HomeMy WebLinkAboutContract 61245CSC No. 61245
FORTWORTH.
VENDOR SERVICES AGREEMENT
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 U.S.
Shoring & Equipment Co. ("Vendor"), each individually referred to as a "party" and collectively referred
to as the "parties."
1. Scope of Services. Vendor shall provide rental of shoring and trenching equipment
and related services Water and Park and Recreation Departments, which are set forth in more detail
in Exhibit "A," attached hereto and incorporated herein for all purposes.
2. Term. This Agreement begins on April 15, 2024 and expires on April 14, 2025, unless
terminated earlier in accordance with this Agreement ("Initial Term"). City will 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 option(s).
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit " B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed One Million, Five Hundred and Ten Thousand Dollars
($1,510,000.00). Vendor will not perform any additional services or bill for expenses incurred for City not
specified by this Agreement unless City requests and approves in writing the additional costs for such
services. City will not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing.
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-am)=riation 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 will 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 Parries. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will 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 will provide City with copies of all
Vendor Services Agreement
7/19/2023 OFFICIAL RECORD page 1 of 12
CITY SECRETARY
FT. WORTH, TX
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 will 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 will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must 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 will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Ri2ht to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will 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 will 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, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
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construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will 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, contractors, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL 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, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND 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, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
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 will 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 will 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 will 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 will 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 will 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 will 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
Vendor Services Agreement Page 3 of 12
restricted, Vendor will, 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 will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will 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 will be 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, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
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Employers' liability
$100,000 -
Bodily Injury by accident; each accident/occurrence
$100,000 -
Bodily Injury by disease; each employee
$500,000 -
Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws. Ordinances. Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will 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
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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 must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will 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, CONTRACTORS,
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 will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
U.S. Shoring & Equipment Co.
Jeremy C. Pendley, Territory Manager
11070 S. Pipeline Rd 76040
Facsimile:
14. Solicitation of Emulovees. Neither City nor Vendor will, 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 will 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 does 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 will 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
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Agreement, venue for such action will 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 will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will 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, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will 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 will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. 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 will 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.
25. Immigration Nationalitv Act. Vendor must 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 will provide City with copies of all I-9
Vendor Services Agreement Page 7 of 12
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all 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 WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will 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 will 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 will 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.
27. Signature Authoritv. The person signing this Agreement hereby warrants that they have
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. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Comvanv Name or Ownership. Vendor must 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.
29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Bovcottine Energv 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),
Vendor Services Agreement Page 8 of 12
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.
31. 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.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement 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.
(signature page follows)
Vendor Services Agreement Page 9 of 12
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
'5 C.4—
By:
Name: Fernando Costa
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By: Christopher H rder(Apr9,202411:37CDT)
Name: Chris Harder
Title: Water Director
ATTEST:
By:
Name:
Jannette Goodall
Title:
City Secretary
VENDOR:
U.S Shoring & Equipment Co.
By: )
Name: Jeremy C. e ey
Title: Territory Manager
Date: y y� , 2024
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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:-�
Name: Regina Jone
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By: Douglas Black (Apr% 2024 11:49 CDT)
Name: Doug Black
Title: Sr. Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0195
Form 1295: 2024-1109533
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement Page 10 of 12
EXHIBIT A
SCOPE OF SERVICES
Vendor Services Agreement
7/19/2023 Page 11 of 12
PART — 2
DETAILED SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to finalize an agreement for rental of shoring and
trenching equipment and related services for City Departments 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 This Agreement shall begin upon award or execution of the City Secretary Contract
("Effective Date") and shall expire on the upcoming September 30th, ("Expiration Date),
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 (October 1 to September 30) and for
a fifth renewal period which shall expire on completion of total five-year duration, unless
City or Contractor 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 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.
1.4 Vendor shall provide unit prices for listed items required on the Bid Offer page. Unit prices
shall include all associated costs 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.
1.5 The quantities listed on the Price Submittal pages 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.
1.6 Following the award, additional goods 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.
1.7 Unit prices shall include all costs associated with the specified work, including but not
limited to handling, delivery, fuel charges, fees and certification fees. NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.8 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.
1.9 All items supplied under the Agreement resulting from this quote shall be of recent
production, unused, and suitable for their intended purpose.
1.10 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
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2.0 TENTATIVE SCHEDULE OF EVENTS
TASK
ITB Release Date
Pre -Bid Meeting
Deadline for Questions
Answers Posted
ITB Responses Due Date
Recommended Vendor Selection
Mayor and Council
Contract Execution
DATE
Wednesday, November 29, 2023
Tuesday, December 5, 2023 at 3PM (Local Time)
Wednesday December 6, 2023 at 5PM (Local Time)
Monday, December 11, 2023
Thursday, December 21, 2023 at 1:30PM (Local Time)
December 2023
January 2023
February 2023
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The Vendor shall notify the City's Sr.
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 METHOD OF AWARD
4.1 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:
4.1.1 Meets the requirement listed in Section 5.0, Part 2.
4.1.2 Submits a completed bid package within the stated deadline and in accordance
with the bid specifications.
4.2 Bids that do not receive 50% or more of the total available points, excluding the points for
price, will be deemed non -responsive.
4.3 The following criteria will be used to determine the best value:
4.3.1 Cost of service — up to 40 points
4.3.2 Bidders' qualifications, experience and references— up to 30 points
4.3.3 Availability of resources and personnel to provide services — up to 20 points.
4.3.4 Bidders' ability to meet the City's needs— up to 10 points
4.4 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
bid of a bidder who has previously failed to perform properly or complete on time
agreements of a similar nature.
4.5 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.
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4.6 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.
4.7 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.
4.8 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.
