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HomeMy WebLinkAboutContract 54482 CSC No.54482 CONTRACTOR SERVICES AGREEMENT INSTALLAT[ON OF EROSION CONTROL PRODUCTS ITB/RFOt No.20-0150 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 Potere Construction "Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized CEO/Owner. 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—Standard Terms and Conditions,Parts I and II; 2. Attachment B-The City's Invitation to Bid ("ITB"), excluding Part V,Attachments E and F thereto and removing duplicate pages returned in Attachment C; 3. Attachment C—Contractor's Response to ITB,specifically Part I-A Bid Solicitation Form; 4. Attachment D—Insurance and Bonds; 5. Attachment E-Verification of Signature Authority Form. Attachments A-E, 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 - C 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 Installation of Erosion Control Services for the City of Fort Worth Transportation and Public Works Department as per Attachments B and C which more specifically describe the services to be provided hereunder. Only line items 6-7 are awarded herein. 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 on the immediately following September 30" ("Initial Term"). Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms and conditions for up to four (4) one-year renewal periods (October 1 to September 30) and for a fifth renewal period which shall expire on the month and day of the Effective Date creating a five year total duration. City may elect or Contractor may request a non-renewal by providing the other party with notice of same at least 60 days before the expiration of the Initial Term or any renewal period. 3. COMPENSATION City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B. Total payment made under this Agreement per term shall be the amount of 28 750.00("Contract Amount"). Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. OFFICIAL RECORD ITB 20-0150 Installation of Erosion Control Services Page 1 of 21 CITY SECRETARY Contractor Services Agreement 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. 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 ITB 20-0150 Installation of Erosion Control Services Page 2 of 21 Contractor Services Agreement 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 PROPERTY DAMAGE 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 Attachments D and D- 1, attached hereto and incorporated herein. ITB 20-0150 Installation of Erosion Control Services Page 3 of 21 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 Attachment A, Part H, Section 14. 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-DISCRIM]NATION 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 Attn: Teanna Thompson,TPW Superintendent Potere Construction,LLC Ashley Kadva, Buyer 6825 Manhattan Blvd. 200 Texas Street Fort Worth,TX 76120 Fort Worth,TX 76102-6314 Phone: 817-429-2443 Email: Teanna.thompsonp_fortworthtexas.2ov Facsimile:NA Phone: 817-392-5422 Email: sdou lg as@potereconstruction.com Facsimile:(817)392-8654 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 patty who independently responds to a general solicitation of advertisement of employment by either party. ITB 20-0150 Installation of Erosion Control Services Page 4 of 21 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 Tan-ant 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 20-0150 Installation of Erosion Control Services Page 5 of 21 Contractor Services Agreement Attachment A, Part I, Sections 9-13. All warranty provisions shall survive the expiration of this 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 ITB 20-0150 Installation of Erosion Control Services Page 6 of 21 Contractor Services Agreement 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 signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Attachment E. 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: basin Bccs�wluJo� �LnnA By: Dana Burgh-a p15,2 15:a2 CDC By: si , N, D&a Name: Dana Burghdoff J Name: Sharon D glas Title: Assistant City Manager Title: CEO/Owner Date: Sep 15,2020 Date: 8106J20 APPROVAL RECOMMENDED: By. Name: William Johnson Title: Department Director d4voon� "po�FOR road ATTEST:� ,y pro r 0� - � oid Y Name: Mary J.Kayser p�°a 40 000,000000- q Title: City Secretary .APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: � _,,,,,,, By signing I acknowledge that I am the person Mack(Sep 11,202016:41 CDTJ By: 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 AUTHORIZATION: requirements. M&C:20-0615 Date: 09/1/2020 1295# 2020-629631 By: T aei ij& Name: Traci Akin Title: Sr.Administrative Assistant OFFICIAL RECORD ITB 20-0150 Installation of Erosion Control Services Page 7 of 21 CITY SECRETARY Contractor Services Agreement FT.WORTH, TX ATTACHMENT A PART-I 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/RFQt 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 set-vices 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. ITB 20-0150 Installation of Erosion Control Services Page 8 of 21 Contractor Services Agreement 3.6 Goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to the City. 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 AND BONDING REQUERMMENTS Insurance requirements are found in the Agreement,Attachment D. 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%. Bonding requirements are described in the Call, Part II, Section 9.2. If said bonds are required, the forms will be attached to the Agreement as Attachment D-1. 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. ITB 20-0150 Installation of Erosion Control Services Page 9 of 21 Contractor Services Agreement 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. 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 fiee from any defect in workmanship,equipment,material,or design furnished by the Contractor or any supplier at any tier. 9.4.2 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. ITB 20-0150 Installation of Erosion Control Services Page 10 of 21 Contractor Services Agreement 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: 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 ITB 20-0150 Installation of Erosion Control Services Page 11 of 21 Contractor Services Agreement 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 iNTF.LL.F,C'TUAL 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. 