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HomeMy WebLinkAbout064537 - General - Contract - United Rentals (North America), Inc.CSC No. 64537 � �� � �� � � VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home-rule municipal corporation, and United Rentals (North America), Inc. ("Vendor"), each individually referred to as a"party" and collectively referred to as the "parties." 1. Scope of Services. Vendor will provide the City with Shoring and Trenching rental services, as set forth in mare detail in Exhibit "A"— Scope of Services, attached hereto and incorporated herein for all purposes. 2. Term. The term of this Agreement is far (1) one- year(s), beginning on the date that this Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) renewal option(s) (each a "Renewal Term"). 3. Compensation. 3.1 Total annual compensation under this Agreement will not exceed One Million Dollars and Zero cents ($1,000,000.00). 3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code) and the provisions of this Agreement, including E�ibit "B"— Payment Schedule, which is attached hereto and incorporated herein for all purposes. 3.3 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 speciiied by this Agreement unless City first approves such expenses in writing. 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 iiscal 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 1 of 41 4.3 Duties and Obli�ations 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 wi11 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 Ciry-provided data to City in a machine-readable format or other format deemed acceptable to City. 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 offcers, 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 obj ecting to disclosure to the Texas Attorney General. A determination on whether such reasons are sufiicient 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 Ciry 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 wi11, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations Vendor Services Agreement Page 2 of 41 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 offcers, 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. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAI�SED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, 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 AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, 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, REPRSENTATIVES, 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 ACTIONAGAINST CITYFOR INFRINGEMENT OFANYPATENT, COPYRIGHT, TRADE MARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM CITY'S USE OF THE SOFTWARE OR DOCUMENTATION IN ACCORDANCE WITH THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND, SETTLE OR PAY WILL NOT APPLYIF CITYMODIFIES OR MISIISES THE SOFTWARE AND/OR DOCUMENTATION. SO LONG AS VENDOR BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST CITY PURSUANT TO THIS SECTION, VENDOR WILL HAVE THE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM; HOWEVER, CITY WILL HAVE THE RIGHT TO FULLY PARTICIPATE IN ANY AND ALL SUCH SETTLEMENT, NEGOTIATIONS, OR LAWSUIT AS NECESSARY TO PROTECT CITY'S INTEREST, AND CITYAGREES TO COOPERATE WITH VENDOR INDOING 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 Vendor Services Agreement Page 3 of 41 WILL HAVE THE SOLE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTIONAND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANYSUCH CLAIM; HOWEVER, VENDOR WILL FULLY PARTICIPATE AND COOPERATE WITH CITY IN DEFENSE OF SUCH CLAIM OR ACTION. CITYAGREES TO GIVE VENDOR TIMELY WRITTENNOTICE OFANYSUCH CLAIM OR ACTION, WITH COPIES OF ALL PAPERS CITYMAY 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 LISE IS MATERIALLYADVERSELYRESTRICTED, 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 DOCUMENTATION WITHEQUALLYSUITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON-INFRINGING SOFTWARE AND 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 ANYAND ALL REMEDIES AVAILABLE TO CITY UNDER LAW. 9. Assignment and Subcontracting. 9.1 Assi�nment. 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: 101 Covera�e and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate Vendor Services Agreement Page 4 of 41 (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limitbasis 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 10.2 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 certifcate of insurance must be submitted to City to evidence coverage. 