HomeMy WebLinkAboutContract 54506 CSC No.54506
CONTRACTOR SERVICES AGREEMENT
(Emergency Concrete/Steel Pipe Repair)
ITB /RFOt No.20-0120
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 Thompson Pipe Group_
("Contractor"),an entity authorized to perform work in Texas,acting by and through its duly authorized
authority. This Agreement shall be effective as of the Effective Date established herein.
AGREEMENT DOCUMENTS:
The additional dociuments comprising this Contractor Services Agreement shall include the
following:
I. Attachment A- Standard Terms and Conditions,Parts I and II;
2. Attachment 8 -The City's Invitation to Bid("ITB"), excluding Part V,Attachments E and F
thereto;
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 terns 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 Emergency Concrete Pipe Repair Services for the City of
Fort Worth Water Department as per Attachments B and C which more specifically describe the
services to be provided hereunder.
2. TERM
This Agreement is �ffective as of the date subscribed below by the City's designated Assistant
City Manager ("Effective Date") and shall expire on the immediately following September 3011'("Initial
Term"). Upon the expiration of the Initial Tenn. the Agreement shall renew automatically under the same
terms and conditions for up to four (4) one-year renewal periods (October I 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 Tenn 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 teen shall be the amount of 195,000 ("Contract
Amount"). Contractor shall not perform any additional services or bill for expenses incurred for City not
specified by this Agreement unless City requests and approves in writing the additional costs for such
services. City shall not be, liable for any additional expenses of Contractor not specified by this
Agreement unless City first approves such expenses in writing.
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Contractor Services Agreement OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
4. TERMINATION/CANCELLATION
Termination: The C',ity 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-A-opronriation'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
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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 respondent
superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its
officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between City and
Contractor. It is further understood that City shall in no way be considered a co-employer or.a joint
employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor.
Neither Contractor, nor any,officers, agents, servants, employees or subcontractor of Contractor shall be
entitled to any employment'benefits from City. Contractor shall be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or
subcontractor.
7. LIABILITY AND INDEMNIFICATION
LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,
AGENTS,SERVANTS OR',EMPL0YEES.
INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND
ANY RESULTING LOST(PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE
OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8. ASSIGNMENT
Contractor shall not assign any of its duties, obligations or rights under this Agreement without
the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a
written agreement with City; and Contractor under which the assignee agrees to be bound by the duties
and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly liable for all
obligations of Contractor under this Agreement prior to the effective date of the assignment.
9. INSURANCE AND BONDING
Contractor shall provide City with certificate(s) of insurance documenting policies of the types
and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect
prior to commencement of any work pursuant to this Agreement as provided for in Attachments D and D-
I, attached hereto and incorporated herein.
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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,
ordin ances, rules and regulations as set forth in Attachment A, Part II, Section 14. If City notifies
Contractor of any violation of such laws, ordinances, rules or regulati ons, Contractor shall immediately
desist from and correct the violation.
11. NON-DISCRIMINATION COVENANT
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in
interest , as part of the consideration herein, agrees that in the performance of Contractor's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law, including Chapter 17, Article III, Division 3 of the Fort
Worth Code. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES,
ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES
TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD
CITY HARMLESS FROM SUCH CLAIM.
12. NOTICES
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered wben, (1) hand-delivered to the other party, its agents, employees, servants or
representative,s(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: Project Manager/Buyer's Name and Title _Thompson Pipe Group -Pressure_
200 Texas Street
Fort Worth, TX 76102-6314 Phone: 972-262-3600---
Email: _ _ Facsimile: _ _ _ _ _ _ _ _ _ _ _
Phone________ ___ Emall:_pwhiteley@thompsonpipegroup.com_
Facsimile: (817)392-8654
With copy to Fort Worth City Attorney's Office at
same address
13. SOLICITATION OFEMPL.OYEES
Neither City nor Contractor shall, during the term of this Agreement and additionally for a period
of one year after its termination, solicit for employment or employ, whether as employee or independent
Contractor, any person who is or has been employed by the other during the term of this Agreement,
without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision
shall not apply to an employee of either party who independently responds to a general solicitation of
advertisement of employment by either party.
