HomeMy WebLinkAbout064525 - General - Contract - Herc Rentals, Inc.CSC No. 64525
��� �����
VENDOR SERVICES AGREEMENT
This NON-EXCLUSIVE VENDOR SERVICES AGREEMENT ("AgreemenY') is made and
entered into by and between the CITY OF FORT WORTH ("City"), a Texas home-rule municipal
corporation, acting by and through its duly authorized Assistant City Manager, and Herc
Rentals Inc. (Vendor"), each individually referred to as a"party" and collectively referred to as the
"parties." For any Services or Deliverables provided under this Agreement which are comprised of
equipment rentals then the Supplemental Terms and Conditions for the Rental of Equipment
attached hereto as Exhibit C, shall be incorporated and govern all such transactions.
1. Scope of Services. Vendor shall provide construction equipment rental services
("Services"), which are set forth in more detail in Exhibit "A"— Scope of Services, 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 this Agreement ("Initial Term"). City will have the
optiorm 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-Approariation 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
Vendor Services Agreement Page 1 of 17
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 Obliqations 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 records held or maintained for 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 to the Texas Attorney General. 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. Riqht 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.
Vendor Services Agreement Page 2 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, or contractors.
8. Liabilitv and Indemnification.
8.1 LIABIL/TY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, BUT NOT LIM/TED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY
K/ND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED
BY THE NEGLIGENT ACT(S) OR OMISSION(S) OF VENDOR, ITS OFF/CERS,
REPRESENTATIVES, 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, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND
AGA/NST ANY AND ALL TH/RD-PARTY CLAIMS OR LAWSU/TS OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUS/NESS
AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUD/NG, BUT
NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARIS/NG OUT OF OR IN
CONNECTION WITH TH/S AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS, ITS OFF/CERS, AGENTS, REPRSENTATIVES,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY /NDEMNIF/CAT/ON — VENDOR AGREES
TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY CLA/M OR
ACTION AGA/NST CITY FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT,
TRADE MARK, TRADE SECRET, OR SIM/LAR PROPERTY R/GHT AR/S/NG FROM
CITY'S USE OF THE SOFTWARE OR DOCUMENTATION /N ACCORDANCE WITH
TH/S AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND,
SETTLE OR PAY W/LL NOT APPLY IF C/TY MOD/FIES OR MISUSES THE
SOFTWARE AND/OR DOCUMENTATION. SO LONG AS VENDOR BEARS THE COST
AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGA/NST C/TY
PURSUANT TO TH/S SECT/ON, VENDOR WILL HAVE THE R/GHT 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 R/GHT TO FULLY PARTIC/PATE IN ANY
AND ALL SUCH SETTLEMENT. NEGOT/AT/ONS. OR LAWSUIT AS NECESSARY TO
Vendor Services Agreement Page 3 of 17
PROTECT C/TY'S /NTEREST, AND C/TYAGREES TO COOPERATE WITH VENDOR /N
DOING SO. IN THE VENT CITY, FOR WHATEVER REASON, ASSUMES THE
RESPONSIBILITY FOR PAYMENT OF COSTS AND EXPENSES FOR ANY CLAIM OR
ACT/ON BROUGHT AGAINST C/TY FOR INFR/NGEMENT ARIS/NG UNDER THIS
AGREEMENT, C/TY W/LL HAVE THE SOLE RIGHT TO CONDUCT THE DEFENSE OF
ANY SUCH CLA/M OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR
COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM; HOWEVER,
VENDOR W/LL FULLY PARTICIPATE AND COOPERATE W/TH CITY IN DEFENSE OF
SUCH CLAIM OR ACTION. C/TY AGREES TO GIVE VENDOR TIMELY WRITTEN
NOTICE OF ANY SUCH CLAIM OR ACT/ON, WITH COPIES OF ALL PAPERS C/TY
MAY RECEIVE RELAT/NG THERETO. NOTWITHSTAND/NG THE FOREGOING,
CITY'S ASSUMPTION OF PAYMENT OF COSTS OR EXPENSES WILL NOT
EL/MINATE VENDOR'S DUTY TO INDEMNIFY C/TY UNDER TH/S AGREEMENT. IF
THE SOFTWARE AND/OR DOCUMENTATION OR ANY PART THEREOF IS HELD TO
INFR/NGE AND THE USE THEREOF /S ENJO/NED OR RESTRA/NED OR, IF AS A
RESULT OF A SETTLEMENT OR COMPROMISE, SUCH USE /S MATERIALLY
ADVERSELY RESTR/CTED, VENDOR W/LL, AT /TS OWN EXPENSE AND AS CITY'S
SOLE REMEDY, EITHER: (A) PROCURE FOR C/TY THE RIGHT TO CONT/NUE TO
USE THE SOFTWARE AND/OR DOCUMENTATION; OR (B) MODIFY THE SOFTWARE
AND/OR DOCUMENTATION TO MAKE IT NON-INFRING/NG, PROV/DED THAT SUCH
MOD/FICATION DOES NOT MATERIALLY ADVERSELY AFFECT C/TY'S
AUTHOR/ZED USE OF THE SOFTWARE AND/OR DOCUMENTATION; OR (C)
REPLACE THE SOFTWARE AND DOCUMENTAT/ON WITH EQUALLY SUITABLE,
COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON-INFR/NGING SOFTWARE
AND DOCUMENTAT/ON AT NO ADDITIONAL CHARGE TO CITY; OR (D) IF NONE OF
THE FOREGO/NG ALTERNATIVES IS REASONABLY AVAILABLE TO VENDOR
TERM/NATE THIS AGREEMENT, AND REFUND ALL AMOUNTS PA/D TO VENDOR
BY CITY, SUBSEQUENT TO WH/CH TERMINAT/ON CITY MAY SEEK ANY AND ALL
REMED/ES AVAILABLE TO CITY UNDER LAW.