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, ofiicers, ofiicials, 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. (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 Vendor Services Agreement Page 5 of 41 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 wi11 not constitute a waiver of the insurance requirement. (� Certiiicates 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. ll. Compliance with Laws, Ordinances, Rules and Re�ulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and 1oca1 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 ar(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: United Rentals (North America), Inc. Atten: Chase Pepper P.O. Box 840514 Dallas, Texas 75284-9514 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 41 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 Counry, 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 farce 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 parry 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. Headin�s Not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement, 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 Agreement. 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 41 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. Immigration 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. Ciry, 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 beneft of City from the date of conception, creation or �xation 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 Wark 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. Si�nature 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. Chan�e 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 merger or acquisition agreement. Failure to provide the specified documentation may adversely impact invoice payments. Vendor Services Agreement Page 8 of 41 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 Bovcottin� Energv 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 A�ainst 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 iirearm 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 Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. (signature page follows) (remainder of this page intentionally left blank) Vendor Services Agreement Page 9 of 41 TN WITNESS WHEREflF, the parEies hereto harre executed this Agreement in snultiples. CITY QF FURT W�RTH: � sy: - Name: Jesi�a McEachern Title: Assistant City Manager Date: O1/07/2026 vErtnoR: Llnited Rentals [NaRh America}, Inc. sy: Name: Ghase Peper Title: 6ran�h Manager Date: 1 � � �2 � FOR CITY OF FQRT WDRTH INTERhfAL PR�CESSES: Appra�al Rerammended: � i .oi� �� .o� By: C�opher Harder (J� 5, 202612:53:13 ST) Narr►e: Chris Harder Title: Water Dire�tar Attest: ��tie-f��t, /, � BY. " Name: ]annctte Goodall Title: City Secretary Contract A�ti�orizaiiun: M&C: 25-1104 Date M&C Appro�ed: 121912�25 Form �295: 2�25-i3827Q5 � gY; Stephen Hines (Jan 5, 2026 13:06:47 CST) Name: Ste�e Hines Title: Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contr�ct Compiiance Manager: By signing I ac�owledge that 1 am the person responsihle for the monitoring and administration ofthis contract, including ensuring all performance and reporting requirements. sy: ��. � ��➢n➢ Name: Regina]ones oO� FORT�Y�d P�� °9d, Title: ContrBct ComplianCe SpeCiaiist ;�o .�o °od°�«° Qpan nEop5q6q Appror+ed as ta Form and Legality: Vendor Services Agrecment Pagc IO af 41 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 trenching and shoring 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 2024 is $364,179.84. 1.0 PROPOSER REQUIREMENTS - Proposer shall: 1.1 Have a minimum of 5(five) years of experience providing shoring and trenching 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 ENGINEERING EQUIPMENT AND SERVICES 2.1 Furnish proof of professional expertise and competence in excavation safety products for a minimum period of five (5) years. 2.2 Obtain the services of a Professional Engineer as defined by Texas Government Code Chapter 2254 ("Engineer"). 2.3 Require that its Engineer be familiar with the manufacturer's equipment, be available for site evaluation. This engineer will prepare trench safety engineering plans, shoring designs and certifications at all times. 2.4 Submit with its bid the name, address, telephone number and certification of the Engineer to be used, and keep information up to date throughout the term of this agreement, including renewal terms. 2.5 Furnish written certification, attested by an Engineer, concerning the Vendor Services Agreement Page 11 of 41 rated capacity and equipment manufacturer's tabulated data. 3.0 CONTRACTOR REQUIREMENTS 3.1 DELIVERY AND EQUIPMENT PICKUP REQUIREMENTS 3.2 Material pick-up and delivery locations will be at various job site locations throughout the City of Fort Worth, depending on where work is being performed by the Water Department. The address to these locations will be provided by the Water Department at least 24- hours in advance, whenever possible. 