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HomeMy WebLinkAboutContract 58961-A2R2Second Amendment and Second Renewal of CSC 58961 1 of 4 SECOND AMENDMENT AND SECOND RENEWAL OF CITY SECRETARY CONTRACT NO. 58961, A NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND BRIGHTVIEW LANDSCAPE SERVICES, INC. This SECOND AMENDMENT AND SECOND RENEWAL OF CITY SECRETARY CONTRACT NUMBER 58961 Second Amendment and Second Renewal is made and entered into by and between the CITY OF FORT WORTH -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and BRIGHTVIEW LANDSCAPE SERVICES, INC. , a Texas corporation, acting by and through its duly authorized representative. WHEREAS, the City and Contractor entered into a non-exclusive mowing and grounds maintenance services WHEREAS, the Agreement provides for a primary term of one year, with five (5) subsequent one-year renewal options; WHEREAS the Agreement increased the unit prices by 3.5% on all locations in Exhibit B; WHEREAS, the parties desire to exercise the second one- Ren and WHEREAS, the parties also desire to amend portions of Section 4, Section 10, Exhibit A, and Exhibit C to update the billing address beginning with the Second Renewal Term; and NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Contractor agree to renew and amend the Agreement as follows: I. The City and Contractor hereby agree to renew the Agreement for the Second Renewal Second Amendment and Second Renewal of CSC 58961 2 of 4 II. Section 4.3 is hereby amended by deleting it in its entirety and replacing it with the following: 4.3 Contractor must submit all physical invoices to: City of Fort Worth Park & Recreation Department Attention: Contract Mowing 100 Fort Worth Trail Fort Worth, TX 76102 Electronic invoices may be sent to the following email addresses: CFWMowing@FortWorthTexas.gov & SupplierInvoices@FortWorthTexas.gov III. Section 10.1 is hereby amended by deleting it in its entirety and replacing it with the following: 10.1 All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given will be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: CONTRACTOR: City of Fort Worth BrightView Landscape Services, Inc. Park & Recreation Director 2830 N. Beach St. 100 Fort Worth Trail Fort Worth, TX 76111 Fort Worth, TX 76102 With copies to: City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Second Amendment and Second Renewal of CSC 58961 3 of 4 Or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. IV. Exhibit A, Section 16.1 is hereby amended by deleting it in its entirety and replacing it with the following: 16.1 Contractor will be required to obtain a "Street Use Permit" prior to starting work. Contact Parkway Services Division: 100 Fort Worth Trail, Fort Worth TX 76102 (817) 392- 6594 for inquiries regarding permit. V. Exhibit C, Section 10.2 is hereby amended by deleting it in its entirety and replacing it with the following: 10.2 Affidavit must be received before Contractor can begin work. Failure to supply and maintain such insurance will be a breach of contract. Contractor will provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid No. 22-0208 100 Fort Worth Trail Fort Worth, Texas 76102 VI. 1. All other terms and conditions of the Agreement remain in full force and effect except as specifically set forth in this Second Amendment and Second Renewal. 2. All terms of this Second Amendment and Second Renewal that are capitalized but not defined herein have the meanings assigned to them in the Agreement. Second Amendment and Second Renewal of CSC 58961 4 of 4 IN WITNESS WHEREOF,the City and Contractor have executed this Second Amendment and Second Renewal to be effective on December 1, 2024. CITY OF FORT WORTH BRIGHTVIEW LANDSCAPE SERVICES, INC. By: _______________________By: _______________________ Jesica L. McEachern Jessica Durbin Assistant City Manager Senior Vice President Recommended: _______________________ Richard Zavala, Director Park & Recreation Department _______________________ Joel W. McKnight, Assistant Director Park & Recreation Department APPROVED AS TO FORM AND LEGALITY: _______________________ Trey Qualls Assistant City Attorney ATTEST: _______________________ Jannette S. Goodall City Secretary M&C: 23-0004 (January 10, 2023) Form 1295: Exempt 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. Christopher Swindle Sr. Contract Compliance Specialist