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HomeMy WebLinkAbout057636-A3 - General - Contract - Johnson Controls, Inc.CSC No. 57636-A3 TffiRD AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 57636 This Third Amendment to Fort Worth City Secretary Contract No. 57636 ("Third Amendment") is made between the City of Fort Worth ("City,") a Texas home rule municipality, and Johnson Controls, Inc. ("Vendor,") a Texas corporation. City and Vendor are each individually referred to herein as a"party" and collectively referred to as the "parties." WHEREAS, City and Vendor entered into a non-exclusive Agreement for heating ventilation and air conditioner (HVAC) repair, maintenance, and inspection services on an as- needed basis, identified as City Secretary Contract No. 57636, effective May 11, 2022 (the "Agreement"); WHEREAS, on November 1, 2022, the parties executed the first amendment to the Agreement to increase the combined annual contract amount to $4,859,222.50; WHEREAS, on March 29, 2024, the parties executed the second amendment to the Agreement to increase certain line items on Exhibit B, Payment Schedule and renew the Agreement for an additional one-year term; and WHEREAS, it is the collective desire of the parties to amend the Agreement for a third time, to add Annual Preventative Maintenance Services far the City's HVAC Controls Software. NOW THEREFORE, known by all these present, City and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: L AMENDMENTS 1. Amendment of Scone of Services. The Agreement is hereby amended to include Exhibit A-1, Scope of Services for Annual Preventative Maintenance of the City's HVAC Controls Software, attached hereto and incorporated herein this Third Amendment. 2. Amendment of Price Schedule. The Agreement is hereby amended to include Exhibit B-1, Payment Schedule, attached hereto and incorporated herein this Third Amendment, to include additional fees as line items 26 and 27 of the Agreement's Payment Schedule. II. MISCELLANEOUS All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. OFFICIAL RECORD [Signature Page Follows] CITY SECRETARY FT. WORTH, TX Third Amendment to Fort Worth City Secretary Contract No. 57636 Page 1 of 7 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth G�A1V�Ik�� B�7; DlannaGiordano(JaN6,70760&.78:37CS1; Name: Dianna Giordano Title: Assistant City Manager Date: O1/26/2026 Approval Recommended: /-� �. By: Name: Kevin Gunn Title: Director, IT Solutions Department Attest: �,h.nns= ta. % � By: U Name: Jannette S. Goodall Title: City Secretary VENDOR: Johnson Controls, Inc. an a,'o� Foqt�9o0 Od 0 �'8 �0.10 P�� o=d pdp'F °oa o�1�d adCp nEXp`�o4' By: � h9� Name: Garyn Middaugh Title: Service Manager Date: 1-22-26 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. BV. Steven Vandever(Jan 23, 20261325:36 CST) J Name: Steven Vandever Title: Sr. IT Solutions Manager Approved as to Form and Legality: Ca,�c�ia,c�- Pa�Cut�� By: <«d�«� � ,�,���,�s.»�<��,_��s���, Name: Candace Pagliara Title: Sr. Assistant City Attorney Contract Authorization: M&C: 22-0814 Approval Date:10/11/2022 Form 1295: 2022-861069 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Third Amendment to Fort Worth City Secretary Contract No. 57636 Page 2 of 7 EXHIBIT A-1 SCOPE OF SERVICES Scope of Services for Annual Preventative Maintenance of the City's HVAC Controls Software: A. The contractor shall provide annual preventative maintenance services for the City's HVAC Controls Software and associated control systems beginning January 10, 2026 and ending May 10, 2027. 1.0 SERVICE DELNERY 1.1 Customer Service Agent — contractor shall dedicate a local customer service agent responsible for maintaining a clear understanding of the agreement scope and the City's facilities procedures and protocols 1.2 Scheduling 1.2.1 Preventative maintenance services shall be scheduled using Contractor's automated service management system L2.2 In advance of a scheduled service visit, the assigned technician shall receive a notice of service on a smartphone device. Upon acknowledgement of the request, the customer service agent shall contact the on-site facility representative by phone or email to confirm the service start date and type of service scheduled 1.2.3 Upon arrival, the assigned technician shall wear personal protective equipment provided by the contractor, perform the City approved tasks, and obtain a City employee's signature on the smartphone device to confirm completion of service 1.2.4 A work order documenting the completed service shall then be provided via email, fax, or printed for the City's records 1.3 Emergency Services 1.3.1 Contractor shall provide the City with emergency services 7 days a week, 24 hours a day, 365 days a year 1.3.2 During normal business hours, emergency services shall be coordinated by the customer service agent assigned to the City 1.3.3 After hours, on weekends, and during holidays, emergency service requests shall be transferred to the contractors after-hours call center and on-call technicians shall be dispatched as needed Third Amendment to Fort Worth City Secretary Contract No. 57636 Page 3 of 7 1.3.4 Contractor is committed to dispatching a technician promptly after receiving an emergency call, depending on the agreement terms, charges may apply for after- hour services. 