3.3 Equipment specified herein shall be fully adjustable, protective devices specifically designed and professionally engineered to provide protection against cave-ins for personnel. 3.4 Subsidiary Items: 3.4.1 Mobilization 3.4.1.1 Mobilization is defined as activation of a contractor's physical and manpower resources for transfer to a construction site. 3.4.1.2 Work associated with this Item is considered subsidiary to the various item bid. No separate payment will be allowed for this item. 3.4.2 Emergency/After Hours 3.4.2.1 Emergency/After-hours hours shall be 5:00 p.m. to 7:30 a.m., Monday through Friday, and all-day Saturday and Sunday. 3.4.2.2 Work associated with this Item is considered subsidiary to the various item bid. No separate payment will be allowed for this Item. 3.4.3 The Vendor shall pick up rental equipment within two (2) hours of the request . The City will not pay for any additional rental costs beyond when the vendor has been notified of pick up. 4.0 SHORING AND TRENCHING EQUIPMENT AND SERVICES 4.lAluminum Hydraulic Shoring Equipment Vendor Services Agreement Page 12 of 41 • Aluminum hydraulic shoring shall consist of verticaUhorizontal rails and extendable aluminum cross-brace cylinders, which are operated by hydraulic fluid pressure • All hydraulic shores must be capable of complete installation/removal from above ground to avoid worker exposure to un-shored trenches • For purpose of these specifications, aluminum hydraulic shoring equipment shall be divided into six categories as follows: • Single Shores • Vertical Shores • Multi-Shores • Horizontal Wales • 4-way Manhole Braces • Steel Road Plates 5.0 Single, Vertical & Multi-Shores 5.1 Cylinders shall be composed of aluminum alloys in consideration of weight, strength and non-corrosive characteristics 5.2 Cylinders shall have a bleed off port to prevent over-extension of cylinders 5.3 Standard cylinders shall be a minimum of 2" inside diameter (ID) and have strength of not less than 23,000 pounds axial compression load 5.4 Standard cylinders shall be available in five minimum-to- maximum expansion ranges to provide flexibility for shoring trenches in varying widths from 17" to 88" wide 5.5 The five ranges shall include 17" to 27", 22" to 26", 28" to 46", 34" to 55"and 52" to 88". 5.6 Standard cylinders shall be equipped with a solid piston head and tension loaded dual lip- "O" ring piston head seals for optimum seal and prevention of low-pressure leakage. 5.6 Cylinder pad "O" ring seals are to be located in the annular space between the cylinder barrel, and inside the cylinder pad wall to prevent twisting and tearing "O" ring Vendor Services Agreement Page 13 of 41 5.6.1 Heavy-duty cylinders shall be a minimum of 3" ID and shall have strength not less than 42,000 pounds compression load 5.6.1.1 Heavy-duty cylinders shall be available in one minimum- to-maximum expansion Range of 52" to 88". 5.6.1.2 All shores shall be designed for complete above ground installation and removal. All necessary tools for installation and removal (above ground) must be available. 5.6.2 Standard vertical rails shall be no less than 8" in width and have equivalent section modules of .44 inches (3) or more 5.6.2.1 Standard rails shall be available in 2', 3 �/z', 5' and 7' lengths. Heavy-duty rails shall be no less than 8" in width and have equivalent section modules of 1.24 in. 3 or more and available in 8', 12', and 16' lengths 5.6.2.2 Multiple cylinder configurations shall be supplied with hose bridle assemblies to allow expansion of all hydraulic cylinders simultaneously using a single hydraulic pump. 5.6.2.3 Approved accessories, i.e., pumps, installation and removal tools, and Fin Form plywood must be available. 6.0 HORIZANTAL WALER RAILS 6.1 Standard horizontal waler rails shall be no less than 6" in width and have equivalent section modules of 4.53 in. (3) or more 6.2 Rails shall be available in 8', 12', and 16' lengths. 6.3 Heavy-duty horizontal waler rails shall be no less than 8" in width and have an equivalent section module of 14.06 in. (3), and available in 16' lengths. 6.4 Approved accessories, ie: pumps, installation and removal tools, and Fin Form plywood must be available. Vendor Services Agreement Page 14 of 41 6.5 Manhole Brace (MHB) Sub-Assemblies 6.6 MHB shall have four (4) way hydraulic supports, plus be able to fit rectangular and square excavations. 6.7 MHB will have lifting eyes for installation and removal from above ground. 6.8 Hydraulic cylinders must meet same specifications outlined in section 6.0 of this Invitation to Bid. 6.9 Standard MHB inner sleeve shall be 3" X 3" X 3/16" tube steel and have minimum yield strength of 46 kilonewton/pounds per square inch(ksl). 