HomeMy WebLinkAboutContract 53100 CITY SFCRF-fARY
COWRACTNO. 53 r Ck'
VENDOR SERVICES AGREEMENT
WATER DAMAGE MITIGATION SER VICES
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,acting by and
through its duly authorized Assistant City Manager, and First Restoration, Inc. ("Vendor"), and acting by
and through its duly authorized President, each individually referred to as a "party" and collectively
referred to as the "parties."
AGREEMENT DOCUMENTS:
This Agreement and supporting documents shall include Exhibit A City of Fort Worth Bid Offer Sheet
(in its entirety) and Vendor's incorporated Response thereto and Exhibit B — Verification of Signature
Authority.
Exhibits A and B,which are attached hereto and incorporated herein,are made a part of this Agreement for
all purposes. In the event of any conflict between the terms and conditions of Exhibit A and the terms and
conditions set forth in the body of this Agreement,the tcrrns and conditions of this Agreement shall control.
1. SCOPE OF SERVICES.
Water Damage Mitigation Services. Exhibit A more specifically describes the services to be
provided hereunder.
2. TERM.
This Agreement shall begin on the Effective Date, as established herein, and shall expire on
September 30, 2020, unless terminated earlier in accordance with this Agreement. City shall have the
option. in its sale discretion, to renew this Agr-ecmunt under the same terms and conditions, lbr up to Four
(4)one-year(October I September 30) renewal options,
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit A. Total
payment per term made under this Agreement shall not exceed the amount of ninety nine thousand
dollars ($99,000). Vendor shall 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 shall 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 fiends 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 shall 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
payments herein agreed upon for which funds have been appropriated. 1- FF0(5VAL RECORD
Vendor Services Agreement _ P 1 �F 2
9 � ,
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of tennination. Upon termination of this Agreement for any
reason,Vendor shall 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 shall 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 frill
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 shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in
any way.Vendor shall 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 shall,in good faith,use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall, until the expiration of three(3)years after final payment under this
contract, 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 shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall 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 shall 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, consultants and
subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation
Vendor Services Agreement Page 2 of 12
of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no
way be considered a co-employer or a joint employer of Vendor or any officers,agents,servants,employees
or subcontractor of Vendor. Neither Vendor,nor any officers, agents,servants,employees or subcontractor
of Vendor shall be entitled to any employment benefits from City. Vendor shall 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 subcontractor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBYCOVENANTSANDAGREES
TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION Vendor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to
continue to use the software and/or documentation;or(b)modify the software and/or documentation
to make it non-infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and/or
Vendor Services Agreement Page 3 of 12
documentation. with equally suitable, compatible, and functionally equivalent non-infringing
software and/or documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid
to Vendor by City,subsequent to which termination City way seek any and all remedies available to
City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Vendor shall not assign or subcontract any of its primary duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment,the assignee shall 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
shall 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 for primary duties,such subcontractor
shall execute a written agreement with Vendor referencing this Agreement under which subcontractor shall
agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply.Vendor shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Insurance requirements are found in Exhibit A.
11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder, it shall 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 shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest,
as pail of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder,it shall 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, 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 shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by electronic means with confirmation of the transmission,or(3)received by
the other party by United States Mail,registered, return receipt requested, addressed as follows:
Vendor Services Agreement Page 4 of 12
To CITY: To VENDOR:
City of Fort Worth First Restoration Services Inc.
Attn: Dana Burghdoff,Assistant City Manager James H. Farley, President
200 Texas Street 1000 Enterprise Place
Fort Worth, TX 76102-6314 Arlington, TX 76001
Facsimile: (817)392-8654 (817) 557-6810
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor shall, 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 shall 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.
M. 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 shall 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 shall 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
shall 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 shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Vendor shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but shall 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: acts of the
Vendor Services Agreement Page 5 of 12
public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall 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 shall not be employed in the interpretation of this Agreement including its.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment, modification, or extension of this Agreement shall 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 its Exhibit, 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 shall, for all
purposes, be deemed an original, but all such counterparts shall 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 shall either (a) use
commercially reasonable efforts to re-perform the services in a manner that confonns with the warranty,or
(b)refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (f-9). Upon
request by City, Vendor shall provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall 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
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
Vendor Services Agreement Page 6 of 12
VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further, City shall 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 shall 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 shall 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 he/she has 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 whose name, title and signature is affixed on
the Verification of Signature Authority Form, which is attached hereto as Exhibit B. 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 shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records.The president of Vendor or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9, documents filed with the state
indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Vendor unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, if Vendor has 10 or more full time-employees and the contract value is $100,000 or
more, the City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Vendor certifies that Vendor's signature provides written verification to the City that if
Vendor Services Agreement Page 7 of 12
Chapter 2270,Texas Government Code applies,Vendor: (1) does not boycott Israel; and (2)will not
boycott Israel during the term of the contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
dav_ of , 20 , to be effective as of the date subscribed by the City's Assistant City
Manage,- ("L=rfwctive Date"),
(signature page anti exhibits follow)
Vendor Services Agreement Page 8 of 12
ACCEPTED AND AGREED:
CII'V OF FORT WO 'l I: 'ENDOR.
M
By: Nantc: Taal Burgh ..l' 13v: amc: James 1-1.Mat ey
Title: Ass, ail City Manager itle: l('m dent .
Date: Date:
APPROVAL RGCOPYIME DLD:
I
Bv:
Name: Christopher,l'.Harder
Title: PF Director � '
WaterDcpartment
Sys 1
6y: flame: Mar —
y
•title: city. etnry
f
APPROVED AS TO FORIN9 AND CONTRACT COMPLIA\Ci MANAGER:
I,,LG:1IaI1 4': By signing I.icknowledge that I atn the person responsible
for the moniloring and i1d3111nlstratloit o this contract,
including ensuring;all perl'nrntance and reporting
i;oti
By:
a . aughz Isla
Title: Assistant City Attorney
thy COVTRACI' IUTHORIZATION:ht&C: Services Coordinator
DATE:
1295:_
Vendor Sorvires Agreement Page 9 of 13
r<
OFFIC L RECORD
CITY SECRE ARIF
EXHIBIT A
SCOPE OF SERVICES
70 pages attached behind this cover sheet.
Vendor Services Agreement—Exhibit A Page 10 of 12
FoRTi WORTH.
CITY OF FORT WORTH-11311) OFFER
-Event_1D_ _ ______ Page Invited: BIDDERS
CFW0a J
Event_;i ound Version
l. __._11----------
Event Name
;TZ.� r Submit To: City of Fort Worth
_?eryices
start Finish Time PURCHASING DIVISION
9 8JQ 7/ __I.3�.3 LOWER LEVEL CITY HALL
r�2019 09:00:00j�pj..... 19 R_
200 TEXAS ST.
Fort Worth TX 76102
United States
Email- FMSPurchasingResponses@fbrtworthtexaE;.gov
Event'Description
The City of Fort Worth(City)seeks bids to establish an Annual Agreement for Water Damage Mitigation Services
for the Water Department per the attached specifications.This Agreement shall begin on the date stated on the
contra (Effective Date)and shall expire on upcoming September 30th,2020(Expiration Date),unless
i terminated earlier in accordance with this Agreement(Initial Term).Upon the expiration of the Initial Term,
the Agr6ament shall renew automatically under the same terms and conditions for up to four(4)one-year
renewal periods(October I to September 30),unless City or Vendor provides the other party with notice of
non-renewal at least 60 days before the expiration of the Initial Term or renewal period.Unit price shall
include all cost associated including but not limited to delivery,installation,travel,materlials,freight
and/or fuel charges.No additional charges will be accepted or paid by the City
Terms & Conditions
Pre-Bid Conference:None
Bidslare solicited for furnishing the merchandise,supplies,services and/or equipment as set forth in this
solicitation.Completed Bids including one executed original,one copy and one USB flash drive containing
electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,AUGUST 22,
2019,and then publicly opened and read aloud at 2:00 P.M_in the Council Chambers.Bids must be submitted In
a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing
Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICEAND TIME STAMPED PRIOR TO THE 1.30 DEADLINE IN
ORDER TO BE CONSIDERED- Bids shall be mailed or hand delivered to the following address:
City bf Fort Worth,Purchasing Division,
I Low6r Level,City Hall,200 Tens Street, Fort Worth,Texas 76102
1 Bidsi delivered by special courier(i.e. Federal Express,Special Delivery etc.)are to be marked on the
I outside of the courier s shipping envelope BID No.19-0000025,tTB-WATER DAMAGE MITIGATION SERVICES AMD
MU�T BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1.30 DEADLINE IN ORDER TO BE
CONSIDERED.
Latel bids will be returned or destroyed;they will not be opened nor considered In the evaluation of the bid-
Bidsi may be withdrawn at any time prior to the Official opening.Bids may not be altered,amended or withdrawn
after,the official opening.The undersigned agrees,if the bid is accepted,to furnish any and all Items upon
which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications;contained in
this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date.
Cooperative Purchasing'.
Should other Governmental entities decide to participate In this contract,would you,the Vendor,agree that
all terms,conditions,specifications,and pricing shall apply(see section J I)? Yds_jel No
SECTION NAME- TITLE
COVER PAGE BID OFFER SHEET'-Cover page of Final Bid Document V1 and attached as separate document
PART 1 PURCHASING A(3RFFMFNT OF SPECIFICATIONS Part I of Final Bid Document VI
PART 2 INSTRUCTION TO BIDDERS-Part 2 of Final Bid Document V1
PART SCOPE OF SERVICESISPECIFICATIONS-Part 3 of Final Bid Document V1
PART CITY OF FORT WORTH STANDARD TERMS AND CONDITIONS-Part 4 of Final Bid Document V1
ArQACHMENTA CONFLICT OF INTEREST QUESTIONNAIRE-Final Bid Document VI
ATT1CHMENTB VENDOR CONTACT INFORMATION FORM-Final Bid Document V1
ATTACHMENT C CONSIDERATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS-Final Bid Document V1
ATTACHMENT D REFERENCE SHEET-Final Bid Document V1
ATTACHMENT E HOW TO REGISTER WITH THE CITY OF FORT WORTH-Final Bid Document V1
AT-11ACHMENT F NO BID SHEET-Final Bid Document V1
ATTACHMENT G SCOPE OF WORKfSPECIFICATIONS-Final Bid Document V1
*Requlred to be completed and submitted-See Section 2D.0, Part 3 for all required document submission-
Doe,uments are hereby incorporated into this Solicitation by reference,with the same force and effect as if
they were incorporated in full text-
Fopa WoRTH.,
"* '9— ID OFFER
CITY OF FORT WORTH B
Event I? Invited: BIDDERS
CE?Woi-,i9-0000025 --------------- 2
Event Round Version
Event Name
.6at. rj)?�M e ni�4qation Services Submit To: City of Fort Worth
StartTime Finish Time PURCHASING DIVISION
08/07/ cL.;qkjoO CDT W8
L3.QO-00 CDT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurGhasingResponses@fortworthtexas.gov
The undersigned,by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by
sul: itting and signing below,acknowledges that he/she has received and read the entire document packot
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
lor Com'pany Name:
r3t -e-s a+i
I Corn I IpanyAddress: 1QM n rLUr;Sq- Placo_
City,iState'Zip: 1; 41 4-fry) sR C70c)
Vendor Registration No. Cown I qrA os
Printled Name of Officer or Authorized Represeritaj'06%_
Titlei 1 1Kat
H-
Signiature of Officer arAuthorized Representative-.
Date _q
Email Address: S J2 C D/
Ph4e Number: r Elk
FORT WORTYI,
CITY OF r-ORT WOW1 H- BID OFFER
Event ID --Page] Invited: BIDDERS
CM01-.'19-0000025
Event Round Version
Event Name damage t4itiq Submit To: City of Fort Worth
iT.B - Water r ation servicew
Start Tiine Finish Time PURCHASING DIVISION
08t22/2019 13:30.OU CDT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchastngResponses@fbrtworthtexes.gov
Line Details
Description: Q__Ity Unit' Total
EMERGENCY RFSTO &4- _FzR EX-TRACTION 10500-00 SF
Unw� 2
1). Qtv Unit UnitPrice Total
DEHUMIDIFIER(RENTAL)-SMALL SIZE-MIN 15.00 EA
NU M bER OP DAYS(3)
Line:! 3
nit
DEHUMIDIFIER(RENTAL)-MEDIUM SIZE-MINIMUM 15.00 EA
V,.....
a'6
NUM I bER OF DAYS(3) F 20. 0ol _JjD_
Line] 4
Desftlion: - -------- Qtv__,__. Unit Uriitpkjce Total
DFH MIDIFIER(RENTAL)-LARGESIZE-MINIMUM 15.00 EA
NUMBER OF DAYS(3)
LJ
Line-" 5
l?"crictIOW _.". Jptal .
FAiqS�REf1NTAL)MiNJM'UM NUM6ffP 6F EA
DAYS(3)
Linea 6
DescApqqp: City Unit
AIR 12-00 EA 6b
DAY§(3)
LInW, 7
esdrlpflqrr
WALU(�WffY MAdHINE(RENTAL)MINIMUM 13.00 EA
NUMBER OF DAYS(3)
r 0.
Line: 8
Unit —unitprice
APP4rCATION OF ENVIRONMENTAL PROTECTION 10500-00 SF
AGQJCY(EAP)REGISTERED BIOCIDE
Fj�
FORT,WORTH.
CITY OF FORT WORTH RID OFFER
Event 11) Paige Invited: BIDDERS
'..CFW01'1.9-0000025.__..___
Event Round Version
Event Name
li ITE -%�'er DamacLc Submit To: City of Fort Worth
-N-a-rt Tii Finish Time PURCHASING DIVISION
013/2242(12.9 131:30--00 CDT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMS?urchasingResponsesgfortworthtexas.gov
Line:, 9
Qty Unit UnitPrice Total
COVER BASE REMOVAL 10500.00 LF
[_3 GUM
Lineal 10
Unit UnitPrice Total
REMOVAL AND DISPOSAL OF GLUED DOWN 10500.00 SF
i - —
CONTAMINATED CARPET
Line*' 11
I Desc6tion, ply Unit UnitPrice Total
j�ffM_6VAL&bj$Pd�kC df&7GLUED 10500.00 SF
CONTAMINATED CARPET
3w"`__0D
Line:1 12
Q Unit UnitPrice
REMOVAL&DISPOSAL OF CONTAMINATED 10600.00 SF
CARPET PADDING
I - .
Linea 13
Dpsdiip tiom U"It UnitPrice Total
MINIMUM TRIP CHARGE(WHEN APPLICABLE) 5.00 EA
Lineal 14
Dqpqr�priog, Qty_I unit UnitPrice Total.