4.9 If Attachment E Local Preference, is completed by any Bidder, the City will review the
Attachment to determine whether Local preference will apply to the award.
5.0 CONTRACTOR'S REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED
5.1 The Contractor shall:
5.1.1 Have a minimum of five (5) years of experience conducting services similar or
related to the Scope of Services.
5.1.2 Have and operate a full-time, permanent business address with the ability to be
reached by email and telephone.
6.0 ENGINEERING EXPERIENCE AND SERVICE REQUIREMENTS
6.1 The Contractor shall:
6.1.1 Furnish proof of professional expertise and competence in excavation safety
products for a minimum period of five (5) years.
6.1.2 Obtain the services of a Professional Engineer as defined by Texas Government
Code Chapter 2254 ("Engineer").
6.1.3 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.
6.1.4 Submit with its bid the name, address, telephone number and certification of the
Engineer to be used, and keep information up to date throughout the term of this
agreement, including renewal terms.
6.1.5 Furnish written certification, attested by an Engineer, concerning the rated capacity
and equipment manufacturer's tabulated data.
7.0 CONTRACTOR REQUIREMENTS
7.1 Contractor, Supplier and Manufacturer shall indemnify the City for any loss, damage,
expense, or liability including, but not limited to, court costs and attorneys' fees that may
result by reason of any infringement or claim of secret or other proprietary right relating to
products furnished pursuant to this purchase.
7.2 Contractor will defend and/or settle at its own expense any action brought against the City
to the extent that it is based on a claim that products furnished to the City by the Contractor
pursuant to the purchase infringed any patent, trademark, copyright trade secret or other
proprietary right.
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7.3 Contractor shall also refund to the City any amount paid if any products should become
unusable as a result of any such infringement or claim.
8.0 DELIVERY AND EQUIPMENT PICKUP REQUIREMENTS
8.1 Material pick-up locations will be at various job site locations throughout the City of Fort
Worth, depending on where work is being performed by the Water Department. The
address to these locations will be provided by the Water Department at least 24-hours in
advance, whenever possible.
8.2 Equipment specified herein shall be fully adjustable, protective devices specifically
designed and professionally engineered to provide protection against cave-ins for
personnel.
8.3 Subsidiary Items:
8.3.1 Mobilization
8.3.1.1 Mobilization is defined as activation of a contractor's physical and
manpower resources for transfer to a construction site.
8.3.1.2 Work associated with this Item is considered subsidiary to the various item
bid. No separate payment will be allowed for this Item.
8.3.2 Emergency/After Hours
8.3.2.1 Emergency/After-hours hours shall be 5:00 p.m. to 7:30 a.m., Monday
through Friday, and all -day Saturday and Sunday.
8.3.2.2 Work associated with this Item is considered subsidiary to the various item
bid. No separate payment will be allowed for this Item.
8.4 The Vendor shall pick up rental equipment within two (2) hours of the request. The City will
not pay for any additional rental costs beyond the vendor has been notified of pick up.
9.0 SHORING AND TRENCHING EQUIPMENT AND SERVICES
9.1 Aluminum Hydraulic Shoring Equipment
9.1.1 Aluminum hydraulic shoring shall consist of vertical/horizontal rails and extendable
aluminum cross -brace cylinders, which are operated by hydraulic fluid pressure.
9.1.2 All hydraulic shores must be capable of complete installation/removal from above
ground to avoid worker exposure to un-shored trenches.
9.1.3 For purpose of these specifications, aluminum hydraulic shoring equipment shall
be divided into six categories as follows: - Single Shores - Vertical Shores - Multi -
Shores - Horizontal Wales - 4-way Manhole Braces - Steel Road Plates
9.2 Single, Vertical & Multi -Shores
9.2.1 Cylinders shall be composed of aluminum alloys in consideration of weight,
strength and non -corrosive characteristics.
9.2.2 Cylinders shall have a bleed off port to prevent over -extension of cylinders.
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9.2.3 Standard cylinders shall be a minimum of 2" inside diameter (ID) and have strength
of not less than 23,000 pounds axial compression load.
9.2.3.1 Standard cylinders shall be available in five minimum -to -maximum
expansion ranges to provide flexibility for shoring trenches in varying
widths from 17" to 88" wide.
9.2.3.2 The five ranges shall include 17" to 27", 22" to 26", 28" to 46", 34" to 55"
and 52" to 88".
9.2.3.3 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.
9.2.3.4 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.
9.2.4 Heavy-duty cylinders shall be a minimum of 3" ID and shall have strength not less
than 42,000 pounds compression load.
9.2.4.1 Heavy-duty cylinders shall be available in one minimum -to -maximum
expansion Range of 52" to 88".
9.2.4.2 All shores shall be designed for complete above ground installation and
removal. All necessary tools for installation and removal (above ground)
must be available.
9.2.5 Standard vertical rails shall be no less than 8" in width and have equivalent section
modules of .44 inches (3) or more.
9.2.5.1 Standard rails shall be available in 2', 3'/i, 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.
9.2.5.2 Multiple cylinder configurations shall be supplied with hose bridle
assemblies to allow expansion of all hydraulic cylinders simultaneously
using a single hydraulic pump.
9.2.5.3 Approved accessories, i.e., pumps, installation and removal tools, and Fin
Form plywood must be available.
10.0 HORIZONTAL WALER RAILS
10.1 Standard horizontal waler rails shall be no less than 6" in width and have equivalent section
modules of 4.53 in. (3) or more
10.1 Rails shall be available in 8', 12', and 16' lengths.
10.2 Heavy-duty horizontal waler rails shall be no less than 8" in width and have an equivalent
section module of 14.06 in. (3), and available in 16' lengths.
10.3 Approved accessories, ie: pumps, installation and removal tools, and Fin Form plywood
must be available.