1.4 Communication 1.4.1 Contractor shall provide City with a detailed communication plan documenting the frequency and method by which Contractor will provide information regarding services performed under this Exhibit 1.4.2 Contractor shall include contact information for the assigned customer service agent and other key Contractor personnel responsible for service delivery 1.5 Approval process for non-covered items L5.1 Contractor shall not perform any work or services outside the scope of the Agreement without the City's prior written approval 2.0 SUMMARY OF SERVICES AND OPTIONS 2.1 Comprehensive and Operational Inspections 2.1.1 During comprehensive and operational inspections, Contractor shall perform routine checks of covered equipment to identify common issues resulting from normal wear and tear 2.1.2 Contractor shall provide routine maintenance appropriate to the equipment being serviced, including cleaning, tightening of connections, calibration, and verification of system performance within HVAC controls software, supervisory systems, and associated control devices 2.2 Metasys Software Subscription 2.2.1 Contractor shall provide the most recent Metasys software releases supported by the City's existing hardware and operating systems for the duration authorized under the Agreement 2.2.2 Software updates shall be limited to versions supported by the City's existing hardware and operating systems. Contractor shall not modify the City's network, firewall, or cybersecurity configurations unless expressly authorized in writing by the City 2.3 Customer Portal / Service Information Access 2.3.1 Contractor shall provide the City with access to the Contractor's customer portal to allow secure access to service-related information Third Amendment to Fort Worth City Secretary Contract No. 57636 Page 4 of 7 2.3.2 The City shall be able to view service call history by location, monitor agreements, as well as view asset and invoice information 3.0 SCOPE OF SERVICES 3.1 Contractor shall provide preventative maintenance services at City approved facilities 3.2 Extended Service Options for Premium Coverage 3.2.1 If premium coverage is selected and approved by the City, Contractor shall provide on-site repair services for covered equipment as defined in the Agreement 3.2.2 Basic coverage shall include scheduled preventative maintenance visits only and shall exclude repair, labor, parts, materials, and refrigerant unless otherwise authorized in writing by the City 3.3 Equipment List 3.3.1 Only the equipment identified shall be covered under this Exhibit. Any additions or deletions must be approved in writing by the City 3.4 Refrigerant Charges 3.4.1 Refrigerant is not included under this Exhibit and shall be billed separately only if authorized in writing by the City 4.0 SCHEDULE A— EQUIPMENT LIST Equipment Description Controls, Software Sup ervi sory/S erver/UI (ADX 25-User Site Director Controls — Metasys Performance Verification (1 Engine) Controls — Generic Input/Output (0-20 Points) Quantity 1 1 1 Coverage Level Services Included Basic 1-Year software subscription; install/upgrade on split ADX servers Basic 1 performance veriiication Basic 3 comprehensive inspections Third Amendment to Fort Worth City Secretary Contract No. 57636 Page 5 of 7 5.0 EQUIPMENT TASKING 5.1 Comprehensive — Tasking may include backing up existing control programs, verifying sequences of operation, validating sensors and control devices, inspecting control panels, tightening electrical connections, and documenting observations for City review 5.2 Performance verification — performance verification may include supervisory device communication checks, system and database backups, diagnostic review, and completion of performance verification reports with the City 5.3 Controls Software, Supervisory/Server/UI, Johnson Controls, ADX — contractor shall install, upgrade, maintain, and verify proper operation of controls software and supervisory systems, including ADX and Metasys platforms, in accordance with manufacturer recommendations and City-approved procedures 6.0 CITY'S RESPONSIBII,ITIES 6.1 City must provide all relevant information regarding equipment and premises and provide reasonable access for Contractor to perform services 6.2 City must operate, test, maintain, and repair the equipment in accordance with manufacturer and Contractor recommendations and notify Contractor promptly of any known issues Third Amendment to Fort Worth City Secretary Contract No. 57636 Page 6 of 7 EXHIRTT R-1 PAYMENT SCHEDULE Line Item 26 27 Description Preventative Maintenance, HVAC Controls System and Software (Metasys Software) Preventative Maintenance, Year 1 (1/10/2026- 5/10/2026) Preventative Maintenance, HVAC Controls System and Software (Metasys Software) Preventative Maintenance, Year 2 (5/10/2026- 5/ 10/2027 ) UOM Price YR $23,870.05 YR $26,019.00 Third Amendment to Fort Worth City Secretary Contract No. 57636 Page 