9. Assiqnment and Subcontractinq.
9.1 Assiqnment. 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 and Assignee will be jointly liable for all
obligations of Vendor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, 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 Coveraqe and Limits
Vendor Services Agreement Page 4 of 17
(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
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 Reauirements
(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, 100 Fort Worth Trail, Fort Worth,
Texas 76102, with copies to the Fort Worth City Attorney at the same
address.
Vendor Services Agreement Page 5 of 17
(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.
(fl 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. Comaliance with Laws, Ordinances, Rules and Reaulations. 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 or (2) 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
To VENDOR:
Herc Rentals, Inc.
Attn: Jason Oosterbeek
Address: 27500 Riverview Center Blvd.
Bonita Springs, FL 34134
With copy to the Fort Worth City Attorney's
Office at the same address
14. Solicitation of Emplovees. 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.
Vendor Services Agreement Page 6 of 17
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. Governina 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. Severabilitv. 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 the
notice section of this Agreement.
20. Headinas Not Controllinq,. 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, including the attached exhibits.
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. Entiretv of Aqreement. This Agreement, including the attached exhibits, contains
the entire understanding and agreement between City and Vendor, their assigns and successors
in interest, as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is
hereby declared null and void to the extent in conflict with any provision of this Agreement.
Vendor Services Agreement Page 7 of 17
24. 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.
25. Warrantv 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.
26. Immiaration and 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 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.
27. 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.
28. Siqnature 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.
29. Chanqe in Companv 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
Vendor Services Agreement Page 8 of 17
merger or acquisition agreement. Failure to provide the specified documentation may adversely
impact invoice payments.
30. 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 this Agreement. The terms "boycott Israel" and "company" have the
meanings ascribed to those terms in Chapter 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.
31. Prohibition on Bovcottina Enerav Companies. 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 2276 of the Texas Government Code, 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 Vendor that it: (1) does
not boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement. 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 the City that Vendor: (1) does not boycott energy companies; and (2)
will not boycott energy companies during the term of this Agreement.
32. Prohibition on Discrimination Aqainst Firearm and Ammunition Industries.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this
section does not apply. Vendor acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code, 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 Vendor 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 this Agreement 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 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.
33. Electronic Siqnatures. 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.
(signature page follows)
(remainder of this page intentionally left
blank)
Vendor Services Agreement Page 9 of 17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
�'
���,< _ �
By:
O1/05/2026
Name: Jesica McEachern
Title: Assistant City Manager
VENDOR:
Herc Rentals, Inc.
� � �
By: �� G-:�-����
Name:� ason Oosterbeek
Title:' Vice President
Date:
Date: 12/29/2025
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
Ch �is�to� he►� �-a►�d e►�
By• Christopher Harder (De 29.2025 15:30:43 CST)
Name: Chris Harder
Title: Water Director
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.
Attest:
(��� � ���
By:
Name: Jannette Goodall
Title: City Secretary
Contract Authorization:
M&C: M&C NUMBER 25-0924
Date M&C Approved: 9-30-25
Form 1295: 2025-1337636
By: �
Name: Regina Jone
Title: Contract Compliance Specialist
Approved as to Form and Legality:
��_
gy. Stephen Hines (Dec 30, 2025 14:31:37 CST)
Name: Steve Hines
Title: S r. Assistant City Attorney
Vendor Services Agreement Page 10 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
Vendor Services Agreement Page 12 of 32
City Secretary Contract No.
3.1 Category 1 Equipment
3.1.1 Equipment listed is, but not limited to what the City may order
Commercial 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
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 13 of 32
City Secretary Contract No.
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+ 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
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 14 of 32
City Secretary Contract No.
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 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
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 15 of 32
City Secretary Contract No.
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.
5.4 This warrantv shall not include failures attributable to accident, fire, or
negligence on ti�e �art of i:,i'ry 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.
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 16 of 32
EXHIBIT B
PAYMENT SCHEDULE
Vendor Services Agreement Page 12 of 17
Not Bidding
Not Bidding
Not Bidding
Success: All
values
provided
Success: All
values
provided
No Equipment
#1-1 Rental, 14"
Bid Metal Chop
Saw, Monthly
No Equipment
#1-2 Rental, 14"
B�d Metal Chop
Saw, Weekly
No Equipment
#1-3 Rental, 14"
Bid Metal Chop
Saw, Daily
Equipment
Bjd #1-4 Rental, 65 LB
Air Hammer,
Monthly
Bid #1-5 Equipment
Rental, 65 LB
MO 1
WK 1
DA 1
MO 1 $ 441.00
W K 1 $ 205.00
APT 160
OR
EQUAL
APT 160
OR
EQUAL
$ 441.00
$ 205.00
Vendor Services Agreement Page 17 of 32
Project Ref# 25-0135; Construction
Equipment Rentals
City Secretary Contract No.
Air Hammer,
Weekly
Success: All Equipment APT 160
values Bjd #1-6 Rental, 65 LB DA 1 $ 61.00 OR
provided Air Hammer, EQUAL
Daily
Equipment HONDA
Success: All Rental 5000 EB5000XK
values Bjd #1-7 ' MO 1 $ 609.00
provided Watt 31 OR
Generator, EQUAL
Monthly
Equipment HONDA
Success: All Rental 5000 EB5000XK
values Bld #1-8 ' WK 1 $ 294.00
provided Watt 31 OR
Generator, EQUAL
Weekly
Equipment HONDA
Success: All Rental 5000 EB5000XK
values Bjd #1-9 ' DA 1 $ 79.00
provided Watt 31 OR
Generator, EQUAL
Daily
Success: All Equipment WACKER
values Bjd #1- Rental, 2" Gas MO 1 $ 504.00 PT2A OR
provided �� Trash Pump, EQUAL
Monthly
Success: All Equipment WACKER
values Bjd #1- Rental, 2" Gas DA 1 $ 71.00 PT2A OR
provided � � Trash Pump, EQUAL
Daily
$ 61.00
$ 609.00
$ 294.00
$ 79.00
$ 504.00
$ 71.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 18 of 32
City Secretary Contract No.
