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HomeMy WebLinkAboutContract 58750-A3CSC No. 58750-A3 AMENDMENT NO.3 TO CITY OF FORT WORTH CONTRACT 58750 This Amendment is entered into by and between the City of Fort Worth ("City") and Rush Truck Centers of Texas, L.P. ("Vendor"). City and Vendor may be referred to individually as a "Party" and collectively as the "Parties". WHEREAS, on January 23, 2023, the Parties entered into a Sole Source Agreement for the Vendor to provide the City with labor and parts to service, repair, maintain, and upgrade the City's Peterbilt equipment, City Secretary Contract Number 58750 ("Agreement"); WHEREAS, on January 7, 2024, the City and Vendor amended Exhibit B, Price Schedule of the Agreement to reflect changes to the Vendor's labor rates and service fees and renewed the Agreement for its first renewal term from December 1, 2023 through November 30, 2024 (City Secretary Contract No. 58750-A1R1); WHEREAS, on July 9, 2024, the City and Vendor amended the Agreement to increase the total annual compensation amount allowed under the Agreement by $50,000.00 (City Secretary Contract No. 58750-A2); WHEREAS, September 27, 2024, the City and Vendor renewed the Agreement for its second renewal term from December 1, 2024 through November 30, 2025 (City Secretary Contract No. 58750-R2); WHEREAS, the Parties wish to amend the Agreement to increase the total compensation amount allowed under the Agreement by $50,000.00. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, agree to amend the Agreement as follows: 1. AMENDMENTS Section 3, the Compensation provision of the Agreement, shall be deleted in its entirety and amended to read as follows: City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit `B", Price Schedule. Total annual compensation under this Agreement will not exceed four hundred and fifty thousand dollars ($450,000.00). 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. 2• OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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, or a signature, shall be treated as and shall have the same effect as anoriginal. (signature page follows) (remainder of this page intentionally left blank) ACCEPTED AND AGREED: CITY OF FORT W TH Jana 541-a G of By: Dana Burghdoff (Oct'4, 2024 0.6 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: Oct 24) 2024 APPROVAL RECOMMENDED: By: ( 1�— Name: Marilyn Marvin Title: Property Management Director ATTEST: Q44aonan fORT��9ad P��'°°r o-0d Pao Pva g=� 41AIR By: Name: Jannette S. Goodall Title: City Secretary Rush Truck Centers of Texas, L.P. Chance, Rosewell By: Chance Rosewell (Oct 18, 202414:00 CDT) Name: Chance Rosewell Title: General Manager Date: Oct 18)2024 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: Denise Garcia ( t 23, 202416:09 CDT) Name: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Andrea Phillips Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0908 M&C Approval: 11/8/2022 Form 1295 Certification No.: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Amendment 3 Page 3 of 3 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 RUSH TRUCK DATE: 11/8/2022 NO.: 0908 LOG NAME: CENTERS OF TEXAS, L.P. REPAIRS & SVS CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Sole Source Purchase Agreement with Rush Truck Centers of Texas, L.P. for Original Equipment Manufacturer Peterbilt Truck Equipment Parts and Repairs in an Amount Up to $350,000.00 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 Rush Truck Centers of Texas, L.P. for original equipment manufacturer Peterbilt truck equipment parts and repairs in an amount up to $350,000.00 per year with four one-year renewal options for the Property Management Department. DISCUSSION: The Property Management Department (PMD) approached the Purchasing Division for assistance in obtaining replacement parts and services to maintain City owned Peterbilt equipment. Rush Truck Centers of Texas, L.P. is the authorized service facility for Peterbilt trucks maintenance, service repairs and original equipment manufacturer (OEM) replacement parts. The City of Fort Worth has crew trucks, dump trucks, tractors, parts and accessories manufactured by or for Peterbilt that range in model year from 1975 to 2018. Peterbilt 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 $350,000.00 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. DVIN: Property Management submitted a 252 Form approved by Assistant City Attorney - Taylor Paris to waive the business equity goal requirement. This procurement is exempted from the competitive bidding requirements as provided for under Section 252.022(7) of the Texas Local Government Code because, Rush Truck Centers of Texas, L.P. is the documented sole source original equipment manufacturer Peterbilt heavy equipment parts, repairs and maintenance services for Rush Truck Centers of Texas, L.P. 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 has appropriated sufficient funds to satisfy the City's obligations during the renewal term. http://apps.cfwnet.org/council_packet/mc—review.asp?ID=30461 &councildate= 11/8/2022 11/9/2022 M&C Review Page 2 of 2 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 Service 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 ID Year (Chartfield 2) FROM Fund I Department Account Project ID ID Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Program Activity Budget Reference # Amount Year (Chartfield 2) Dana Burghdoff (8018) Steve Cooke (5134) Lolita Brewer (6645) ATTACHMENTS 1295 Rush Sole Source Letter.gdf (CFW Internal) 21 FY23 RUSH TRUCK CENTERS OF TEXAS, L.P. REPAIRS & SVS funds availabilitv.l)df (CFW Internal) 21 FY23 RUSH TRUCK CENTERS OF TEXAS, L.P. REPAIRS & SVS Updated FID.xlsx (CFW Internal) 252 Waiver RUSH TRUCK (Dept.) Request for Waiver of Business Equity Goal-2021.1)df (CFW Internal) http://apps.cfwnet.org/council_packet/mc—review.asp?ID=30461 &councildate= 11/8/2022 11/9/2022