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HomeMy WebLinkAboutContract 53609 5 la 7_0 - CSC No.53609 c�ySE 7 CONTRACTOR SERVICES AGREEMENT CCTV Inspection Services �d 69 L 29 h' ITB No.20-0011 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 TRINITY STAR INTERPRISES,Ilya. ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized PRESIDENT This Agreement shall be effective as of the Effective Date established herein. AGREEMENT DOCUMENTS: The additional documents comprising this Contractor Services Agreement shall include the I following: 1. Attachment A—The City's Invitation to Bid("ITB"),sections duplicate to Attachment B have been deleted including the sample CSA. 2. Attachment B-- Contractor's Response to ITB, 3. Attachment C—Verification of Signature Authority Form(ITB Part 4,Attachment H). Attachments A, B and C, are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachments A or B and the terms and conditions set forth in the body of this Agreement,the terns and conditions of this Agreement shall control. 1. SCOPE OF SERVICES I Contractor hereby agrees to provide CCTV LnspMija' n Services for the City of Fort I Worth Transportation and Public Works Department as per Attachments A and B which more specifically describe the services to be provided hereunder:. 2. TERM This Agreement is effective as of the date subscribed below by the City's designated Assistant City Manager ("Effective Bate") and shall expire ") and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). Upon the expiration of the Initial Term,the Agreement shall renew under the same terms and conditions for up to four(4) one-year renewal periods (October 1 to September 30) and for a fifth renewal period which shall expire on completion-of total five year duration,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. However, if ftinds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor. 3. COMPENSATION 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 up to 8$ 0,000 ("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 in writing. 20-0011 CCTV Page 1 of 10 OFFICIAL RECORD Contractor Services Agreement CITY SECRETARY FT.WORTH,T% 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 perfonnance 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 the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the reasonable satisfaction of the City, incurred as a result of the termination. In no event shall the total of all amounts paid to the Contractor under this section exceed the price stated in the Agreement. The Contractor shall not be reimbursed for any profit which may have been anticipated, but which have not been earned up to the date of termination. Cancellation: City shall have the sole right to cancel this contract prior to the commencement of t work should there be a change in the need for the product or services as determined by the Department j Head or his/her Assistant City Manager. No _Appropriation of Funds: In the event n 11 o finds or insufficient finds are appropriated and budgeted in any fiscal period for payments due under this contract, then City will immediately notify Contractor 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 City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which finds shall have been appropriated and budgeted or are otherwise available. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION Disclosure of Conflicts Contractor hereby warrants to City that Contractor has made frill disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make frill disclosure to City in writing. Confidential Information Contractor, 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. Unauthorized Access Contractor 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. Contractor 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, 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 frilly 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, 20-0011 CCTV Page 2 of 10 Contractor Services Agreement 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 respondent 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, agents, servants, employees or subcontractor. 7. LIABILITY AND INDEMNIFICATION LIABILITY- CONTRACTOR 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 CONTRACTOR, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THISAGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. s 8. ASSIGNMENT Contractor shall not assign any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this.Agreement. Contractor and assignee shall be jointly liable for all f obligations of Contractor under this Agreement prior to the effective date of the assignment. 9. INSURANCE AND BONDING Contractor shall provide City with certificate(s) of insurance documenting policies of the types and minimum 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 the ITB, Part V, Attachment G. 10. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS 20-0011 CCTV Page 3 of 10 Contractor Services Agreement 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 Part IV, Section 14 of the ITB. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from f and correct the violation. 11. NON-DISCRIMINATION COVENANT f Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor'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, including Chapter 17, Article III, Division 3 of the Fort Worth Code. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 12. 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 electronic confirmation of the transmission, or(3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To CONTRACTOR: City of Fort Worth Contractor business name Attn: Steven Rathers, Buyer I TRINITY STAR ENTERPRISES, INC. 200 Texas Street P O BOX 172015 Fort Worth,TX 76 1 02-63 1 4 ARLINGTON, TEXAS 76003-2015 Email:Steven.rathers@fortworthtexas.gov Phone: 817-319-7793 Phone:817-392-2057 Fascimile: Facsimile: (817)392-8654 Email: tom@tristarpipeinspection com With copy to Fort Worth City Attorney's Office at same address 13. SOLICITATION OF EMPLOYEES Neither City nor Contractor 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 4 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 E 7 ` 120-0011 CCTV Page 4 of 10 Contractor Services Agreement i I�. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 15. NO WAIVER 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 future occasion. 16. 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. 17. SEVERABILITY fr' 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. 18. FORCE MAJEURE City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth irr 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 public enemy, fires,strikes,lockouts,natural disasters, wars,riots,material or labor restrictions by any governmental authority and/or any other similar causes. 19. 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. C 20. ENTIRETY OF AGREEMENT This Agreement, including its attachments and.exhibits, contains the entire understanding and agreement between City and 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 �i Contractor warrants that its services will be of a professional quality and conform to generally k f 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 frill compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit perfor mance of servic es tinder this .contract. Additional specific warranty m provision are found ITB,Part III, and Section 9. 20-0011 CCTV Page 5 of 10 Contractor Services Agreement r i� i�Y Attachment C. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. ACCORDINGLY, the parties hereto have duly executed this Agreement and established the Effective Date as being the,date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH: CONTRACTOR: By: Dana Bur2hhdofffN1 r3,2020) By: Name:,"/Q ,4kjtj1,p1* Name: 6 �1 c is w Title: Assistant City Manager Title: f,�Pc-5/P&tj'' Date: Date: Mar 3,2020 - APPROVAL RECOMMENDED: Gs-r . By: 7161zm Jo son(Mar 3,2020) Name: rW' d)y Title: / Department Director pRT ATTEST: ' Mar J L4 steer ;Z By: Mary J.