Equipment MULTIQUI
Success: All P
#1- Rental, 36 KW $
values BICI Diesel MO 1 1,712.00 DCA45SS1
provided � 2 U4F OR
Generator, EQUAL
Monthly
Equipment MULTIQUI
Success: All P
#1- Rental, 36 KW
values B jd WK 1 $ 798.00 DCA45SS1
provided � 3 Diesel U4F OR
Generator, EQUAL
Weekly
Equipment MULTIQUI
Success: All P
#1- Rental, 36 KW
values Bld DA 1 $ 315.00 DCA45SS1
provided 14 Diesel U4F OR
Generator, EQUAL
Daily
Equipment
Success: All TAKEUCHI
values B�d #1- Rental, 3,500 MO 1 � TB216 OR
provided
15 LB Mini 1,859.00 EQUAL
Excavator,
Monthly
Equipment
Success: All #1- Rental 3 500 TAKEUCHI
values Bld '' WK 1 $ 887.00 TB216 OR
provided 16 LB Mini EQUAL
Excavator,
Weekly
Equipment
Success: All #1- Rental 3 500 TAKEUCHI
values B jd '' DA 1 $ 326.00 TB216 OR
provided 17 LB Mini EQUAL
Excavator,
Daily
$ 1,712.00
$ 798.00
$ 315.00
$ 1,859.00
, .. ��
�..
$ 326.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 19 of 32
City Secretary Contract No.
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Equipment TOYOTA
#�- Rental, 3000 $ 40-
B�d 18 LB Ind Forklift MO 1 1,313.00 $FGU15
OR
Gas/Propane, EQUAL
Monthly
Equipment
B�d #1- Rental, 3000 WK
19 LB Ind Forklift
Gas/Propane,
Weekly
Equipment
Bid #1- Rental, 3000 DA
20 LB Ind Forklift
Gas/Propane,
Daily
TOYOTA
40-
1 $ 578.00 8FGU15
OR
EQUAL
TOYOTA
40-
1 $ 231.00 8FGU15
OR
EQUAL
Equipment
#1- Rental, 500 LB $
B�d 2� DSL Track Mini MO 1 1,916.00
Skidsteer,
Monthly
TORO
TX525-N
OR
EQUAL
Equipment TORO
B�d #1- Rental, 500 LB WK 1 $ 845.00 TX525-N
22 DSL Track Mini OR
Skidsteer, EQUAL
Weekly
Equipment TORO
B�d #1- Rental, 500 LB DA 1 $ 284.00 TX525-N
23 DSL Track Mini OR
Skidsteer, EQUAL
Daily
$ 1,313.00
$ 578.00
$ 231.00
$ 1,916.00
$ 845.00
$ 284.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 20 of 32
City Secretary Contract No.
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Equipment MULTIQUI
Rental, p
Bld 24 Jumping Jack MO 1 $ 457.00 MTX70HD
Tamper, 160- oR
175 LB, EQUAL
Monthly
Equipment MULTIQUI
Rental, p
Bld 25 Jumping Jack WK 1 $ 257.00 MTX70HD
Tamper, 160- oR
175 LB, EQUAL
Weekly
Equipment MULTIQUI
P
B�d #1- Rental, DA 1 $ 92.00 MTX70HD
26 Jumping Jack OR
Tamper, 160- EQUAL
175 LB, Daily
Equipment BARRETO
#1- Rental, 36" $ E2036RTK
B�d 27 Walk Behind MO 1 1,260.00 H-4S OR
Trencher, EQUAL
Monthly
Bid #�-
28
Equipment
Rental, 36"
Walk Behind
Trencher,
Weekly
BARRETO
WK 1 $ 693.00 E2036RTK
H-4S OR
EQUAL
Bid #�-
29
Equipment
Rental, 36"
Walk Behind
Trencher, Daily
BARRETO
DA 1 $ 247.00 E2036RTK
H-4S OR
EQUAL
$ 457.00
$ 257.00
$ 92.00
$ 1,260.00
$ 693.00
$ 247.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 21 of 32
City Secretary Contract No.
Equipment WACKER
Success: All #1- Rental 36" $ RD12L-90
values B�d 30 Double Drum MO 1 1,575.00 OR
provided EQUAL
Ride On Roller,
Monthly
Equipment WACKER
Success: All #1- Rental 36" RD12L-90
values B�d 31 Double Drum WK 1 $ 641.00 OR
provided EQUAL
Ride On Roller,
Weekly
Equipment WACKER
Success: All #1- Rental 36" RD12L-90
values B�d 32 Double Drum DA 1 $ 226.00 OR
provided EQUAL
Ride On Roller,
Daily
Success: All Equipment BOBCAT
values B�d 33 Rental, 1500 Ib MO 1 1,628.00 S570 OR
provided Skidsteer, EQUAL
Monthly
Success: All Equipment BOBCAT
values B�d 34 Rental, 1500 Ib WK 1 $ 630.00 S570 OR
provided Skidsteer, EQUAL
Weekly
Success: All Equipment BOBCAT
values Bjd #1- Rental, 1500 Ib DA 1 $ 252.00 S570 OR
provided 35 Skidsteer, EQUAL
Daily
$ 1,575.00
$ 641.00
$ 226.00
$ 1,628.00
$ 630.00
$ 252.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 22 of 32
City Secretary Contract No.