6.10 Standard MHB over sleeve shall be 4" X 4" X 3/16" tube steel and have minimum yield strength of 46 ksl. maximum expansion as provided by manufacturer. 6.11 Heavy-duty MBH inner sleeve shall be 5" X 5" X 3/16" tube steel and have yield strength of 46 ksl. 6.12 Heavy-duty MHB over sleeve shall be 6" X 6" X 3/8" tube steel and have yield strength of 46 ksl; Maximum expansion as provided by manufacturer. 6.13 Approved accessories, ie; pumps installation and removal tools, and Finn Form plywood must be available. 7.0 ALUMINUM HYDRALIC SHORING SHEILDS 7.1 Shoring shields shall consist of aluminum hydraulic water systems permanently mounted onto solid-sheeted aluminum exterior. 7.2 Exterior panels shall be extruded panels of 6061-T6 aluminum having a section modulus no less than 1.0 in. (3) per foot of width. 7.3 Each wall shall be fitted with a top and bottom cap or channel to protect ends of vertical sheeting 7.4 Shoring shields shall be furnished with telescoping steel sleeves with locking pins to provide additional safety when used as a static trench shield. 7.5 Shoring shields shall have a central bleed valve and spring returns for the ease of removal from trench excavations. Vendor Services Agreement Page 15 of 41 7.6 Shoring shields shall have a hydraulic manifold, which provides independent cylinder control during shield expansion. 7.7 Hydraulic cylinders must meet same specifications outlined in section 6.0 of this Invitation to Bid. 7.8 Shoring shields shall be available in combination of 8' and 6' heights X 8', 10', or 12' lengths. 7.9 Shoring shields will be equipped with speed shore speed struts for ease of operations. 7.10 Shoring shields shall be available in varying widths of speed struts from 29" to 95" 7.10.1 The five minimum ranges shall include 29" to 43", 35" to 53" 41" to 62". 47" to 71"and 59" to 95". 7.11 Approved accessories, i.e.; pumps installation and removal tools, and Finn Form plywood must be available. 7.12 Optional accessories shall be available to add end panels on one of both ends of the shield. 7.12.1 Options shall include, full end panel coverage equal to speed shore's end panel, which includes aluminum sheeting as described in these specifications, without top and bottom cap. 7.12.2 Additionally, end panel bracketing shall be available without sheeting to enable the use of alternate sheeting materials 8.0 STEEL TRENCH SHIELDS 8.1 Steel shields shall be constructed of high tensile strength steel for sidewalls, trusses and spreaders. 8.2 Steel shields shall be furnished with lifting eyes and pulling eyes. 8.3 Steel trench shields shall be furnished with stacking sockets at each corner 8.4 Steel trench shields must have a certification plate as evidence that the equipment was designed and constructed in conformance with specifications from a registered professional engineer. 8.5 Complete, certified engineering data must be available for all trench boxes, and Contractor must be prepared to provide such data at the point of delivery upon request. Vendor Services Agreement Page 16 of 41 9.0 MANGUARD SLEEVE/RING 9.1 Man Guard Rings shall be constructed of high strength corrugated steel walls with rigid steel collars welded to top and bottom. 9.2 Man Guard Rings shall be furnished with lifting eyes, stacking sockets and adjustable legs, which can provide a minimum of 2 feet of clearance between the bottom of the guard and the surface of the excavation. 9.3 Man Guard rings shall be available in all combinations of 4' and 8' heights and 6', 8�/�', and 10' diameters. 9.4 Complete certified engineering data must be available for all Man Guard Rings, and Contractor must be prepared to provide such data and certification at the point of delivery Page 8 of 9 Vendor Services Agreement Page 17 of 41 10.0 STEEL ROAD PLATES 10.1 The road plates will be grade ASTM A36 or better with a minimum safe working load of 8,000 lbs. with a thickness of 1" or greater as necessary for safe site operations. 10.2 The lifting points shall be in proximity to the corners or at the plate ends. No center-lift plates will be accepted. 10.3 Plates will be delivered to the job site unless specified otherwise. 11.0 TRENCH BOX SET UP 11.1 Vendor shall set up all trench boxes according to manufacturer instructions and set trench box into excavation 12.0 WARRANTY 12.1 The City will not be responsible for any lost or damaged equipment unless City employees are responsible. 12.2 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 12.3 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. 