MINIMUM EMffkc5iJ�C RESPONUEIAFTER 5,00 EA
HOURS TRIP DOI
Line:, 15
qgkS_qr!p1L1oM-- ----- Q!Y volt ------
SEFOPAND REMOVAL OF EQUIPMF-NT(TOTALFOR 5.00 EA
DOTA,ACTIONS)
Line:! 16
Description:.- Unit UnitPrice Total
FURNITURE MOVING-PER MANfPFR HOUR 10.00 HR
Line., 17
qqqpkp!i-_n: unit ------
BLOCK AND Abb_PUR_N_1t`URE(VVHFN—APPLICABLE) 20.00 EA _T_,_____,
PRICE PER P15CP g.
i
FORTMORTNsty or rou'�r up r" Din orrF=R
I
E Event lD Page Invited: BIDDERS
!- FW0I-'IL9-0000025
_ 5
I I Event R6und Version I
I j Event Name i
YTB_--,Water.Damage Mitigation Services —— i Submit To: City of Fort Worth
I' Start Tiring Finish Time PURCHASING DIVISION
I.087� 019 09:Ofl�00 CDC_._-____OB/22/Zb19 13:30:00_C➢r LOWER LEVEL CITY[-TALL
200 Fort Worth TEXAS TX 76102
I United States
Ernall: FMSPurchusingResponses@fbrtworthtexas.gov
i
Line:: 18
I Descripjion. . _ J Qty Unit Unf#Price Total_.-. ............... ... ....
DRILL WEEP HOLES 5.00 EA f
I
Line:; 19
Description: _... � Qtv Unit _ UnitPrice Total.
EMERGENCY RESTORATION-SEWAGE 10500.o0 SF
EXTRACTION(NORMAL CIRCUMSTANCES-UP TO
TWO(2)INCHES DEEP -�
Line: 20
Descrfptlan:_. Q;Y_--_-•__.--unit UnitPrice ------"..,... -._Total.__-..
EMERGENCY RESTORATION- -SEWAGE 10500.00 SF _
EXTRACTION (NORMAL CIRCUMSTANCES �1 � �
I UP TO TWO(2)OR MORE INCHES DEEP �JJ
i
Line:i 21
Description; Qtv Unit UnitPrice Total. _-
EMERGENCY REBUILD SEWAGE OR WATER 10500.00 SF
Liner 22
OTHER RELATED SERVICES NOT LISTED SHA __ Unit —._- UnrtPrfce otal
Descr[ption: _ T ---
LL 1.00 EA
BEAT5%DISCOUNT FROM VENDORS LIST
PRICES.INCLUDE PRICE LIST IF AVAILABLE t SG,r
u, ' ' { �' t Total Bid Amopnt: Q Q f'cJ I f V � il�-sZ 3—
I �
II �
I �
I '
I
I -
I '
I
I
I
I i
I
i
I �
PART-II
INSTRUCTION TO BIDDERS
1.0 SOLICITATION
1_l Review of Documents:Bidders are expected to examine all documents that make up the
I Solicitation. Bidders shall promptly notify the City of any omission,ambiguity,
inconsistency or error that they may discover upon examination of the Solicitation.
i Bidders must use a complete Solicitation to prepare Bids. The City assumes no
responsibility for any errors or misrepresentations that result from the use of incomplete
Solicitations.
I ;
1.2 Location of Documents:Solicitations are issued by the Purchasing Division. The
location and phone number for the Purchasing Division are specified in the advertisement
and in the solicitation.
2.0 EXPLANATIONS OR CLARIFICATIONS
2.1 Any explanation,clarification,or interpretation desired by a Bidder regarding any part of
I the Solicitation must be requested in writing from the Purchasing Division with sufficient
° time allowed for a written addendum to reach each Bidder before the submission oftheir
Bid. Interpretations,corrections,or changes to the Solicitation made in any other manner
are not binding upon the City,and Bidders shall not rely upon such interpretations,
corrections or changes. Oral explanations or instructions given before the award of the
Contract are not binding.
2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing
Division at(817)392-8440. The fax must clearly identify the Buyer's name and the
Solicitation number. Any material information given to one Bidder concerning a
Solicitation will be furnished by an Addendum to all Bidders who have been issued a
Solicitation.
2.3 Unauthorized Communications: Bidders'contact regarding this Invitation to Bid(ITB)
with employees or officials of the City other than the Purchasing Manager,the Minority
and Women Business Enterprise(M1W)3E)Office,or as otherwise indicated in the ITB is
prohibited and may result in disqualification from this procurement process. No officer,
employee,agent or representative ofthe Respondent shall have any contact or discussion,
iverbal or written,with any members of the City Council,City staff or City's consultants,
or directly or indirectly through others,seek to influence any City Council member,City
staff,or City's consultants regardi ug any matters pertaining to this solicitation,except as
j herein provided. Any violation of this prohibition may result in the Respondent being
disqualified from the procurement process. Any oral communications are considered
unofficial and non-binding-with regard to this ITB.
3.0 PRE-BED CONFERENCE
NONE.
4.0 PREPARATION OF BIDS
I ,
I
Revised 7.11.18cg
i
I i
i
i
Each Bidder must furnish all information required by a Solicitation on the documents provided.
Bids submitted on other than the forms included in the Solicitation shall be considered non-
responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in
I
rejection of the Bid.
i
4.1 Taxes:Purchases of Goods or Services for City use are usually exempt from City,State,
and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder
should request a Tax Exemption Certificate from the Purchasing Division. Under no
circumstances shall the City be liable to pay taxes for which the City has an exemption
I under any Contract.
i
I ,
4.2 Brand Name or Equal:If the Solicitation indicates brand name or"equal"products are
acceptable,the Bidder may offer an"equal"product and must be prepared to demonstrate
those features that render it equal. Final determination of a product as "equal"remains
with the City.
4.3 Delivery Time:Delivery time,if stated as a number of days,will be based on calendar
days. Time is of the essence in any City purchase. if the indicated date cannot be met or
j the date is not indicated,the Bidder shall state its best delivery time.
I 4.4 Free on Board(FOR)Point:Freight Terms shall be FOB Destination,Freight Prepaid
and Allowed. The Bidder should quote its lowest and best price,with the goods
` delivered to the place specified,at the Bidder's expense and risk,and there tender
delivery to the City. Bids offering any other delivery terms are not acceptable and may
I
I be cause for rejection.
4.5 Prices:
4.5.1 Bids shall be firm priced offers unless otherwise specified.
i 4.5.2 Pricing shall be entered on the Bid Sheet in ink.
4.5.3 Totals shall be entered in the "Total Price" column of the Bid Sheet.
4.5.4 In the event of a discrepancy between unit price and extended price,the unit
I price shall govern.
4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal
i 3 fractions thereol).
4.6 Signature:The Bidder must sign each document in the Solicitation requiring a signature.
Any change made to the Bid must be initialed by the Bidder.
4.7 Bid Security:If a bid security is required for this purchase,the requirement will be
reflected in the"Specification"section of the bid package. Cashier's check or an
acceptable surety bond in the amount indicated in the Notice to Bidders must be
submitted at the time the bid is submitted,and is subject to forfeiture in the event the
I successful bidder fails to execute the contract documents within 10 calendar days after
the contract has been awarded.
4.7.1 To be an acceptable surety on the bond:
Revised 7.11.18cg
I �
i
I
I ,
I �
1
I ,
I
I �
I i
4.7.1.1 The name of the surety shall be included on the current Department of
the Treasury's listing of Approved Sureties(Department Circular 570);
or
I '
4.7.1.2 The surety must have capital and surplus equal 10 times the amount of
the bond. The surety must be licensed to do business in the state of
Texas.
i
4.8 Alternate Bids:Bidders may offer an"equal"product as an alternate bid. Final
"approved equal"determination remains with the City.
4.9 Proprietary Information:
4.9.1 All material submitted to the City becomes public property and is subject to the
Texas Open Records Act upon receipt.
I '
4.9.2 1f a Bidder does not desire proprietary information in the bid to be disclosed,
each page must be identified and marked proprietary at time of submittal. The
' City will,to the extent allowed by law,endeavor to protect such information
I from disclosure_ The final decision as to information that must be disclosed lies
with the Texas Attorney General_
4.9.3 Failure to identify proprietary information will result in all unmarked sections
I being deemed non-proprietary and available upon public request.
I 4.10 Bid Preparation Costs:All costs associated with preparing a Bid in response to a
Solicitation shall be borne by the Bidder.
4.11 Payments:All payment terms shall be"Net 30 Days"unless otherwise specified in the
bid document.
4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to
providing goods and/or services using the forms posted on the City's website at
hlW://www.foftwortb34ov.orZ/purchasi-ng/ click on"Automated Clearing House
Setup„
I 5.0 SUBIVIISSION OF BIDS
I
i 5.1 Bid document:Unless otherwise specified,kidders are required to submit a signed
I
j executed original and one scanned copy in flash drive.Bids must be submitted in a sealed
envelope with the bid number written on the outside of the envelope.
I
5.2 Documents required with Bid:The following documents must be submitted with each
Bid prior to the Due Date:
j 5.2.1 The completed and signed first page of this document;
5.2.2 The Bid Offer in Bid Solicitation Sheet(s);and
5.2.3 Any other document included in the Solicitation requiring completion or
execution by the Bidder.
5-3 Addenda:Receipt of an Addendum must be acknowledged by signing and returning the
Addendum with the Bid if requested or under separate cover prior to the Due Date and
Revised 7.11.1$cg
I -
i
f
i
I Time. Addenda containing bid pricing should be returned in a sealed envelope marked
i on the outside with the Bidder's name,address,the Solicitation number,and the Due
i Date and time.
5.4 Late Bids:Bids must be received in the Purchasing Division prior to the Due hate and
j Time. All Bids received after the Due Date and Time are considered late and will be
returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the
I Purchasing Division is the time of record. It is the sole responsibility of the Bidder to
ensure timely delivery of the Bid to the Purchasing Division. The City will not be
responsible for failure of service on the part of the U.S.Postal Office,courier companies,
or any other form of delivery service chosen by the Bidder_Bids delivered to a City
location other than the Purchasing Division will not be considered. The Bid must be
received by the Purchasing Division and stamped before deadline to be considered.
i 6.0 MODIFICATION OR WITHDRAWAL OF BIDS
6.1 Modification of Bids:Bids may be modified in writing at any time prior to the Due Date.
6.2 Withdrawal of Bids:Bids may be withdrawn in writing,or by facsimile(provided that
ithe facsimile is signed by the Bidder)at any time prior to the Due Date. A Bid may also
I be withdrawn in person by a Bidder,provided the withdrawal is made prior to the Due
Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn
after the Due Date without forfeiture of the Bid guarantee,unless there is a material error
in the laid. Withdrawn Bids may be resubmitted,with or without modifications,prior to
I the Due Date. The City may require proof of agency from the person withdrawing a bid_
I
I 7.0 OPENWG OF BIDS
The Purchasing Division representative responsible for opening Bids shall personally and
publicly open all Bids timely received,reading each bid aloud.
I
8.0 EVALUATION FACTORS AND AWARD
i
8.1 Evaluation:Bidders may furnish pricing for all or any portion of the Solicitation(unless
otherwise specified). However,the City may evaluate and award the Contract for any
item or group of items shown on the Solicitation,or any combination deemed most
advantageous to the City. Bids that specify an"all or none"award may be considered if a
single award is advantageous.
I '
j 8.2 Award. The Method of Award is detailed in Section 19 in Part III Scope of
Services/Specifications
I 8.3 Acceptance of Bid:Acceptance of a Bid will be in the form of a Purchase Order or a
Contract. Subsequent purchase releases may be issued as appropriate. The contents of a
Bid shall become a part of the Contract. Under no circumstances will the City be
responsible for Goods or Services provided without an acceptance signed by an
Authorized City Representative
8.4 Reservations:The City expressly reserves the right to:
3.4.1 Specify approximate quantities in the Solicitation;
8.4.2 Extend the Solicitation opening date and time;
Revised 7.11.18cg
I
I ;
I � _
I
I
i
8.4.3 Consider and accept alternate Bids,if specified in the Solicitation,when most
' advantageous to the City;
i
8.4.4 Waive as an informality,minor deviations from specifications provided they do
not affect competition or result in functionally unacceptable goods or services;
3
8.4.5 Waive any minor informality in any Bid or Solicitation procedure(a minor
informality is one that does not affect the competitiveness of the Bidder);
8.4.6 Add additional terms or modify existing terms in the Solicitation;
8.4.7 Reject a bid because of unbalanced unit prices bid;
8A.8 Reject or cancel any or all Bids;
I
I 8.4.9 Reissue a Solicitation;
8.4.10 Procure any item by other means;and/or
I '
I 8.4.11 Award to multiple vendors on a non-exclusive award basis,or primary and
! secondary vendors.
9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS
9.1 Certificates of Insurance: When insurance is required,the successful Bidder must
provide Certificates of Insurance in the amounts and for the coverages required to the
Purchasing Office within 14 calendar days after notification of award,or as otherwise
required by the Solicitation.
9.2 Payment and/or Performance Bonds:When Payment and/or Performance Bonds are
required,the successful Bidder must provide the bonds,in the amounts and on the
conditions required,within 14 calendar days after notification of award, or as otherwise
required by the Solicitation.
9.3 Minority Business Enterprise(MBE}Documents:If an MBE goal has been established
for the bid,the applicable documents must be submitted by all bidders wishing to
continue in the bid evaluation process within two (2)City business days after the bid
opening date,exclusive of the bid opening date,to the City location specified in the bid.
I Bidders shall obtain a receipt from the appropriate department as evidence that the City
I
received the documentation.
9.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be
approved by the City Council before execution,the successful bidder is required to
complete the Certificate of Interested Parties Form 1295 and submit the form to the
Purchasing contact listed in the solicitation before the purchase/contract will be presented
to the City Council_ The form may be completed at
https•//www.ethics.state.tx_us/whatsnew/elf info torm1295.htm.
10.0 PROTEST PROCEDURE
f 10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation
process or the bid award if they believe that there has been any impropriety or unfair
criteria in the process.
Revised 7.11.18cg
I
I
I �
10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days
after the vendor knows,or should have known,of the facts relating to the proposed action
or award_
10.3 The Purchasing Manager,or designee,is authorized to resolve a protest concerning a
purchasing action through telephone discussions,mail,email or in person meetings with
i the protesting vendor.
10.4 After discussions or meetings,the Purchasing Manager or designee will issue a decision
in writing,state the reasons for the action taken and inform the protesting vendor of the
right to review by a panel made up of City staff.
10.5 A City protest review panel will consist of an Assistant City Attorney,a representative of
the operating department,the Purchasing Manager and any other appropriate personnel or
employees of the operating department.
10.6 If the panel is unable to resolve the protest,or if the panel makes a decision with which
the vendor does not agree,the protesting vendor will be invited to attend the City Council
meeting at which the recommended award is to be presented to the City Council and
make known his/her concerns. The protesting vendor will be instructed to arrive prior to
the start ofthe City Council meeting and complete a card requesting to speak concerning
the particular Mayor and Council Communication document(M&C)in question.
1 Q.6.l Vendors wishing to speak before the City Council should review the rules for
registering to appear before City Council Iocated at:
hM://fortwortlatexas. og v/gitysecretary/info/default_4spx?id=2R14 on the City's
i website. -
I
11.0 COOPERATIVE PURCHASING
11.1 Should other governmental entities decide to participate in this contract,bidder,shall
indicate in their proposals whether they agree that all terms, conditions,specification,and
pricing would apply.
I
i 11.2 If the successful bidder agrees to extend the resulting contract to other governmental
entities,the following shall apply:Governmental entities within utilizing Contracts with
the City of Fort Worth shall be eligible,but not obligated,to purchase material/services
under this contract(s)awarded as a result of this solicitation. All purchases by
governmental entities other than the City of Port'Forth shall be billed directly to that
governmental entity and paid by that governmental entity. The City of Fort Worth shall
not be responsible for another governmental entity's debts. Each governmental entity
shall order its own material/services as needed
I '
i.