-Kayser(Mar 5,2020) Name: Mary J.Kayser . Title: City Secretary *'• APPROVED AS TO FORM AND LE Y� I NTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person BY M— — responsible for the monitoring and Name: Douglas W Block administration of this contract, including Title: Sr.Assistant City Attorney ensuring all performance and reporting CONTRACT AUTHORIZATION: requirements. M&C: Date: 1295# . By: am : cI tL n CPA Title: r. C7 20-0011 CCTV Page 7 of 10 OFFICIAL RECORD Contractor Services Agreement CITY SECRETARY FT. WORTH,TX ATTACHMENT A ITB (Inserted behind this page as modified) i i ti f R i 20-0011 CCTV Page 8 of 10 Contractor Services Agreement i 'OR't'WORT11; ATTACHMENT A CITY OF FORT WORTH DID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-20-0011 1 Event Round Version 1 1 Event Name 20-0011 ITB Closed Circuit TV Inspection Services Submit To: City of Fort Worth Start Time Finish-Time PURCHASING DIVISION lz 24 2019 11:00:00 CST 01 09 2020 13:30:00 CST LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth(City)seeks bids to establish an Annual Agreement for closed circuit television inspection services on an"as needed basis"for the Transportation&Public Works Department in accordance with the descriptions and specifications listed in this solictation.This Agreement shall begin on the date stated on the contract(Effective Date)and shall expire on upcoming September 30th,2020(Expiration Date), unless terminated earlier in accordance with this Agreement(Initial Term). Upon the expiration of the initial term,the Agreement shall renew under the same terms and conditions for up to four(4)one-year renewal terms (October 1 to September 30), unless City or Vendor provides the other part 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, materials,freight and/or fuel charges. No additional charges will be accepted or paid by the City. Terms & Conditions A pre-bid conference will be held at 9:OOAM, Monday, December 30, 2019, in the Planning and Development Conference Room 1201, Lower Level, City Hall, 200 Texas Street, Fort Worth,Texas, 76102. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR S ABILITY TO SUBMIT FULLY INFORMED AND COMPETITIVE BID RESPONSE.ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. Bids are 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 PM., January 16, 2020, and then publicly opened and read at 2:00 PM. 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 RECIEVED BY THE PURCHASING OFFICE AND 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 of Fort Worth, Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth,Texas 76102 Bids delivered by special courier(i.e. Federal Express, Special Delivery etc.)are to be marked on the outside of the courier's shipping envelope"BID No.20-0011, ITB- Closed Circuit Television Inspection Services"AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids 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 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. DOCUMENT NAME-LOCATION Bid Offer Sheet**-Cover Page of Final Bid Document and attached as a separate document Instruction to Bidders-Part 2 of Final Bid Document V1 Scope of Services-Part 3 of Final Bid Document V1 Standard Purchasing Terms and Conditions-Part 4 of Final Bid Document V1 Conflict of Interest Disclosure Requirement**Attachment A**-Part 5 of Final Bid Document V1 Vendor Contact Information**Attachment B**-Part 5 of Final Bid Document V1 Consideration of Location of Bidder's Principal Place of Business(if applicable)-**Attachment C**-Part 5 of Final Bid Document V1 How to Register with the City of the Fort Worth-Attachment D-Part 5 of Final Bid Document V1 No Bid Sheet-Attachment E-Part 5 of Final Bid Document V1 Additional Detailed Scope of Services/Specifications-**Attachment F**-Part 5 of Final Bid Document V1 Sample Agreement-Attachment G-Part 5 of Final Bid Document V1 **Required to be completed and submitted. See Section 19.0, Part 3 for all required document submission*** Documents are hereby incorporated into this Solicitation by reference,with the same force and effect as if they were incorporated in full text. ITB 20-0011 Closed Circuit Television Inspection Services Page 1 of 48 L FORT WORTH., CITY OF FORT WORTH DID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-20-0011 2 Event Round Version 1 1 Event Name 20-0011 ITB Closed Circuit TV Inspection Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 12 24 2019 11:00:00 CST 01 09 2020 13:30:00 CST LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agree to be bound by the terms therein. Company Legal Name: Company Address: City, Sate&Zip code: PeopleSoft Supplier No. Federal ID Number(TIN): Printed Name of Officer or Authorized Representative: Title.- Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: a i x i � I ITB 20-0011 Closed Circuit Television Inspection Services Page 2 of 48 FORT WORTH;:, CITY OF FORT WORTH HID OFFER Event ID Page Invited: PUBLIC EVENT DETAILS CFWO1-20-0011 3 Event Round Version - 1 1 Event Name 20-0011 ITB Closed Circuit TV Inspection Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 12 24 2019 11:00:00 CST 01 09 2020 13:30:00 CST LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details i Line: 1 Description: City Unit UnitPrice Total Provide a base fee dollar amount for 9000.00 FT television inspection of storm sewer pipe 27" - to 60"pipe, 0 to 500 Feet in Length Line: 2 Description: Qtv Unit UnitPrice Total Provide a base fee dollar amount for the 9000.00 FT television inspection of storm sewer pipe 15" to 24"pipe over 500 FT in Length per linear i Line: 3 Description: Qty Unit UnitPrice Total Provide a base fee dollar amount for the 9000.00 FT television inspection of storm sewer pipe 27" to 60"pipe over 500 FT in Length per linear Line: 4 Description: Qtv Unit UnitPrice Total Traffic Control Plan(d required)City of 14.00 EA Fort Worth shall reimburse costs. Line: 5 Description: Qtv Unit UnitPrice Total Provide a base fee dollar amount for 9000.00 FT television inspection of storm sewer pipe 15" to 24"pipe,0 to 500 FT in Length Total Bid Amount: i d � f ' u ' �1 r. si � f ITB 20-0011 Closed Circuit Television Inspection Services i Page 3 of 48 i� !I PART-2 INSTRUCTION TO BIDDERS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. 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. 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 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 of their 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(MAIBE) Office, ter as otherwise indicated ih the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal 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 regarding any matters pertaining to this solicitation, except as 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-BID CONFERENCE- A pre.-bid conference will be held at 9:00AM, Monday, December 30, 2019, in the Planning and Development Conference Room 1201, Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas, 76102. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE.ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 4.0 PREPARATION OF BIDS 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- ITB 20-0011 Closed Circuit Television Inspection Services Page 4 of 48 responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 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 under any Contract. 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 the date is not indicated, the Bidder shall state its best delivery time. 4.4 Free on Board (FOB) 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 be cause for rejection. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. 4.5.2 Pricing shall be entered on the Bid Offer Sheet in ink. 4.5.3 Totals shall be entered in the"Total Price"column of the Bid Offer Sheet. 4.5.4 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 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 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: 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 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. e b � ITB 20-0011 Closed Circuit Television Inspection Services Page 5 of 48 p 6 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. 4.9.2 If 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 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 being deemed non-proprietary and available upon public request. 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 htti2�L/www.fortworthgov_.org/purchasing/, click on"Automated Clearing House Setup" 5.0 SUBMISSION OF BIDS 5.1 Bid document: Unless otherwise specified, Bidders are required to submit a signed 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. 