HomeMy WebLinkAbout065203 - General - Contract - Synergy Rents LLCCSC No. 65203
FORT WORTH-„
VENDOR SERVICES AGREEMENT
This NON-EXCLUSIVE VENDOR SERVICES AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH ("City"), a Texas home -rule municipal
corporation, acting by and through its duly authorized Assistant City Manager, and Synergy
Rents, LLC acting by and through its duly authorized representative, each individually
referred to as a "party" and collectively referred to as the "parties."
1. Scope of Services. Vendor will provide turnkey wastewater bypass pumping
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 term of this Agreement is for one-year, beginning on the date that the
City's Assistant City Manager executes this Agreement ("Effective Date"), unless terminated
earlier in accordance with this Agreement. City will have the option, in its sole discretion, to renew
this Agreement for one additional year under the same terms and conditions (the "Renewal
Term"). The Agreement may renew the Agreement up to four times.
3. Compensation.
3.1 Total compensation under this Agreement will not exceed Two Million and
no/100 Dollars ($2,000,000.00).
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
Exhibit "B"— Payment Schedule, which is attached hereto and incorporated herein for all
purposes, and as may be amended hereafter.
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 specified by this Agreement unless City first approves such expenses in
writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time
and for any reason by providing the other party with 30 days' written notice of termination.
4.2 Non -Appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor Services Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX Page 1 of 22
Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to City of any
kind whatsoever, except as to the portions of the payments herein agreed upon for which
funds have been appropriated.
4.3 Duties and Obligations of the 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. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years
after final payment under this Agreement, or the final conclusion of any audit commenced during
the said three years, have access to and the right to examine at reasonable times any directly
pertinent books, documents, papers and records, including, but not limited to, all electronic
records of Vendor involving transactions relating to this Agreement at no additional cost to City.
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Vendor agrees that City will have access during normal working hours to all necessary Vendor
facilities and will be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. City will give Vendor reasonable advance notice of
intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will
operate as an independent contractor as to all rights and privileges and work performed under
this Agreement, and not as agent, representative or employee of City. Subject to and in
accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive
right to control the details of its operations and activities and be solely responsible for the acts
and omissions of its officers, agents, servants, employees, vendors, and subcontractors. Vendor
acknowledges that the doctrine of respondeat superior will not apply as between City, its officers,
agents, servants and employees, and Vendor, its officers, agents, employees, servants,
contractors, and subcontractors. Vendor further agrees that nothing herein will be 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. Liability 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 CAUSED
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
(INCLUDING 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
ACTION AGAINST CITY FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT,
TRADE MARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM
CITY'S USE OF THE SOFTWARE OR DOCUMENTATION IN ACCORDANCE WITH
THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND,
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SETTLE OR PAY WILL NOT APPLY IF CITY MODIFIES OR MISUSES THE
SOFTWARE AND/OR DOCUMENTATION. SO LONG AS VENDOR BEARS THE COST
AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST CITY
PURSUANT TO THIS SECTION, VENDOR WILL HAVE THE RIGHT TO CONDUCT THE
DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS
SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH
CLAIM; HOWEVER, CITY WILL HAVE THE RIGHT TO FULLY PARTICIPATE IN ANY
AND ALL SUCH SETTLEMENT, NEGOTIATIONS, OR LAWSUIT AS NECESSARY TO
PROTECT CITY'S INTEREST, AND CITY AGREES TO COOPERATE WITH VENDOR
IN DOING SO. IN THE EVENT CITY, FOR WHATEVER REASON, ASSUMES THE
RESPONSIBILITY FOR PAYMENT OF COSTS AND EXPENSES FOR ANY CLAIM OR
ACTION BROUGHT AGAINST CITY FOR INFRINGEMENT ARISING UNDER THIS
AGREEMENT, CITY WILL HAVE THE SOLE RIGHT TO CONDUCT THE DEFENSE OF
ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT
OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM,
HOWEVER, VENDOR WILL FULLY PARTICIPATE AND COOPERATE WITH CITY IN
DEFENSE OF SUCH CLAIM OR ACTION. CITY AGREES TO GIVE VENDOR TIMELY
WRITTEN NOTICE OF ANY SUCH CLAIM OR ACTION, WITH COPIES OF ALL
PAPERS CITY MAY RECEIVE RELATING THERETO. NOTWITHSTANDING THE
FOREGOING, CITY'S ASSUMPTION OF PAYMENT OF COSTS OR EXPENSES WILL
NOT ELIMINATE VENDOR'S DUTY TO INDEMNIFY CITY UNDER THIS AGREEMENT.