Revised 7.11.18eg
I
I
I
I �
f PART-III
I i
SCOPE OF SERVICESISPECIFICATIONS
I ,
I
1.0 SCOPE
1.1 The City of Fort Worth(City)seeks bids to finalize an Agreement for Water Damage
Mitigation Services as described herein on an"as needed basis for the Water Department.
fhe successful bidder,known hereafter as"Corrkractor".
1.2 This Agreement shall begin on the date stated in the Contract("Effective Date")and shall
expire on upcoming September 30th,2020("Expiration Date"),unless terminated earlier
in accordance with this Agreement C`Initial Term")_Upon the expiration of the Initial
Term,the Agreement shall renew automatically under the same terms and conditions for
up to four(4)one-year renewal periods(October l to September 30),unless City or
Vendor provides the other party with notice of non-renewal at least 60 days before the
expiration of the Initial Terin or renewal period.However,if funds are not appropriated,
the City may cancel the Agreement 30 calendar days after providing written notification
to the Contractor I Vendor.
13 Following the award,additional services of the same general category that could have
been encompassed in the award ofthis Agreement,and that are not already on the
Agreement,may be added based on the discount bid and price sheet provided with the
bid.
1.4 Unit prices shall include all costs associated with the specified work, including but not
limited to handling,delivery,fuel charges,fees and certifications fees.No additional
charges will be accepted or paid by the City.
1.5 All items supplied resulting from this bid shall be of recent production,unused,and
3 suitable for their intended purpose_
j 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS
The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated
for all purposes incident to this Agreement in Attachment "G", Scope of Services/Specifications,
more specifically describing the services to be provided hereunder.
3.0 CHANGE IN COMPANY NAME OR OWNERSfM
3.1 The Vendor shall notify the City's Purchasing Manager,in writing,of a company name,
ownership, or address change for the purpose of maintaining updated City records.The
!f president of the company or authorized official must sign the Ietter.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 do so may adversely impact future invoice
payments.
Revised 7.11"18eg
I '
I
I
f I
i
I
i
4.0 LAWS REGULATIONS AND ORDINANCES
4.1 The Vendor shall be responsible for meeting all Federal:laws,ordinances and
regulations; State:laws,ordinance and regulations;County:laws,ordinances and
regulations;and City:laws,ordinances,and regulations for safety of people,
environment,and property.This includes,but is not limited to,all Federal,State,County,
and City Agencies,Administrations and Commissions such as the Environmental
I Protection Agency(EPA), occupational Safety and Health Administration(OSHA), and
the Texas Commission on Environmental Quality(TCEQ). In the event any law,
regulation or ordinance becomes effective after the start of this Agreement,the Vendor is
required to comply with new policy.Any mandates requiring the City to comply with
new guidelines will also require the Vendor to comply.
5.0 INVOICING REQUIREMENTS
5.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Vendor to get the name of the responsible person,telephone numbers
and address of the department's division at the time the service is requested.
5.2 A properly prepared invoice shall be typewritten or computer printed and shall include
the Vendor's name,number and federal tax identification number, invoice number,
address,date,service or item description,unit price,extended cost,and City issued
purchase order number. Incomplete or inaccurate invoices may result in delayed
I payments,as they shall be returned to the Vendor for correction and re-submittal.
6.0 UNIT PRICE ADJUSTMENT
I 6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the
renewal period but before the effective date of the renewal upon written request from the
Vendor.
I ;
, 6.2 The Vendor trust submit its price adjustment request,in writing,at least 60 days before
the renewal effective period. The Vendor shall provide written proof of cost increases
with price adjustment request.
6.3 If the City concludes that the rate increase being requested is exorbitant,the City reserves
the right to adjust the rate request,or reject the rate request in its entirety and allow the
contract to expire at the end of the contract term. If the City elects not to exercise the
I renewal option,the Purchasing Division will issue a new solicitation.
f ,
6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
6.5 Prices offered shall be used for bid analysis and for Agreement pricing,In cases of errors
in extensions or totals,the unit prices offered will govern.
6.6 Upon expiration of the Agreement term the successful bidder,agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the
Revised 7.11.18eg
I �
I
I
k �
I '
i
city to re-bid an agreement,not to exceed ninety(90)days.Vendor will be reimbursed
for this service at the prior agreement rate(s).Vendor shall remain obligated to the City
' under all clauses of this Agreement that expressly or by their nature extends beyond and
survives the expiration or termination of this Agreement.
6.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior
written notice to the City.
7.0 QUANTITIES
7.1 The quantities listed on the bid solicitation are only estimates based on previous usage
and do not indicate intent to purchase or a guarantee of future business. The City of Fort
Worth is obligated to pay for only those materials and services actually ordered by an
authorized City employee and then received as required and accepted by the City.
$A INSURANCE REQUIREMENTS
8,1 The Vendor shall assi une all risk and liability for accidents and damages that may occur
to persons or property during the prosecution of work under this Agreement. The Vendor
shall file with the City of Fort Worth Purchasing Division,prior to the commencement of
services,a certificate of insurance documenting the following required insurance.
8.1.1 Failure to provide such infoimation within five(5)calendar days may be grounds
for Agreement termination.
8.2 Policies shall have no exclusions by endorsements which nullify the required lines of
coverage,nor decrease the limits of said coverage unless such endorsements are approved
by the City.In the event a contract has been bid or executed and the exclusions are
determined to be unacceptable or the City desires additional insurance coverage,and the
City desires the Vendor to obtain such coverage,the contract price shall he adjusted by
the cost of the premium for such additional coverage plus 10%.
8.2.1 Statutory Workers'Compensation Insurance and Employer's Liability Insurance
j at the following limits:
I ;
I $100,000 Each Accident
$500,000 Disease—Policy limit
$100,000 Disease—Eacb Employee
This coverage may be written as follows.
Workers'Compensation and Employers'Liability coverage with limits
consistent with statutory benefits outlined in the Texas Workers'Compensation
Act(Art. 8308— 1.01 et seq. Tex.Rev.Civ.Stat.)and minimum policy limits for
Employers'Liability of$100,000 each accident/occurrence,$500,000 bodily
injury disease policy limit and$100,000 per disease per employee.
I ;
8.2.2 Commercial General Liability Insurance including Explosion,Collapse, and
i Underground Coverage shall.be provided as follows:
$],000,000 Each Occurrence
Revised 7.11.18cg
I `
I
I
I '
$2,000,000 Annual Aggregate
! Coverage shall include but not be limited to the following:premises/operations,
independent vendors,products/completed operations,personal injury,and
contractual liability. Insurance shall be provided on an occurrence basis,and as
comprehensive as the current Insurance Services Office(ISO)policy.
8.2.3 Auto Liability Insurance shall be provided as follows:
$1,000,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on"Any Auto",defined as
autos owned,hired and non-owned.
I
8.2.4 The Vendor shall furnish the Purchasing Manager,with a certificate of insurance
documenting the required insurance prior to the commencement of services.
8.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty-(30)day
notice of cancellation,material change in coverage, or non-renewal of coverage.
8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an
additional insured,as its interests may appear(ATIMA).
9.0 .AbDITIONAL INSURANCE RE UIREMENTS
9.1 The City,its officers,employees and servants shall be endorsed as an additional insured
on Vendor's insurance policies excepting employer's liability insurance coverage under
Vendor's workers' compensation insurance policy.
9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit
must be received before Vendor can begin work.Failure to supply and maintain such
insurance shall be a breach of contract.Vendor shall provide complete copies of all
insurance policies required by this Agreement. Certificates of insurance must be supplied
to:
Financial Management Services Department
Attention:Purchasing Division Sid 419-0000025
200 Texas Street,Fort Worth,Texas 76102
9.3 Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.Each insurance
policy shall be endorsed to provide the City a minimum 30 day notice of cancellation,
non-renewal,and/or material change in policy terms or coverage. A ten(10)day notice
shall be acceptable in the event of non-payment of premium.
9.4 Insurers must be authorized to do business in.the State of Texas and have a current A.M.
Best rating of A:VII or equivalent measure of uncial strength and solvency.
I
9.5 Deductible limits,or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
Revised 7.11.18cg
I
I
i
i
9.6 Other than worker's compensation in.suranee,in lieu oftradWonal insurance,Cityway
consider alternative coverage or risk treatment measures through insurance pools or risk
j retention groups.The City must approve in writing any alternative coverage.
9.7 Workers' compensation insurance policy(s)covering employees of the Vendor shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
9.8 City shall not be responsible for the direct payment of insurance premium costs for
Vendor's insurance.
9.9 Vendor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery,
i
• 9.10 While the purchase order is in:effect,Vendor shall report, in a timely manner,to the
Purchasing Department any known loss occurrence that could give rise to a liability claim
or lawsuit or which could result in a property loss.
9.11 Vendor's liability shall not be limited to the specified mounts of insurance required
I herein.
10.0 PERFORMANCE
10.1 Failure of the City to insist in any one or more instances upon performance of any of the
terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions,but the Vendor's
obligation with respect to such performance shall continue in full force and effect.
11.0 CDMPLAINTS
11.1 Complaints processed through the City Purchasing Division are to be corrected within
fourteen(14)days of formal notice of complaint.Written response to the Purchasing
Division is required.Failure to properly resolve complaints within the fourteen(14)
calendar day time period may result in the cancellation of the applicable line item(s)in
the price agreement.
12.0 SUBCONTRACTING
I
� 12.1 Subcontracting of the work under this Agreement will be allowed with written permission
from the City.
13.0 DELIVEA
13.1 Delivery shall be F.O.B.Destination and all other delivery charges shall be included in
the unit price. The person placing the order will provide delivery and billing information.
No additional--barges for expenses,freight,mileage,time,or similar items will be
accepted or paid by the City.
I
132 There may be instances when the Vendor may be asked to accelerate delivery of an
order(s)due to extenuating circumstances. When this occurs,the Vendor will be
expected to provide this service at no additional cost.
13.3 in the event the Vendor is unable to meet the original delivery date(s),the City must be
contacted immediately,but prior to the due date,and seek an extension of delivery time.
Revised 7.11.18cg
i
EFailure to comply with the delivery terms may be legal grounds for canceling an order(s),
E or the entire Agreement in accordance with the Termination Clause shown elsewhere in
the solicitation.
13.4 Delivery tickets must include the City's Blanket Order Number and the ordering
department's Release Number.
13.5 Delivered items that are determined to be defective or not meeting bid specifications shall
be picked up and replaced by the Vendor,or the Vendor's designee,at no cost to the City.
If the item(s)are not picked up within one(1)week after notification,the item shall
become a donation to the City for disposition..
14.0 WAI1tRANTY
14.1 The Vendor shall provide a warranty to include at a minimum,but not limited to the
following:
14.1.1 In addition to any other warranties in this contract,the Vendor warrants that all
work and products supplied under this agreement conforms to the agreement
requirements and is free from any defect in workmms hip,equipment,material,
or design furnished by the Vendor or any supplier at any tier.
14.1.2 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.
14.1.3 This warranty shall continue for a period of90 days from date of acceptance of
products and work by the City.
14.1.4 The Vendor shall remedy at the Vendor's expense any non-conforming or
defective products or work.In addition,the Vendor shall remedy at Vendor's
expense any damage to real or personal property owned by the City of Fort
Worth,when that damage is the result of a defect of products furnished.
14.1.5 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.
14.1.6 The City of Fort Worth shall notify the Vendor,within a reasonable time after the
discovery of any failure,defect,or damage_
14.1.7 If-theVendor fails to remedy any failure,defect,or damage within areasonable
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.
14.1.8 This warranty shall not include failures attributable to accident,fire,or
negligence on the part of City personnel.
14.2 With respect to all warranties,expressed or implied,from manufacturers,or suppliers for
work performed and materials furnished under this contract,the Vendor shall:
Revised 7.11.18eg
I
i
14.2.1 Obtain all warranties that would be obtained in normal commercial practice;
14.2.2 Enforce all warranties for the benefit of the City of Fort Worth.
15.0 SAFETY
15.1 The Vendor shall be responsible for meeting all Federal:laws,ordinances and
regulations;State:laws,ordinance and regulations;County:laws,ordinances and
regulations;and City:laws,ordinances,and regulations for 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).
16.0 HAZARDOUS CONDITIONS
16.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to City property.
17.0 CONTRACT ADMINISTRATION
17.1 Contract administration will be performed by the City Department_In the event the
Vendor fails to perform according to the terms of the agreement,The Department head or
his/her designee will notify the Vendor,in writing,of its failures.A meeting may be
arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared
giving the Vendor 14 calendar days to cure any deficiency.
17.2 In the event the Vendor continues with unsatisfactory performance,the department will
promptly notify the Purchasing Manager who will take appropriate action to cure the
performance problem(s),which could include cancellation,termination for convenience
or default.If the agreement is terminated for default,the Vendor may be held liable for
excess cost and/or liquidated damages.
17.3 The Vendor will be paid only those sums due and owing under the agreement for services
satisfactorily rendered,subject to offset for damages and other amounts which are, or
which may become,due and owing to the City.
17.4 The City reserves the right to terminate this agreement,or any part hereof,for its sole
convenience. In the event of such termination,the Vendor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and sub Vendors
to cease work.Subject to the terms of this agreement,the Vendor shall be paid a
percentage of the agreement price reflecting the percentage of the work performed prior
to the notice of termination,plus reasonable charges the Vendor can demonstrate to the
satisfaction of the City using its standard record keeping system,have resulted from the
termination.However,in no event shall the total of all amounts paid to the Vendor
exceed the agreement price.The Vendor shall not be reimbursed for any profits which
may have been anticipated,but which have not been earned up to the date of termination
18,0 BIDDERS UALIFICAT'IONS
18.1 The following information must be submitted as part of the bid package and shall be
supplied in the following order:
Revised 7.11.1$eg
I ,
18.1.1 Bidder's background,services provided and number of years in business.
18.1.2 Bidders shall provide evidence that they are duly qualified and capable to fulfill
and abide by the requirements listed herein with the bid.The bidder shall
demonstrate its ability to secure and perform the services within the delivery
requirements specified herein.
19.1.3 la order to receive bid award consideration,the bidder shall maintain sufficient
resources to fulfill normal City of Fort Worth requirements.
1$.1.4 Bidders shall provide a reference list of a minimum of four(4)current customers
(comparable in size)who the bidder has recently supplied subject item(s)on a
continuing basis over a recent twelve(12)month period.
19.0 METHOD OF AWARD
19.1 Bids will be evaluated based on the lowest responsive and responsible bidder complying
with all of the provisions of the solicitation,provided the bid price is reasonable,and it is
in the best interest of the City to accept it.
19.1.1 A.responsive bidder is defined to be one who submits a completed bid packet
within the stated time deadline and in accordance with the bid specification_
19.1.2 A responsible bidder is defined to be one who demonstrates via responses to the
selection criteria his/her ability to successfully deliver the supplies,equipment,or
services being procured.
19.1 Any Bid that does not include a bid for ALL of the items,locations and services
on the Bid Solicitation form may be rejected.The bid award will based on a best
value model.The evaluation factors listed above will be applied in a comparative
manner to all eligible,responsive bids. Award may be made without discussion
with Bidders after bids are received.Bids should,therefore,be submitted on the
most favorable teens.
