HomeMy WebLinkAboutContract 59717-A1CSC No. 59717-A1
AMENDMENT NO. 1
TO CITY OF FORT WORTH CONTRACT 59717
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), and Herc Rentals, Inc. ("Vendor"). City and Vendor may be referred to individually
as a Party and collectively as the Parties.
WHEREAS, on July 5, 2023, the Parties entered into City Secretary Contract 59717
(M&C 23-0452) in the amount of $105,000 for Vendor to provide construction equipment rental
services for City departments ("Agreement"); and
WHEREAS, the Agreement was renewed in the amount of $105,000 on June 26, 2024
(CSC 59717 R-1); and
WHEREAS, the City's bid documents specified that services to be provided were non-
exclusive and multiple contracts have been awarded for these services; and
WHEREAS, the City's practice for non-eXclusive agreements is to award the full
compensation authority in each contract with the expenditures managed by staff; and
WHEREAS, the original amount authorized by M&C 23-0452 for the non-exclusive
contracts is the amount of $350,000, which is subject to increases as allowed by state law and City
Code; and
WHEREAS, it is the collective desire of both Fort Worth and Vendor to properly state
the non-eXclusive status in Paragraph 3, Compensation, in the Agreement; and
WHEREAS, the City desires to revise the compensation recited in Paragraph 3 of the
Agreement to reflect that Vendor is contracting for up to $350,000, as shared among the several
other eligible vendors; and
WHEREAS, the City and Vendor desire to amend the first renewal of the Agreement to
reflect the increased contract value up to $350,000; and
WHEREAS, The City desires to increase the amount Vendor may receive for its services
to $425,000.00, which is the total amount of funds available, collectively, for all vendors that
entered into respective agreements with the City pursuant to M&C (23-0452); and
WHERAS, Vendor acknowledges that once the full amount of funding has been
exhausted, whether individually or collectively, funds will have been exhausted for all agreements;
and
WHEREAS, Vendor acknowledges that there is no guarantee of any specific amount of
purchases by City under the Agreement.
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement which amends the Agreement:
1. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Paragraph 3, Compensation, of the Agreement is hereby amended to read as follows:
City shall pay Vendor in accordance with the provision of this Agreement and Exhibit
"B", Price Schedule, which is attached hereto and incorporated herein for all purposes.
Total payment made under this Agreement shall be in the amount up to Three Hundred
and Fifty Thousand Dollars ($350,000.00). Vendor shall not perform any additional
services 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. City agrees to pay all invoices of Vendor within thirty days of receipt
of such invoice.
2.
Renewal No. 1 to Ori in� al A�reement: The first renewal of the A�reement, dated Ma,�2,
2024, is hereby amended to reflect the full eligible contract value of $350,000 and wherever
references to $105,000 are made, those shall be re�laced bv the amount of $350,000. Renewal
No. 1 remains in full force and effect as amended herebv.
3.
The City has authorized additional funding for this Agreement, as renewed, and collectively
for all other agreements awarded pursuant to M&C 23-0452, in the amount of $75,000.
Therefore, the City and Vendor desire to hereby amend the Agreement, as renewed, to reflect
an increased potential contract amount of $425,000.
�
All other provisions of the Agreement, as renewed, which are not expressly amended herein shall
remain in full force and effect.
[Signature Page Follows]
CITY OF FORT WORTH:
�
By:
WilliamJohnson(F b3,20251247CST)
Name: William Johnson
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
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B�7: Christopher H rder (Jan 31, 2025 06:46 CST)
Name: Christopher Harder
Title: Director
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By: J
Name: Jannette Goodall
Title: City Secretary
Vendor: Herc Rentals, Inc.
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By: �w�,— C�' %�- � ; _
N,a�me: Jason Oosterbeek
'�frtle: Vice President
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: '�eyti�ca �
Name: Regina Jones
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
i
��4.Y1�—
Douglas 61ack (Jan 31, 2025 1Z28 CST)
Name: Doug Black
Title: Sr. Assistant City Attorney
M&C: 23-0452
1295-2023-1023169
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
REFERENCE **M&C 23- 13P ITB 23-0040 RENTAL OF
DATE: 6/13/2023 NO.: 0452 LOG NAME: CONSTRUCTION EQUIPMENT
AW WATER
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
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
H&E Equipment Services, Inc
Herc Rentals Inc.
Evaluation Factors
a b � d Total score
18.67 20.00 15.33 34.00
13.33 19.17 14.67 31.41
:: 11
.
. .
.. .
.
United Rentals (North America), Inc. 17.33 20.83 16.67 35.00
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\\
TO
Fund �
Fund
Department Account Project � Program � Activity Budget � Reference # Amount
ID _ ID _, � Year (Chartfield 2)
Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Reginald Zeno (8517)
Dana Burghdoff (8018)
Reginald Zeno (8517)
Christopher Harder (5020)
Jo Ann Gunn (8525)
Alyssa Wilkerson (8357)
ATTACHMENTS
13P ITB 23-0040 RENTAL OF CONSTRUCTION EQUIPMENT AW WATER funds
availability.pdf (CFW Internal)
Business Equity Waiver BU60.pdf (CFW Internal)
FID TABLE CONSTRUCTION EQUIP.xlsx (CFW Internal)
Form 1295 - H&E Equipment Services, Inc..pdf (CFW Internal)
Form 1295 - Herc Rentals.pdf (CFW Internal)
Form 1295 - United Rentals (North America), Inc.pdf (CFW Internal)
SAMs Report- H&E Equipment Services, Inc.pdf (CFW Internal)
SAMs Report- Herc Rentals, Inc..pdf (CFW Internal)
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. 2023-1023169
Herc Rentals Inc.
Bonita Springs, FL 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:
g 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
Rental of Construction Equipment
Nature ofinterest
4
Name of Interested Party City, State, Country (place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is Jason Oosterbeek , and my date of birth is 10/11 /1976
My address is 2�500 Riverview Center Blvd Bonita Springs FL , 34134 , US
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Lee County, State of F� , on the 19th day of MaY , 20 23 .
(month) (year)
oc��z! C / �"� -
ignature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.a18ea2ca