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Contractor Services Agreement
14. GOVERNMENTAL POWER
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
15. NO WAIVER
The failure of City'or Contractor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
16. GOVERNING LAW /VENUE
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action,whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas,Fort Worth Division.
17. SEVERABILITY
If any provision of,this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
18. FORCE MAJEURE
City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, acts of the public'enemy, fires, strikes,lockouts, natural disasters, wars,riots,material or labor
restrictions by any governmental authority and/or any other similar causes.
19. AMENDMENTS/MODIFICATIONS/EXTENSIONS
No amendment, modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
20. ENTIRETY OF AGREEMENT
This Agreement, including its attachments and exhibits, contains the entire understanding and
agreement between City and Contractor, their respective assigns and successors-in-interest, as to the
matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null
and void to the extent in conflict with any provision of this Agreement.
21. W Rf�RANTY
Contractor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. Contractor warrants that it will perforn 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
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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. PROMBITION 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 tern 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 perfonnance 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 riles 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. SI NAT THE AUTHO iTY
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
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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.
ACCORD IN GLY,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 WORIB: CONTRACTOR:
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By: Dana Burghdoff( p22,2o 09:06CDT) By.
Name: Dona kwrS( Ja Name: Detlev Schlorke
Title: Assistant City Manager Title: President
Date: 9-15-2020
Date:
APPROVAL RECOMMENDED:
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By: Christopher H rder(Sep 17,202010:48 CDT)
Name: CAK31100W P. 1401der
Title: PE D;rec.*or Wghr Department
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By: ��nEXAsa4b
Name: .Mary J.Kayser
Title: City Secretary
APPROVED AS Aj.�S TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER:
� By signing I acknowledge that I am the person
By: 313lack(Sep18,202015:01CDT) responsible for the monitoring and
Name: Douglas W Black administration of this contract, including
Title: Sr.Assistant City Attorney ensuring all perfonnance and reporting
CONTRACT AUTHORIZATION: requiremen s.
M&C: _ 20 - 0l /6_
Date:— g- 1 -20 20
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2020-644538 By: Kimberly Poo(Sep 17,2020 08:18 CDT)
Name-: K;mbv'ly Poo f
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1TB No.and Project Title Page 7 of 21
Contractor Services Agreement OFFICIAL RECORD
CITY SECRETARY
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 naive, 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 services provided
without an Agreement signed by an authorized city representative.
3.0 UNIT PRICE ADJUSTMENT
3.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during a
renewal period but not before the effective date of a renewal and only upon written request from
the Contractor.
3.2 The Contractor, must submit its price adjustment request, in writing, at least 60 days
before the renewal;effective period. The Contractor shall provide written proof of cost increases
with price adjustment request.
3.3 If the City does not accept the proposed rate increase,the City reserves the right to adjust
the rate request, or reject the rate request in its entirety and allow the contract to expire at the end
of the contract term'.
3.4 Prices bid or adjusted with a renewal, shall remain firm for each correlative term of the
Agreement.
3.5 Upon expiration of the Agreement terns, 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.
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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 REQUIREMENTS
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 iri 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.
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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 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 minim-am, 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 conforins to the agreement
requirements and is free from any defect in workmanship, equipment, material, or design
furnished by the Contractor or any supplier at any tier.
9.1.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without
additional cost to the City of Fort Worth, any and all defective work and products. The
City defines "prompt" repair or replacement to be within twenty- four (24) hours after
notification by authorized City personnel.
9.1.3 This warranty shall continue for a period of 90 days from date of acceptance of
products and work by the City.
9.1.4 The Contractor shall remedy at the Contractor's expense any non-conforming or
defective products or work. In addition, the Contractor shall remedy at Contractor's
expense any damage to real or personal property owned by the City of Fort Worth, when
that damage is the result of a defect of products furnished.
9.1.5 The Contractor's warranty with respect to products repaired or replaced will run
for 90 days from date of installation and acceptance of such by the City.
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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 Fart 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.
lo.o 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
i i.o 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 sballgovern.
