HomeMy WebLinkAbout064204 - General - Contract - RDO Equipment Co.Vendor Services Agreement Page 1 of 17
VENDOR SERVICES AGREEMENT
_______________________________________________________________________
This NON-EXCLUSIVE 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 RDO Equipment Co (“Vendor”), each individually referred to as a “party” and
collectively referred to as the “parties.”
1.Scope of Services. Vendor shall provide construction equipment rental
services “Services”), as set forth in more detail in Exhibit “A,” attached hereto and incorporated
herein for all purposes.
2.Term. The initial term of this Agreement is for one year, beginning on the date
that this Agreement is executed by the City’s Assistant City Manager and expiring one year later,
unless terminated earlier in accordance with the 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) (each a “Renewal Term”).
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 Eight Hundred, Thousand
Dollars ($800,000.00). Vendor acknowledges that this is a non-exclusive agreement and there is
no guarantee of any specific amount of purchase. Further, vendor recognizes that the amount
stated above is the total amount of funds available, collectively, for any Vendor that enters into an
agreement with the City under the relevant M&C and that once the full amount has been
exhausted, whether individually or collectively, funds have therefore been exhausted under this
Agreement as well. 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-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and this Agreement 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.
City Secretary Contract No. _____________
Vendor Services Agreement Page 2 of 17
4.3 Duties and Obligations of the Parties. 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 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.Right 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.
City Secretary Contract No. _____________
Vendor Services Agreement Page 3 of 17
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 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 ANY AND ALL
CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING 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 Secretary Contract No. _____________
Vendor Services Agreement Page 4 of 17
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 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
City Secretary Contract No. _____________
Vendor Services Agreement Page 5 of 17
$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
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,
City Secretary Contract No. _____________
Vendor Services Agreement Page 6 of 17
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 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
100 Fort Worth Trail
Fort Worth, TX 76102
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney’s Office
at same address
To VENDOR:
RDO
Attn: Austin Walker, Governmental Sales
Professional
5301 Mark IV Parkway
Fort Worth, Texas 76131
City Secretary Contract No. _____________
Vendor Services Agreement Page 7 of 17
14.Solicitation of Employees. 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 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 Majeure. 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
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that any ambiguities are to be resolved against the drafting party will not be employed in the
interpretation of this Agreement or Exhibits A and B.
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 Nationality 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 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 Authority. 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
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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 Company 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 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.
30.Prohibition on Boycotting Energy Companies. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, 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 boycott energy
companies; and (2) will not boycott energy companies during the term of the contract. To the
extent that Chapter 2276 of the Government Code is applicable to this Agreement, by
signing this Agreement, Vendor certifies that Vendor’s signature provides written
verification to 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, 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. 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 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
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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)
City Secretary Contract No. _____________
Vendor Services Agreement Page 11 of 17
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: ___________________________
Name: Jesica McEachern
Title: Assistant City Manager
Date: _______________
APPROVAL RECOMMENDED:
By: ______________________________
Name: Chris Harder
Title: Water Director
ATTEST:
By: ______________________________
Name: Jannette Goodall
Title: City Secretary
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 Jones
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By: ______________________________
Name: Stephen Hines
Title: Sr. Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 25-0924
Form 1295: 2025-1337553
VENDOR:
RDO Equipment C
By:
Name: Austin Walker
Title: Governmental Sales Professional
Date: ______________, 2025
Vendor Services Agreement Page 12 of 17
EXHIBIT A
SCOPE OF SERVICES
SCOPE OF SERVICES
The City of Fort Worth (City) is requesting proposals from qualified firms to establish a contract
for construction equipment rental services for the Water Department per the descriptions and
specifications listed in this RFP.
Mobilization is defined as activation of a contractor's physical and manpower resources for
transfer to a construction site.
Historic spending for construction equipment rentals has been provided to assist bidders in the
preparation of their bid response. This information is provided for reference only and reflects
the spending under the prior bid. Please note that the previous award may have included non-
exclusive agreements with multiple vendors. Nothing in this solicitation should be construed as
the City making a guarantee of a specific amount of purchases of goods or services. The
previous spend for this requisition from fiscal year 2023 to fiscal year 2024 is $592,691.26.
1.0 PROPOSER REQUIREMENTS - Proposer shall:
1.1 Have a minimum of 3 (three) years of experience providing construction
equipment rental services similar or related to the Scope of Services.
1.2 Have and operate a full-time, permanent business address with the ability to
be reached by email and telephone.
2.0 CONSTRUCTION EQUIPMENT AND SERVICES
2.1 Vendor shall maintain all construction equipment in compliance with the
manufacturer’s recommendations.
