HomeMy WebLinkAboutContract 51107-A2 12 AM
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eOR CITY SECRETARY 0�-Aia
C ;NTRACT NUJ. I�� —
J N 2Q�9 �' AMENDMENT NO.2 TO
FORT WORTH CITY SECRETARY CONTRACT NO. 51107
CONTRACT FOR SERVICES
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V�EREAS, the City of Fort Worth (City) and Restroom Facilities, LTD., (Contractor) made and
entered into City Secretary Contract No. 51107, (the Contract) which was authorized by M&C C-28733 on the
12th day of June 2018 in the amount of$218,982.00; and
WHEREAS,the CONTRACT involves the installation of a pre-fabricated restroom/concession building for
the following project:
CO2425 Northwest Community Park Phase II—Restroom Installation
WHEREAS, on August 21, 2018 the Contract was revised by Amendment Number 1 to include
additional services and to increase the Contract amount by$6,569.00; and
WHEREAS, it has become necessary to administratively execute Amendment No. 2 to the Contract in
order to include increased contract time, additional scope of work,and a revised fee.
NOW THEREFORE, City and Contractor, acting herein by and through their duly authorized
representatives,enter into the following agreement,which amends the Agreement:
1.
Section 1. Scope of Work of the Agreement is amended to include the additional services specified in
the Turnkey Quotation dated July 29, 2018. The Agreement is hereby amended by adding the
Turnkey Quotation, attached to this Amendment 2, as Exhibit A2. The cost to City for the additional services
to be performed by Contractor totals$2,240.00. (See Attached Funding Breakdown Sheet, Exhibit B)
2.
Section 2. Contract Term of the Agreement is amended to include additional time to the "Term". The
original agreement completion date shall be amended to December 31,2019.
3.
Section 3. Contract Sum of the Agreement is amended to provide for an increase in the fee to be
paid to Contractor for all work and services performed under the Agreement, as amended, so that the total
fee paid by the City for all work and services shall be in an amount of$227,791.00.
4.
All other provisions of the Agreement,which are not expressly amended herein,shall remain in full force
and effect.
OFFIGAL RECORD
City of Fort Worth CITY SECRETARY
Restroom Facilities,LTD.Amendment No.2
Page 1 of 3 FP. WORTH,TX
EXECUTED and EFFECTIVE as of the date last written by a signatory, below.
APPROVED:
City of Fort Worth Contractor: Restroom Facilities,LTD.
7::��fir/ /J e7- -
Fernando Costa John Pu an
Assis"Ciiager President
DAT D/ DATE:
6 APPROVAL OM ED:
David Cre
Acting Director,Park& Recreation Department
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.
B yness, A
Lan cape& itect,Park&Recreation Department
APPROVED AS TO FORM AND LEGALITY:
Matthew Murray
Assistant City Attorney I
ATTEST:
AF FORS. '
•.d
U; P
N[ J. Kay r �~• 'a
City SecretaryAS
OFFICIAL RECORD
Contract Authorization: M&C C-28733 CITY SECRETARY
FT. WORTH,TX
City of Fort Worth
Restroom Facilities,LTD.Amendment No.2
Page 2 of 3
EXHIBIT B
FUNDING BREAKDOWN SHEET
City Secretary No. 51107
Amendment No. 1
Department Fund-Account-Center Amount
080 34014—0800450— 5740010 - - CO2425—C04280—9999 - 2,240.00
14020101
Total: 2,240.00
City of Fort Worth
Restroom Facilities, LTD.Amendment No.2
Page 3 of 3
Attachment A2:
Quote for Amendment 2
to CSC# 51107
Restroom
Facilities Ltd
fig q Colr�fortn Company
TURNKEY QUOTATION
PROJECT NAME: NORTHWEST COMMUNITY PARK
OWNER: CITY OF FT. WORTH, TEXAS
DATE: 22 JULY 2019
Restroom Facilities Limited (RFL), the Nation's leading specialized restroom design/build firm
since 1988, offers to furnish and install, per plans and specifications, subject to our attached
Scope of Work, and the Standard Terms and Conditions of Sale, which become part of our offer
to sell.
AMENDMENT TO QUOTE DATED 27 MARCH 2O18
BUYBOARD CONTRACT 512-16
ADDITIONAL DELIVERY FEES @ $ 2,240.00
(BEYOND THOSE ORIGINALLY ESTIMATED)
ADDITIONAL CONTRACT TIME 398 DAYS
BEYOND THOSE ORIGINALLY AGREED)
ORIGINAL CONTRACT END DATE: 28 NOVEMBER 2018
AMENDED CONTRACT END DATE: 31 DECEMBER 2019
STANDARD TERMS AND CONDITIONS OF SALE
1. LINKAGE:
These Terms and Conditions of Sale shall apply and form a part of the Company's Offer
to Sell.