19.2 Tentative Schedule of Events:
ITB Release Date August 7,2019
Deadline for Questions August 13,2019 at 5:00 PM(Local fame)
Answers Posted August 16,2019
ITB Due Date August 22,2019 by 1:30 PM(Local Time)
Recommended Vendor Selection August 23-30th,2019
I
20.0 $IDES',
20.1 Bidders shall submit the following items with their bid:
20.1.1 A completed and signed original Invitation to Bid(ITB)Bid Offer Sheet;
20.1.2 A completed and signed original Did Solicitation/Pricing Sheet;
20.1.3 A completed and signed original Conflict of Interest Questionnaire,Attachment
A;
20.I.4 A completed Bidder's Contact Information Fonn,Attachment B;
Revised 7.11.1 Scg
i
I ,
20.1.5 A completed Consideration of Location of Bidder's Principal Place of Business,
Attachment C,if applicable;
20.1.6 A completed Reference Sheet,Attachment D;
20.1.7 A completed Vendor Qualification Questionnaire,Attachment H;
20.1.8 All items listed in Section 18.0,Bidder Qualifications;
20.1.9 Scanned copy of all documents listed in paragraph 20.0 in flash drive.
20.2 Failure to submit the items listed in paragraph 20.0 may be grounds for rejection of a bid
as non-responsive to the specifications.
21.0 QUESTIONS
21.1 Questions, explanations or clarifications desired by a Vendor regarding any part of the
bid must be requested in writing from the Purchasing Division by 5:00 PM—on August 13
2019.Interpretations,corrections or changes to the bid made in any other manner are not
binding upon the City,and Vendors shall not rely on such interpretations,corrections or
changes.Oral explanations or instructions given before the award of the Agreement are
not binding.
21.2 IN ORDER FOR THE QUESTION TO BE ANSWERED ALL UEST ONS
MUST BE HAND DELIVERED OR SENT BY E-MAJIL TO TIRE ADDRESS
BELOW OR FAXED TO THE TELEPHONE NUMBER BELOW AND MUST BE
IDENTIFIED AS LISTED BELOW:
21.2.1 Hand Delivery must be submitted to the Purchasing Department.
21.2.2 Email questions to:FMSPurchasin Res ones afortworthtexas. ov
Please include the bid number,name of the bid and(Buyer's Name)in the
subject line.
Please note,if an e-mail confirming receipt of your e-mail is not received within
1 business day,please contact City of Fort Worth Purchasing at 817-392-2462.
21.2.3 Facsimile:(817)392-9 440,Attention:Sarah Czechowiez and Biel NO 19-
0000025,
Revised 7.11.1$cg
i
PART-IV
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
1.0 n�TTi[lN OTR RilYi+lR
The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and
subvendors who act on behalf of various City departments,bodies or agencies.
2.0 R FiNiTiON OF BELLE-1
E
The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services,
its officers,agents,servants,employees,vendors and subvendors who act on behalf of the entity
under a contract with the City of Fort Worth.
3.0 PUlil[JE]NFORMATILON
Any information submitted to the City of Fort Worth (the "City") may be requested by a
member of the public under the Texas Public Information .Act.See TEX. GOV T CODE ANN.
§§ 552.002, 552.128(d) (West Supp. 2006). If the City receives a request for a Seller's
proprietary information, the Seller listed in the request will be notified and given an
opportunity to make arguments to the Texas Attorney General's Office (the"AO') regarding
reasons the Seller believes that its information may not lawfully be released. If Seller does not
make argurnents or the AG rejects the arguments Seller makes, SeIer's information will be
released without penalty to the City.
4.0 L&OMs.l+ jC„T ALGAYN T PLAWNAL INTEREST IN_C_ONIRACTS
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any
contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of
any land, materials, supplies or services, except on behalf of Buyer as an officer or employee.
Any willful violation of this section shall constitute malfeasance in office, and any officer or
employee found guilty thereof shall thereby forfeit his office or position. Any violation of
this section with the knowledge, expressed or implied, of the person or corporation contracting
with the City Council shall resider the contract invalid by the City Manager or the City
Council. (Chapter XxV1I,Section 16,City of Fort Worth Charter)
5.0 MUMS
5.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors
who act on behalf of various City departments, bodies or agencies are authorized
to place orders for goods and/or services without providing; approved contract
numbers, purchase order numbers, or release numbers issued by the Buyer. The only
exceptions are Purchasing Card orders and emergencies pursuant to Texas Local
Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies., the
Buyer's Purchasing Division will place such orders.
5.2 Acceptance of an order and delivery on the pare of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer
may result in rejection of delivery, return of goods at the Seller's cost and/or non-
payment.
6.0 SELLER 1QXACK&UEXW0&
Seiler will package goods in accordance with good commercial practice. Each shipping
container,shall be clearly and permanently marked as follows: (a)Seller's name and address:(b)
Revised 7.11.I8cg
i
Consignee's name, address and purchase order or purchase change order number; (C.) Container
number and total number of containers,e.g.,box 1 of 4 boxes; and(d)Number of the container
bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided.
Goods shall be suitably packed to secure lowest transportation costs and to conform to
requirements of common carriers and any applicable specifications. Buyer's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
7.0 IT-MENT UNDER RESERVATION PROHIBITEII
Seller is not authorized to ship the goods under reservation,and no tender of a bill of lading will
operate as a tender of goods.
8.0 TI E
I
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives
and takes possession of the goods at the point or points of delivery after inspection and
acceptance of the goods.
9.0 ELLIVERY TERM&AM_THANSLQR ATIO_ CHARGES
Freight terms shall be F.O_B. Destination, Freight Prepaid and Allowed, unless delivery terms
are specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for
transportation costs in the amount specified in Seller's proposals or actual costs, whichever is
Iower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall
have the right to designate what method of transportation shall be used to ship the goods.
lo,o EL ACE OF DELWERY
The place of delivery shall be set forth in the "Ship to" block of the purchase order,
purchase change order,or release order.
11.0 MaHT OF INSELCTIO
Buyer shall have the right to inspect the goods upon delivery before accepting them.Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
12.0 INVOICES
12.1 Seller shall submit separate invoices in duplicate, on each purchase order or
purchase change order after each delivery.Invoices shall indicate the purchase order or
purchase change order number. Invoices shall be itemized and transportation charges,
if any, shall be listed separately. A copy of the bill of lading and the freight waybill,
when applicable, should be attached to the invoice. Seller shall mail or dchvcr invoices
to Buyer's Department and address as set forth in the block of the purchase order,
purchase change order or release order entitled "Ship to." Payment shall not be
made until the above instruments have been submitted after delivery and acceptance
of the goods and/or services.
12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The
Buyer shall furnish a tax exemption certificate upon Seller's request.
13.0 PRICE WARRANTS
1 M The price to be paid by Buyer shall be that contained in Seller's proposals which
Seller warrants to be no higher than Seller's current prices on orders by others for
products and services of the kind and specification covered by this agreement for
similar quantities under like conditions and methods of purchase. In the event Seller
breaches this warranty, the prices of the items shall be reduced to the prices
Revised 7.11.18cg
{
contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall
have the right to cancel this contract without any liability to Seller for breach or for
Seller's actual expense. Such remedies are in addition to and not in lieu of any other
remedies which Buyer may have in law or equity.
13.2 Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or
selling agency that is maintained by Seller for the purpose of securing business. For
breach or violation of this warranty,Buyer shall have the right,in addition to any other
right or rights arising pursuant to said purchase(s), to cancel this contract without
liability and to deduct from the contract price such commission percentage, brokerage
i or contingent fee,or otherwise to recover the full amount thereof.
14.0 pR pUCTWARBANTY
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished
will conform to Buyer's specifications, drawings and descriptions listed in the proposal
invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between
Buyer's specifications, drawings,and descriptions,Buyer's specifications shall govern.
15_0 SAFETYWARRAN
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time,any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made,Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise in accordance with
Section 29A of these terms and conditions. Failure to make such refund shall constitute breach
and cause this contract to terminate immediately.
16.0 NO ARE LICENSE TO SEL
If this purchase is for the license of software products and/or services, and unless
otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive,
nontransferable,royalty free license to use the software. This software is"proprietary"to Seller,
and is licensed and provided to the Buyer for its sole use for purposes under this Agreement
and any attached work orders or invoices. The City may not use or share this software without
permission of the Seller;however Buyer may make copies of the software expressly for backup
purposes.
17.0 WLki UKEY
TY AUAIMI INYRINGENTENT!1E INTEUICTUAL PR
17.1 The SELLER warrants that all Deliiverables, or any part thereof, furnished
hereunder, including but not limited to: programs, documentation, software,
analyses, applications, methods, ways, and processes (in this Section each
individually referred to as a f°Deliverable" and collectively as the "Deliverables,")
do not infringe upon or violate any patent, copyrights,trademarks, service marls,
trade secrets, or any intellectual property rights or other third party
proprietary nights,in the performance of services under this Agreement.
17.2 SELLER shall be Iiable and responsible for any and all claims made against•the
Revised 7.11.1 Bog
i
City for infringement of any patent, copyright, trademark, service marl, tirade
i secret, or other intellectual property rights by the use of or supplying of any
Deliverable(s) in the course of performance or completion of, or in any way
connected with providing the services, or the City's continued use of the
Deliverable(s)hereunder.
17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and
expense, including the payment of attorney's fees, any claim or action against
the City for infringement of any patent, copyright, trade mark, service mark,
trade secret, or other intellectual property right arising from City's use of the
Deliverable(s), or any part thereof, in accordance with this Agreement, it being
understood that this agreement to indemnify,defend, settle or pay shall not apply
if the City modifies or misuses the Deliverable(s). So long as SELLER bears the
cost and expense of payment for claims or actions against the City pursuant to
this section 8, SELLER shall 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 shall have the right to fully
participate in any and all such settlement, negotiations, or lawsuit as necessary to
protect the City's interest, and City agrees to cooperate with SELLER 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 the City for
infringement arising under this Agreement, the City shall 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,
SELLER shall fully participate and cooperate with the City in defense of such
claim or action. City agrees to give SELLER timely written notice of any such
claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, the City's assumption of payment of costs or
expenses shall not eliminate SELLER's duty to indemnify the City under this
Agreement. If the Deliverable(s), 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, SELLER shall, at its own
expense and as City's sole remedy, either. (a) procure for City the right to
continue to use the Deliverable(s); or(b)modify the Deliverable(s)to make themlit
non-infringing, provided that such modification does not materially
adversely affect City's authorized use of the ,Deliverable(s); or (c) replace
the Deliverable(s) with equally suitable, compatible, and functionally equivalent
non-infringing Deliverable(s) at no additional charge to City; or(d) if novae of the
foregoing alternatives is reasonably available to SELLER, terminate this
Agreement, and refund all amounts paid to SELLER by the City, subsequent to
which termination City may seek any and all remedies available to City under law.
18.0 0WigRRfiNl1'O> WORKPROD11rT,
I
Seller agrees that any and all analyses,evaluations, reports, memoranda, letters, ideas, processes,
methods,programs,and manuals that were developed,prepared,conceived,made or suggested by
the Seller for the City pursuant to a Work Order, including all such developments as are
originated or conceived during the term of the Contract and that are completed or reduced to
writing thereafter(the"Work.Product") and Seller acknowledges that such Work Product may be
considered"work(s) made for hire"and will be and remain the exclusive property of the City.To
the extent that the Work Product,under applicable law, may not be considered work(s) made for
Revised 7.11.18cg
hire, seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns
exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller
may have in any Work Product or any tangible media embodying such Work Product,without the
necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own
name,all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of
its vendors hereby waives any property interest in such Work Product.
19.0 NETW RKACCESS
The City owns and operates a computing environment and network(collectively the "Network").
If Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller is required to utilize the Internet,Intranet,email,City database, or other
network application, Seller shall separately execute the City's Network Access Agreement prior
to providing such services. A copy of the City's standard Network Access Agreement can be
provided upon request.
20.0 CANCC LLATI�l�i
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties
of Seller. Such right of carncellation is in addition to and not in lieu of any other remedies,which
Buyer may have in law or equity.
21.0 TERII+IINA]UM
The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer,with or without cause,at any time upon the delivery to Seller of a written "Notice
of Termination"specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
22.0 ASSIUNMENT
No interest, obligation or right of Seller, including the right to receive payment, under this
contract shall be assigned or delegated to another entity without the express written consent of
Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally
ineffective for all purposes unless made in conformity with this paragraph.Prior to Buyer giving
its consent, Seiler agrees that Seller shall provide, at no additional cost to Buyer, all documents,
as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and
transfer of rights, interests,or obligations to another entity.The documents that may be requested
include, but are not Iimited to, Articles of Incorporation and related amendments, Certificate of
Merger, IRS Form W-9 to verify tax identification number, etc. Bayer reserves the right to
withhold all payments to any entity other than Seller, if Seller is not in compliance with this
provision. if Seller fails to provide necessary information in accordance with this section, Buyer
shall not be liable for any penalties, fees or interest resulting therefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by
a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
24.0 MOBIEL(:&jIQM
Revised 7.11.18eg
i
This contract can be modified or rescinded only by a written agreement signed by bothparties.
25.0
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with any
applicable proposal documents published by the Buyer and Seller's Response to such proposal
('the "contract documents"). This Agreement is intended by the parties as a final expression of
their agreement and is intended also as a complete and exclusive statement of the terms of their
agreement.No course of prior dealings between the parties and no usage of trade shall be relevant
to supplement or explain any teen used in this Agreement. Acceptance of or acquiescence in a
course of performance under this Agreement shall not be relevant to determine the meaning of
this Agreement even though the accepting or acquiescing party has knowledge of the
performance and opportunity for objection. Whenever a term defined by the Uniform
Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall
control. In the event of a conflict between the contract documents,the order of precedence shall
be these Standard Terms and Conditions, the Buyer's published proposal documents and the
Seller's response. If Buyer and Seller have otherwise negotiated a contract,this Agreement shall
not apply.
26.0 AP LA
This agreement shall be governed by the Uniform Commercial Code wherever the term"Uniform
Commercial Code" or"UCC"is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract
shall be governed,construed and enforced under the laws of the State of Texas.
27,0 'N3:CONTRACTOR
Seller shall operate hereunder as an independent Contractor(s) and not as an officer, agent,
servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to
control, the details of its operations hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers,agents,employees,vendors and sub-
vendors_ The doctrine of respondeat superior shall Trot apply as between Buyer and Seller, its
officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as
creating a partnership or joint enterprise between Buyer and Seller, its officers, agents,
employees,vendors and subvendors.
28.0 LlattlL11Y AND INL)EMNIFICATION.
28.1 LaAB LITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND .ALL PERSONS, OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
i EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS
OFFICERS, AGENTS,SERVANTS OR EMPLOYEES.
28.2 IN)2EAffIELCATH N - SELLER. HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD IIARMLESS AND DEFEND THE CITY (ALSO
REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
Revised 7.11.18cg
I '
I ,
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE
OR LOSS TO SELLER'S BUSINESS,AND ANY RESULTING LOST PROFITS)
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY
INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF
SELLER, ITS OFFICERS, AGENTS, SUBCONTRACTOR(S)S, SERVANTS OR
EMPLOYEES.
29.0 5EVERABI
In case any one or more of the provisions contained in this agreement shall for any reason,
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
uneniforceability shall not affect any other provision of this agreement, which agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
30.0 FISCAL FUNDINGUDIITATIUDI
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract, then Buyer will immediately notify Seller of such
occurrence and this contract shall be terminated on the last day of the fiscal period for which
funds have been appropriated without penalty or expense to Buyer of any kind whatsoever,
except to the portions of annual payments herein agreed upon for which funds shall have been
appropriated and budgeted or are otherwise available.