IF THE SOFTWARE AND/OR DOCUMENTATION OR ANY PART THEREOF IS HELD
TO INFRINGE AND THE USE THEREOF IS ENJOINED OR RESTRAINED OR, IF AS A
RESULT OF A SETTLEMENT OR COMPROMISE, SUCH USE IS MATERIALLY
ADVERSELY RESTRICTED, VENDOR WILL, AT ITS OWN EXPENSE AND AS
CITY'S SOLE REMEDY, EITHER: (A) PROCURE FOR CITY THE RIGHT TO
CONTINUE TO USE THE SOFTWARE AND/OR DOCUMENTATION, OR (B) MODIFY
THE SOFTWARE AND/OR DOCUMENTATION TO MAKE IT NON -INFRINGING,
PROVIDED THAT SUCH MODIFICATION DOES NOT MATERIALLY ADVERSELY
AFFECT CITY'S AUTHORIZED USE OF THE SOFTWARE AND/OR
DOCUMENTATION, OR (C) REPLACE THE SOFTWARE AND DOCUMENTATION
WITH EQUALLY SUITABLE, 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 ANY AND ALL REMEDIES AVAILABLE TO CITY
UNDER LAW.
9. Assianment and Subcontractina.
9.1 Assignment. Vendor will not assign or subcontract any of its duties,
obligations or rights under this Agreement without the prior written consent of City. If City
grants consent to an assignment, the assignee will execute a written agreement with City
and Vendor under which the assignee agrees to be bound by the duties and obligations
of Vendor under this Agreement. Vendor 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
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Agreement as such duties and obligations may apply. Vendor must provide City with a
fully executed copy of any such subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to
commencement of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents,
or representatives in the course of providing Services under this
Agreement. "Any vehicle" will be any vehicle owned, hired and non -
owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any
other state workers' compensation laws where the Services are being
performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement
to the Commercial General Liability (CGL) policy, or a separate policy
specific to Professional E&O. Either is acceptable if coverage meets all
other requirements. Coverage must be claims -made, and maintained for
the duration of the contractual agreement and for two (2) years following
completion of services provided. An annual certificate of insurance must be
submitted to City to evidence coverage.
10.2 General Requirements
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(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.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of
A- VII in the current A.M. Best Key Rating Guide, or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval of Risk
Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all
required insurance will be delivered to the City prior to Vendor proceeding
with any work pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees
that in the performance of its obligations hereunder, it will comply with all applicable federal, state
and local laws, ordinances, rules and regulations and that any work it produces in connection with
this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules
and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or
regulations, Vendor must immediately desist from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives,
assigns, contractors, subcontractors, and successors in interest, as part of the consideration
herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not
discriminate in the treatment or employment of any individual or group of individuals on any basis
prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES,
ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST,
VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY
AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its
agents, employees, servants or representatives or (2) received by the other party by United States
Mail, registered, return receipt requested, addressed as follows:
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To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to the Fort Worth City Attorney's
Office at the same address
To VENDOR:
Synergy Rents, LLC
Jacob Strom
10117 Princess Palm Ave, Suite 500
Tampa, FL 33610
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or
employ, whether as employee or independent contractor, any person who is or has been
employed by the other during the term of this Agreement, without the prior written consent of the
person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of
either party who responds to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this
Agreement, City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein does not constitute a
waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert
any such right on any future occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with
the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought
pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any
way be affected or impaired.
19. Force Majeure. City and Vendor will exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but will not be held liable for any
delay or omission in performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to, compliance with any government law, ordinance, or
regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars;
riots; epidemics or pandemics; government action or inaction; orders of government; material or
labor restrictions by any governmental authority; transportation problems; restraints or
prohibitions by any court, board, department, commission, or agency of the United States or of
any States; civil disturbances; other national or regional emergencies; or any other similar cause
not enumerated herein but which is beyond the reasonable control of the party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such
obligation is suspended during the period of, and only to the extent of, such prevention or
hindrance, provided the affected party provides notice of the Force Majeure Event, and an
explanation as to how it prevents or hinders the party's performance, as soon as reasonably
possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice
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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. Headings Not Controlling. Headings and titles used in this Agreement are for
reference purposes only, will not be deemed a part of this Agreement, and are not intended to
define or limit the scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel
have reviewed and revised this Agreement and that the normal rules of construction to the effect
that any ambiguities are to be resolved against the drafting party will not be employed in the
interpretation of this Agreement, 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. Entirety 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.
