Loading...
HomeMy WebLinkAboutContract 58030 CSC No. 58030 VENDOR SERVICE A REEI►IENT EMERGENCYRENTAL OFSHORINGAND TREVCHINGEQUIPMENT This VENDOR SERVICES AGREEMENT ("Agreement") for emergency services due to the 2022 Summer Heat Wave is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and NTS Mikedon, LLC ("Vendor"), acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the"parties." AGREEMENT DOCUMENTS: This Agreement and supporting documents shall include the following: 1. Exhibit A—Scope of Services; 2. Exhibit B—Price Schedule; 3. Exhibit C—Verification of Signature Authority Form and; 4. Exhibit D—Insurance Requirements. Exhibits A, B, C and D, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes.In the event of any conflict between the terms and conditions of Exhibits A,B or C and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Vendor shall provide barricades and related equipment, set up, and breakdown on an as-needed basis on behalf of the Water Department.Exhibit"A,"- Scope of Services more specifically describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on the Effective Date,as established herein,and shall expire upon the end of the emergency need,unless terminated earlier in accordance with this Agreement. 3. COMIPENSATION. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit`B,"—Price Schedule. Total payment made under this Agreement shall not exceed the amount of Three hundred thousand Dollars ($300,000). Vendor shall 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 shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. 4-1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor of such occurrence OFFICIAL RECORD Vendor Services Agreement(Rcv.9.0 r.21) Page t of 16 CITY SECRETARY FT. WORTH, TX and this Agreement shall terminate on the Iast day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obli ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement.In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other fonnat deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers,agents and employees,agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way.Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event,Vendor shall, in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor agrees that City shall,until the expiration of three(3)years after final payment under this contract,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. City shall give Vendor reasonable advance notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and Vendor Services Agreement(Rev.9.07.21) Face 2 of 16 subcontractors. Vendor acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Vendor or any officers,agents,servants,employees or subcontractor of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,agents, servants, employees or subcontractor. 8. LIABILITY AND INDEMNMCATION. 8.1 LIABILITY- VENDOR SHALL BE LLIBLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY,Ii<IND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSIONS), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYEIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCL UDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent,copyright,trade mark,trade secret,or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation.So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City,for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted, Vendor shall,at its own expense and as City's sole remedy,either: (a)procure for City the right to Vendor Services Agreement(Rev.9.07.21) Page 3 of 16 continue to use the software and/or documentation;or(b)modify the software and/or documentation to make it non-infringing,provided that such modification does not materially adversely affect City"s authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid to Vendor by City,subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its primary duties,obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment,the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract for primary duties, such subcontractor shall execute a written agreement with Vendor referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Insurance requirements are found on Exhibit D. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local Iaws, ordinances, rules and regulations_ If City notifies Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. 