7 of 7 1/26/26, 9:24AM CITY COUNCIL AGENDA Create New From This M&C DATE: 10/11/2022 REFERENCE **M&C 22- NO.: 0814 �C�RT ��`O�TI I -�� LOG NAME: 251NCREASE CSC57636 ITB 22-0055 HVAC JCI 104041-43 CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9) Authorize Amendment No. 1 to City Secretary Contract 57636, a Non-Exclusive Purchase Agreement with Johnson Controls, Inc. for Heating Ventilation and Air Conditioner Repair, for a One-Time Increase in the Amount of $817,311.00, for the Public Events Department Capital Improvement Projects at the Fort Worth Convention Center, Increasing the Amount Up to $4,859,222.50 for the Aggregate of Contracts Awarded in the Initial Contract Term RECOMMENDATION: It is recommended that City Council authorize Amendment No.1 to City Secretary Contract 57636, a Non-Exclusive Purchase Agreement with Johnson Controls, Inc. for heating ventilation and air conditioner repair, for a one-time increase in the amount of $817,311.00, for the Public Events Department capital improvement projects at the Fort Worth Convention Center, increasing the amount up to $4,859,222.50 for the aggregate of contracts awarded in the initial contract term. DISCUSSION: This Mayor and Council Communication (M&C) authorizes Amendment No.1 to City Secretary Contract (CSC) 57636 for an increase in the initial term of the agreement awarded to Johnson Control, Inc. under Invitation to Bid (ITB) 22-0055 to specifically accomplish the needed heating ventilation and air conditioner (HVAC) capital improvements at the Fort Worth Convention Center (FWCC), for which the Public Events Department (PED) was uncertain of resource availability for funding in Fiscal Year (FY) 2022 at the time of the original bid and award. The Property Management, Transportation and Public Works, Public Events, Aviation, Parks, and Water Departments approached the Purchasing Division to procure an annual agreement for HVAC Repair, Maintenance, and Inspection. The Purchasing Division issued ITB 22-0055 on January 26, 2022. The bid consisted of detailed specifications regarding HVAC Repair and Maintenance services. The ITB was advertised in the Fort Worth Star-Telegram from January 26, 2022 through February 16, 2022 and three responses were received. Staff evaluated the responses based on a Best-Value Criteria at which time Johnson Controls, Inc was determined to present the best value to the City. Multiple vendors, including Johnson Controls, Inc. were awarded contracts with an aggregate annual amount up to $4,041,911.50, with the actual amount used to be based on the needs of the departments and the availability of budget, as approved by M&C 22-0331 on May 10, 2022. Due to continued uncertainty in the stability of the Culture and Tourism funds and the impact on resuming facility renovations and repairs, in December of 2021 when the procurement process for HVAC services began, PED did not include these capital projects in the annual spending estimates submitted to the Purchasing Department. As Hotel Occupancy Tax and facility revenue at the FWCC have improved over FY 2022, revenue stability began being reestablished post-pandemic and PED capital improvement initiatives are being revived, PED now seeks to address these important facility needs at the FWCC and therefore is requesting the amendment for the one-time increase in contract capacity specifically for these projects. Amendment No.1 to City Secretary Contract 57636 with Johnson Controls, Inc will increase the amount in the first-term of the agreement (May 2022- May 2023) by $817,311.00 for the Public Events Department for capital repairs on HVAC equipment, air handing until motor replacements, variable speed drive and pump motor replacements for the FWCC. Johnson Controls, Inc. conducted the original installation of the entire HVAC system after the last renovation in 1994 and has experience with installing, repairing, and replacing HVAC components at the FWCC. All components of the PED M&C Review apps. cfwnet.org/council_packeUmc_review.asp?I D=30366&councildate=10/11 /2022 1 /3 1/26/26, 9:24AM M&C Review capital projects are included in and quoted as in compliance with the stipulated contractually binding terms of the existing CSC 57636 agreement with Johnson Controls, Inc. This amendment increases the first term of the agreement with Johnson Controls, Inc by $817,311.00 after which the annual amount for the remaining terms of the contract going forward will remain consistent with the current authorized non-exclusive purchasing agreement. FWCC HVAC System Upgrade (City Project No. 104041): The HVAC systems providing climate control to the FWCC have exceeded their life expectancy. The motors that operate the supply and return fans range from 10 to 20 years old or older, causing the system to operate inefficiently. Recommended remediation is to remove and replace (72) of the supply & return fan motors. The time from ordering these fan motors to their installation is 24 weeks due to current supply chain issues. The total cost for this project is $345,000.00 (removal and replacement of equipment; repairing and replacing power wiring; conduit