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. Warranty of Services. Vendor warrants that its services will be of a high quality
and conform to generally prevailing industry standards. City must give written notice of any breach
of this warranty within thirty (30) days from the date that the services are completed. In such
event, at Vendor's option, Vendor will either (a) use commercially reasonable efforts to re -perform
the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to
Vendor for the nonconforming services.
26. Immigration and Nationality Act. Vendor must verify the identity and
employment eligibility of its employees who perform work under this Agreement, including
completing the Employment Eligibility Verification Form (1-9). Upon request by City, Vendor will
provide City with copies of all 1-9 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
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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. Signature Authority. The person signing this Agreement hereby warrants that
they have the legal authority to execute this Agreement on behalf of the respective party, and that
such binding authority has been granted by proper order, resolution, ordinance or other
authorization of the entity. This Agreement and any amendment hereto, may be executed by any
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. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of
maintaining updated City records. The president of Vendor or authorized official must sign the
letter. A letter indicating changes in a company name or ownership must be accompanied with
supporting legal documentation such as an updated W-9, documents filed with the state indicating
such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation may adversely
impact invoice payments.
30. No Boycott of Israel. If Vendor has fewer than 10 employees or this
Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that
in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from
entering into a contract with a company for goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of 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 Boycotting Energy 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 Aaainst Firearm and Ammunition Industries.
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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 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)
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Vendor Services Agreement Page 10 of 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
By:
i
Name
Title:
Date:
Jesica McEachern
Assistant City Manager
05/15/2026
VENDOR:
Synergy Rents, LLC
By: "Ira6
Name: Jacob Stroaff
Title: Division Sales Manager
Date: 05/07/2026
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By:
G�iristopher Harde ay 7, 2026 3:23:50 CDT)
Name: Chris Harder
Title: Water Director
Attest:
By:
Name
Title:
a
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p>° G9pd
r /AJ Ov= o=o
CdCy Qoo 654aa
Jannette Goodall
City Secretary
Contract Authorization:
M&C: 26-0314
Date M&C Approved: 4/28/2026
Form 1295: 2026-1441422
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By. RC96fa flied
Name: Regina Jones
Title: Sr. Contract Compliance Specialist
Approved as to Form and Legality:
By: Stephen Hines (May 8, 26 11:34:08 CDT)
Name
Title:
Stephen M. Hines
Sr. Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement Page 11 of 22
EXHIBIT A
SCOPE OF SERVICES
2.0 SCOPE OF SERVICES
2.1 Proposer Responsibilities
2.1.1 The Contractor shall furnish all labor, materials, equipment,
supervision, and expertise necessary to design, install, operate,
maintain, and demobilize temporary bypass pumping systems to
divert wastewater flow around active construction, repair, or
maintenance work areas within the City of Fort Worth's sanitary
sewer collection system. The Contractor shall provide a complete
turnkey bypass pumping solution, including pumps, piping,
fittings, valves, plugs, fuel systems, monitoring, and all associated
appurtenances necessary to ensure uninterrupted sewer service. All
work shall comply with OSHA, TCEQ, and City standards and be
performed under the supervision of qualified personnel. The
Contractor shall also comply with all City of Fort Worth field
safety and work zone requirements during installation, operation,
and demobilization of bypass pumping systems.
2.1.2 Field Services
The Contractor shall designate a Project Manager with no less
than five (5) years of experience in the design, installation, and
operation of sanitary sewer bypass pumping systems. The Project
Manager shall be responsible for coordinating site access,
staging, trenching, safety setup, plug or stop -log installation,
scheduling, inspection readiness, and daily communication with
the City. The Contractor shall provide qualified personnel to
perform all field operations and ensure the system functions
continuously throughout the bypass event.
3.1.3 Pump setup shall be charged once per pump for each
mobilization and will encompass all necessary labor, delivery,
removal, equipment, valves, fittings, placement and materials
needed for the setup of the pumps. No additional charges
related to pump setup will be accepted by the City.
Vendor Services Agreement Page 12 of 22
3.1.4 All charges for pipe fusion shall be per linear foot per diameter
and shall include all labor, delivery, removal, equipment, valves,
fittings and materials needed for the fusion of all pipes
necessary.