2.2 Vendor shall ensure that the equipment is working within the manufacturer’s
guidelines before every delivery to a job site. This service must be provided at no
additional cost to the City.
2.3 Vendor shall respond to a request for emergency rental equipment within an hour
and get to the job site as soon as possible.
2.4 Vendor shall respond to rental equipment pick up request within two (2) hours and
provide a request confirmation. The City will not pay any additional rental costs
beyond when the vendor has been notified for pick up.
2.5 Vendor shall assume all risk and liability for accidents and damages that may occur
to persons or property during the prosecution of work under this Agreement. The
Vendor shall file with the City of Fort Worth Purchasing Division, prior to the
commencement of services, a
certificate of insurance documenting the following required insurance.
3.0 EQUIPMENT
3.1 Category 1 Equipment
3.1.1 Equipment listed is, but not limited to what the City may order Commercial
City Secretary Contract No. _____________
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 13 of 17
grade chainsaw, trimmer, push mower and blowers.
3.1.2 Extra Light Duty Agricultural Equipment
3.1.2.1 Equipment listed is, but not limited to what the City may order 01 to 25
HP tractor with comparable mower, tiller, aerator and etc.
3.2 Category 2 Equipment
3.2.1 Light Duty Tool & Equipment
3.2.1.1 Equipment listed is, but not limited to what the City may order Chop saws,
pneumatic brakers, rock drills, augers, generators, pneumatic grinders,
blowers, trash pumps, sewer rodder and etc.
3.2.2 Light Duty Agricultural Equipment
3.2.2.1 Equipment listed is, but not limited to what the City may order 26 to 50 HP
tractors with mower, brush hog and attachments.
3.3 Category 3 Equipment
3.3.1 Extra Light Duty Industrial Equipment
3.3.1.1 Equipment listed is, but not limited to what the City may order 01 to 25 HP
Generators, mini hydraulic excavators, small forklifts, walk-behind multi
terrain/skid steer loaders, soil compactors, walk-behind trenchers, walk-
behind saws and etc.
3.3.2 Regular Duty Agricultural Equipment
3.3.2.1 Equipment listed is, but not limited to what the City may order 51 to 75 HP
tractor 4X4 with mower, brush hog and attachments.
3.4 Category 4 Equipment
3.4.1 Light Duty Industrial Equipment
3.4.1.1 Equipment listed is, but not limited to what the City may order 26 to 51 HP
Generators, asphalt compactors, mini excavators, Forklifts, Multi Terrain/Skid
Steer Loaders, Soil Compactors and etc.
3.4.2 Medium Duty Agricultural Equipment
3.4.2.1 Equipment listed is, but not limited to what the City may order 76 to 100+
City Secretary Contract No. _____________
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 14 of 17
HP tractor 4X4 with mower, brush hog and attachments.
3.5 Category 5 Equipment
3.5.1 Regular Duty Industrial Equipment
3.5.1.1 Equipment listed is, but not limited to what the City may order 51 to 75
HP Generators, asphalt compactors, backhoes excavators, forklifts,
multi terrain/skid steer loaders, soil compactors, track loaders, wheel
loaders, dozers and etc.
3.5.2 Heavy Duty Agricultural Equipment
3.5.2.1 Equipment listed is, but not limited to what the City may order 101 to
120 HP tractor 4X4 with mower, brush hog and attachments.
3.6 Category 6 Equipment
3.6.1 Medium Duty Industrial Equipment
3.6.1.1 Equipment listed is, but not limited to what the City may order 76 to 100
HP Generators asphalt compactors, backhoes, excavators, forklifts,
graders, multi terrain/skid steer loaders, soil compactors, telehandlers,
track loaders, trenchers, wheel loaders, dozers and etc.
3.6.2 Extra Heavy Duty Agricultural Equipment
3.6.2.1 Equipment listed is, but not limited to what the City may order 121
to125+ HP tractor 4X4 with mower, brush hog and attachments.
3.7 Category 7 Equipment
3.7.1 Heavy Duty Industrial Equipment
3.7.1.1 Equipment listed is, but not limited to what the City may order 101 to 125
HP Generators asphalt compactors, backhoes, excavators, forklifts,
graders, multi terrain/skid steer loaders, soil compactors, telehandlers,
track loaders, trenchers, wheel loaders, dozers and etc.
3.8 Category 8 Equipment
3.8.1 Extra Heavy-Duty Industrial Equipment
3.8.1.1 Equipment listed is, but not limited to what the City may order 126 to
City Secretary Contract No. _____________
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 15 of 17
150+ Generators asphalt compactors, backhoes, excavators, forklifts,
graders, multi terrain/skid steer loaders, soil compactors, telehandlers,
track loaders, trenchers, wheel loaders, dozers and etc.