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 ITB 20-0150 Installation of Erosion Control Services Page 12 of 21 Contractor Services Agreement 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 20-0150 Installation of Erosion Control Services Page 13 of 21 Contractor Services Agreement PART-II 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 XXVH, 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 ITB 20-0150 Installation of Erosion Control Services Page 14 of 21 Contractor Services Agreement cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 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 ISK 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 RIG T 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. ITB 20-0150 Installation of Erosion Control Services Page 15 of 21 Contractor Services Agreement 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 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 I-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 byContractor. 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. Contractor agrees that the City shall have access, during normal working hours, to all necessary Contractor facilities, and shall be provided adequate and appropriate ITB 20-0150 Installation of Erosion Control Services Page 16 of 21 Contractor Services Agreement 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 untended 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, 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 CUREMISPUTE 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 20-0150 Installation of Erosion Control Services Page 17 of 21 Contractor Services Agreement ATTACHMENT B CALL FOR BEDS/PROPOSALS PARTS I-II (Iiisei-ted behind this page) ITB 20-0150 Installation of Erosion Control Services Page 18 of 21 Contractor Services Agreement FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: Integrated Landscape Services Mg01-20-0150 1 701 plaza dr Event Round Version fort worth TX 76140 1 1 United States Event Name ITB Installation of Erosion Control Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 05 2a 2020 08:00:00 CDT 06 04 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth issues this call seeking bids for furnishing installation of erosion control services and/or equipment as set forth in this Invitation to Bid (ITB and/or Call)for the Fort Worth Transportation and Public Works Department.The term of the agreement shall be a multi-year agreement with the first term pro-rated to coincide with the fiscal year,which ends on September 30th,with options to renew up to four(4)additional one-year terms and a fifth renewal if necessary to complete the pro-rated year at the city's discretion. Terms & Conditions Bids will be accepted as usual by mail.To hand deliver bids:will be accepted from 8:30am to 1:30pm on Thursdays at the South End lobby of City Hall. If the bidder wants to hand deliver any other time,bidder will need to call Purchasing at 817-392-2462 to make an appointment. Bid opening will be occurring through live stream and can be viewed at fortworthtexas.govtWv/ No Pre-Bid Conference FORT WORTH CITY OF FORT WORTH BID OFFER Event ID Page Invited: Integrated Landscape Services CFW01-20-0150 2 701 plaza dr Event Round Version fort worth TX 76140 1 1 United States Event Name ITE installation of Erosion Control Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION os 20 2020 oa:00:oo CDT 06 04 2020 13:30:00 CDT 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 Installation of Curlex II-Double Net Straw 4000.00 SY Blanket Line: 2 Description: Qty Unit UnitPrice Total Installation of SC250-70/30 Straw/Coconut 1000.00 SY Blanket Line: 3 Description: Qty Unit UnitPrice Total Installation of C125-100%Coconut Blanket 1000.00 SY Line: 4 Description: City Unit UnitPrice Total Installation of C350 Turf Mat High Velocity 4000.00 SY Protection/Composite Turf Reinforcement Mat Line: 5 Description: Qty Unit UnitPrice Total Installation of P550 Turf Mat Extreme 3000.00 SY Velocity Protection Line: 6 Description: Qty Unit UnitPrice Total Installation of Silt Fence 12 Gauge or 5000.00 LF Similar Line: 7 Description: Qty Unit UnitPrice Total Installation of Silt Fence 14 Gauge or 5000.00 LF Similar Total Bid Amount: FORT WORTH., CITY OF FORT WORTH/PURCHASING DIVISION INVITATION TO BID FOR A PUBLIC WORKS SERVICE ITB NO. 20-0150 INSTALLATION OF EROSION CONTROL SERVICES BID CLOSING DATE: June 4,2020 For further information contact: Ashley Kadva, Buyer FAX(817) 392-8440; email: FMSPurchasingResnonsesrdfortworthtexas.= The City of Fort Worth issues this call seeking bids for furnishing installation of erosion control services and/or equipment as set forth in this Invitation to Bid ("ITB"). 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 via live stream at 2:00 P.M. on the Bid Closing Date Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope "BID No. 20-0150, INSTALLATION OF EROSION CONTROL 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 i t s mail processing center. Contracts will be awarded to the lowest responsive and responsible bidder(s) 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. Should other Governmental entities decide to participate in this contract, would you, the Contractor, agree that all terms, conditions, specifications, and pricing shall apply(see Part II, Section 13)? Yes No By signing below, I certify that I have read the attached Parts I-IV and all attachments thereto and agree to all of the terms, conditions and requirements contained herein. Failure to comnlete the reauested information below will result in rejection of your bid. Company Name and Address: Federal ID Number(TIN): Company's Authorized Agent Name and Title Signature: Date: Telephone Number: Email address: Fax Number: ITB 20-0150 Installation of Erosion Control Services 1 ATTACMIENT C CONTRACTOR'S RESPONSE TO CALL FOR BIDS/PROPOSALS (Inserted behind this page) ITB 20-0150 Installation of Erosion Control Services Page 19 of 21 Contractor Services Agreement FORT WORTH.. ���� ���� ������ ��� H�0N� �������0�CITY _- ' FORT = " ��"^ mmm ��u�� ��m OFFER � Event ID CFIIOI-20-0150 Page Invited: Integrated Landscape Services 701 ploaudr fort worth TX7614n Event Name United States ITB Installation of Erosion Control services art Start Time Finish Time Submit To:City o Fort Worth PURCHASING DIVISION LOWER LEVEL CITY HALL TEXAS ST. Fort Worth/x/01U2 United States Email: FM8PunchnoinORoopononn@fbdworthte«aago, Event D d The City of Fort Worth issues this call seeking bids for furnishing installation of erosion control services andfor equipment as set forth in this Invitation to Bid(ITB and/or Call)for the Fort Worth Transportation and Public Works Department.The term of the agreement shall be a multi-year agreement with the first term pro-rated to coincide with the fiscal year,which ends on September 30th,with options to renew up to four(4)additional one-year terms and a fifth renewal if necessary to complete the pro-rated year at the city's discretion. Terms & Conditions Bids will b accepted--usual- -_ willbe accepted from 8:30am0u1:30pmon Thursdays—the South End lobby hand da/^era ob t bddmwiU nedoma 0 ' ounamondcanba�o�edagfu�mo�h�x��.