3.1.4.1 The Contractor shall have a high -density polyethylene
(HDPE) pipe fusing machine and telehandler forklift or
similar to off-load equipment upon delivery. No additional
charges for pipe fusion will be accepted by the City.
3.1.4.2 Pipe fusing shall be in accordance with the most recent
edition of ASTM F2620.
3.1.5 Contractor's personnel shall familiarize themselves with the
character and quality of materials and equipment required.
3.1.6 Contractor's personnel shall be trained to fuse HDPE pipe.
3.1.7 Contractors shall ensure that their personnel are fully and
properly equipped to perform all services encompassed under
this specification, promptly and safely.
3.1.8 Pump Watch - The Contractor shall have on -site qualified
personnel for monitoring the entire bypass installation while it's
in operation. The entire length of bypass piping shall be
walked and inspected hourly to monitor for leaks.
3.1.8.1 This pump watch shall include refueling pumps and
maintaining pumps as needed.
3.1.8.2 Pump watch shall be charged per day and shall include
all necessary personnel, travel, lodging, and incidentals
for monitoring the entire bypass installation at no
additional costs.
3.2 System Design, Submittals, and Reporting
The City shall provide wastewater flow information, upstream and
downstream manhole locations and depths, invert elevations, manhole
and pipe diameters related to the wastewater line to be bypassed.
3.2.1 Prior to mobilization, the Contractor shall submit a detailed plan
and description outlining all provisions and precautions that will
Vendor Services Agreement Page 13 of 22
be taken with regard to the handling of sewer flows for City
review and approval. Include the following details:
3.2.1.1 Schedule for installation and maintenance of the bypass
pumping system
3.2.1.2 Staging areas for pumps
3.2.1.3 Pump sizes, capacity, number of each size, and power
requirements
3.2.1.4 Calculations for static lift, friction losses, and velocity
3.2.1.5 Pump curves showing operating range and system head
curves
3.2.1.6 Sewer plugging methods
3.2.1.7 Size, length, material, joint type, and method for
installation of suction and discharge piping
3.2.1.8 Method of noise control for each pump and/or generator,
if required
3.2.1.9 Standby power generator size and location
3.2.1.10 Suction and discharge piping plan
3.2.1.11 Emergency action plan identifying the measures taken
in the event of a pump failure or sewer spill
3.2.1.12 Staffing plan for responding to alarm conditions,
identifying multiple contacts by name and phone numbers
(office, mobile)
3.2.1.13 A contingency plan to implement in the event the
replacement or rehabilitation has unexpected delays or
problems
3.2.1.14 Calculations shall include design flow, pump sizing,
friction loss, static head, redundancy verification,
suction/discharge profiles, and emergency backup
capacity. No bypass operations shall commence until
written City approval is received. During operation, the
Contractor shall maintain daily operational logs, flow
records, and inspection notes. Following completion, the
Contractor shall provide final as -built documentation,
Vendor Services Agreement Page 14 of 22
including bypass layout, discharge and suction locations,
and site restoration summary.
3.3 Equipment Maintenance and Operational Reliability
3.3.1 The Contractor shall be responsible for performing all necessary
maintenance and service on pumps and engines used during
active bypass pumping operations. This includes both rental
equipment supplied by the Contractor and City -owned pumps
utilized during emergency or temporary bypass conditions.
3.3.1.1 All maintenance, including de -ragging, hose and gasket
replacement, lubrication, engine repair, and general
servicing, shall be included in the Contractor's bid pricing
for pumps.
3.3.2 Only maintenance or repairs on City -owned pumps, if used, may
be invoiced separately, provided such work is pre -approved by
the City and properly documented. The Contractor shall
document all maintenance performed and include service
records in the bypass operational log submitted to the City. All
maintenance activities shall comply with manufacturer
specifications and City safety standards.
3.4 Mobilization
3.4.1 Contractor shall respond and be onsite within 24 hours of
notification for a regular mobilization.
3.4.2 Contractor shall respond and be on -site within 4 hours of
notification for an emergency mobilization.
3.5 Equipment Requirements
3.5.1 Pumps
3.5.1.1 Centrifugal
3.5.1.1.1 Engines on Pumps shall be gasoline fueled for
2", 3", and 4" pumps, commercial grade with
iron sleeves. 6" pumps and larger shall be diesel
fueled and air-cooled. If pumps fail to meet
application requirements (flow, pressure, and
head), replacements must be made available
Vendor Services Agreement Page 15 of 22
within the same day the original request was
made.