10.4 Manhole Brace (MHB) Sub -Assemblies
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10.5 MHB shall have four (4) way hydraulic supports, plus be able to fit rectangular and square
excavations.
10.6 MHB will have lifting eyes for installation and removal from above ground.
10.7 Hydraulic cylinders must meet same specifications outlined in section 6.0 of this Invitation
to Bid.
10.8 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).
10.9 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.
10.10 Heavy-duty MBH inner sleeve shall be 5" X 5" X 3/16" tube steel and have yield strength of
46 ksl.
10.11 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.
10.12 Approved accessories, ie; pumps installation and removal tools, and Finn Form plywood
must be available.
11.0 ALUMINUM HYDRALIC SHORING SHEILDS
11.1 Shoring shields shall consist of aluminum hydraulic waler systems permanently mounted
onto solid -sheeted aluminum exterior.
11.2 Exterior panels shall be extruded panels of 6061-T6 aluminum having a section modulus
no less than 1.0 in. (3) per foot of width.
11.3 Each wall shall be fitted with a top and bottom cap or channel to protect ends of vertical
sheeting
11.4 Shoring shields shall be furnished with telescoping steel sleeves with locking pins to
provide additional safety when used as a static trench shield.
11.5 Shoring shields shall have a central bleed valve and spring returns for the ease of removal
from trench excavations.
11.6 Shoring shields shall have a hydraulic manifold, which provides independent cylinder
control during shield expansion.
11.7 Hydraulic cylinders must meet same specifications outlined in section 6.0 of this Invitation
to Bid.
11.8 Shoring shields shall be available in combination of 8' and 6' heights X 8', 10', or 12'
lengths.
11.9 Shoring shields will be equipped with speed shore speed struts for ease of operations.
11.10 Shoring shields shall be available in varying widths of speed struts from 29" to 95".
11.10.1 The five minimum ranges shall include 29" to 43", 35" to 53", 41" to 62", 47" to 71"
and 59" to 95".
ITB 24-0008 Rental of Trenching and Shoring Equipment
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11.11 Approved accessories, i.e.; pumps installation and removal tools, and Finn Form plywood
must be available.
11.12 Optional accessories shall be available to add end panels on one of both ends of the
shield.
11.12.1 Options shall include full end panel coverage equal to speed shore's end panel,
which includes aluminum sheeting as described in these specifications, without
top and bottom cap.
11.12.2 Additionally, end panel bracketing shall be available without sheeting to enable
the use of alternate sheeting materials.
12.0 STEEL TRENCH SHIELDS
12.1 Steel shields shall be constructed of high tensile strength steel for sidewalls, trusses and
spreaders.
12.2 Steel shields shall be furnished with lifting eyes and pulling eyes.
12.3 Steel trench shields shall be furnished with stacking sockets at each corner
12.4 Steel trench shields must have a certification plate as evidence that the equipment was
designed and constructed in conformance with specifications from a registered professional
engineer.
12.5 Complete, certified engineering data must be available for all trench boxes, and Contractor
must be prepared to provide such data at the point of delivery upon request.
13.0 MANGUARD SLEEVE/RING
13.1 Man Guard Rings shall be constructed of high strength corrugated steel walls with rigid
steel collars welded to top and bottom.
13.2 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.
13.3 Man Guard rings shall be available in all combinations of 4' and 8' heights and 6', 8'/� , and
10' diameters.
13.4 Complete certified engineering data must be available for all Man Guard Rings, and
Contractor must be prepared to provide such data and certification at the point of delivery.
14.0 STEEL ROAD PLATES
14.1 The road plates will be grade ASTM A36 or better with a minimum safe working load of
8,000 lbs. with a thickness of 1" or greater as necessary for safe site operations.
14.2 The lifting points shall be in proximity to the corners or at the plate ends. No center -lift
plates will be accepted.
14.3 Plates will be delivered to the job site unless specified otherwise.
ITB 24-0008 Rental of Trenching and Shoring Equipment
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15.0 TRENCH BOX SET UP
Vendor shall set up all trench boxes according to manufacturer instructions and set trench box into
excavation.
16.0 INVOICING REQUIREMENTS
161 The City of Fort Worth has begun implementing an automated invoicing system. The
Contractor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: supplierinvoices@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.
16.2 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)
16.3 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;
• Unit and total cost; and
• Invoices should be submitted after delivery of the goods or services.
16.3 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
suRDlierinvoices cD..fortworthtexas.gov. 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 Accounts Pavable(a)fortworthtexas.gov.
16.4 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.
16.5 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
16.6 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.
ITB 24-0008 Rental of Trenching and Shoring Equipment
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If Contractor has any questions, please contact the Accounts Payable team at (817) 392-
2451 or by email to ZZ FIN AccountsPavable(a7fortworthtexas.gov.
16.7 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish
a tax exemption certificate upon Vendor's request.
17.0 UNIT PRICE ADJUSTMENT
17.1 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.
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.
17.2 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; 03P: April 1 — June 30; Q4: July 1 — September 30.
17.3 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.
17A The Vendor must submit its Price Adjustment request, in writing, at least 60 days before the
effective period (1st 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.
17.5 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.
17.6 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,
17.7 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.
17.8 Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day
prior written notice to the Sr. Purchasing Manager.
17.9 Only Published price changes will be accepted. Prices that were in effect at the time of
order placement shall take precedence.
18.0 INSURANCE REQUIREMENTS
The Contractor shall carry insurance in the types and amounts for the duration of this contract as
listed in the draft service agreement, Attachment G to this solicitation, and furnish certificates of
ITB 24-0008 Rental of Trenching and Shoring Equipment
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insurance along with copies of policy declaration pages and policy endorsements as evidence
thereof.