5.2 Documents required with Bid: The following documents must be submitted with each Bid prior to the Due Date: 5.2.1 A completed and signed City of Fort Worth Bid Offer; 5.2.2 Proof of National Association of Software and Service Companies' Pipeline Assessment and Certification Program (NASSCO PACP)Training; 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 Time. Addenda containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name, address, the Solicitation number, and the Due Date and time. 5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and 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 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 ITB 20-0011 Closed Circuit Television Inspection Services Page 6 of 48 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. 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 the facsimile is signed by the Bidder) at any time prior to the Due Date. A Bid may also 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 Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 8.0 EVALUATION FACTORS AND AWARD 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 j single award'is advantageous. I 8.2 Award. The Method of Award is detailed in Part 3 Scope of Services Section 19.0. 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. k. 8.4 Reservations: The City expressly reserves the right to: 8.4.1 Specify approximate quantities in the Solicitation; 8.4.2 Extend the Solicitation opening date and time; 8.4.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; 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; 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; 8.4.8 Reject or cancel any or all Bids; 8.4.9 Reissue a Solicitation; ITB 20-0011 Closed Circuit Television Inspection Services Page 7 of 48 V 8.4.10 Procure any item by other means; and/or 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. Bidders shall obtain a receipt from the appropriate department as evidence that the City 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.Lls/whatsnew/elf info form1295 htm. 10.0 PROTEST PROCEDURE 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. 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 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 ITB 20-0011 Closed Circuit Television Inspection Services Page 8 of 48 ,Y. the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C) in question. 10.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: htt�//fortworthtexas oc� v/citysec(ett nfo/default aspx?id=2914 on the City's website. 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. 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 Fort Worth 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 ITB 20-0011 Closed Circuit Television Inspection Services Page 9 of 48 PART-3 SCOPE OF SERVICES 1.0 SCOPE 1.1 The City of Fort Worth (City) is seeking bids to finalize an Annual Agreement for Closed Circuit Television Sewer Pipe Inspection services as described herein on an"as needed basis"for the Transportation & Public Works Department. The Transportation & Public Works Department will use this service in accordance with the descriptions and specifications listed in this solicitation. The successful bidder(s), known hereafter as "Vendor". 1.2 This Agreement shall begin on the date stated in Purchase Order("Effective Date") and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew under the same terms and conditions for up to four(4) one- year renewal periods (October 1 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. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Vendor. 1.3 Following the award, additional services of the same general category that could have been encompassed in the award of this 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 suitable for their intended purpose. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance. 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 Part 5 Attachment "F", Additional Detailed Scope of Services and Attachment"G", Contractor Service Agreement, more specifically describing the services to be provided hereunder. 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 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 president of the company 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 do so may adversely impact future invoice payments. 4.0 LAWS, REGULATIONS, AND ORDINANCES ITB 20-0011 Closed Circuit Television Inspection Services Page 10 of 48 4.1 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 payments, as they shall be returned to the Vendor for correction and re-submittal. 6.0 UNIT PRICE ADJUSTMENT 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. 6.2 The Vendor must 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 renewal option, the Purchasing Division will issue a new solicitation. 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 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. 8.0 INSURANCE REQUIREMENTS 8.1 The Vendor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Vendor ITB 20-0011 Closed Circuit Television Inspection Services Page 11 of 48 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 information 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 be 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 at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each 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. 8.2.2 Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $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. 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). ITB 20-0011 Closed Circuit Television Inspection Services Page 12 of 48 9.0 ADDITIONAL INSURANCE REQUIREMENTS 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 Bid#20-0011 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 financial strength and solvency. 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. 9.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk 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. 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 amounts of insurance required 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. ITI3 20-0011 Closed Circuit Television Inspection Services Page 13 of 48 11.0 COMPLAINTS 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 12.1 No subcontracting of the work under this Agreement will be allowed. 13.0 DELIVERY 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 charges for expenses, freight, mileage, time, or similar items will be accepted or paid by the City. 13.2 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. Failure to comply with the delivery terms may be legal grounds for canceling an order(s), or the entire Agreement in accordance with the Termination Clause shown elsewhere in the solicitation. - 13.4 Delivery tickets must include the City's Contract Number and the department's Purchase Order. 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 SAFETY 14.1 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). 15.0 HAZARDOUS CONDITIONS 15.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 16.0 CONTRACT ADMINISTRATION 16.1 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 ITB 20-0011 Closed Circuit Television Inspection Services Page 14 of 48 arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 16.2 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. 16.3 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. 16.4 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 subVendors 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. 17.0 BIDDERS QUALIFICATIONS 17.1 The following information must be submitted as part of the bid package and shall be supplied in the following order: 17.1.1 Bidder's background, services provided and number of years in business. 17.1.2 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. j' 17.1.3 In order to receive bid award consideration, the bidder shall maintain sufficient resources to fulfill normal City of Fort Worth requirements. 18.0 METHOD OF AWARD 18.1 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. 18.1.1 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. 18.1.2 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. 