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 Vendor Services Agreement(Rev.9.07.21) Page 4 of 16 representatives,(2)delivered by electronic means with confirmation of the transmission,or(3)received by the other party by United States Mail, registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth NTS Mikedon,LLC Attn: Dana Burghdoff,Assistant City Manager Attn: Luis Marroquin, 200 Texas Street Asst. Branch Manager Fort Worth,TX 76102-6314 1602 E. 6"Street, Irving Texas 75060 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor,any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. 16. NO WAVER. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW 1 VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. Vendor Services Agreement(Rev.9.07.21) Page 5 of 16 City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,and/or any other similar causes. 24. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only,shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement including its. 22. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment,modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including its Exhibits, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(34)days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or (b)refund the fees paid by City to Vendor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State Iaws as well as establish appropriate procedures and controls so that no services will be Vendor Services Agreement{Rev.9.07.21) Page 6 of 16 performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product, and all copies thereof,and in and to the copyright, patent,trademark,trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name,title and signature is affixed on the Verification of Signature Authority Form,which is attached hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9,documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Vendor unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Vendor has 10 or more full time-employees and the contract value is $100,000 or more,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it. (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have Vendor Services Agreement{Rev.9.07.21) Page 7 of 16 the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that if Chapter 2271,Texas Government Code applies,Vendor: (1)does not boycott Israel; and(2)wilI not boycott Israel during the terns of the contract. 31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2),the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg., R.S., S.S. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of this Agreement. 32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. Vendor acknowledges that except as otherwise provided by Chapter 2274 ofthe Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more which will be paid wholly or partly from public funds of the City,with a company(with 10 or more full-time employees)unless the contract contains a written verification from the company that it: (1)does not have a practice, policy,guidance, or directive that discriminates against a firearm entity or firearm trade association;and(2)wiIl not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"and"firearm trade association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor-: (1) does not have a practice, policy,guidance,or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. IN WITNESS WI EREOF,the parties hereto have executed this Agreement to be effective as of the date subscribed by the City's Assistant City Manager("Effective Date"). (signature page and exhibits follow) Vendor Services Agreement(Rev.9.07.21) Page 8 of 16 ACCEPTED AND AGREED: National Trench Safety.Inc. M OF FORT WORTH: _ 1+TI1pR; 1b�ar��Fiurrs�e� —— �ana6uighdoH g21.20 la:ia ion By. Name: Diana Bttrghdoff By: Namc: L is Marra in Title: Assistant City Manager Title: Asst Mann er Date: Date: APPROVAL RECOMMENDED: r'16n, Df�- e 1�d8jv By, Chriswpher H rder[Aug 17,2022 07:28 7 Name: Christopher Harder,P.E. Title: Director, Water Department FORTn �� bQ .p' *1-p°oap° ATTEST: aAQ�d a d~° o�P L�% .Z Tdnn�-he S Gocrddll ° °�1 aB lann tt�S Gw r.ili.;uip.26,1022 15:21 CDT � °O °v Y ! °ovaoo 42, Name: 7annette S.Goodall �aII ixxt'p� Title: City Secretary APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: Pal By signing I acknowledge that I am the person responsible for the monitoring and administration of By. o$larx(Auals,20221033Cor} this contract,inciudingensuringal!performance and Name: Douglas W Black reporting requirements. Title: Sr.Assistant City Attorney CONTRACT AUTHORIZATION: By. ��—► M&C: N/A See Emerg.PO attached 815772 Name: Rc i g r�fJoncs DATE_ Title: Contract Compliance Specialist 1295: Vendor Services AgTeement(Rcr.9.672I) Page 9 of 16 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES 1.1 Equipment specified herein shall be fully adjustable, protective devices specifically designed and professionally engineered to provide protection against cave-ins for personnel. 