HomeMy WebLinkAboutContract 58722CSC No. 58722
VENDOR SERVICES AGREEMENT
United Rentals, Inc.
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation
and United Rentals (North America), Inc. ("Vendor"), a Texas Corporation, and 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 perform rental services of shoring, trenching and shielding equipment 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 one year
after completion of the Services, unless terminated earlier in accordance with this Agreement. City shall
have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up
to four (4) one-year renewal options.
3. COMPENSATION.
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 be in the amount of Two Hundred
Twenty -Eight Thousand Dollars ($228,000.00). 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.
Vendor Services Agreement (Rev.9.07.21) Page 1 of 13
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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
and this Agreement shall terminate on the last 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 Obligations 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 format 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 Services Agreement (Rev.9.07.21) Page 2 of 13
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
subcontractors. Vendor acknowledges that the doctrine of respondeat 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.
S. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBYCOVENANTSAND AGREES
TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES, FROMAND A GAINS T ANY AND ALL CLAIMS OR LAWSUITS OF
ANYKIND
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, INCLUDING 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
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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
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 laws,
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.
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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 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: I To VENDOR:
City of Fort Worth Ethan Jimenez
Attn: Dana Burgdoff, Assistant City Manager Branch Manager, Title
200 Texas Street Arlington, Texas 76011
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654 Facsimile: 877-874-4468
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 WAIVER.
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 / 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.
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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.
20. 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 (30) 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
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Federal and State laws as well as establish appropriate procedures and controls so that no services will be
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
Vendor Services Agreement (Rev.9.07.21) Page 7 of 13
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
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) will not
boycott Israel during the term 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.B. 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 of the 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) will 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 WHEREOF, 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 13
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
Dana Burghdoff (Jan 12, 2023 09:41 CST)
By: Name: Dana Burg
doff
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By: Christopher H a rd (J an 10, 202367:08 CST)
Name: Chris Harder. PE
Title: Water Director
ATTEST:
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By: Jannette S. Goodall (Jan 13, 2023 09:49 CST)
Name: Jannette Goodall
Title: City Secretary
APPROVED AS TO FORM AND LEGALITY
C
D4jlack (Jan 12, 2023 09:39 CST)
Name: Dou, Black
Title: Sr. Assistant City Attornev
CONTRACT AUTHORIZATION:
M&C: 22-0956
DATE: 11129/2022
1295: 2022-945288
VENDOR: / ,'
By: (-'Nark: Wan Jit�z
Title: ranch Manager
Date: 12 �6 Z
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: Requ �.
Namc: Regina Jones
Title: Contract Compliance Specialist
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement (RLv.9.07?1) Page 9 of 13
EXHIBIT A
SCOPE OF SERVICES
Vendor Services Agreement —Exhibit A (Rev.9.07.21) Page 10 of 13
PART — 2
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to finalize an agreement for rental services of
shoring, trenching and shielding equipment for the Water Department on an "as needed"
basis. Prospective responding bidders should ensure they download all attachments for
complete responses and understanding of the agreement the City intends to award from
this solicitation. The successful bidder(s), known hereafter as "Contractor"/"Vendor."
1.2 The quantities listed on the bid solicitation are only estimates based on previous usage and
do not indicate intent to purchase or a guarantee of future business. The City is obligated to
pay for only those services actually ordered by an authorized City employee and then
received as required and accepted by the City.
1.3 This Agreement shall be for a one-year (1) period, with four (4) options to renew for
additional one-year periods, unless terminated earlier in accordance with this Agreement
("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew under the
same terms and conditions for up to four (4) one-year renewal periods, unless City or
Vendor provides the other party with notice of non -renewal at least 60 days before the
expiration of the Initial Term or renewal period. However, if funds are not appropriated, the
City may cancel the Agreement thirty (30) calendar days after providing written notification
to the Contractor / Vendor.
1.4 Following the award, additional services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the
Agreement, may be added based on the discount bid and price sheet provided with the bid.
1.5 Unit prices shall include all costs associated with the specified work, including but not
limited to handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.6 Any services that have been omitted from this scope of service that are clearly necessary
or in conformance shall be considered a requirement although not directly specified or
called for in the scope of services.