12.4 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 12.5 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 18 of 41 EXHIBIT B PAYMENT SCHEDULE Numeric Text . . ;•r . . . . �- Project Ref# 25-0226; Trenching and Shoring Equipment Rentals Rental, Daily, Success: All values provided B�d #1-1 8x8 Manhole DA 25 $ 102.00 MG-8.5x8 $ 2,550.00 Shield Rental, Daily, Success: All values provided B�d #1-2 8x8 Manhole DA 25 $ 75.00 dshore/0808 $ 1,875.00 BOX Success: All values B�d #1-3 Rental, D811y, DA provided 8x8 Trench Box � � 25 $ 126.41 E/NEF4M88 $ 3,160.25 Rental, Daily, Success: All values provided B�d #1-4 10x10 Trench DA 25 $ 132.77 hore/TS-101 $ 3,319.25 BOX Rental, Daily, Success: All values provided B�d #1-5 10x12 Trench DA 25 $ 146.11 hore/TS-1012 $ 3,652.75 BOX Not Bidding NO BIC #1-6 Rental, Daily, DA 25 Road Plates �� Vendor Services Agreement Page 19 of 41 Rental, Weekly, Success: All values provided B�d #1-7 8x8 Manhole WK 25 $ 255.00 dshore/MG- $ 6,375.00 Shield Rental, Weekly, Success: All values provided B�d #1-8 8x8 Manhole WK 25 $ 264.28 dshore/0808 $ 6,607.00 BoX Success: All values B�d #1-9 Rental, Weekly, WK 25 $ 310.00 E/NEF4M88 $ 7,750.00 provided 8x8 Trench Box Rental, Weekly, Success: All values #1- provided B�d 10 10x10 Trench WK 25 $ 271.32 hore/TS-101 $ 6,783.00 BOx Rental, Weekly, Success: All values #1- provided B�d 11 10x12 Trench WK 25 $ 362.12 hore/TS-1012 $ 9,053.00 BOx Not Bidding NO Bj� #1- Rental, Weekly, WK 25 12 Road Plates Rental, Success: All values #1- provided B�d 13 Monthly, 8X8 MO 25 $ 633.00 dshore/MG- $ 15,825.00 Manhole Shield � � Rental, Success: All values #1- provided B�d 14 Monthly, 8X8 MO 25 $ 776.27 dshore/0808 $ 19,406.75 Manhole Box Vendor Services Agreement Page 20 of 41 Rental, Success: All values #1- provided B�d 15 Monthly, 8x8 MO 25 $ 764.83 E/NEF4M88 $ 19,120.75 Trench Box Rental, Success: All values #1- provided B�d 16 Monthly, 10X10 MO 10 $ 829.00 hore/TS-101 $ 8,290.00 Trench Box I � Rental, Success: All values #1- provided B�d �� Monthly, 10X12 MO 10 $ 903.32 hore/TS-1012 $ 9,033.20 Trench Box Rental, Not Bidding NO BIC �8 Monthly, Road MO 10 Plates Delivery and/or Success: All values #1- PICk Up provided B�d �9 Regular Hours, EA 10 $ 200.00 N/A $ 2,000.00 7am to 4pm Delivery, and/or Success: All values B�d #1- PICk Up, After EA 10 $ 375.00 N/A $ 3,750.00 provided 2� Hours, 4:01 pm to 6:59am I � Rental, Daily, Success: All values #1- provided B�d 21 Trench Box 10� DA 10 $ 379.00 hore/TS-1012 $ 3,790.00 x12',6""FB Vendor Services Agreement Page 21 of 41 Rental, Weekly, Success: All values #1- provided B�d 22 Trench Box 10� WK 10 $ 873.00 hore/TS-1012 $ 8,730.00 x 12', 6"" FB � � Rental, Success: All values #�- Monthly, provided B�d 23 Trench Box 10� MO 10 $ 2,180.00 hore/TS-1012 $ 21,800.00 x 12', 6"" FB Rental, Daily, Success: All values #1- provided B�d 24 Trench Box 8' X DA 10 $ 273.00 hore/TS-081 $ 2,730.00 12', 4' FB Rental, Weekly, Success: All values #1- provided B�d 25 Trench Box 8� X WK 10 $ 679.00 hore/TS-081 $ 6,790.00 12', 4' FB Rental, Success: All values #1- Monthly,Trench provided B�d 26 BOx 8� X 12' 4' MO 10 $ 1,680.00 hore/TS-081 $ 16,800.00 � FB Rental, Daily, Success: All values #1- provided Bld 27 Spreader Bar DA 10 $ 6.00 N�A $ 60.00 Kit, 8"" x 10' � � Rental, Weekly, Success: All values #1- provided Bld 28 Spreader Bar WK 10 $ 19.00 N�A $ 190.00 Kit, 8"" x 10' I � Vendor Services Agreement Page 22 of 41 Rental, Success: All values #1- Monthly, provided B�d 29 Spreader Bar MO 10 $ 51.00 N/A $ 510.00 Kit, 8"" x 10' Rental, Daily, Success: All values #1- provided B�d 30 Sling Chain 3/8' DA 10 $ 64.00 N/A $ 640.00 X14'4Leg I I_ I I I Rental, Weekly, Success: All values #1- provided B�d 31 Sling Chain 3/8� WK 10 $ 153.00 N/A $ 1,530.00 X14'4Leg Vendor Services Agreement Page 23 of 41 Rental, Success: All values B�d #1- MOnthly, Sling MO 10 $ 372.00 N/A $ 3,720.00 provided 32 Chain 3/8' X 14' 4 Leg Rental, Daily, Success: All values #1- provided B�d 33 Stacking Pins DA 10 $ 6.00 N/A $ 60.00 for steel boxes Success: All values #1- Rental, Weekly, provided Bld 34 Stacking Pins WK 10 $ 14.00 N/A $ 140.00 for steel boxes Rental, Success: All values #�- Monthly, provided B�d 35 Stacking Pins MO 10 $ 33.00 N/A $ 330.00 for steel boxes Rental, Daily, Success: All values B�d #1- Plug Test/Front DA 10 $ 121.00 ch/225-1224 $ 1,210.00 provided 36 12'-24' W/RV & Sleeve Rental, Weekly, Success: All values B�d #�- Plug Test/Front WK 10 $ 270.00 ch/225-1836 $ 2,700.00 provided 37 12'-24' W/RV & Sleeve Rental, Monthly, Plug Success: All values #1- provided B�d 38 Test/Front 12'- MO 10 $ 756.00 ch/225-1836 $ 7,560.00 24' W/RV 8� Sleeve I � Vendor Services Agreement Page 24 of 41 Rental, Daily, Success: All values B�d #�- Rope 30� DA 10 $ 10.00 provided 