2. PRICES:
Sales tax is not required provided the structure is installed by RFL. All Use taxes, and
applicable in plant taxes, in plant permits and fees are paid for by RFL. If payment is not
made by client in accordance with the Contract Terms, interest will be charged at the
rate of 1-1/2% (one and one/half percent) per month until paid. If an order is accepted
by the Company, and a delivery date is accepted by the Client, and delivery is delayed
by the Client, payment of all but 10% is due upon completion at the Point of
Initial Initial Page 1 of 4
1707 Colt Circle, Marble Falls,Texas 78654 • Phone: 512.222.5454 •www,restroomfacilities.com
Manufacture. A 1-1/2% (one and one/half percent) per month added fee shall be due for
each month the shipment is delayed.
3. TERMINATION:
Purchaser shall be responsible for costs of work performed which will include overhead
and profit. Contract may not be cancelled once production has commenced.
4. TITLE AND LIEN RIGHTS:
All Products remain the personal property of the Company, whether or not affixed to any
other real property or structure, until the price (including any notes given therefore) of the
equipment has been fully paid in cash. The Company shall, in the event of the
purchaser's default, have the right to enter upon any premises and repossess such
structures and equipment wherever it may be located.
5. LACHES:
Failure of the Company to exercise any right or remedy under this contract shall not be
deemed a waiver of such right, nor shall any lien or other right of the Company be lost or
impaired by laches or in any manner or by any act or failure to act.
6. DELIVERY:
Except as may be otherwise specified in the attached Offer, delivery will be F.O.B. point
of manufacture. Time of delivery is an estimate only. The Company shall in no event be
liable for delays caused by fires, acts of God, strikes, labor difficulties, acts of
Government or military, delays in transportation or procurement of materials or causes of
any kind beyond the Company's immediate control. If building is ready for shipment and
Customer delays said shipment, Company shall store the facility at the point of
manufacturing and charge 1-1/2% (one and one/half percent) per month as a storage
charge. If shipment arrives and site is not ready, Owner shall pay any off-site storage
fees as applicable.
7. WARRANTY:
All structural elements produced by the company are warranted to the purchaser to be
free from defects in material, workmanship and title. The Company will replace or repair,
at its option, defects in workmanship or any part which is proven defective within five
years from delivery. This warranty applies only where the Company has been notified in
writing of the defect within the warranty period and where any equipment has been
properly operated and maintained in accordance with the Company's instructions: the
Company having no responsibility for abuse, neglect or improper storage. Should any
issues arise where additional work must be performed RFL retains the right to perform
this work at the earliest opportunity. Should it be necessary to have this work performed
by others due to the nature of the work or a conflict in scheduling, RFL must be notified
48 hours in advance in writing and given the opportunity to perform said work. Should it
be necessary to have this work performed by others a written estimate must be
approved by RFL in advance of any work being undertaken. The Company assigns any
Initial Initial Page 2 of 4
1707 Colt Circle, Marble Falls,Texas 78654 • Phone: 512.222.5454 •www.restroomfacilities.com
and all warranties for fixtures, appliances, and other equipment manufactured by others
to said other manufacturer. Due to its nature, concrete is prone to settling and cracking.
Minor cracking in the concrete is normal and is not the responsibility of RFL. We use
high quality 304 stainless steel in our products and under certain conditions and/or
improper maintenance stainless steel may rust. Minor rust spots or discoloration are not
the responsibility of RFL. The foregoing shall constitute the said liability of the Company
and the sole remedy to the purchaser. Company's warranties as set forth in this
paragraph are exclusive and are in lieu of, and purchaser hereby waives all other
warranties, expressed or implied, including without limitation, any implied warranties or
merchantability and fitness. This warranty shall be void if payment in full for the project
is not received by the Company in accordance with these Terms and Conditions of Sale.
8. MUNICIPAL AND FEDERAL GOVERNMENT AGENCIES:
Orders may require deposits or progress payments. If buyer's financial situation justifies
such action, the Company may at its election require payment in advance or cancel the
order as to any unshipped item and require payment of its reasonable cancellation
charges. If the buyer delays completion of manufacture or a delay in shipment, the
Company shall require payment according to the percentage of completion. In the event
of the default of the buyer, the Company is entitled to the full amount due including
reasonable attorneys fees, costs, storage, expenses of physical recovery, and interest at
1-1/2% (one and one/half percent) per month.
9. CLIENTS AND NON-GOVERNMENT AGENCIES:
Orders may require deposits or advance payment as well as progress payments subject
to the buyer's creditworthiness in accordance with the Company's applicable credit
policies. Breach of any payment terms shall accelerate full payment which shall be due
the balance of the contract amount including change orders.
Initial Initial Page 3 of 4
1707 Colt Circle, Marble Falls,Texas 78654 • Phone: 512.222.5454 a www.restroomfacilities.com
Restroom Facilities Limited
John Putman, President Date
Client Name
Name and Title Date
Initial Initial Page 4 of 4
1707 Colt Circle, Marble Falls,Texas 78654• Phone: 512,222.5454•www.restroomfacilities.com