1.7 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
2.0 TENTATIVE SCHEDULE OF EVENTS
TASK
DATE
ITB Release Date
August 31, 2022
Pre -Bid Conference
September 7, 2022 at 10AM
Local Time
Deadline for Questions
September 8, 2022 at 5PM
Local Time
Answers Posted
September 13, 2022
ITB Responses Due Date AT 1:30 p.m. Local Time
September 22, 2022
ITB 22-0209 Shoring, Trenching & Shielding Equipment Rentals
Page 13 of 33
Recommended Vendor Selection October 2022
Mayor and Council Consideration October/ November 2022
Contract Execution November 2022
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The Vendor shall notify the 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 the company 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 do so may adversely impact future invoice payments.
4.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED
4.1 The Contractor shall:
4.1.1 Have a minimum of five (5) years of experience in providing excavation safety
products.
4.1.2 Obtain the services of a Professional Engineer as defined by Texas Government
Code Chapter 2254 ("Engineer").
4.1.3 Have and operate a full-time, permanent business address with the ability to be
reached by email and telephone.
5.0 METHOD OF AWARD
5.1 Bids will first be evaluated based upon bids received from a responsible bidder that
presents the best value to the City. A responsible bidder is defined as a bidder that:
5.1.1 Meets all the requirements listed in Section 4, Part 2.
5.1.2 Submits a completed bid package within the stated deadline and in accordance
with the bid specifications.
5.2 Bids that do not receive 50% or more of the total available points, excluding the points for
price, will be deemed non -responsive.
5.3 The following criteria will be used to determine the best value:
5.3.1 Cost of service — up to 40 points
5.3.2 Contractor's Qualifications, Experience, and References — up to 30 points
5.3.3 Availability of resources to provide services (equipment, personnel) — up to 20
points
5.3.4 Contractor's approach to perform services — up to 10 points
5.4 In order for the City to receive adequate coverage on its requirements as specified in the
solicitation, the City reserves the right to make multiple awards.
5.5 The City reserves the right to accept or reject in whole or in part any or all bids received
and to make an award on the basis of individual item, combination of items, or overall bid,
as it is deemed in the best interest of the City. The City also reserves the right to reject the
ITB 22-0209 Shoring, Trenching & Shielding Equipment Rentals Rnized 6.922cc
Page 14 of 33
bid of a bidder who has previously failed to perform properly or complete on time
agreements of a similar nature.
5.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to
performance record of bidder with the City itself, another municipal corporation of like size,
or private corporations during the past two-year period. Such precautions are deemed to be
in the public interest inasmuch as Vendor failure or inability to furnish items within the
prescribed time can create emergency situations and impose unnecessary hardship on
both the City as a municipal corporation and the public at large.
5.7 The evaluation factors listed above will be applied in a comparative manner to all eligible,
responsive bids. Award may be made without discussion with Bidders after bids are
received. Bids should, therefore, be submitted on the most favorable terms.
5.8 The City also reserves the right to reject the bid of a bidder who has previously failed to
perform properly or complete on time agreements of a similar nature.
5.9 If Attachment C, Local Preference, is completed by any Bidder, the City will review the
Attachment to determine whether Local preference will apply to the award.
6.0 EXPERIENCE AND ENGINEERING — Contractor shall
6.1 Require that its Engineer be familiar with the manufacturer's equipment, be available for
site evaluation. This engineer will prepare trench safety engineering plans, shoring designs
and certifications at all times.
6.2 Provide upon request written certification, attested by an Engineer, concerning the rated
capacity and equipment manufacturer's tabulated data.
7.0 DELIVERY AND PICK UP OF EQUIPMENT
7.1 Deliveries will be made to the various job locations throughout the City. The address to
these locations will be provided by the Water Department.
7.1.1 Emergency/After-hours hours shall be 5:00 p.m. to 7:30 a.m., Monday through
Friday, and all day Saturday and Sunday.
7.2 Contractor shall respond within one hour of request and all equipment shall be delivered
within two (2) hours of the request.
7.3 Contractor shall assemble equipment upon delivery.
7.4 Contractor shall respond to request for pick up within 2 hours and provide a confirmation
number. The City will not pay for any additional rental costs beyond 2 hours after
notification of pick up request.
