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HomeMy WebLinkAbout059665-A1 - General - Contract - Buyers Barricades, Inc.CSC No. 59665-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 59665 This First Amendment to Fort Worth City Secretary Contract No. 59665 is entered into by and between the City of Fort Worth (hereafter "City"), a Texas home rule municipality, and Buyers Barricades, Inc. ("Vendor"), a corporation and authorized reseller through BuyBoard Contract No. 703-23. City and Vendor are individually referred to as a"Party" and collectively referred to as "Parties." WHEREAS, on July 12, 2022, City and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract 57855 for Vendor to provide City with highway safety and traffic control products. ("Agreement"); WHEREAS, on May 9, 2023, Council authorized an increase and successor agreements on the same terms and conditions as stated in Mayor and Council Communication No. 23-0369; WHEREAS, on June 26, 2023, the Parties amended the Agreement to increase the contract amount to an amount not to exceed $200,000.00, as authorized by Mayor and Council Communication No. 23-0369; WHEREAS, on June 26, 2023, City and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract 59665 for Vendor to provide City with highway safety and traffic control products. ("Agreement"); and WHEREAS, it is the collective desire of the Parties to amend the Agreement to increase the total annual allowable compensation under the Agreement from $200,000.00 to $300,000.00, as authorized by Mayor and Council Communication No. 23-0369 (June 26, 2023) NOW, THEREFORE, acting herein by and through their duly authorized representatives, City and Vendor do hereby agree to the following: �FFICIAL RECORD 1 CITY SECRETARY AMENDMENT TO AGREEMENT FT. WORTH, Tx The following terms are hereby amended to either replace any conflicting terms in the Agreement or will be added to the terms and will be binding and enforceable as if they were originally included therein: Paragraph four of the Agreement is deleted in its entirety and replaced with the following language: City shall pay Vendor in accordance with the fee schedule in EXhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not eXceed Three Hundred Thousand Dollars ($ 300, 000. 00). 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, of a signature, shall be treated as and shall have the same effect as an original. ACCEPTED AND AGREED: CITY OF FORT WORTH: : Date: Name: Jesica McEachern Title: Assistant City Manager APPROVAL RECOMMENDED: �/L���' $y; Lauren Prieur (Feb 25, 2026 16:41:06 CST) Name: Lauren Prieur Title: Director ATTEST: 4FORT fl➢ a;�F0000 (yO9�� a�o -�a /� � pPpr�# ° C�\��R" ddLp nE6A9ao By: Name: Jannette S. Goodall Title: City Secretary VENDOR: Buyers Barricades, Inc. ('�e� Se�te� By: Name: Cole Benton Title: Director of Estimating Date: 02�25�2026 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. (�/'Lu¢tli+,.� �i�.� By: Name: Christina Herrera Title: Sr. Administrative Assistant APPROVED AS TO FORM AND LEGALITY: By, �G� � .���ti me: Jordan P. Alvaf�z Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0369 Form 1295 Certificate No.: 2023-1006082 QFFICIAL RECORD CITY SECRETARY FT. WORTH, TX M&C Review Official site of the City of Fort Worth, Texas A CITY COUNCIL AGEND FflRT_� f� Create New From This M&C DATE: 5/9/2023 REFERENCE **M&C 23- NO.: 0369 LOG NAME: CODE: P TYPE: CONSENT PUBLIC HEARING: Page 1 of 2 13PAMEND COOP BB 608-20 HIGHWAY SAFETY AND TRAFFIC CNTR WTR HO NO SUBJECT: (ALL) Authorize Execution of an Amendment to City Secretary Contract No. 57855 with Buyers Barricades Inc. for Highway Safety and Traffic Control Products to Increase the Annual Amount by $100,000.00 for a New Annual Amount of $200,000.00 Using BuyBoard Cooperative Contract for the Water Department RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to City Secretary Contract No. 57855 with Buyers Barricades Inc. for highway safety and traffic control products to increase the annual amount by $100,000.00 for a new annual amount of $200,000.00, using BuyBoard Cooperative Contract 608-20, for the Water Department and authorize two one-year renewal options under substantially similar terms. DISCUSSION: On July 13, 2022, the Water Department entered into the Agreement for the purchase of highway safety and traffic control products for an annual spend amount of $100,000.00 