�����/-',--^`^^~'~~p~"^'yw"'"""am'm/ymmugn/wn wu Pre-Bid Conference Minority usiness Enterprise (MBE) D Potere Construction LLC has filed with the Agency an Affidavit as defined by NCTRCA Minority Business Enterprise (MBE) Policies & Procedures and is hereby certified to provide service(s) in the following areas: NAICS 237310.CONCRETE PAVING(I.E.,HIGHWAY,ROAD,STREET,PUBLIC SIDEWALK) NAICS 237310:CURBS AND STREET GUTTERS,HIGHWAY,ROAD AND STREET,CONSTRUCTION NAICS 237310:HIGHWAY,STREET,AND BRIDGE CONSTRUCTION NAICS 237310:SIDEWALK,PUBLIC,CONSTRUCTION NAICS 237990:DRAINAGE PROJECT CONSTRUCTION NAICS 237990:OTHER HEAVY AND CIVIL ENGINEERING CONSTRUCTION NAICS 237990:RETAINING WALLS,ANCHORED(E.G.,WITH PILES,SOIL NAILS,TIEBACK ANCHORS),CONSTRUCTION NAICS 238110:POURED CONCRETE FOUNDATION AND STRUCTURE CONTRACTORS NAICS 238120:REBAR CONTRACTORS NAICS 238910:CONCRETE BREAKING AND CUTTING FOR DEMOLITION NAICS 238910: EXCAVATION CONTRACTORS NAICS 238990:CONCRETE PAVING,RESIDENTIAL AND COMMERCIAL DRIVEWAY AND PARKING AREA NAICS 238990:CURB AND GUTTER CONSTRUCTION,RESIDENTIAL AND COMMERCIAL DRIVEWAY AND PARKING AREA,CONCRETE NAICS 238990:DRIVEWAY PAVING OR SEALING NAICS 238990: PAVING,RESIDENTIAL AND COMMERCIAL DRIVEWAY AND PARKING LOT NAICS 238990:SIDEWALK CONSTRUCTION,RESIDENTIAL AND COMMERCIAL NAICS 423320:BRICK,STONE,AND RELATED CONSTRUCTION MATERIAL MERCHANT WHOLESALERS NAICS 632412:CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL OR LEASING WITHOUT OPERATOR NAICS 661730:EROSION CONTROL SERVICES This Certification commences October 18, 2018 and supersedes any registration or listing previously issued.This certification must be updated every two years by submission of an Annual Update Affidavit. At any time there is a change in ownership, control of the firm or operation, notification must be made immediately to the North Central Texas Regional Certification Agency for eligibility evaluation.. Certification Expiration: October 31, 2020 ,`**as Ut� eto IVA V a l �l ' i onvo Certification Administrator FORT WORTHQ CITY OF FORT WORTH BID OFFER Event 10 Page Invited: Integrated Landscape Services CPw01-20-0i50 2 701 plaza dr Event Round Version fort worth TX 76140 1 1 United States Event Name ITB Installation of Erosion control services Submit To: City of Fort Worth start Time Finish Time PURCHASING DIVISION 0512012020 08:00:00 CDT 06 04 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 ' Description: Qtv Unit UnitPrice _Total Installation of Curlex II-Double Net Straw • 4000.00 SY Blanket �I r 0 Line: 2 u U Description: City Unit UnitPrice Total Installation of SC250-70/30 Straw/Coconut 1000.00 SY Blanket Line: 3 Description: Qty Unit UnitPrice Total Installation of C125-100%Coconut Blanket 1000.00 SY IONS()] j 5 .ab Line: 4 Description: Qty Unit UnitPrice Total Installation of C350 Turf Mat High Velocity 4000.00 SY Protection/Composite Turf Reinforcement Mat j I� Line: 5 l V tJC1 Description: Qf Unit UnitPrice Total installation of P550 Turf Mat Extreme 30D0.00 SY Velocity Protection 'P'/ d0 Line: •6 lJ Description: _Qtv Unit UnitPrice Total Installation of Silt Fence 12 Gauge or 5000.00 LF nn, Similar Line: 7 Description: Qty Unit UnitPrice Total Installation of Silt Fence 14 Gauge or 5000.00 LF Similar Total Bid Amount: (�rr ;J a Details Line:1 Description: Installation of Curlex II-Double Net Straw ety Unit Uni rice Total Blanket 4000-00 SY 13.50 $11,800.00 Line:2 / Description: ns a a ron o - raw oconu Qty Unit UnitPrice Total Blanket j�. $13.50 $3450.00 Line:3 Description: Qty Unit Installation of C125-100%Coconut Blanket UnitPrice 1000.o sv $13.50 Total $345 0 Line:4 Description: Qty it Installation of C350 Turf Mat High Velocity 4000.00 Sy UnitPrice Total Protection/Composite Turf Reinforcement Mat $13.50 $13,000.00 Line:5 Description: Installation of P550 Turf Mat Extreme ty Unit UnitPrice Total Velocity Protection 3000.00 SY j $13.50 $9750.00 Line:6 Description: Qty Unit Installation of Silt Fence 12 Gauge or 5000.00 UnitPrice Total Similar $3. 0 $21,000.00 Line:7 Description: Q,y Unit Installation of Silt Fence 14 Gauge r 5000.00 LF UnitPric Total Similar $2.75 21,000.00 Total Bid Amount: 04,250 �� c<•�,~�igG L,,✓� i-�E.tt sl-�€�- /s f,vco1z,2G - FORTWORTH. CITY OF FORT WORTH I PURCHASING DIVISION INVITATION TO BID FOR A PUBLIC WORKS SERVICE IT B NO.20-0150 INSTALLATION OF EROSION CONTROL SE_,RVICES BID CLOSING DATE:June 4,2020 For further information contact:Ashley Kadva, Buyer FAX(817)392-8440; email: The City of Fort Worth issues this call seeking bids for furnishing installation of erosion control services and/or equipment as set forth in this Invitation to Bid('ITB"). 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 via live stream at 2:00 P.M. on the Bid Closing Date Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the couriers shipping envelope "BID No. 20-0150, INSTALLATION OF EROSION CONTROL 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 i t s mail processing center. Contracts will be awarded to the lowest responsive and responsible bidder(s) 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. Should other Governmental entities decide to participate in this contract,would you, the Contractor, agree that all terms,conditions, specifications,and pricing shall apply(see Part 11,Section 13)? Yes X No By signing below, I certify that I have read the attached Parts I-IV and all attachments thereto and agree to all of the terms, conditions and requirements contained herein. Failure to complete the requested Information below will result in rejection of Your bid. Company Name and Address:Potere Construction LLC 6825 Manhattan Blvd.,Fort Worth,TX 76120 Federal ID Number(TIN):203013918 Company's Authorized Agent Name and Title: Sharon Douglas CEO/Owner Signature: Date:6/04/2020 Telephone Number:8 1 7-429-2443 Email address:ddougias rpoterec6njtruction.com Fax Number: NA ITB 20-0.150 installation of Erosion Control Services . ` INVITATION TO BID CONTENTS ° Part Scope ufServceo/Spauific Bid Information ° Part I-A Bid Solicitation Form ° Part|| Instructions hzBidders ° Part III Attaohmen{oA-F * Part IV Agreement Form |Tao0-o1oo Installation ox Erosion control Services 2 PART - I SCOPE F SERVICESISPECIFIC BIDINFORMATION/QUESTIONS 1.0 1.1 The City of Fort Worth (City) issues this invitation to bids to award one or more non- exclusive contracts for installation of erosion products for the Transportation and Public Works(TPW)Department. 1.2 TPW/Stormwater Operations shall purchase installation of erosion blankets and silt fences. Design and materials shall be provided by TPW/ Stormwater to help prevent surface erosion from run-off and maximize the potential for establishing vegetation. 