31.0 TO PARTIES.
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined
to have been delivered three(3)business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attached, addressed to
Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort North,
Texas 76102.Notices to Seller shall be conclusively determined to have been deliverer]three(3)
business days following the day such notice is deposited in the United States mail, in a
sealed envelope with sufficient postage attached, addressed to the address given by Seller in its
response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery,
notice is considered received upon delivery.
32.0 �ML*T-DISCHTMINATION
This contract is made and entered into with reference specifically to Chapter 17, Article
III, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth
(1986), as amended, and Seller hereby covenants and agrees that Seller, its employees,
officers, agents,vendors or subvendors, have fully complied with all provisions of same and
that no employee, participant, applicant, Contractor(s)or subContractor(s)has been
discriminated against according to the terms of such Ordinance by Seiler, its employees,
j officers,agents, Contractor(s)or subvendors herein.
33.0 IMMIGRATION NA1112NALITYT
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility,employment verification,and nondiscrimination_Vendor shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Vendor shall complete the Employment Eligibility Verification Form (I-9),maintain
photocopies of all supporting employment eligibility and identity documentation for all
Revised 7.11.J 8cg
employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Vendor shall provide City with a
certification letter that it has complied with the verification requirements required by this
Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
34.0 HE LTII.SAFETY AND ENVIRONMENTAL REWJIREMENTS
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws,requiremen% and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or Liabilities due to violations of this provision. Buyer
shall have the right to immediately terminate this Agreement for violations of this provision by
Seller.
35.0 RIG]UT TO AUlyIT
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration
of three (3) years after final payment under this contract, and at no additional cost to Buyer,
have access to and the right to examine and copy any directly pertinent books, computer disks,
digital files, documents,papers and records of the Seller involving transactions relating to this
contract, including any and all records maintained pursuant to Section 31 of this Agreement.
Seller agrees that the Buyer shall have access, during normal working hours, to all necessary
Seller facilities, and shall be provided adequate and appropriate workspace, in order to conduct
audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable
costs of any copying in accordance with the standards set forth in the Texas Administrative
Code. The Buyer shall give Seller reasonable advance written notice of intended audits, but
no less than ten (10)business days.
36.0 DISABILITY
1n accordance with the provisions ofthe Americans With Disabilities Act of 1990(ADA), Seller
warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis of
disability in the provision of services to general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with,or employees of Seller or any of
its subvendors. Seller warrants it will fully comply with ADA's provisions and any other
applicable federal, state and local laws concerning disability and will defend, indemnify and
hold Buyer harmless against any claims or allegations asserted by third parties or subvendors
against Buyer arising out of Seller's and/or its subvendor's alleged failure to comply with the
above-referenced laws concerning disability discrimination in the performance of this
agreement.
37.0 I_DISIPUTE RLSOLUTION
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations,services rendered or any warranty that arises under this Agreement,the parties shall
first attempt to resolve the matter through this dispute resolution process. The disputing party
shall notify the other party in writing as soon as practicable alter discovering the claim,dispute,
or breach. The notice shall state the nature of the dispute and list the party's specific reasons for
such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a
good faith effort, either through email, mail, phone conference, in person meetings, or other
Revised 7.11.18cg
I
I
i
reasonable means to resolve any claim,dispute,breach or other matter in question that may arise
out of,or in connection with this Agreement.If the parties fail to resolve the dispute within sixty
(60) days of the date of receipt of the notice of the dispute, then the parties may submit the
matter to non-binding mediation upon written consent of authorized representatives of both
parties in accordance with the Industry Arbitration hales of the American Arbitration
Association or other applicable rules governing mediation then in effect. If the parties cannot
resolve the dispute through mediation,then either party shall have the right to exercise any and
all remedies available under law regarding the dispute.
38.0 DROHMITION ON CONTRACTING WITH COIVMANIES THAT BOYCOTT ISIRAEL
Seller acknowledges that in accordance with.Chapter 2270 of the Texas Government Code,the City
is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not
boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By
signing this contract,Seller certifies that Seller's signature provides written verification to the
City that Seller. (1)does not boycott Israel; and(2)will not boycott Israel during the term of
the contract.
Revised August 31,2017.
Revised 7.11.18cg
I
i
PART—V
ATTACHMENTS
ATTACHMENT-A
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code,any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property,goods,or services with a local governmental entity
(i.e.The City of Fort Worth)must disclose in the Questionnaire Form CIQ("Questionnaire")the parson's
affiliation or business relationship that might cause a conflict of interest with the local governmental
entity.By law,the Questionnaire must be filed with the Fort Worth.City Secretary no later than seven
days after the date the person begins contract discussions or negotiations with the City,or submits an
application or response to a request for proposals or bids,correspondence,or another writing related to a
potential Agreement with the City.Updated Questionnaires must be filed in conformance with Chapter
176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents.The form is also
available at httn://www.ethics.state.tx.us/forms/CIQ_pdf.
If you have any questions about compliance,please consult your own legal counsel.Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement.An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City, state Vendor name in the # 1, use NIA in each of the areas on the form.
However,a signature is required in the#4 box in all cases.
Revised 7.11.1 Beg
CIO
CONFLICT OF ;INTEREST QUESTIONNAIRE FOR
For vundrsr doing business 1Mth local governmental entity
This quasaionttalm reflects cttangss made Jo the law by MEL 23,84th Lag.,Be far session. OP EDGE )NLY
This questionnaire is teeing filed in awordanca with Chapter 176,Locai GovernmentGode, eta i�a�caa
by a vets€who has a buslross refaiionstdp is mined by Sectfon 1 M.001(I*with in[goal
governmental entity and Thevenclor meets requfremnts under Section 176.006(a),
By law this must beft-dvvith'the Temirds adn-finistratorrof the local govarrimer l
entity nut lator than the 7th business day after the date the vendor becomes aware of fiacts
that FagiAre tine statement to be fllad. Sae Section 176.4106(a.-'l),Local Government Code_
Aw vendor tx7s7imits an offense if the vendor knovvingly violates Section 178.006,Local
GovemmentGode.Ain offense fart ier iris s€cdont is a rrlisderneanor.
Name
O /A
a chec:i4 this box ifyovere-Hi"kin update to a.Previously filed questionnaire.
(The law rei*ror. tint you file an updated completed quesriorinWrs with the appropriate tiling authority not
Wer than the 7th business day aftar ttra date can Mich you beta aware that glee rrrVmaf�MW goestion:wire was
Incomplete or irm=urate.)
3
Name crl fecal goyrt'rftrn ertl officer abottt►lrttolin the iryforrrmiticsn in tltts saw-rvrt is Being disciosetd.
Name of Officer
This scion(itigrn 3 k-mKadng sWTasts A. B,G, & 9) must be oompletw for each officer with wharn the vendor has an
employment or ether business relationsiyip as defined by Swgon 17fi.0010-a}_Local Government GQde. Affach ad&twnal
pages to this Form GIQ as necessary.
A. Is the local government officer r'amed in this section iving or i&eiy to receive taxable irzoDme,other than inneatment
income,from the vendor9
Fl Yes F7 wo
13- Is thm v-eridor receiving or llisely ter receive taxable income,otheg ltmn investment imorne,from or atthe direct'tttn ofthakcai
governrneni officer narrted in this section AND the taxable irscorne is not recelued from the focal governmental entrty?
Yes F--j No
G. le the filer of this clu,Wsuonnaive ernployL.l by a corporaflon or other mess entity w1th respect to%vbich the local
+ernrment off aer seNss as an officer or dreavr,or golds an ownership 3ntereet of one percent or more?
ED Yes LJ A10
13-Uascribe each employment or business and farrii1y witb the local gaverriment officer named in this sectlon-
dDt rtg brrsir3esa vAth 3°ae gu-�-rnmenkvE enffty Cate
AMpted BM'20t3
Revised 7.11.18cg
i
i
ATTACHMENT-B
BIDDER'S CONTACT INFORMATION
Bidder's Name- F` ,5* A QSf 1 � Del .L C.--
Bidder's Local Address: Inon EnhrAriso— ' �y
Phone- 7 55 91 Fax: — q/g--lgon—
Email_: •
Name of person assigned specifically for this Agreement;
Name/Title P
Phone: lq ,55 9` (o h n Fax:
fEmail:��
Name of persons for renewal information and/or billing questions:
Name/Title V. P �g
Phone; / J J r Fax. � f
Email: i• 6 �
Nameffitle Ja Fa-(-Ip ia
Phone: rla» Fax: � ��
Email:
' .
E-z
_ aley �
Sign re Printed Name Date
Revised 7.11.1$cg
I
I
I
ATTACIIMENT-C
CONSIDERATION OF LOCATION OI'BIDDEW S PW NCIPAL PLACE OF BUSINESS
Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids,to enter into a contract for certain purchases with a bidder whose principal place of
business is in the corporate limits of the City of Fort North and whose bid is within 3 or 5 percent of the
lowest bid,depending on the value of the request and goods or services requested,if the lowest bid is from a
business outside the munic3ip2lity and contracting with the local bidder would provide the best combination of
price and other economic benefits to the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be considered by the
City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package.
The Fort Worhh City Council requires the following information for consideration of location of a bidder's principal
place of business. Add additional sheets if needed to provide this information.
1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas_
a. Do you have a Fort Worth office? if yes,identify address:
h4 o
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth?
"Originating in Fort Worth"shall mean payable at the Fort Worth office_[must exceed SO%]
2. Economic Development opportunities resulting from contract.
a. Number ofFort Worth resident-employees?
b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company
(for p for tax year--Fort Worth office or former location,if Fort Worth office is newly-established)?
Q.
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof,
under penalty of perjury.
tm.�a, N • e) 'f (Date)
4. @ rip -
) (Printed Name and Title)
Revised 7.11.18cg
i
i
ATTACHMENT-D
REFERENCE SHEET
Please complete and return this form with your bid.
The bidder shall furnish references for at least three(3)recent customers to whom products and/or
services have been provided that are similar to those required by this solicitation_The City will be the sole
judge of references.Please use additional sheets.
-
1. Company's Name A r s P 5 D
Name of ContactKoh;YI-Son
Title of Contact
Present Address i ra 0 J orb dn'
City,State,Zip Code r I,'
Telephone Number ( ) % O Fax.Number( )
Email }"'(� '7 f ,P • i1 fJ
2. Company's Name 04ho Df f 3 (ry kv Mvlva
Name of Contact
Title of Contact i o-r
Present Address " ® .
City,State,Zip Code , W o f-f-- h
Telephone Number ?1 T981 -` f 11 Fax Number( ) �-
EmaiI CO ca±hn t) ,
3. Company's Name
Name of Contact
Title of Contact ra c-
Present address iP''8 - l
City,state,Zip Code A U -
Telephone Number ( ) 1i _ Fax Number( )
Email 15 A4Q.I-L- ` r-S tin 66tr; e
4. Company's Name
Name of Contact
Title of Contact ' `
Present address F
City,State,Zip Code
Telephone Number ( �� ` Fax Number( )
Email
Revised 7.11.18eg
ATTACHMENT-E
HOW TO REGISTER WITH THE CITY OF FORT WORTH
There are two ways that any business can bid on an event with the City of Fort Worth:
1. Access hW://fQ—rtworthtexas.gnu/Qurchasinpl and view listed Bids&Requests without registering
2. Registering to become a Bidder
To register as a Bidder Please follow the below steeps:
Step 1—Access httn://fortworthtexas.trov/purchasing/
Step 2—On the right side under PeopleSoft Supplier Portal—Select Log In
Step 3—Select."Register as a Bidder"
Step 4—Under Select Activity Below—select Business
Step 5—Under Unique ID&Company Profile-Enter the following:
TIN Number
• Entity Name
o Any Additional Names(DBA's)
o Wcbsite URL
Step 6—Under Profile Questions—Complete the following questions by using the calendar and magnifying glass
accordingly for each question.
Step 7—Under Standard Industry Codes—Select the following:
• SIC Code Type—Use dropdown and select UNSPSC
• Category Code—Select magnifying glass
+ Lookup Category Code —Under SIC Code Type—Description change`Begins With"to "Contains"
* Tel. The search is recommended to use the"contains feed':in order to search all category codes_associated
with your business._
Step S—Under Primary Address—Complete the following:
a) Country
b) Address Lines
c) City
d) County
e) Postal
f) State
g) EmaiI ID(Email Address)
Step 9--Under Otb er Addresses--Check the correspondent that correspond to your business
Step 10—Under Company Contacts—Select the Add Contact,Determiner if Primary Contact—Enter the
following:
a) First Name
b) Last Name
o) Title—Current Job Title
d) Entail ID—Emall Address
e) Telephone
t) Fax
g) Contact Type
Step 11 -Under User Profile Information—Enter the following
a) Requested User ID—Create a Username
b) Enter Description—Current Job Title
c) Language Code
d) Time Zone
e) Currency Code
Step 12—Review email address-Under Terms and Conditions—Select the Terms and Agreement Hyperlink-
Select the box to accept the Terms-
Step 13—Click,Submit
Revised 7.11.1 Scg
i
I
i
ATTACHMENT—)F
NO DID SHEET
(Please complete this form,only if,your firm has chosen not to submit a bid)
Sarah Czeehowiez,Buyer
Purchasing Division
Fax No.817-392-8440
E-mail address: FMSPurchasingResponses@fortworthtexas
If your firm has chosen not to submit a bid for this procurement,please complete this form and submit to:
City of Fort Worth,Purchasing Division
200 Texas Street
Fort Worth,Texas 76102
{or fax to above address)
Please check the items that apply:
EJ Do not sell the items)required.
Cannot be competitive.
0 Cannot meet the Specifications highlighted in the.attached Bid.
Cannot provide Insurance required.
Q Cannot provide Bonding required.
Q Cannot comply with Indemnification requirements.
0 Job too large.
ED Job too small.
EJ Do not wish to do business with the City.
0 Other reason.
17; rs-� 42s4vm
Comp Name.
Autho ' d Officer or Agent Sig ature:
Telephone:( } 5 — two I&AX Number:(� )
Revised 7.11.18eg
ATTACHMENT--G
DETAILED SCOPE OF SERVICES/SPECIFICATIONS FOR
WATER DAMAGE MITIGATION SERVICES
1. SCa��
I.I. The City of Fort Worth Water Department,hereinafter referred to as City,seeks bids from
qualified vendors,hereinafter referred to as Contractors,to furnish all services,supervision,labor,
supplies,tools,and equipment necessary to immediately provide Water Damage Mitigation
Services to residential properties and buildings designated by City to receive such services,after
water or sewage from City main breaks,sewer overflows,sewer backups,etc.,enters them.
1.2. On average,the City experiences 3-5 Water Damage Mitigation events per year,involving 1-5
properties per event. Rarely,an event Haight involve as many as l 0-15 properties. As stated in
Section 6 below,all quatkities Iisted in these specifications are only estimates,and they are not
intended to guarantee future business.
1.3. This is a multi-year,non-exclusive contract for rapid,on-site water damage mitigation,including
assessment,item moving, extraction,drying and dehumidification,cleaning and sanitizing,and
restoration of drywall and molding affected by water and/or mitigation activities. The terms and
conditions contained herein shall apply to this"Water Damage Mitigation Services"contract,
hereinafter referred to as the Agreement.