19.0 PERFORMANCE
Failure of the City to insist in any one or more instances upon performance of any of the terms and
conditions of this Agreement shall not be construed as a waiver or relinquishment of the future
performance of any terms and conditions, but the Vendor's obligation with respect to such
performance shall continue in full force and effect.
20.0 SUBCONTRACTING
No subcontracting of the work under this contract will be allowed without written permission from
the City.
21.0 HAZARDOUS CONDITIONS
21.1 The Vendor is required to notify the City immediately of any hazardous
conditions and/or damage to any property.
21.2 Hazardous materials shall be handled with care and workers shall wear
Personal Protective Equipment (PPE) while handling hazardous
material. If there are questions regarding how to dispose of materials,
the Contractor shall contact City of Fort Worth Code Compliance at 817-
392-1234.
22.0 CONTRACT ADMINISTRATION AND TERMINATION
22.1 Contract administration will be performed by the City Department. In the event the Vendor
fails to perform according to the terms of the agreement, The Department head or his/her
designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to
discuss the Vendor's deficiencies. A written cure notice may be prepared giving the
Vendor 14 calendar days to cure any deficiency.
22.2 In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Sr. Purchasing Manager who will take appropriate action to cure the
performance problem(s), which could include cancellation, termination for convenience or
default. If the agreement is terminated for default, the Vendor may be held liable for excess
cost and/or liquidated damages.
22.3 The Vendor will be paid only those sums due and owing under the agreement for services
satisfactorily rendered, subject to offset for damages and other amounts which are, or
which may become, due and owing to the City.
22.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Vendor shall immediately stop all work
hereunder and shall immediately cause any and all of its suppliers and subVendors to
cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage
of the agreement price reflecting the percentage of the work performed prior to the notice of
termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the
City using its standard record keeping system, have resulted from the termination.
However, in no event shall the total of all amounts paid to the Vendor exceed the
agreement price. The Vendor shall not be reimbursed for any profits which may have been
anticipated, but which have not been earned up to the date of termination.
23.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
If the Federal award meets the definition of "funding eCFR — Code of Federal Regulations
agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a
ITB 24-0008 Rental of Trenching and Shoring Equipment
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contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
24.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
F���1• �1 �l I.�ul �;<y iisP.L���>;-�� �l,`>+� [�li!]
Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made
to parties listed on the government -wide exclusions in the System for Award Management (SAM),
in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3
CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549.
26.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352)
26.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non -Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
non -Federal award.
26.2 Bidders shall provide proof of Byrd Anti -Lobbying Amendment certification filings with their
bid, if the bid exceeds $100,000.00.
27.0 NO BOYCOTT OF ISRAEL
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this
section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, 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" has the meanings ascribed to those terms in Section 2271 of the Texas
Government Code. By signing this Agreement, Vendor certifies that Vendor's signature
provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the Agreement.
28.0 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 that is to be paid wholly or
partly from public funds of the City with a company with 10 or more full-time employees unless the
ITB 24-0008 Rental of Trenching and Shoring Equipment
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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.
29.0 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 that is to 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.
