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HomeMy WebLinkAboutContract 60207-A1R1CSC No. 60207-AlR1 FIRST AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY CONTRACT NO. 60207 This Amendment and Renewal is executed by and between the City of Fort Worth (hereafter "City"), a home rule municipality, and Traffic and Parking Control Co., Inc. dba TAPCO (hereafter "Vendor"). City and Vendor are each individually referred to herein as a "Party" and collectively as the "Parties." WHEREAS, on October 3, 2023 the Parties entered into City Secretary Contract No. 60207 for Vendor to highway safety products and equipment ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to increase the total compensation amount allowed under the Agreement by $312,500.00 for the first renewal, $390,625.00 for the second renewal, as authorized by Mayor and Council Communication No. 23-0748 on September 12, 2023. WHEREAS, the Parties further agree to renew the Agreement for its first renewal term. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS TO AGREEMENT The Compensation provision contained in Paragraph 7 on page 1 of the Agreement shall be deleted in its entiretv and replaced with the following: 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 $312,500.00 for the first renewal and $390,625.00 for the second 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. RENEWAL This Agreement is hereby renewed for its First Renewal Term, effective June 1, 2024 and expiring on May 31, 2025. 3. CSC 60207, Amendment 1/Renewal 1 Page 1 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. 4. ELECTRONIC SIGNATURE This Amendment and Renewal 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. CSC 60207, Amendment 1/Renewal 1 Page 2 of 4 ACCEPTED AND AGREED: I By: Name: Jesica McEachern Title: Assistant City Manager Date: May 21, 2024 APPROVAL RECOMMENDED: A....., ;,..:..„ By: Lauren Prieur (May 20, 2024 09:42 CDT) Name: Lauren Prieur Title: Director, Transportation Public Works 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. By. Name: Tarik McIntyre Title: Transportation & Public Works, Field Operations Supervisor & APPROVED AS TO FORM AND LEGALITY: 44�voppIl� ATTEST: �aoF FORr�a By: PPO � oo a00*�a T .... 0 5Name: Jeremy Anato-Mensah By: U �np444 Title: Assistant City Attorney Name: Jannette S. Goodall Title: City Secretary CONTRACT AUTHORIZATION: M&C: 23-0748 VENDOR: Traffic and Parking Control Co, Inc. Digitally signed By. n d 11eb Yi lz I CVV itle: O icer ag%olz �e rgfi o I Z Date: 2024.05.08 Date: 11:36:04-05'00' CSC 60207, Amendment I/Renewal 1 Page 3 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 09/12/23 M&C FILE NUMBER: M&C 23-0748 LOG NAME: 13P COOP BB 703-23 HIGHWAY SAFETY AND TRAFFIC CONTROL EC TPW SUBJECT (ALL) Authorize Non -Exclusive Purchase Agreements with Multiple Vendors Using BuyBoard Cooperative Contract No. 703-23 for the Purchase of Highway Safety Products and Equipment in a Combined Annual Amount Up to $2,465,013.28 for the Initial Term and Authorize Two One -Year Renewal Options for Up to $3,060,954.10 for Renewal One and $3,805,880.10 for Renewal Two for the Transportation and Public Works, Aviation, Parks and Recreation and Police Departments RECOMMENDATION: It is recommended that the City Council authorize non-exclusive purchase agreements with multiple vendors using BuyBoard Cooperative Contract No. 703-23 for the purchase of highway safety products and equipment in a combined annual amount up to $2,465,013.28 and authorize two consecutive one-year renewal options for up to $3,060,954.10 for renewal one and $3,805,880.10 for renewal two for the Transportation and Public Works, Aviation, Parks and Recreation and Police Departments. DISCUSSION: The Transportation and Public Works (TPW), Aviation, Parks and Recreation (PARD) and Police Departments approached the Purchasing Division to enter into agreements with the awarded vendors under BuyBoard Contract No. 703-23. The contract offers a variety of products for highway safety and traffic control. The user -departments will utilize the agreements to purchase various road safety and traffic control products and equipment, such as roadwork barricades, on an as needed basis. Staff from the user -departments identified and selected multiple vendors from BuyBoard's Final Catalog Award Report according to price, availability, and products offered. Approval of this Mayor and Council Communication authorizes the City to execute agreements with the following vendors: Tiger Traffic, Inc., Traffic and Parking Control Co. Inc., Texas Highway Products, LTD., Centerline Supply, Inc., Texas Traffic and Barricade, LLC., American Signal Company, All Traffic Solutions, Inc. and Buyer's Barricade, Inc. BuyBoard Contract No. 703-23 has an initial term beginning on June 1, 2023, through May 31, 2024, and includes two one-year renewal options. The Request for Proposal for BuyBoard Contract No. 703-23 was published on July 12, 2022, and responses were opened on January 19, 2023. BuyBoard contracts offer fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable. State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the items. BuyBoard contracts have been competitively bid to increase and simplify the purchasing power of government entities. Approval of this M&C authorizes the City to spend up to $2,465,013.28 for the initial term, $3,060,954.10 for the first renewal, and $3,805,880.10 for the second renewal. However, the actual first year spend is anticipated to be $1,972,010.62 based on current budget allocations. A 25% contingency is added to the authorized amount to ensure adequate coverage in the event of unexpected increases in demand. Actual usage in any term can be up to the authorized amount and will be dependent upon actual appropriations for this purpose in the departments' budgets.The annual department allocation for these agreements is: Department Annual Amount Annual Amount jAnnual Amount Initial Term Renewal 1 lRenewal 2 ITPW $1,907,010.62 $2,383,763.281 $2,979,704.081 (Aviation $25,000.00 $25,000.001 $25,000.00 PARD Q $15,000.00j $15,000.00II $15,000.00 (Police $25,000.00 $25,000.001 $25,000.00 25% Purchasing $493,002.66 $612,190.82 $761,176.02 contingency Combined Annual $2,465,013.28 $3,060,954.10 $3,805,880.10 Totals Funding is budgeted in the participating departments' Operating & Capital budgets, as appropriated. The initial term of the agreements will expire on May 31, 2024, in line with the cooperative agreement and may be renewed for up to two additional one-year terms, in accordance with the terms of the BuyBoard Contract. 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. This project will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating & capital budgets, as previously appropriated in the participating departments' Operating & Capital Funds to support the approval of the recommendation and execution of the agreements. Prior to an expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517 William Johnson 5806 Oriainatina Business Unit Head: Reginald Zeno 8517 Lauren Prieur 6035 Additional Information Contact: Jo Gunn 8325 Eugene Chandler 2057 FORT WORTH. Routing and Transmittal Slip Transuortation & Public Works Department DOCUMENT TITLE: Traffic and Parking Control Co., Inc. For: First Amendment First Renewal M&C: 23-0748 CPN: Date: To: Name 1 • Tarik McIntyre 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 12 13 14 CSO: 60207 Department Initials TPW-Signature TPW-Signature TPW- Initials W411 TPW- Signature Az- Legal- Signature gfx ACM- Signature ,a` CSO — Initial KC CSO-Signature CSO-Assign CSC AT 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