18.2 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 18.3 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. ITB 20-0011 Closed Circuit Television Inspection Services Page 15 of 48 18A The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 18.5 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest in as much as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 18.6 Tentative Schedule of Events: ITB Release Date December 24, 2019 Pre-Proposal Conference December 30, 2019 at 9 AM (Local Time) Deadline for Questions January 3, 2020 at 5:00 PM (Local Time) Answers Posted January 7, 2020 ITB Due Date January 16, 2020 by 1:30 PM (Local Time) Recommended Vendor Selection January 17, 2020 19.0 BIDS 19.1 Bidders shall submit the following items with their bid: 19.1.1 A completed and signed City of Fort Worth Bid Offer; 19.1.2 Proof of National Association of Software and Service Companies' Pipeline Assessment and Certification Program (NASSCO PACP) Training; 19.1.3 A completed and signed original Conflict of Interest Questionnaire,Attachment A; 19.1.4 A completed Vendor Contact Information Form, Attachment B; 1 19.1.5 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment C, if applicable; 19.1.6 All items listed in Section 17.0, Bidder Qualifications; 19.1.7 Scanned copy of all documents listed in paragraph 19.1 on a USB flash drive. 19.2 Failure to submit the items listed in paragraph 19.1 may be grounds for rejection of a bid as non-responsive to the specifications. 20.0 QUESTIONS 20.1 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 January 3, 2020. 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. 20.2 IN ORDER FOR THE QUESTION TO BE ANSWERED ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL TO THE ADDRESS BELOW OR FAXED TO THE TELEPHONE NUMBER BELOW AND MUST BE IDENTIFIED AS LISTED BELOW: 20.2.1 Hand Delivery must be submitted to the Purchasing Division 20.2.2 Email questions to: FMSPurchasinclResponses( fortworthtexasgov ITB 20-0011 Closed Circuit Television Inspection Services Page 16 of 48 Please include the bid number, name of the bid and (name of buyer) 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. 20.2.3 Facsimile: (817) 392-8440, Attention: Steve Rathers and Bid NO 20-0011. 22.0 RIGHT TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 22.1 If the Federal award meets the definition of"funding eCFR—Code of Federal Regulations agreement' under 37 CFR§401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 23.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 24.0 DEBARMENT AND SUSPENSION 24.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. ITB 20-0011 Closed Circuit Television Inspection Services Page 17 of 48 PART-4 CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DEFINITION_OF BUYER 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 DEEINIIION OF SELLER The consultant, Vendor(s), supplier, Vendor(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 PUBLIC INFORM. TIQN 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(c) (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 "AG") regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 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 render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 ORDERS 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 part 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 TO PACKAGE GOODS Seller 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) 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 ITB 20-0011 Closed Circuit Television Inspection Services Page 18 of 48 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 SHIRM NT UNDFR RESERVATION PRnHtRiTFn 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 MILE AN RISK OF OSS 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 DELIVERY TERMS AND TRANSPORTATION 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 lower, 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. 10.0 PLACE OF DELIVERY 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 RIGHT OF INSPECTION 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 atfached to the invoice. Seller shall mail or deliver 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 WARRANTY 13.1 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 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 ITB 20-0011 Closed Circuit Television Inspection Services Page 19 of 48 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 or contingent fee, or otherwise to recover the full amount thereof. 14.0 PROD 1CT WARRANTY 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 SAFETY WARRANTY 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 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 16.0 SOFTWARE LICENSE TO SELLER 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 WARRANTY AGAINST IN RING MFNT OE-INTELLECTUAL pgopEgiy 17.1 The SELLER warrants that all Deliverables, 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 "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 17.2 SELLER shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade 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 ITB 20-0011 Closed Circuit Television Inspection Services Page 20 of 48 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 them/it 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 none 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 OWNERSHIP OF WORK PRODUCT 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 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 NETWORK ACCESS 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. w e ' r ITB 20-0011 Closed Circuit Television Inspection Services Page 21 of 48 20.0 CANL;EILI_ATION 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 cancellation is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity. 21.0 TERMINATION 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 ASSIGNMENT DELEGATION 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, Seller 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 limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer 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. 210 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 MODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 25.0 THE AGREEMENT 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 term 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. ITB 20-0011 Closed Circuit Television Inspection Services Page 22 of 48 26.0 APPLICABLE I AW^/f UNUE 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 INDEPENDENT CONTRACTORISI 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 respondent superior shall not 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 LIA -I_TY AND IN- -MNI ICATION 28.1 LIABILITY.-_ 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 EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 28.2 INDEMNIFICATION -SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS 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 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 SEVER BI ITY - 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 unenforceability 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 FUN lNG LIM TA ION 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 NOTICES 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 ITB 20-0011 Closed Circuit Television Inspection Services t Page 23 of 48 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 Worth, Texas 76102. Notices to Seller 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 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 NON-DI:SCRIMINATION 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 Seller, its employees, officers, agents, Contractor(s)or subvendors herein. 33.0 IMMIGRATION NATIONALITY NAIIONALIIY ACT 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 (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all 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 HEALTH SAFETY,AND ENvJgQN ENJA R UIREM NTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, 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 RIGHT TO AUDIT 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 In accordance with the provisions of the 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 ITB 20-0011 Closed Circuit Television Inspection Services Page 24 of 48 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 DISPUTE R ..SO_ 1TION 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 after 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 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 Rules 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 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL 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. i ITB 20-0011 Closed Circuit Television Inspection Services Page 25 of 48 PART—5 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 person'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 http-.