HomeMy WebLinkAboutContract 58676-A1CSC No. 58676-A1
AMENDMENT NO. 1 TO
FORT WORTH CITY SECRETARY CONTRACT NO. 58676
This Amendment is made between the City of Fort Worth ("City") and Kirby -Smith
Machinery ("Vendor").
WHEREAS, City and Vendor entered into an Agreement identified as Fort Worth City
Secretary Contract No. 58676 beginning January 3, 2023 (the "Agreement"); and
WHEREAS, it is the collective desire of both City and Vendor to amend the Agreement
to incorporate agreed upon line items into Exhibit B, Payment Schedule.
NOW THEREFORE, City and Vendor, acting herein through their duly authorized
representatives, agree to the following terms, which amend the Agreement as follows:
A. Exhibit B of the Agreement, Payment Schedule, is hereby amended by adding the
following language:
1. Freight for parts that weigh less than 100 pounds at a minimum cost of $35
and not to exceed $45 per invoice.
2. Expedited Freight will be charged at a 10% markup of cost to vendor —
vendor must provide a receipt of their cost with every invoice incurring expedited
freight
3. Freight for parts that weigh over 100 pounds will be charged at a 10%
markup of cost to vendor — vendor must provide a receipt of their cost with every
invoice incurring freight for parts over 100 pounds
B. 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
Amendment No. 1 to Fort Worth City Secretary Contract No. 58676 Page 1 of 2
Executed effective as of the date signed by the Assistant City Manager below.
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City of Fort Worth
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By: Dana Burghdoff (Sep 20241 DT)
Name: Dana Burghdoff
Title: Assistant City Manager
Approval Recommended:
By.
Name: Marilyn Marvin
Title: Interim Property Management Director
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By: (� ova* o° °°°*�
Name: Jannette S. GoodallnezAsapp
Title: City Secretary
Kirby -Smith Machinery, Inc.
By:
Name: James McDonnell
Title: Government Territory manager
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.
Dehise Garcia
Denise Garcia (Aug 29, 202416:49 CDT)
By:
Name: Denise Garcia
Title: Purchasing Manager
Approved as to Form and Legality:
By:
Name: Jessika J. Williams
Title: Assistant City Attorney
Contract Authorization:
M&C: 22-0910
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Amendment No. 1 to Fort Worth City Secretary Contract No. 58676 Page 2 of 2
M&C Review Page 1 of 2
0
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND FORTWORTH
Create New From This M&C
REFERENCE **M&C 22- 21 FY23 KIRBY-SMITH
DATE: 11/8/2022 NO.: 0910 LOG NAME: MACHINERY REPAIRS &
SVS
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Sole Source Purchase Agreement with Kirby -Smith Machinery for Original
Equipment Manufacturer Gradall Equipment Parts and Repairs in an Amount Up to
$200,000.00 Per Year with Four One -Year Renewal Options for the Property Management
Department
RECOMMENDATION:
It is recommended that the City Council authorize a sole source purchase agreement with Kirby -Smith
Machinery for original equipment manufacturer Gradall equipment parts and repairs in an amount up
to $200,000.00 per year with four one-year renewal options for the Property Management Department.
The Property Management Department (PMD) approached the Purchasing Division for assistance in
obtaining replacement parts and services to maintain City owned Gradall excavating equipment. Kirby -
Smith Machinery is the authorized service facility for Gradall maintenance, service repairs and original
equipment manufacturer (OEM) replacement parts. The City of Fort Worth has excavators to
demolish, dig, load and unload terrain on highways and off -road with a model year range of 1975 to
2018. Gradall offers OEM parts needed to ensure optimal performance from equipment
during standard business hours and after hour field service calls.
Staff reviewed the prices and determined them to be fair and reasonable. No guarantee was made
that a specific amount of goods and services would be purchased. The City anticipates spending
approximately $200,000.00 during the first agreement period; which provides an adequate amount of
funds for repairs and service needed for city equipment.
Funding is budgeted in the Fleet Service Outside Repair & Maintenance account of the Property
Managment Department's Fleet & Equipment Service Fund.
M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by
the Property Management Department and approved by the M/WBE Office, in accordance with the
M/WBE or BDE Ordinance, because the M/WBE Waiver is based on the sole source information
provided to the M/WBE Office by the Purchasing Division Buyer.
This procurement is exempted from the competitive bidding requirements as provided for under
Section 252.022(7) of the Texas Local Government Code because, Kirby -Smith Machinery is the
documented sole source original equipment manufacturer for Gradall equipment parts, repairs and
maintenance services for Kirby- Smith.
ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by
the City Manager in the amount up to $50,000.00 and does not require specific City Council approval
as long as sufficient funds have been appropriated.
Upon City Council approval, the Agreement shall begin upon execution of the Agreement and expire
one year from that date.
RENEWAL OPTIONS - This Agreement may be renewed for four additional one-year renewal
periods. This action does not require specific City Council approval provided that the City Council
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30463&councildate=ll/8/2022 11/9/2022
M&C Review Page 2 of 2
has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds are
available in the current operating budget, as previously appropriated, in the Fleet & Equipment Sery
Fund. Prior to any expenditure being incurred, the Property Management Department has the
responsibility to validate the availability of funds.
TO
Fund Department ' Account Project Program Activity ' Budget Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund Department Account Project Program I Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Dana Burghdoff (8018)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Lolita Brewer (6645)
ATTACHMENTS
21 FY23 KIRBY-SMITH MACHINERY REPAIRS & SVS funds availabilitv.pdf (CFW Internal)
252 Waiver KIRBY-SMITH MACHINERY (Dept.)
Request for Waiver of Business Equitv Goal-2021.pdf (CFW lnternal)
FID TABLE for Kirbv Smith.xlsx (CFW Internal)
Form 1295 KIRBY SMITH Certificate 100959624.pdf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30463&councildate=ll/8/2022 11/9/2022