NO. 54248
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), and G.K. Techstar, LLC (“Vendor”). City and Vendor may be referred to individually
as a Party and collectively as the Parties.
WHEREAS, the Parties entered into City Secretary Contract 54248, a non-exclusive
agreement for the Vendor to provide Instrumentation Equipment, Parts, and Services
(“Agreement”);
WHEREAS, the Parties acknowledge that, per the terms of the original Mayor and
Council Communication No. 20-0271, this is a non-exclusive agreement and there is no guarantee
of any specific amount of purchase;
WHEREAS, the Parties wish to amend the Agreement to (1) incorporate non-exclusive
language into the Compensation section and (2) to increase the total compensation amount allowed
under the Agreement for the final fifth renewal option (beginning October 1, 2024 and ending
August 6, 2025) to $1,512,500.00, as authorized by Mayor and Council Communication No. 24-
0465 (Approved June 11, 2024).
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
Section 3, the Compensation provision of the Agreement, shall be deleted in its entirety and
amended to read as follows:
City shall pay Vendor in accordance with the fee schedule in Exhibit B and in accordance with the
provisions of this Agreement. Total annual payment made under this Non-Exclusive
Agreement for the Initial Term (beginning on the date signed by the Assistant City Manager
below and ending September 30, 2020) and First and Second Renewal Options (each October
1- September 30) shall not exceed One Million Dollars ($1,000,000.00). Total annual payment
for the Third Renewal Option shall not exceed One Million One Hundred Thousand Dollars
($1,100,000.00). Total annual payment for the Fourth Renewal Option shall not exceed One
Million Two Hundred and Ten Thousand Dollars ($1,210,000.00). Total annual payment for
the Final Renewal Option (October 1, 2024- August 6, 2025) shall not exceed One Million
Five Hundred Twelve Thousand Five Hundred Dollars ($1,512,500.00).
The Vendor acknowledges that this is a non-exclusive agreement and there is no guarantee of any
specific amount of purchase. Further, Vendor recognizes that the amount stated above is the total
amount of funds available, collectively, for any Vendor that enters into an agreement with the City
under the relevant M&C or cooperative agreement and that once the full amount has been
exhausted, whether individually or collectively, funds have therefore been exhausted under this
Agreement as well. 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 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.
ACCEPTEDANDAGREED:
CITY OF FORT WORTH:
By:
Name: Fernando Costa
Title:Assistant CityManager
Date:Jun 28, 2024
APPROVAL RECOMMENDED:
Christopher Harder
By:ChristopherHarder(Jun28, 202408:45CDT)
Name: Christopher Harder
Title: Water Department Director
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
CONTRACTCOMPLIANCEMANAGER:
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: Jessika Williams
Title: Assistant City Attorney I
CONTRACTAUTHORIZATION:
M&C:24-0465 (6/11/24)
Vendor:
By:Phil Patterson (Jun 27, 2024 14:56 CDT)
Name:PhilPatterson
Title: COO/CFO
City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 06/11/24 M8�C FILE NUMBER: M&C 24-0465
LOG NAME: 13P AMEND ITB 20-0076 INSTRUMENTATION EQUIPMENT AW WATER
SUBJECT
(ALL) Authorize Execution of Amendments to Non-Exclusive Agreements with Frank Clark & Associates, Inc., GK Techstar, LLC, Macaulay
Controls Company, Murray Energy, Inc., Prime Controls, L.P., PVS DX, Inc., and Vector Controls, LLC for Instrumentation Equipment, Parts, and
Services to Increase the Aggregate, Not-to-Exceed Amount from $1,210,000.00 to $1,512,500.00 for the Final Term Ending in 2025 for the Water
Department
RECOMMENDATION:
It is recommended that the City Council authorize the execution of amendments to the non-exclusive agreements with Frank Clark & Associates,
Inc., GK Techstar, LLC, Macaulay Controls Company, Murray Energy, Inc., Prime Controls, L.P., PVS DX, Inc., and Vector Controls, LLC for
instrumentation equipment, parts, and services to increase the aggregate, not-to-exceed amount from $1,210,000.00 to $1,512,500.00 for the final
term ending in 2025 for the Water Department.
DISCUSSION:
On May 5, 2020, City Council approved Mayor and Council Communication (M&C) 20-0271 authorizing non-exclusive agreements with Prime
Controls, L.P., 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 GK Techstar, LLC for instrumentation equipment, parts, and
services for the Water Department. The agreements were procured after the Water Department issued an Invitation to Bid that included an initial
annual term and four one-year renewals for a total of five years. For administrative purposes and to align with the Fiscal Year, the agreements
included a shorter initial term, expiring on September 30, 2020, with four, automatic, one-year renewal terms, and a final renewal term from
October 1, 2024, through June or August 2025, depending on the effective date of the contract, providing for a total term of five years.
The agreements with Walker Industrial LLC d/b/a Walker Controls and Total Process Solutions, Inc. were not renewed as Walker Industrial LLC
d/b/a Walker Controls went out of business and Total Process Solutions, Inc. did not want to renew their agreement, so agreement termination
notices were issued. Additionally, DPC Industries, Inc. underwent a name change on June 1, 2023, and the agreement is now with PVS DX, Inc.
M&C 20-0271 authorized an aggregate, not-to-exceed annual amount of $1,100,000.00 for the third renewal term and an aggregate, not-to-
exceed annual amount of $1,210,000.00 for the fourth renewal term. The Water Department approached the Purchasing Division to increase the
aggregate, not-to-exceed amount from $1,210,000.00 to $1,512,500.00 for the final renewal term, until the expiration of the agreements in
June or August 2025 depending on the effective date of the contract. Due to technology advancements, the current units are outdated and in need
of constant repair. The increased spending capacity is needed to keep the plant equipment operating at optimal capacity. Staff is requesting
authorization to amend the existing agreements to increase the aggregate, not-to-exceed amount by $1,210,000.00 to $1,512,500.00.
AGREEMENT TERMS: The fourth renewal term of the agreements will expire on September 30, 2024. The agreements include a shorter, final
renewal term to ensure that the duration of the agreements would be for a total of five years as originally contemplated in the bid document and
M&C 21-0271. The final renewal option will commence on October 1, 2024, and will expire in June or August 2025, depending on the effective
date of each contract.
BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the
Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
Funding is budgeted in the General Operating & Maintenance Category within the Water & Sewer Fund for the Wastewater Department.
The maximum aggregate annual amount allowed under these agreements will be increased from $1,210,000.00 to $1,512,500.00; however, the
actual amount used will be based on the department's needs and available budget.
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 City Manager's Office b� Reginald Zeno 8517
Fernando Costa 6122
Originating Business Unit Head: Reginald Zeno 8517
Christopher Harder 5020
Additional Information Contact: Jo Ann Gunn 8525
Alyssa Wilkerson 8357