1.3 All products and materials shall be provided to the job site by TPW/ Stormwater Operations Division. Contractor is to provide all necessary tools and labor needed for the installation. Material included but not limited to include all items on the bid solicitation including anchor,staples and pins. 1.4 Contractor is to provide labor for installation and any personal protective equipment for Contractor's employee. 1.5 Curlex II 1.5.1 Double Net Straw blanket— 1 year protection 1.5.2 Top Net: light weight photodegradable polypropylene Matrix: 100% 1.5.3 agricultural straw 1.5.4 Thread: Degradable 1.5.5 Permissible Shear Stress: 2.25 Per Square Foot(PSF) 1.6 SC250 70/30 Straw/Coconut blanket— 18 month protection 1.6.2 Top Net: medium weight Ultraviolet(UV)—stabilized polypropylene 1.6.3 Middle Net: Heavy weight UV—stabilized polypropylene 1.6.4 Bottom Net: medium weight UV—stabilized polypropylene 1.6.5 Matrix: 70% Agricultural straw/30% Coconut fiber 1.6.6 Permissible Shear Stress:2.749 PSF un-vegetated/ 10.0 PSF vegetated. 1.7 C125 100% Coconut blanket-2 year protection 1.7.1 Top Net: medium weight UV—stabilized polypropylene 1.7.2 Middle Net: Heavy weight UV—stabilized polypropylene ITB 20-0150 Installation of Erosion Control Services 3 . 1.7.3 Bottom Net: medium weight UV—atabizedpolypmKylene 1l4 Matrix: 10DY6 Coconut fiber 1.7.5 Thread- Black UV—otubUizad 1.7.0 Pmnnioeib|a Shear Stress: 3.70 PGF un-vege1ated/ 120 PSF vegetated. ' 1.8 GC35O Turfmot—highve/ocityprotmnUon/CompoaibeTurfnainforommontmat 1.8.1 Top Net: Polypropylene 8.0 )bo/ 1.000ft 2(3.91 kg/iUOm") 1.8.2 Middle Net Polypropylene, corrugated 24 O|ba/1 0O0t ��11 7 kg/1OOmz)opproximent � ' � 1.8.3 Coconut fiber: O.5O )ba./yd"(O.27hg/n`) 1.8.4 Bottom Not: Polypropylene, 8.0 |bo/1 U0O �� 081 kg/1UUm`)approximant ' ' 1.8.5 Matrix: 10096 coconut matrix 1'8.6 Thread: Permanent 1.9 PS5O Turfmot—extnemovo|ocityproteotinn 1.9.1 Top Net: Polypropylene 24.0 |bo/ 1.0OOft"(1i.7 kg/100m2) 7.9.2 Middle Net: Polypropylene, corrugated 24.O|bu/1.UUUftftl (11'7 kg/100m')apprpximon1 1.8.3 Bottom Net Polypropylene, 24.0|bm/1.000f2 (2.44kg/1OOm2)approximant 1.9.4 Matrix: 10096 polypropylene fibormix 1.8.5 Thread: Permanent 1.10 Silt Fence. Product materials shall bn provided by Field Operations 1.10.1 12 Gauge or other similar structures 1.10'2 14 Gauge or other similar structures /Tauoo15o installation m Erosion Control Services 4 . 111 Installation Specifications 1.11.1 Erosion products shall be installed eo required by standard product specifications, unless alterations are made by the City. Any alterations and specifications shall bo disc and agreed upon ad the pre-job meeting held before installation ofeach job/project 1.11.2 A pre-job meeting shall be held for all installations mt the job/project site prior tothe Contractor beginning an installation.All prep-work including grading and ground stabilization shall ba completed prior to the pre-job meeting. The City shall complete all ground prep vvork. 1.11.3 A final inspection of each installation job/project shall be conducted by the Contract Administrator at job/project completion. Payment shall not ue issued without o final inspection. 1.11.4 The Contractor io responsible for making necessary nepairotn pass final inspection otno additional cost to the City. 1.11.5 All erosion products and materials shall be provided bu the job site bythe City. The City shall provide material such ao but not limited toonohoro staples and pins. Contractor ahaUprovide oUnecessary equipment�o--|n and labor needed for the installation. 1.11.6 Contractor shall provide all necessary equipmmnt1too|a and laburnnedod for the installation. 2'0 ]EJRD& The City intends for this to be a multi-year agreement with the first term pro-rated to coincide with City'n fiscal year, which ends on Saptembor3Om. with options burenew up to four (4) additional on terms and a fifth renewal, if necessary,to complete the prorated year. Renewals shall be eo the C/ty'o sole option with Contractors concurrence. D'D DW 4'Q SCHEDULE AND ADDITIONAL REQUIREMENTS Submittals shall be responsive huMhiuPart|. Part|-Aandnthenwis*inaucundancuwbhPartU Instructions tuBidders. ' 4.1 Any submittal 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 ba submitted on the most favorable terms. 4'2 Schedule of Even o: Release Date May 2O,2U2O Deadline for Quar ions May 27.2O2Oot5:OOPyN(Local Time) Answers Posted May 29.2O2O Responses due June 4.2U20byi:3UP&1 (Local Time) Responses upanEd and read aloud June 4.2O20at2:0OPPN (Local Time) Anticipated/wmriof Contract Date TBD |Teuo*1su Installation m Erosion Control Services o � Due to the COV|D19 Emergency declared by the City of Fort Worth and until the emergency declaration, as amended, is rescinded,sealed bids will be received by the City of Fort Worth Purchasing Office as further dexohbedbelow: City of Fort Worth Purchasing Division 20O Texas Street Fort Worth, Texas 70102 Bids will bn accepted by: 1. U8 Mail at the address above, 2. By courier, FedEx or hand delivery from 8:30-1:30 on Thursdays only at the South End Lobby of City Hall located at 200 Texas Street, Fort Worth, Texas 76102. A Purchasing Department staff person will be available to accept the bid and provide a time stamped receipt;or 3. If the bidder desires to submit the bid on a day or time other than the designated Thursday,the bidder must contact the Purchasing Department during normal workng houmat817-3S2'2482to make an appointment 0o meet o Purchasing Depa�man^ employee a1 the South End Lobby of City Hall located at2U0 Texas Street, Fort Worth, Texas 76102,where the bid(s)will be received and time/date stamped as above. Bids will be opened publicly and read aloud at 2:00 PM CST on the same day in the City Council Cnombom and broadcast through live stream and CFVV public television which can beac:;euoeda The general public will not beallowed in the City Council Chambers. ��-------- 4.3 Bidders shall submit the following items with their submittal: 4.3.1 A completed and signed original Cm/er8haet; 4.3.2 A completed and signed original Bid So|idtofion Form (Part|+\); 4.3.3 A completed and signed original Conflict of Interest Questionnaire(Part III, Attachment 4.3.4 A completed Bidders Contact Information Form(Part III,Attachment B); 4.3.5 A completed Consideration of Locafion of Bidder's Principal Place of Business (Part Ui.Attachment C); 4.3.8 A completed Reference Sheet(Part|||'Attachment D); 4.3.7 A bid bond, if required, in the amount specified in Part||.Sec.4.7. Required: Yes No _ 4.3.8 /U|�emo|i�edinPa�U. GecUon3. ' and Bidders CJumUfineUuno' 4.3.9 &copy ofaUoubmU±eddooumen�saved one flash dr�e ' 