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HomeMy WebLinkAboutContract 59638-A1CSC No. 59638-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 59638 This Amendment is made between the City of Fort Worth ("F") and H&E Equipment, Inc. ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement for the rental services of construction equipment for the Water department identified as Fort Worth City Secretary Contract No. 59638 beginning June 21, 2023 and ending June 22, 2024 (the "Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to change the total compensation amount from $140,000.00 to $105,00.00 for a new annual compensation amount up to $105,000.00. NOW THEREFORE, Fort Worth and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1. Paragraph 4 of the Agreement is hereby deleted and replaced in its entirety to read as follows: 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 One Hundred Five Thousand Dollars ($105,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 2. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 59638 Page 1 of 2 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Tea.` 5J— By: Dana Burghs; (10, 20 16 CDT) Name: Dana Burgdoff Title: Assistant City Manager Date: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By:-� Name: Regina Jon Title: Contract Compliance Specialist Approved as to Form and Legality: Laut,a R Wilson for By: Laura R Wilson for (Jul7, 2023 16:52 CDT) Name: Chris Harder Title: Water Director By: Q.00vvaub Name: Jeremy Anato-Mensah Attest: ap0� fORtaa >o 0$ Title: Assistant City Attorney °Pvo o=d , to Contract Authorization: QRne� °anu nezP5441 M&C: 23-0452 By: /v� 6/13/2023 Name: Jannette Goodall Title: City Secretary VENDOR: H&E Equipment Services, Inc. By: Name: T ;or ns Title: DirGovernment Rentals and Sales Date: 7/6/2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 59638 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 13, 2023 REFERENCE NO.: **M&C 23-0452 LOG NAME: 13P ITB 23-0040 RENTAL OF CONSTRUCTION EQUIPMENT AW WATER SUBJECT: (ALL) Authorize Execution of Agreements with H&E Equipment Services, Inc., Herc Rentals Inc., and United Rentals (North America), Inc. for the Rental of Construction Equipment for the Water Department in a Combined Annual Amount Up to $350,000.00 and Authorize Four One -Year Renewals in the Same Amount RECOMMENDATION: It is recommended that the City Council authorize execution of agreements with H&E Equipment Services, Inc., Herc Rentals Inc., and United Rentals (North America), Inc. for the rental of construction equipment for the Water Department in a combined annual amount up to $350,000.00 and authorize four, one-year renewals in the same amount. DISCUSSION: The Water Department approached the Purchasing Division for assistance with securing an agreement for the rental of construction equipment on an as -needed basis. Under the proposed agreements, the vendors will provide various construction equipment for rental on a daily, weekly, and monthly basis. Purchasing issued an Invitation to Bid (ITB) that consisted of detailed specifications including the condition the equipment must be in, the required equipment warranties, and the delivery and pickup timeframe to ensure equipment is available in a timely manner. The ITB was advertised in the Fort Worth Star -Telegram on March 8, 2023, March 15, 2023, March 22, 2023, and March 29, 2023. The City received three responses. An evaluation panel consisting of representatives from the Water and Transportation & Public Works Departments reviewed and scored the submittal using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Bidder II Evaluation Factors II a II b II c II d IlTotal scorel IH&E Equipment Services, Inc. 1118.671120.00115.331134.0011 88.00 1 1Herc Rentals Inc. 1113.331119.171114.671131.4111 78.58 1 (United Rentals (North America), Inc. 1117.331120.831116.671135.0011 89.83 1 Best Value Criteria: a. Contractor's experience b. Contractor's ability to perform services in a timely manner c. Extent to which the services meet the City's needs (availability of equipment, possesses proper warranties and insurances, etc.) d. Cost of service After evaluation, the panel concluded that H&E Equipment Services, Inc., Herc Rentals Inc., and United Rentals (North America), Inc. presented the best value. Therefore, the panel recommends that Council authorize agreements with H&E Equipment Services, Inc., Herc Rentals Inc., and United Rentals (North America), Inc. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendors' bids met specifications. FUNDING: The combined annual maximum amount allowed under these agreements will be $350,000.00; however, the actual amount used will be based on the need of the department and available budget. Funding is budgeted in the Equipment Lease account of the Water Department's rollup within the Water & Sewer Fund. DVIN-BE: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS: Upon City Council approval, the agreements shall begin upon execution and expire one year from that date. RENEWAL TERMS: The agreements may be renewed for four additional, one-year terms at the amount authorized through this Mayor & Council Communication. 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 term. 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. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund. Prior to an expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity BudID get Reference #(Chartfield Amount FROM Fund Department Account P ID ct ProgramActivity Yeast Reference 2) Chartfield Amount CERTIFICATIONS: Submitted for City Manager's Office by: Reginald Zeno (8517) Dana Burghdoff (8018) Originating Department Head: Reginald Zeno (8517) Christopher Harder (5020) Additional Information Contact: ATTACHMENTS Jo Ann Gunn (8525) Alyssa Wilkerson (8357) 13P ITB 23-0040 RENTAL OF CONSTRUCTION EQUIPMENT AW WATER funds availabilitv.pdf (CFW Internal) 2. Business Equity Waiver BU60.pdf (CFW Internal) 3. FID_TABLE _CONSTRUCTION_EOUIP.xlsx (CFW Internal) 4. Form 1295 - H&E Equipment Services. Inc..pdf (CFW Internal) 5. Form 1295 - Herc Rentals.pdf (CFW Internal) 6. Form 1295 - United Rentals (North America). Inc.pdf (CFW Internal) 7. SAMs Report- H&E Equipment Services. Inc.pdf (CFW Internal) 8. SAMs Report- Herc Rentals. Inc..pdf (CFW Internal) 9. SAMs Report- United Rentals (North America). Inc..pdf (CFW Internal) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1023180 H&E Equipment Services, Inc. Baton Rouge, LA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/19/2023 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 23-0040 Heavy Construction Equipment Rentals Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Toby Hawkins My address is 7500 Pecue Lane (street) ❑x , and my date of birth is 7/31 /1961 Baton Rouge LA 70809 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in East Baton Rouge County, State of LA on the 9 day of May 20 23 (month) (year) Forms provided by Texas Ethics Commission Si aturfb rhorized agent of contracting business entity (Declarant) www.ethics.state.tx.us Version V3.5.1.a18ea2ca