3.5.1.1.2 Upon request, the pumps shall be sanitized so
they can be utilized for potable water.
3.5.1.2 Submersible
3.5.1.2.1 All motors in submersible pumps shall be
powered by electricity.
3.5.1.2.2 Upon request, the pumps shall be sanitized so
they can be utilized for potable water.
3.5.1.3 Pumping
3.5.1.3.1 Provide equipment that will convey 100
percent of wet weather peak flow conditions.
3.5.1.3.2 Provide fully automatic self -priming pumps.
Foot -valves or vacuum pumps are not
3.6 Hose
permitted for priming the system.
3.5.1.3.3 Pumps must be constructed to allow dry running for periods of time to account
for the cyclical nature of sewer flow.
3.5.1.3.4 Provide one (1) stand-by pump for each size to be maintained on site. Place
backup pumps on line, isolated from the primary system by valve.
3.5.1.3.5 If multiple pumps are required to meet the flow requirements, provide the
necessary fittings and connections to incorporate multiple discharges at no
additional costs.
3.5.1.3.6 Noise levels of the pumping system must follow the requirements of the City
noise ordinance for gas wells.
3.6.1 Suction Hose
3.6.1.1 Standard range of diameters for hoses is 4" to 16";
however the City reserves the right to request diameters
outside of this range.
3.6.1.2 All hoses shall have the proper fittings to connect to the
supplied pumps.
Vendor Services Agreement Page 16 of 22
3.6.1.3 All hoses must have strainers capable of passing the
same size solids that the pump will pass without
clogging.
3.6.2 Discharge Hose
3.6.2.1 Standard range of diameters for hoses is 4" to 16";
however, the City reserves the right to request diameters
outside of this range.
3.6.2.2 All hoses shall have the proper fittings to connect to the
supplied pumps.
3.7 Plugs
3.6.2.3 All hoses must have strainers capable of passing the same size solids that the pump
will pass without clogging.
3.7.1 Select a plug that is made for the size and potential pressure
head that will be experienced.
3.7.2 Provide an additional anchor, support, or bracing to secure plug
when back pressure is present.
3.7.3 Provide an additional anchor, support, or bracing to secure plug
when back pressure is present.
3.7.4 Use accurately calibrated air pressure gauges for monitoring the
inflation pressure.
3.7.5 Place the inflation gauge at a location outside of confined space
area. Keep the inflation gauge and valve a safe distance from the
Plugs.
3.7.6 Never overinflate the plug beyond its pressure rating.
3.7.7 The Contractor shall be responsible for any damage caused by
loss of pipe plugs.
3.8 Pump Rental Charges
3.8.1 Pump rental charges shall only begin upon acceptance of
equipment, by the City, for onsite equipment delivery. For
equipment picked by the City, if needed, at the Contractors
facility, rental will begin upon pickup.
Vendor Services Agreement Page 17 of22
3.8.2 Pump rental charges shall stop upon notice from the City. This
includes if a Contractor hired by the City assumes responsibility
for bypass pumping costs or the bypass pumping is no longer
needed. No additional charges will be accepted by the City after
this notice.
3.8.2.1 For pumps picked up by the City and shall be removed by
the Contractor after the bypass pumps are no longer
required, the rental charges shall stop upon notice to the
Contractor. The Contractor will be allowed to charge a
one-time pick-up fee for these pumps.
3.9 Installation
3.9.1 Install and operate pumping and piping equipment in
accordance to the submittals provided per this Specification.
3.9.2 Sewer flow stoppage/plugging
3.9.2.1 Use confined space procedures and equipment during
installation when necessary.
3.9.2.2 Thoroughly clean the pipe before insertion of the plug.
3.9.2.3 Insert the plug seal surface completely so it is fully
supported by the pipe.
3.9.2.4 Position the plug where there are not sharp edges or
protrusions that may damage the plug.
3.9.2.5 Use pressure gauges for measuring inflation pressures.
3.9.2.6 Minimize upstream pressure head before deflating and
removing.
3.9.3 Sewer flow control and monitoring
3.9.3.1 Take sufficient precautions to ensure sewer flow
operations do not cause flooding or damage to public or
private property. The Contractor is responsible for any
damage resulting from bypass pumping operations.
3.9.3.2 Begin continual monitoring of the sewer system as soon
as the sewer is plugged or blocked. Be prepared to
immediately start bypass pumping if needed due to
surcharge conditions.