7.5 Contractor shall disassemble equipment upon pickup.
8.0 SHORING AND TRENCHING EQUIPMENT REQUIREMENTS
8.1 Equipment specified herein shall be fully adjustable, protective devices specifically
designed and professionally engineered to provide protection against cave-ins for
personnel.
8.2 This equipment 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.
ITB 22-0209 Shoring, Trenching & Shielding Equipment Rentals R—ed 6.9 :'sc
Page 15 of 33
8.3 Aluminum Hydraulic Shoring Equipment
8.3.1 Aluminum hydraulic shoring shall consist of vertical/horizontal rails and extendable
aluminum cross -brace cylinders, which are operated by hydraulic fluid pressure.
8.3.2 All hydraulic shores must be capable of complete installation/removal from above
ground to avoid worker exposure to un-shored trenches.
8.3.3 For purpose of these specifications, aluminum hydraulic shoring equipment shall
be divided into six categories as follows:
8.3.3.1 Single Shores
8.3.3.2 Vertical Shores
8.3.3.3 Multi -Shores
8.3.3.4 Horizontal Wales
8.3.3.5 4-way Manhole Braces
8.3.3.6 Steel Road Plates
8.4 Single Shores, Vertical & Multi -Shores
8.4.1 Cylinders shall be composed of aluminum alloys in consideration of weight,
strength and non -corrosive characteristics.
8.4.2 Cylinders shall have a bleed off port to prevent over -extension of cylinders.
8.4.3 Standard cylinders shall be a minimum of 2" Inside Diameter (ID) and have
strength of not less than 23,000 pounds axial compression load.
8.4.3.1 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.
8.4.3.2 The five ranges shall include 17" to 27", 22" to 26", 28" to 46", 34" to 55"
and 52" to 88".
8.4.3.3 Standard cylinders shall be equipped with a solid piston head and tension
loaded dual lip- "O" ring piston head seals for optimum seal and prevention
of low-pressure leakage.
8.4.3.4 Cylinder pad "O" ring seals are to be located in the annular space between
the cylinder barrel, and inside the cylinder pad wall to prevent twisting and
tearing "O" ring.
8.4.4 Heavy-duty cylinders shall be a minimum of 3" ID and shall have strength not less
than 42,000 pounds compression load.
8.4.4.1 Heavy-duty cylinders shall be available in one minimum -to -maximum
expansion Range of 52" to 88".
8.4.5 All shores shall be designed for complete above -ground installation and removal.
All necessary tools for installation and removal (above ground) shall be available
Revised fi.9.?cc
ITB 22-0209 Shoring, Trenching & Shielding Equipment Rentals
Page 16 of 33
for the Department to be able to use.
8.4.6 Standard vertical rails shall be no less than 8" in width and have equivalent section
modules of .44 inches (3) or more.
8.4.6.1 Standard rails shall be available in 2', 3'/z', 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.
8.4.7 Multiple cylinder configurations shall be supplied with hose bridle assemblies to
allow expansion of all hydraulic cylinders simultaneously using a single hydraulic
pump.
8.4.8 Approved accessories, i.e., pumps, installation and removal tools, and Fin Form
plywood shall be available for this agreement.
8.5 Horizontal Wafer Rails
8.5.1 Standard horizontal waler rails shall be no less than 6" in width and have
equivalent section modules of 4.53 in. (3) or more
8.5.2 Rails shall be available in 8', 12', and 16' lengths.
8.5.3 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.
8.5.4 Approved accessories, ie: pumps, installation and removal tools, and Fin Form
plywood shall be available for this agreement.
8.6 Manhole Brace (MHB) Sub -Assemblies
8.6.1 MHB shall have four (4) way hydraulic supports, plus be able to fit rectangular and
square excavations.
8.6.2 MHB will have lifting eyes for installation and removal from above ground.
8.6.3 Hydraulic cylinders shall meet the same specifications outlined in section 8.4 of this
Invitation to Bid.
8.6.4 Standard MHB inner sleeve shall be 3" X 3" X 3/16" tube steel and have minimum
yield strength of 46 kilonewton/pounds per square inch (ksl).
8.6.5 Standard MHB over sleeve shall be 4" X 4" X 3/16" tube steel and have minimum
yield strength of 46 ksl. maximum expansion as provided by manufacturer.
8.6.6 Heavy-duty MBH inner sleeve shall be 5" X 5" X 3/16" tube steel and have yield
strength of 46 ksl.