26.0 LAWS, REGULATIONS, AND ORDINANCES
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.
ITB 24-0008 Rental of Trenching and Shoring Equipment
Page 23 of 33
ATTACHMENT - A
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity
(i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at
http://www.ethics.state.tx.us/forms/CIQ.pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form.
However, a signature is required in the #7 box in all cases.
ITB 24-0008 Rental of Trenching and Shoring Equipment
Page 24 of 33
EXHIBIT B
PAYMENT SCHEDULE
Vendor Services Agreement
Page 12 of 12
ITB 24-0008- RENTAL OF TRENCHING AND SHORING EQUIPMENT
ATTACHMENT H
Line Description UOM Quantities Unit Price Total
1 Rental, Daily, 8x8 Manhole Shield
2 Rental, Daily, 8x8 Manhole Box
3 Rental, Daily, 8x8 Trench Box
4 Rental, Daily,10x10 Trench Box
5 Rental, Daily,10x12 Trench Box
6 Rental, Daily, Road Plates
7 Rental, Weekly, 8x8 Manhole Shield
8 Rental, Weekly, 8x8 Manhole Box
9 Rental, Weekly, 8x8 Trench Box
10 Rental, Weekly,10x10 Trench Box
11 Rental, Weekly,10x12 Trench Box
12 Rental, Weekly, Road Plates
13 Rental, Monthly, 8x8 Manhole Shield
14 Rental, Monthly, 8x8 Manhole Box
15 Rental, Monthly, 8x8 Trench Box
16 Rental, Monthly, 3040 Trench Box
17 Rental, Monthly,10x12 Trench Box
DA
25
$
84.00
$
2,100.00
DA
25
$
99.00
$
2,475.00
DA
25
$
71.00
$
1,775.00
DA
25
$
99.00
$
2,475.00
DA
25
$
106.00
$
2,650.00
DA
25
$
30.00
$
750.00
WK
25
$
253.00
$
6,325.00
WK
25
$
297.00
$
7,425.00
WK
25
$
214.00
$
5,350.00
WK
25
$
298.00
$
7,450.00
WK
25
$
317.00
$
7,925.00
WK
25
$
91.00
$
2,275.00
MO
25
$
759.00
$
18,975.00
MO
25
$
891.00
$
22,275.00
MO
25
$
642.00
$
16,050.00
MO
10
$
895.00
$
8,950.00
MO
10
$
951.00
$
9,510.00
18 Rental, Monthly, Road Plates
MO
10
$
272.00
$
2,720.00
Delivery and/or Pick Up, Regular Hours, lam to
19 4pm
EA
10
$
25.00
$
250.00
Delivery, and/or Pick Up, After Hours, 4:01pm to
20 6:59am
EA
10
$
150.00
$
1,500.00
21 Fee, Setup
EA
10
$
25.00
$
250.00
Rental, Daily, Box 16TX8X8, End Member 8',
Modular Shield Panel 24" x 8"' Lifting Lugs for
build a box each, 2' extension legs package for
boxes, lifting eyes lite shield 4/set, stacking pins
22 for modular aluminum box, sling chain 3/8" x 10'
DA
10
$
330.00
$
3,300.00
Rental, Weekly, Box 16TX8X8, End Member 8',
Modular Shield Panel 24" x 8"' Lifting Lugs for
build a box each, 2' extension legs package for
boxes, lifting eyes lite shield 4/set, stacking pins
23 for modular aluminum box, sling chain 3/8" x 10' WK 30 $ 1,022.00 $ 10,220.00
Rental, Monthly, Box 16TX8X8, End Member 8',
Modular Shield Panel 24" x 8"' Lifting Lugs for
build a box each, 2' extension legs package for
boxes, lifting eyes lite shield 4/set, stacking pins
24 for modular aluminum box, sling chain 3/8" x 10' MO 10 $ 3,034.00 $ 30,340.00
Rental, Daily, Box 6TX6X8, End Member 6',
Modular Shield Panel 24" x 6', Modular shield
panel 24"x8', lifting lugs for build a box each,
lifting eyes lite shield 4/set, stacking pins for
25 modular aluminum box, sling chain 3/8" x 10 DA 30 $ 124.00 $ 1,240.00
1
Rental, Weekly, Box 6TX6X8, End Member 6',
Modular Shield Panel 24" x 6', Modular shield
panel 24"x8', lifting lugs for build a box each,
lifting eyes lite shield 4/set, stacking pins for
26 modular aluminum box, sling chain 3/8" x 10 WK
Rental, Monthly, Box 6TX6X8, End Member 6',
Modular Shield Panel 24" x 6', Modular shield
panel 24"x8', lifting lugs for build a box each,
lifting eyes lite shield 4/set, stacking pins for
27 modular aluminum box, sling chain 3/8" x 10
MO
Rental, Ually, Box 181xbxb, End Member lU', End
Member 8', Modular Shield Panel 24" x 6', Lifting
Lugs for build a box each), 2' extension legs
package for boxes, lifting eyes lite shield 4/set,
28 sling chain 3/8" x 10'
DA
Rental, Weekly, Box IS I XbXb, End Member 1U',
End Member 8', Modular Shield Panel 24" x 6',
Lifting Lugs for build a box each, 2' extension legs
package for boxes, lifting eyes lite shield 4/set,
29 sling chain 3/8" x 10'
WK
End Member 8', Modular Shield Panel 24" x 6',
30 Lifting Lugs for build a box each, 2' extension legs
MO
Modular shield panel 24"X 6', Lifting lugs for
build a box each, 2' extension legs package for
31 boxes, sling chain 3/8" x 10'
DA
Rental, Weekly, Box 10l'xbx6, End member 10',
Modular shield panel 24"X 6% Lifting lugs for
build a box each, 2' extension legs package for
32 boxes, sling chain 3/8" x 10'
WK
Rental, Monthly, Box 101xbxb, End member 10',
Modular shield panel 24"X 6', Lifting lugs for
build a box each, 2' extension legs package for
33 boxes, sling chain 3/8" x 10'
MO
Rental, Ua►ly, Box b I XbXb, End Member b',