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 bid as non-responsive. |Teco*`no Installation ov Erosion Control ea,wmm 6 5.0 Connaoz(s)will oe awarded the lowest responsive and responsible bidder complying with all nfthe provisions ef the Call, provided the price b reasonable and it isin the best interest uf the City tm accept it, 6.0 RE IS MAILM In order for the City to receive adequate coverage on its service's needs, the City expressly reserves the following rights: 6.1 too make multiple contract awards; 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, oait is deemed in the best interest cf the City; 6.3 to consider and accept alternate bids, if specified hm the Call,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 orservices; 6.5 to waive any minor informality in any response (a minor informality is one that does not affect the competitiveness cf the 8idder); 6.6 to add additional terms or modify existing terms in the Call by addendum prior to the bid opening date; 8'7 to reject the bid of a bidder who has previously failed to perform or timely complete contracts ofa similar natune' . 6'8 to evaluate bids in relation to the performance record of Bidder with the City, another municipo|corponationorpdvotanorponodonaduhngthmpaottmm'yaarpohod.OuchpnaneuUoneone deemed to be in the public interest inasmuch as Bidder's failure or inability to furnish items within the prescribed time can onaute emergency situations and impose unnecessary hardship on both the City and the public otlarge; 6.9 to reject m bid because of unbalanced unit prices; 8'10 tn specify approximate quantities; 6.11 10 extend the submittal opening date and time; 6'12 to reissue a Call;and/or 6'13 to procure an�item by other means. |Tae0-o1so Installation m Erosion Control Services 7 ~ . 7.0 QUEUM Questions, explanations or clarifications desired bya Bidder regarding any part of the bid must b requested aad� � mi/ed/nP� U. 8eohon2.0. e Email questions to: Bidders /mua hndude the |T8number name nf the bid and the name cf the buyer inthe subjectPlease note, ifon e-mail confirming receipt- — e-ma il ei|isnotmmneivodwdhin1 business day, please contact City of Fort `—Purchasing at817-392-24O2. /fby facsimile: (D17)392-O44O.Attention:Ashley Kadva and |TB0o.20^O15U. naoo*1no installation or Erosion Control Services o � PART Id BID SOLICITATION ITB 20-0150 Installation of Erosion Control Services 9 PART ~ 81 INSTRUCTIONS TO BIDDERS 1.0 Bidders are expected to examine all documents that make up this |nvitatontobkjaorpropoeo|o Bidders shall promptly City of any omiunion, ambiguity, inconsistency or arnz that they ' may discover upon examination of the documents. The City assumes o responsibility for any / 2.8 2'1 Any axp/mna1ion, clehfioation, or interpretation desired by � Bidder any part this Call must be requested in writing from the Purchasing Division or the Project Manager and must be received an per the schedule established herein. |ntarpoetationn, corrections, or changes tothobiddingdnoumentoohaUbeonmmunioohadbyaddondumtnmUknmwnpnoope-- Bidders. Communications made in any �bnrmanner are not binding upon the City and 8id—Biddersohshalln— ~ rely upon such communications, including oral exp|enm� instructions -'�nypne'~~~ coermnce.Anynno|nommunicaUonoutotedbyanydepu�montmneuonoid000d ' andn � binding. unofficial-- —' 2'2 Requests for explanations or clarifications may be emailed to the Project Manager or faxed to the City's Purchasing Division as provided herein. The communication must clearly identify the Contractors name and the Call number. 2.3 Unauthorized Cmmnnoumiomt[mmm: Bidders' contact regarding this Call with employees or officials nf the City other than the Purchasing Manager, the Office of Business Diversity ('OBD^) the Project Manager or as othem�oe indicated in the Cn|| is prohibited and may nyou|L i— ^ disqualification from this procurement process.No officer,employee,agent or representative of the Bidder shall have any contact mr discussion,verbal or written,with any members mfthe C ��mumcO City mrC��D�sco�mm�tamtm,ord�reot;yo��n��rwct�yt�moug�othmrmame� � -- influence any City Council member, City staff, or City'm consultants regarding any mnatte - pmaimimgto this Call,except ea herein provided. Any v|o|odonof this p,ohibidonmay result 'i � the Bidder being disqualified from the procurement process. 3'0 DIDDEMSQUAILIFICATIONS 3.1 The following information must be submitted as part of the response package and shall be supplied in the following order: 3.1.1 Bidder's background,services provided and number of years inbusiness. 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 e recent twelve(12)month period. |Ta2o*1so Installation m Erosion Control Services 10 � 4.0 Each Bidder must furnish all information required by the Call on the documents provided. Bidssubmitted on other than the forms included in the Call ' be considered non-responsive.- Any attempt 10 alter the wording in the Call is improper and will resultin rejection of the Bid. 4.1 Taxes: Purchases of Goods mr Services for City use are usually exempt from Cit/ 8tute and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder 'should ` request Tax Exemption Certificate from the Purchasing Division. Under no circumstances nh- theCiiybe|iob|etupaytaxmsfbrwhichtheOtyheounexempUonunderanyCnn�aoL `'` 4.2 Brand Name or Equal: If the Ce|[ 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: Oo|iveg/time, if stated on 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 in not indicated,the Bidder shall state its best delivery time. 4.4 Free on Board(FOB) Point:Freight Terms shall be FOB Destination,Freight Prepaid and Allowed. The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: 4.5.1 Bids shall bo firm priced offers unless otherwise specified. 4.5.2 Pricing shall be entered on the Bid Sheet inink. 4.5.3 Totals shall ba entered in the"Total Price"column of the Bid Sheet. 4.5'4 |n the event cfe discrepancy between unit price and extended price,the unit price shall govern, 4.5.5 Prices shall bo offered in the Dollars of the United States of America (or decimal haoUonotharen�. 4.0 Signature: The Bidder must sign each document inthe Call requiring o signature. Any change made to the submittal must be initialed by the Bidder. 4.7 Bid Security:If a bid security is required for this purchase,the requirement will be reflected )n Part| of the bid package. 4.7.1 The bid security shall boinan amount of596of the amount bid.Cashier's check or an acceptable surety bond in the amount indicated in the Notice to 8|ddom must be submitted at the time the bid is uubmibed, 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 Tobeon acceptable surety on the bond: 4.7.2.1 The name of the surety shall bm included on the current Department of the Treasury's Listing of Approved Sureties(Department Circular 57O);or 4.7.2.2 The surety must have capital and surplus equal 1O times the amount cf the bond. ITBco-01nn Installation of Erosion Control Services 12 4�.3 The surety must bo licensed todo business in the state of Texas. 