3.9 Unlisted Equipment
3.9.1 Unlisted Agricultural Equipment
3.9.1.1 Any equipment not specified above shall have the specifications
provided to the City for review and approval.
3.9.2 Unlisted Industrial Equipment
3.9.2.1 Any equipment not specified above shall have the specifications
provided to the City for review and approval.
4.0 DELIVERY
4.1 The equipment shall be delivered and installed between 8:00 a.m. to 5:00 p.m.,
Monday through Friday, unless otherwise requested by the Water Department
4.2 Emergency/After-hours hours shall be 5:00 p.m. to 7:30 a.m., Monday through
Friday, and all-day Saturday and Sunday.
4.3 The Vendor shall not deliver the equipment on City-observed holidays including:
4.3.1 New Year’s Day
4.3.2 Martin Luther King Jr. Day
4.3.3 Memorial Day
4.3.4 Juneteenth
4.3.5 July 4th
4.3.6 Labor Day
4.3.7 Thanksgiving Day and the following Friday
4.3.8 Christmas Day
5.0 WARRANTY
5.1 The City will not be responsible for any lost or damaged equipment unless City
employees are responsible.
5.2 If the Vendor fails to remedy any failure, defect, or damage within a reasonable time
after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or
otherwise remedy the failure, defect, or damage at the Vendor’s expense
5.3 Vendor agrees to repair or replace promptly, on a one-for-one basis without
additional cost to the City of Fort Worth, any and all defective work and products. The
City defines "prompt" repair or replacement to be within twenty- four (24) hours after
notification by authorized City personnel.
City Secretary Contract No. _____________
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 16 of 17
5.4 This warranty shall not include failures attributable to accident, fire, or negligence on
the part of City personnel.
5.5 The Vendor’s warranty with respect to products repaired or replaced will run for 90
days from date of installation and acceptance of such by the City.
Vendor Services Agreement Page 17 of 17
EXHIBIT B
PAYMENT SCHEDULE
BACKHOE LOADERS LIST Haul (each way) SCRAPER TRACTOR / PANS LIST Haul (each way) MOTOR GRADERS LIST Haul (each way)
310G/LEP $2,375 $750 9R 640 $18,480 $2,250 620G/GP $8,250 $750
310P/L $2,800 $750 2412 $4,950 $1,000 622G/GP $9,350 $750
310P/L EXT $2,850 $750 DOZERS LIST Haul (each way)670G/GP $10,175 $750
320P/ 310SL $3,250 $750 SmartGrade700/750/850 add $3500 NO COST W/ MACHINE 672G/GP $11,880 $750
410P/L $3,500 $750 450P/K Rops 70/16K $4,950 $1,250 770G/GP $12,000 $750
710P/L $5,400 $750 550P/K Cab/Rops $5,692 $1,250 772G/GP $12,870 $750
650P/K Cab $6,435 $1,250 872G/GP $15,070 $750
ADDITIONAL BACKHOE BUCKET $350 NO COST W/ MACHINE 700K/L Cab 115/26K $8,360 $1,500 SMARTGRADE plus $3500 NO COST W/ MACHINE
BACKHOE FORKS $350 NO COST W/ MACHINE 750K/LCab 145/33K $9,570 $1,500 ADT LIST Haul (each way)
COMPACTION WHEEL $650 NO COST W/ MACHINE 850K/L Cab 185/49K $12,540 $1,500 260P/E $13,145 $750
PLATE COMPACTOR $1,950 NO COST W/ MACHINE 850K Cab/Side Boom $19,635 $1,500 370P/E $17,545 $1,250
310P/L with orv1300 $5,600 $750 950K Cab $18,150 $2,250 410P/E- $19,360 $1,250
320P/310SL W/R orv1300 or top90 $6,500 $750 1050K Cab317/95K $20,900 $2,250 460P/E- $20,570 $1,250
410P/L W/R orv1300 or top90 $7,000 $750 SAKAI/HAMM LIST Haul (each way)
EXCAVATORS LIST Haul (each way)SV204D/T $3,135 $750