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Equipment
Bid #1- Rental, Plate
36 Tamper 2001b,
19.5" Wide,
Monthly
Equipment
B�d #1- Rental, Plate
37 Tamper 2001b,
19.5" Wide,
Weekly
Equipment
Bid #1- Rental, Plate
38 Tamper 2001b
Class,19.5"
Wide, Daily
Equipment
B�d #1- Rental, 56 KW
39 Diesel
Generator,
Monthly
MULTIQUI
P
MO 1 $ 504.00 MVC88VT $ 504.00
HW OR
EQUAL
MULTIQUI
P
WK 1 $ 289.00 MVC88VT
HW OR
EQUAL
MULTIQUI
P
DA 1 $ 95.00 MVC88VT
HW OR
EQUAL
$ 289.00
$ 95.00
MULTIQUI
P
MO 1 2 1 5.00 DCA70SS1 $ 2,195.00
U4F OR
EQUAL
Equipment MULTIQUI
#1- Rental 56 KW P
B�d 40 Diesel WK 1 $ 824.00 DCA70SS1
U4F OR
Generator, EQUAL
Weekly
Equipment MULTIQUI
#1- Rental 56 KW P
B�d 4� Diesel DA 1 $ 341.00 DCA70SS1
U4F OR
Generator, EQUAL
Daily
$ 824.00
$ 341.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 23 of 32
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Equipment
Bid #�- Rental, 36"
42 Double Drum
Ride On Roller,
Monthly
Equipment
B�d #1- Rental, 36"
43 Double Drum
Ride On Roller,
Weekly
Equipment
Bid #�- Rental, 36"
44 Double Drum
Ride On Roller,
Daily
Equipment
B�d #1- Rental, 7,500
45 Ib Mini
Excavator,
Monthly
Equipment
B�d #1- Rental, 7,500
46 Ib Mini
Excavator,
Weekly
Equipment
B�d #1- Rental, 7,500
47 Ib Mini
Excavator,
Daily
City Secretary Contract No.
WACKER
MO 1 � RD12L-90
1,575.00 OR
EQUAL
WACKER
WK 1 $ 641.00 RD12L-90
OR
EQUAL
WACKER
DA 1 $ 226.00 RD12L-90
OR
EQUAL
BOBCAT
MO 1 2 0 4.00 E351 OR
EQUAL
BOBCAT
WK 1 $ 945.00 E351 OR
EQUAL
BOBCAT
DA 1 $ 362.00 E351 OR
EQUAL
$ 1,575.00
$ 641.00
$ 226.00
$ 2,074.00
$ 945.00
$ 362.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 24 of 32
City Secretary Contract No.
Success: All
values
provided
Success: All
values
provided
Equipment
Rental, 5000 Ib
Bid 48 Industrial
Forklift,
Gas/Propane,
Monthly
Equipment
Rental, 5000 Ib
Bld 49 Industrial
Forklift,
Gas/Propane,
Weekly
Equipment
Rental, 5000 Ib
Bid 50 Industrial
Forklift,
Gas/Propane,
Daily
TOYOTA
MO 1 � $FGU25
1,313.00 OR
EQUAL
Success: All
values
provided
TOYOTA
WK 1 $ 578.00 $FGU25
OR
EQUAL
TOYOTA
DA 1 $ 231.00 $FGU25
OR
EQUAL
Success: All Equipment BOBCAT
values Bjd #1- Renta1,1750 Ib WK 1 $ 630.00 S570 OR
provided 5� Skidsteer, EQUAL
Weekly
Success: All Equipment BOBCAT
values Bjd #1- Renta1,1750 Ib DA 1 $ 252.00 S570 OR
provided 52 Skidsteer, EQUAL
Daily
Success: All
values
provided
Equipment
#�- Renta1,19001b � BOBCAT
B�d 53 Track MO 1 2,546.00 T550 OR
EQUAL
Skidsteer,
Monthly
$ 1,313.00
$ 578.00
$ 231.00
$ 630.00
$ 252.00
$ 2,546.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 25 of 32
City Secretary Contract No.
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Equipment
Bid #�- Renta1,19001b WK
54 Track
Skidsteer,
Weekly
Equipment
B�d #1- Renta1,19001b
55 Track
Skidsteer,
Daily
Equipment
Bid #1- Rental, 2-3/4 -
56 3 Yd Artic
Loader,
Monthly
$
BOBCAT
� 1,013.00 EQU OR
BOBCAT
DA 1 $ 383.00 T550 OR
EQUAL
VOLVO
MO 1 6,538.00 L70H OR
EQUAL
Equipment
#1- Rental, 2-3/4 - � vO�vo
B�d 57 3 Yd Artic WK � 2,700.00 L70H OR
EQUAL
Loader,
Weekly
Equipment vO�vo
Bld 58 Rental, 2-3/4 - DA 1 1,3 5.00 L70H OR
3 Yd Artic EQUAL
Loader, Daily
Equipment JOHN
Bld 59 Rental, 70-79 MO 1 5,0 5.00 4D50K OR
HP Crawler EQUAL
Dozer, Monthly
$ 1,013.00
$ 383.00
$ 6,538.00
$ 2,700.00
$ 1,335.00
$ 5,015.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 26 of 32
City Secretary Contract No.
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Equipment JOHN
Bld 60 Rental, 70-79 WK 1 2 322.00 4D50K OR
HP Crawler EQUAL
Dozer, Weekly
Equipment JOHN
Bld 61 Rental, 70-79 DA 1 1,1 8.00 4D50K OR
HP Crawler EQUAL
Dozer, Daily
Equipment MULTIQUI
#1- Rental 100 KW $ P
B�d 62 Diesel MO 1 3,460.00 DCA125S
SIU4F OR
Generator, EQUAL
Monthly
Equipment
B�d #1- Rental, 100 KW WK
63 Diesel
Generator,
Weekly
Equipment
Bid #1- Rental, 100 KW DA
64 Diesel
Generator,
Daily
Bid #�-
65
Equipment
Rental, 9,500
Ib Mini
Excavator,
Monthly
MULTIQUI
$
P
� 1,271.00 S U4F OR
EQUAL
MULTIQUI
P
1 $ 478.00 DCA125S
SIU4F OR
EQUAL
$
BOBCAT
MO 1 2 620.00 EQ OR
$ 2,322.00
$ 1,188.00
$ 3,460.00
$ 1,271.00
$ 478.00
$ 2,620.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 27 of 32
City Secretary Contract No.