Modular shield panel 24"X6', Lifting lugs for a
build a box each, 2' extension legs package for
34 boxes, lifting bridle 4 leg x 4'
DA
Rental, Weekly, Box b I XbXb, End Member b',
Modular shield panel 24"X6', Lifting lugs for a
build a box each, 2' extension legs package for
35 boxes, lifting bridle 4 leg x 4'
WK
Rental, Monthly, Box b I XbXb, End Member b',
Modular shield panel 24"X6', Lifting lugs for a
build a box each, 2' extension legs package for
36 boxes, lifting bridle 4 leg x 4'
MO
37 Rental, Daily, Trench Box 30' x 12', 6" FB
IDA
38 Rental, Weekly, Trench Box 30' x 12', 6" FB
I WK
39 Rental, Monthly, Trench Box 10' x 12', 6" FB
IMO
40 Rental, Daily, Trench Box 8' x 12', 4' FB
IDA
41 Rental, Weekly, Trench Box 8' x 12', 4' FB
IWK
42 Rental, Monthly,Trench Box 8' x 12', 4' FB
IM0
43 Rental, Daily, Spreader Bar Kit, 8" x 10'
DA
44 Rental, Weekly, Spreader Bar Kit, 8" x 10'
IWK
45 Rental, Monthly, Spreader Bar Kit, 8" x 10'
MO
46 Rental, Daily, Sling Chain 3/8' X 14' 4 Leg
IDA
10 $ 384.00 $ 3,840.00
10 $ 1,504.00 $ 15,040.00
10 $ 334.00 $ 3,340.00
10 $
1,038.00
$
10,380.00
10 $
3,078.00
$
30,780.00
10 $
190.00
$
1,900.00
10 $ 590.00 $ 5,900.00
10 $ 1,750.00 $ 17,500.00
10 $ 118.00 $ 1,180.00
10
$
366.00
$
3,660.00
10
$
1,086.00
$
10,860.00
10
$
106.00
$
1,060.00
10
$
317.00
$
3,170.00
10
$
951.00
$
9,510.00
10
$
94.00
$
940.00
10
$
282.00
$
2,820.00
10
$
845.00
$
8,450.00
10
$
80.00
$
800.00
10
$
240.00
$
2,400.00
10
$
720.00
$
7,200.00
10
$
19.00
$
190.00
2
47 Rental, Weekly, Sling Chain 3/8' X 14' 4 Leg
WK
48 Rental, Monthly, Sling Chain 3/8' X 14' 4 Leg
MO
49 Rental, Daily, Stacking Pins for steel boxes
DA
50 Rental, Weekly, Stacking Pins for steel boxes
WK
51 Rental, Monthly, Stacking Pins for steel boxes
MO
Rental, Daily, Plug Test/Front 12'-24' W/RV &
52 Sleeve
DA
Rental, Weekly, Plug Test/Front 12'-24' W/RV &
53 Sleeve
WK
Rental, Monthly, Plug Test/Front 12'-24' W/RV &
54 Sleeve
MO
55 Rental, Daily, Rope 30' Inflation Hose with gauge DA
Rental, Weekly, Rope 30' Inflation Hose with
56 gauge WK
Rental, Monthly, Rope 30' Inflation Hose with
57 gauge MO
Rental, Daily, Plug Test/ Front 20"- 36" W/RV &
58 Sleeve DA
Rental, Weekly, Plug Test/ Front 20"- 36" W/RV
59 & Sleeve WK
Rental, Monthly, Plug Test/ Front 20"- 36" W/RV
60 & Sleeve MO
61 Rental, Daily, Rope 30" Inflation Hose with Gauge DA
Rental, Weekly, Rope 30" Inflation Hose with
62 Gauge
WK
Rental, Monthly, Rope 30" Inflation Hose with
63 Gauge
MO
Rental, Daily, Box 8TX8X8, End member 8',
modular shield panel 24' x 8", lifting lugs for build
a box each, 2' extension legs package for boxes,
64 sling chain 5/16"x 10' 4 leg
DA
Rental, Weekly, Box 8TX8X8, End member 8',
modular shield panel 24' x 8", lifting lugs for build
a box each, 2' extension legs package for boxes,
65 sling chain 5/16"x 10' 4 leg
WK
Rental, Monthly, Box 8TX8X8, End member 8',
modular shield panel 24' x 8", lifting lugs for build
a box each, 2' extension legs package for boxes,
66 sling chain 5/16"x 10' 4 leg
MO
67 Rental, Daily, Road Plate 8' x 12'
DA
68 Rental, Weekly, Road Plate 8' x 12'
WK
69 Rental, Monthly, Road Plate 8' x 12'
MO
70 Rental, Daily, Road Plate 8' x 16'
DA
71 Rental, Weekly, Road Plate 8' x 16'
WK
72 Rental, Monthly, Road Plate 8' x 16'
MO
73 Rental, Daily, Road Plate 8' x 20'
DA
74 Rental, Weekly, Road Plate 8' x 20'
WK
75 Rental, Monthly, Road Plate 8' x 20'
MO
76 Rental, Weekly, Road Plate, 8 ft X10 ft
WK
77 Rental, Daily, Road Plate, 8' x 10'
DA
78 Rental, Weekly, Road Plate, 8' x 10'
WK
79 Rental, Monthly, Road Plate, 8' x 10'
MO
10 $
10 $
10 $
10 $
10 $
10 $
10 $
10 $
10 $
10 $
10 $
10 $
10 $
5 $
10 $
10 $
10 $
56.00 $
168.00 $
0.01 $
0.01 $
0.01 $
68.00 $
204.00 $
611.00 $
15.00 $
46.00 $
137.00 $
112.00 $
335.00 $
1,004.00 $
15.00 $
46.00 $
137.00 $
560.00
1,680.00
0.10
0.10
0.10
680.00
2,040.00
6,110.00
150.00
460.00
1,370.00
1,120.00
3,350.00
5,020.00
150.00
460.00
1,370.00
5 $ 170.00 $ 850.00
5 $ 526.00 $ 2,630.00
5
$
1,626.00
$
8,130.00
10
$
24.00
$
240.00
10
$
71.00
$
710.00
10
$
214.00
$
2,140.00
10
$
24.00
$
240.00
10
$
71.00
$
710.00
10
$
214.00
$
2,140.00
10
$
30.00
$
300.00
10
$
91.00
$
910.00
10
$
272.00
$
2,720.00
10
$
21.00
$
210.00
10
$
63.00
$
630.00
10
$
90.00
$
900.00
10
$
161.00
$
1,610.00
3
80 Rental, Daily, Trench Box, End Member 6'
DA
10
$
9.00
$
90.00
81 Rental, Weekly, Trench Box, End Member 6'
WK
10
$
28.00
$
280.00
82 Rental, Montly, Trench Box, End Member 6'
MO
10
$
83.00
$
830.00
83 Rental, Daily, Trench Box, End Member 8'
DA
10
$
10.00
$
100.00
84 Rental, Weekly, Trench Box, End Member 8'
WK
10
$
31.00
$
310.00
85 Rental, Montly, Trench Box, End Member 8'
MO
10
$
92.00