//wwhics.state.tx.us/forms/CIQ. df.p 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 N/A in each of the areas on the form. However, a signature is required in the#4 box in all cases. ITB 20-0011 Closed Circuit Television Inspection Services Page 26 of 48 ATTACHMENT F DETAILED SCOPE OF SERVICES CLOSED CIRCUIT TELEVISION INSPECTIONS 1.0 SCOPE OF SERVICES The City of Fort Worth(City)seeks bids to establish an Annual Agreement for closed circuit television inspection services"on an as needed basis"for the Transportation&Public Works Department per attached scope of services. Vendor(s)shall provide inspections services. These services will include,but not limited to, cleaning pipelines, inspect pipelines and manholes, and provide a Closed Circuit Television Inspection in digital formation"on an as needed basis". Vendor(s)shall furnish all labor,materials and equipment necessary for consistency of storm drain/sewer inspection. 1.1 Administrative Requirements The administrative requirements for storm drain lines must meet the standards of City of Fort Worth Transportation&Public Works Department staff for confirmation that the appropriate equipment, software,standard templates,defect codes and defect rankings are being used. Please see City of Fort Worth website for Standard Construction Specification Documents below: https://pro:ectpoint.buzzsaw.com/ bz web/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications/Div%2033- Util ities/Download.dwn?Siteld=51500&Resourceld=23183 67&Mode=direct&SiteName =fortworthgov&OriginalPath=Resources%2F02+- +C onstructi on+Documents%2F S pec i fi cati ons%2FDiv+3 3- Utilities%2F33+01+31_Closed+Circuit+Television+(CCTV)+Ins'pection.pdf%3Fpublic I I 1.2 Quality Assurance The City recommends that all Closed Circuit Television work be reviewed by a properly trained individual not involved in the initial data collection effort prior to submission.The schedule for Preliminary and Post Closed Circuit Television shall be included as part of the Construction Progress Schedule. The time for City Review shall be three(3)weeks minimum as notification will be sent out to Project Manager& Field Operation. Prior to acceptance and payment,all Closed Circuit Television work must be reviewed by a properly trained City representative. If work is acceptable, a notice to proceed will be given. If work is rejected,the vendors)shall coordinate with City staff. Video Footage 'will be review ed to verify fy acceptable defect coding prior to p g p acceptance and payment. 1.3 General Inspection for Storm Drain 1.3.1 Closed Circuit Television inspections are to be conducted by pipe'route.The inspection route through pipes of interest and bounded by upstream and downstream access points.Access points include but are not limited to manholes, inlets,and outfalls. 1.3.2 For each route,the vendor shall provide a unique inspection video, rep lots, and photos in a compatible database that follows the National Association of Software and Service Companies' Pipeline Assessment and Certification ITB 20-0011 Closed Circuit Television Inspection Services Page 33 of 48 Program(NASSCO PACP)Inspection and defect coding standardls. During the inspection,the video shall show the following text at all times: • Line Number Description • Line 1: City and Street • Line 2: Pipe Size • Line 3: Inspection Time/Date/Running Total 1.3.3 If cleaning is required, begin inspection immediately after cleaning of the main. Moving camera through the line in either direction at a moderate rate,stopping when necessary to permit proper documentation of the main's condition. Documentation of Storm Drain Closed Circuit Television Inspection shall be provided documentation for video,data logging, and reporting in accordance with City of Fort-Worth Transportation&Public Works Department requirements on the city of Fort Worth Website found under the City's Standard Construction Specification Documents stated in section 1.1 under administrative requirements. 1.3.4 Closed Circuit Television Camera Camera should not move more than 30 feet per minute.Usage of TV Cables, manual winches, and power rewinds are allowed as long as it does not obstruct camera view for proper evaluation. With proper height adjustment, lens are always centered at one-half the inside diameter or higher in the pipe being inspected.A Light system shall be provided that allows the features and condition of the pipe to be seen.A reflector in front of the camera is required to enhance lighting in dark or large diameter pipe. The television camera used shall be one specifically designed and constructed for pipe inspection.Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the 1 pipe.The camera shall be operative in 100 percent humidity/submerged conditions. The equipment will provide a view of the pipe ahead of the equipment and of features to the side of the equipment through turning and rotation of the lens.The camera shall be capable of tilting at right angles along the axis of the pipe while panning the camera lens through a full circle about the k circumference of the pipe.The lights on the camera shall also be capable of panning 90-degrees to the axis of the pipe. The radial view camera must be solid state color and have remote control of the rotational lens. The camera shall be capable of viewing the complete circumference of the pipe and manhole structure, including the cone-section or corbel. The camera lens shall be an auto-iris type with remote controlled manual override. 1.3.5 Video Capture System The video and audio recordings of the storm inspections shall be made using digital video equipment.A video enhancer may be used in conjunction with, but not in lieu of,the required equipment. The digital recording equipment shall capture sewer inspection on USB drive,with each pipe route(from upstream node to downstream node)inspection recorded as an individual file in MPEG4 Audio/Video(.mp4)format.The system shall be capable of printing pipeline inspection reports with captured images of defects or other related significant visual information on a standard color printer.The system shall store digitized i ITB 20-0011 Closed Circuit Television Inspection Services Page 34 of 48 it 1, v �! color picture images and be saved in digital format. The system shall be able to produce data reports to include,at a minimum,all observation points and pertinent data.All data reports shall match the defect severity codes outlined in the current NA$SCO PACP standard. Camera footage, date,Pipe Route ID,&manhole/node numbers shall be maintained in real time and shall be displayed on the video monitor as well as the video.character generators illuminated footage display at the control console. ;I 1.4 Preparation E 1.4.1 Prior to inspection, vendor(s) must obtain pipe and manhole asset identification E, numbers from the field maps or plans as instructed by the City to be used during inspections. Inspections performed using identification number other than those specified by the City field maps or those assigned by the City will be rejected. 1.4.2 During Investigation, stopping the camera at each defect shall record the nature, location and orientation of the defect or infiltrated location.The accurate distance measurement is needed to be nearest the measurement 1/10 foot. Please use NASSCO's Pipeline Assessment Certification Program (PACP) certified to track and store inspection results. 