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
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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 INTELLECTUAL PROPERTY
13.1 If applicable to the services being provided, the CONTRACTOR warrants that all
Deliverables, or any part thereof, furnished hereunder, including but not limited to:
programs, documentation, software, analyses, applications, methods, ways, and processes
(in this Section each individually referred to as a "Deliverable" and collectively as the
"Deliverables,")do not infringe upon or violate any patent,copyrights, trademarks, service
marks, trade secrets, or any intellectual property rights or other third party proprietary
rights, in the performance of services under this Agreement.
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
1TB No.and Project Title 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 CONDITION
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.
1TB No.and Project Title 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 PROWBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of City shall have a financial interest, direct or indirect, in any contract
with City or be financially interested, directly or indirectly, in the sale to City of any land,
materials, supplies or services, except on behalf of City as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee
found guilty thereof shall thereby forfeit his office or position. Any violation of this section
with the knowledge, expressed or implied, of the person or corporation contracting with the City
Council shall render the contract invalid by the City Manager or the City Council.
(Chapter XXVII, Section 16, City of Port 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
1TB No.and Project Title 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 PROWBITED
Contractor is not authorized to ship the goods under reservation, and no tender of a bill of lading
will operate as a tender of goods.
8.0 TITLE AND RISK OF Loss
If applicable to the scope of work, the title and risk of loss of the goods shall not pass to City
until City actually receives and takes possession of the goods at the point or points of delivery
after inspection and acceptance of the goods.
9.0 PLACE OFDELIVERY
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.
lo.o RIGHTOFINSPECTION
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.
ii.o 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 pennission of the Contractor; however City may make copies of the software
expressly for backup purposes.
12.0 OWNERSIIIP 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.
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Contractor Services Agreement
13.o 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.
is.o 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(I-
9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting
eligibility documentation for each employee who perfonns 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 perfonned 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 TffiS 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 REOUIREMENTS
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, pen-nits, 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.o 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
1TB No.and Project Title Page 16 of 21
Contractor Seivices 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 intended audits,but no less than ten (10) business days.
is.o DISABU.IJY
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 CURE/DISPUTE RESOLUTION
19.1 If either City or Contractor has a claim, dispute, or other matter in question for breach of
duty, obligations, services rendered or any warranty that arises under this Agreement, the parties
shall first provide a reasonable time to cure and then attempt to resolve the matter through this
dispute resolution process. The disputing party shall notify the other party in writing as soon as
practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the
dispute and list the party's specific reasons for such dispute. Within ten (10) business days of
receipt of the notice, both parties shall make a good faith effort, either through email, snail,
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.
1TB No.and Project Title Page 17 of 21
Contractor Services Agreement
ATTACHMENT B
CALL FOR BIDS/PROPOSALS PARTS I -II
(Inserted behind this page)
1TB No.and Project Title Page 18 of 21
Contractor Services Agreement
FORT WORTH®
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: EVENT DETAILS
CFW01-20-0120 1
Event Round Version Submit To: City of Fort Worth
1 1 PURCHASING DIVISION
Event Name LOWER LEVEL CITY HALL
ITB - Emergency Concrete Steel Pipe Repair 200 TEXAS ST.
Start Time Finish Time Fort Worth TX 76102
06 11 2020 10:30:00 CDT 06 2s 2020 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Emergency
Concrete,Steel Pipe Repairs/Install for the Water Department as specified in the attached Invitation to Bid
(ITB).
Terms & Conditions
A pre-bid conference None
All bid documents can be view on the City of Fort Worth's PeopleSoft Supplier Portal in the"Bid
Opportunities"tile.
Bids will be accepted as usual by mail.To hand deliver bids:will be accepted from 8:30 am to 1:30 pm 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.gov/fArty/
Bids are solicited for furnishing the merchandise,supplies,services and/or equipment as set forth in this
solicitation.Completed Bids including one executed original,one copy and one USB flash drive containing
electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,06/25/2020, Bids must be submitted in
a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing
Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN
ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following
address:
City of Fort Worth, Purchasing Division,
Lower Level, City Hall,200 Texas Street, Fort Worth,Texas 76102
Bids delivered by special courier(i.e. Federal Express,Special Delivery etc.)are to be marked on the
outside of the courier s shipping envelope BID No.20-0120 Emergency Concrete/Steel Pipe Repair AND MUST BE
RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.
Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid.
Bids may be withdrawn at any time prior to the official opening. Bids may not be altered,amended or withdrawn
after the official opening.The undersigned agrees, if the bid is accepted,to furnish any and all items upon
which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in
this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date.
Will agreement be available for Cooperative Agreement use? Yes No
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 1 of 51
FORT WORTH®
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: ACT PIPE&SUPPLY INC
CFw01-20-0120 2 2585 N E 28TH ST
Event Round Version FORT WORTH TX 76111
1 1 United States
Event Name
ITB - Emergency Concrete Steel Pipe Repair Submit TO: City of Fort Worth
Start Time Finish Time PURCHASING DIVISION
06 11 2020 13:30:00 CDT 06 2s 2020 13:30:00 CDT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Company Name:
Company Address:
City, State,Zip:
Vendor Registration No.
Printed Name of Officer or Authorized Representative:
Title:
Signature of Officer or Authorized Representative:
Date:
Email Address:
Phone Number:
SECTION NO.TITLE PAGES
Part I-Cover Page of Final Bid Document -Bid Offer Sheet**V1
Part II-Final Bid Document -Instructions to Bidders V1
Part III-Final Bid Document-Purchasing Agreement Specifications V1
Part IV-Final Bid Document-Standard Purchasing Terms&Conditions
Attachment A-Bid Document -CONFLICT OF INTEREST DISCLOSURE**V1
Attachment B-Bid Document -BIDDER S CONTACT INFORMATION**V1
Attachment C-Bid Document -CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS**V1
Attachment D-Bid Document - REFERENCE SHEET**V1
Attachment E-Bid Document -HOW TO REGISTER WITH THE CITY OF FORT WORTH*V1
Attachment F-Bid Document- NO BID SHEET (If applicable)**V1
Attachment G-Bid Document -DETAILED SCOPE OF SERVICES/SPECIFICATIONS*V1
Attachment H-Bid Document-Vendor Service Contract Sample*V1
**Required to be completed and returned with bid offer to Purchasing Division
200 Texas Street Fort Worth,Texas 76102 Laurena Hamilton. (Bid#20-0120 must appear on outside bid packet)
Please return all documents with**
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 2 of 51
FORT WORTH
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: EVENT DETAILS
CFW01-20-0120 3
Event Round Version Submit To: City of Fort Worth
1 1 PURCHASING DIVISION
Event Name LOWER LEVEL CITY HALL
ITB - Emergency Concrete Steel Pipe Repair 200 TEXAS ST.
Start Time Finish Time Fort Worth TX 76102
06 11 2020 10:30:00 CDT 06 2s 2020 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
* Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as if
they were incorporated in full text. The full text versions of the * Sections are available on the Internet at
the following online address: http://fortworthtexas.gov/purchasing
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 3 of 51
FORT WORTH®
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: EVENT DETAILS
CFW01-20-0120 4
Event Round Version
1 1
Event Name
ITB - Emergency Concrete Steel Pipe Repair Submit To: City of Fort Worth
Start Time Finish Time PURCHASING DIVISION
06 11 2020 10:30:0o CDT 06 2s 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
ROUND TRIP CHARGE PER MILE 480.00 HR
Line: 2
Description: Qty Unit UnitPrice Total
WELDING SERVICES REGULAR 480.00 HR
HOURS 8:00 A.M.TO 5:00 P.M.
Line: 3
Description- Qtv Unit UnitPrice Total
WELDING SERVICES AFTER 500.00 HR
HOURS 5:01 P.M.TO 7:59 A.M.
Line: 4
Description: Qty Unit UnitPrice Total
MISCELLANEOUS SERVICE CHARGE 10.00 EA
Total Bid Amount:
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 4 of 51
ATTACHMENT G
CITY OF FORT WORTH DETAILED SPECIFICATIONS
FOR EMERGENCY CONCRETE/STEEL PIPE REPAIR
SCOPE OF WORK
1.0 Scope:
The intent of this ITB is to have emergency repairs, and or installations of concrete steel/pipe
throughout the City of Fort Worth on an as needed basis within two hours of the call. The
Contractor shall furnish all equipment, labor and materials necessary to install, remove and/or
repair concrete/steel pipe, 16"to 54,". The contractor shall handle all operations necessary to
complete the construction for the pipe laying,jointing, and testing of all systems in relation to the
welding services in the repair of emergency concrete and steel pipe for the purpose of Water
main breaks.