4.0 Alternate Bids: Bidders may offer mn ^eque/^product aoen alternate bid. Final"approved equal"determination remains with the City. 4.8 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 nf submittal. The City will, to the allowed by |mw, endeavor to protect such information from disclosure. The final as to infonmaiion 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 submittal in responsetc,the Call shall baborneby the Bidder. 4.11 Payments:All payment terms shall be"Net 3O Days" unless otherwise mpeoifiodindhobid 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 Cdy'm mmboita at ,click on"Automated Clearing House Setup" 5'0 MMMISSION OF BIDS Bid document: Unless otherwise specified, Bidders are required to submit signed executed original and one scanned copy contained onaflash drive. Responses must besubmitted in on opaque sealed envelope with the Call number written on the outside of the envelope. 5.1 Documents required with the Submittal: The following additional documents must be submitted: 5.1.1 The completed and signed first page uf this Call; 5.1.2 The Price Offer on the Bid Solicitation Form(Part|-A);and 5.1.3 Any other document included in the Call requiring completion or execution bythe Bidder. 5'2 Addenda: Receipt cf any Addenda must be acknowledged by signing and returning the Addendum with the Bid. 5.3 Receipt of Submittals:Submittals must be received in the Purchasing Division prior to the Due Date and Time set forth in Part 1,Section 4.The submittal must be received by the Purchasing Division and time-stamped before deadline to be considered.All submittals 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 record. It is the sole responsibility of the Bidder to ensure timely delivery of the submittal 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. Submittals delivered to a City location other than the Purchasing Division will not be |Tacuo1so Installation m Erosion Control Services 13 6.0 6.1 Modification of Bids: Bidders may modify their submittal if it is withdrawn and resubmitted prior tu the Due Date. 6.2 Withdrawal of Bids: Submittals may be withdrawn by submitting a written request tothe Purchasing Manager at any time prior to the Duo Date. Electronic submission of notice to withdravvaaubmitta|isaucoptab|mon|ongaathemquestiaoignadbytheBidde/odu|yauthohzed representative. Proof ofsame 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 submittals may be withdrawn after the Due Date without a showing of good cause or unless there is a material error inthe bid or proposal. 7.0 SURMIUALS- The Purchasing Division representative responsible for opening bids or proposals shall personally and publicly open all submittals timely nooek/ed, reading each aloud including the name of the bidder and the price provided. B'D 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Call(unless otherwise specified). However, the City may evaluate and award a contract for any item or group of items shown on the Call, cx any combination deemed most advantageous &nthe City. Responses that specify an"all or none"award may be considered if a single award is advantageous. 8'2 Correction of Errors: Prices provided shall be used for analysis and will be the basis for contract award. 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. 8.5 Responsible/Responsive Bidder: 8.5.1 &responsive bidder kadafinedUmbe one who submits a complete submittal packet within the stated time deadline and in accordance with these specifications. 8.5.2 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. 9.0 Award.Acontract, hereinafter called the ~AAnaoment'. ohoU be awarded to the bidd bidder(s) with the lowest price bid and whom are otherwise que|ifi d and competent, or to the bidder(o)offering the best value to the City, unless the City exercises its rights to reject all bidders and not award acontract. 9'0 POST-BID DOCUMENTS REQUIRED 91 Certificates of Insurance: The successful bidder must provide CartifiooteocfInsurance in the amounts and for the coverages required as stated in Attachment D to the Agreement. See Also,Attachment Ato the Agreement, Part|. Paragraph 5.0. 9'2 Payment and/or Performance Bonds: When Payment ond/orPerformance Bonds are required as per Texas Government Code Chapter 2253,et seq.,as amended,the successful bidder must provide the bonds, |n the amounts and on the conditions required, within 14 calendar days after notification of award,or as otherwise required by the Call.A Payment Bond is required rrazo-01nn Installation m Erosion Control Services 14 - . for e contract greater than$5O.UOO and a Performance Bond bnaquirod�vacun�aotgroete than $100.000. r an 9.3 Minority Business Enterprise(MBE)Documents- If an MBE goal has been established for the bid, the applicable documents Inug 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: K the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested PamUoo Form 1295mnd submit the form to the Purchasing contact before the purohaoe/nonbactvvi|| be presented to the City Council. The form may be completed at https://www.ethicE;.state,tx.us/whatsnew/elf info . 10.0 10.1 Bidders who respond to a Call have the right to protest the procurement pnnuouo or the contract award if they believe that there has been any impropriety or unfair criteria in the process. 18.2 The bidder must submit any protest in writing to the Purchasing Manager within 14 days after the bidder 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 or correspondence including by mail, email or in-person meetings with the protesting party. 10.4 After said discussions or meetings, the Purchasing Manager ordesignee will issue o decision in writing, state the reasons for the action taken and inform the protesting bidder of the right to review bya panel made upof city staff. 10'8 A protest review panel will consist ofun ` Assistant � AMorneya representative ofthe operating department and any other appropriate or omp|'`'~no of the oponoperatingdopa�montandthePumohaaingK0enoger. personnel 10'6 |f the panel iu unable to resolve the protest,urif the panel makes o decision with which the bidder does not agree,the protesting bidder will be informed nfdo right, o member of the general public,toa�end any manhnQof the C�yCouncil and ns.e known --concerns. 