1.4. Vendors may add service line items of the same general category,along with their unit costs,to
the discount bid and price sheet provided with the bid. These additional services may be utilized
at the City's discretion.
2. EVTENT
2.1. The intent of these specifications is to describe the scope,as well as the minimum Contractor
capacity and qualifications necessary to establish an Agreement between City and Contractors
for'Water Damage Mitigation services.
3. WATER DAMAGE MITIGATION SERVICES
3.1. Water Damage Mitigation Services shall include,but not be limited to:
3.2. Inspection and water damage assessment
3.3. Identifying water type.
3.4. Surveying the extent of water damage and inspect premises,including safety inspection.
3.5. Using moisture detectors,hygrometers,and other meters to measure the extent of moisture
saturation.This shall include infrared cameras to find bidden water,behind walls and ceilings_
3.6. Within an hour of arriving at an event site,Contractor shall photograph conditions prior to
beginning work,prepare a detailed,room-by-room estimate of the work to be performed,and
telephone the Warehouse Supervisor for verbal authorization of the work.
3.7. The work estimate and accompanying photographs shall be emailed to the Warehouse
Supervisor within 24 hours of a request far service. See Section 4 below,for more information
Revised 7.11.18cg
about communication and work authorization.
3.8. ITEM MOVING
3.8.1.Contractor shall move furniture, nuisance property contents, as well as block items to
prevent further water damage,rust or furniture stains on wet carpet or flooring.
3.8.2.Definition: Move-out / Pack-out — if a home requires extensive restoration or cleaning,
conduct move-out to protect belongings from further damage,if necessary.
3.9. WATER EXTRAC TION
3.9.1.Defrnition: Emergency Water Removal T-remove excess water, using submersible pumps,
industrial wet/dry vacuums and pumps, and truck-mounted and portable extraction
equipment as necessary.
3.9.2.Contract shall thoroughly inspect flooring,carpet pad, and carpet.
3.9.3.Upon completion of an inspection,Contractor shall remove wooden flooring and pad and/or
carpet if necessary.
3.14.DR'YING AND DEHUMIDIFICATION
3.10.1. Contractor shall use room measurements,including temperature and relative humidity,to
determine the optimal number of air movers and dehumidifiers necessary to dry a residence.
3.10-2_ Contractor shall monitor moisture levels in floors and walls.
3.10.3_ Contractor shall drill holes and remove drywall, cabinet walls, etc., as necessary to
facilitate drying and dehumidification.
3.10.4. Contractor shall use industrial grade dehumidifiers and high speed air movers.
3.I1.CLEANING AND SANITIZING
3.11.1. Sanitizing Treatments — Contractor shall use Environmental Protection Agency (EPA)
registered biocide antimicrobial, antibacterial, sanitizing and disinfecting treatments to
control bacterial,viruses,and mold.
3.11.2. Cleaning and Disposal — clean, remove, and dispose of cleaning/drying/construction
debris and dirt,damaged materials,and refuse.
3.12_RESTORATION
3.12.1. Drywall removal,installation,and painting—restore drywall and baseboards,damaged by
water and/or drying operations,to prior condition.
3.12.2. Replacement of carpet or other flooring damaged by water and/or removed for drying
operations, will be addressed in claims filed with City Risk Management, by affected
customers.
3.12.3. Contractor shall photograph condition of property after Water Damage Mitigation work
is completed, and prepare a detailed, room-by-room report of the work performed, to be
included with the invoice.
Revised 7.1 I.18eg
4. COMMUNICATION WITH CITY AND AUTHORIZATION OF WORK
4.1. Contractor shall designate a Project Manager (PM) and an alternate Project Manager for this
Agreement, and provide direct 24-hour phone numbers for them. City will :not utilize 800 or
main numbers to place service orders.
4.2. In consultation with the Assistant Director, City Warehouse Supervisor or Assistant Warehouse
Supervisor will telephone the Contractor PM, to place orders and authorize work for an event
requiring Water Damage Mitigation Services.
4.3. During each event response, Contractor will contact and communicate with the Warehouse
Supervisor, to obtain authorization .for all work, including any additional work not previously
authorized.
5. RESPONSE RE UIREMENTS
5.1. Contractor shall be capable of providing Water Damage Mitigation Services at any time, on
every day,including all holidays recognized by the City.
52. Contractor shall respond to City emergency requests by returning phone calls within one (1)
hour,and by arriving at an event site within two(2)hours.
5.3. Contractor shall be local and located within in Tarrant County,Texas.
5.4. Contractor shall be capable of conducting Water Damage Mitigation services at a minimum of
five(5)properties for City simultaneously.
6. BIDDING QUALIFICATIONS
6.1. Contractor shall provide proof his/her company has provided excellent services and his/her
company has been in business performing described services in Tarrant County for the past five
(5)consecutive years.
6.2. Contractor shall provide a minimum of four(4)references establishing proof of experience.
6.3. The Contractor is responsible for familiarizing themselves with the character, quality and
quantity of work to be performed,materials required and equipment required.
6.4. The Contractors shall meet and provide proof of the following qualifications in his/her bid
response:
6.5. Contractor has available facilities and adequate equipment to render the services requested.
6.6. Contractor has available qualified and trained personnel to perform the services requested, and
are adequately staffed and have the type and quantity of equipment necessary to respond to
emergency requests 2417.
6.7. Contractors shaII be able to provide proof of all applicable licenses and certifications for services
described herein.
6.8. Contractor shall not be listed on a local, state or federal consolidated List of Debarred,
Snspended and Ineligible Contractors and Grantees.
I
Revised 7.I 1.1&cg
I
7. ESTIMAT]3D QUANTITIES
7.1, All quantities listed in these specifications are only estimates and are not intended to guarantee
future business.
7.2. The City is only obligated to pay for services actually ordered by an authorized City employee
and then received as required by the City
Revised 7.11.18cg
ATTACHMENT H
Vendor Qualification Questionnaire
1. Date your company was established? rr3
2. What sqrvices ar provided by o r company pertaining to th's bid? €�
3. How,Many years leas your organization been in business under its present name?
-10
a. Lisf any former names your organization has operated under and the
tirneframe(s). /A
4. Please provide any applicable contractor(s)licenses which are currently active and in good
standing with the state of Texas.
a. Name of License
b. License Classification
c. License Code(s)
d. License number
e. Date Issued
f Expiration Date
g. Name of License
h. License Classification
1. License Codes)
j. License number
k. Date Issued
1. Expiration Date
5. Please provide a Iist of most commonly used equipment/materials for Water Damage Mitigation
services: P
a E L !
b. t` 'dt r ie,f�-5
e.
�1C'iX5 L*t I k
g• a 1 tOCK MQVet
f',j-fQf`
6. Hayelyou ever defaulted on a contract?If so,why were you unable to fulfill the obligation?
i
SAMPLE CONTRACTOR SERVICES AGREEMENT
(WATER DAMAGE MITIGATION SERVICES)
ITS No.19-0000025
This CONTRACTOR 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
("Contractor"), an entity authorized to perform work in Texas,acting by and through its duly authorized
.This Agreement shall be effective as of the Effective Bate established herein.
AGREEME111T DOCUMENTS:
The additional documents comprising this Contractor Service ement shall include the
following:
1, Attachment A—Standard Terms and Conditions,Parts I H;
2. Attachment B -The City's Invitation to Bid("ITB" lading Part hments E and F
thereto,
3. Attachment C Contractor's Response to IT ificaily art I-A Bid S ationForm;
4. Attachment D-Verification of Signature A ty Fo
Attachments A-E,are incorporated h " and made a this Agreement for all purposes_In
the event of any conflict between the terms ons of ems A - C and the terms and
conditions set forth in the body of this Agre t, and ditions of this Agreement shall
control_
1. E OF SER—VJE
Contractor hereby es to p e Water age Mitigation Services for the City of Fort
Worth 'Water Department r tlk which more specifically describe the services to
be provided hereunder.
2. TER1
T greement is a ve as the date subscribed below by the City's designated Assistant
City Manag ffective Date d shall expire on the immediately following September 30d'("Initial
Term").Upon piration o Initial Term,the Agreement shall renew automatically under the same
terms and con diti or up ur (4) one-year renewal periods (October I to September 30) and for a
fifth renewal perio l expire on the month and day of the Effective Date creating a five year
total duration. City ma t or Contractor may request a non-renewal by providing the other party with
notice of same at least 60 days before the expiration of the Initial Term or any renewal period.
3, f'[)MPENSATIQN
City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B.
Total payment made under this Agreement per term shall be the amount of
("Contract Amount"). Contractor shall 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 shall not be liable for any additional expenses of Contractor not specified by this
Agreement unless City first approves such expenses inwriting.
I
I
4. TERMINATION/CANCELLATION
Termination: The City reserves the right to terminate this agreement, or any part hereof, with or
without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of
Termination" specifying the extent to which performance of work or the goods to be purchased under the
order is terminated and the date upon which such termination becomes effective.
In the event of such termination, the Contractor shall immediately stop all work hereunder and
shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor
shall be paid a percentage of the agreement price reflecting the percentage of th work performed prior to
the notice of termination, plus reasonable charges the Contractor can de to to the reasonable
satisfaction of the City, incurred as a result of the termination. In no eve 1 the total of all amounts
paid to the Contractor under this section exceed the price stated in the ent. The Contractor shall
not be reimbursed for any profit which may have been anticipated, i e not been earned up to
the date oftermination.
Cancellation.: City shall have the sole right to cancel ontract prior to mmencement of
work should there be a change in the need for the produc ervices as determine c Department
Head or his/her Assistant City Manager.
Non A ro riation of Funds: In the event no icient funds are appropriated and
budgeted in any fiscal period for payments due under this o t, then City will immediately notify
Contractor of such occurrence and this contr be tertnina the last day of the fiscal period for
which funds have been appropriated without nse to f any kind whatsoever,except to
the portions of annual payments herein afire an d all have been appropriated and
budgeted or are otherwise available.
5. DISC C VAL
Disclosure of C Con r hereby ants to City that Contractor has made full
disclosure in writing of an Ling of interest related to Contractor's services under
this Agreement.In the event nflicts o rest arise after the Effective Date ofthis Agreement,
Contractor hereb to make full disclosure to City inwriting.
Co tial Inform Co r,for itself and its officers, agents and employees,agrees that
it shall tr I information Wded t it by City {"City Information") as confidential and shall not
disclose any information ird party without the prior written approval of City.
Unauthori cce ntractor shall store and maintain City Information in a secure manner
and shall not allow u ed users to access,modify, delete or otherwise corrupt City Information in
any way. Contractor sh otify City immediately if the security or integrity of any City Information has
been compromised or is believed to have been compromised, in which event, Contractor shall, in good
faith,use all commercially reasonable efforts to cooperate with City in identifying what information has
been accessed by unauthorized means and shall fully cooperate with City to protect such City Information
from further unauthorized disclosure.
6. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Contractor shall operate as an independent Contractor
as to all rights and privileges and work performed under this Agreement, and not as an agent,
representative or employee of City. Subject to and in accordance with the conditions and provisions of
this Agreement, Contractor shall have the exclusive right to control the details of its operations and
activities and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondeat
superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its
officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between City and
Contractor. It is further -understood that City shall in no way be considered a co-employer or a joint
employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor.
Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be
entitled to any employment benefits from City.Contractor shall be responsible and liable for any and all
payment and reporting of taxes on behalf of itself and any of its officers, age servants,employees or
subcontractor.
7. LIAEILITY AND INDENWFICATION
LIABILITY_ CONTRACTOR SHALL BE LIABLE RESPO FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/ ERSONAL Ili► INCLUDING
DEAT 11, TO ANY AND ALL PERSONS, OF ANY X- C CTER, WII ER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY T EGLIG ACT(S) OR OMISSIONS),
MALFEASANCE OR INTENTIONAL MISC03D F CTOR, ITS OFFICERS,
AGENTS,SERYANTSS'OR EMPLOYEES
[JVDLffffLELU TION - CO NT REBY NANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND D TS CERS,AGENTS, SERVANTS
AND EMPLOYEES, FROM AND AGAI11i Y TMS OR LAWSUITS OF ANY
K ND OR CHARACTER, WHET .REAL O TED, R EITHER PROPERTY DAMAGE
OR LOSS (INCLUDING ALz MAG OSS TO CONTRACTOR IS BUSINESS AND
ANY RESULTING LOST I?"S) 10Id ONAL INJURY, INCLUDING DEATH, TO
ANYAND ALL PERSON SING OF CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CA BY T ACTS OR OMISSIONS OR MALFEASANCE
OF CONTRACTOR,ITS PANTS OR EMPLOYEES
8. ASS IG
C for shall not n any its duties, obligations or rights under this Agreement without
the prior rug consent of Ci If City grants consent to an assignment, the assignee shall execute a
written agree ith City ontractor under which the assignee agrees to be bound by the duties
and obligations a tracto er this Agreement.Contractor and assignee shall be jointly liable for all
obligations of Contn this Agreement prior to the effective date of the assignment.
9. IIJR E A NDING
Contractor shall provide City with certificate(s) of insurance documenting policies of the types
and znWmum coverage limits and performance and/or payment bonds (if required) each to be in effect
prior to commencement of any work pursuant to this Agreement as provided for in Attachments D and D-
1,attached hereto and incorporated herein.
I
10. COMPLIANCE WITH L,A'VUS.QRMNANC1 S.RULES AND REGULAT_IO�iS
Contractor agrees that in the performance of its obligations hereunder, it shall 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 as set forth in Attachment A, Part 11, Section 14. If City notifies
Contractor of any violation of such Iaws, ordinances, rules or regulations, Contractor shall immediately
desist from and correct the violation.
11. &Q,j LDISCRIDIINATION COVENANT
Contractor, for itself, its personal representatives, assigns, subo ors and successors in
interest, as part of the consideration herein, agrees that in the perfo of Contractor's duties and
obligations hereunder,it shall not discriminate in the treatment or am any individual or group
of individuals on any basis prohibited by law, including Chapter 1 'ele ivision 3 of the Fort
Worth Code. IF ANY CLAIM ARISES FROM AN ALLJ&D VIOLA OF THIS NON-
DISCRIMINATION COVENANT BY CONTRACTOR, ERSONAL SENTATIVES,
ASSIGNS, SUBCONTRACTORS OR SUCCESSORS TERE T, CONT R AGREES
TO ASSUME SUCH LIABILITY AND TO I NDE A FEND CITY AND HOLD
CITY HARMLESS FROM SUCH CLAIM.
12. NOTICES
Notices required pursuant to the 1provis o emen 1 be conclusively determined to
have been delivered when (1) hand-delivered the s agents, employees, servants or
representatives, (2)delivered by eleatmnic mean onic firmation of the transmission,or (3)
received by the other party by as gistered, return receipt requested, addressed as
follows:
To CITY: CONTRACTOR:
City of Fort Worth Contractor business name
Attn:Project M N dTifle
200 Texas S
Fort Wo 76102-6314
Email• Phone:
Phone: Facsimile:
Facsimile:(817) 654 Email:
With copy to Fort ttorney's Office at
same address
13. SOLICITATIONS thjELQYFZ.
I
Neither City nor Contractor shall,during the term of this Agreement and additionally for a period
I 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
shall not apply to an employee of either party who independently responds to a general solicitation of
advertisement of employment by either party.
14. GOVERNMENTAL POWERS
It is understood and$greed that by execution of this Agreement,City does not waive or surrender
any of its governmental powers or immunities.