8.6.7 Heavy-duty MHB over sleeve shall be 6" X 6° X 3/8" tube steel and have yield
strength of 46 ksl; Maximum expansion as provided by manufacturer.
8.6.8 Approved accessories, ie; pumps installation and removal tools, and Finn Form
plywood shall be available for this agreement.
8.7 Aluminum Hydraulic Shoring Shields
R—d 6.9.:2cc
ITB 22-0209 Shoring, Trenching & Shielding Equipment Rentals
Page 17 of 33
professional engineer.
8.8.5 Complete, certified engineering data shall be available for all trench boxes, and
Contractor shall be prepared to provide such data at the point of delivery upon
request.
8.9 Manguard Sleeve/Ring
8.9.1 Man Guard Rings shall be constructed of high strength corrugated steel walls with
rigid steel collars welded to top and bottom.
8.9.2 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.
8.9.3 Man Guard rings shall be available in all combinations of 4' and 8' heights and 6',
8'/z', and 10' diameters.
8.9.4 Complete certified engineering data shall be available for all Man Guard Rings, and
Contractor shall be prepared to provide such data and certification at the point of
delivery.
8.10 Steel Road Plates
8.10.1 The road plates will be structural carbon steel grade ASTM A36 or better with a
minimum safe working load of 8,000 lbs. with a thickness of 1" or greater as
necessary for safe site operations.
8.10.2 The lifting points shall be in proximity to the corners or at the plate ends. No center -
lift plates will be accepted.
8.10.3 Plates will be delivered to the job site unless specified otherwise.
9.0 LAWS, REGULATIONS. AND ORDINANCES
9.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations;
State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City:
laws, ordinances, and regulations for safety of people, environment, and property. This
includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations
and Commissions such as the Environmental Protection Agency (EPA), Occupational
Safety and Health Administration (OSHA), and the Texas Commission on Environmental
Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the
start of this Agreement, the Vendor is required to comply with new policy. Any mandates
requiring the City to comply with new guidelines will also require the Vendor to comply.
10.0 INVOICING REQUIREMENTS
10.1 The City of Fort Worth has begun implementing an automated invoicing system.
10.2 The Contractor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: supplierinvoices(a-).fortworthtexas aov. This email
address is not monitored so please do not send correspondence to this email address.
The sole purpose of the supplier invoices email address is to receipt and process supplier
invoices.
ITB 22-0209 Shoring, Trenching & Shielding Equipment Rentals Raised 6.9.27a
Page 19 of 33
EXHIBIT B
PRICE SCHEDULE
Vendor Services Agreement —Exhibit B (Rev.9.07.21) Page 11 of 13
FORT WORTH:,
�`1� BID SUBMISSION SIGNATURE PAGE
EventlD Page
CFW01-22-0209 3
Event Round Version
1 1
Event Name
ITB horing, Trenching & Shielding Equip. Rentals & Services
Start Time Finish Time
08 31 2022 07:00:00 CDT 09 22 2022 13,30:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by
submitting and signing below, acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference, and agrees to be bound by the terms
therein.
Legal Company Name: United Rentals (North America), Inc
Company Address: 3421 Avenue D
City, State, zip: Arl
Vendor Registration N
, TX 76011
1860933835701
Printed Name of Officer or Authorized Representative: Ethan Jimenez
Title: Branch Manager
Signature of Officer orAuthorized Representative:
Date: 9/19/22
Email Address: 9ovrents@ur.com
i
Phone Number: 877-874-4468
Federal Identification Number (FID): 86-0933835
Will agreement be available for Cooperative Agreement use'? Yes X No
(" See Section 22.0, "Cooperative Purchasing" of Part 1, "Instructi(Ts")
ITB 22-0209 Shoring, Trenching & Shielding Equipment Rentals
Page 2 of 33
FORT WORTH..