Success: All
values
provided
Bid #�-
66
Equipment
Rental, 9,500
Ib Mini
Excavator,
Weekly
$
BOBCAT
WK 1 1,087.00 EQ OR
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Bid #�-
67
Equipment
Rental, 9,500 BOBCAT
Ib Mini DA 1 $ 394.00 E50 OR
EQUAL
Excavator,
Daily
Equipment
#1- Rental 25001b � BOBCAT
B�d 68 Track MO 1 2 7g3.00 T650 OR
EQUAL
Skidsteer,
Monthly I I
Equipment
#1- Rental 25001b � BOBCAT
B�d 69 Track WK � 1,092.00 T650 OR
EQUAL
Skidsteer,
Weekly
Equipment
#1- Rental 25001b BOBCAT
B�d 70 Track DA 1 $ 436.00 T650 OR
EQUAL
Skidsteer,
Daily
Equipment GENIE
#1- Rental, 6000 Ib $ GTH-636
B�d 7� 36' Shooting MO 1 2 494.00 OR
Boom Forklift, EQUAL
Monthly
$ 1,087.00
$ 394.00
$ 2,783.00
$ 1,092.00
$ 436.00
$ 2,494.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 28 of 32
City Secretary Contract No.
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Equipment
#�- Rental, 6000 Ib
B�d 72 36' Shooting WK
Boom Forklift,
Weekly
Equipment
#1- Rental, 6000 Ib
B�d 73 36' Shooting DA
Boom Forklift,
Daily
GENIE
� $ GTH-636
1,108.00 OR
EQUAL
GENIE
1 $ 462.00 GTH-636
OR
EQUAL
Equipment
#1- Rental, 35 HP- $
B�d 74 49 HP, Ride On MO 1 2,462.00
Trencher,
Monthly
Equipment
#1- Rental, 35 HP- $
B�d 75 49 HP, Ride On WK � 1,134.00
Trencher,
Weekly
DITCHWIT
CH RT45
OR
EQUAL
DITCHWIT
CH RT45
OR
EQUAL
$ 1,108.00
$ 462.00
$ 2,462.00
$ 1,134.00
Success: All Equipment DITCHWIT
values B jd 76 Rental, 35 HP- DA 1 $ 446.00 CH�R 45 $ 446.00
provided 49 HP, Ride On EQUAL
Trencher, Daily
Success: All
values
provided
Equipment
#1- Rental, 2-3/4-3 � vO�vo
B�d 77 Yd Artic MO 1 6,538.00 L70H OR
EQUAL
Loader,
Monthly
$ 6,538.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 29 of 32
City Secretary Contract No.
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Success: All
values
provided
Equipment
Bid #1- Rental, 2-3/4-3 WK
78 Yd Artic
Loader,
Weekly
� VOLVO
� 2,700.00 EQU OR
Equipment vO�vo
Bld 79 Rental, 2-3/4-3 DA 1 1,3 5.00 L70H OR
Yd Artic EQUAL
Loader, Daily
Equipment WACKER
Bld $� Rental, 2" Gas WK 1 $ 236.00 PT2A OR
Trash Pump, EQUAL
Weekly
Equipment BOBCAT
Bld 8� Renta1,1750 Ib MO 1 1,628.00 S570 OR
Skidsteer, EQUAL
Monthly
Equipment vO�vo
Success: All #1- Rental 8-8.9 ECR88D
values B�d 82 Ton, Excavator DA 1 $ 656.00 OR
provided EQUAL
w/thumb & cab
Success: All
values
provided
�=�I
unit, Daily
Equipment
#1- Rental, 8-8.9 $
83 Ton, Excavator WK � 1,675.00
w/thumb & cab
unit, Weekly
VOLVO
ECR88D
OR
EQUAL
$ 2,700.00
$ 1,335.00
$ 236.00
$ 1,628.00
$ 656.00
$ 1,675.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 30 of 32
City Secretary Contract No.
Success: All
values
provided
Equipment
#�- Rental, 8-8.9 $
B�d 84 Ton, Excavator MO 1 4,143.00
w/thumb & cab
unit, Monthly
VOLVO
ECR88D
OR
EQUAL
Equipment FRD
Success: All #1- Rental F9FSP-WR
values Bld 85 Excavator DA 1 $ 431.00 OR
provided EQUAL
Hammer, 1000-
19991b, Daily
$ 4,143.00
$ 431.00
Equipment FRD
Success: All #1- Rental $ F9FSP-WR
values B�d 86 Excavator WK � 1,171.00 OR � 1,171.00
provided EQUAL
Hammer, 1000-
19991b, Weekly
Equipment
Success: All
values
provided
Rental, FRD
Bid #� Excavator MO 1 � F9FSP-WR
87 Hammer, 1000- 2,494.00 OR
EQUAL
19991 b,
Monthly
Success: All
values B�d gg Environmental/ EA 1 $ 0.00
provided
Hazmat Fee
Success: All
values
provided
:
-
. • ��
.
Equipment
Rental,
Generator,
DSL, 252
KW/313 KVA,
Per Week
N/A
MULTIQUI
P
WK 1 � DCA300S
2,284.00 SJU4F3
OR
EQUAL
$ 2,494.00
$ 0.00
$ 2,284.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 31 of 32
City Secretary Contract No.
