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HomeMy WebLinkAboutContract 53859 CSC No.53859 G� ds��P CONTRACTOR SERVICES AGREEMENT FLOOD WARNING MISC UTILITY WORK ITB No. 19-0053 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 Bean Electrical,Inc. ("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 following: 1. Attachment A—The City's Invitation to Bid("ITB"), excluding Part V, Attachments E and F thereto; 2. Attachment B—Contractor's Response to ITB; 3. Attachment C—Verification of Signature Authority Form(ITB Part V,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 terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES Contractor hereby agrees to provide Flood Warning-Miscellaneous Utility Services for the City of Fort 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 Date") and shall expire one year from the Effective Date ("Expiration Date"). An Agreement Term may be deemed completed upon the expiration of the funds if prior to the Expiration Date. The City shall have the sole option to renew the Agreement, with Contractor's concurrence, under the same terms and conditions for up to four(4)terms("Renewal Period").Each renewal period is subject to funding availability. City will provide Contractor with notice of intent to renew at least 60 days before the Expiration Date of the Agreement or any Renewal Period. In no way shall the contract's time exceed 7 years from the Effective Date. 3. COMPENSATION City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B. The annual contract amount under this Agreement, per term, shall be the amount up to $134,825.00 ("Contract Amount"). The Contract Amount shall not change in any subsequent renewal period, except as provided in the ITB. 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. ITB No. 19-0053 Flood Warning Misc Work Page 1 of 10 Contractor Services Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX 4. TERMINATION/CANCELLATION Termination: The City reserves the right to terminate this agreement, or any part hereof, with or without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor shall be paid a percentage of the agreement price reflecting the percentage of 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 work should there be a change in the need for the product or services as determined by the Department Head or his/her Assistant City Manager. Non-Appropriation of Funds: In the event no funds or insufficient funds 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 funds 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 full 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 full 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 fully cooperate with City to protect such City Information from further unauthorized disclosure. ITB No. 19-0053 Flood Warning Misc Work Page 2 of 10 Contractor Services Agreement 6. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor. Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, 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 ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 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 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. ITB No. 19-0053 Flood Warning Misc Work Page 3 of 10 Contractor Services Agreement 10. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS 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 and correct the violation. 11. NON-DISCRIMINATION COVENANT 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: Bean Electrical,Inc. Attn: Ranjan S. Muttiah, Sr. PE 821 E.Enon 200 Texas Street Everman, TX 76140 Fort Worth,TX 76102-6314 Email: Ranjan.muttiah@fortworthtexas.gov Phone: 817-561-7400 Phone: 817-392-7919 Facsimile: 817-561-7403 Facsimile: (817)392-8654 Email: cbean@beanelectrical.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 shall not apply to an employee of either party who independently responds to a general solicitation of advertisement of employment by either party. ITB No. 19-0053 Flood Warning Misc Work Page 4 of 10 Contractor Services Agreement 14. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 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 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 in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, acts of the 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. 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 Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. Contractor warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract. Additional specific warranty provision are found in ITB,Part III, Section 9. ITB No. 19-0053 Flood Warning Misc Work Page 5 of 10 Contractor Services Agreement City shall give written notice of a breach of any warranty within thirty (30) days from the date that the cause for same is discovered. 22. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, Contractor: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 23. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 24. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 25. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had an opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or its attachments. 26. COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 27. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Contractor whose name,title and ITB No. 19-0053 Flood Warning Misc Work Page 6 of 10 Contractor Services Agreement signature is affixed on the Verification of Signature Authority Form, which is attached hereto as 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 Burghd off l r28,20 rf By: /W 'Faa 1/ Name: Dana Burghdoff Nfne: Roy Bean Title: Assistant City Manager Title: President Date: AP r 28,2020 Date: APPROVAL RECOMMENDED: A I By: Wil"rg Jolnson(Apr28,2020) Name: William Johnson,Director Title: Transportation and Puh Department �� t ATTEST: By: ry0 (l t3 Name: Mary J.Kayser Title: City Secretary APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: SQP.,,, :e„ By signing I acknowledge that I am the person By: Mack(Apr 27,2020) responsible for the monitoring and Name: Douglas W Black administration of this contract, including Title: Sr.Assistant City Attorney ensuring all performance and reporting CONTRACT AUTHORISATION: requirements. M&C: LOG 13P-19-0053 aO-OoUpy- Date: 5/5/2020,Agenda Ready 1295# a0ab-584(o1g S. ORDINANCE: 24161-04-2020 By: Name: Ranjan S. Muttiah Title: Senior Professional Engineer ITB No. 19 0053 Flood Warning Misc Work Page 7 of 10LFTWORTHJX REC jX ORD Contractor Services Agreement RETA � ATTACHMENT A ITB (Inserted behind this page as modified) ITB No. 19-0053 Flood Warning Misc Work Page 8 of 10 Contractor Services Agreement ATTACHMENT B CONTRACTOR'S RESPONSE TO ITB (Inserted behind this page) ITB No. 19-0053 Flood Warning Misc Work Page 9 of 10 Contractor Services Agreement ATTACHMENT C VERIFICATION OF SIGNATURE AUTHORITY (executed copy attached behind this page) ITB No. 19-0053 Flood Warning Misc Work Page 10 of 10 Contractor Services Agreement FORTWORTH ATTACHMENT A CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFWO1-19-0000019 1 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITB FLOOD WARNING MISC UTILITY WORKS SVC 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 07/24/2019 11:05:00 CDT 08/15/2019 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids for furnishing Flood Warning&Miscellaneous Services and/or equipment as set forth in this invitation. Terms & Conditions A pre-bid conference: NONE. Completed BIDS MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED ON OR BEFORE 1:30 PM (local time)ON THE BID CLOSING DATE 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 will be publicly opened and read aloud at 2:00 P.M.on the Bid Closing Date in the City Council Chambers 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. 