1.4.3 If cleaning is required, inspection shall not commerce until the storm drain section has been televised completely cleaned.Inspection of newly installed storm drains shall not begin prior to completion of all manholes work is complete and installation of all lateral lines. i i 1.4.4 Panning and tilting the camera to provide additional detail can be for manholes, service connections,joints,visible pipe defects, infiltration/inflow locations, pipe material transitions and other non-normal locations.Note locations when the camera is underwater and level as a percent of pipe diameter. i 1.5 Pre-Closed Circuit Television Inspection 1.5.1 Measurement for the inspection will be by the linear foot of line.The Closed i Circuit Television Inspection performed prior to any line modification or replacement will be determined from the distance recorded on the video log. 1.5.2 Payment shall consist of the work performed with materials measured as provided under measurement. "Measurement"shall be paid for at the unit price bid per linear foot for"Pre-Closed Circuit Television Inspection".,Vendor(s) shall not be paid for unaccepted video. The vendor price bided shall include Mobilization,Cleaning and Digital File. 1.6 Pre-Closed Circuit Television Inspection submittal of work 1.6.1 Pre-Closed Circuit Television Inspection submittals shall contain Closed Circuit ?' Inspection video, including audio,results on a USB drive with an inspection report.There shall be 2 hard copies and 1 PDF copy on a USB drive.Any additional information may be requested by the City of Fort Worth(see below): • Listing of cleaning equipment-and procedures • Listing of flow diversion procedures if required I • Listing of Closed Circuit Television equipment • Listing of backup and standby equipment • Listing of safety precautions and traffic control measures � E ITB 20-0011 Closed Circuit Television Inspection Services Page 35 of 48 k ! u 1.7 Pre-Installation Inspection for Storm Drain Mains to be rehabilitated if 1.7.1 , Perform Pre-Closed Circuit Television Inspection immediately after cleaning of the main and before rehabilitation work. If,during inspection,the Closed Circuit Television will not pass through the entire section of main due to blockage or pipe defect,perform a Reverse Setup so the inspection can be performed from the opposite access point. Provisions for repairing or replacing the impassable location are addressed'in Section 33 41 10, Section 33 41 11 and Section 33 41 12.Please see section 1.1 administrative requirements for City of Fort Worth i. website reference on sections stated above. 1.8 Post-Closed Circuit Television Inspection 1.8.1 Measurement for the inspection will be by the linear foot of line. The Closed Circuit Television Inspection perforted following repair or installation will be determined from the distance recorded on the video log. 1.8.2 Payment shall consist of the work performed with materials measured as provided under measurement. "Measurement"shall be paid for at the unit price bid per linear foot for Post-Closed Circuit Television Inspection".Vendor(s)shall not be paid for unaccepted video. The vendor price bided shall include Mobilization, l Cleaning and Digital File. 1.9 Post Closed Circuit Television Submittal of Work 1.9.1 Post-Closed Circuit Television Inspection submittals are for Storm Drain Only. Submittals shall contain Closed Circuit Television video that contains audio with results on a USB drive with an inspection report.There shall be 2 hard copies-1 pdfcopy on a USB for the City Inspector for review prior to scheduling a project final walkthrough. A detailed copy of Construction Plans identifying the pipe ? routes that were videoed shall be include cover sheet,overall line layout sheet(s), and plan and profile sheet(s). . Observations Attribute Description POSITION Linear distance from starting point of inspection that observation was made. CODE Code used to describe observation. OBSERVATION Description of the observation. COUNTER Digital time to show where observation was made within video. PHOTO Link to snap shot photo of observation. GRADE Score assigned to particular observation. ID assigned to route following the naming convention of street ROUTE ID name followed by point of entry followed by pipe id(first pipe entered)and then date(YYYYMMDD)(Example Rosedale MHO09i87 P1004567 20120427). OBS_TYPE Describes if observation is structural or operations/maintenance. PERCENT_BLOCKED If observation is blockage,notes the percent of pipe blocked. CLOCK FROM Description of location of starting point of.observation as pertains to a standard clock(ex.9 o'clock would be mid pipe on the left). CLOCK TO Description of location of ending point of observation as pertains to a standard clock(ex. 3 o'clock would be mid pipe on the right). g. ITB 20-0011 Closed Circuit Television Inspection Services Page 36 of 48 'u 4 Ii,l Routes Attribute Description ` MATERIAL Material of first pipe entered during inspection. CAMERA 1 Link to pole mounted camera video file. File should meet standards listed above. CCTV-1 Link to CCTV video file. File should meet standards listed above. DATE INSPECTED Date the inspection was conducted. CCTV LENGTH Total linear distance of the CCTV inspection. FROM NODE Unique ID of node where inspection began. TO NODE Unique ID of node where inspection ended. PIPE_ID Unique ID of first pipe entered during inspection. STREET Street name associated with inspection. ID assigned to route following the naming convention of street ROUTE_ID(String, Name followed by point of entry followed by pipe id(first pipe 200) entered) and then date(YYYYMMDD)(Example- Rosedale_MH009887 PI004567_20120427). CCTV DIRECTION Notes if the inspection was conducted upstream or downstream from the node. _ SPR Structural pipe rating based on observations made during the inspection. SPRI Index of structural pipe rating. Scale of 0-5 with 5 being extremely poor. MPR Operational and maintenance pipe rating based on observations made during the inspection. MPRI Index of operational and maintenance pipe rating. Scale of 0-5 with 5 being extremely poor. OPR Overall pipe rating based on observations made during the I inspection. OPRI Index of overall pipe rating. Scale of 0-5 with 5 being extremely poor. PIPE_WIDTH The width in inches of the first pipe entered during the inspection. PIPE_HEIGHT The height in inches of the first pipe entered during the inspection. 1.10 Post-Installation Inspection 10.1 Complete manhole installation before inspection begins.Prior to inserting the camera flush and cl ean the main in accordance'to Section 33 32 04 50.Please refer to the City of Fort Worth Standard Construction Specification Documents. Please see City of Fort Worth website stated in administrative regijirements section 1.1 for more information. ITB 20-0011 Closed Circuit Television Inspection Services Page 37 of 48 ; r 1.11 Traffic Control Plan(Please see line 4 in section titled Bid Offer) This is a pay item. The Vendor shall be responsible for providing traffic control during the services rendered within this Agreement consistent with the provisions set forth in the latest edition of The Texas Manual on Uniform Traffic Control Devices for Streets and Highways(Texas MUTCD), issued under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways"%codified as Article 6701 d Vernon's Civil Statues, Section Nos. 27,29, 30 and 31. Vendor shall be reimbursed for Traffic Control costs. 1.12 Condition•Assessment Closed Circuit Television Inspection 12.1 Measurement for this Item will be by the linear foot of line televised for Closed Circuit Television Inspection performed in order to assess the condition of the storm drain, determined from the distance recorded on the video log. !; 4` 12.2 Payment shall consist of the work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"shall be paid for at the unit price bid per linear foot for"Condition Assessment i Closed Circuit Television In'spectibn". Vendor(s)shall not be paid for unaccepted video.The vendor price bided shall include mobilization and digital file. The price shall not include cleaning or by-pass pumping, if required. These items shall be paid under separate bid items. 1.13 Delivery requirements Deliver the inspection data for each pipe route on the same USB drive. Data for a single route should not be spilt across multiple USB drives.All submittals shall'be approved by the designated City representative prior to delivery. Data must be provide video data in MPEG4 Audio/Video(MP4 with H.264 codec)format within 24 hours via email or delivery. Inspection Report shall include: ■ Observations data-2 hard copies; 1 digital copy as pdf and named as documented (Ex. Rosedale_MH009887_PI004567_20120427.pdf). Photographs of observations in jpg format and named using the inspection ID as documented followed by the distance along inspection the photo was taken (Ex.Rosedale—MH009887 PI004567-20120427-370.5 jpg). ■ Route fields-video and inspection report shall be associated with the upstream and downstream access points(manholes, inlets,etc.). CLOSED CIRCUIT TELEVISION video with audio— 1 copy of results in MPEG4 Audio/Video (MP4 with H.264 codec)forma and named as documented (Ex.Rosedale—MH009887 PI004567-20120427.mp4). The vendor(s)shall utilize the latest NASSCO PACP codes available at the time of the Contract notice to proceed.Prior to commencing work,the NASSCO PACP codes to be utilized shall be submitted.All work on the contract shall follow the same codes of NASSCO PACP. Inspection Software must be NASSCO PACP certified and proof of certification of software shall be.submitted prior to commencing the work. Contractor shall be current on NASSCO training. Submit proof of NASSCO training with bid submittal.Any variation from the requirements shall be subject to approval by the Project Manager. ITB 20-0011 Closed Circuit Television Inspection Services Page 38 of 48 (E �,p ATTACHMENT B CONTRACTOR'S RESPONSE TO ITB (Inserted behind this page) �I a i 20-0011 CCTV Page s of 10 Contractor Services Agreement i ATTACHMENT B CITY OF FORT WORTH BID OFFER Event ID ------......