installation; and system calibration). FWCC Variable Speed Drivers Replacement (City Project No. 104042): The HVAC systems providing climate control to the FWCC have exceeded their life expectancy. The variable speed drives (VSD) are difficult to repair due to obsolete repair parts. Additionally, the current VSDs are no longer in production. The recommended remediation for this deficiency is the replacement of (48) current antiquated VSDs for (48) premium, high efficiency ABB VSDs. The time from ordering these ABB VSDs to their installation is 36 weeks due to current supply chain issues. The total cost for this project is $385,000.00 (removal and replacement of equipment; repairing and replacing power wiring; conduit installation; and system calibration). FWCC Pump Motor Replacement (City Project No. 104043): The HVAC systems providing climate control to the FWCC have exceeded their life expectancy. The currently installed pump motors are inefficient and difficult to repair due to obsolete repair parts. Additionally, the current pump motors are no longer in production. The recommended remediation for this deficiency is the replacement of (26) currently installed circulating pump motors for (22) premium, high efficiency circulating pump motors; (2) hot-water pump motors and (2) cold-water pump motors at the Central Utility Plant. The time from ordering these pump motors to their installation is 8 weeks due to current supply chain issues. The total cost for this project is $97,000.00 (removal and replacement of equipment; repairing and replacing power wiring; conduit installation; and system calibration). FUNDING: Available funding for this M&C increase of $817,311.00 for Johnson Controls, Inc., specifically for one-time use on capital improvements at FWCC, was appropriated in FY2022 of the FY2022-2026 Capital Improvement Program, Culture and Tourism Cap Projects and Public Events Capital Funds, in the FWCC Repair and Renovation Programmable project (City Project No. P00053) as approved by Ordinance 25073-09-2021. Appropriations and receipts to cover this contract increase have been established in the three projects, from the FY2022 programmable project appropriation, as described in this M&C. 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 as provided in M&C 22-0331 on May 10, 2022. AGREEMENT TERMS: Upon City Council approval, the agreement will be amended and be applicable only to the remainder of the initial term of the agreement beginning upon execution through the expiration on May 10, 2023. RENEWAL OPTIONS: This amendment has no impact on the renewal stipulation as awarded in the original agreement, CSC 57636 in M&C 22-0331 on May 10, 2022. ADMINISTRATIVE CHANGE ORDER: This M&C authorizes an increase in compliance with the amount allowed by relevant law and the Fort Worth City Code. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Culture and Tourism Cap Projects and Public Events Capital Funds for the FWCC HVAC System Upgrade, the FWCC VFD Replacement and the FWCC Water Pump and Motor Repl projects to support the approval of the above recommendation and execution of the amendment to the contract. Prior to any expenditure being incurred, the Public Events Department has the responsibility to validate the availability of funds. apps. cfwnet.org/council_packeUmc_review.asp?I D=30366&councildate=10/11 /2022 2/3 1/26/26, 9:24AM M&C Review TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund I Department � Account Project Program Activity Budget I Reference # Amount ID ID Year (Chartfield 2) , Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Reginald Zeno (8517) Michael Crum (2501) Keith Chisolm (2525) ATTAC H M ENTS CSC57636-A1-ExhibitA.pdf (Public) CSC57636-A1 JCl.docx (Public) CSC57636 JCI-Term1 22-23 Dept&Amt.pdf (CFW Internal) FID TABLE -25-INCREASE CSC57636 ITB 22-0055 HVAC JCI 104041-43.xlsx (CFW Internal) Waiver 22-0055 HVAC Repair Services 01122022.pdf (Public) apps. cfwnet.org/council_packeUmc_review.asp?I D=30366&councildate=10/11 /2022 3/3 F�RT` ��RTH� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Johnson Controls, Inc. Subject of the Agreement: Third Amendment to Non-Exclusive HVAC Vendor Services Agreement CSC No. 57636 M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the cont�act. Is this an Amendment to an Existing contract? Yes 0 No ❑ 57636-A3 If so, provide the original contract nurnbeY and the amendinent number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsuNe, see back page foN permanent cont�^act listing. Is this entire contract Confidentiial? *Yes ❑ No 8 Ifonly specific info�mation is Confidential, please list what information is Confidential and the page it is located. Effective Date: 05/11/2025 Expiration Date: 05/10/2026 If �different from the approval date. If �applicable. Is a 1295 Form required? * Yes 8 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: Ifapplicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO nrocessin� in the followin� order: L Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. A1lison Tidwell (Form Fi11er) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.