19-0216, FLOOD WARNING MISCELLANEOUS UTILITY WORK SERVICES AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.The City is not responsible for retrieving a submitted bid from its mail processing center.. SECTION NO.TITLE PAGE 1 BID OFFER SHEET**-Cover page of Final Bid Document V1 and attached as separate document PART 1 PURCHASING AGREEMENT OF SPECIFICATIONS Part 1 of Final Bid Document V1 PART 1 B-BID SOLICITATION PART 2 INSTRUCTIONS TO BIDDERS PART 3 SPECIFIC TERMS AND CONDITIONS PART 4 GENERAL TERMS AND CONDITIONS PART 5 ATTACHMENTS A-H ATTACHMENTA CONFLICT OF INTEREST QUESTIONNAIRE V1 ATTACHMENT B VENDOR CONTRACT INFORMATION FORM V1 ATTACHMENT C CONSIDERATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS V1 ATTACHMENT D REFERENCE SHEET V1 ATTACHMENT E HOW TO REGISTER WITH THE CITY OF FORT WORTH V1 ATTACHMENT F NO BID SHEET V1 ATTACHMENT G-INSURANCE AND BONDING V1 ATTACHMENT H-VERIFICATION OF SIGNATURE AUTHORITY FORM PART 6 CONTRACTOR SERVICES AGREEMENT *Documents are hereby incorporated into this Solicitation by reference,with the same force and effect as if they were incorporated in full text. The full text versions of the*Sections are available on the Internet at the following online address: http://fortworthtexas.gov/purchasing ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 1 of 50 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFWO1-19-0000019 2 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITB FLOOD WARNING MISC UTILITY WORKS SVC 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 07/24/2019 11:05:00 CDT 08/15/2019 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by 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 agrees to be bound by the terms therein. Company Name: Company Address: City, State,Zip: Vendor Registration No. Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 2 of 50 CONTENTS • Part I Scope of Services/Specific Bid Information • Part I-B Bid Solicitation Form • Part 11 Instructions to Bidders • Part III Specific Terms and Conditions • Part IV General Terms and Conditions • Part V Attachments A-H • Part VI Agreement Form ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 3 of 50 PART - I SCOPE OF SERVICES/SPECIFIC BID INFORMATION/QUESTIONS 1.0 SCOPE 1.1 This is an ITB for miscellaneous infra-structure tasks associated with maintaining and installing the City's High Water Warning System/Flood Warning System flasher and weather station network (Flood Warning Utility Contract). The non- structural (electronics) tasks associated with the HWWS/FWS will be performed by City staff and third party contractors. Layouts with typical dimensions of the flasher and master gauge assemblies are shown in Figures 1-4 in Part I—A. 1.2 Tasks will be requested on a task by task"as needed"basis. 1.3 Once a task order has been issued, the City expects mobilization within 48-hours. 1.4 Bidders must supply letters of reference, and example installations for City personnel to inspect. 1.5 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, and any other fees. No additional charges will be accepted or paid by the City. 1.6 On occasion specific tasks may differ from those listed in the bid tabulation. In such cases, the discount pricing provided by the Vendor shall be used for the task order 1.7 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.8 The successful bidder(s) shall be known hereafter as "Contractor". 2.0 TERM The City intends for this to be a one-year agreement with options to renew up to four (4) additional terms. Renewal shall be at the City's sole request with Contractor's concurrence. 3.0 MWBE GOAL A goal of % MBE participation has been established. Bidder shall provide evidence of its efforts to comply with the goal. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 4 of 50 4.0 SCHEDULE AND ADDITIONAL BID REQUIREMENTS Bids shall be responsive to this Part I, Part I-B and otherwise in accordance with Part 11, Instructions to Bidders. 4.1 Any bid that does not include a response for ALL of the requested services on the Bid Solicitation Form may be rejected. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 4.2 Schedule of Bid Events: ITB Release Date 7-24-2019 Pre-Bid Conference NONE Deadline for Questions 7-29-19 at 5:00 PM (Local Time) Answers Posted 8-12-19 Response to ITB Due 8-15-19_by 1:30 PM (Local Time) Responses opened and read aloud 8-15-19_at 2:00 PM (Local Time) 4.3 Bidders shall submit the following items with their bid: 4.3.1 A completed and signed original Invitation to Bid (ITB) Cover Sheet; 4.3.2 A completed and signed original Bid Solicitation Form (Part I-A); 4.3.3 A completed and signed original Conflict of Interest Questionnaire (Part V, Attachment A); 4.3.4 A completed Bidder's Contact Information Form (Part V, Attachment B); 4.3.5 A completed Consideration of Location of Bidder's Principal Place of Business (Part V,Attachment C); 4.3.6 A completed Reference Sheet(Part V, Attachment D); 4.3.7 All items listed in Part 11, Section 3.0, Bidder's Qualifications; 4.3.8 A copy of all submitted documents saved on a flash drive. 4.4 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. Failure to submit the items listed herein may be grounds for rejection of a bid as non-responsive. 5.0 METHOD OF AWARD Contract(s)will be awarded to the lowest responsive and responsible bidder complying with all of the provisions of the ITB, provided the bid price is reasonable and it is in the best interest of the City to accept it, or, in the case of a best value bid, to the entity providing a submittal offering the best value to the City based on the evaluation criteria. Selection criteria: 1. Vendor's equipment and services meets or exceeds the specifications: 20% 2. Vendor's reputation for timely delivery of equipment and services: 20% 3. Demonstrated capability of Vendor to perform installation: 20% 4. Cost of equipment and services: 15% 5. References and experience of vendor in Fort Worth: 25% 6.0 RESERVATIONS In order for the City to receive adequate coverage on its service's needs, the City expressly reserves the following rights: 6.1 to make multiple contract awards; ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 5 of 50 6.2 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; 6.3 to consider and accept alternate bids, if specified in the ITB, when most advantageous to the City; 6.4 to waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 6.5 to waive any minor informality in any bid or ITB procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 6.6 to add additional terms or modify existing terms in the ITB by addendum prior to the bid opening date; 6.7 to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature; 6.8 to evaluate bids in relation to the performance record of Bidder with the City, another municipal corporation or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Contractor's failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City and the public at large; 6.9 to reject a bid because of unbalanced unit prices; 6.10 to specify approximate quantities in the ITB; 6.11 to extend the ITB opening date and time; 6.12 to reissue an ITB; and/or 6.13 to procure any item by other means. 7.0 QUESTIONS Questions, explanations or clarifications desired by a Bidder regarding any part of the bid must be requested as detailed in Part II, Section 2.0. Email questions to: FMSPurchasingResponses(a_fortworthtexas.gov Bidders must include the ITB number, name of the bid and the name of the 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. If by facsimile: (817)392-8440, Attention: Laurena Hamilton and ITB No.19-0000019. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 6 of 50 Part I-A SPECIFICATIONS 1. The types of installations contemplated are shown in Figures 1-4, below. 2. Laying of conduits (typically 1 1/2"d.)of rigid galvanized material above ground for placement of sensor and cable for a range of distances from master gauge station, typically to within 25 feet of the gauging station. Costing shall be provided by LF. 3. Laying of PVC schedule-40 conduit(typically 1 %" d.)trenched to a depth of not more than 2 feet for enclosure of electronic cables (typically'/4"diameter)for distances from gauging station of typical less than 25 feet. 4. Re-sodding with Bermuda grass and irrigation of grass disturbed area until establishment to City requirements. 