75/85P/G $3,355 $750 WHEEL LOADERS LIST Haul (each way)SV414D/T $3,850 $750
130P/G 90/30k $5,900 $1,250 204G/K 59/11k/ $2,640 $750 SV544D/T $6,215 $750
135P/G 90/30K $6,160 $1,250 304G/K 64/12k/ $2,860 $750 SW354-double drum $2,530 $750
160G/P $6,200 $1,250 324L/K 75/13K/1.4CY $3,580 $750 SW504W double drum $4,675 $750
190G W - wheeled $7,920 $1,250 344L/K $3,850 $750 SW880-double drum $6,820 $750
200G $7,200 $1,250 444K/L/P 125/23K/2.5CY $5,700 $750 SW990-double drum $7,150 $750
210P/G $7,920 $1,250 524K/L/P 145/27K/2.75CY $6,270 $750 GW754-pnuematic $6,985 $750
245P/G $8,250 $1,750 544K/L/P/G 160/28K/3CY $6,831 $750 HD8VV $2,000 $750
250P/G $8,500 $1,750 624K/L/P 180/32K/3.5CY $7,480 $750 H5I $3,135 $750
300P/G $9,570 $1,750 644K/L/P/G/X 180/34K/4.25 $8,635 $750 H10I/P $6,215 $750
300P/G LONG REACH $10,500 $1,750 724K/L/P 250/41K/5CY $12,000 $1,250 GATORS LIST Haul (each way)
345P/G $9,900 $1,750 744K/P 290/52K/5.25CY $12,650 $1,250 835M Gator $1,080 $750
350P/G $10,780 $1,750 824K/P 315/69K/6.75 $13,200 $1,250 835M (HVAC) $1,430 $750
380P/G $11,220 $1,750 844K/P 380/68K/7.75CY $15,950 $1,250 865M $1,150 $750
470P/G $15,290 $2,500 944K/X 536/117K/9CY $25,850 $4,500 865M (HVAC) $1,670 $750
670P/G $25,080 $3,500 LOADER FORKS ADD $770 NO COST W/ MACHINE
870P/G $31,570 $6,000 CRAWLER LOADERS LIST Haul (each way)
EXCAVATOR ATTACHMENTS LIST Haul (each way)655K 130/34K $8,470 $750
KRYPTO KLAW OR THUMB $1,155 NO COST W/ MACHINE 755K 180/47K $10,450 $750
ADDITIONAL EXCAVATOR BUCKET $880 NO COST W/ MACHINE
EXC. TRENCH ROLLER $1,155 NO COST W/ MACHINE LANDSCAPE LOADER LIST Haul (each way)
COMPACTION WHEEL $1,155 NO COST W/ MACHINE 210L LANDSCAPE LDR $2,200 $750
EXCAVATOR'S WITH LIST Haul (each way) SUPERIOR BROOMS LIST Haul (each way)
210P/G TOP 205 HMR $15,840 $1,250 DT74J $3,500 $750
250P/G TOP270 HMR $17,000 $1,750 COMPACT CONSTRUCTION LIST Haul (each way)
300P/G TOP270 HMR $19,140 $1,750 35P Mini-Excavator $2,800 $750
350P/G TOP300 HMR $21,560 $1,750 325G Skid Steer $3,395 $750
470P/G TOP400 HMR $30,580 $2,500 333P Skid Steer $3,700 $750
WATER TRUCK LIST Haul (each way)333P Skid Steer (3D Smart Grade) $7,800 $750
260P/E 4000 GAL $16,170 $750 CCE ATTACHMENTS LIST Haul (each way)
410P/E 8000 GAL $18,645 $1,000 Grapple Bucket $1,380 NO COST W/ MACHINE
460P/E 9000 GAL $19,745 $1,000 Forks $250 NO COST W/ MACHINE
WATER TOWER 12K Gal $2,500 $750 Auger (Please specify bit size at time of order) $630 NO COST W/ MACHINE
RENTAL RATE SHEET 2025 (Prices listed are monthly)
10/2/25, 9:39 AM
CITY COUNCIL AGENDA
Create New From This M8�C
DATE: 9/30/2025 REFERENCE **M&C 25-
NO.: 0924
CODE: P TYPE: CONSENT
M&C Review
F��T��o�7��
-��-
LOG NAME:
PUBLIC
HEARING:
13PRFP25-0135
CONSTRUCTION
EQUIPMENT RENTALS
�
SUBJECT: (ALL) Authorize Execution of Non-Exclusive Agreements for Equipment Rental with Herc
Rentals Inc, RDO Equipment Co, and United Rentals (North America), Inc in an Annual
Amount Up to $800,000.00 for the Initial Term and Authorize Four One-Year Renewal
Options for the Same Amount for the Water Department
RECOMMENDATION:
(ALL) Authorize Execution of Non-Exclusive Agreements with Herc Rentals Inc, RDO Equipment Co,
and United Rentals (North America), Inc in an Annual Amount Up to $800,000.00 for the Initial
Term and Authorize Four One-Year Renewal Options for the same amount for the Water Department.