2.0 Job Requirements:
Jobs may contain but are not limited to the following:
2.1 Tapping -(Hot, dry, pressure tapping, and emergency taps)-the ability to connect by
either drilling or cutting into a pressurized system so that the system can remain in
service. Contractors will use tapping sleeves and valves to facilitate the tapping process
for pipe 16"to 54" in diameter.
2.2 Emergency pipeline closures -welding services shall be performed on pressurized
systems. Contractors will be required to have the proper equipment and staff for a two-
hour response time.
2.3 Repair saddles and clamps- materials shall be provided by the contractor to repair 16"
to 54" pipe.
2.4 Slip lining with steel pipe or split cans-contractor shall provide carrier pipe for slip
lining steel pipe repair and the proper winching, and or pushing machine insulation for 16"
to 54" pipe.
2.5 Inspections- Contractor is responsible for visual pipeline inspections, identify joint types,
damages, and repair options. Contractors shall comply with all applicable,federal, state
and local laws, ordinances, rules, and regulations pertaining to the inspection guidelines.
Inspections must be approved by City inspectors as well as any Code compliance
requirements.All inspections will be performed in compliance with City time lines.
2.6 Materials—All materials used must be to applicable standards of the American Society
for Testing and Materials (ASTM),the American Association for State Highway and
Transportation Officials (AASHTO), and the American Water Works Association (AWWA)
has been made part of this Specification. Refer to www.concretepipe.org/specifications.
3.0 Responsibility
3.1 Contractor is responsible for suppling the below to the City for pipe installation, repair
or removal. Contractor must be able to provide all materials at the time of job notification
that meet specified requirements listed. Below are the items required but not limited to for
services by Contractor.
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 28 of 51
3.1.1 Bar-wrapped cylinder concrete pipe (AWWA C303, or CCP, P-303 Pretension
Concrete Cylinder Pipe, Concrete Cylinder or B-303 pipe)
3.1.2 Fiberglass reinforced Plastic (FRP)
3.1.3 Fiberglass Reinforced plastic mortar(FRPM)
3.1.4 Glass Reinforced Plastic(GRP)
3.1.5 Prestressed, restressed concrete cylinder pipe, PCCP
3.1.6 Prestressed concrete lined cylinder pipe(AWWA, C301, L-301, E-301, or SP-5)
3.1.7 Prestressed concrete embedded cylinder pipe (AWWA, C301, E-301, or SP-12)
3.1.8 Prestressed concrete noncylinder pipe(NC-301, SP-23, SP-28, or SP-31)
3.1.9 Polymer pipe
3.1.10 Reinforced concrete cylinder pipe (AWWA C300, V-300, SP-3, ASTM C76,
ASTM C655 or AASHTO M170)
3.1.11 Reinforced Concrete noncylinder pipe (C302, SP-1, SP-25, SP-32, ASTM C361)
3.1.12 Reinforced polymer mortar pipe (RPMP)
3.1.13 Steel Pipe (S-200)to meet the requirements of AASHTO M-36
3.2 Earthwork- Contractor will provide earthwork as job may require including trench
excavation equipment and back fill equipment.This includes but is not limited to any
equipment needed to insure proper install of all materials assigned by City.
3.3 Cement for mortar- used in the construction shall conform to the requirement of ASTM
C-150, Type ll, sand shall conform to the requirement of AASHTO MS-45.
3.4 Warranty-All items offered shall carry the standard warranty of the manufacturer,
beginning on the date items are placed into service by the City. No repair or service work
provided on any existing equipment shall void the existing warranty on the equipment.
3.5 Hours of service—This a 24 hour, seven days a week service which requires response
within two hours of the call. Regular hours are 8:00a.m. to 5:00 p.m. CST Emergency
hours are 5:01 p.m.to 7:59 a.m. CST.