_.. ........ _cewol-zo-ooll Page Invited: PUBLIC EVENT DETAILS Event Round Version _. -"� Submit To: City of Fort Worth 1._. 2- — PURCHASING DIVISION Event Name -` `� """"��`"��- 20-0011_ ITB Closed Circuit Ty Inspection Services LOWER LEVEL CITY HALL Start Time - 200 TEXAS ST. Finish Time Fort Worth TX 76102 ---- — - -- United States 12 29/2019 11:00:00 CST 01/16/2020 13,:30:00 CST_ Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth(City)seeks bids to establish an Annual Agreement for closed circuit television inspection services on an"as needed basis"for the Transportation&Public Works Department in accordance with the descriptions and specifications listed in this sollctation.This Agreement shall begin on the date stated on the contract(Effective Date)and shall expire on upcoming September 30th,2020(Expiration Date), unless terminated earlier in accordance with this Agreement(Initial Term).Upon the expiration of the initial term,the Agreement shall renew under the same terms and conditions for up to four(4)one-year renewal terms (October 1 to September 30), unless City or Vendor provides the other part 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, materials,freight and/or fuel charges.No additional charges will be accepted or paid by the City. Terms & Conditions i A pre-bid conference will be held at 9:OOAM,Monday, December 30,2019,In the Planning and Development Conference Room 1201,Lower Level,City Hall,200 Texas Street,Fort Worth,Texas,76102.FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT POTENTIAL VENDORS ABILITY TO SUBMIT FULLY INFORMED AND COMPETITIVE BID RESPONSE.ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. Bids are 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 PM.,January 16, 2020,and then publicly opened and read at 2:00 PM.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 RECIEVED BY THE PURCHASING OFFICE AND 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 of Fort Worth,Purchasing Division, Lower Level,City Hall,200 Texas Street,Fort Worth,Texas 76102 Bids delivered by special courier(i.e.Federal Express, Special Delivery etc.)are to be marked on the outside of the courier's shipping envelope"BID No.20-0011, ITB- Closed Circuit Television Inspection Services"AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids 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 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. DOCUMENT NAME-LOCATION Bid Offer Sheet**-Cover Page of Final Bid Document and attached as a separate document Instruction to Bidders-Part 2 of Final Bid Document V1 Scope of Services-Part 3 of Final Bid Document V1 Standard Purchasing Terms and Conditions-Part 4 of Final Bid Document V1 Conflict of Interest Disclosure Requirement**Attachment A**-Part 5 of Final Bid Document V1 Vendor Contact Information-**Attachment B**-Part 5 of Final Bid Document V1 Consideration of Location of Bidder's Principal Place of Business(if applicable)-**Attachment C**-Part 5 of Final Bid Document V1 How to Register with the City of the Fort Worth-Attachment D-Part 5 of Final Bid Document V1 No Bid Sheet-Attachment E-Part 5 of Final Bid Document V1 Additional Detailed Scope of Services/Specifications-**Attachment F**-Part 5 of Final Bid Document V1 Sample Agreement-Attachment G-Part 5 of Final Bid Document V1 **Required to be completed and submitted.See Section 19.0,Part 3 for all required document submission*** Documents are hereby incorporated into this Solicitation by reference,with the same force and effect as if they were incorporated in full text. i. "'ARlrWO1t1e,►, CITY OF FORT WORTH BID OFFER i Page Invited: PUBLIC EVENT DETAILS _C F i101-2 0 001_1...,... 2 Event Round Version Submit To: City of Fort Worth m _....... ................... .� PURCHASING DIVISION �__ -- Event Name LOWER LEVEL CITY HALL 20-0011 ITB Closed Circuit TV Inspection Services 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 12/29/2019___ll:_00_:00_.,CST 01/16[2020 13:30,:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned,by his/her signature,represents that he/she is submitting a binding and is authorized toj bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agree to be bound by the terms therein. Company Legal Name: Trinity Star Enterprises, Inc Company Address: PO BOX 172015 City,Sate&zip code: Arlington, TX 76003-2015 Peoplesoft Supplier No. 0000024629 Federal ID Number(TIN): 75-2772516 Printed Name of Officer or Authorized Representative: Thomas E Lewis Title: President Signature of Officer or Authorized Representative: �- Date: 01/13/2020 Email Address: tom@tristarpipeinspection.com Phone Number: 817.319.7793 �I " I i a i i a - t FORTWORTH CITY or rORT WORTH BID orrER Event ID � — �_......_.. —.._.........Page Invited: PUBLIC EVENT DETAILS cewol-20-oo_i1 3 Event Round Version Submit To: City of Fort Worth F PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL 20-0011,ITB,Cipsed_Circuit-_TV Inspection Services 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 -_12/2 z, 019..11:00 00 CST -_ -_O1/16/2020 13;30;00 CST_ ___ United States Email: FMSPurchasingResponses@fortworthtexas.gov Lire Detail-, Line: 2 DesGnptionn; _ Ot Unit___ UnitPrice Total Provide a base fee dollar amount for 9000 00 FT television inspection of storm sewer pipe 27" ---- to 60"pipe, 0 to 500 Feet in Length _ 1�0,0.• 9000.00 Line: 3 Description; QtyL___„ Unit UnitPnce ' Total Provide a base fee dollar amount for the 9000.00 FT ----------_ television inspection of storm sewer pipe 15" to 24"pipe over 500 FT in Length per linear 1.00 9000.001 Line: 4 Description: Qty, Unit UnitPrice" Total Provide a base fee dollar amount for the 9000.00 FT t television inspection of storm sewer pipe 27" '0 to 60"pipe over 500 FT in Length per linear 9000.001 ..............__........_....,.........._........3 Line: 5 Desrrinti UnitPrlce Total Traffic Control Plan(if required)City of 14.00 EA " ...."•• Fort Worth shall reimburse costs. -._...._._.._ - I 800.00 11200.00 Line: 6 Description: Qty Unit UnitPnce Provide a base fee dollar amount for 9000,00 FT ""`" - Total television inspection of storm sewer pipe 15" to 24"pipe,0 to 500 FT in Length i 1.001 9000.001 " Total Bid Amount: 47200.00 t r i i t` I i II i FORT WORTH,11', ADDENDUM TO ITB NO. 20-0011 Closed Circuit Television Inspection Services CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: January 10,2020 INVITATION TO BID(ITB):20-0011 BID SUBMISSION DATE: January 16, 2020 1:30 PM (LOCAL TIME) ITB No. 20-0011, issued December 24. 2019, is hereby amended as follows: 1. Questions and Answer from Pre-Bld Conference is placed on page 2. 2. Attachment F, Section 1.3.3, shall be amended to read, "Cleaning the pipes will not be required by the Contractor." Moving the camera through the line in either direction shall be at a moderate rate while stopping at the necessary permit for proper documentation on main's pipe condition. Documentation of Storm Drain Closed Circuit Television Inspection shall be provided documentation for video, data logging, and reporting in accordance with the City of Fort Worth Transportation & Public Works Department requirements on the City of Fort Worth website found on the City's Standard Construction Specification Documents stated in Section 1.1, Administrative Requirements, and Page 33. 3. Attachment F, Section 1.3.2, General Inspection for Storm Drain, Page 33-34, shall be amended to read, "For each route,the Contractor shall provide a unique inspection video, replots, and photos in a compatible database that follows NASSSO PACP inspection and defect standards." During the inspection, the video shall show the format and content. Please see Attachment H for submission example: Project Name and Information Page, Inspection Report, Manhole(MH#1)access point to Manhole(MH#2)access point, Measure the distance, PACP NASSCO Assessment Code, Grade at the location of failure:structure, Grade at the location of failure:maintenance, Photos of the location of failure large format, CCTV video format must be in standard MP4.1-1264 Codec without requirement for format conversion in IT pipes. If there is a blockage then a reversal CCTV is required. 