39 Inflation Hose with gauge Rental, Weekly, I I Success: All values #�- Rope 30� provided B�d 40 Inflation Hose WK 10 $ 28.00 with gauge � � N/A $ 100.00 N/A $ 280.00 Rental, Monthly, Rope Success: All values #1- provided B�d 41 30' Inflation MO 10 $ 70.00 N/A $ 700.00 Hose with gauge Rental, Daily, Plug Test/ Success: All values B�d #�- Front 20����- provided 42 36"" W/RV & Sleeve DA 10 $ 346.00 ch/225-2036 $ 3,460.00 Rental, Weekly, Plug Test/ Success: All values #1- �,,, provided B�d 43 FI'011t 20 - WK 10 $ 995.00 ch/225-2036 $ 9,950.00 36"" W/RV & Sleeve Rental, � � � � Monthly, Plug Success: All values #1- ,,,, provided B�d 44 Test/ Front 20 MO 5 $ 2,993.00 ch�225-2036 $ 14,965.00 36"" W/RV & Sleeve I I I I � � Vendor Services Agreement Page 25 of 41 Rental, Daily, p ..,. Not Bidding NO Bj� #1- O e DA 10 45 Inflation Hose with Gauge Rental, Weekly, p ,��� Not Bidding NO Bj� #1- O e WK 10 46 Inflation Hose with Gauge Rental, Monthly, Rope Not Bidding NO BIC 47 30"" Inflation MO 10 Hose with Gauge �- � Rental, Daily, Success: All values Bld #� Road Plate 8� X DA 10 $ 81.00 provided 48 12' Rental, Weekly, Success: All values #1- provided B�d 49 Road Plate 8' x WK 10 $ 193.00 12' Rental, Success: All values Bld #� Monthly, Road MO 10 $ 501.00 provided 50 Plate 8' x 12' Rental, Daily, Success: All values #1- provided Bld 51 Road Plate 8� X DA 10 $ 88.00 16' Rental, Weekly, Success: All values #1- provided B�d 52 Road Plate 8� x WK 10 $ 215.00 16' N/A $ 810.00 N/A $ 1,930.00 N/A $ 5,010.00 N/A $ 880.00 N/A $ 2,150.00 Vendor Services Agreement Page 26 of 41 Rental, Success: All values #1- provided B�d 53 Monthly, Road MO 10 $ 539.00 N/A Plate 8' x 16' � � Rental, Daily, Success: All values #1- provided B�d 54 Road Plate 8� x DA 10 $ 95.00 20' N/A Rental, Weekly, Success: All values #1- provided B�d 55 Road Plate 8� x WK 10 $ 231.00 N/A 20' $ 5,390.00 $ 950.00 $ 2,310.00 Rental, Success: All values #1- provided B�d 5g Monthly, Road MO 10 $ 572.00 N/A $ 5,720.00 Plate 8' x 20' Rental, Weekly, Not Bidding NO BIC 57 Road Plate, 8 ft WK 10 X10 ft �- I �_ Rental, Daily, Success: All values B�d #�- Road Plate, 8' x DA 10 $ 82.00 provided 58 10' N/A Rental, Weekly, Success: All values #1- provided B�d 59 Road Plate, 8' x WK 10 $ 181.00 N�A 10' $ 820.00 $ 1,810.00 � � � � � Rental, Success: All values #1- provided B�d gp Monthly, Road MO 10 $ 503.00 N/A $ 5,030.00 Plate, 8' x 10' I I I I I Vendor Services Agreement Page 27 of 41 Success: All values #1- Rental, Daily, provided B�d 61 Trench Box, DA 10 $ 6.00 dshore/MAPS $ 60.00 End Member 6' Rental, Weekly, Success: All values BICi �� Trench Box, WK 10 $ 17.00 �,�,,t�,c��,�MAPS S 170.00 provided 62 End Member 6' , i i , I � 1 � Success: All values #�- Rental, �Q,n��, provided B�d 63 Trench Box, MO 10 $ 44.00 �,�,k�,g,�C,�,�MAPS � 440.00 End Member 6' Success: All values ��_ Rental, Dally, provided B�d gq Trench Box, DA 10 $ 8.00 ��(MAPS $ 80.00 End Member 8' Success: All values #1_ Rental, Weekly, provided B�d 65 Trench Box, WK 10 $ 22.00 �j,�,h,,g,���MAPS � 220.00 End Member 8' � � � � � i � Rental, ��n�lx, Success: All values �1- provided B�d 66 _Trench Box,^ MO 10 $ 56.00 �,�1MAPS $ 560.00 >uccess: All valGes B�d #1- �i r�nch BoX, �p �p� $ g.0o ��(MAPS $ 90.�0 pro�ided G7 End Merr�ber 'I 0' Vendor Services Agreement Page 28 of 41 Rental, Montly, Success: All values #1- Trench Box, provided B�d 69 End Member MO 10 $ 70.00 dshore/MAPS $ 700.00 10' Rental, Daily, ' ' ' ' Success: All values #�- Trench Box, provided B�d 70 Modular Shield DA 10 $ 27.00 shore/MAPS $ 270.00 Panel 24"" x 6' � � � Rental, Weekly, Success: All values #�- Trench Box, provided B�d 7� Modular Shield WK 10 $ 67.00 shore/MAPS $ 670.00 Panel 24"" x 6' Rental, Monthly, Succ p�s�VA�lev�alues B�d 72 Trench Box, MO Modular Shield Panel 24"" x 6' 10 $ 170.00 shore/MAPS $ 1,700.00 Rental, Daily, Success: All values #�- Trench Box, provided B�d 73 Modular Shield DA 10 $ 41.00 shore/MAPS $ 410.00 Panel 24"" x 8' � Rental, Weekly, Success: All values #�- Trench Box, provided B�d 74 Modular Shield WK 10 $ 92.00 shore/MAPS $ 920.00 Panel 24"" x 8' Vendor Services Agreement Page 29 of 41 Rental, Monthly, Success: All values #1- provided B�d 75 Trench Box, MO 10 $ 220.00 shore/MAPS $ 2,200.00 Modular Shield Panel 24"" x 8' Rental, Daily, Success: All values #�- Trench Box, 2' provided B�d 76 Extension Legs DA 10 $ 8.00 N/A $ 80.00 Package � � Rental, Weekly, Success: All values #�- Trench Box, 2' provided B�d 77 Extension Legs WK 10 $ 8.00 N/A $ 80.00 Package Rental, Monthly, Success: All values #1- provided Bld �$ Trench Box, 2' MO 10 $ 8.00 N/A $ 80.00 Extension Legs Package Rental, Daily, Trench Box, Success: All values #1- provided Bld �g Lifting