15. MQ WAIVE,
The failure of City or Contractor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's
respective right to insist upon appropriate performance or to assert any such right on any fixture occasion.
16, GdVERNING LAW I VENUE
This Agreement shall be construed in accordance with the a State of Texas. if any
action,whether real or asserted,at law or in equity,is brought pursu o this ment,venue for such
action shall lie in state courts located in Tarrant County,Texas United S trict Court for the
Northern District of Texas,Fort Worth Division.
17. SEVERABILITY
If any provision of this Agreement is he to be 1 egal or unenforceable, the validity,
legality and enforceability of the remaining pro ' ions shall not way be affected or impaired.
1S. MRIZE MAJEURE
City and Contractor shall exercise th fforts meet their respective duties and
obligations as set forth in this , but s of be held liable for any delay or omission in
performance due to force ma or o causes and their reasonable control, including, but not
limited to,acts of the publi my,fire es,loc ,natural disasters,wars,riots,material or labor
restrictions by any gove auth or similarcauses.
19. AlY1ENDM I lYt
No ment, tion, of this Agreement shall be binding upon a party hereto
unless set xn a written in ent,�Vension
h is executed by an authorized representative of each party.
20. E
This Agre ding its attachments and exhibits, contains the entire understanding and
agreement between d Contractor, their respective 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.
21.. WARRANTY
Contractor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. Contractor warrants that it will perform all services under this contract in a
safe, efficient and lawful manner using industry accepted practices, and in full compliance with all
applicable state and federal laws governing its activities and is under no restraint or order which would
prohibit performance of services under this contract. Additional specific warranty provision are found in
Attachment A„pant I, Sections 9-13_
City shall give written notice of a breach of any warranty within thirty (30) days from the date
that the cause for same is discovered.
22. ARrtMBITION ON C ONTltAC'TtNG WITH COMPANIES TA AT RGYC:`C►TTISRAEL
Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, if Contractor has 10 or more fall time-employees and the contract value is
$100,000 or more, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1)does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The s "boycott Israel" and
"company"shall have the meanings ascribed to those terms in Section 808. f the Texas Government
Code. By signing this contract, Contractor certifies that Contra cto ignatare. provides written
verification to the City that if Chapter 2270,Texas Government es,Contractor: (1) does
not boycott Israel;and(2)will not boycott Israel during the ter eco t.
23. LICENaES AND PERMITS
Contractor certifies that on the day work is t ence this contract, and during the
duration of the contract, it shall have and maintain cunrezx ropriate federal and state licenses
and permits necessary for the provision of services under . Contractor also certifies that if it
uses any subcontractor in the performance o s agree men such subcontractor shall have and
maintain current valid and appropriate feder licenses ermits necessary for the provision
of services under this contract.
24. HEADINGS C N
Headings and titles as this ement or reference purposes only,shall not be deemed a
part of this Agreement, e not i ded to or limit the scope of any provision of this
Agreement.
25.
The s aclrno a tl, party and its counsel have had an opportunity to review and
revisc this ement and tha norm les of construction to the effect that any ambiguities are to be
resolved a the dratling p shall not be employed in the interpretation of this Agreement or its
attachments_
26.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
27, E A TA Rff
The person signing this Agreement hereby warrants that he/she has 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 Contractor whose name,title and
goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to
the City.
28. OUANTITiES
The quantities listed on the Part l-A Bid Solicitation Form are estimates and do not indicate intent
to purchase a certain amount or any amount.The City of Fort Worth is obligated to pay for only
those materials and services actually ordered by an authorized City employee and then received
as required and accepted by theCity.
29. IN RA E AND BONDING -OMIT
A valid certificate of insurance shall be provided with the signed ent. Failure to provide
such information witbin five (5) calendar days thereof may be ds for termination of the
Agreement.
Policies shall have no exclusions by endorsements whit n the Iines of coverage,
nor decrease the limits of said coverage unless such ements are a ed by the City. In
the event a contract has been bid or executed the exclusions ar ined to be
! unacceptable or the City desires additional cc co ge, and the ity desires the
Contractor to obtain such coverage, the co ce be adjusted by the cost of the
premium for such additional coverage plus 10%.
30. -CDMPLAINTS
Complaints processed through the Ci c sion o be corrected within fourteen
(14) days of formal notice of complaint. en he Purchasing Division is required.
Failme to properly resolve c mplaints fo (14) calendar day time period may
result in the cancellation icable em(s)in the price agreement_
31. SURCONTRA
Subcontracting of t u t will be allowed provided Contractor notifies the
Project Manager at lea rs in advance.If Contractor intends to engage a subcontractor(s) to
perform iiga erein, subcontractor(s) shall agree to be bound by the duties and
obliga' Cc un Contract as such duties and obligations may apply. Contractor
shal n request, 'de th a fully executed copy of any agreement -making such
su act.
32. D L,
.3 1 Del be F.O.B. Destination and all other delivery charges shall be included in
the unit price. person placing the order will provide delivery and billing information_ No
additional charges for expenses, freight, mileage,time, or similar items will be accepted or paid
by the City.
32.2 There may be instances when the Contractor may be asked to accelerate delivery of an
! order or services due to extenuating or emergency circumstances. When this occurs, the
Contractor will be expected to provide this service at no additional cost.
i
cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest
transportation costs and to conform to requirements of common carriers and any applicable
specifications. City's count or weight shall be final and conclusive on shipments not
accompanied by packing lists.
33.0 SHIPMENT IWD-ER RFSFEVATIONPRUHiBITED
Contractor is not authorized to ship the goods under reservation,and no tender of a bill of lading
will operate as a tender ofgoods.
34.0 TITLE AND MSK OF LOM
If applicable to the scope of work,the title and risk of loss of the shall not pass to City
until City actually receives and takes possession of the goods at int or points of delivery
after inspection and acceptance of the goods.
35.0
If applicable to the scope of work, the place of deliv all be set fo the "Ship to,,
block of the purchase order,purchase change order, ease order.
36.0 RIGHT E TI
If applicable to the scope of work, City shall have inspect the goods upon delivery
before accepting them_ Contractor shall be respo for all charges for the return to
Contractor of any goods rejeeted as b ' conforming the specifications.
37.0 SOFTIYARE LICENSE
If this purchase is for the license p and/or services, and unless
otherwise agreed, Contr by City, a perpetual, irrevocable, non-exclusive,
nontransferable, roya ee li a to us a software. This software is "proprietary" to
Contractor, and is " sod and ided to City for its sole use far purposes under this
Agreement and shed voices. The City may not use or share this
software wit1lout pa a r;however City may make copies of the software
expressly fo pp
38.0 AII' K
If icable to the se of work, Contractor agrees that City shall be the sole and exclusive
owD all reports, papers, procedures, guides, and documentation, created, published,
display, d/or pro -d in conjunction with the services provided under this Agreement
(collectiv `Wor oduct"). Further, City shall be the sole and exclusive owner of all
copyright,p ek,trade secret and other proprietary rights in and to the Work Product.
Ownership of t ork Product shall 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 shall be considered a "work made-for-bire"
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, Contractor 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. Contractor for itself and on behalf of its contractors
hereby waives any property interest in such Work Product.
ATTACHMENT C
CONTRA.CTOR'S RESPONSE TO CALL FOR
SIDS/PROPOSAL S
(Inserted behind this page)
I
i
i i
Al TACHMENT D
j VERIFICATION OF SIGNATURE AUTHORITY
I
Contractor:
Address:
City,state,zip:
Execution of this Signature Verification Form ("Form")hereby certifies that the following individuals
and/oi positions have the authority to legally bind Contractor and to execute ree:ment, amendment
or change order on behalf of Contractor. Such binding authority has b an#ed by proper order,
resolution,ordinance or other authorization of Contractor.City is fully #o rely on the warranty and
representation set forth in this Form in entering into any agreem dment with Contractor_
Contractor will submit an updated Form within ten (10) business if a any changes to the
signatory authority. City is entitled to rely on any current exec orrm until i ves a revised Form
that has been properly executed by Contractor.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
I
3. Name:
Pos' '
Signature
Name.
Signature of 1' t/CEO
Other Title:
Date:
I .
FIRST RESTORA71 ION, INC.
18.1.1
First Restoration, Inc. is a family owned company with over 36 years of experience in the fire and water
restoration industry. We provide 24 hour emergency service along with restoration and reconstruction
services for residential and commercial structures damaged by fire,water and storms. First Restoration,
Inc. has been in business for 20 years.
18.1.2
First Restoration, Inc. has their IICRC(Institute of Inspection Cleaning and Restoration)certifications.
The company is certified along with the owner and employees.
I
REFERENCE LAST
1. Colliers international—Contact: Join Barrett, Portfolio Manager
717 N. Harwood, Suite 300
Dallas,TX 75021
(214)217-1212
John.barrett@colliers.com
2, Abbott Laboratories—Contact: George Stamoyannos, Facility Manager
1915 Hurd Street
Irving, TX 75038
(224)667-9726
George.stamovannos@abbott.com
3. Make-A-Wish—Contact: Ashley Hankins,Office Manger
16803 Dallas Parkway,Suite 100
Addison,TX 75001
(214)496-5055
ahankins@ntx.wish.or
4. Life Protection Sprinklers—Contact: David Bacon
P.O. Box 164309
Fort Worth,TX 76161
(817) 616-0297
d.bacon@Ipsfirg& m
" 1.
;a
415
�.•
A, wY. ti
��I^a"I WiY � -1. d�,sR �� }{.} 15 f'tf !l Cleaning
Yl q. q9- Institute tG Vl Inspection Cleaning
a>'�;:',�•` r3'4 j < a l and Restoration Certification
,.
lip
W
r Certified
,3
2019
Al
be it known that:
FIRST RESTORATION INC
�n is registered with the IICRC and has pledged to maintain.an awareness of and
knowledge about the IICRC's published standards relevant to fhe Certified Firm's
operations; will seek and promote educational training for technicians to enhance
proficiency; provide service that results in elevated levels of customer satisfaction; be
t prompt; conduct business with honesty, integrity dnd.fairness; build consurner
:;. confidence in the industry; and, promote good relations with affiliate industries.
tW
n.
i
74�12
Richard Greene Company
a President/CEO
Valid Through
": YS.";ill?'d"���lwlNS,rNRAi:Y;' � zA,Hfish'# 'd49At4Uf'eii�HAx; 7uC-'ill!I��J! "s ;?.' '4d� 'S($AdWEY'Y1�1N7E9l.Piki ?off.97fl' t'i£ �nNmdek��".kexuix:j,-..,Wu;��:,et4..,•,�.
.. . ... .-.�.,.:-a�x:.,e •.; •r,•a rn-.
+
Ilk 11CRC
institute of inspection Cleaning
V
:ty r'r .3:"e`�4i "f"sTtiiv r.�
'' <1. and Restorction Certiticat'in
he it known that.-
JAMES FARLEY
Is a registrant in good standing with TICRC, and has qualified by service:Ind examin-wivil
for Certifiicatiup in the following areas:
WATER DAMAGE RESTORATION
ODOR CONTROL
FIRE & smokE'RESTORATION
CARPET CLEANING
and has pledged to perfbrm'seur ices.in-these areas with skill, honesty,
and integrity in order to provide the consurner with the h ighest degree
of}�rcfessionalisnl possible.
37426
9/2t319
RLtsISTEIiNUMBER & PIRArIOND irr:
l.'T. � . ..w;�-i7*•k4k�5'{y;n'LrLd;L:"'ti'- -x€_rsq:-;�: :-4"SF:r„' �„�.. .:'. .,'-.� .. 1' �' - � � .. .� ,,
�'i [d"'t. i'r?�i��••'.Z,�'s'Y�e;$�F13�3�:$F3'<+Y�sE:-Xkt'c'•l'i"-'R,'.�Yv�u rty�,.iT�'+r,�c++7;'S'•+'�'�_-4:'::-..•..s:'.;-.-� ., � r.- -.. -
.I
. .� __ _._,-^-��'.G�'. .,. ':'!"' �.-...-.......,.r_,. �.-- ....�'y�.:F+`}'":'�i!5:-,.�,.v�'r.`r;.3s; ,`_:.�.,.w!'n-_-`,"- ;I• ._..-.- - ..
i
I '
% '11C -RC
Institute of iiisiaertion CIeFr7iim
and Restoratioi� CertiticalJon
eat+
be it known that:
LEONARD FARLEY
Is a registrant rn good standing with T1CRC, and has qualified by service and emimimilion
far Certification in the following areas:
FIRE & SMOKE RESTORATION
, ,TER DAMAGE RESTORATION
ODOR CONTROL
,APPLIED STRUCTURAL DRYING
rind has fledged to perforni,services in these areas with skill, lionesiv-
and integrity in order to provide the consumer with the highest degree
orprofessionalisrn possible.
48914 8/2019
REGI S7,R NUMBER EXPIRA9ION PA TE
i J. - ..._ i .':Fi _ _ r...':�,i,. .x -� .:.4j�i'i.}.1 •sL�S:n'. i5:,:a^.1y�1'.Fr F.'�.M1���41j:drya'i -9�.+!4.: �.e}•b�%.+C^�. _ i N .. _ ..�.
-::i`.'.. ... .. :�xls.'�:E".�::S.t::3°",:'�`:,'�'::�':,'`w. !"'�.'ae;;!'TS=��L:�'z-'��'�'`°r.�.' '..u":"^d`�'C:h '!'��'r�3.air,�"•'T':-o'�^'w'°met?r:�:'�:'- .....-..,.,:':'9r`:.. ..: ...- .. - .. ,.
r -"" Via•,
F��A`•3'�' `}' 'N:� '=�{ =tie '
I .-ICR
t����ppS.f SIC A.• -?� -ri,`' �'-'Y�� ��ilYV'
. �����;��1�,-t fS��r l L•fi.i.A,6.. ,•'3 %�
InstitLlte of Inspection Cleaning
and Restoration Certification
be it known that:
Is a registrant in good standing with IICR(�,and has qualified by service mid examimilion
for Certification in the follo«iiig areas:
WATER DAMAGE RESTORATION
and has pledged to peeform services in these areas with skill, horiesty,
and integrity in order to provide the consurner with the highest degree
of professionalism possible.
172169 912019
REGHTER Nd AIV ER EXPIRAT ION D i 77-,
,�.Y.:�'.y..�G.•��. ;•P., .' ':-k5,^ ,`nr,..mn,tti"�:`.-�,r.. ,i;5u-"�.�, � �.'i i'.,x�� �a��,f... �f•�iP:�.4.;zs..: _.n�•r..� ...-... .,, ..- � �. ... ,.. s ...
I
II
a cn
;..... hi
CD
041
O 00
;
—a
:t Sze
�.
z
@ CD
ro
ro
o' y a a
ell
v, CPI '
min. T, ti
v '` A
a
3ibwmi
0Q n @ s
@ _ ,
,. ,.:fir'• ,®,s,
C x , Y o a
CD `�s - 3 � �, Y503
s
CL
rD
Q
owe
CD
CD
C
�
FL
2 c-�
€D CD r
M. ry
rn f* Q (n m
CD
in —tea,
Q
3
� n
i
'ON JA9V watt :Zl MZ 'OZ 'jdd
t
C
' CD
CL
E• 73 m
jr ac n 9 c
c: CD 0
I n (p
c' (D
_ C 3 f
N �
co
arl CO a CC
y s CD—
CD rL
01
CD
�Jt Ins
o CDCD
N
p-{ 5 i (d Cr
E CD
CD 0
3 0
CDeD
1 C A
i
9 1m n
x FR n t'Y Co Z3 C'
C) Cr
CD
Ch
tj tic
c 8 _
j x n i CQ
sa m .