5. Installation of conduit with manhole access to storm drain infra-structure to depth typically not more 10'from top of curb. Conduit will need to be sent from master gauge station through manhole and to top (obvert)of storm drain pipe. This type of work will require contractor to be familiar with trench and trenchless tunneling, confined entry requirements, OSHA standards, and drilling techniques. Refer to Figure 3. Contractor should be qualified to perform confined space entry. Hubs (LB-joints)will be placed at specified points along conduit for access to the electronic cables. 6. Demolition and removal of concrete pad foundation (typ. 2'diameter by 6' depth concrete foundation with steel reinforcement). Re-establishment of disturbed area (concrete or asphalt surrounding, or grassed area). 7. Installation of concrete foundation, pole with mount, cabinet box. Foundation could be installed on level bare ground, within ditches, and next to curb on concrete in ROW. 8. Installation of conduit and catch basin (concrete box to temporarily collect storm water) connected to existing inlet vault. Bidder should have capability to work with pre-cast fabricators for special designs and be able to make cast-in-place construction for catch basin. See Figure 4. 9. Temporary removal, storage, and reinstallation of flasher assembly. This bid item will be used when equipment from a knock-down can be reused as determined by the City. Distance of installation from City facility will be within a 30 mile radius. 10. Reinstallation of flasher pole and mount from a City storage facility. Distance of installation from City facility will be within a 30 mile radius. This bid item will be used when the flasher pole and assembly have been previously moved for temporary storage to a City Facility. Contractor should have capability of lowering and elevating the flasher beacons which will require drilling of access ports into the aluminum pole. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 7 of 50 OAINIOX24'A OVE ANiEHNA APPROX 2d'ABOVE FINISH GRADE C] SOLAR PANEL CMB TRAF B® —FIG GRNIIC 1 gPF(a BY OWNER TURN AROUND WHEN WATER OVER ROADWAY 24'X 36'STANDARD J MUTCD WARNING SIGN 12'LED FLASHER MINT ABOVE FINISH CRAM LOCKABLE TRAFIC CABINET BREAKAWAY BASE PER m ASHTO STANDARDS BREAKAWAY BASE PER MAX YA89VE ciRApE'= ASHTO$-,040 RDS 4'AL-INUMPOI.17 MRX T ABOVE GRADE 010WR O AD GROUND ROD i V DEPTH IN GMAD CONCRETE FO PER 7#IOT STANDARNI)PA D TsrO-I2(TYPE za A) i SIDE ELEVATION AFART II FLASHER FRONT ELEVATION AEART II FLASHER Figure 1. Flasher assembly. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 8 of 50 OMNI D4RECTWf !-AHTEtINA APPRO%W ABOVE FINISH GRADE "-1 ' SOLAR PANEL - LOCKABLE TPAAC CABINET TRARC BREAK AWAY BASE PER ASNTO STANOARDB• UKK 2` ASHTO STANDARDSDARDS ABOVE GRABS•, BREAKAWAY - VALIJMINIJMPOLE - Mqx r ABOVE ORAD): �L�'y1•I•l—I CCPPE"LAD61"DR9C Y D INGROWN .` �pNOR�TE ppoTll'dD PER T.DOT STANDARD `1 for oAUAN12Eo cotDVfTE YS•FD•12(TYPE 24•A) SIDE ELEVATION MASTER FRONT ELEVATIUN'TASTE R Figure 2. Master assembly at creek side flood monitoring. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 9 of 50 OW)MCipNALANTENNA APPRO%21'ABOVE FlRI811 GRACE 3OLFR PAHEL — I.G4r+9LE 1 10 CAMET I li BREAK AWAY PA4E PER ,y 3•A INIIMPC E a. SiAHpMpg" uAxrnmovE cRAOE Cg1gER pAG GAWNG R00 � _ 6'OfPTX IR 60CIIIO iti i"C9AiITF^P."Rie!YxNPFO �- COHC�E>•E FODiINtl 'T nx001 N—A5O ' i3-F0.12{TYPE 21-A1 yc*ux em' SIDE ELEVATION MASTER ROADSIDE FROM r ELEVATION MASTLR ROAOSIDE 1 vr•�oFuurF cuv,wam Figure 3. Master assembly with monitoring in manhole. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 10 of 50 Pura pHECTpHaC,wiEHrw� err nPPFP%2a'PBPYE flr�BN GWADE I J ' 'CJI.�R HVIK I� LD—BLE iR.tF� CPBINET 1 I J- OF*E'AwAr 015E PER a•py�IwuPq,E — � HtWC T'Afl01r�R10E � a OrMSO!S vnuv :Fi lnit I - SClvCRCIlCGlrWx0i90 6'�FDTN]Mf�llO ttF;;•CP�N�CPKr6YYANL'W } 0+PTTko2 STM SEG MPG 4-) ` Mx SIDE ELF VA 1 IUN MAS TER RDA;:Sli�. FRONT ELEVATiGN MASTER ROAOSOE ttr=[ppp[F pµvupFa Figure 4. Master assembly for monitoring at inlet vaults. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 11 of 50 FORTWORM. CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFWO1-19-0000019 3 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITB FLOOD WARNING MISC UTILITY WORKS SVC 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 07/24/2019 11:05:00 CDT 08/15/2019 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: oty Unit UnitPrice Total Concrete foundation with grounding rod to 5.00 EA comply with TXDOT TS-FD-12/TS-FD-99 Line: 2 Description: oty Unit UnitPrice Total Breakaway base,Pelco PB-5334 or equal 5.00 EA Line: 3 Description: oty Unit UnitPrice Total Pelco collar PB-5325 or equal 5.00 EA Line: 4 Description: oty Unit UnitPrice Total Pelco 10"x 4"sch-40 threaded one end, 5.00 EA PB-5100-10 or equal Line: 5 Description: oty Unit UnitPrice Total Pelco 4"1-way slip fitter cap SE-3106 or 5.00 EA equal Line: 6 Description: oty Unit UnitPrice Total 1-1/2"Hub for 4"pole,Pelco SE-3106 or 5.00 EA equal Line: 7 Description: oty Unit UnitPrice Total Adalet 24 x 25 x 8"SS Box DN4X-242508 M20402 5.00 EA or equal cabinet box Line: 8 Description: oty Unit UnitPrice Total Flasher enclosure,Chapel Hill TP-6667 or 5.00 EA equal, 1 T'W x 24"H x 16"d SS(Stainless Steel) ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 12 of 50 FORT WO RIH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFWO1-19-0000019 4 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITB FLOOD WARNING MISC UTILITY WORKS SVC 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 07/24/2019 11:05:00 CDT 08/15/2019 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qty Unit UnitPrice Total Flasher enclosure Adalet V2424-28672,24x 24 5.00 EA Painted steel back panel SS box Line: 10 Description: Qty Unit UnitPrice Total SS Unistrut 24"and strut clamps 20.00 EA Line: 11 Description: Qty Unit UnitPrice Total Mast 1-1/2"x 6"aluminum threaded at both 5.00 EA ends Line: 12 Description: Qty Unit UnitPrice Total Galvanized metal conduit, 1 "below ground 200.00 LF installation with re-sodding(all installations) Line: 13 Description: Qty Unit UnitPrice Total PVC conduit 1 "below ground installation 200.00 LF with re-sodding(all installations) Line: 14 Description: Qty Unit UnitPrice Total Galvanized metal conduit 1 "installation 200.00 LF braced to street or storm drain infra-structure(all types of installations) Line: 15 Description: Qty Unit UnitPrice Total Galvanized metal conduit 1 "installation 100.00 LF for manhole installation Line: 16 Description: Qty Unit UnitPrice Total Galvanized metal conduit 1 "installation 100.00 EA for inlet vault installation Line: 17 Description: Qty Unit UnitPrice Total Zinc plated U brackets for 1 " conduit 200.00 EA ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 13 of 50 FORTWORM. CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFWO1-19-0000019 5 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITB FLOOD WARNING MISC UTILITY WORKS SVC 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 07/24/2019 11:05:00 CDT 08/15/2019 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 18 Description: oty Unit UnitPrice Total transport,storage,and re-installation of 5.00 EA flasher/master assembly Line: 19 Description: oty Unit UnitPrice Total Disposal of concrete pad foundation 5.00 EA Line: 20 Description: oty Unit UnitPrice Total nstallation of flasher/master assembly 5.00 EA Total Bid Amount: ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 14 of 50 PART - II INSTRUCTIONS TO BIDDERS 1.0 REVIEW OF DOCUMENTS Bidders are expected to examine all documents that make up the Invitation to Bid ("ITB"). Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the ITB. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete ITBs. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the ITB must be requested in writing from the Purchasing Division or the Project Manager and must be received as per the schedule established in Part I, Section 4. Interpretations, corrections, or changes to the ITB shall be communicated by addendum to all known prospective Bidders. Communications made in any other manner are not binding upon the City and Bidders shall not rely upon such communications, including oral explanations or instructions provided at any pre- bid conference. Any oral communications stated by any department are considered unofficial and non-binding with regard to this ITB. 2.2 Requests for explanations or clarifications may be emailed to the Project Manager or faxed to the City's Purchasing Division as provided in Part I, Section 7. The communication must clearly identify the Contractor's name and the ITB number. 