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HomeMy WebLinkAbout062060-R1 - General - Contract - RDO Equipment Co.csc No. 62060-R1 CITY OF FORT WORTH REQUEST TO EXERCISE RENEWAL OPTION January 29, 2026 RDO Equipment Co. Attn: Austin Walker, Governmental Sales 5301 Mark IV Parkway Fort Worth, TX 76131 Re: Contract Renewal Notice Contract No. 62060 ("Contract") Renewal Term No. R1: July 1, 2025, to June 30, 2026 The above-referenced Contract with the City of Fort Worth eXpires on June 30, 2025 ("Expiration Date"). Pursuant to the Contract, renewals are at the mutual agreement of the parties. This letter is to inform you that the City is requesting to renew the Contract for an additional one- year period, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. To agree to renew the Contract for an additional one-year period, please sign and return this request to exercise renewal option, along with a copy of your current insurance certificate, to the address set forth below. Please log onto PeopleSoft Purchasing at http://fortworthtexas.�ov/purchasin� to ensure that your company information is correct and up to date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Ch��t'�,w�fe��e�w Christina Herrera Sr. Administrative Assistant Chri stina. Herrera(a� fortworthtexas. �ov 817-392-5193 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract 59146-R2 Page 1 of 2 CSC No. ACCEPTED AND AGREED: CITY OF FORT WORTH 1 By: Name: Jesica McEachern Title: ���t�i�,A�atlager Date: l L L t7 APPROVAL RECOMMENDED: Q�a,wu.rc� � t. $y; Lauren Prieur (Feb 4, 2026 16:17:03 CST) Name: Lauren Prieur Title: Director, TPW ATTEST: an poFORT IlIId ��°° °� �t a e'� ° �9Ad �Q o�g �o-1C � �o,�-�—%...�^t P � � o =0 ((,� pPa* o00 00 *� aadn nEXP5�o4 By. Name: Jannette S. Goodall Title: City Secretary RDO Equipment Co. � � By: � al er (Jan 29, 2026 16:03:25 CST) Name: Austin Riley Walker Title: Government Sales Date: 01/29/2026 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. ('�U��� ��� By: Name: Christina Herrera Title: Sr. Administrative Assistant APPROVED AS TO FORM AND LEGALITY: .Ah��z.� �?�u6c��,�rr�nc� By: Name: Amarna Muhammad Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0828 Date Approved: September 17, 2024 Form 1295 Certification No. 2024-1188877 C�]��Cy/,1�:7X�%]:7�� C«] � i'�'i Xy:� � ��1:�'1 FT. WORTH, TX Contract 59146-R2 Page 2 of 2 �u � � � � � 1 / • • June 5, 2025 P.O. Box 400, Austin, Texas 78767 800.695.2919 • info@buyboard.com • buyboard.com -i -��, . .. . ,- C'► .•-.. ���-� •u Kyle Braswell R.D. Offutt Company /dba/ RDO Construction Equipment Co. 700 7th Street Fargo ND 58103 Re: Rental Services of Construction Equipment, Vehicles, and Other Equipment BuyBoard Contract 740-24 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Rental Services of Construction Equipment, Vehicles, and Other Equipment, Contract 740-24 effective July 1, 2024 through June 30, 2025, with two possible one-year renewals. At this time the BuvBoard is renewinq. vour contract throuqh June 30, 2026. All discounts, terms, and conditions of your contract will remain the same. If you agree to this renewal, there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at contractadmin(a�buvboard.com prior to the start of the renewal term. Reminder: Once a BuyBoard contract is awarded, vendors must generate a minimum of $15,000 annually or they may not be offered a contract renewal. If you have questions or comments concerning this renewal, please contact me as soon as possible at contractadmin cni.buvboard.com . We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, J �:.w.. Yu�[.�..e.�9 Jim Tulberg Contract Administrator 15f renewal v.02.13.2020 r�.s...K::.� ��• y� � TASA�� � S' :� ' �T� CSC No. 62060 0 CITY OF FORT WO TH COOPERATIVE PURCHASE AGREEMENT This non-exclusive Cooperative Purchase Agreement ("Agreement") is entered into by and between RDO Equipment Ca ("Vendor") and the City of Fort Worth ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A- Seller's Price List; 3. Exhibit B- BuyBoard Cooperative Contract No. 740-24; and 4. Exhibit C- Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provision of the attached Exhibits conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the term in this Cooperative Purchase Agreement shall control. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total annual payment made under this Agreement by City will not exceed One Million, Seventy-Five Thousand Dollars ($1,075.000.00). The Parties acknowledge that this is a non- exclusive agreement to provide City with rental services of construction equipment, vehicles, and other equipment and there is no guarantee of any specific amount of work. Further, Vendor recognizes that the not to exceed amount mentioned above is the total amount of funds available, collectively, for any Vendor that enters into an agreement with the City under BuyBoard Cooperative Contract No. 740-24; and that once the collected not to exceed amount has been exhausted, funds have therefore been exhausted under this Agreement as well. 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 speciiied by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires on June 30, 2025. The City shall be able to renew this agreement for two (2) one-year renewal options by written agreement of the parties, so long as the underlying cooperative agreement is renewed. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Ciry shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other parry by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: City of Fort Worth Attn: Jesica McEachern, Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102-6314 Facsimile: (8l 7) 392-8654 With copy to Fort Worth City Attorney's Office at the same address To VENDOR: RDO Equipment Co. Attn: Austin Walker, Governmental Sales 5301 Mark IV Parkway Fort Worth, TX 76131 Phone: 682-265-8153 Email: AWalkPrnr�l�eauioment.com The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts oflaws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant Counry, Texas. To the extent the Agreement is required to be governed by any state law other than Texas ar venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or hold Vendor or any third parry harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: i By: Name: Jesica McEachem Title: Assistant City Manager Date: 10/02/2024 APPROVAL RECOMMENDED: % $y; Lauren Prieur (Sen 27. 2024 08:55 CDT) Name: Lauren Prieur Title: Transportation and Public Works Director ATTES a4q4O�n4 � ; , F FORT ��a �� o �°o 000�f•odd? � P°�`a 8��0 Pv8 g=d By' °o � o00 o��d Name: Jannette S. Goodall °�anIl� EXp5a4a Title: City Secretary naoa44 VENDOR: RDO Equipment Co. �r�ls�l�r �1'G� � WaGI��� By: Auistin Rilev Walker (Sen 2024 14:06 CDT) Name: Austin Walker Title: Government Sales 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. ,C"��,e�e�.a�e� T��c�e� By: Name: LaKeesha Dodson Title: Sr. Administrative Assistant APPROVED AS TO FORM AND LEGALITY: 76 �i ;�23CGt� �G���✓l� By: J:ssika Williams (Seo 30. 2024 08:39 CDTI Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0828 (September 17, 2024) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, September 17, 2024 REFERENCE NO.: **M&C 24-0828 LOG NAME: 13PCOOP BB 740-24 CONSTRUCTION RENTAL EQUIPMENT LSJ TPW SUBJECT: (ALL) Authorize Agreements with Multiple Vendors Using BuyBoard Cooperative Contract No. 740-24 for Construction Equipment, Vehicles, and Related Equipment Rentals for an Annual Amount Up to $1,075,000.00 and Authorize Two One-Year Renewal Options for the Same Amount for All City Departments RFrOMMENDATION: It is recommended that the City Council authorize agreements with Kirby Smith Machinery, Inc., RDO Construction Equipment Co., Associated Supply Company, Inc. dba Asco Equipment, Texas First Rentals LLC, and Zimmerer Kubota & Equipment, Inc. using BuyBoard Cooperative Contract No. 740-24 for construction equipment, vehicles, and related equipment rentals for an annual amount up to $1,075,000.00 and authorize two, one-year renewal options for the same amount for all City Departments. . • The Transportation and Public Works (TPW), Property Management, Aviation, Fire, and Environmental Services Departments approached the Purchasing Division to finalize an annual agreement with multiple vendors for the rental of construction, road and bridge, ditching, trenching, grounds maintenance, and other similar equipment. The City will use the equipment to repair potholes, asphalt paving, concrete roads, repairs at construction sites, and similar services on an as-needed basis. Staff recommends executing non-exclusive agreements with Kirby Smith Machinery, Inc., RDO Construction Equipment Co., Associated Supply Company, Inc. dba Asco Equipment, Texas First Rentals LLC, and Zimmerer Kubota & Equipment, Inc. using BuyBoard Cooperative Contract No.740-24. The annual amount allowed under these non-exclusive agreements citywide will be $1,075,000.00. However, the actual amount used will be based on the needs of the departments and available budget. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies State laws requiring that the local government seek competitive bids for the purchase of items. Buyboard Contracts have been competitively bid to increase and simplify the purchasing power of local government entities. Buyboard published the bid on July 26, 2023, and Contract 740-24 was awarded February 14, 2024. ADMINISTRATIVE CHANGE ORDERS -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. TERM: The initial term of the agreements will begin upon execution and end on June 30, 2025. RENEWAL TERMS: The Agreements may be renewed for two (2) one-year renewal options for the same annual amount. The renewals do not require specific City Council approval as long as sufficient funds have been appropriated. A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project will serve ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/ecouncil/printmc.asp?id=32534&print=true&DocType=Print 9/18/2024 FISCAL INFORMATION/ CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departmenYs Operating Funds to support the approval of the above recommendation and execution of the agreement. Prior to an expenditure being made, the participating departments have the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDs): TO Fund Department IAccount� Project Program ctivity Budget Reference# I4mount� ID ID Year Chartfield 2 � � FROM Fund Department Accoun Project Program ctivity Budget ID ID Year Reference# Chartfield 2 �4mount� � � CERTIFICATIONS: 6'311• �'1' i�����1 di , � , • - �3��:rij 9riginating Deaartment Head: i i nal Inf�rm�ti�n Cont� Reginald Zeno (8517) William Johnson (5806) Reginald Zeno (8517) Michael Crum (2501) Jo Ann Gunn (8525) LaKita Slack-Johnson (8314) ATTACHMENTS 1. 1295 RDO.pdf (CFW Internal) 2. Form 1295 ASCO.bdf (CFW Internal) 3. Form 1295 Kirbv Smith.pdf (CFW Internal) 4. FORM 1295 Texas First Rentals. LLC.pdf (CFW Internal) 5. Form 1295 Zimmerman Kubota.pdf (CFW Internal) 6. SAMS Associated Suaalv Co. No Results.qdf (CFW Internal) 7. SAMS Kirbv Smith.odf (CFW Internal) 8. SAMS RDO Eauiament Co.odf (CFW Internal) 9. SAMS Texas First Rentals. LLC.qdf (CFW Internal) 10. SOS Associated Subblv Co..qdf (CFW Internal) 11. SOS Kirbv Smith.pdf (CFW Internal) 12. SOS RDO Eauioment Co.bdf (CFW Internal) 13. SOS Texas First Rentals. LLC.pdf (CFW Internal) 14. SOS Zimmerman Kubota.adf (CFW Internal) 15. Zimmerer Kubota and Eauipment. Inc SAMS.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=32534&print=true&DocType=Print 9/18/2024 CERTIFICATE OF INTERESTED PARTIES FORM 12 95 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. RDO EQUIPMENT COMPANY FORT WORTH, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. CITY OF FORT WORTH OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2024-1188877 Date Filed: 07/17/2024 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. COOP BB 740-24 CONSTRUCTION RE RENTAL OF CONSTRUCTION EQUIPMENT. 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Check only if there is NO Interested Party. 5 6 UNSWORN DECLARATION My name is 4 d,., /`1 f�/� My address is �f, so9 �l; e�.J 11' v �sueet� l�J , and my date of birth is l crnce n_„-,-n �� <� �,�_ r'X 7/ 1' c ZIS'A �c�y� �o�a�e) (zip code) country) I declare under penalty of perjury that the foregoing is true and correct. Executedin tll��j?t-11�1' County,Stateof JE>tA--S ,onthefl.dayof. I ul�:f ,20A (month) — (year) A// � A _.,.. c�y:�reorauinorizeaagent nractinpssentity (Declarant) �orms provided Dy Iexas �thics C:ommission www.eth1cs.state.tx.us Version V4.1.O.d378aba0 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: RDO Equipment Co. Subject of the Agreement: Contract renewal for RDO Equipment Co. 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 62060 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: 06/30/25 Expiration Date: 06/26/2026 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.