Vendor Services Agreement Page 18 of22
3.9.3.3 Sewer discharge may be into another sewer manhole or
appropriate vehicle or container only. Do not discharge
sewer into an open environment such as an open channel
or earthen holding facility.
3.9.3.4 Do not construct bypass facilities where vehicular traffic
may travel over the piping.
3.9.3.4.1 Provide details in the suction and discharge
piping plan that accommodate both the bypass
3.10 Site Quality Control
facilities and traffic without disrupting either service.
3.10.1 Site Tests and Inspection
3.10.1.1 Perform leakage and pressure tests of the bypass
pumping pipe and equipment before actual operation
begins. Have City staff on site during tests
3.11 Safety
3.11.1 The Contractor shall be responsible for meeting all Federal laws,
ordinances, and regulations; State laws, ordinances, and
regulations; county laws, ordinances, and regulations; and City
laws, ordinances, and regulations for the safety of people,
environment, and property. This includes, but is not limited to, all
licenses, all Federal, State, County, and City Agencies,
Administrations, and Commissions, such as the Environmental
Protection Agency (EPA), Occupational Safety and Health
Administration (OSHA), and the Texas Commission on
Environmental Quality (TCEQ). The Contractor must be
thoroughly familiar with all prevailing safety measures pertinent
to its operations. This shall include, but not necessarily be limited
to, Environmental Health Agency (EPA) regulations, Fort Worth
City Ordinances, and Occupational Safety and Health Agency
(OSHA) regulations. In addition, the Contractor shall be wholly
responsible for instructing its employees in these safety measures
and seeing that they are fully executed within every respect. The
Contractor is responsible for ensuring all workers are certified to
perform the task.
Vendor Services Agreement Page 19 of 22
EXHIBIT B
PAYMENT SCHEDULE
Status Bid #
Decision
Project Ref# 26-0069; Turnkey Emergency Bypass
Success: All values
Bid
#1-1
Pipe fusion 4"
LF
1
$ 5.50
Synergy
$ 5.50
provided
Success: All values
Bid
#1-2
LF
1
$ 5.50
Synergy
$ 5.50
provided
Pipe fusion 6"
Success: All values
Bid
#1-3
LF
1
$ 9.50
Synergy
$ 9.50
provided
Pipe fusion 8"
Success: All values
Bid
#1-4
LF
1
$ 9.50
Synergy
$ 9.50
provided
Pipe fusion 10"
Success: All values
Bid
#1-5
LF
1
$ 9.50
Synergy
$ 9.50
provided
Pipe fusion 12"
Success: All values
Bid
#1-6
LF
1
$ 13.50
Synergy
$ 13.50
provided
Pipe fusion 16"
Success: All values
Bid
#1-7
Ea
1
$ 1,080.00
Synergy
$ 1,080.00
provided
Pump Setup 4"
Success: All values
Bid
#1-8
Ea
1
$ 2,160.00
Synergy
$ 2,160.00
provided
Pump Setup 6"
Success: All values
Bid
#1-9
Ea
1
$ 2,160.00
Synergy
$ 2,160.00
provided
Pump Setup 8"
Success: All values
Bid
#1-10
Ea
1
$ 2,160.00
Synergy
$ 2,160.00
provided
Pump Setup 10"
Success: All values
Bid
#1-11
Ea
1
$ 2,700.00
Synergy
$ 2,700.00
provided
Pump Setup 12"
Success: All values
Bid
#1-12
Ea
1
$ 2,700.00
Synergy
$ 2,700.00
provided
Pump Setup 16"
Success: All values
Bid
#1-13
Da
1
$ 168.00
Synergy
$ 168.00
provided
Pump Rental 4"
Success: All values
Bid
#1-14
Da
1
$ 226.00
Synergy
$ 226.00
provided
Pump Rental 6"
Vendor Services Agreement Page 20 of22
Success: All values
Bid
#1-15
Da
1
$ 288.00
Synergy
$ 288.00
provided
Pump Rental 8"
Success: All values
Bid
#1-16
Da
1
$ 436.00
Synergy
$ 436.00
provided
Pump Rental 10"
Success: All values
Bid
#1-17
Da
1
$ 507.00
Synergy
$ 507.00
provided
Pump Rental 12"
Success: All values
Bid
#1-18
Da
1
$ 1,432.00
Synergy
$ 1,432.00
provided
Pump Rental 16"
Success: All values
Bid
#1-19
Wk
1
$ 503.00
Synergy
$ 503.00
provided
Pump Rental 4"
Success: All values
Bid
#1-20
Wk
1
$ 678.00
Synergy
$ 678.00
provided
Pump Rental 6"
Success: All values
Bid
#1-21
Wk