Success: All Equipment
values B jd 90 Rental, Cable, WK 1 $ 71.00
provided 50 foot, 4/0,
Per Week
Charge,
Success: All #1- Delivery or
values Bld g� pick up of EA 1 $ 125.00
provided
Rental
Equipment
Basket Tota
Grand Total
N/A
N/A
$ 71.00
$ 125.00
$ 104,615.00
$ 104,615.00
Professional Services Agreement
MAXIMUS Consulting Services, Inc., Page 32 of 32
EXHIBIT C
HERC SUPPLEMENTAL TERMS AND CONDITIONS FOR RENTAL OF EQUIPMENT
These Herc Supplemental Terms and Conditions for Rental of Equipment dated
("Rental Terms") supplement and amend the terms of the Master Services Agreement or other
agreement ("Agreement") between Herc Rentals Inc. including all of its affiliate and subsidiary entities
("Herc") and the customer referenced in the signature block below ("Customer") for the purpose of
governing equipment rental transactions between the parties, as agreed on an applicable order
document. These Rental Terms, the Agreement and an applicable order document for the lease or
rental of equipment are collectively referred to herein as the "Rental Documentation." In the event of
any conflict between these Rental Terms and those contained in any Rental Documentation, these
Rental Terms shall govern.
RIGHTS TO THE EQUIPMENT: Customer represents that the equipment herein is to be used solely
and exclusively for business or commercial purposes. The equipment is owned by Herc. Customer
acknowledges that no one other than Herc may transfer the equipment or any rights or obligations
under the Rental Documentation. Neither Customer nor any operators are agents of Herc. No one
may perform major service, repair, or alter the equipment without Herc's prior written approval except
for emergencies, which threaten life or property. Customer will not suffer any liens or encumbrances
to attach to the equipment and will defend, indemnify and hold Herc harmless from all loss, liability
and expense by reason thereof.
2. RENTAL CHARGES: Customer and Herc hereby agree to the equipment and pricing as detailed on
the Pricing Schedule to the Agreement and Customer agrees to be responsible for all applicable fees
and charges as published at HercRentals.com, including without limitation, environmental and
emissions, refueling, vehicle licensing fees and transportation charges. Any equipment that is ordered
locally at a Herc branch or other such location, that is not on the list of equipment in the Pricing
Schedule of the Agreement will be negotiated locally at time of rental, up to an amount not to exceed
the then-current list price for a standard rental shift, plus any additional hours, as published at
HercRentals.com. Customer agrees to be liable for all payments due for such local rentals. For any
orders placed in United States, such orders shall be billed and paid in US Dollars. For any orders
placed in Canada, such orders shall be billed and paid in Canadian Dollars.
OPERATION OF THE EQUIPMENT. Only Customer and the following persons with Customer's
permission ("Authorized Operators") may operate the equipment: Customer's employees in the
course of such employee's regular employment, and Customer's Owners and agents during the
course of performing work for Customer. Customer and all Authorized Operators must be properly
qualified to operate the equipment and have a valid operator's license with respect to the equipment
where required by law. Use of the equipment by persons other than as provided for in this Paragraph
will be at Customer's sole risk.
4. CUSTOMER'S RESPONSIBILITIES. Customer must return the equipment to Herc in the same good
and clean condition it was in when Customer received it, ordinary wear excepted. The equipment
must be returned to Herc at the Herc branch from which it was rented. Customer acknowledges that
it must confirm return receipt of the equipment by Herc at the time the equipment is returned. Until
such time as Herc receives actual possession of the equipment, Customer agrees to hold said
equipment in a safe and secure manner. Customer shall notify the renting branch by telephone or
fax, prior to any equipment movements between Customer's job sites. The equipment will be used
only in accordance with the manufacturer's instructions within its rated capacity.
Vendor Services Agreement Page 13 of 17
Customer will promptly notify Herc of any accident, damage or failure involving the equipment and
will reasonably cooperate with Herc in gathering information in connection therewith. Customer will
perForm or cause to be perFormed lubrication and readiness checks of the equipment, including but
not limited to: checking of the equipment before each shift; checking and maintaining crankcase,
transmission, cooling and fluid systems daily; and checking tire pressure and battery fluid and
charge levels weekly. If the equipment fails to operate properly or becomes in need of repair,
Customer will immediately cease using same and will immediately notify Herc. Customer further
agrees, at Customer's sole cost and expense, to secure and maintain in force during the entire term
of the Rental Documentation insurance that meets the requirements set forth herein for the benefit
of Herc.
RISK OF LOSS. All loss of or damage to the equipment, unless such loss or damage results from a
latent defect(s) or fault or negligence on the part of Herc, while on rental and in Customer's care,
custody or control, including, but not limited to, fire, flood, theft, comprehensive losses, collision and
rollover, and Acts of God, will be the responsibility of Customer and will be paid to Herc promptly upon
Customer's receipt of an invoice therefor. Such responsibility is limited to: (1) reasonable repair cost;
or, (2) the fair market value of the equipment at the time it is lost or damaged, less its salvage value.
THE COST OF LABOR FOR SUCH REPAIRS WILL BE EITHER SUPPLIER'S THEN PREVAILING
REASONABLE HOURLY RATE FOR LABOR, POSTED AT THE SUPPLIER BRANCH WHERE THE
EQUIPMENT IS TO BE REPAIRED, OR THE REPAIRER'S REASONABLE HOURLY RATE FOR
LABOR CHARGED TO SUPPLIER FOR SUCH REPAIRS, AS THE CASE MAY BE. Parts will be
charged to Customer at Herc's cost as reasonably charged to Herc by the supplier or repairer, as the
case may be. Use of the equipment by persons other than as provided for herein will be at Customer's
sole risk. Customer and any Authorized Operator hereby assume all risk of loss or damage and waive
all claims against Herc by reason of any property left, or stored, by Customer or any other person in
or upon the equipment, and further agree to indemnify and hold harmless Herc, its subsidiary and
affiliated companies, parent company and its and their officers, agents and employees, from and
against all loss, liability, claim, action or expense, including but not limited to reasonable attorneys'
fees, arising out of such loss and damage to the extent such loss or damage is not the result of latent
defect(s), fault or negligence of Herc. In the event of concurrent responsibility, each party shall share
equally in the defense and indemnity cost.