BID SOLICITATION
EventID Page
CFW01-22-0209 n
Event Round Version
1 1
Event Name
ITB Shorin Trenchin & Shieldin i Rentals & Services
Start Time Finish Time
08 31 2022 07:00,00 CDT 09 22 2022 13:30:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Description: Qty Unit UnitPrice Total
8X8 MANHOLE SHIELD DAILY RENTAL PRICE 75.00 DA
Line: 2
Description: QtV Unit UnitPrice Total
8X8 MANHOLE BOX DAILY RENTAL PRICE 75.00 DA
Line: 3
Description: Qty Unit UnitPrice Total
8X8 TRENCH BOX DAILY RENTAL PRICE 75.00 DA
DIY.9Z Gly
Line: 4
Description: Qtv Unit UnitPrice Total
10X10 TRENCH BOX DAILY RENTAL PRICE 75.00 DA
05Z--57-7j,
Line: 5
Description: Qtv Unit UnitPrice Total
10X12 TRENCH BOX DAILY RENTAL PRICE 75.00 DA
) /-? z - �,, -�; Ej��
Line: 6
Description: Qtv Unit UnitPrice Total
ROAD PLATES DAILY RENTAL PRICE 150.00 DA
30. 75-
Line: 7
Description: Qtv Unit UnitPrice Total
8X8 MANHOLE SHIELD WEEKLY RENTAL PRICE 85.00 WK
231- to 4H ael
Line: 8
Description: Qty Unit UnitPrice Total
8X8 MANHOLE BOX WEEKLY RENTAL PRICE 75.00 WK
It 2 'a. 25 /�of �
ITB 22-0209 Shoring, Trenching & Shielding Equipment Rentals
Page 3 of 33
FORT WORTH
BID SOLICITATION
EventlD Page
CFW01-22-0209
5
Event Round Version
1 1
Event Name
ITB Shoring,Trenching & Shielding Equip. Rentals & Services
Start Time Finish Time
08 31 2022 07:00:00 CDT 09 22 2022 13:30:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level. South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 9
Description: Qtv Unit UnitPrice Total
8X8 TRENCH BOX WEEKLY RENTAL PRICE 75.00 WK
41s-
Line: 10
Description:
Qtv
Unit
UnitPrice
Total
10X10 TRENCH BOX WEEKLY RENTAL PRICE
75.00
WK
Line: 11
Description:
Qty
Unit
UnitPrice
Total
1 OX12 TRENCH BOX WEEKLY RENTAL PRICE
75.00
WK
3Zy , z0 Zvi 6yc
Line: 12
Description: Qty Unit UnitPrice Total
ROAD PLATES WEEKLY RENTAL PRICE 75.00 WK
Line: 13
Description: Qtv Unit UnitPrice Total
8X8 MANHOLE SHIELD MONTHLY RENTAL PRICE 75.00 MO
sus I- 13X / y 6
Line: 14
Description: Qtv Unit UnitPrice Total
8X8 MANHOLE BOX MONTHLY RENTAL PRICE 75.00 MO
Line: 15
Description: Qty Unit UnitPrice Total
8X8 TRENCH BOX MONTHLY RENTAL PRICE 75.00 MO
1,65- YD I 52 k }, 5
Line: 16
Description: Qty Unit UnitPrice Total
10X10 TRENCH BOX MONTHLY RENTAL PRICE 75.00 MO
53:L5 �l3•�
Line: 17
Description: Qtv Unit UnitPrice Total
10X12 TRENCH BOX MONTHLY RENTAL PRICE 75.00 MO
ITB 22-0209 Shoring, Trenching & Shielding Equipment Rentals
Page 4 of 33
FORT WORTH
ir-
BID SOLICITATION
Event ID Page
CFW01-22-0209 6
Event Round Version
1 1
Event Name
ITB Shorin Trenchin & Shieldin E i Rentals &Services
Start Time Finish Time
08 31 2022 07:00:00 CDT 09 22 2022 13:30:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 18
Description: Qty Unit UnitPrice Total
ROAD PLATES MONTHLY RENTAL PRICE 75.00 MO
o,..,1 j (3 qi 1. �
Line: 19
Description:
DELIVERY AND/OR PICK-UP CHARGE, REGULAR
Qty
150.00
Unit
EA
UnitPrice
Total
HOURS 7:00 AM TO 4:00 PM
_
Line: 20
Description:
DELIVERY AND/OR PICK-UP CHARGE, AFTER HOURS
QtV
150.00
Unit
EA
UnitPrice
Total
4:01 PM TO 6:59 AM
Line: 21
Description:
SETUP FEE, IF REQUIRED
QtV
35.00
Unit
EA
UnitPrice
Total
Line: 22
J
3 j—Ll J
Description: Qty Unit UnitPrice Total
Total
Miscellaneous Parts, Materials and Equipment 1000.00 1JU
Cost plus %Markup. Quantity listed is the �
estimated annual cost. An example of the total
to be listed on this line item is $1000 + $100
(10% MARKUP) = $1100.