1
$ 863.00
Synergy
$ 863.00
provided
Pump Rental 8"
Success: All values
Bid
#1-22
Wk
1
$ 1,307.00
Synergy
$ 1,307.00
provided
Pump Rental 10"
Success: All values
Bid
#1-23
Wk
1
$ 1,522.00
Synergy
$ 1,522.00
provided
Pump Rental 12"
Success: All values
Bid
#1-24
Wk
1
$ 4,296.00
Synergy
$ 4,296.00
provided
Pump Rental 16"
Success: All values
Bid
#1-25
MO
1
$ 1,508.00
Synergy
$ 1,508.00
provided
Pump Rental 4"
Success: All values
Bid
#1-26
MO
1
$ 2,032.00
Synergy
$ 2,032.00
provided
Pump Rental 6"
Success: All values
Bid
#1-27
MO
1
$ 2,586.00
Synergy
$ 2,586.00
provided
Pump Rental 8"
Success: All values
Bid
#1-28
MO
1
$ 3,920.00
Synergy
$ 3,920.00
provided
Pump Rental 10"
Success: All values
Bid
#1-29
MO
1
$ 4,565.00
Synergy
$ 4,565.00
provided
Pump Rental 12"
Success: All values
Bid
#1-30
MO
1
$ 12,886.00
Synergy
$ 12,886.00
provided
Pump Rental 16"
Success: All values
Bid
#1-31
Ea
1
$ 350.00
Synergy
$ 350.00
provided
Pump Pick Up
Success: All values
Bid
#1-32
Ea
1
$ 850.00
Synergy
$ 850.00
provided
Pump Sanitation
Success: All values
Bid
#1-33
Da
1
$ 80.00
Plug Tech
$ 80.00
provided
Plug 15" up to 36"
Vendor Services Agreement Page 21 of22
Success: All values
Bid
#1-34
Da
1
$ 250.00
Plug Tech
$ 250.00
provided
Plug 37" up to 54"
Success: All values
Bid
#1-35
Da
1
$ 350.00
Plug Tech
$ 350.00
provided
Plug > 54"
Success: All values
Bid
#1-36
Regular
Ea
1
$ 500.00
Synergy
$ 500.00
provided
Mobilization
Success: All values
Bid
#1-37
Emergency
Ea
1
$ 750.00
Synergy
$ 750.00
provided
Mobilization
Success: All values
Bid
#1-38
Pump
Hr
1
$ 185.00
Synergy
$ 185.00
provided
Maintenance
Success: All values
Bid
#1-39
Da
1
$ 3,540.00
Synergy
$ 3,540.00
provided
Pump Watch
Parts for Repairs,
Discount
Success: All values
Bid
#1-40
Percentage,
please see RFP-
DO
1
$ 14,250.00
Synergy
$ 14,250.00
provided
09-Discount and
Markup Calculator
cell F6 for Unit
Price
TotalBasket
$ 73,841.00
Grand Total
$ 73,841.00
Vendor Services Agreement
Page 22 of22
4/28/26, 8:19 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 4/28/2026 REFERENCE
NO..
CODE: P TYPE:
Official site of the City of Fort Worth, Texas
FOR H
**M&C 26- 13PRFP 26-0069 TURNKEY
0314 LOG NAME: EMERGENCY BYPASS WTR
AO
PUBLIC
CONSENT HEARING: NO
SUBJECT. (ALL) Authorize Execution of Non -Exclusive Agreements with Turnkey Pump Services,
LLC and Opifex-Synergy dba Synergy Rents LLC for Turnkey Emergency Bypass
Services in an Amount Up to $2,000,000.00 for the Initial One -Year Term and Authorize
Four One -Year Renewal Options for the Same Annual Amount for the Water Department
RECOMMENDATION:
It is recommended that the City Council authorize the execution of non-exclusive agreements with
Turnkey Pump Services, LLC and Opifex-Synergy dba Synergy Rents LLC for turnkey emergency
bypass services, in an annual amount up to $2,000,000.00, for a one-year 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 turnkey
wastewater bypass pumping located at various Water and Wastewater facilities. The City of Fort
Worth (City) is one of the nation's fastest -growing metroplexes and provides service to approximately
1.5 million customers. The City is responsible for maintaining approximately 4,000 linear miles of
wastewater collection mains. With a system of this size, there are times when emergency bypasses
of the collection system are required. The City invited firms (Vendor) to participate in this Request for
Proposal (RFP) to establish an annual agreement to furnish all labor, materials, equipment,
supervision, and expertise necessary to design, install, operate, maintain, and demobilize temporary
bypass pumping systems to divert wastewater flow around active construction, repair, or maintenance
work areas within the City of Fort Worth's sanitary sewer collection system.