Lugs DA 10 $ 8.00 N/A $ 80.00 For Build A Box EA Rental, Weekly, Trench Box, Success: All values #1- provided B�d gp Lifting Lugs WK 10 $ 8.00 N/A $ 80.00 For Build A Box EA Vendor Services Agreement Page 30 of 41 Rental, Monthly, Success: All values #1- Trench Box, provided B�d 8� Lifting Lugs MO 10 $ 8.00 For Build A Box EA N/A $ 80.00 Rental, Daily, Success: All values #�- Trench Box, provided B�d $2 Lifting Eyes DA 10 $ 8.00 N/A $ 80.00 Lite Shield Set � � Rental, Weekly, Success: All values #�- Trench Box, provided B�d $3 Lifting Eyes WK 10 $ 8.00 Lite Shield Set N/A $ 80.00 Rental, Monthly, Success: All values #1- provided B�d 84 Trench Box, MO 10 $ 8.00 N/A $ 80.00 Lifting Eyes Lite Shield Set Rental, Daily, Trench Box, Success: All values #1- provided Bld 85 Stacking Pins DA 10 $ 8.00 N/A $ 80.00 ForAluminum Box Rental, Weekly, Trench Box, Success: All values #1- provided B�d gg Stacking Pins WK 10 $ 8.00 For Aluminum Box N/A $ 80.00 Vendor Services Agreement Page 31 of 41 Rental, Monthly, Success: All values #1- Trench Box, Bj�J MO 10 $ 8.00 provided 8� Stacking Pins ForAluminum Box � � N/A $ 80.00 Rental, Daily, � � � � Trench Box, Success: All values #1- provided Bld $$ Sling Chain DA 10 $ 61.00 N/A $ 610.00 5/16""x10'4 Leg i i i i Rental, Weekly, Trench Box, Success: All values #1- provided Bld 89 Sling Chain WK 10 $ 142.00 N/A $ 1,420.00 5/16""x10'4 Leg � Rental, Monthly, Success: All values #�- Trench Box, provided B�d 90 Sling Chain MO 10 $ 340.00 5/16""x10'4 Leg I I N/A $ 3,400.00 Rental, Daily, Trench Box, Success: All values #1- provided B�d g� Sling Chain DA 10 $ 64.00 N/A $ 640.00 3/8"" x 14' 4 Leg Rental, Weekly, I I Trench Box, Success: All values #1- provided B�d 92 Sling Chain WK 10 $ 153.00 3/8"" x 14' 4 Leg N/A $ 1,530.00 Vendor Services Agreement Page 32 of 41 Rental, Monthly, Success: All values #1- Trench Box, Bj�J MO 10 $ 372.00 N/A $ 3,720.00 provided 93 Sling Chain 3/8"" x 14' 4 Leg Rental, Daily, Success: All values B�d #�- Trench Box, DA 10 $ 21.00 N/A $ 210.00 provided 94 Lifting Bridle 4 Let x 4' I �7 Rental, Weekly, Success: All values B�d #�- Trench Box, WK 10 $ 41.00 N/A $ 410.00 provided 95 Lifting Bridle 4 Let x 4' � Rental, Monthly, Success: All values #1- provided B�d 96 Trench Box, MO 10 $ 102.00 N/A $ 1,020.00 Lifting Bridle 4 Let x 4' Rental, Daily, Not Bidding NO Bj� #1- Trench Box, DA 10 97 Spreader Bar Kit 8"" x 10' Rental, Weekly, Not Bidding NO Bj� #1- Trench Box, WK 10 98 Spreader Bar Kit8""x10' Vendor Services Agreement Page 33 of 41 Rental, Monthly, Not Bidding NO BIC 99 Trench Box, MO 10 Spreader Bar Kit 8"" x 10' Rental, Daily, Success: All values #�- Trench Box, provided B�d 100 Spreader Bar DA 10 $ 0.00 Pin 10"" � � � Rental, Weekly, Success: All values #1- Trench Box, provided B�d 101 Spreader Bar WK 10 $ 0.00 Pin 10"" N/A N/A Rental, I I I Monthly, Success: All values #1- provided B�d 102 Trench Box, MO 10 $ 0.00 N/A Spreader Bar Pin 10"" � � � Rental, Daily, Success: All values #�- Trench BOX, provided B�d 103 Stacking Pins DA 10 $ 8.00 For Steel Box N/A � � � Rental, Weekly, Success: All values #�- Trench Box, provided B�d 104 Stacking Pins WK 10 $ 9.00 N�A For Steel Box � � � � � $ 0.00 $ 0.00 $ 0.00 $ 80.00 $ 90.00 Vendor Services Agreement Page 34 of 41 Rental, Monthly, Success: All values #1- provided B�d 105 Trench Box, MO 10 $ 20.00 N/A $ 200.00 Stacking Pins For Steel Box Rental, Daily, Success: All values #1- TrenCh Box, provided B�d 106 Lifting Ring DA 10 $ 9.00 N/A $ 90.00 Swivel 1.25"" Rental, Weekly, Success: All values #1- Trench Box, provided B�d 107 Lifting Ring WK 10 $ 20.00 N/A $ 200.00 Swivel 1.25"" � � Rental, Monthly, Success: All values #1- provided B�d �pg Trench Box, MO 10 $ 58.00 N/A $ 580.00 Lifting Ring Swivel 1.25"" Rental, Daily, Trench Box, Success: All values #1- provided B�d 109 Crossing Plate DA 10 $ 9.00 N/A $ 90.00 Lift Screw 1.25"" � Rental, Weekly, Trench Box, Success: All values #1- provided B�d 110 Crossing Plate WK 10 $ 20.00 N/A $ 200.00 Lift Screw 1.25"" Vendor Services Agreement Page 35 of 41 Rental, Monthly, Success: All values #1- Trench Box, provided B�d 111 Crossing Plate MO 10 Lift Screw 1.25"" Rental, Daily, Success: All values #�- Trench Box, Bid provided 112 Sling Chain 3/8"" x 10' $ 58.00 N/A $ 580.00 DA 10 $ 61.00 N/A Rental, Weekly, Success: All values #�- Trench Box, provided B�d 113 Sling Chain WK 10 $ 142.00 N/A 3/8"" x 10' � Rental, Monthly, Success: All values #1- provided B�d 114 Trench Box, MO 10 $ 340.00 Sling Chain 3/8"" x 10' Equipment Rental, High Success: All values #1- provided B�d 115 Clearance Arch, Modular Shield, Per Day Success: All values #1- provided B�d 116 � Equipment Rental, Arch Tube Extension, Maps, 60""- 