6. CUSTOMER'S INSURANCE OBLIGATIONS Customer shall obtain, and shall provide to Herc
certificates evidencing the following insurance coverage: (a) workers' compensation insurance with
statutory limits and employer's liability insurance with limits of at least $1,000,000; (b) commercial
general liability insurance having a limit of at least $1,000,000 per occurrence bodily injury and
property damage, including contractual liability with no exclusions for explosion, and collapse and
underground hazard coverage; (c) business automobile liability insurance having a limit of at least
$2,000,000 per occurrence for bodily injury and property damage, including but not limited to
coverage for owned, hired and non-owned automobiles. This insurance shall be primary for all
purposes and shall contain standard cross liability provisions. All insurance policies shall be endorsed
to add Herc as an additional insured, except for workers' compensation and employer's liability
policies, and shall include waivers of any right of subrogation of the insurers against Herc, its officers,
directors, employees and subcontractors of all tiers. Additionally, Customer will, at its own expense
and at all times during the term of this Agreement, maintain in force Property Insurance in an amount
adequate to cover any damage to, or loss of, the equipment being rented under this Agreement.
Customer's policy must expressly cover non-owned equipment while in Customer's care, custody and
control. Customer will, on demand, furnish Herc a Certificate of Insurance evidencing such insurance
and endorsed to provide that such insurance may not be canceled or materially modified except on
thirty (30) days prior written notice to Herc except for non-payment which shall be ten (10) days. The
amount, terms and conditions of the insurance required herein must be acceptable to Herc. Customer
agrees to abide by all of the terms and conditions of such insurance. Herc's acceptance of Customer's
Vendor Services Agreement Page 14 of 17
Certificate(s) of Insurance will not be deemed a waiver or modification of Customer's insurance,
indemnity or any other obligation under this Agreement. The aforesaid Customer insurance obligation
will not in any way limit the ultimate Customer liability hereunder.
RENTAL PROTECTION PLAN OPTION.
The "Rental Protection Plan" option ("RPP") is not insurance; it is an option that Herc offers
Customer to limit Customer liability for loss or damage to the Equipment that Customer has rented
from Herc. If Customer does not accept RPP when offered by Herc, Customer is responsible to
cover the Equipment with insurance as set forth below and pay to Herc the Full Value of the
Equipment at the time it is lost or damaged. The benefit from this RPP is limited by the deductible
and excludes the specific conditions or events shown in subparagraph (b).
(a) If Customer complies with all of the Rental Documentation, including the provisions of
paragraphs 2 and 3 of these Rental Terms, and if Herc in its discretion has offered to
Customer, and Customer has accepted RPP, then Herc agrees to waive, to the extent
specified in this Section 7, Customer responsibility for loss of or damage to the Equipment to
the extent that it exceeds the deductible shown on the rental record. Customer is responsible
under this Agreement for the loss of or damage to the Equipment up to the amount of the
"deductible" for the RPP. This may change if Customer extends or shortens the duration of
Customer rental or if Customer adds equipment to the rental. Customer can only accept RPP
at or prior to the beginning of the rental term. NOTWITHSTANDING ANY NOTATION ON
THE RENTAL RECORD, RPP IS NOT OFFERED ON OR AVAILABLE FOR THE RENTAL
OF A PASSENGER MOTOR VEHICLE_
(b) NOTWITHSTANDING CUSTOMER ACCEPTANCE OF RPP, CUSTOMER'S
RESPONSIBILITY FOR LOSS OR DAMAGE WILL NOT BE LIMITED BY SUBPARAGRAPH
(a) TO THE EXTENT SUCH LOSS OR DAMAGE RESULTS FROM AN AUTHORIZED
OPERATOR'S OR ANY PERSON'S NEGLIGENCE OR FROM:
(i) striking an overhead object with the Equipment;
(ii) vandalism, malicious mischief, theft or conversion of the Equipment, unless an
Authorized Operator promptly files
with the applicable public authorities (and promptly provides to Herc) a formal written
theft, vandalism or
conversion report;
(iii) leaving keys, if any, in the Equipment while that Equipment is not locked or otherwise
secured, regardless of
whether or not a report was filed pursuant to Section 7(b)(ii);
(iv) exposure to corrosive materials;
(v) overloading of a boom, exceeding rated capacity of equipment;
(vi) Customer failure to perForm any of Customer obligations under this Agreement;
(vii) damage due to acts of God, such as floods, wind, storms or earthquakes;
(viii) Damage to tires and tubes caused by blow out, bruises, cuts, punctures or other causes
inherent in the use of the
Equipment;
(iX) Damage to motor vehicles without a police report; or
(x) Damage to passenger vehicles such as SUV's or vans.
(c) In the event of loss or damage to the Equipment, Customer is required to cooperate with Herc's
investigation of any incident involving the Equipment, and complete an RPP Incident Report.