4. Attachment H, Example of Submission has been added 5. All other terms and conditions remain unchanged. Steven Rathers Buyer ® � � — o By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANYNAME: Trinit Star Enter nsRs, Inc. SIGNATURE; NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. ITB 20-0011 Addendum No.1 Closed Circuit Television Inspection Services Page 1 of 20 r _ f WN Nix Eok i xk�8r-y,k ti N N N JC T r p r r } z + Y.. LU ^` POW how o [ a J W K r MUM +'�a a N,�^': :.T^'T'.mh:+;w_i+��kM•''A�'" ?nS"X:� �+ 2.ya,a. «�•a'k�j«st§a�,vaus»�w'.�....r7: kuse.�TM;:q;.sye"�.�ad�3. �D."4n�'.9+.'.,�#'.s?N,a. :�. ��Ym.499?m?k?f�FY„'++w,a'. .M"�'°Rc*.+�+.F.a..r.# +6iw.�:FM,Yq�iq+VNn�ss'`Ynt'�.'.a.1v..'u'pn':_. "' CERTIFIED PACP/LACP&MACP USER National Association of Sewer Service Companies Darren Cowling NASSCO,Inc. "�e > . Is certified in: E` ■ Pipeline Assessment ■ Lateral Assessment m ■ Manhole Assessment Certification number: U_1117-07009991 " Expiration date: 11/13/2020 ' r � I IvCONFLICT OF IHTr_-nEST n.U TIONIINAHR FOR � I For vaandor doing husinsto vittifh it vl ocsvornmartmi e arny 1 3 � i flat a s ruhrflasrurtatra�t e a a; :a tab in Iles IQ'a felt tt,ltt, 23, tl ah Uj'l.ruffinpa, saarab& OFFICF 06V ONLY 1#iks quasffmrtnaire is l3airq f d in rordPjV.*w ft Chapter 178,Local Qwiam anj Gorfe, by a vondor whoa has to humnaaa tat aliiart hip as dainsad by Sact#on 178,C1ty 1(1-€i)with a local governments)amity land tm vt doir MnLws rortuifame 3to under semi w1'76,t1 )(e}. By l th6 riUda"Orl"M trots t W fflts tivtftt that MAA—Mld adniiniatrator of tits loco:(gomwim r<aol Wily not hater than the 7th bm4isu day rafter via rltate Ilia vendor bacramas emote ref tact (list require the staterriGnt to bro ftf-art. u: rtirsri 17 .t {at-1},f csr f+ nv t�iaxait Ccrrfa. A vemior commits all offen-ao if Hite veli ar knowingly violates F lion 17G. OX Local GoVemniant Code-An rifferise ta linj thi:3 ser fine is a rnisdarria€anor. J Nome of vendorwho her s bias ndadonship with lacal pwarnmartW entity.. Trinity Star Enterprises, Inc. DBA Tri-Star Pipe Inspection a"haac:t~<ttH�ttr It tf aii3��'s(ildri aft to t�i�itia t�� tilvi:l?ttali tilret z rits5ttirttiatir�,��µy.. ' (Thor fwv requires that you file an uyAMad rornpl�ted W astitiadrsaire with the wvroprialsa filing authority rust later than the 71h bushass day after the dates on wNch you bmarno avvP wo tlut tut orifoaWly filaad qu8,,tkgu1Dkewas Incomplete or inrim ta.) Flarite of lor:€al government Officer eotrtWhom the+information in olils Section is bollu ittscicsart. NONE ...._ We__. ...... _._....._._ m_ ..... ._.. Name of Officer j This section (item 3 mckrdinq subparts A, A, C. & D) must be cximpleled lot each office(with whom the vendor has an i employment or other business relationship as defined by Section_170.001(1-a), Local Government Code. Attach additionw j pages to this Form CU as necessary i A is f#sal local 0ovofrsrt4rnt offkarr a&nsd in this section recaiviN Of Wely to rW.6iV&twrabta in000);t,alfwr than invarlAr alit 3 irx on-w. horn the ver or? i Yea No ! A. Is the vendor receiving or Wisely to receive taxable income,other than inves ment itxaane,from or at the direction of Use local government officer named in dus section AND the taxable income is not received Worn Uue local govemmental entity? Youxx No i C'. Is the fuser of this (ViasAlomulka ampfriyerl by at Corporation car 06vor ba.4nar2a Maf.ly with reslIA to w#vtrh the loos( Oovornmant offkt or asarvee av an nowee ear at7 A01, or hr hie an owner6h Wi'a-bei of ams p rca nt or(nora7 YGG xX No D, Dtiscribe each earsptaiyrttuA her fttarkw"tell( family relationship with the#sett( verrsrnent officer named in W"section. s 't r 1/14/2020 Sigihature of verukm ikgq rxaw",,;wp4lh tits goverrmierttal unigy Adapted W1201 fi ITB 20-0011 Closed Circuit Television Inspection Services Page 27 of 48 ATTACHMENT-B VENDOR CONTACT INFORMATION Vendor's Name: Trinity Star Enterprises, Inc. DBA Tri-Star Pipe Inspection Vendor's Local Address: 7501 US Hwy 287 N, PO Box 172015, Arlington, TX 76003 Phone: 817.319.7793 Fax: 817.563.6200 Email: torn @tristarpi einspection.com Name of person assigned specifically for this Agreement: Narnelritle Thomas E Lewis-President Phone: 817.319.7793 Fax: 817.563.6200 Email: tom ,tristarpipeinspection.com Name of persons for renewal information and/or billing questions: Name/Title Thomas E Lewis - President Phone: 817.319.7793 Fax: 817.563.6200 ' Email: tom@tristarpipeinspection.com f Namerritle Phone: Fax: Email: II Thomas E Lewis 1/14/2020 Signature Printed Name Date ITB 20-0011 Closed Circuit Television Inspection Services Page 28 of 48 ATTACHMENT-C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL 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 Worth 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 municipality 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 Worth 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: NO ~ 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 50%] 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? b. Amount of City of Fort Worth ad valorem taxes (real and business personal property)paid by company(for prior tax year--Fort Worth office or former location, if Fort Worth office is newly- established)? 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. Trinity Star Enterprises, Inc. DBA Tri-Star Pipe Inspection 1/14/2020 (Company Name) (Date) Thomas E Lewis-President (Signature) (Printed Name and Title) ITB 20-0011 Closed Circuit Television Inspection Services Page 29 of 48 ri . ° Y114114 SlflF C 11, OPIJ P. O. Box 172015 s Arlington, Texas 76003-2015 Metro (817) 319-7793®fax (817) 563-6200 EXPERIENCE Tri-Star Pipe Inspection is owned and operated by Tom Lewis. Tom has been in the pipe inspection business for 21 years and has been performing mainline inspections for 14 years. Tom will be the contact person on this project and will be the one of the people performing the inspections. Darren Cowling has been employed at Tri-Star for 14 years and has experience in performing all inspections. Both Tom and Darren are PACP Certified. Past projects have included inspections for the cities of Terrell, TX; Keller,Tx; Copperas Cove, TX; Crossett, AR; Palestine, TX; Sulphur Springs, TX; and Fort Worth, TX. We have provided services for the Johnson County Special Utility District. We currently have the contract with the City of Fort Worth Transportation and Public Works Department to inspect their storm drains for the eleventh straight year. We have recently completed the inspection of over 275,000 linear feet of storm drains for TX DOT on the Interstate 635 project. We have also worked on projects for NTTA and other road construction projects. In addition, we inspect and test new lines for acceptance for a number of utility contractors in the Dallas/Fort Worth area including Conatser Construction in a number of new Fort Worth subdivisions. We have also performed many of the inspections for S. J. Louis including the Trinity Falls Offsite project in McKinney in 2013, the Crowley Relief Sewer in 2019 and the Sanitary Sewer M-253 Project on Randol Mill Road, along with numerous other projects in construction and replacement of large size sewer mains. www.tristarpipeihspection.com y 9 Leif , 3 1hd P. ©. Pox 172015 Arlington, Texas 76003-2015 Metro (817) 319-7793+Fax (817) 563-6200 RESUME TOM LEWIS - PRESIDENT 1974-1977 Retail Manager — Walgreen ®rug 1977-1991 Retail Manager — Skaggs Alpha Beta 1992-1998 Retail Manager — Minyard Food 1998 — Present Owner/President Tri-Star Pipe Inspection Perform pipe inspections of underground sanitary sewer and storm sewer lines 2"- 120" diameter. Locate lines with accuracy to 40 feet deep. Wydrojet lines up to 30" diameter. Locate private utilities. Perform acceptance testing of sanitary sewer mains and manholes. www.tristarpipeinspoction.com ATTACHMENT C VERIFICATION OF SIGNATURE AUTHORITY (.Executed copy attached behind this page) I� II 20-0011 CCTV - Page 10 of 10 i Contractor Services Agreement c I i II I ATTACHMENT C VERIFICATION OF SIGNATURE AUTHORITY E Contractor: TRINITY STAR ENTERPRISES INC Address: P O BOX 172015 &� City, state,zip: ARLINGTON,TEXAS 76003-2015 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (10) business 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 Contractor. 1. Name: 'tW� Position: Signature l 2. Name: Position: Signature 3. Name: Position: Signature Name: /t- Signature resident CEO Other Title: Date: 20-0011 CCTV Page 1 of 1 Contractor Services Agreement