Purchasing Staff issued RFP Number 26-0023. 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 January 21, 2026, January 28, 2026,
February 4, 2026, February 11, 2026, February 18, 2026, and February 25, 2026. The City received
two (2) responses.
An evaluation panel consisting of representatives from the Water and Aviation 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.
FProposers F Evaluation Factors
Fa. b. c. d. e. Total
0Rents LLC I�" -Synergy d.b.a. Synergy 00 15.75 16.25 10.50 20.00 62.50
Rents
Turnkey Pump Services, LLC 0.00 23.25 16.25 14.50 20.00 73.61
The RFP document specified the use of the following Best Value Criteria:
a. Small Business Participation
b. Contractor's prior experience and references on similar projects with other water utilities
c. Proposed schedule, work plan, equipment, and value/cost proposition
apps.cfwnet.org/counciI_packet/mc_review.asp? I D=34357&counciIdate=4/28/2026 1 /3
4/28/26, 8:19 AM
M&C Review
d. Specific qualifications of key personnel intended to be assigned to the project
e. Cost
After evaluation, the panel concluded that Turnkey Pump Services, LLC and Opifex-Synergy dba
Synergy Rents LLC presented the best value to the City. Therefore, the panel recommends that City
Council authorize the execution of an agreement with Turnkey Pump Services, LLC, and Opifex-
Synergy d.b.a. Synergy Rents LLC. No guarantee was made that a specific amount of services would
be purchased.
FUNDING: The maximum annual amount allowed under this agreement is $2,000,000.00; however,
the actual amount used will be based on the needs of the department and available budget. Funding
is budgeted in the General Operating & Maintenance category in the Water & Sewer Fund for the
Water Department.
AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and
shall expire one year from that date.
RENEWAL TERMS: This Agreement may be renewed at the City's option for up to four
additional, one-year renewal options in a combined amount up to $2,000,000.00 for a one-year initial
term, and authorize four one-year renewal options for the same amount for the Water Department.
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: In accordance with the City's Small Business Ordinance, the City
has established a 30\% Small Business goal for this solicitation/contract. No vendor met the criteria to
achieve this goal. Therefore, the responses were?evaluated based on the remaining Best Value
Criteria.
This will serve ALL COUNCIL DISTRICTS.
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\\
T
Fund
Department
ID
Account
Project
ID
Program
Activity
Budget
Year
Reference #
(Chartfield 2)
Amount
FROM
Fund
Department
Account
Project Program
Activity
Budget
Reference #
Amount
ID
ID
Year
(Chartfield 2)
Submitted for City Manager's Office by.
Originating Department Head:
Additional Information Contact:
Reginald Zeno (8517)
Jesica McEachem (5804)
Reginald Zeno (8517)
Christopher Harder (5020)
Haven Wynne (8525)
Aiyanna Owens (8317)
apps.cfwnet.org/counciI_packet/mc_review.asp? I D=34357&counciIdate=4/28/2026 2/3
4/28/26, 8:19 AM
M&C Review
ATTACHMENTS
13PRFP 26-0069 TURNKEY EMERGENCY BYPASS WTR AO funds avail.docx (CFW Internal)
FID Emerrgency Bypass Pumping.xlsx (CFW Internal)
Form 1295 - Certificate of Interested Parties Signed.pdf (CFW Internal)
Form 1295.pdf (CFW Internal)
SAM-Synergypdf (CFW Internal)
sam-turnkey,pdf (CFW Internal)
SOS-TurnkeyPump.pdf (CFW Internal)
Synergy SOS.Ip f (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp? I D=34357&counciIdate=4/28/2026 3/3
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Synergy Rents LLC
Subject of the Agreement: Vendor shall provide turnkey wastewater bypass pumping services
M&C Approved by the Council? * Yes 0 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0 n/a
off so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No ❑✓
If unsure, see backpage 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: 5/15/2026
If different from the approval date.
Expiration Date: 5/15/2027
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.
Project 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 processing in the followingorder:
rder:
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.