10.6.1 Contractors wishing to speak before the City Council should review the rules for registering tn appear before City Council located cd: on the City'a 11.0 THE AGREEMENT The Agreement shall consist of the Call and its attachments,bidders response to the Call and such other parts and additional attachments ao are specified in the Call and Agreomant The Agreement im intended by the po�lesuoo �nal expression of and is intended aaaoomp|e- � and nxuuoivo �aUemantof the terms of their understanding oo8o the scope of work,oompenoaU--and to^~aand cond�Unnn.No course ofphordaoUnga between the padieoand nn usage ofbod-~' aUbo ~~^ant tn supplement or explain any term used in�e/�|neamenL Acceptance ofora--- suen`~'�-the coumeofpa�omnonco under the Agreement nhmUnot bana|evant0odebannine-`--enni~~ ~ th �xom meaning e Agreement even though the accepting orocqu i -� --- --'—''-- ~~'^ "' cquoocmgpa�y�aoknowledge of the performance and opportunity for objection. See Part|V for the Agreement. maam15oinstallation of Erosion Control Services 15 . 110 Contract administration will be performed by the City Department on whose behalf the Call was issued. /n the event the bidder fails to pedhnn according to the bamoo of the agreement, the Dapadment head or his/her designee mjUnobfythe bkider. inwr�ng. of�mfai|urem Amewhngmay be arranged to discuss the deficiencies. The process to cure or resolve disputes in the Agreement, Attachment/\ Part|/. Paragraph 18 shall govern. 13.8 13.1 Should other governmental onUdms decide to participate in this contract, bidder, ohoU indicate in their proposals whether they agree that all tonna. cond�onn ope�5oabnn and pricing would apply. ' ' 13.2 If the aucoaonfu| bidder agrees to extend the resulting nonbonL to other governmental onUtiee. the following shall apply: Governmental entities utilizing Contracts with the City of Fort Worth uhuU be ehgib1e, but not ubUgehmd, to punohoon material/services under this contract(s) awarded aaa result of this Call.All purchases by governmental ontkiamo�he,than�heChyofFo� VVo�heha8be billed dinaoUy&o that governmental entkyand paid by that governmental entity Tho City of Fort Worth shall not be responsible for another governmental entity's debts. ' och governmental enbtyxhaUorder hvm onnmah*he|/aemineoaaneeded � nau0-u15m Installation m Erosion Control Services 16 PART® III ATTACHMENTS A-F (Behind this cover sheet are Attachments A-F) ITB 20-0150 Installation of Erosion Control Services 17 ATTACHMENT ~A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant hm Chapter 17Ocf the Local Government Code,any person nr agent ofe 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 cf Fort Worth) must disclose in the Questionnaire Form C|(l ("Questionnaire") the penaon'a affiliation ur business relationship that might cause a conflict of interest with the local governmental nnUiy uy|avv. the Quoahunnoiramust bo filed wkhthe Fo�VVodhCity 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 bida, correspondence, or another writing related to a potential Agreement wkhthe Cky. Updated C>ueotionnainsomust be0edn conformance ~^with Chapter 178. A copy o(the Questionnaire Form C|Ois enclosed with the submittal dooumexta The fomoioa�oavailable at ' . If you have any questions about compUmnue, please nunouk your own legal counsel. Compliance is the individual responsibility of each person '' ' on or agent ofe person who is subject the�U g requirement. An offense under Chapter 176 ise Class Cmisdemeanor. NOTE: If you are not aware ofa Conflict mf Interest in any business relationship that you mighthwwe with the City,state Contractor nernm;m the#1, use N/A im each mf the areas om the fonn �e m signature im required|m the#4box in all ' However, U (Form follows) FORM 1295— Under the Texas Government Code, Ch.2252.908, a contractor doing business with the City Fort Worth with mn initial contract value which requires city council approval will mm|eem otherwise exemmptad. be required tomabmm}ta Form 1295.See Part VX,Sec.3�� ' |Teco*1oo Installation ov Erosion Control Services 18 CONFLICT INTEREST QUESTIONNAIRE FORS CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.S.23,84th Leg.,Regular Session. OFFICE1tSEONLY This questionnaire is beutg filed in accordance with Chapter 176,Local Government Code.by a vendor who has a business relationship as defined by Section 176.001(1•a)with a local governmental entity and the has Received ns vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with 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 it the vendor knowingly violates Section 176,006,Local Government Code.An offense under this section is a misdemeanor. 1 Name offv vendor who has a business relationship with local governmental entity. -A 2 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 authority 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 whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A).Also describe any family relationship with the local government officer. Compete subparts A and 8 for each employment or business relationship described.Attach additional pages to this Form CIO as necessary, A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other han investment income,from the vendor? Yes ®No B. is fete vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local govemment officer or a family member of the officer AND the taxable income is not received from the local•wvernmental entity? Oyes IS4No 5 Describe each em emp loyment yment or business relationship that the vendor named in Section i maintains with 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. 6 ❑ Check this box N the vendor has given the local government officer or a family member of the officer one or more gifts as descnoed in Section 176.003(a)(2)(B),excluding gifts described in Section 176.003(a-1). 7 AP Signalurd c f vendor doing business wi tj governmental entity O Elite N Nn Form provided by Texas E-hics Commission www.ethics.state.tx.us Revised 11r30120t5 ATTACHMENT CONTACT INFORMATION Bidder's Name: Sharon Douglas Bidder's Local Address: 6825 Manhattan Blvd., Fort Worth TX 76120 Phone:817429-2443 Fax:NA Email: sdouglas@potereconstruction.com Name of person assigned specifically for this Agreement: Name/Title:Sharon Douglas CEO/owner Phone:817-429-2443 FaxNA Email:sdouplas(a7potereconstruction com Name of persons for renewal information and/or billing questions: Name/Title:Sharon Douglas CEO/Owner Phone: 817-429-2443 Fax:NA Email:sdouplas(7potereconstruction com Name/Title Phone: Fax: Email: Cttog- Sig a ure Printed Name Dale ITB 20-0150 Installation of Erosion Control Services 20 . . ATTACHMENT— C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Chaptmr2,Article|, Section 2-14 of the Fort Worth Code cdOrdinances authorizes the City Council, when considering competitive sealed bids' to enter into a contract for certain purchases with m bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid iswithin 3or5 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 mf price and other economic benefits to the municipality. Requests to be considered n local business must besubmitted 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 nr request package. The Fort Worth Qb/ Council requires the following information for consideration of location of bidder's principal place of business.Add additional sheets if needed to provide this information. 