The URL can be used to link to this page

Home My WebLink AboutContract 62048-A1CSC No. 62048-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 62048 BETWEEN THE CITY OF FORT WORTH AND H&H CONCRETE ON DEMAND, INC. This FIRST AMENDMENT ("First Amendment") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized representative, and H&H CONCRETE ON DEMAND, INC. ("Vendor"), a Texas corporation, acting by and through its duly authorized representative. The City and Vendor are herein referred to individually as a ("Party") and collectively as the ("Parties"). WHEREAS, on September 27, 2024, the City and H&H Concrete On Demand, Inc. entered into a Vendor Services Agreement to provide road and highway building materials, the same being City Secretary Contract ("CSC") Number 62048 ("Agreement"); WHEREAS, the Parties wish to amend the Agreement to increase the annual contract amount to $1,375,000.00; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the City and Vendor agree to amend the Agreement as follows: I. Section 3 of the Agreement, titled "Compensation," is hereby amended by deleting it in its entirety and replacing it with the following: 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total annual compensation under this Agreement will not exceed One Million Three Hundred Seventy -Five Thousand Dollars and Zero Cents ($1,375,000.00). The Vendor acknowledges that this is a non-exclusive agreement and there is no guarantee of any specific amount of purchase. Further, Vendor recognizes that the amount stated above is the total amount of funds available, collectively, for any vendor that enters into an agreement with the City under the relevant M or cooperative agreement and that once the full amount has been exhausted, whether individually or collectively, funds have therefore been exhausted under this Agreement as well. Vendor will not perform any additional 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 will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. II. 1. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. OFFICIAL RECORD CITY SECRETARY First Amendment of CSC 62048 FT. WORTH, Tx Pagel of 3 2. All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. (Signatures on following page) First Amendment of CSC 62048 Page 2 of 3 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment City of Fort Worth: rwuv Dana Bur hdoff (Aug e16:14:49ICT By: g g 5, 2 Name: Dana Burghdoff Title: Assistant City Manager 08/05/2025 Date: Vendor: ko�61 tf la-kaw By: Kody Haverkamp (Jul 30, 2025 21:34:13FCDT) Name: Kody Haverkamp Title: Vice President Email: kodvnhhconcretedfw.com FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: Name: Dave Lewis Title: Director Park & Recreation Department By: Name: Joel McElhany Title: Assistant Director Park & Recreation Department Approved as to form and legality: By: Name: Trey Qualls Title: Assistant City Attorney Contract Authorization: M&C: 25-0411 Approval Date: 05/13/2025 Form 1295: 2025-1271124 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: Thomas Eatinger (Jul30, 2 10:33:55 CDT Name: Thomas Eatinger Title: District Superintendent Park & Recreation Department oovoa4 a F F�RTnnBa City Secretary: o° *d ddaIl nEaaS�'d By: Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment of CSC 62048 Page 3 of 3 M&C Review Page 1 of 2 A CITY COUNCIL AGEND Create New From This M&C DATE: 5/13/2025 REFERENCE **M&C 25- LOG NAME: NO.: 0411 CODE: P TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORTWORTH 13P AMEND MULTIPLE CSC RD & HIGHWAY BUILDING MATERIALS JJ PARD NO SUBJECT: (ALL) Authorize Execution of an Amendment to Multiple Non -Exclusive City Secretary Contracts with David-Tehoungue Ltd Co and with H&H Concrete on Demand Inc for Road and Highway Building Materials to Increase the Annual Amount by $275,000.00 for a New Annual Amount Up to $1,375,000.00 for the Park & Recreation Department RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to multiple non- exclusive City Secretary Contracts with David-Tehoungue Ltd Co and with H&H Concrete on Demand Inc for road and highway building materials to increase the annual amount by $275,000.00 for a new annual amount up to $1,375,000.00 for the Park & Recreation Department. DISCUSSION: On September 27, 2024, the City executed non-exclusive City Secretary Contract (CSC) No. 62047 with David-Tehoungue Ltd. Co. and CSC No. 62048 with H&H Concrete on Demand, Inc. for road and highway building materials on an as -needed basis. The Park & Recreation Department (PARD) requested an increase in spending capacity to ensure sufficient funds are available for needed services at City facilities. The concrete materials are used each year on an ongoing basis for various small scope capital projects such as park upgrades, site improvements, playgrounds, Americans with Disabilities Act (ADA) compliance requirements, etc. The PARD is requesting an increase because the current contract limit is not sufficient to meet PARD's needs. The purpose of this Mayor & Council Communication is to authorize an amendment to the non-exclusive agreements to increase allowable spending by $275,000.00 for a new annual agreement up to $1,375,000.00. BUSINESS EQUITY: H&H Concrete on Demand, Inc. agrees to maintain its initial M/WBE commitment of 5.99\% that it made on the original contract and extend and maintain that same M/WBE commitment of 5.99\% to this first change order. Therefore, H&H Concrete on Demand, Inc. remains in compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/WBE Commitment form executed by an authorized representative of its company. David-Tehoungue Ltd Co agrees to maintain its initial M/WBE commitment of 85.72\% that it made on the original contract and extend and maintain that same M/WBE commitment of 85.72\ % to this first change order. Therefore, David-Tehoungue Ltd Co remains in compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/WBE Commitment form executed by an authorized representative of its company. AGREEMENT TERMS: The current term of this agreement will expire on September 26, 2025. RENEWAL TERMS: The agreement may be renewed for four (4) one-year terms for an annual amount up to $1,375,000.00 annually. This action does not require specific City Council approval provided that City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. Staff anticipates the costs for renewal years shall remain approximately the same as the initial year. http://apps.cfwnet.org/council_packet/mc review.asp?ID=33274&councildate=5/13/2025 7/28/2025 M&C Review Page 2 of 2 FUNDING: Funding is budgeted in the General Operating & Maintenance category within the General Fund for the Park and Recreation Department for the initial term of the agreements in Fiscal Year 2025. These agreements serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and execution of the amendment to the agreements. Prior to any expenditure being incurred, the Park and Recreation Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project I Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Reginald Zeno (8517) Submitted for Citv Manager's Office bv: Dana Burghdoff (8018) Originating Department Head: Reginald Zeno (8517) Dave Lewis (5717) Additional Information Contact: Brandy M. Hazel (8087) Juby Jacob (8066) ATTACHMENTS 13P AMEND CSC 62048 ROAD AND HIGHWAY BUILDING MATERIALS JJ P funds availabilitv.Ddf (CFW Internal) ACPF Completed form - David T.Ddf (CFW Internal) APCF Completed Form - H&H concrete.Ddf (CFW Internal) David T Form 1295 Certificate.Ddf (CFW Internal) FID TABLE Redi-Mix Concrete 2-10-25.xlsx (CFW Internal) H&H - 2025 1295 Form FTW Parks Rec.Ddf (CFW Internal) SAMs- H&H Concrete on Demand.ioq. (CFW Internal) SAMs-David-Tehounque Ltd .ipa (CFW Internal) SOS - David-Tehounque Ltd.ioa. (CFW Internal) SOS - H&H Concrete on Demand, Inc..ipq. (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=33274&councildate=5/13/2025 7/28/2025