1.2 These units shall be in full compliance with all applicable federal (29 CFR Part 1926, administered by the Occupational Safety and Health Administration (OSHA)}and all applicable Texas State Laws. 1.3 The Vendor shall insure that the site is maintained twice weekly in high traffic areas and once weekly in low traffic areas. This service must be provided at no additional cost to the City. 1 A The Vendor shall respond to an emergency set up of equipment within an hour and begin delivery and setup (if needed) of shoring and trenching devices as soon as possible. 1.5 The Vendor shall pick up rental equipment within two (2) hours of the request. The City will not pay for any additional rental costs beyond the vendor has been notified of pick up 2.0 SHORING AND TRENCHING EQUIPMENT 2.1 Aluminum Hydraulic Shoring Equipment 2.1.1 Aluminum hydraulic shoring shall consist of vertical/horizontal rails and extendable aluminum cross-brace cylinders, which are operated by hydraulic fluid pressure. 2.1.2 All hydraulic shores must be capable of complete installation/removal from above ground to avoid worker exposure to un-shored trenches. 2.1.3 For purpose of these specifications, aluminum hydraulic shoring equipment shall be divided into six categories as follows: •Single Shores•Vertical Shores • Multi-Shores • Horizontal Wales •4-way Manhole Braces • Steel Road Plates 2.2 Single,Vertical &Multi-Shores 2.2.1 Cylinders shall be composed of aluminum alloys in consideration of weight, strength and non-corrosive characteristics. 2.2.2 Cylinders shall have a bleed off port to prevent over-extension of cylinders. 2.2.3 Standard cylinders shall be a minimum of 2" inside diameter(ID) and have strength of not less than 23,000 pounds axial compression load. 2.2.3.1 Standard cylinders shall be available in five minimum-to- maximum expansion ranges to provide flexibility for shoring trenches in varying widths from 17"to 88"wide. Vendor Services Agreement(Rev.9.07.21) Page 10 of 16 2.2.3.2 The five ranges shall include 17"to 27", 22" to 2611, 28" to 46", 34" to 55" and 52"to 88". 2.2.3.3 Standard cylinders shall be equipped with a solid piston head and tension loaded dual lip-"0" ring piston head seals for optimum seal and prevention of low-pressure leakage. 2.2.3.4 Cylinder pad"0" ring seals are to be located in the annular space between the cylinder barrel, and inside the cylinder pad wail to prevent twisting and tearing "0" ring. 2.2.4 Heavy-duty cylinders shall be a minimum of 3" ID and shall have strength not less than 42,000 pounds compression load. 2.2.4.1 Heavy-duty cylinders shall be available in one minimum- to-maximum expansion Range of 52"to 88". 2.2.5 All shores shall be designed for complete above ground installation and removal. All necessary tools for installation and removal (above ground) must be available. 2.2.6 Standard vertical rails shall be no less than 8" in width and have equivalent section modules of.44 inches(3) or more. 2.2.6.1 Standard rails shall be available in 2', 3 %', 5' and 7' lengths. Heavy-duty rails shall be no less than 8" in width and have equivalent section modules of 1.24 in. 3 or more and available in 8', 12', and 16' lengths. 2.2.7 Multiple cylinder configurations shall be supplied with hose bridle assemblies to allow expansion of all hydraulic cylinders simultaneously using a single hydraulic pump. 2.2.8 Approved accessories, i.e., pumps, installation and removal tools, and Fin Form plywood must be available. 2.3 Horizontal Waller Rails 2.3.1 Standard horizontal waler rails shall be no less than 6"in width and have equivalent section modules of 4.53 in.(3)or more 2.3.2 Rails shall be available in 8', 12',and 16'lengths. 2.3.3 Heavy-duty horizontal waler rails shall be no less than 8"in width and have an equivalent section modules of 14.06 in. (3),and available in 16' lengths. 2.3.4 Approved accessories,ie:pumps,installation and removal tools,and Fin Form plywood must be available. 