Total Bid Amount:lo
A bid of "0" will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that
item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Offer or does
not wish to bid on that item. Be advised, a "no bid" or no response may be considered as non -responsive and
may result in disqualification of this bid.
ITB 22-0209 Shoring, Trenching & Shielding Equipment Rentals
Page 5 of 33
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
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 arc 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.
1. Name:
Position:
Signature
2. Name:
Position:
�W
4 c����Z�
Signature
3. Name:
Position:
Q W
�G ZG
Signaturc
Name:
Si�(naturc of Pare ❑t KIA
Other Title: [irk"G`�'�tf-te�
Date:
Vendor Services Agreement — Exhibit C (Rc%-.4.07.21) Page 12 of 13
EXHIBIT D
INSURANCE
Vendor Services Agreement — Exhibit D (Rev.9.07.21) Page 13 of 13
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/29/22 M&C FILE NUMBER: M&C 22-0956
LOG NAME: 13PITB 22-0209 SHORING, TRENCHING & SHEILDING EQUIP RENTAL HO W
SUBJECT
(ALL) Authorize Execution of Non -Exclusive Agreements with National Trench Safety, Inc., and United Rentals (North America), Inc. for Shoring,
Trenching, and Shielding Equipment Rentals and Services in a Combined Annual Amount Up to $456,000.00 for the Water Department and
Authorize Four One -Year Renewal Options for the Same Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize non-exclusive agreements with National Trench Safety, Inc., and United Rentals (North America),
Inc. for shoring, trenching, and shielding equipment rentals and services in a combined annual amount up to $456,000.00 for the Water
Department and authorize four one-year renewal options for the same annual amount.
DISCUSSION:
The Water Department approached the Purchasing Division for assistance with securing an agreement for shoring, trenching, and shielding
equipment rentals and services on an as -needed basis. Under the proposed agreement, the vendor will provide shoring, trenching and shielding
equipment used to secure the sides of trenches dug to make repairs on water and sewer mains. Purchasing issued an Invitation to Bid (ITB) that
consisted of detailed specifications for the shoring, trenching, and shielding equipment requirements to provide a safe working environment for
water crews.
ITB 22-0209 was advertised in the Fort Worth Star -Telegram on August 31, 2022, September 7, 2022, September 14, 2022, and September 21,
2022. The City received two responses.
An evaluation panel consisting of representatives from Water and Transportation and Public Works Departments reviewed and scored the
submittals using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below_
Proposer
Evaluation
Factors
❑❑E
Ed.
❑F
� g. �
Score
National Trench Safety, Inc.
5
5.67
5
5
F75
�5
40
70.67
United Rentals (North
America), Inc_ ][5
33
5.33
5EE5
5.33
5+
75
59.74
Best Value Criteria
a. Contractor's qualifications
b. Contractor's experience
c. Contractor's references
d. Availability of resources (personnel)
e. Availability of resources (equipment)
f. Contractor's approach to performing services
q. Price
After evaluation, the panel concluded that National Trench Safety, Inc., and United Rentals (North America), Inc. present the best value and will
provide the necessary overage for the City. Therefore, the panel recommends that Council authorize agreements with National Trench Safety, 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 maximum combined annual amount allowed under this agreement will be $456,000.00, however, the actual amount used will be
based on the need of the department and the available budget. Funding is budgeted in the equipment lease account within Water
Department's Water & Sewer Operating 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's approval, this agreement shall begin upon execution and expire one year from that date.
Renewal Terms: The Agreement may be renewed for four 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.
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 funds are available in the current operating budget, as previously appropriated, in the Water and Sewer
Fund to support the approval of the above recommendation and execution of the agreements. Prior to any expenditure being incurred, the Water
Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Reginald Zeno 8517
Originating Business Unit Head:
Dana Burghdoff 8018
Reginald Zeno 8517
Chris Harder 5020
Additional Information Contact: Anthony Rousseau 8338
Heather Oakes 8354