2.3 Unauthorized Communications: Bidders' contact regarding this ITB with employees or officials of the City other than the Purchasing Manager, the Minority and Women Business Enterprise (M/WBE) Office, the Project Manager or as otherwise indicated in 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 ITB, except as herein provided. Any violation of this prohibition may result in the Bidder being disqualified from the procurement process. 3.0 BIDDER'S QUALIFICATIONS 3.1 The following information must be submitted as part of the bid package and shall be supplied in the following order: 3.1.1 Bidder's background, services provided and number of years in business. 3.1.2 Evidence that Bidder is duly licensed, 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. 3.1.3 In order to receive contract award consideration, the bidder shall maintain sufficient resources to fulfill normal City of Fort Worth requirements. 3.1.4 Bidders shall provide a reference list of a minimum of three (3)current customers for whom the bidder has recently supplied subject item(s) or performed same or similar work over a recent twelve (12) month period. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 15 of 50 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by the ITB on the documents provided. Bids submitted on other than the forms included in the ITB may be considered non-responsive. Any attempt to alter the wording in the ITB 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 ITB 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. See Part III, Sec. 9 for further instructions. 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 Sheet in ink. 4.5.3 Totals shall be entered in the"Total Price"column of the Bid Sheet. 4.5.4 In the event of a discrepancy between unit price and extended price, the unit 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 ITB 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. 4.7.1 The bid security shall be in an amount of 5% of the amount bid. 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. 4.7.2 To be an acceptable surety on the bond: 4.7.2.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 16 of 50 4.7.2.2 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. 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. (See Part IV, Sec. 3.0) 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 the ITB 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 http://www.fortworthgov.org/purchasing/, click on "Automated Clearing House Setup" 5.0 SUBMISSION OF BIDS Bid document: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy contained on a flash drive. Bids must be submitted in an opaque sealed envelope with the bid number written on the outside of the envelope. 5.1 Documents required with Bid: The following documents must be submitted with each Bid: 5.1.1 The completed and signed first page of this ITB; 5.1.2 The Price Offer on the Bid Solicitation Form (Part I-A); and 5.1.3 Any other document included in the ITB requiring completion or execution by the Bidder. 5.2 Addenda: Receipt of any Addenda must be acknowledged by signing and returning the Addendum with the Bid. 5.3 Receipt of Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time set forth in Part I, Section 4. The Bid must be received by the Purchasing Division and time-stamped before deadline to be considered. All Bids received after the Due Date and Time are considered late, will not be opened or considered and will be returned to the Bidder. 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 or City's mail room. Bids delivered to a City location other than the Purchasing Division will not be considered. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 17 of 50 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bidders may modify their bid if it is withdrawn and resubmitted prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn by submitting a written request to the Purchasing Manager at any time prior to the Due Date. Electronic submission of a notice to withdraw a bid is acceptable so long as the request is signed by the Bidder's duly authorized representative. Proof of same may be required by the Purchasing Manager prior to a withdrawal being permitted. A receipt of the withdrawal must be signed by the Bidder. 6.3 No bids may be withdrawn after the Due Date without a showing of good cause or unless there is a material error in the 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 including the name of the bidder and the price provided. 8.0 EVALUATION FACTORS OF BID AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the ITB (unless otherwise specified). However, the City may evaluate and award a contract for any item or group of items shown on the ITB, or any combination deemed most advantageous to the City. Bids that specify an "all or none"award may be considered if a single award is advantageous. 8.2 Correction of Errors: Prices bid shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. Math errors in bids may be corrected by the City and the Bidder will be informed of said corrections. 8.3 Responsible/Responsive Bidder: 8.3.1 A responsive bidder is defined to be one who submits a complete bid packet within the stated time deadline and in accordance with the bid specification. 8.3.2 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. 8.4 Award. A contract, hereinafter called the "Agreement', shall be awarded to the bidder(s) with the lowest price bid and which are otherwise qualified and competent, unless the City exercises its rights not to award a contract. 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 as stated in Part III and Part V of this ITB. 9.2 Payment and/or Performance Bonds: When Payment and/or Performance Bonds are required as per Texas Government Code Chapter 2253, et seq., as amended, 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 ITB. A Payment Bond is required for a contract greater than $50,000 and a Performance Bond is required for a contract greater than $100,000. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 18 of 50 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 ITB before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 10.0 PROTEST PROCEDURE 10.1 Contractors who respond to Invitations to Bid have the right to protest the ITB process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 10.2 The Contractor must submit any protest in writing to the Purchasing Manager within 14 days after the Contractor knows, or should have known, of the facts giving rise to a protest. 10.3 The Purchasing Manager, or designee, is authorized to take action to attempt to resolve a protest concerning a purchasing action through informal discussions, mail, and email or in- person meetings with the protesting party. 10.4 After said 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 Contractor of the right to review by a panel made up of City staff. 10.5 A protest review panel will consist of an Assistant City Attorney, a representative of the operating department and any other appropriate personnel or employees of the operating department, and the Purchasing Manager. 10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Contractor does not agree, the protesting Contractor will be informed of its right, as a member of the general public, to attend any meeting of the City Council and make known his/her concerns. 10.6.1 Contractors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's website. 11.0 THE AGREEMENT The Agreement shall consist of the ITB and its attachments, Contractor's Response to the ITB and such other parts and attachments as are specified in the Agreement. The 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 understanding as to the scope of work. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in the Agreement. Acceptance of or acquiescence in a course of performance under the Agreement shall not be relevant to determine the meaning of the Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. In the event of a conflict between the contract documents, the order of precedence shall be the ITB, including its attachments, and then the Contractor's response. See Part VI for the Agreement document. 