using BuyBoard contract 608-20. The Request for Proposal for BuyBoard Contract No. 698-23 was published on July 21, 2019, and responses were opened on November 7, 2019. BuyBoard contracts offer fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable. The Water Department requested that the Purchasing Division assist with amending the agreement with Buyers Barricades Inc. to increase the annual spending limit by up to $100,000.00 for a new not to exceed annual amount of $200,000.00. The increase will be used to purchase traffic control equipment such as road signs, stands, traffic cones, and barrels which are used to divert traffic around work sites providing a safe work environment for crews repairing water and sewer mains. The maximum amount allowed under this agreement for the Water Department will be $200,000.00; however, the actual amount used will be based on the need of the department and the available budget. Funding is budgeted in the Water Department's rollup within the Water and Sewer Fund. COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. BuyBoard contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. SUCCESSOR CONTRACTS: The City will initially use the BuyBoard contract to make purchases authorized by this Mayor and Council Communication (M&C). The Cooperative Contract is set to expire on May 31, 2023. If BuyBoard 608-20 is extended, this M&C authorizes the City to purchase similar equipment and supplies under the extended contract. If BuyBoard 608-20 is not extended but BuyBoard executes a new cooperative contract with Buyers Barricades Inc. and with substantially similar terms, this M&C authorizes the City to purchase the services under the new BuyBoard contract. If this occurs, in no event will the City continue to purchase services under the new agreement for more than three (3) years without seeking Council approval. In the event that a Cooperative Agreement is not renewed, Staff would cease purchasing at the end of the last Purchase http://apps.cfwnet.arg/council�acket/mc review.asp?ID=30996&councildate=5/9/2023 2/25/2026 M&C Review Page 2 of 2 Agreement coinciding with the valid Cooperative Agreements. If the City Council were to not appropriate funds for a future year, Staff would stop making purchases when the last appropriation expires, regardless of whether the then-current Purchase Agreement has expired. DIVERSITY & INCLUSION - A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. AGREEMENT TERM: The current term of this Agreement expires on May 31, 2023 in accordance with the BuyBoard contract. RENEWAL OPTIONS: This agreement may be renewed up to two one-year renewal terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. 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. These projects will 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 Water Department Operating Fund to support the approval of the above recommendation and execution of the amendment to the contract. Prior to any expenditures being incurred the Water Department has the responsibility to validate the availability of funds. BQN\\ TO Fund ' Department Account Project , ID ID FROM Fund Department Account Project ID ID Submitted for Citv Manaper's Office bv: Program ' Activity ' Budget Reference # Amount I � Year (Chartfield 2) � Program Activity I Budget Reference # Amount Year (Chartfield 2) Reginald Zeno (8517) Dana Burghdoff (8918) Oriqinatinq Department Head: Additional Information Contact: ATTAC H M E NTS Reginald Zeno (8517) Christopher Harder (5020) Jo Ann Gunn (8525) Heather Oakes (8354) 13PAmend COOP BB 608-20 Hiqhwav Safetv and Traffic Cntr Wtr.docx (CFW Internal) Buvers Barricades SAM 04.03.23.pdf (CFW Internal) Form 1295 Certificate 101032130 Sianed 4-12-23.pdf (CFW Internal) Water - FID Table - Barricades.xlsx (CFW Internal) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=30996&councildate=5/9/2023 2/25/2026 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Buyer Barricades, Inc. Subject of the Agreement: Contract 59665 Amendment 1 M&C Approved by the Council? * Yes ❑✓ No ❑ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑✓ No ❑ CSC 59665 If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 0 If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 06/01 /25 Expiration Date: 05/31 /26 If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑✓ No ❑ *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.