2.4 Manhole Brace�MHB)Sub-Assemblies 2.4.1 MHB shall have four(4) way hydraulic supports, plus be able to fit rectangular and square excavations. Vendor Services Agreement(Rev,9.07.21) Page I of 16 2.4.2 MHB will have lifting eyes for installation and removal from above ground. 2.4.3 Hydraulic cylinders must meet same specifications outlined in section 6.0 of this Invitation to Bid. 2.4.4 Standard MHB inner sleeve shall be 3"X 3"X 3116"tube steel and have minimum yield strength of 46 kilonewtonlpounds per square inch (ksl). 2.4.5 Standard MHB over sleeve shall be 4"X 4"X 3116"tube steel and have minimum yield strength of 46 ks]. maximum expansion as provided by manufacturer. 2A.6 Heavy-duty MBH inner sleeve shall be 5"X 5"X 3116"tube steel and have yield strength of 46 ksl. 2.4.7 Heavy-duty MHB over sleeve shall be 6"X 6"X 318" tube steel and have yield strength of 46 ksl; Maximum expansion as provided by manufacturer. 2.4.8 Approved accessories, ie; pumps installation and removal tools, and Finn Form plywood must be available. 2.5 Aluminum Hydraulic Shoring Shields 2.5.1 Shoring shields shall consist of aluminum hydraulic wafer systems permanently mounted onto solid-sheeted aluminum exterior. 2.5.2 Exterior panels shall be extruded panels of 6061-T6 aluminum having a section modulus no less than 1.0 in. (3) per foot of width. 2.5.3 Each wall shall be fitted with a top and bottom cap or channel to protect ends of vertical sheeting 2.5.4 Shoring shields shall be furnished with telescoping steel sleeves with locking pins to provide additional safety when used as a static trench shield. 2.5.5 Shoring shields shall have a central bleed valve and spring returns for the ease of removal from trench excavations. 2.5.6 Shoring shields shall have a hydraulic manifold, which provides independent cylinder control during shield expansion. 2.5.6.1 Hydraulic cylinders must meet same specifications outlined in section 6.0 of this Invitation to Bid. 2.5.7 Shoring shields shall be available in combination of 8' and 6' heights X 8', 10', or 12' lengths. 2.5.8 Shoring shields will be equipped with speed shore speed struts for ease of operations. 2.5.9 Shoring shields shall be available in varying widths of speed struts from 29"to 95". 2.5.9.1 The five minimum ranges shall include 29"to 43", 36"to 53", 41"to 62", 47"to 71" and 69"to 95". 2.5.10 Approved accessories, i.e.; pumps installation and removal tools, and Finn Form plywood must be available. 2.5.11 Optional accessories shall be available to add end panels on one of both ends of the shield. Vendor Services Agreement(Rev.9.07.2t) Page 12 of 16 2.5.11.1 Options shall include full end panel coverage equal to speed shore's end panel, which includes aluminum sheeting as described in these specifications, without top and bottom cap. 2.5.11.2 Additionally, end panel bracketing shall be available without sheeting to enable the use of alternate sheeting materials. 2.6 Steel Trench Shields 2.6.1 Steel shields shall be constructed of high tensile strength steel for sidewalls, trusses and spreaders 2.6.2 Stee[shields shalt be furnished with lifting eyes and pulling eyes. 2.6.3 Steel trench shields shall be furnished with stacking sockets at each corner 2.6.4 Steel trench shields must have a certification plate as evidence that the equipment was designed and constructed in conformance with specifications from a registered professional engineer. 2.6.5 Complete, certified engineering data must be available for all trench boxes, and Contractor must be prepared to provide such data at the point of delivery upon request. 2.7 Manguard Sleeve/Ring 2.7.1 Man Guard Rings shall be constructed of high strength corrugated steel walls with rigid steel collars welded to top and bottom. 2.7.2 Man Guard Rings shall be furnished with lifting eyes, stacking sockets and adjustable legs, which can provide a minimum of 2 feet of clearance between the bottom of the guard and the surface of the excavation. 2.7.3 Man Guard rings shall be available in all combinations of 4'and T heights and 6', and 1 p' diameters. 2.7.4 Complete certified engineering data must be available for all Man Guard Rings, and Contractor must be prepared to provide such data and certification at the point of delivery. 2.8 Steel Road Plates 2.8.1 The road plates will be grade ASTM A36 or better with a minimum safe working load of 8,000 lbs.with a thickness of V or greater as necessary for safe site aperations. 2.8.2 The lifting points shall be in proximity to the corners or at the plate ends. No center-lift plates will be accepted. 