12.0 CONTRACT ADMINISTRATION ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 19 of 50 Contract administration will be performed by the City Department on whose behalf the ITB was issued. In the event the Contractor fails to perform according to the terms of the agreement, the Department head or his/her designee will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. The process to cure or resolve disputes found in Part IV, Paragraph 19 shall govern. 13.0 COOPERATIVE PURCHASING 13.1 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. 13.2 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 ITB. 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 ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 20 of 50 PART - III SPECIFIC TERMS AND CONDITIONS 1.0 CHANGE IN COMPANY NAME OR OWNERSHIP The Contractor 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. 2.0 INVOICING REQUIREMENTS 2.1 All invoices should be submitted directly to the contracting Department. It is the responsibility of the Contractor to obtain the name and contact information of the Department's project manager to whom invoices shall be submitted. 2.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Contractor's name, phone number/email address, federal tax identification number, ITB 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 Contractor for correction and re-submittal. 2.3 Under no circumstances will the City be responsible for goods or services provided without an Agreement signed by an authorized city representative. 3.0 UNIT PRICE ADJUSTMENT 3.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during a renewal period but not before the effective date of a renewal and only upon written request from the Contractor. 3.2 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. 3.3 If the City does not accept the proposed rate increase, 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. 3.4 Prices bid or adjusted with a renewal, shall remain firm for each correlative term of the Agreement. 3.5 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. Contractor will be reimbursed for this service at the prior agreement rate(s). Contractor 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. 3.6 Goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to the City. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 21 of 50 4.0 QUANTITIES The quantities listed on the Part I-A Bid Solicitation Form are estimates and do not indicate intent to purchase a certain amount or any amount. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 5.0 INSURANCE REQUIREMENTS Insurance requirements are found in Part V, Attachment G. A valid certificate of insurance shall be provided with the signed Agreement. Failure to provide such information within five (5) calendar days thereof may be grounds for termination of the Agreement. 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 Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 6.0 COMPLAINTS 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. 7.0 SUBCONTRACTING Subcontracting of the work under this Agreement will be allowed provided Contractor notifies the Project Manager at least 24 hours in advance. If Contractor intends to engage a subcontractor(s) to perform any of its obligations herein, subcontractor(s) shall agree to be bound by the duties and obligations of Contractor under the Contract as such duties and obligations may apply. Contractor shall, upon request, provide City with a fully executed copy of any agreement making such subcontract. 8.0 DELIVERY 8.1 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. 8.2 There may be instances when the Contractor may be asked to accelerate delivery of an order or services due to extenuating or emergency circumstances. When this occurs, the Contractor will be expected to provide this service at no additional cost. 8.3 In the event the Contractor 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 grounds for canceling order(s) or services, or the entire Agreement. 8.4 Delivery tickets must include the City's Blanket Order Number and the ordering department's Release Number. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 22 of 50 8.5 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Contractor, or the Contractor'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. 8.6 Material Safety Data Sheets(if applicable) 8.6.1 A Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to Revised Statutes Annotated (RSA) Chapter 277-A (277-A), shall accompany each delivery. Delivery of toxic or hazardous substance or mixtures containing such substance without MSDS sheets shall not be accepted. Delivered containers shall be properly labeled pursuant to RSA 277-A. 8.6.2 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277-A, shall place the Contractor in non-compliance and shall result in civil or criminal penalties. The Contractor furnishing substances or mixtures subject to RSA 277-A, is responsible for adhering to and being in compliance with this law. Failure to comply with RSA 277-A, shall result in the cancellation of an order. 9.0 WARRANTIES 9.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 9.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Contractor or any supplier at any tier. 9.1.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines "prompt" repair or replacement to be within twenty- four (24) hours after notification by authorized City personnel. 9.1.3 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City. 9.1.4 The Contractor shall remedy at the Contractor's expense any non-conforming or defective products or work. In addition, the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth, when that damage is the result of a defect of products furnished. 9.1.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 9.1.6 The City of Fort Worth shall notify the Contractor, within a reasonable time after the discovery of any failure, defect, or damage. 9.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 9.1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 9.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 23 of 50 9.2.1 Obtain all warranties that would be obtained in normal commercial practice; 9.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 10.0 PRICE WARRANTY 10.1 The price to be paid by City shall be that contained in Contractor's proposals which Contractor warrants to be no higher than Contractor'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 Contractor breaches this warranty, the prices of the items shall be reduced to the prices contained in Contractor's proposals, or in the alternative upon Contractor's option, Contractor shall have the right to cancel this contract without any liability to Contractor for breach or for Contractor's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Contractor may have in law or equity. 10.2 Contractor 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 Contractor for the purpose of securing business. For breach or violation of this warranty, City 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. 11.0 PRODUCT WARRANTY Contractor 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 Contractor. Contractor warrants that the goods furnished will conform to City's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Contractor, if any. In the event of a conflict between City's specifications, drawings, and descriptions, City's specifications shall govern. 12.0 SAFETY WARRANTY Contractor warrants that the product sold or services provided to City 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 or services do not conform to OSHA standards, City may return the product for correction or replacement at Contractor's expense or City may terminate the contract. In the event Contractor fails to make appropriate correction within a reasonable time, any correction made by City will be at Contractor's expense. Where no correction is or can be made, Contractor shall refund all monies received for such goods or services within thirty (30) days after request is made by City in writing and received by Contractor. Notice is considered to have been received upon hand delivery, or otherwise in accordance with the Notice provisions of this contract. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 13.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 13.1 If applicable to the services being provided, the CONTRACTOR 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. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 24 of 50 13.2 If applicable to the services being provided, CONTRACTOR 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. 13.3 If applicable to the services being provided, CONTRACTOR 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, trademark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as CONTRACTOR bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give CONTRACTOR 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 CONTRACTOR'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, CONTRACTOR 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 CONTRACTOR, terminate this Agreement, and refund all amounts paid to CONTRACTOR by the City, subsequent to which termination City may seek any and all remedies available to City under law. 14.0 SAFETY The Contractor shall be responsible for creating and maintaining its own safety plan meeting all federal, state, county or city laws, ordinances and regulations. 15.0 HAZARDOUS CONDITIONS The Contractor is required to notify the City immediately of Contractor's discovery of any hazardous conditions during performance of the services. City may suspend contractor's work for such reasonable time as is necessary to evaluate the possible hazardous conditions and to develop a plan for managing same. Contractor and City may negotiate a change order, if necessary, for Contractor to continue its work if the original conditions have materially changed due to the discovery of hazardous conditions. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 25 of 50 PART - IV CITY OF FORT WORTH GENERAL TERMS AND CONDITIONS 1.0 DEFINITION OF CITY The City of Fort Worth, its officers, agents, servants, authorized employees, contractors and subcontractors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF CONTRACTOR The consultant, service provider(s), supplier, or other provider of goods and/or services, its officers, agents, servants, employees, contractors and subcontractors who act on behalf of the entity which is engaged in a contract with the City. 3.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth may be requested by a member of the public under the Texas Public Information Act. If the City receives a request for a Contractor's proprietary information, the Contractor 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 Contractor believes that its information may not lawfully be released. If Contractor does not make arguments or the AG rejects the arguments Contractor makes, Contractor's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of City shall have a financial interest, direct or indirect, in any contract with City or be financially interested, directly or indirectly, in the sale to City of any land, materials, supplies or services, except on behalf of City 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 City or its officers, agents, servants, contractors or subcontractors 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 City. 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 City's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Contractor without an approved contract number, purchase order number, or release number issued by the City may result in rejection of delivery, return of goods at the Contractor's cost and/or non-payment. 6.0 CONTRACTOR TO PACKAGE GOODS If applicable to the scope of work, Contractor will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Contractor'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. Contractor shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 26 of 50 applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 SHIPMENT UNDER RESERVATION PROHIBITED Contractor 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 TITLE AND RISK OF LOSS If applicable to the scope of work, the title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 PLACE OF DELIVERY If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 10.0 RIGHT OF INSPECTION If applicable to the scope of work, City shall have the right to inspect the goods upon delivery before accepting them. Contractor shall be responsible for all charges for the return to Contractor of any goods rejected as being nonconforming under the specifications. 11.0 SOFTWARE LICENSE TO CONTRACTOR If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary' to Contractor, and is licensed and provided to the City 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 Contractor; however City may make copies of the software expressly for backup purposes. 12.0 OWNERSHIP OF WORK PRODUCT If applicable to the scope of work, Contractor agrees that City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. Contractor for itself and on behalf of its contractors hereby waives any property interest in such Work Product. 13.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectively the "Network"). If Contractor requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Contractor is required to utilize the Internet, Intranet, email, City database, or other network application, Contractor shall separately execute the City's Network Access ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 27 of 50 Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. 14.0 LAWS, REGULATIONS, AND ORDINANCES The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 15.0 IMMIGRATION NATIONALITY ACT Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 16.0 HEALTH. SAFETY, AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Contractor must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Contractor 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. Contractor 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 Contractor. 17.0 RIGHT TO AUDIT Contractor agrees that the City, or City's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to City, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Contractor involving transactions relating to this contract, including any and all records maintained pursuant to Section 31 of this Agreement. Contractor agrees that the City shall have access, during normal working hours, to all necessary Contractor facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. City shall pay Contractor for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The City shall give Contractor reasonable advance written notice of intended audits, but no less than ten (10) business days. 18.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 28 of 50 terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor 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 City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 19.0 TIME TO CURE/DISPUTE RESOLUTION 19.1 If either City or Contractor 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 provide a reasonable time to cure and then 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 cure, 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 cure or 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. 19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure any deficiency. 19.3 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the appropriate Department Head who may take appropriate action to cure the performance problem(s). 19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of Contractor's receipt of notice of same. 19.5 The Contractor 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. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 29 of 50 PART-V ATTACHMENTS A-H (Behind this cover sheet are Attachments A-H) ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 30 of 50 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://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Contractor 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. (form follows) FORM 1295— Under the Texas Government Code, Ch. 2252.908, a contractor doing business with the City of Fort Worth with an initial contract value which requires city council approval will, unless otherwise exempted, be required to submit a Form 1295. See Part II, Sec. 9.4. ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 31 of 50 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg.. regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Govemment Code, Rid by a vendarwho has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filedwith the records administrator ofhe local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 17G.006, Local Government Code.An offense underthis section is a misdemeanor. 1 Name of vendarwho has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authoriry not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about wham the Information Inthls section is being disclosed. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176_001(1-a), Local Government Code_ Attach additional pages to this Farm CIQ as necessary_ A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AN the taxable income is not received from the local governmental entity's Yes F-1 Nc C_ Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or mare? 71 Yes F� No D. Describe each employment or business and family relationship with the local government officer named in this section. a Signature of vendor doing business with the governmental entity Date Adapted 817/2015 ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 32 of 50 ATTACHMENT - B BIDDER'S CONTACT INFORMATION Bidder's Name: Bidder's Local Address: Phone: Fax: Email: Name of person assigned specifically for this Agreement: Name/Title Phone: Fax: Email: Name of persons for renewal information and/or billing questions: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Signature Printed Name Date ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 33 of 50 ATTACHMENT- C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Chapter 2, Article I, 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: 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. (Company Name) (Date) (Signature) (Printed Name and Title) ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 34 of 50 ATTACHMENT - D REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references for at least three (3)recent customers to whom products and/or services have been provided that are similar to those required by this ITB. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number( ) Email 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number( ) Email 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number( ) Email ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 35 of 50 ATTACHMENT- G INSURANCE AND BONDING (Behind this page are the City's standard insurance, payment and performance bond requirements) ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 38 of 50 ATTACHMENT B FORT WORTH. " 40'" ADDENDUM TO INVITATION TO BID NO. 19-0000019 ITB-FLOOD WARNING MISC UTILITY WORKS SVC CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: August 14, 2019 INVITATION TO BID NUMBER(ITB): 19-0000019 ORIGINAL BID OPENING DATE: August 15, 2019 ADDENDUM NO. 1, REVISED BID OPENING DATE: From August 15, 2019 to August 29, 2019 Addendum No. 1, dated August 14, 2019 is hereby amended to incorporate in full text the following provisions: 1. Bid Opening Date is changed from August 15, 2019 to August 29, 2019 All other terms and conditions remain unchanged. Laurena Hamilton TPW Buyer ............................................................2 N 0 0 0 0............■ By the signature affixed below,Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. Receipt Acknowledged By: > COMPANY NAME: Bea E / Cal In AUTHORIZED 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. FORT WORTH,.,,', . ADDENDUM TO INVITATION TO BID NO. 19-0000019 ITB-FLOOD WARNING MISC UTILITY WORKS SVC CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO.2 DATE ISSUED: August 21, 2019 INVITATION TO BID NUMBER(ITB): 19-0000019 ORIGINAL BID OPENING DATE: August 15, 2019 ADDENDUM NO. 2, BID CANCELED—REPLACED WITH BID 19-0000053 OPENS 9/12/19 Addendum No. 2, dated August 21, 2019 is hereby amended to incorporate in full text the following provisions: 1. Bid 19-0000019 has been canceled and replaced with Bid 19-0000053 opening 9-12-19. All other terms and conditions remain unchanged. Laurena Hamilton TPW Buyer ............................................................0 0 E 0 E a.0 0 a E 0 z.....■ By the signature affixed below,Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. Receipt Acknowledged By: A COMPANY NAME: Be n EI ICal 1 AUTHORIZED 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. FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDER CFW01-19-0000OS3 2 Event Round Version 1 1 Event Name ITB- FLOOD WARNING MISC UTILITY WORKS SVC Start Time Finish Time Submit To: City of Fort Worth 08 20 2019 17:00:00 CDT 09 12 2019 13:30:00 CDT PURCHASING DIVISION 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 offer 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 agrees to be bound by the terms therein. Company Name: Bean Electrical Inc. Company Address: 821 E. Enon City, State,Zip: Fort Worth Texas 76140 Vendor Registration No. 0000027137 Printed Name of Officer or Authorized Representative: Roy E. Bean Title: President Signature of Officer or Authorized Representative:i Date: Email Address: cbean@beanelectrical.com Phone Number: 817-561-7400 ITB 19-0000053 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens September 12,2019 Page 2 of 52 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: CFW01-19-0000053 3 Event Round Version 1 1 Event Name ITB- FLOOD WARNING MISC UTILITY WORKS SVC Start Time Finish Time Submit To: City Of Fort Worth 08 20 2019 17:00:00 CDT 09 12 2019 13:30:00 CDT PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qty Unit UnitPrice Total Concrete foundation with grounding rod to 5.00 EA comply with TXDOT TS-FD-12/TS-FD-99 $3,500.00 $17,500.00 Line: 2 Description: Qty Unit UnitPrice Total Breakaway base, Pelco PB-5334 or equal 5.00 EA $400.00 $2,000.00 Line: 3 Description: Qty Unit UnitPrice Total Pelco collar PB-5325 or equal 5.00 EA $200.00 $1,000.00 Line: 4 Description: Qty Unit UnitPrice Total Pelco 10"x 4"sch-40 threaded one end, 5.00 EA PB-5100-10 or equal $570.00 $2,850.00 Line: 5 Description: Qty Unit UnitPrice Total Pelco 4"1-way slip fitter cap SE-3106 or 5.00 EA equal $140.00 $700.00 Line: 6 Description: Qty Unit UnitPrice Total 1-1/2"Hub for 4"pole, Pelco SE-3106 or 5.00 EA equal $140.00 $700.00 Line: 7 Description: Qty Unit UnitPrice Total Adalet 24 x 25 x 8"SS Box DN4X-242508 M20402 5.00 EA or equal cabinet box $1,620.00 $8,100.00 Line: 8 Description- Qty Unit UnitPrice Total Flasher enclosure,Chapel Hill TP-6667 or 5.00 EA equal,17M x 24"H x 16"d SS(Stainless Steel) $2,200.00 $11,000.00 ITB 19-0000053 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens September 12,2019 Page 12 of 52 FORT WORTH, CITY OF FORT WORTH BID OFFER Event ID Page Invited: CFW01-19-0000053 4 Event Round Version 1 1 Event Name ITB- FLOOD WARNING MISC UTILITY WORKS SVC Start Time Finish Time Submit To: City of Fort Worth 08 20 2019 17:00:00 CDT 09 12 2019 13:30:00 CDT PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qty Unit UnitPrice Total Flasher enclosure Adalet V2424-28672,24x 24 5.00 EA Painted steel back panel SS box $180.00 $900.00 Line: 10 Description: Qty Unit UnitPrice Total SS Unistrut 24"and strut clamps 20.00 EA $50.00 $1,000.00 Line: 11 Description: Qty Unit UnitPrice Total Mast 1-1/2"x 6"aluminum threaded at both 5.00 EA ends $140.00 $700.00 Line: 12 Description: Qty Unit UnitPrice Total Galvanized metal conduit,1 "below ground 200.00 LF installation with re-sodding(all installations) $65.00 $13,000.00 Line: 13 Description: Qty Unit UnitPrice Total PVC conduit 1 "below ground installation 200.00 LF with re-sodding(all installations) $45.00 $9,000.00 Line: 14 Description: Qty Unit UnitPrice Total Galvanized metal conduit 1 "installation 200.00 LF braced to street or storm drain infra-structure(all types of installations) $45.00 $9,000.00 Line: 15 Description: Qty Unit UnitPrice Total Galvanized