84"", Per Day N/A $ 610.00 $ 1,420.00 $ 3,400.00 DA 10 $ 33.00 hore/MAPS- $ 330.00 DA 10 $ 30.00 N/A $ 300.00 Vendor Services Agreement Page 36 of 41 Success: All values provided � Rental, Modular #�- Shield Panel, 117 24""x10', Monthly MO 10 $ 223.00 shore/MAPS $ 2,230.00 Vendor Services Agreement Page 37 of 41 Rental, Modular Success: All values #1- provided B�d 118 Shield Panel, DA 10 $ 29.00 shore/MAPS $ 290.00 24""x4', Daily Rental, Modular Success: All values #1- provided B�d ��g Shield Panel, WK 10 $ 54.00 shore/MAPS $ 540.00 24""x4', Weekly Success: All values #1- Set-Up Fee, If provided B�d 120 required EA 1 $ 150.00 N/A $ 150.00 $ 304,195.95 Vendor Services Agreement Page 38 of 41 13PRFP 25-0226 SHORING DATE: 12/9/2025 REFERENCE **M&C 25- LOG NAME: AND TRENCHING NO.: 1104 EQUIPMENT RENTALS WTR AO CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Agreement for Shoring and Trenching Rentals with United Rentals (North America), Inc in an Amount Up to $1,000,000.00 for the Initial One Year Term and Authorize Four One-Year Renewal Options for Shoring and Trenching Rentals for the Water Department in an Amount Up to $1,150,000.00 for the First Renewal, $1,322,500.00 for the Second Renewal, $1,520,875.00 for the Third Renewal, and $1,749,006.00 for the Fourth Renewal RECOMMENDATION: It is recommended that the City Council authorize execution of an agreement with United Rentals (North America), Inc. in an annual amount up to $1,000,000.00 for the initial one-year term and authorize four one-year renewal options for the Water Department in an amount up to $1,150,000.00 for the first renewal, $1,322,500.00 for the second renewal, $1,520,875.00 for the third renewal, and $1,749,006.00 for the fourth renewal. DISCUSSION: The Water Department approached the Purchasing Division to secure an agreement for shoring and trenching rental services. Under the proposed agreement, the vendor will rent out shoring and trenching equipment to the Water Department. Purchasing Staff issued Request for Proposal (RFP) Number 25-0226. The RFP consisted of detailed specifications that described the responsibilities and requirements for providing these services. The RFP was advertised in the Fort Worth Star-Telegram on August 27, 2025, September 3, 2025, September 10, 2025, and September 17, 2025. The City received one (1) submission. An evaluation panel consisting of representatives from the Transportation Public Works, and Water Department reviewed and scored the submittal using Best Value criteria. The individual scores were averaged for each of the criteria, and the final scores are listed in the table below. Proposers Evaluation Factors a. b. c. d. e. Total United Rentals (North America), Inc 23.25 16.88 15.33 10.50 20.00 98.13 The RFP document specified the use of the following Best Value Criteria: a. Qualifications and Experience b. Approach to perform services c. Ability to meet the City's needs d. Litigation History e. Cost Vendor Services Agreement Page 39 of 41 After evaluation, the panel concluded that United Rentals (North America), Inc, presented the best value for the City. Therefore, the panel recommends that the City Council authorize the execution of an agreement with 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 $1,000,000.00; however, the actual amount used will be based on the needs of the department and available budget. Funding is budgeted in the Equipment Lease account in the Water & Sewer Fund for the Water Department. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire one year 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. Small Business Ordinance: The bid was issued before September 1 st, preceding the implementation of the Small Business Goal. Therefore, a Small Business Goal was not assigned. 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 ID ID Submitted for Citv Manaaer's Office bv: Program I Activity � Budget Reference # Amount Year (Chartfield 2) Reginald Zeno (8517) Jesica McEachern (5804) Oriainatina Department Head: Additional Information Contact: Reginald Zeno (8517) Christopher Harder (5020) Haven Wynne ( 8525) Aiyanna Owens (8317) Vendor Services Agreement Page 40 of 41 ATTACHMENTS 13PRFP 25-0226 SHORING AND TRENCHING EQUIPMENT RENTALS funds avail.docx (CFW Internal) FID Table for Shorina and Trenchinq-FY25 (1).xlsx (CFW Internal) Form 1295 Certificate- United Rentals.pdf (CFW Internal) SAM-United Rentals (1).pdf (CFW Internal) SOS-United Rentals.pdf (CFW Internal) Vendor Services Agreement Page 41 of 41 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: United Rentals Subject of the Agreement: Vendor will provide the City with Shoring and Trenching 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.