$
920.00
86 Rental, Daily, Trench Box, End Member 10'
DA
30
$
12.00
$
120.00
87 Rental, Weekly, Trench Box, End Member 10'
WK
10
$
36.00
$
360.00
88 Rental, Montly, Trench Box, End Member 10'
MO
10
$
107.00
$
1,070.00
Rental, Daily, Trench Box, Modular Shield Panel
89 24" x 6'
DA
10
$
9.00
$
90.00
Rental, Weekly, Trench Box, Modular Shield
90 Panel 24" x 6'
WK
30
$
28.00
$
280.00
Rental, Monthly, Trench Box, Modular Shield
91 Panel 24" x 6'
MO
10
$
83.00
$
830.00
Rental, Daily, Trench Box, Modular Shield Panel
92 24" x 8'
DA
10
$
10.00
$
100.00
Rental, Weekly, Trench Box, Modular Shield
93 Panel 24" x 8'
WK
10
$
31.00
$
310.00
Rental, Monthly, Trench Box, Modular Shield
94 Panel 24" x 8'
MO
10
$
92.00
$
920.00
Rental, Daily, Trench Box, 2' Extension Legs
95 Package
DA
10
$
0.01
$
0.10
Rental, Weekly, Trench Box, 2' Extension Legs
96 Package
WK I
10
$
0.01
$
0.10
Rental, Monthly, Trench Box, 2' Extension Legs
97 Package
MO
10
$
0.01
$
0.10
Rental, Daily, Trench Box, Lifting Lugs For Build A
98 Box EA
DA
10
$
0.01
$
0.10
Rental, Weekly, Trench Box, Lifting Lugs For Build
99 A Box EA
WK
10
$
0.01
$
0.10
Rental, Monthly, Trench Box, Lifting Lugs For
100 Build A Box EA
MO
10
$
0.01
$
0.10
Rental, Daily, Trench Box, Lifting Eyes Lite Shield
101 Set
DA
10
$
0.01
$
0.10
Rental, Weekly, Trench Box, Lifting Eyes Lite
102 Shield Set
WK
10
$
0.01
$
0.10
Rental, Monthly, Trench Box, Lifting Eyes Lite
103 Shield Set
MO
10
$
0.01
$
0.10
Rental, Daily, Trench Box, Stacking Pins For
104 Aluminum Box
DA I
10
$
0.01
$
0.10
Rental, Weekly, Trench Box, Stacking Pins For
105 Aluminum Box
WK I
10
$
0.01
$
0.10
Rental, Monthly, Trench Box, Stacking Pins For
106 Aluminum Box
MO
10
$
0.01
$
0.10
Rental, Daily, Trench Box, Sling Chain 5/16" x 10'
107 4 Leg
DA
10
$
14.00
$
140.00
Rental, Weekly, Trench Box, Sling Chain 5/16" x
108 10' 4 Leg
WK
10
$
43.00
$
430.00
Rental, Monthly, Trench Box, Sling Chain 5/16" x
109 10' 4 Leg
MO
10
$
130.00
$
1,300.00
Rental, Daily, Trench Box, Sling Chain 3/8" x 14' 4
110 Leg
DA
10
$
19.00
$
190.00
Rental, Weekly, Trench Box, Sling Chain 3/8" x 14'
111 4 Leg
WK
10
$
56.00
$
560.00
Rental, Monthly, Trench Box, Sling Chain 3/8" x
112 14' 4 Leg
MO
10
$
168.00
$
1,680.00
n
113 Rental, Daily, Trench Box, Lifting Bridle 4 Let x 4'
DA
10
$
5.00
$
50.00
Rental, Weekly, Trench Box, Lifting Bridle 4 Let x
114 4'
WK
10
$
15.00
$
150.00
Rental, Monthly, Trench Box, Lifting Bridle 4 Let x
115 4'
MO
10
$
46.00
$
460.00
Rental, Daily, Trench Box, Spreader Bar Kit 8" x
11610'
DA
10
$
0.01
$
0.10
Rental, WEekly, Trench Box, Spreader Bar Kit 8" x
117 10'
WK
10
$
0.01
$
0.10
Rental, Monthly, Trench Box, Spreader Bar Kit 8"
118 x 10'
MO
10
$
0.01
$
0.10
119 Rental, Daily, Trench Box, Spreader Bar Pin 10"
DA
10
$
0.01
$
0.10
120 Rental, Weekly, Trench Box, Spreader Bar Pin 10"
WK
10
$
0.01
$
0.10
Rental, Monthly, Trench Box, Spreader Bar Pin
12110"
MO I
10
$
0.01
$
0.10
Rental, Daily, Trench Box, Stacking Pins For Steel
122 Box
DA +
10
$
0.01
$
0.10
Rental, Weekly, Trench Box, Stacking Pins For
123 Steel Box
WK
10
$
0.01
$
0.10
Rental, Monthly, Trench Box, Stacking Pins For
124 Steel Box
MO
10
$
0.01
$
0.10
Rental, Daily, Trench Box, Lifting Ring Swivel
1251.25"
DA I
10
$
0.01
$
0.10
Rental, Weekly, Trench Box, Lifting Ring Swivel
1261.25"
WK
10
$
0.01
$
0.10
Rental, Monthly, Trench Box, Lifting Ring Swivel
1271.25"
MO I
10
$
0.01
$
0.10
Rental, Daily, Trench Box, Crossing Plate Lift
128 Screw 1.25"
DA
10
$
0.01
$
0.10
(Rental, Weekly, Trench Box, Crossing Plate Lift
129 Screw 1.25"
WK
10
$
0.01
$
0.10
Rental, Monthly, Trench Box, Crossing Plate Lift
130 Screw 1.25"
MO
10
$
0.01
$
0.10
131IRental, Daily, Trench Box, Sling Chain 3/8" x 10'
DA
10
$
14.00
$
140.00
132 Rental, Weekly, Trench Box, Sling Chain 3/8" x 10'
WK
10
$
43.00
$
430.00
Rental, Monthly, Trench Box, Sling Chain 3/8" x
13310'
MO
10
$
130.00
$
1,300.00
Equipment Rental, High Clearance Arch, Modular
134 Shield, Per Day
DA
10
$
20.00
$
200.00
Equipment Rental, Arch Tube Extension, Maps,
135 60"- 84", Per Day
DA
30
$
5.00
$
50.00
136 Rental, Modular Shield Panel, 24"x10', Monthly
MO
10
$
12.00
$
120.00
137 Rental, Modular Shield Panel, 24"x4', Daily
DA
30
$
36.00
$
360.00
138 Rental, Modular Shield Panel, 24"x4', Weekly
WK
10
$
107.00
$
1,070.00
1391Set-Up Fee, if required
EA
1
$
25.00
$
25.00
BID SOLICITATION TOTAL (Input this total in
Price Submital Page 3 - Total Bid Amount box)
$
380,333.00
R
Name: Jeremy Chad Pendley,,
Signature:
Title: Territory Man germs
Date: December 21, 2023
IMPORTANT
1) A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Offerer does not wish to bid on
that item.
2) 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.
C
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, March 19, 2024 REFERENCE NO.: **M&C 24-0195
LOG NAME: 13P13PITB 24-0008 RENTAL OF SHORING & TRENCHING EQUIP LSJ WATER
SUBJECT:
(ALL) Authorize Execution of a Purchase Agreement with U. S. Shoring & Equipment Co. for Shoring
and Trenching Equipment Rentals in an Annual Amount Up to $1,510,000.00 and Authorize Four (4) One -
Year Renewal Options for the Same Annual Amount for the Water and Park and Recreation Departments
RECOMMENDATION:
It is recommended that the City Council authorize execution of a purchase agreement with U. S. Shoring &
Equipment Co. for shoring and trenching equipment rentals in an annual amount up to $1,510,000.00 and
authorize four (4) one-year renewal options for the same annual amount for the Water and Park and
Recreation Departments.
DISCUSSION:
The Water and Park and Recreation Departments approached the Purchasing Division for assistance with
securing an annual agreement for shoring and trenching equipment rentals and services. Under the
proposed agreement, the vendor will provide shoring and trenching equipment used to secure the sides of
trenches dug to make repairs on water and sewer mains. Purchasing Staff issued an Invitation to Bid 24-
0008 (ITB) that consisted of detailed specifications describing the minimum requirements for
various shoring and trenching equipment and rental services.
The ITB was advertised in the Fort Worth Star -Telegram on November 29, 2023, December 6, 2023,
December 13, 2023, and December 20, 2023. The City received two responses.
An evaluation panel consisting of representatives from the 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.
Vendor I1Evaluation Factors
I IIa• IIb• 1Ic• IId. OTotal Score
IU. S. Shoring & Equipment Co. II151I121I51140172 I
(United Rentals (North America), Inc. II15 I19 F4 Ill 129 I
Best Value Criteria
a. Bidders' qualifications, experience and references
b. Availability of resources and personnel to provide services
c. Bidder's ability to meet the City's needs
d. Cost of Services
After evaluation, the panel concluded that U. S. Shoring & Equipment Co. presented the best value and
will provide the necessary coverage for the City. Therefore, the panel recommends that Council authorize
an agreement with U. S. Shoring & Equipment Co. No guarantee was made that a specific amount of
services would be purchased. Staff certifies that the recommended vendor bid met specifications.
The maximum annual amount under these agreements will be $1,510,000.00. However, the actual
amount used will be based on the need of the department and the available budget. The annual
department allocation for these agreements is:
Departments IlAnnual Amount
Water 1$1,500,000.00
Park and Recreation J$10,000.00
Funding is budgeted in the equipment lease account within the Water & Sewer Fund for the Water
Department and the Operating Supplies account within the General Fund for the Park and Recreation
Department.
DIVERSITY AND INCLUSION (DVIN): 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 (4) 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 l CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budgets, as previously appropriated, in the Water & Sewer & General Funds. Prior to an
expenditure being incurred, the Water and Park & Recreation Departments have the responsibility to
validate the availability of funds.
BQNII
FUND IDENTIFIERS (FIDs):
TO
und Department I ccoun Project Program ctivity Budget Reference # moun F
ID 1 ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget
ID ID Year
CERTIFICATIONS:
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Reginald Zeno (8517)
Dana Burghdoff (8018)
Reginald Zeno (8517)
Chris Harder (5020)
Reference # Amount
(Chartfield 2)
Jo Ann Gunn (8525)
LaKita Slack -Johnson (8314)
1. 13P13PITB 24-0008 RENTAL OF SHORING TRENCHING EQUIP LSJ WATER funds avaiiability
updated.pdf (CFW Internal)
2. CoDv of FID TABLE Shorina Trenchina PARD.xlsx (CFW Internal)
3, FID Table for Shoring and Trenchina-FY24.xlsx (CFW Internal)
4. Ft Worth 1295.Ddf (CFW Internal)
5. Road Machinery & Supplies Co..Ddf (CFW Internal)
6. Waiver of Business Equity Goal -Shorinq-Trenching FY24.odf (CFW Internal)
CERTIFICATE OF INTERESTED PARTIES
FORM 7.295
loft
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. 2024-1109533
Road Machinery & Supplies / U.S. Shoring & Equipment
Fort Worth, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/08/2024
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.
24-0008
ITB Rental of Shoring and Trenching Equipment
Nature of interest
4
Name of Interested Party City, State, Country (place of business) (check applicable)
Controlling intermediary
Pendley, Chad Fort Worth, TX United States X
5 Check only if there is NO interested Party. ❑
6 UNSWORN DECLARATION �
My name is c/ �e .. tll P� l A (L1 and my date of birth is "91 /%o i' Ti J— .
My address is �l� 7G 5• i�ro�. L. 7/ �K! u S. ' ��.�:
(street) (City) (state) (zip coda) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in lm.,, County. State of , on the day of Jo-nd •+ yr 20.
(month) ( (year)
Si agent olAdntracting business entity
(oecla
Forms provided by Texas Ethics Commission www.ethics.state.tx.us �-� Version V3.5.1.0bfcfb67