.� o
C?
CC a` T
7
Y �
a
rl O
• F
W�
I
i
nirtr
klrrgg F�i�
v J
TEXAS DEPARTMENT OF LICENSING AND REGULATION
P.O. Box 12067
Austin, Texas 7871.1-2057
1-800-803-9202 (512)463-6699
www.tdir-texas.gov
If you cut around the border of the license it will fit in
a standard 5"x 7"frame.
FIRST RESTORATION INC
PO BOX 173307
ARL.INGTON TX 76003-3307
I
Mike Arismewfez , �j � � CeratdT- C [la'y,N.D.,
Chair , � ` z IfeCen Calfier
r.
Rick T queroa
fimvas F. > utler `" Gamy F. Wesson,D.D_S.,N.S.
Vice Clair .,' „+•. Deborah A. yur-co
:Mold Aemediation Company
FIRST RESTORATION INC
License Number: RC01000
I
The entity named above is licensed by the Texas Department of licensing and Regulation_
License Expires: April 23,2021 --------- Brian E. Francis
. Executive Director
I
4
TEXAS DEPARTMENT OF LICENSING AND REGULATION
P.Q. Box 12057
Austin,Texas-78711-2067
1-800-803-9202 (512) 463-6699
www.tdir.texas.gov
If you cut around the border of the license it will fit in
a standard 5"x 7"frame.
NOTE. Issuance o the Wallet card is in a separate mailing.
JAMES HC?WARD FARLEY
2510 KIRT'L.EY ANN DRIVE
ARLINGT'ON TX 76001
Ij
Nike.Arisnwndez � geral"CfR. Caitas, 41.D_,Y.A-S--AL
Chair 3feCen Caffier
Rick Figueroa
Thomas F. Butter Gary-T. 'Wesson,.D_D.S.,_74-s.
'Vice Chair Deborah A. yurco
-Mot-dieme&-Cation 'Worker
J.Ai1VdES HOWARD FAFEEY
License Number: MRW16529
i
The person named above is licensed by the Texas Department of Licensing and Regulation.
License Expires: March 25,2021 Brian E. Francis
" Executive Director
• ,�ceF]•1S:s
TEXAS DEPARTMENT OF LICENSING AND REGULATION
P.O, Box 12057
Austin, Texas 78711-2057
1-800-803-9202 (512) 463-6599
wwwMir_texas_gov
If you cut around the border of the license it will fit in
a standard 5" x 7" frame.
N071.-: Issuance of the wallet card is ir1 a sWarate nutilin
LEONARDFARLEY
P O BOX 173307
ARL.INGTON TX 76003
i
I
I
:Ahfie Ai'ismends Z Cidf'r.7lcf?:. Ccrllris, y- '�-4..'•t-
.�`
� '7licrrrr.a,,_/: 'lSrrtli:7 � 4] Crary'l: •11'r°rtir�ri, :17.??-<_. .'�t.�'.
Yrr•1> L77cai1" � ,(4�` .1)�'t7t77"!I/1 .'l. tlirl'�'r
I
LFONARD FARLE4 Y
License Number: MRC0382
The person named above is licensed by the Texas Department of Licensing and [Regulation
License Expires: July 31, 201-0 � Brian F. Franris
Executive Director
�x LIG
TEXAS DEPARTMENT OF LICENSING AND REGULATION
P.G: Box 12067
Austin, Texas 78711-2057
' 1-800-803-9202 - (512)463-6599
i www_tdJr.texas.aov
If you cut around the border of the license it will fit in
a standard 5"x 7"frame.
.COTE: Issuance of the wallet card is in a separate mailing
LESTER EARL FARLEY
•1026 NELSON ROAD
AZL.E TX 76020
Q�LI
'mike-%rismendez geraCdE. Callas, ai.D.,F--12i SQL.
chair 9 i4ieCen CalCfer
?tick Figueroa
Thomas F Butler 0 vary Y. 'Wesson, D-D_S_, -W-S-
{ 'Vice Chair Debora(A. yurco
-MoCr, Remediatian 'Worker
LESTEK EARL YALRE Y
License Number: MRWI6531
The person named above is licensed by the Texas Department of Licensing and Regulation.
License Expires: March 26,2021 ,_---- Brian E. Francis
Executive Director
•I
73 ti r
Y
r
.. _ -lot . f
iV
[\
' - � t•1=Ilse I rr, I I - -
4787
nr -
--',
4f �
{ f
h d- NEW
r r+ lr
3 3i
i
s -
�SI
_ f _ - ' [[
I
Mms
r i€
rI
I
I r r
1LV1 -
I r
wax;
11 ri C1WIrTr I- r I�III•S �1 .. � ..bi f
r x-' '�
�-
r
x_I I I --i nAkI r � 1 Aid`�Ir I(II�r!< � � '�I���
S1'i ' h 1 €'s I 'R€'r ' 1 _
-Y f ll�l f i l srr s (fl}l 04�lsll ..I jr fl!II!k k
_ t��llill I I - w.Q.l ` 3
Oct.
i {!YI a- !I -€r
I II r ZL�r I f r{T I ! '.'
r-i--II F 1 h !• - I _ T� I _ _ ,' `�+.3 Lam. (3�
k.IrJYArI -
", €l .M.'-
IIn,
I �i�
;ll�I1�HVI,€3#��'l{Iif�.�! _� �Ir,1 � I r f1 E 1,t r
n.�,�� �Y'�I,fhA iQ�3 I,�€_!!11 d���hl ' �1��:I I '1'.f I IYe�;-IJl! r- F ry n�I ¢_€ 'I-�.#-F I ryry $$ !If l'� I k71.- I IIJ�,IIk�� p { Y IE 3 !31 !I I_'�i I- ��
71pI S 1R �'I�:: <'�"'.� €�!�'i" 'f�-!# .�t IS �i��u f I--II 5 It'd i k�f�-'s�s : s1�I• ]I_-,
- !.. 'i.},is Ir E€ - 1'r- I € � s €�" 3 1!slrr � - ra+ F�cItY I,- i n I II If
YF�� rl' i
�I€-I IS'I,�IEI r 'S
- 77 '"SH,,'i1p I�fInJ I rr! A {II -s vt r f I Il
M IR I f{'li '�I, S13".I ldl--� +J,{ it f3 'liy -!I'xIAr kin I U #'kl-id I' i k€�i jly-�F Id }'- ' �I '
YY..I - 3 t,{ I r:{ slriq Iq _ i ! In 1 r -f -
..,r.lf, F 7�><p'"Y Ir '}"�i,I€tII [I(rh I �3 I-, ihY I E F _ A�--!'F F fl s I I
r;. s�S v.- -
{_ �I I� tl�put—nag -
--� 111 ll' --
=" .` 1 - � �I III .•x.I.,.H1.x.. :::-. I.If i..i,[5..:..•..E.�.-, - .-.,,. .. � �' .• -
TEXAS DEPARTMENT OF LICENSING AND REGULATION
P.O. Box 12067
Austin, Texas 76711-2057
1-800-303-9202 (512)463-6699
www.tdir.texas.gov
If you cut around the border of the license it will fit in
a standard 5° x 7"frame_
NOTE. Issuance of the wallet card is in a separate.rnailink.
IRIS D ARRIAGA
1232 MERIWETHER
FORT WORTH TX 76115
I
Q �j .�Ii1�e.;4rismencfez CerafdR Ca�Cas,.7v1_D.,F.A.S.�
Chan- 3-'Jr CaCCier
1 Rick Figueroa
Thomas F Butter Cary F. -Wesson, D.D.S., M_S.
i "Vice Chair Deborah A Jurco
I -%IoCd-R.emedc'ation 'Worker
i
IRIS D ARRIAGA
License Number: MRW16526
The person named above is licensed by the Texas Department of Licensing and Regulation.
i
License Expires. March 25,2021 Brian E. Francis
Executive Director
I� h
I
I
I
I I
!i
f -
i
TEXAS DEPARTMENT 0f LICENSING AND REGULATION
P.O. Sox 12057
Austin, Texas 78711-2057
1-800-803-9202 (6612)463-6699
www.tdlr.texas.aov
If you cur around the border of the license it will fit in
a standard 5" x 7"frame-
NOTE: Issuance o the wallet card is 1.v a separate mailing
RANDALL SIMMONS
10012 SILENT HOLLOW DR
FORT WORTH TX 76140
mike�lrismenctez CJeraCdR. CaCCas>3W.D.,F.A.S.-A-
- Chair � ,� Heren Cattier
Rick Figueroa
j 'Thomas F. Butter g ry Y. 'Wesson, D.v.s., m-s-
Vice Chair _ w` Deborah-AL Yureo
-%1oCd gzemediation 'Worker
P,A A T.T, SIA MION S
License Number: MRW16455
The person named above is licensed by the Texas Department of Licensing and Regulation.
License Expires. March 04,2021 Irian E. Francis
L Executive Director
i
FArp
rx
TEXAS DEPARTMENT OF LICENSING AND REGULATION
P.O. Box 12067
Austin, Texas 78711-2067
1-800-803-9202 (612)463-6699
www.tdfr.texas.gov
If you cut around the border of the license it will fit in
a standard 5"x 7"frame.
NOTE. Issuance of the wallet card is in u separate mailing:
ROBERTO GARCIA
1814 EDNA STREET
ARLINGTON TX 76010
,'dike-�krismendez � GeraldR- Ca[Cas, 7vi_27.,y A.
Chair , .-fefen CccCtrer
Rick-Tigueroa
-jT2vmras.r- Butcer ' Crary F 'Wesson, D.D.S_, MS
Vice Chair Q Deborah-A- VLtrco
mofid Remediation `Worker
R.013.E+RTO G"CIA
License Number MRW16527
The person named above is licensed by the Texas Department of Licensing and Regulation.
License Expires: March 25,2021 _ Brian E. Francis
Executive Director
4.1.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
P.O. Box 12457
Austin, Texas 78711-2057
1-800-803-9202 (512)463-6599
www:td i r.texas.gov
If you cut around the border of the license it will fit in
a standard 5"x 7"frame.
NOTE. Issuance of the mallet card is in a separate mailing
ELVIRA MUNOZ
1825 GUINEVERE'STREET
ARLINGTON TX 76014
rS p Li�
'Alike-qrismendez , geraLd'R Caffias, 7v1.O., S.-A
Chair .3fefen Cal ier
Rick Yigueroa
Thomas y. Butfer 4r GaryY. -Wesson, D.D.S., :M.S
`Vice Chair Q _ Deborah-:k yurco
IaCd emec iation or er
ELVIRA MUNOZ
License Number: MRW16528
The person named above is licensed by the Texas Department of Licensing and Regulation.
License Expires: ]March 25,2021 Brian E. Francis
j� Executive Director
i
TEXAS DEPARTMENT OF LICENSING AND REGULATION!
P.O. Box 12057
Austin, Texas 78711-2057
1-800-803-9202 (512)463-6599
www.tdir_texas.gov
�If you cut around the border of the license it will fit in
a standard 5"x 7"frame_
NOTE. Issuance of the wallet carat is in a separate Mailinh
i
GEORGINA CANDELA
3043 E PARK ROW DID APT 151
ARLINGTON TX 79010
JUIike-Arismendez G CeraCd R. Ccdfas, .M.D.,F:_st.S.A.
chair .3-feCen Caller
�I Rick Figueroa
Thomas,- Butter . 0 Cary_T: -Wesson, D_D_S., J41_S_
`Dice Chair Deborah A. yurco
em 'on Wor.�vloCc��Z. edzc�t� fier
GEORGINA CANDR+LA
License Number. MRWIG530
I The person named above is licensed by the Texas Department of Licensing and Regulation.
License Expires. March 25,202I Brian E_ Francis
a Executive Director
I
GLEN' BEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB)
Program for the State of Texas, which includes certifying minority-, woman- and service disabled veteran-owned businesses
as HUBS and facilitates the use of HUBs in state procurement and provides them with information on the state's procurement
process.
We are pleased to inform you that your application for certfficationlre-certification as a HUB has been approved- Your
company's profile is listed in the State of Texas HUB Directory and may be viewed online at
https./Imycpa,cpa-state.tx.usltpasscmbisearch/index,jsp. Provided that your company continues to meet HUB eligibility
requirements, the attached HUB certificate is valid for the time period specified.
You must notify the HUB Program in Writing of any changes affecting your company's compliance with the HUB eligibility
requirements, including changes in ownership, day-to-day management, control and/or principal place of business, Note:Ally
changes made to your company's information may require the HUB Program to re-evalciate your company's eligibility.
Please visit our welasite at http,/Icomptroller,texas-goWprocurement/prog/hubf and reference our publications (i.e. Grow Your
Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that
can increase your company's chances of doing business with the state.
Thank you for your participation in the HUB Programl If you have any questions, you may contact a HUB Program
representative at 512-463-5872 or tall-free in Texas at 1-888-863-5881.
Texas Historically Underutilized Business (MOB) Certificate
Gertificate[VID Number: 17528087723
File/Vendor Number: 83173
Approval Date. 07-SEP-2016
Scheduled Lxpiration Date, 07-SEP-2020
The Texas Comptroller of Publid Accounts (CPA), hereby certifies;that
FIRST RESTORATION, WC.
has successfully rnet the established requirements of the State of Texas Historically Underutilized Business
Program to be recognized as a HUB. This certificate printed 28-DEC-2016, supersedes any registration and certificate
previously issued by the HUB Program. 'If there are any changes regarding the information (i.e., business structure,
ownership, day-to-day management, operational control, business location) provided in the submission of the business'
application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB
Program in writing- The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility, HUB
certification may be suspended or revoked upon findings of ineligibility.
ca.,
Paul Gibson, Statewide HUB Program Manager
Statewide Support Services Division
Note- In order for State agencies and institutions of higher education (universities)to be credited for utilizing this business as a HUES,they must award
payment under the Certiffcatc-IVID Number identified above. Agencies,universities and prime contractors are encouraged to verify the company's HUB
certification prior to issuing a notice of award by accessing the Internet(https.,Ilmyepa.epa.state.tx.uzftpassembiscarchfindex.jsp) or by contacting
the HUB Program at 512-463-5872 or toll-free in Texas at 1-888-863-5881-
VERIFICA'IIOiN OF'SIGNATURE URE AUTHORITY
First Restoration Inc.
James Parley,President
Vendor hereby agrees to provide City with independent audit basic financial statements, but also Ilre lair
presents€ion ofdte finanCial statements ol'individull funds.
Exceution of this Signature Verification [Form ("Dorm")hereby certifies that the following individuals
andfor Positions have III"authority to legally bind Vendor and to execute any agivement,sunendincnl or
change order on beltall'of Vendor, Such binding authority has been granted by proper order. resolution,
ordinance or other authorization of Vendor. City. is filly entitled to rely on the warranty and
representation set forth in this form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) bushtess days if there are any changes to the signatory
authority. City is entitled to rely on any Current executed form until it receives a revised form that has
been properly executed by Vendor,
I. Name:
Position:
Signature
I Name:
Position:
i
Signature
3, Name:
Position:
Signature
,
Na Ic:
am
Si n tureofPresident/ l.'+hFp1 _.
Of icr•t ille:
Da
Venidor Services Agreement-Exhibit C13 Page 12 of 13
1
l�
I �v A I