Vendor Services Agreement Page 15 of 17
(d) RPP IS OPTIONAL, AND CUSTOMER NEED NOT ACCEPT IT IF HERC OFFERS IT TO
CUSTOMER. TO THE EXTENT HERC DOES NOT OFFER RPP TO CUSTOMER, OR
CUSTOMER DOES NOT ACCEPT RPP, CUSTOMER
MUST MAINTAIN THE INSURANCE COVERAGE REQUIRED BY PARAGRAPH 6. If
Customer elects to maintain insurance coverage, and the certificate of insurance Customer
provides to Herc to evidence Customer's insurance coverage
is unacceptable to Herc or the applicable policies expire, Customer agrees that Herc may
charge RPP for Customer rentals until such time as Customer provides an acceptable and
valid certificate of insurance and such matters are corrected to Herc's reasonable satisfaction
INDEMNIFICATION. Customer will defend, indemnify and hold harmless Herc, its subsidiaries,
parent company and its and their officers, agents and employees, from and against all loss, liability,
claim, action or expense, including reasonable attorneys' fees, by reason of bodily injury, including
death, and property damage, sustained by any person or persons, including but not limited to
employees of Customer, with respect to its negligent maintenance, use, possession, storage,
operation, erection, dismantling, servicing or transportation of the equipment, or Customer's failure to
comply with the terms of this Agreement. The indemnities stated herein are the sole and exclusive
indemnification obligations for equipment rental transactions under the Agreement for both parties.
All other indemnification obligations included within the terms of the Agreement are hereby disclaimed
for equipment rentals under the Agreement.
9. REMEDIES. In case of default by Customer, or if Herc deems itself insecure, Herc may, without
waiver of any other rights and remedies, peaceably enter the premises after reasonable notice to the
manager of the facility where the equipment is located and render it inoperative or remove same.
lo. WARRANTIES AND REMEDIES. Herc warrants that the equipment, upon delivery to
Customer, will be in good mechanical and merchantable condition. Customer acknowledges
having examined the Equipment upon its delivery to Customer. The Equipment shall be deemed
to be accepted by Customer upon delivery and subject to the terms and conditions of this
Agreement if Customer does not notify Herc in writing within 48 hours of delivery of the
Equipment of any problem with the Equipment. If the equipment is found by Customer not to
be in good mechanical condition, as a result of conditions not the responsibility of Customer, nor
caused by the fault or negligence of Customer or Customer's employees or agents, Customer
will notify Herc within 48 hours of delivery, whereupon Herc will suitably replace the equipment
as soon as is reasonably possible during Customer's normal operations. Customer's payment
obligations shall commence on delivery of the replacement equipment or the repaired
equipment. If Herc removes the equipment, it shall no longer be subject to the Agreement.
Customer shall pay to Herc all amounts due for damage to equipment which is the responsibility
of Customer. Customer agrees to provide reasonable access to the equipment to Herc's
representatives. The foregoing is in lieu of (i) all warranties, express, implied or statutory,
including but not limited to the implied warranty of inerchantability and the implied
warranty of fitness for a particular purpose; and of (ii) all obligations or liability on the
part of Herc for damages. Customer waives all indirect, incidental and consequential
damages arising out of or in connection with the renting, maintenance, use, operation,
storage, erection, dismantling or transportation of the equipment.
11. REFUELING OPTIONS. Herc agrees to provide the equipment to Customer with full fuel tanks.
Customer may return the equipment with full fuel tanks(s) or allow Herc to refuel the equipment. If
Vendor Services Agreement Page 16 of 17
Customer returns the equipment with the fuel tank(s) less than full, Customer will pay to Herc a sum
equal to Herc's then-applicable refueling service charge posted at the Herc branch where the
equipment is returned for the number of gallons required to refill the tank(s) at the time of return.
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws
of the state of Delaware without regard to its rules of conflict of laws. Customer irrevocably and
unconditionally consents to submit to the sole and exclusive jurisdiction of the state and federal courts
within the State of Delaware (the "Delaware Courts") for any litigation arising out of or relating to this
Agreement and the transactions contemplated hereby, and waives any objection to the laying of
venue and forum in the Delaware Courts. If any provision, or any part of any provision of this
Agreement or the application thereof is thereafter held invalid or unenforceable, the remainder of this
Agreement shall not be affected thereby and to this end the provisions of this Agreement are declared
severable. For any orders placed in Canada, this Agreement will be governed by and construed in
accordance with the laws of the Province of Ontario.
City of Fort Worth
By: Regina Jones
Name:/� G���
/?.Q.�
Title: Contract Compliance Specialist
Herc Rentals Inc.
By: �_
� -:.�- �,v�/Cv
N e:
Jason Oosterbeek
Title:
Vice President
Vendor Services Agreement Page 17 of 17
10/2/25, 9:39 AM
CITY COUNCIL AGEND
Create New From This M&C
DATE: 9/30/2025 REFERENCE �`�M&C 25-
NO.: 0924
CODE: P TYPE: CONSENT
M&C Review
F� RT� �'��
LOG NAME:
PUBLIC
HEARING:
13PRFP25-0135
CONSTRUCTION
EQUIPMENT RENTALS
I�C�:
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
RDO Equipment
H&E Equipment Services, Inc
b. c. d. Total
23 15.33 7.33 75.67
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
Evaluation Factors
a.
30
apps.cfwnet.org/cou ncil_packeUmc_review.asp? I D=33784&cou ncildate=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
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for City Manaqer's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Program Activity Budget Reference #
Year (Chartfield 2)
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)
Amount
apps.cfwnet.org/cou ncil_packeUmc_review.asp? I D=33784&cou ncildate=9/30/2025 2/2
F�RT��RTHo
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Herc Rentals
Subject of the Agreement: Vendor will provide construction equipment rental services.
M&C Approved by the Council? * Yes ❑✓ No ❑
If �so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No ❑✓
If �so, provide the original contract number and the amendment number.
Is the Contract "PermanenY'? *Yes ❑ No 0
If �unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: 1/5/2026 Expiration Date: 1/5/2027
If different from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑✓ No ❑
*If �so, please ensure it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable. N/A
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑✓ No ❑
Contracts need to be routed for CSO processin� in the followin� order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.