metal conduit 1 "installation 100.00 LF for manhole installation $45.00 $4,500.00 Line: 16 Description: Qty Unit UnitPrice Total Galvanized metal conduit 1 "installation 100.00 EA for inlet vault installation $45.00 $4 500.00 Line. 17 Description: Qty Unit UnitPrice Total Zinc plated U brackets for 1 " conduit 200.00 EA $30.00 $6,000.00 ITB 19-0000053 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens September 12,2019 Page 13 of 52 FORT WORTH... *11� CITY OF FORT WORTH BID OFFER Event ID Page Invited: CFW01-19-0000053 5 Event Round Version 1 1 Event Name ITB- FLOOD WARNING MISC UTILITY WORKS SVC Start Time Finish Time Submit To: City of Fort Worth 08 20 2019 17:00:00 CDT 09 12 2019 13:30:00 CDT PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 18 Description: Qty Unit UnitPrice Total transport,storage,and re-installation of 5.00 EA flasher/master assembly $3,850.00 $19,250.00 Line: 19 Description: Qty Unit UnitPrice Total Disposal of concrete pad foundation 5.00 EA $2,000.00 $10,000.00 Line: 20 Description: Qty Unit UnitPrice Total nstallation of flasher/master assembly 5.00 EA $2,625.00 $13,125.00 Total Bid Amount: $134,825.00 ITB 19-0000053 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens September 12,2019 Page 14 of 52 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 231.84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Govemment Code, date Receve� by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). Bylaw this questionnaire must be filedwith the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. ,See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. N/A 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you fife an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally fled questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIO as necessary. A. is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 71 Yes E-1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more? = Yes = No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 9/12/2019 Signature of vendor doing business with the governmental entity Case Adopted 81712015 ITB 19-0000053 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens September 12,2019 Page 32 of 52 ATTACHMENT - B BIDDER'S CONTACT INFORMATION Bidder's Name: Bean Electrical Inc. Bidder's Local Address: 821 E. Enon Fort Worth Texas 76140 Phone: 817-561-7400 Fax: 817-561-7403 Email: cbean@beanelectrical.com Name of person assigned specifically for this Agreement: Name/Title Roy E. Bean II President Phone: 817-561-7400 Fax: 817-561-7403 Email:—cbean@beanelectrical.com Name of persons for renewal information and/or billing questions: Name/Title Roy E. Bean II President Phone: 817-561-7400 Fax: 817-561-7403 Email:—cbean@beanelectrical.com Name/Title Cheryle Espree Office Manager Phone: 817-561-7400 Fax: 817-561-7403 aigna spree@beanelectrical.com Roy E. Bean II 9/12/2019 Printed Name Date ITB 19-0000053 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens September 12,2019 Page 33 of 52 ATTACHMENT - C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Chapter 2, Article I, 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: 821 E. Enon Fort Worth Texas 76140 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%] 90% 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? 65 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)? Approximately$43,000.00 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. Bean ctriga Inc. September 12, 2019 (Com any.N ' ) (Date) Roy E. Bean II (Itg (Printed Name and Title) ITB 19-0000053 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens September 12,2019 Page 34 of 52 ATTACHMENT - D REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references for at least three(3) recent customers to whom products and/or services have been provided that are similar to those required by this ITB. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name The Fain Group Name of Contact Larry Frazier Title of Contact President Present Address 2500 Great Southwest FRWY City, State, Zip Code Fort Worth Texas 76106 Telephone Number ( 817 ) 927-4388 Fax Number( 817) 927-4389 Email Ifrazier@faingroup.com 2. Company's Name Sedalco Inc. Name of Contact Jared Hicks Title of Contact Executive VP Director of Field Operations Present Address 4100 Fossil Creek BLVD City, State, Zip Code Fort Worth Texas 76137 Telephone Number ( 817 )831-2245 Fax Number( 817 ) 289-7957 Email jhicks@sedalco.com 3. Company's Name 2L Construction LLC Name of Contact Chip Fisher Title of Contact Project Manager Present Address 200 Boyd Business PKWY City, State, Zip Code Boyd Texas 76023 Telephone Number ( 817 ) 433-2670 Fax Number( 817 ) 433-2120 Email chip@2lconstruction.com ITB 19-0000053 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens September 12,2019 Page 35 of 52 ATTACHMENT C ATTACHMENT H VERIFICATION OF SIGNATURE AUTHORITY FORM Contractor: Address: City, state,zip: 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: Roy E Bean Position: President UgC4z' S4fature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Date: ITB 19-0000019 Flood Warning&Misc Utiliy Svcs Buyer,Laurena Hamilton 817-392-8321 Bid Opens August 15,2019 Page 39 of 50 4/30/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTTII DATE: 5/5/2020 REFERENCE**M&C 20- LOG 13P19-0053 FLOOD WARNING AND NO.: 0264 NAME: MISC UTILITY SVCS SKR TPW CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. Authorize the Execution of an Agreement with Bean Electrical, Inc. for Flood Warning and Miscellaneous Utility Services in an Annual Amount Up to $134,825.00 and Authorize Four One-Year Renewal Terms for the Transportation & Public Works Department(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Bean Electrical, Inc. for flood warning and miscellaneous utility services in an annual amount up to $134,825.00 and authorize four one-year renewal terms for the Transportation & Public Works Department. DISCUSSION: The Transportation & Public Works Department approached the Purchasing Division for an annual agreement for the services of performing non-structural electronic tasks associated with the high water warning system for Fort Worth sites. These tasks will be performed by City Staff and third party contractors located throughout the City. The Invitation to Bid (ITB) consisted of detailed specifications describing the different layouts of typical dimensions for master gauge assemblies, manhole access, and task orders for layers of conduit of rigid galvanized material above ground for placement of sensors. Also, there will be removal and installation of concrete pad foundations and cables handled from various ranges of distances from the master gauge station. The ITB was advertised in the Fort Worth Star Telegram on August 28, 2019, September 4, 2019, and September 11, 2019. The City received one (1) response. The evaluation committee evaluated the proposal and recommends awarding a one-year agreement to Bean Electrical Inc. along with four one-year options to renew. No guarantee was made that a specific amount of services would be purchased. A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and then approved by the MWBE Office, in accordance with the MWBE or BDE Ordinance, because the purchase of goods or services is from sources where contracting or supplier opportunities are negligible. Upon City Council Approval, the initial term of this Agreement shall begin on the date of City Council approval and end on September 30, 2020. This agreement may be renewed at the City's option for four additional one-year terms. The renewal action will not require City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the Stormwater Utility Fund to support approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. BQN\\ apps.cfwnet.org/council_packet/mc_review.asp?ID=27833&councildate=5/5/2020 1/2 4/30/2020 M&C Review TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I I Year Chartfield 2 Submitted for City Manager's Office by_ Kevin Gunn (2015) Originating Department Head: Reginald Zeno (8517) Additional Information Contact: Steven Rathers (2057) Cynthia Garcia (8525) ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?ID=27833&councildate=5/5/2020 2/2