DISCUSSION:
The Water Department approached the Purchasing Division to secure an agreement for construction
equipment rental services. Under the proposed agreement, the vendor will rent out construction
equipment to the Water Department.
Purchasing Staff issued Request for Proposal (RFP) Number 25-0135. The RFP consisted of detailed
specifications describing the responsibilities and requirements to provide these services. The RFP
was advertised in the Fort Worth Star-Telegram on April 30, 2025, May 14, 2025, and May 21,
2025. The City received six (6) submissions.
An evaluation panel consisting of representatives from the Water Department reviewed and scored
the submittal using Best Value criteria. Izy Global was deemed non-responsive. Greenville Enterprise
LLC was deemed non-responsible as they did not score at least 50\% or more of the total points
available for the technical criteria necessary for price evaluation. The individual scores were averaged
for each of the criteria, and the final scores are listed in the table below.
Proposers
Evaluation Factors
a. b. c. d. Total
RDO Equipment 30 23 15.33 7.33 75.67
H&E Equipment Services, Inc. 13.08 23 17.33 7.33 60.75
United Rentals (North America), Inc. 13.95 22 14.67 8 58.61
Herc Rentals Inc. 13.08 23 16.00 7.33 59.41
Greenville Enterprises Ilc 6.48 16 13.33 5.67 41.48
The RFP document specified the use of the following Best Value Criteria:
a. Cost
b. Qualifications and Experience
c. Approach to perform services
d. Ability to meet the City's needs
After evaluation, the panel concluded that H&E Equipment Services, Inc, Herc Rentals Inc, RDO
Equipment, and United Rentals (North America), Inc, presented the best value for the City. On June
2, 2025, Herc Rentals acquired H&E Equipment Services, Inc. Therefore, the panel recommends that
apps.cfwnet.org/council_packet/mc_review.asp?ID=33784&councildate=9/30/2025 1 /2
10/2/25, 9:39 AM
M&C Review
the City Council authorize the execution of non-exclusive agreements with Herc Rentals Inc, RDO
Equipment, and United Rentals (North America), Inc. No guarantee was made that a specific amount
of services would be purchased.
FUNDING: The maximum annual amount allowed under this agreement will be $800,000.00;
however, the actual amount used will be based on the needs of the department and available
budget. Funding is budgeted in the General Operating & Maintenance category in the Water & Sewer
Fund for the Water Department.
AGREEMENT TERMS: Upon City Council approval, this agreement shall begin October 1, 2025, and
expire four years from that date.
RENEWAL TERMS: This Agreement may be renewed at the City's option for four, one-year terms.
This action does not require City Council approval provided that the City Council has appropriated
sufficient funds to satisfy the City's obligations during the renewal terms.
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.
The bid was issued before September 1 st, preceding the implementation of the Small Business Goal.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the Water & Sewer Fund to support the approval of the above
recommendation and execution of the agreement. Prior to any expenditure being incurred, the Water
Department has the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2) ,
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Reginald Zeno (8517)
Jesica McEachern (5804)
Reginald Zeno (8517)
Christopher Harder (5020)
Haven Wynne (8525)
Aiyanna Owens (8317)
13PRFP25-0135 CONSTRUCTION EQUIPMENT RENTALS fund avail.docx (CFW Internal)
FID TABLE CONSTRUCTION EQUIP FY26.xlsx (CFW Internal)
Herc-1295.pdf (CFW Internal)
RDO 1295.pdf (CFW Internal)
United Rentals 1295.pdf (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp?ID=33784&councildate=9/30/2025 2/2
CERTIFICATE OF INTERESTED PARTIES FORnn 1295
lofl
Complete Nos. l- 4 and s if there are interested parties. OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and s if there are no interested parties. CERTIFICATION OF FILING
i Name of business entiry filing form, and the city, state and country of the business entitys place Certificate Number:
of business. 2025-1337553
RDO EQUIPMENT COMPANY
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 07/1612025
being filed.
CITY OF FORT WORTH Date Acknowledged:
3 Provide the identification number used by the governmental en6ty or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 25-0135 Construction Equip
RFP 25-0135 Construction Equipment Rentals
4 Nature of interest
Name of Interested Party Ciry, 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 �� , and my date of birth is o8/v9/�99v
My address is V � / �Q`(�/l�.l� /�!/'ftCC , , �C , !wly�, �_
(city (state) (zip code) (counUy)
I declare under penalry of perjury that the foregoing is true and correct.
Executed in � QQ/f11%% County, State of , on the �day of V L 20�.
(month) (year)
Si re nzed agent o cont � g business en6ty
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.bc.us Version V4.1.O.f10dOfd8