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HomeMy WebLinkAboutContract 59448-A1CSC No. 59448-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 59448 This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), and Stripe -A -Zone, LLC ("Vendor"). City and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on May 22, 2023, the Parties entered into City Secretary Contract 59448 for the Vendor to provide pavement marking services ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to increase the total compensation amount allowed under the Agreement by $600,000.00 for a new annual amount up to $3,600,000.00 for the first renewal, $4,500,000.00 for the second renewal, and $5,625,000.00 for the third renewal as authorized by Mayor and Council Communication No. 24-0108 (February 13, 2024). NOW, THEREFORE, the Parties, acting herein by through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS The Compensation provision of the Aqreement, Paragraph 2 on page 2 of the Agreement. shall be deleted in its entiretv and amended to read as follows: The city shall pay the Vendor in accordance with the fee schedule in Exhibit C and in accordance with the provisions of this Agreement. Total payment made under this Agreement shall not exceed $3,600,000.00 for the first renewal, $4,500,000.00 for the second renewal, and $5,625,000.00 for the third renewal. 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 an original. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACCEPTED AND AGREED: CITY OF FORT WORTH: By: 0 `� Name: Jesica McEachern Title: Assistant City Manager Date: Apr 1, 2024 APPROVAL RECOMMENDED: 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: Na►ne: Quenell Johnson Title: Engineering Manager APPROVED AS TO FORM AND LEGALITY: By: Lauren P��a 6, 202412:45 CDT) �A'wk, Name: Lauren Prieur Title: TPW Director By: p449 na�� Name: Jeremy Anato-Mensah ATTEST: of FORTaa Title: Assistant City Attorney so �o��o aP 00Ae.° d° CONTRACT AUTHORIZATION: A�a°ab �EXA54 ' M&C: 24-0108 By: Name: Jannette Goodall Title: City Secretary Vendor: Stripe Name: J¢I1q Joh shin Title: Vich Pr s►dent of Finance Date: 0 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 02/13/24 M&C FILE NUMBER: M&C 24-0108 LOG NAME: 13P AMEND CSCO 59448 PAVEMENT MARKING SERVICES TPW CB SUBJECT (ALL) Authorize Execution of Amendment to City Secretary Contract No, 59448 with Stripe -A -Zone, LLC to increase. the Annual Amount by $600,000.00 for a New Annual Amount Up to $3,600,000.00 for the First Renewal, $4,500,000.00 for the Second Renewal, and $5,625,000.00 for the Third Renewal, for Pavement Marking Services for the Transportation and Public Works Department RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to City Secretary Contract No. 59448 with Stripe -A -Zone, LLC to increase the annual amount by $500,000.00 for a new annual amount up to $3,600,000.00 for the first renewal, $4,500,000.00 for the second renewal, and $5,625,000.00 for the third renewal, for pavement marking services for the Transportation and Public Works Department DISCUSSION: On May 22, 2023, the City of Fort Worth entered into an agreement with Stripe -A -Zone, LLC, using an Interlocal Agreement with the City of Grand Prairie Bid No. 21116 for pavement marking services (M&C 23-0361). The initial term of the agreement was from May 22, 2023, until July 31, 2023; the agreement is currently in its first renewal term. The Transportation and Public Works Department (TPW) approached the Purchasing Division to increase the annual agreement in order to purchase additional pavement marking services required for routine traffic pavement marking. This increase is needed to ensure pavements are updated with proper compliance and safety measures as stated within reference standards of the Texas Manual on Uniform Traffic Control Devices, American Association of State Highway and Transportation Officials, Federal Highway Administration, and Texas Department of Transportation's Departmental Material Specifications. Upon City Council approval, the existing agreement will be increased by an additional $600,000.00, beginning with the current term, the first renewal term, for a new annual amount not to exceed $3,600,000.00. The remaining two renewals will be increased by 25% each renewal. Thus the second renewal term will be in an annual amount of $4,500,000.00 and the third renewal term will be in an annual amount of $5,625,000.00. State law provides that a local government purchasing an item under a cooperative or interlocal purchase agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. Interlocal Agreement contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. Funding is budgeted in the TPW Dept Highway & Streets Department's General Capital Projects Fund for the purpose of funding the FY23 PAYGO Pavement Markings project, as appropriated. AGREEMENT TERMS - The current term of this Agreement will expire on July 31, 2024, with two one-year renewal options remaining thereafter. 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. DIVERSITY & INCLUSION - A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity This amendment will not change any other agreement terms or conditions of the contract. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the FY23 PAYGO Pavement Markings project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds, Submitted for City Manaaer's Office bv: Reginald Zeno 8517 William Johnson 5806 Oriainatina Business Unit Head: Reginald Zeno 8517 Lauren Prieur 6035 Additional Information Contact: Jo Ann Gunn 8525 Charles Benson 8063 FORT WORTH. Routing and Transmittal Slip Transuortation & Public Works Department DOCUMENT TITLE: Stripe -A -Zone For: Amendment # 1 M&C: 24-0108 CPN: Date: To: Name 1. Quenell Johnson 2. Anna Benavides 3. Martin Phillips 4. Lauren Prieur 5. Jeremy Anato-Mensah 6. Jesica McEachern 7. Ronald Gonzales 8. Jannette Goodall 9. Allison Tidwell 10. Tabitha Giddings 11. 10. CSO: 59448 Department Initials TPW-Signature 01-1 TPW - Initials ?� TPW- InitialsP TPW- Signature Legal- Signature pN ACM- Signature CSO - Initial „� CSO-Signature Z6 CSO-Assign CSC - TPW-Admin DOC#: Date Out DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: []YES ®No SAME DAY: []YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ❑YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs