Loading...
HomeMy WebLinkAboutContract 59638CSC No. 59638 VENDOR SERVICES AGREEMENT H&E Equipment Services, 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 H&E Equipment Services, 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 provide rental services of construction 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 One Hundred -Forty Thousand Dollars ($140,000.00). 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. 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 Vendor Services Agreement (Rev.9.07.21) Page 1 of 13 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 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) Page 2 of 13 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 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 OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOSTPROFITS)AND/OR PERSONAL INJURY, INCLUDING DEATH, TOANYAND 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 13 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 Assisnment. 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. SIB IL1f.YI17\0" 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. 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 13 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: "CfTAWL1161 City of Fort Worth H&E Equipment, Inc. Attn: Dana Burghdoff, Assistant City Manager Toby Hawkins, Director of Government Rentals 200 Texas Street and Sales Fort Worth, TX 76102-6314 12997 N. Fwy Fort Worth, Texas 76177 Facsimile: (817) 392-8654 Facsimile: N/A 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. Vendor Services Agreement (Rev.9.07.21) Page 5 of 13 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 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be Vendor Services Agreement (Rev.9.07.21) Page 6 of 13 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 13 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: bayc� 8cu�Lcf% Dana Burghdoff ( n 21, 20110:13 CDT) By: Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: Chn f�ovhe;- tAw(e;- By: Christopher Hinder (Jun 16, 202309:43 CDT) Name: Chris Harder, P.E. Title: Director, Water Dept. ATTEST: g o! FOR. �o a° �� o9�do Pv= ^=a P°a* 4 ntz9sd4 By: Name: Jannette S. Goodall Title: City Secretary APPROVED AS TO FORM AND LEGALITY age, i By: DBlack (Jun 20, 202319:33 CDT) Name: Doug Black Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0452 DATE: 6/13/2023 1295:2023-1023180 VENDOR: B N m :Toby Hawkins 1tle: Director of Government Rentals and Sales Date: 6-14-2023 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. Name: Regin ones Title: Contract Compliance Specialist OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement (Rev.9.07.21) Page 9 of 13 EXHIBIT A SCOPE OF SERVICES Vendor Services Agreement — Exhibit A (Rev.9.07.21) Page 10 of 13 1.0 2.0 PART 2 SCOPE OF SERVICES/SPECIFICATIONS SCOPE 1.1 The City of Fort Worth (City) seeks bids to establish a non-exclusive annual agreement for the rental of construction equipment for the Water Department only on an "as needed" basis. Prospective 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"P Vendor." 1.2 This Agreement shall begin on the date the City Secretary Contract is executed by the Assistant City Manager ("Effective Date") and shall expire one year from that date, ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall automatically 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 30 calendar days after providing written notification to the Contractor / Vendor. 1.3 Unit prices shall include all costs associated with the goods and services, including but not limited to shipping, handling, fuel charges, fees and certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 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 offered and price sheet provided with the bid. 1.5 Any specifications/requirements 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. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. TENTATIVE SCHEDULE OF EVENTS TASK ITB Release Date Pre -Bid Conference Deadline for Questions Answers Posted ITB Responses Due Date Recommended Vendor Selection Mayor and Council Consideration DATE March 7, 2023 March 15, 2023 at 1 PM (Local Time) March 17, 2023 at 5PM (Local Time) March 22, 2023 March 30, 2023 AT 1:30 p.m. (Local Time) April 2023 May 2023 ITB 23-0040 Rental of Construction Equipment Page 4 of 33 Contract Execution I June 2023 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 3.1 The Vendor shall notify the City's Senior 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 (2) years of experience providing industrial construction equipment for rental within the last five years. 4.1.2 Demonstrate to the City's satisfaction that the non -manufacturing Contractor is an authorized/franchised distributor licensed to conduct business in the state of Texas. 4.1.3 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone from 8:00am — 5:00pm, Monday- Friday. 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 Part 2, Section 4.0. 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 35 points 5.3.1.1 Will be evaluated using: Price Submittal 5.3.2 Contractor's experience — up to 20 points 5.3.2.1 Will be evaluated using: Attachment E — Bidder Qualification Questionnaire, Attachment D — Reference Sheet, and feedback provided by references 5.3.3 Contractor's ability to perform services in a timely manner — up to 25 points 5.3.3.1 Will be evaluated using: Attachment E — Bidder Qualification Questionnaire, Attachment D — Reference Sheet, and feedback provided by references ITB 23-0040 Rental of Construction Equipment Page 5 of 33 5.3.4 Extent to which the services meet the City's needs (availability of equipment, possesses proper warranties and insurances, etc.) — up to 20 points 5.3.4.1 Will be evaluated using: Document specified in 14.2.3 and Attachment E — Bidder Qualification Questionnaire 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. 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 If Attachment B, Consideration of Location of Bidder's Principal Place of Business, is completed by any Bidder, the City will review the Attachment to determine whether Local Preference will apply to the award. 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. 6.0 EQUIPMENT SPECIFICATIONS 6.1 The equipment listed on the Price Submittal pages may vary slightly depending on the manufacturer of the equipment. 6.2 Equipment may be rented on an as needed daily, weekly or monthly basis. 6.3 No purchase of equipment will be made upon expiration of any rental or lease. 6.4 The equipment shall be new or like new, inspected and certified, the latest and current model in production, and is five years old or less. 6.5 Additionally, products must conform to the highest standards of manufacturing practice, including, for all tangible goods included in this proposal, containers suitable for shipment and storage. Unless otherwise specified, "factory seconds," "refurbished", or otherwise inferior items are not acceptable. 6.6 All equipment shall comply with applicable industry standards. 6.7 The City is not responsible for any items provided by the Vendor that are damaged or lost on site. No additional charges will be accepted or paid by the City. 6.8 Equipment listed below is what the City expects to rent or lease but is not limited to: 6.8.1 Category 1 Equipment 6.8.1.1 Light Duty Lawn Equipment 6.8.1.1.1 Commercial grade chainsaw, trimmer, push mower and blowers. 6.8.1.2 Extra Light Duty Agricultural Equipment 6.8.1.2.1 01 to 25 HP tractor with comparable mower, tiller, aerator and etc. ITB 23-0040 Rental of Construction Equipment Page 6 of 33 6.8.2 Category 2 Equipment 6.8.2.1 Light Duty Tool & Equipment 6.8.2.1.1 Chop saws, pneumatic breakers, rock drills, augers, generators, pneumatic grinders, blowers, trash pumps, sewer rodding machines and etc. 6.8.2.2 Light Duty Agricultural Equipment 6.8.2.2.1 26 to 50 HP tractors with mower, brush hog and attachments. 6.8.3 Category 3 Equipment 6.8.3.1 Extra Light Duty Industrial Equipment 6.8.3.1.1 01 to 25 HP Generators, mini hydraulic excavators, small forklifts, walk -behind multi terrain/skid steer loaders, soil compactors, walk -behind trenchers, walk- behind saws and etc. 6.8.3.2 Regular Duty Agricultural Equipment 6.8.3.2.1 51 to 75 HP tractor 4X4 with mower, brush hog and attachments. 6.8.4 Category 4 Equipment 6.8.4.1 Light Duty Industrial Equipment 6.8.4.1.1 26 to 51 HP Generators, asphalt compactors, mini excavators, Forklifts, Multi Terrain/Skid Steer Loaders, Soil Compactors and etc. 6.8.4.2 Medium Duty Agricultural Equipment 6.8.4.2.1 76 to 100+ HP tractor 4X4 with mower, brush hog and attachments. 6.8.5 Category 5 Equipment 6.8.5.1 Regular Duty Industrial Equipment 6.8.5.1.1 51 to 75 HP Generators, asphalt compactors, backhoes excavators, forklifts, multi terrain/skid steer loaders, soil compactors, track loaders, wheel loaders, dozers and etc. 6.8.5.2 Heavy Duty Agricultural Equipment 6.8.5.2.1 101 to 120 HP tractor 4X4 with mower, brush hog and attachments. 6.8.6 Category 6 Equipment 6.8.6.1 Medium Duty Industrial Equipment 6.8.6.1.1 76 to 100 HP Generators asphalt compactors, backhoes, excavators, forklifts, graders, multi terrain/skid steer loaders, soil compactors, telehandlers, track loaders, trenchers, wheel loaders, dozers and etc. 6.8.6.2 Extra Heavy -Duty Agricultural Equipment 6.8.6.2.1 121 to 125+ HP tractor 4X4 with mower, brush hog and attachments. 6.8.7 Category 7 Equipment 6.8.7.1 Heavy Duty Industrial Equipment ITB 23-0040 Rental of Construction Equipment Page 7 of 33 6.8.7.1.1 101 to 125 HP Generators asphalt compactors, backhoes, excavators, forklifts, graders, multi terrain/skid steer loaders, soil compactors, telehandlers, track loaders, trenchers, wheel loaders, dozers and etc. 6.8.8 Category 8 Equipment 6.8.8.1 Extra Heavy -Duty Industrial Equipment 6.8.8.1.1 126 to 150+ Generators asphalt compactors, backhoes, excavators, forklifts, graders, multi terrain/skid steer loaders, soil compactors, telehandlers, track loaders, trenchers, wheel loaders, dozers and etc. 6.8.9 Unlisted Equipment 6.8.9.1 Unlisted Agricultural and Industrial Equipment 6.8.9.1.1 Any equipment not specified above shall have the specifications provided to the City for review and approval. 6.9 Subsidiary Items: 6.9.1 Mobilization 6.9.1.1 Mobilization is defined as activation of a contractor's physical and manpower resources for transfer to a construction site. 6.9.1.2 Work associated with this Item is considered subsidiary to the various item bid. No separate payment will be allowed for this Item. 6.9.2 Emergency/After Hours 6.9.2.1 Emergency/After-hours hours shall be 5:01 PM to 7:59 AM, Monday through Friday, and all -day Saturday and Sunday. 6.9.2.2 Work associated with this Item is considered subsidiary to the various item bid. No separate payment will be allowed for this Item. 7.0 CONTRACTOR'S RESPONSIBILITIES 7.1 The Contractor shall- 7.1.1 Maintain all construction equipment in compliance with the manufacturer's recommendations. 7.1.2 Ensure that the equipment is working within the manufacturer's guidelines before every delivery to a jobsite. This service shall be provided at no additional cost to the City. 7.1.3 Supply the City an invoice per each call out. The invoice shall include the Department's work order number, location, quantity, model of equipment, and number of days on site before call for pickup. 7.1.4 Provide proof of Product Liability Insurance to the City for the piece(s) of equipment rented, upon request. 7.1.5 Provide proof of a Warranty Agreement to the City for the piece(s) of equipment rented, upon request. ITB 23-0040 Rental of Construction Equipment Page 8 of 33 8.0 WARRANTY 8.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 8.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Contractor or any supplier at any tier. 8.1.2 Contractor agrees to repair or replace promptly, on a one -for -one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines "prompt" repair or replacement to be within twenty- four (24) hours after notification by authorized City personnel. 8.1.3 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City. 8.1.4 The Contractor shall remedy at the Contractor's expense any non -conforming or defective products or work. In addition, the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth, when that damage is the result of a defect of products furnished. 8.1.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 8.1.6 The City of Fort Worth shall notify the Contractor, within a reasonable time after the discovery of any failure, defect, or damage. 8.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 8.1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 8.1.9 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: 8.1.9.1 Obtain all warranties that would be obtained in normal commercial practice; 8.1.9.2 Enforce all warranties for the benefit of the City of Fort Worth. 9.0 DELIVERY AND PICKUP OF EQUIPMENT 9.1 The Contractor shall be responsible for delivery and pickup of all rented and leased construction equipment to and from various City Department locations and jobsites, unless otherwise specified by the City. 9.2 Delivery shall be F.O.B. (Free on Board) Destination and all other delivery charges shall be included in the unit price. The City personnel placing the order will provide delivery and ITB 23-0040 Rental of Construction Equipment Page 9 of 33 billing information. No additional charges for expenses, freight, mileage, time, or similar items will be accepted or paid by the City. 9.3 There may be instances when the Contractor may be asked to accelerate delivery of an order(s) due to extenuating circumstances. When this occurs, the Contractor shall provide this service at no additional cost. 9.4 The Contractor shall respond to a request for emergency rental equipment within an hour and get to the jobsite as soon as possible. 9.5 In the event the Contractor is unable to meet the original delivery date(s), the City shall be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be legal grounds for canceling an order(s), or the entire Agreement. 9.6 Delivery tickets shall include the City's Purchase Order Number. 9.7 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to the City. If the item (s) are not picked up within one (1) week after notification, the item shall become a donation to the City for disposition. 9.8 The Contractor shall respond to rental equipment pick up request within two (2) hours and provide a request confirmation. The City will not pay for any additional rental costs beyond when the Contractor has been notified for pick up. 9.9 Delivery and pick-up locations will be at various job site locations throughout the City of Fort Worth, depending on where work is being performed. The address to these locations shall be provided to the Contractor by the ordering Department at least 24-hours in advance, whenever possible. 9.10 The Contractor shall deliver the product(s) ordered within a maximum of 5 business days after receipt of a purchase order. 9.11 Deliveries shall be made to various sites Monday — Friday from 8am-5pm following receipt of the purchase order unless an emergency exists. 10.0 LAWS. REGULATIONS. AND ORDINANCES 10.1 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. 11.0 INVOICING REQUIREMENTS 11.1 The City of Fort Worth operates an automated invoicing system (AIM). 11.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices(a�-fortworthtexas.gov. 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 23-0040 Rental of Construction Equipment Page 10 of 33 11.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013- 0000001234) 11.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: • All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI (dots per inch). • Invoices must be sent as an attachment (i.e. no invoice in the body of the email). • One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. • Please do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. • The invoice must contain the following information: • Supplier Name and Address; • Remit to Supplier Name and Address, if different; • Applicable City Department business unit# (i.e. FW013) • Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); • Invoice number; • Invoice date; and • Invoices should be submitted after delivery of the goods or services. 11.5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to sugglierinvoices(cbfortworthtexas.aov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPavable(a�fortworthtexas.aov. 11.6 If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 11.7 If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 The City's goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392- 2451 or by email to ZZ FIN AccountsPavable(a)fortworthtexas.00v. 11.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 12.0 UNIT PRICE ADJUSTMENT 12.1 Vendor may request a Price Adjustment based on Price Adjustment Verification up to one time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or downward, from the established contract price that is supported by demonstrated Price Adjustment Justification. A request for a Price Adjustment must be initiated by the Vendor. ITB 23-0040 Rental of Construction Equipment Page 11 of 33 Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the sole discretion of the City to determine whether an adjustment is necessary and/or acceptable. 12.2 Quarterly means the City's Fiscal year quarters, being each of the three (3) month periods the first of which begins October 1. Quarter (Q) 1: October 1 — December 31; Q2: Jan 1 — March 31; Q3P: April 1 — June 30; Q4: July 1 — September 30. 12.3 Price Adjustment Justification means documentation supporting a requested Price Adjustment and showing an objectively verifiable basis for a change in price due to the documented impact of economic conditions on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. 12.4 The Vendor must submit its Price Adjustment request, in writing, at least 60 days before the effective period (1 st day of a new quarter). The Vendor must provide all Price Adjustment Justification, as defined above, at the time of its request for a Price Adjustment. 12.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price Adjustment Justification, the City reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 12.6 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the City to re -bid an Agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at the prior Agreement rate(s). Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 12.7 Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day prior written notice to the Purchasing Manager. 12.8 Only Published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence. 12.9 To submit a quarterly unit price adjustment request, email the proposed revised line item pricing and justification for the price change to FMSPurchasinciResponses(a)fortworthtexas.ciov. 12.9.1 Emails must include "Quarterly Unit Price Adjustment Request" and the bid number on the subject line to be considered. For example: "Quarterly Unit Price Adjustment Request- Bid No. 23-0040." ATTACHMENT H PRICE SUBMITTAL Attachment H is attached as a separate Microsoft Excel Worksheet. ITB 23-0040 Rental of Construction Equipment Page 12 of 33 EXHIBIT B PRICE SCHEDULE Vendor Services Agreement — Exhibit B (Rev.9.07.21) Page 11 of 13 FORT WORTH. BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-23-0040 2 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing Rental of Construction Equipment 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 03/07/2023 08:00:00 CST 03/30/2023 13:30:00 CDT 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: H&E Equipment Services, Inc. Company Address: Local:12997 N Fwv Fort Worth TX 76177 City, State, Zip: HQ: 7500 Pecue Ln., Baton Rouge, LA 70809 Vendor Registration No. 0000006884 Printed Name of Officer or Authorized Representative: Toby Hawkins Title: Director of Government Rentals and Sales Signature of Officer or Authorized Representative: Date: 3/20/2023 J Email Address: qovsales@he-equipment.com Phone Number: 801-450-1095 Federal Identification Number (FID): 81-0553291 Will agreement be available for Cooperative Agreement use? Yes X No ITB 23-0040 Rental of Construction Equipment Page 2 of 33 Attachment H - Price Submittal Line # Description UOM Qty Unit Price Total Price 1 Equipment Rental, 14" METAL CHOP SAW MO 12 616 7390 2 Equipment Rental, 14" METAL CHOP SAW WK 1 505 505 3 Equipment Rental, 14" METAL CHOP SAW DA 1 327 327 4 Equipment Rental, 65 LB AIR HAMMER MO 12 449 5299 5 Equipment Rental, 65 LB AIR HAMMER WK 1 412 412 6 Equipment Rental, 65 LB AIR HAMMER DA 1 310 310 7 Equipment Rental, 15 LB AIR ROCK DRILL MO 12 No Bid No Bid 8 Equipment Rental, 15 LB AIR ROCK DRILL WK 1 No Bid No Bid 9 Equipment Rental, 15 LB AIR ROCK DRILL DA 1 No Bid No Bid 10 Equipment Rental, POST HOLE AUGER 2 MAN 5.5 HP MO 12 No Bid No Bid 11 Equipment Rental, POST HOLE AUGER 2 MAN 5.5 HP WK 1 No Bid No Bid 12 Equipment Rental, POST HOLE AUGER 2 MAN 5.5 HP DA 1 No Bid No Bid 13 Equipment Rental, 5000 WATT GENERATOR MO 12 591 7084 14 Equipment Rental, 5000 WATT GENERATOR WK 1 497 497 15 Equipment Rental, 5000 WATT GENERATOR DA 1 331 331 16 Equipment Rental, 9"AIR WHEEL GRINDER MO 12 No Bid No Bid 17 Equipment Rental, 9"AIR WHEEL GRINDER WK 1 No Bid No Bid 18 Equipment Rental, 9"AIR WHEEL GRINDER DA 1 No Bid No Bid 19 Equipment Rental, BACK PACK BLOWER MO 12 No Bid No Bid 20 Equipment Rental, BACK PACK BLOWER WK 1 No Bid No Bid 21 Equipment Rental, BACK PACK BLOWER DA 1 No Bid No Bid 22 Equipment Rental, 2" GAS TRASH PUMP MO 12 540 6472 23 Equipment Rental, 2" GAS TRASH PUMP WK 1 484 484 24 Equipment Rental, 2" GAS TRASH PUMP DA 1 331 331 25 Equipment Rental, MEDIUM EEL SEWER SNAKE MO 12 No Bid No Bid 26 Equipment Rental, MEDIUM EEL SEWER SNAKE WK 1 No Bid No Bid 27 Equipment Rental, MEDIUM EEL SEWER SNAKE DA 1 No Bid No Bid 28 Equipment Rental, 36 KW DIESEL GENERATOR MO 12 1186 14224 29 Equipment Rental, 36 KW DIESEL GENERATOR WK 1 747 747 30 Equipment Rental, 36 KW DIESEL GENERATOR DA 1 531 531 31 Equipment Rental, 3,500 LB MINI EXCAVATOR MO 12 1704 20321 32 Equipment Rental, 3,500 LB MINI EXCAVATOR WK 1 924 924 33 Equipment Rental, 3,500 LB MINI EXCAVATOR DA 1 418 418 34 Equipment Rental, 3000 LB IND FORKLIFT GAS/PROPANE MO 12 1249 14864 35 Equipment Rental, 3000 LB IND FORKLIFT GAS/PROPANE WK 1 690 690 36 Equipment Rental, 3000 LB IND FORKLIFT GAS/PROPANE DA 1 358 358 37 Equipment Rental, 500 LB DSL TRACK MINI SKIDSTEER MO 12 2087 24911 38 Equipment Rental, 500 LB DSL TRACK MINI SKIDSTEER WK 1 771 771 39 Equipment Rental, 500 LB DSL TRACK MINI SKIDSTEER DA 1 350 350 40 Equipment Rental, JUMPING JACK TAMPER 160-175 LB CLASS MO 12 595 7138 41 Equipment Rental, JUMPING JACK TAMPER 160-175 LB CLASS WK 1 397 397 42 Equipment Rental, JUMPING JACK TAMPER 160-175 LB CLASS DA 1 236 236 43 Equipment Rental, 36" WALK BEHIND TRENCHER MO 12 1511 18128 44 Equipment Rental, 36" WALK BEHIND TRENCHER WK 1 814 814 45 Equipment Rental, 36" WALK BEHIND TRENCHER DA 1 350 350 46 Equipment Rental, 35 HP-48HP FLOOR SAW DIESEL MO 12 No Bid No Bid 47 Equipment Rental, 35 HP-48HP FLOOR SAW DIESEL WK 1 No Bid No Bid 48 Equipment Rental, 35 HP-48HP FLOOR SAW DIESEL DA 1 No Bid No Bid 49 Equipment Rental, 36" DOUBLE DRUM RIDE- ON ROLLER MO 12 1853 22231 50 Equipment Rental, 36" DOUBLE DRUM RIDE- ON ROLLER WK 1 1347 1347 51 Equipment Rental, 36" DOUBLE DRUM RIDE- ON ROLLER DA 1 577 577 52 Equipment Rental, 6,000 LB IND FORKLIFT GAS/PROPANE MO 12 No Bid No Bid 53 Equipment Rental, 6,000 LB IND FORKLIFT GAS/PROPANE WK 1 No Bid No Bid 54 Equipment Rental, 6,000 LB IND FORKLIFT GAS/PROPANE DA 1 No Bid No Bid 55 Equipment Rental, 1500 LB SKIDSTEER MO 12 1768 21214 56 Equipment Rental, 1500 LB SKIDSTEER WK 1 990 990 57 Equipment Rental, 1500 LB SKIDSTEER DA 1 484 484 58 Equipment Rental, PLATE TAMPER 200 LB CLASS 19.5" WIDE MO 12 627 7520 59 Equipment Rental, PLATE TAMPER 200 LB CLASS 19.5" WIDE WK 1 401 401 60 Equipment Rental, PLATE TAMPER 200 LB CLASS 19.5" WIDE DA 1 240 240 Delivery and Pickup is included in each Unit Price, so depending on the length of rental, you will only be charged once! For example, if you rent a unit for two days, or two weeks,etc. You will only be charged once for Delivery and Pickup. Single Shift Single Shift Single Shift Line # Description UOM Qty Unit Price Total Price 61 Equipment Rental, 56 KW DIESEL GENERATOR MO 12 1479 17745 62 Equipment Rental, 56 KW DIESEL GENERATOR WK 1 947 947 63 Equipment Rental, 56 KW DIESEL GENERATOR DA 1 484 484 64 Equipment Rental, 36" DOUBLE DRUM RIDE ON ROLLER MO 12 1853 22231 65 Equipment Rental, 36" DOUBLE DRUM RIDE ON ROLLER WK 1 1347 1347 66 Equipment Rental, 36" DOUBLE DRUM RIDE ON ROLLER DA 1 577 577 67 Equipment Rental, 2 WD STANDARD BACKHOE CANOPY MO 12 No Bid No Bid 68 Equipment Rental, 2 WD STANDARD BACKHOE CANOPY WK 1 No Bid No Bid 69 Equipment Rental, 2 WD STANDARD BACKHOE CANOPY DA 1 No Bid No Bid 70 Equipment Rental, 7,500 LB MINI EXCAVATOR MO 12 1908 22894 71 Equipment Rental, 7,500 LB MINI EXCAVATOR WK 1 1079 1079 72 Equipment Rental, 7,500 LB MINI EXCAVATOR DA 1 569 569 73 Equipment Rental, 5000 LB IND FORKLIFT GAS/PROPANE MO 12 1237 14836 74 Equipment Rental, 5000 LB IND FORKLIFT GAS/PROPANE WK 1 828 828 75 Equipment Rental, 5000 LB IND FORKLIFT GAS/PROPANE DA 1 484 484 76 Equipment Rental,1750 LB SKIDSTEER MO 12 2163 25954 77 Equipment Rental,1750 LB SKIDSTEER WK 1 1202 1202 78 Equipment Rental,1750 LB SKIDSTEER DA 1 603 603 79 Equipment Rental, 47" DOUBLE DRUM RIDE - ON ROLLER DIESEL MO 12 No Bid No Bid 80 Equipment Rental, 47" DOUBLE DRUM RIDE - ON ROLLER DIESEL WK 1 No Bid No Bid 81 Equipment Rental, 47" DOUBLE DRUM RIDE - ON ROLLER DIESEL DA 1 No Bid No Bid 82 Equipment Rental,1900 LB TRACK SKIDSTEER MO 12 2282 27382 83 Equipment Rental,1900 LB TRACK SKIDSTEER WK 1 1262 1262 84 Equipment Rental,1900 LB TRACK SKIDSTEER DA 1 611 611 85 Equipment Rental, 2-3/4 - 3 YD ARTIC LOADER MO 12 4700 56396 86 Equipment Rental, 2-3/4 - 3 YD ARTIC LOADER WK 1 2523 2523 87 Equipment Rental, 2-3/4 - 3 YD ARTIC LOADER DA 1 1231 1231 88 Equipment Rental, 70-79HP CRAWLER DOZER MO 12 4156 49873 89 Equipment Rental, 70-79HP CRAWLER DOZER WK 1 1814 1814 90 Equipment Rental, 70-79HP CRAWLER DOZER DA 1 854 854 91 Equipment Rental, 100 KW DIESEL GENERATOR MO 12 2898 34777 92 Equipment Rental, 100 KW DIESEL GENERATOR WK 1 1385 1385 93 Equipment Rental, 100 KW DIESEL GENERATOR DA 1 701 701 94 Equipment Rental, 47" DOUBLE DRUM RIDE- ON ROLLER DIESEL MO 12 No Bid No Bid 95 Equipment Rental, 47" DOUBLE DRUM RIDE- ON ROLLER DIESEL WK 1 No Bid No Bid 96 Equipment Rental, 47" DOUBLE DRUM RIDE- ON ROLLER DIESEL DA 1 No Bid No Bid 97 Equipment Rental, 9,500 LB MINI EXCAVATOR MO 12 2503 30034 98 Equipment Rental, 9,500 LB MINI EXCAVATOR WK 1 1529 1529 99 Equipment Rental, 9,500 LB MINI EXCAVATOR DA 1 641 641 100 Equipment Rental, 10 K IND FORKLIFT GAS/PROPANE MO 12 No Bid No Bid 101 Equipment Rental, 10 K IND FORKLIFT GAS/PROPANE WK 1 No Bid No Bid 102 Equipment Rental, 10 K IND FORKLIFT GAS/PROPANE DA 1 No Bid No Bid 103 Equipment Rental, LOADER LANDSCAPER 4WD TRACTOR MO 12 No Bid No Bid 104 Equipment Rental, LOADER LANDSCAPER 4WD TRACTOR WK 1 No Bid No Bid 105 Equipment Rental, LOADER LANDSCAPER 4WD TRACTOR DA 1 No Bid No Bid 106 Equipment Rental, 2500 LB TRACK SKIDSTEER MO 12 2282 27382 107 Equipment Rental, 2500 LB TRACK SKIDSTEER WK 1 1257 1257 108 Equipment Rental, 2500 LB TRACK SKIDSTEER DA 1 645 645 109 Equipment Rental, 6000 LB 36' SHOOTING BOOM FORKLIFT MO 12 2248 26974 110 Equipment Rental, 6000 LB 36' SHOOTING BOOM FORKLIFT WK 1 1321 1321 111 Equipment Rental, 6000 LB 36' SHOOTING BOOM FORKLIFT DA 1 671 671 112 Equipment Rental, RIDE ON TRENCHER 35 HP-49 HP MO 12 2401 28810 113 Equipment Rental, RIDE ON TRENCHER 35 HP-49 HP WK 1 1351 1351 114 Equipment Rental, RIDE ON TRENCHER 35 HP-49 HP DA 1 603 603 115 Equipment Rental, 2-3/4-3 YD ARTIC LOADER MO 12 8240 98879 116 Equipment Rental, 2-3/4-3 YD ARTIC LOADER WK 1 3964 3964 117 Equipment Rental, 2-3/4-3 YD ARTIC LOADER DA 1 1614 1614 GRAND TOTAL $701,304.00 Single Shift Single Shift Single Shift Single Shift Single Shift Single Shift • EQUIPMENT � $ERVICES. Proposed Rental Rates for the City of Fort Worth - Supplemental Equipment Offering Product Type Daily Weekly 12 Months Articulating Boom 30-35' w/Jib Electric $ 586 $ 1,066 $ 20,854 Articulating Boom 30-35' w/Jib Diesel $ 582 $ 1,066 $ 20,854 Articulating Boom 40-45' Electric $ 628 $ 1,168 $ 21,976 Articulating Boom 40-45' w/Jib Electric $ 645 $ 1,287 $ 22,996 Articulating Boom 40-45' Diesel $ 637 $ 1,223 $ 21,823 Articulating Boom 40-45' w/Jib Diesel $ 645 $ 1,236 $ 22,690 Articulating Boom 60-66' w/Jib Electric $ 735 $ 1,393 $ 31,156 Articulating Boom 60-66' w/Jib Diesel $ 713 $ 1,427 $ 28,045 Articulating Boom 80-85' w/Jib Diesel $ 1,096 $ 2,354 $ 50,026 Articulating Boom 120-125' w/Jib Diesel $ 1,835 $ 3,850 $ 96,997 Articulating Boom 135' w/Jib Diesel $ 2,086 $ 5,244 $ 120,865 Straight Boom 40-45' Diesel $ 599 $ 1,138 $ 21,619 Straight Boom 40-45' w/Jib Diesel $ 620 $ 1,151 $ 22,180 Straight Boom 60-66' Diesel $ 726 $ 1,436 $ 28,606 Straight Boom 60-66' w/Jib Diesel $ 739 $ 1,461 $ 29,728 Straight Boom Crawler 60-66' w/Jib Diesl $ 909 $ 1,908 $ 45,334 Straight Boom 80-85' Diesel $ 1,058 $ 2,294 $ 46,660 Straight Boom 80-85' w/Jib Diesel $ 1,083 $ 2,337 $ 47,680 Straight Boom 86-99' w/Jib Diesel $ 1,189 $ 2,282 $ 48,445 Straight Boom 120-125' w/Jib Diesel $ 1,750 $ 3,778 $ 95,977 Straight Boom 135' Diesel $ 2,001 $ 5,167 $ 120,406 ITelehandler 5K# $ 603 $ 1,198 $ 23,404 ITelehandler 6K# 30' Reach $ 671 $ 1,321 $ 26,974 ITelehandler 6K# 40' Reach $ 688 $ 1,342 $ 27,535 ITelehandler 8K# $ 803 $ 1,453 $ 30,238 ITelehandler 9K# $ 824 $ 1,487 $ 31,870 ITelehandler 10K# 40' Reach $ 905 $ 1,874 $ 41,560 ITelehandler 10K# 50' Reach $ 922 $ 1,937 $ 42,172 ITelehandler 12K# 40' Reach $ 917 $ 2,124 $ 48,598 ITelehandler 12K# 50' Reach $ 964 $ 2,286 $ 49,414 ITelehandlerJib/Trussboom $ 331 $ 420 $ 4,483 Run About 12' Electric $ 395 $ 531 $ 4,891 Run About 15' Electric $ 429 $ 582 $ 5,860 Run About 20' Electric $ 441 $ 611 $ 5,860 Run About 24.1'-26' Electric Jib $ 543 $ 1,087 $ 19,579 IScissorlift 0-19' 30-39" Electric $ 401 $ 560 $ 5,605 IScissorlift 24.1-26' 30-39" Electric $ 441 $ 616 $ 8,053 IScissorlift 24.1-26' 40-49" Electric $ 441 $ 616 $ 8,053 IScissorlift 26.1-35' 30-39" Electric $ 471 $ 739 $ 10,501 IScissorlift 26.1-35' 40-49" Electric $ 488 $ 735 $ 10,501 IScissorlift 26.1-35' 60-69" Electric $ 467 $ 735 $ 12,541 IScissorlift 35.1-45' 40-49" Electric $ 543 $ 930 $ 16,264 IScissorlift 35.1-45' 60-69" Electric $ 565 $ 977 $ 17,335 IScissorlift 24.1-26' RT 60-69" Dual $ 501 $ 828 $ 13,051 IScissorlift 35.1-45' 50-59" Electric $ 607 $ 1,053 $ 20,803 IScissorlift 24.1-26' RT 60-69" Diesel $ 522 $ 828 $ 13,153 IScissorlift 26.1-35' RT 60-69" Diesel $ 543 $ 849 $ 13,714 IScissorlift 26.1-35' RT 60-69" Dual $ 543 $ 849 $ 13,714 IScissorlift 26.1-35' RT 70-79" Diesel $ 505 $ 896 $ 15,754 IScissorlift 35.1-45' RT 60-69" DLFL $ 565 $ 977 $ 18,559 Delivery and Pickup is included in each Unit Price, so depending on the length of rental, you will only be charged once! For example, if you rent a unit for two days, or two weeks,etc. You will only be charged once for Delivery and Pickup. Monthly Rental Rate can be determined by dividing 12-Months Rate by 12 Product Type Daily Weekly 12 Months IScissorlift 35.1-45' RT 70-79" Diesel $ 556 $ 947 $ 16,774 IScissorlift 35.1-45' RT 80-89" Diesel $ 582 $ 964 $ 17,080 IScissorlift 35.1-45' RT 90-99" Diesel $ 590 $ 968 $ 17,335 IScissorlift 35.1-45' RT 80-89" Dual $ 582 $ 964 $ 17,080 IScissorlift 35.1-45' RT 90-99" Dual $ 590 $ 968 $ 17,335 IScissorlift 45.1'+ RT 90-99" Diesel $ 675 $ 1,249 $ 24,169 Trailer Mounted Boom 34' Electric $ 573 $ 1,151 $ 25,291 Trailer Mounted Boom 50' Electric $ 594 $ 1,215 $ 27,025 Trailer Mounted Boom 50' Gas $ 594 $ 1,385 $ 27,025 Compaction Jump Jack $ 361 $ 522 $ 7,135 Compaction Plate Compactor $ 365 $ 526 $ 7,645 Compaction Plate Comp Rev 0-4999# $ 352 $ 611 $ 9,175 Trench Roller Articulated $ 552 $ 1,083 $ 23,047 Asphalt Roller 36" $ 577 $ 1,347 $ 22,231 jAsphalt Roller 48" $ 586 $ 1,364 $ 30,238 Pad Drum Roller48" $ 586 $ 1,364 $ 30,238 Compaction Roller Smooth 40-49" $ 565 $ 1,189 $ 25,138 Pad Drum Roller54" $ 692 $ 1,440 $ 35,338 Smooth Drum Roller 54" $ 692 $ 1,440 $ 35,338 1Pad Drum Roller66" $ 769 $ 1,593 $ 43,702 Smooth Drum Roller 66" $ 769 $ 1,593 $ 43,702 1Pad Drum Roller84" $ 837 $ 2,124 $ 52,015 Smooth Drum Roller 84" $ 837 $ 2,124 $ 52,015 �Dozer Stanclarc170-79ROPS $ 773 $ 1,687 $ 40,540 Dozer LGP70-79 ROPS $ 854 $ 1,814 $ 49,873 Dozer LGP 80-89 C/A $ 862 $ 1,831 $ 51,352 Dozer LGP 100-129 ROPS $ 981 $ 2,120 $ 59,665 Dozer Std 90-99 C/A $ 837 $ 2,226 $ 58,900 Dozer LGP 100-129 C/A $ 1,007 $ 2,154 $ 60,170 Dozer LGP 100-129 ROPS Ripper $ 968 $ 2,311 $ 64,867 Dozer Std 100-129 C/A Ripper $ 1,036 $ 2,243 $ 61,445 Dozer LGP 130-149 C/A $ 1,405 $ 3,029 $ 76,439 Dozer Std 150-179 C/A $ 1,206 $ 3,421 $ 91,336 Dozer LGP 150-179 C/A $ 1,559 $ 3,535 $ 102,862 Dozer LGP 150-179 C/A Winch $ 1,555 $ 3,548 $ 105,157 Dozer LG 180-210 C/A $ 2,141 $ 5,456 $ 135,502 �Excavator 13-14.9 T C/A $ 1,011 $ 2,078 $ 58,645 �Excavator 15-18.9 T w/Arm $ 1,019 $ 2,209 $ 57,574 Excavator 15-18.9 T w/Thumb $ 1,181 $ 2,273 $ 67,264 �Excavator 19-23.9 T w/Arm $ 1,143 $ 2,571 $ 71,242 Excavator 19-23.9 T w/Thumb $ 1,206 $ 2,668 $ 73,741 Excavator 19-23.9 Ton w/Hydraulic Thumb $ 1,147 $ 2,507 $ 73,027 �Excavator 24-28.9 T w/Arm $ 1,185 $ 2,962 $ 90,061 Excavator 24-28.9 Ton w/Hydraulic Thumb $ 1,130 $ 3,008 $ 86,950 Excavator 29-32.9 T w/Arm $ 1,551 $ 3,846 $ 107,503 �Excavator 28-33 T w/Long Front $ 1,695 $ 5,082 $ 125,761 Excavator 29-32.9 T w/Hydraulic Thumb $ 1,525 $ 3,586 $ 99,853 �Excavator 33-39.9 T w/Arm $ 1,865 $ 4,160 $ 111,481 Excavator 33-39.9 T w/Thumb $ 2,365 $ 4,410 $ 111,787 Excavator Hammer 500-749 lb $ 514 $ 1,007 $ 19,375 Excavator Hammer 750-999 lb $ 526 $ 1,036 $ 20,140 Excavator Hammer 1000-1999 lb $ 590 $ 1,279 $ 22,945 Excavator Hammer 2000-2499 lb $ 684 $ 1,325 $ 23,506 Excavator Hammer 2500-3499 lb $ 964 $ 2,375 $ 61,042 Excavator Hammer 3500-4999 lb $ 1,011 $ 2,630 $ 68,386 Excavator Hammer 5K-7499 lb $ 1,440 $ 3,756 $ 106,942 Excavator Hammer 7500-9999 lb $ 1,444 $ 4,394 $ 115,000 l Wheel Loader 2.5 Yd Tool Carrier $ 1,066 $ 2,294 $ 56,707 l Wheel Loader 3.0 Yd C/A $ 1,028 $ 2,333 $ 59,359 l Wheel Loader 3.0 Yd Tool Carrier $ 981 $ 2,273 $ 56,396 l Wheel Loader 3.5 Yd Tool Carrier $ 1,058 $ 2,303 $ 60,685 l Wheel Loader 4.0 Yd C/A $ 934 $ 3,038 $ 73,537 l Wheel Loader 4.0 Yd Tool Carrier $ 1,364 $ 3,714 $ 98,879 l Wheel Loader 5.5 Yd C/A $ 1,670 $ 4,500 $ 15,550 1 Motor Grader 10' ROPS $ 892 $ 2,061 $ 78,943 Product Type Daily Weekly 12Months Motor Grader 10' C/A $ 930 $ 2,167 $ 57,574 Motor Grader 12' C/A $ 1,100 $ 2,817 $ 95,875 Motor Grader 14' C/A $ 1,232 $ 3,038 $ 89,750 Dump Truck Artic 30 Tons $ 2,375 $ 4,611 $ 140,296 Forklift Pneumatic 3K# LPG $ 480 $ 828 $ 14,938 Forklift Pneumatic 3K# Dual $ 484 $ 815 $ 14,989 Forklift Pneumatic 5K# Electric $ 522 $ 1,206 $ 19,222 Forklift Pneumatic 5K# Dual $ 484 $ 828 $ 14,836 Forklift Pneumatic Quad 5K# Dual $ 471 $ 786 $ 16,213 Forklift Pneumatic SK# LPG $ 509 $ 811 $ 15,499 Forklift Pneumatic 5K# Diesel $ 518 $ 824 $ 16,213 Forklift Pneumatic Quad 6K# Dual $ 522 $ 832 $ 16,519 Forklift Pneumatic 6K# Diesel $ 535 $ 841 $ 16,825 Forklift Cushion 6K# LPG $ 522 $ 1,015 $ 21,874 Forklift Straight RT 6K# Diesel $ 586 $ 824 $ 18,151 Forklift Pneumatic 8K# LPG $ 684 $ 1,185 $ 30,646 Forklift Pneumatic 8K# Diesel $ 429 $ 862 $ 22,435 Forklift Straight RT 8K# Diesel $ 509 $ 892 $ 18,253 Forklift Pneumatic 10K# LPG $ 594 $ 1,478 $ 24,730 Forklift Pneumatic 10K# Diesel $ 603 $ 1,126 $ 24,679 Forklift Pneumatic 15K# Diesel $ 769 $ 1,296 $ 34,726 Forklift Pneumatic 25K# Diesel $ 973 $ 2,911 $ 69,355 Forklift Pneumatic 36K# Diesel $ 1,134 $ 3,314 $ 75,220 Standard Backhoe w/Arm 4WD $ 611 $ 1,151 $ 24,169 Standard Backhoe w/E-Stick 4WD $ 654 $ 1,444 $ 24,985 1 Backhoe Loader Hammer $ 586 $ 1,232 $ 31,003 Skip Loader 4WD $ 577 $ 1,279 $ 20,599 Excavator 0-1.9 T ROPS $ 535 $ 977 $ 20,956 Excavator 2-2.9 T ROPS $ 543 $ 1,049 $ 20,446 �Excavator3-3.9 T Rops $ 586 $ 1,083 $ 22,486 Excavator 3-3.9 T w/Thm Rops $ 569 $ 1,079 $ 22,894 Excavator 4-4.9 T C/A $ 624 $ 1,291 $ 28,861 Excavator 4-4.9 T w/Thm Rops $ 624 $ 1,291 $ 28,759 �Excavator5-5.9 T Rops $ 628 $ 1,330 $ 29,677 Excavator 5-5.9 T w/Thm Rops $ 641 $ 1,529 $ 30,034 Excavator 6-6.9 T C/A $ 658 $ 1,317 $ 29,575 Excavator 8-8.9 T C/A $ 790 $ 1,704 $ 40,438 Excavator 8-8.9 T w/Thm C/A $ 803 $ 1,682 $ 41,050 Excavator 9-9.9 T C/A $ 764 $ 16,188 $ 45,436 Excavator 9-9.9 T w/Thm C/A $ 845 $ 1,759 $ 42,478 ISkidSteer Tracked 0-1250# $ 475 $ 896 $ 25,036 �SkidSteerTracked 1891-2200# $ 611 $ 1,262 $ 27,382 �SkidSteerTracked 1601-1890# $ 603 $ 1,202 $ 25,954 �SkidSteerTracked 2201-2700# $ 645 $ 1,257 $ 27,382 ISkidSteer Tracked 2701-3150# $ 739 $ 1,538 $ 33,349 ISkidSteer Tracked 3150# - 3499# $ 845 $ 1,555 $ 38,653 ISkidSteer Wheeled 1601-1750# $ 484 $ 990 $ 21,211 ISkidSteer Wheeled 1751-2200# $ 565 $ 1,147 $ 24,424 ISkidSteer Wheeled 2201-2700# $ 505 $ 998 $ 19,681 ISkidSteer Wheeled 2701-3150# $ 590 $ 1,126 $ 25,393 ISkidSteer Hammer $ 535 $ 1,126 $ 22,588 ISkidSteer Grapple $ 356 $ 471 $ 6,064 I SkidSteer Auger $ 378 $ 590 $ 7,696 ISkidSteer Broom $ 390 $ 671 $ 8,104 ISkidSteer Fork $ 310 $ 382 $ 3,769 Trencher Walk -Behind Tracked $ 475 $ 939 $ 18,253 Trencher Ride -On $ 603 $ 1,351 $ 28,810 lAir Compressor 101-149 CFM Diesel $ 467 $ 590 $ 9,481 lAir Compressor 150-200 CFM Diesel $ 407 $ 637 $ 8,512 jAir Compressor 301-425 CFM Diesel $ 471 $ 866 $ 18,406 jAir Compressor 600-825 CFM Diesel $ 862 $ 1,104 $ 30,442 jAir Hose $ 271 $ 288 $ 1,015 jAir Breaker 15-20 LB $ 305 $ 382 $ 4,126 jAir Breaker 35 LB $ 305 $ 382 $ 4,126 jAir Breaker 60 LB $ 310 $ 412 $ 5,299 Product Type Daily Weekly 12 Months jAir Breaker 90 LB $ 314 $ 429 $ 5,248 1 Electric Breaker 60-70 LB $ 344 $ 577 $ 8,359 Concrete Vibrator Electric $ 335 $ 471 $ 5,911 Concrete Hand -Held Saw 14" $ 327 $ 505 $ 7,390 Concrete Walk -Behind Saw 14"-18" $ 378 $ 616 $ 8,563 Concrete Walk -Behind Saw 20-36" $ 590 $ 1,580 $ 24,475 Concrete Trowel Gas 36" $ 344 $ 548 $ 8,308 Concrete Trowel Gas 48" $ 344 $ 607 $ 8,308 Concrete Buggy 16 cu ft $ 412 $ 594 $ 9,532 Generator Portable Gas 5-7kw $ 331 $ 497 $ 7,084 �Generator Skid -Mounted Diesel16-25kw $ 531 $ 747 $ 14,224 �Generator Trailer -Mounted Diesel 16-25kw $ 484 $ 947 $ 17,743 �Generator Trailer -Mounted Diesel26-50kw $ 560 $ 939 $ 19,018 �Generator Trailer -Mounted Diesel51-70kw $ 599 $ 998 $ 28,045 �Generator Trailer -Mounted Diesel71-100ku $ 701 $ 1,385 $ 34,777 �Generator Trailer -Mounted Diesel 101-250k $ 862 $ 2,656 $ 44,926 Industrial Crane 8 Ton $ 735 $ 1,780 $ 44,059 Industrial Crane 9 Ton $ 735 $ 2,163 $ 35,746 Industrial Crane 15 Ton $ 1,330 $ 3,433 $ 89,347 Light Tower Manual $ 373 $ 518 $ 6,982 Light Tower Power $ 361 $ 509 $ 7,288 Light Tower Power Operated LED $ 369 $ 531 $ 7,033 Pump Trash 2" Gas $ 331 $ 484 $ 6,472 Pump Trash 3" Gas $ 352 $ 577 $ 7,747 Pump Trash 6" Diesel $ 599 $ 858 $ 29,065 �Utility 5K#Tilt Trailer $ 344 $ 471 $ 6,523 Utility 10K# Tilt Trailer $ 331 $ 497 $ 5,962 Utility 12K# Tilt Trailer $ 344 $ 458 $ 5,299 Cart 2-Seater 2WD Gas $ 361 $ 450 $ 8,206 Cart 2-Seater 4WD Gas $ 365 $ 556 $ 7,390 Cart 2-Seater 4WD Diesel $ 378 $ 548 $ 7,441 Cart 4-Seater 4WD Gas $ 390 $ 590 $ 8,461 �Cart 4-Seater 4WD Diesel $ 399 $ 590 $ 8,410 l Welder Portable 151-350A Gas $ 352 $ 543 $ 7,135 l Welder Portable 151-350A Propane $ 369 $ 543 $ 7,186 l Welder Portable 151-350A Electric $ 305 $ 339 $ 6,319 lWelderTrailer-Mounted200-299Amp Prop@ $ 348 $ 548 $ 7,186 l Welder Trailer -Mounted 200-299Amp Gas $ 352 $ 518 $ 7,186 lWelderTrailer-Mounted300-399Amp Diese $ 335 $ 454 $ 5,656 l Welder Trailer -Mounted 400-499Amp Diese $ 344 $ 488 $ 5,758 lWelderTrailer-Mounted500+Amp Diesel $ 348 $ 484 $ 8,257 Lead $ 267 $ 284 $ 913 Broom Ride -On ROPS 3-Whl $ 552 $ 1,253 $ 22,384 Broom Ride -On Cab 4-Whl $ 616 $ 1,215 $ 26,158 lWater Trailer 500 Gallon $ 395 $ 701 $ 10,807 l Water Truck 2000 Gallon $ 696 $ 1,780 $ 35,287 lWater Truck 4000 Gallon $ 1,041 $ 2,371 $ 54,412 1 Dump Truck On -Road 1-Axle $ 594 $ 1,253 $ 29,473 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 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. 1. Name: o y a ins Position: irector of overn ent entals and Sales 2. "S nature 3. Name: Position: Signature 4. Name: Position: Signature Name: Please see next page for Certificate of Authority for signature. Signature of President / CEO Other Title: Date: Vendor Services Agreement — Exhibit C (Rev.9.07.21) Page 12 of 13 SECRETARY'S CERTIFICATE OF H&E EOUIPMENT SERVICES, INC. The undersigned, the Secretary of I-I&E EQUIPMENT SERVICES, INC., a Delaware corporation (the "Conivanv"), does hereby certify that: 1. Toby Hawkins ("Agent") has been authorized and empowered by the Company with the power and authority to sign for and on behalf of the Company, and thereby bind the Company as its authentic act and to make, execute and deliver, on behalf of the Company all instruments arising out of federal, state, and local government contracts, bids, quotes, estimates and related documents. 2. The Company ratifies, proves, confirms and adopts the said Secretary's Certificate of H&E Equipment Services, Inc., in the Company, in each and all of the terms and conditions thereof and accepts the same as though done by the Company itself and authorizes the Agent to make, execute and deliver any and all instruments in compliance with said Secretary's Certificate of H&E Equipment Services, Inc. for and on behalf of the Company. IN WITNESS WHEREOF, I have hereunto set my hand this ,day of 2021. U �. — Name: Leslie S. Magee v Title: Chief Financial Officer and Secretary 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: Tuesday, June 13, 2023 REFERENCE NO.: **M&C 23-0452 LOG NAME: 13P ITB 23-0040 RENTAL OF CONSTRUCTION EQUIPMENT AW WATER SUBJECT: (ALL) Authorize Execution of Agreements with H&E Equipment Services, Inc., Herc Rentals Inc., and United Rentals (North America), Inc. for the Rental of Construction Equipment for the Water Department in a Combined Annual Amount Up to $350,000.00 and Authorize Four One -Year Renewals in the Same Amount RECOMMENDATION: It is recommended that the City Council authorize execution of agreements with H&E Equipment Services, Inc., Herc Rentals Inc., and United Rentals (North America), Inc. for the rental of construction equipment for the Water Department in a combined annual amount up to $350,000.00 and authorize four, one-year renewals in the same amount. DISCUSSION: The Water Department approached the Purchasing Division for assistance with securing an agreement for the rental of construction equipment on an as -needed basis. Under the proposed agreements, the vendors will provide various construction equipment for rental on a daily, weekly, and monthly basis. Purchasing issued an Invitation to Bid (ITB) that consisted of detailed specifications including the condition the equipment must be in, the required equipment warranties, and the delivery and pickup timeframe to ensure equipment is available in a timely manner. The ITB was advertised in the Fort Worth Star -Telegram on March 8, 2023, March 15, 2023, March 22, 2023, and March 29, 2023. The City received three responses. An evaluation panel consisting of representatives from the Water and Transportation & Public Works Departments reviewed and scored the submittal using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Bidder II Evaluation Factors II a II b II c II d IlTotal scorel IH&E Equipment Services, Inc. 1118.671120.001115.331134.0011 88.00 1 1Herc Rentals Inc. 1113.331119.171114.671131.4111 78.58 1 (United Rentals (North America), Inc. 1117.331120.831116.671135.0011 89.83 1 Best Value Criteria: a. Contractor's experience b. Contractor's ability to perform services in a timely manner c. Extent to which the services meet the City's needs (availability of equipment, possesses proper warranties and insurances, etc.) d. Cost of service After evaluation, the panel concluded that H&E Equipment Services, Inc., Herc Rentals Inc., and United Rentals (North America), Inc. presented the best value. Therefore, the panel recommends that Council authorize agreements with H&E Equipment Services, Inc., Herc Rentals 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 combined annual maximum amount allowed under these agreements will be $350,000.00; however, the actual amount used will be based on the need of the department and available budget. Funding is budgeted in the Equipment Lease account of the Water Department's rollup within the Water & Sewer 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 approval, the agreements shall begin upon execution and expire one year from that date. RENEWAL TERMS: The agreements may be renewed for four additional, one-year terms at the amount authorized through this Mayor & Council Communication. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. 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 upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund. Prior to an expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity BudID get Reference #(Charttield Amount FROM Fund Deparrttment Account PrID oject ProgramActivity Budget Reference 2) Charttield Amount YeaCERTIFICATIONS: Submitted for City Manager's Office by: Reginald Zeno (8517) Dana Burghdoff (8018) Originating Department Head: Reginald Zeno (8517) Christopher Harder (5020) Additional Information Contact: ATTACHMENTS Jo Ann Gunn (8525) Alyssa Wilkerson (8357) 13P ITB 23-0040 RENTAL OF CONSTRUCTION EQUIPMENT AW WATER funds availabilitv.pdf (CFW Internal) 2. Business Equity Waiver BU60.pdf (CFW Internal) 3. FID_TABLE _CONSTRUCTION_EOUIP.xlsx (CFW Internal) 4. Form 1295 - H&E Equipment Services. Inc..pdf (CFW Internal) 5. Form 1295 - Herc Rentals.pdf (CFW Internal) 6. Form 1295 - United Rentals (North America). Inc.pdf (CFW Internal) 7. SAMs Report- H&E Equipment Services. Inc.pdf (CFW Internal) 8. SAMs Report- Herc Rentals. Inc..pdf (CFW Internal) 9. SAMs Report- United Rentals (North America). Inc..pdf (CFW Internal) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1023180 H&E Equipment Services, Inc. Baton Rouge, LA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/19/2023 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 23-0040 Heavy Construction Equipment Rentals Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Toby Hawkins My address is 7500 Pecue Lane (street) ❑x , and my date of birth is 7/31 /1961 Baton Rouge LA 70809 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in East Baton Rouge County, State of LA on the 9 day of May 20 23 (month) (year) Forms provided by Texas Ethics Commission si aturfb rhorized agent of contracting business entity (Declarant) www.ethics.state.tx.us Version V3.5.1.a18ea2ca