1. LoceUnnai Eligibility: Principal Place of Business in Fort Worth,Texas. a. oo you have a Fort Worth office? If yes, identify address: PmtemsConStn][timD 6825 Manhattan Blvd. Fort Worth,TX 76120 b. What percentage of estimated gross company sales (worldwide)are sales originating in Fort Worth?"Originating 7n Fort Worth"shall mean payable at the Fort Worth�fficn [must exceed 5O96] xXxxxxxxxxx ' 2. Economic Development opportunities resulting from contract. o. Number of Fort Worth veyident-emp|uyeen? 14 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 isnewly- established)? Certification ofinformation: The undersigned does hereby that the information supplied ls true and correct ammfthe date hereof, under penalty mfperjury. Pot ere~ 61V4/2u (Company Name) (Date) Sharon Douglas (Signature) U (Printed Name and Title) |Taun'o1so Installation q,Erosion Control Services 21 ATTACHMENT REFERENCET 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 ITS.The City will be the sole judge of references. Please use additional sheets. 1. Company's Name United States Corps of Engineers Name of Contact Lori Gardner Title of Contact OXBOW A&C Present Address 819 Taylor Street City,State, Zip Code Fort Worth,TX 76102 Telephone Number (817-886-1910) Fax Number( ) Email Lori.t.gardner@nsaee.army.mil 2. Company's Name W,'bh,, Name of Contact Yq 5 Title of Contact � -,� Present Address s' h - City,State,Zip Code <- aecd c�S 7 g`/ Telephone Number ( (�) Z; .— 44 Fax Number( ) Email .5Z!� A/4S" ® Wry e bbeje- . Gdw,. 3. Company's Name (2--Y-A--yt I �e— Cf M 5 Name of Contact e— Title of Contact 5 Present Address 701 .M,4 City,State,Zip Code L.e W'rSVt %.,i -A-K 7SdS? Telephone Number ( � ) 414 • 32pc� Fax Number( ) Email CUk1rtC. �Q r+' i ITB 20-0150 Installation of Erosion Control Services 22 ATTACHMENT D INSURANCE AND ATTACHMENT D-1 BONDING (if necessary) (Behind this page are the City's standard insurance requirements and,if necessary, payment and performance bond forms) ITB 20-0150 Installation of Erosion Control Services Page 20 of 21 Contractor Services Agreement ATTACHMENT E VERIFICATION OF SIGNATURE AUTHORITY Contractor:Potere Construction LLC Address: 6825 Manhattan Blvd. City,state,zip:Fort Worth,TX 76120 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: Position: Sharon Douglas CEO/OWNER Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Date: 8/07/2020 ITB 20-0150 Installation of Erosion Control Services Page 21 of 21 Contractor Services Agreement Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Traci Akin / r~AW Name of Employee/Signature Sr. Administrative Assistant Title ❑ This form is N/A as No City Finds are associated with this Contract Printed Name Signature ATTEST: Mary J. Kayser,City Secretary M&C Review Page I of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoR��RTi REFERENCE **M&C 20- 13P INSTALLATION OF DATE: 9/1/2020 NO.: 0615 LOG NAME: EROSION CONTROL SERVICES TPW ADK CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize an Agreement with C. Green Scaping, LP in an Annual Amount Up to $102,800.00 and with Potere Construction, LLC in an Annual Amount Up to $28,500.00 for Installation of Erosion Control Services for the Transportation and Public Works Department RECOMMENDATION: It is recommended that the City Council authorize individual agreements with C. Green Scaping, LP in an annual amount up to $102,800.00 and with Potere Construction, LLC in an annual amount up to $28,500.00 for installation of erosion control services for the Transportation and Public Works Department and authorize annual renewals to provide up to five years of service. DISCUSSION: The Transportation and Public Works Department (TPW) approached the Purchasing Division with the intent to procure services for the installation of erosion control blankets and silt fences. TPW will use the blankets and fences to help prevent surface erosion from run-off and maximize the potential for establishing vegetation. All products and materials will be provided to the job site by TPW/Stormwater Operations Division. The Invitation to Bid (ITB)was advertised in the Fort Worth Star-Telegram on Wednesday's, from May 20, 2020 through June 3, 2020. Purchasing received two responses, and subsequently chose to award portions of the bid to each vendor. Potere Construction, LLC., will be awarded $28,750.00 and C. Green Scaping, LP will receive$102,800.00. The Purchasing Division evaluated each vendor's response and determined that this would be the most cost effective plan for the City, as well as, providing opportunities for multiple vendors to benefit from the contract. Each vendor has been awarded the contract to provide the installation of the services as listed below: C. Green Scaping, LP Installation of Curlex II-Double Net Straw Installation of SC250-70/30 Straw/Coconut Blanket Installation of C125-100\% Coconut Blanket Installation of C350 Turf Mat High Velocity Protection/Composite Turf Reinforcement Mat Installation of P550 Turf Mat Extreme Velocity Protection Potere Construction, LLC Installation of Silt Fence 12 Gauge or Similar Installation of Silt Fence 14 Gauge or Similar M/WBE: An MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity AGREEMENT TERM—The agreements are for a pro-rated first year to coincide with the fiscal year, which ends September 30 with options to renew up for four(4) additional one-year terms and a fifth littp:Happs.cfwnet.org/council_packet/mc_review.asp?ID=28184&councildate=9/1/2020 9/2/2020 M&CDeviep/ Page 2o[2 renewal if necessary to complete the pro-rated year, each renewal at the city's discretion. FISCAL . The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Stormwater Utility Fund to support the approval of the above recommendation and award of the contracts. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. 8ON\\ TO --b-e—pa t _Pr—oiectT�iogra-m Ac Fi4y _biu et ___ke_fer,�_�"_ce Arr oun Fund rtme—nt"- Acco6��T Y�d�g R FROM rograrn ID ID rtfield 2 Submitted for City Manager's Office by: Jay Chapa /58U4> Dana Burgdoff(4554) Originating Department Head: Reginald Zeno (8517) Additional Information Contact: Cynthia Garcia (8525) Ashley Kadva (2047) ATTACHMENTS kkn:/6npna.ofwoct.oru/u0000i| nuokct/inc_rev/cvv.uxp?llJ=28184&uounuUdn1e=9/1/2O2U 9/2/2020