2.8.3 Plates will be delivered to the job site unless specified otherwise. Vendor Services Agreement(Rev.9.07.21) Page 13 of 16 EXHIBIT B PRICE SCHEDULE Description Unit Unit Price 8x8 Manhole Shield Daily Rental Price Day $80.00 $x8 Manhole Box Daily Rental Price Day $80.00 8x8 Trench Box Daily Rental Price Day $57.50 10x10 Trench Box Daily Rental Price Day $92.50 1Ox12 Trench Box Daily Rental Price Day $100-1)0 Road Plates Daily Rental Price Day $15.00 8x8 Manhole Shield Weekly Rental Price Week $240,00 8x8 Manhole Box Weekly Rental Price Week $240.00 8x8 Trench Box Weekly Rental Price Week $172.50 1Ox1O Trench Box Weekly Rental Price Week $277.50 10x12 Trench Box Weekly Rental Price Week $337.50 Road Plates Weekly Rental Price Week $45,00 8x8 Manhole Shield Monthly Rental Price Month $480.00 8x8 Manhole Box Monthly Rental Price Month $480.00 8x8 Trench Box Monthly Rental Price Month $345.00 1OxIO Trench Box Monthly Rentat Price Month $555.00 1042 Trench Box Monthly Rental Price Month $675.00 Road Plates Monthly Rental Price Month $90.00 Delivery and/or Pick-Up Charge, Regular Hours 7:00 am to 4:00 pm EA $50.00 Delivery and/or Pick-Up Charge, After Hours 4:01 pm to 6:59 am EA $I00.00 EA $0.00 Set-Up Fee,if required Vendor Services Agreement(Rm9.07.21) Page 14 of 16 EXHIBIT C vER FICATION OF SIGNATURE AUTIJORITY Execution of this Signature Verification Form (°°Form")hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,resolution, ordinance or other authorization of Vendor.City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. }. Name: t SGLYI d Ul L!1 Position: y,}�n-4lrur�c Gi V�Gtr>ac - Signature 2. Name: Position: Signature 3. Name: Position: Signature; Nam Lg� Signature ofPre� } Other Title: D is 1{2r1 c—T- A G E Date: b'L)S( + oC Vendor Services Agreement{Rcv.4,07,21} Page 15 of 16 INTEROFFICE MEMO Date: August 5,2022 To: Dana Burghdoff,Assistant City Manager From: Chris Harder, P.E., Water Director Subject: EMERGENCY TRENCH SHORING AND STEEL PLATE RENTALS—SUMMER 2022 HEAT WAVE To assist the Water Department, the CMO recently authorized emergency contracts for repairs of water main breaks, street repaving, rental of traffic control devices and other related tasks. The contracts were essential due to a substantial increase in the volume of repairs attributed to sustained unseasonably high temperatures. The use of OSHA compliant trench shoring devices are necessary to insure the safety of staff repairing water mains in excavated areas five feet or deeper. Additionally,steel plates are required to minimize disruption to motorists by providing safe travel lanes prior to the completion of pavement repair. The current contracts for the rental of trench shoring devices and steel plates do not have capacity to support these unexpected barricade rentals. This memo is submitted to inform the CMO that,pursuant to the emergency authority found in City Code Chapter 2,Article I,Section 2-9 of the City's Code of Ordinances,the Water Department intends to engage with the following contractors for the rental of trench and traffic safety devices necessary for the repairs and safety of the staff and public: • United Rentals(North America)Inc. • NTS Mikedon, LLC Each contract will be in an amount up to$300,000.00 and expenditures will be billed against this amount on a work order basis. The contractors will reconcile with the Water Department their expenditures and a follow-up M&C will be presented to the City Council for ratification of the costs. Waiting to bid and award a contract to perform this work is not the best interest of the health and safety of the City of Fort Worth. In addition to the citations,above, Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect public health or safety of the municipality's residents and procurements necessary because of unforeseen damage to public machinery, equipment,or property. Water main breaks can occur at any point within the system and are thus,unforeseen,regardless of the anticipation that they may occur. APPROVED FOR EMERGENCY PROCUREMENT: chtr fiopher d rder Recommended: Christopher Harder[AL19 5,202209:Do COT) Chris Harder,P-E,Director,Water Department Approved as to form and Legality: D61aik(Aug S.202211:41 CDT) Douglas W.Black,Sr.Assistant City Attorney Approve: .4-46 7 Aft"".1ce, Cynthia Garcia,Assistant Director,Purchasing �3�GG Approve: Dana Burghdaff[Aw- 5:38 CDT! Dana Burghdoff,Assistant City Manager