4.0 The Contractor shall notify the Contract Administrator in writing of any changes from the
manufacturer.The Contract Administrator shall have the right to approve or disapprove any and
all substitutions.This will include any sub-contractors assigned to the work.
5.0 Bond Requirements-A bond contract is required for the term of the contract to insure the
requirement of insurance as listed below and the quality of materials meets all required standards
of the American Society for Testing and Materials (ASTM), the American Association for State
Highway and Transportation Officials (AASHTO), and the American Water Works Association
(AWWA).
6.0 Safety-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 licenses, all Federal, State, County, and City Agencies,
Administrations and Commissions such as the Environmental Protection Agency(EPA),
Occupational Safety and Health Administration (OSHA), and the Texas Commission on
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 29 of 51
Environmental Quality(TCEQ).The Contractor must be thoroughly familiar with all prevailing
safety measures pertinent to its operations.This shall include, but not necessarily be limited to
Environmental Health Agency(EPA) regulations, Fort Worth City Ordinances, and Occupational
Safety and Health Agency(OSHA) regulations. In addition, the Contractor shall be wholly
responsible for instructing its employees in these safety measures and seeing that they are fully
executed with in every respect.The Contractor is responsible to insure all workers are certified to
perform task.
7.0 Hazards-The Vendor is required to notify the City immediately of any hazardous conditions
and/or damage to City property. The Contractor shall at no time permit placing or use of
equipment in such manner as to create safety hazards. Contractor personnel shall provide
appropriate warning devices when necessary and cooperate in the fullest in allowing through
passage of other vehicles and personnel, even to the point of interrupting their own work, if
necessary.
8.0 Defective Work and Damages-The Contractor shall be wholly responsible for and shall
promptly correct or restore all defective work or damages to any/all City facilities caused by its
activities. Restoration and correction shall be to the complete satisfaction of the City. This shall
apply to any part of a building, its appurtenances, the adjacent grounds, or any other tangible
damage incurred in the performance of the Contract. Failure by the Contractor to proceed
promptly with corrective actions may be cause for cancellation of this Contract with amount(s)
necessary to correct defective work and/or damage being withheld from payments due or to
become due to the Contractor.
9.0 Clean Up-The Contractor shall keep the premise free at all times from accumulation of waste
materials or rubbish. At the completion of the work,the Contractor shall remove all waste and
rubbish from and about the work area, as well as tools, equipment and surplus materials, and
shall leave the area as clean and as free of spots,stains, etc., as before the work was
undertaken.
10.0 Regulations- Contractor shall comply with all applicable federal, state, and local laws,
ordinances, rules, and regulations pertaining to the performance of the work specified herein
even if they come into effect after the start of this agreement.All mandates requiring the City to
comply with new guidelines will also require the City Contractors to comply.
11.0 Performance- Failure of the City to insist in any one or more instances upon performance of any
of the terms and conditions of this contract shall not be construed as a waiver or relinquishment
of the future performance of any terms and conditions, but the Contractor's obligation with respect
to such performance shall continue in full force and effect.
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 30 of 51
ATTACHMENT C
CONTRACTOR'S RESPONSE TO CALL FOR
BIDS/PROPOSALS
(Inserted behind this page)
1T6 No.and Project Title Page 1.9 of 21
Contractor Services Agreement
FORT WORTH.
v CITY OF FORT WORTH BID OFFER
EventlD
CFWOI-20-0120 Page Invited: EVENT DETAILS
Event Round Version 1
1 1 Submit To: City of Fort Worth
Event Name PURCHASING DIVISION
ITB - EmergencV Concrete Steel Pie Repair LOWER LEVEL CITY HALL
Start Time Finish Time 200 TEXAS ST.
06 11 2020 20.30.00 CDT 06 25 2020 13:30:00 CDT Fort Worth 76102
United Stateses
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Emergency
Concrete,Steel Pipe Repairs/Install for the Water Department as specified in the attached Invitation to Bid
(ITB).
Terms &Conditions
A pre-bid conference None
All bid documents can be view on the City of Fort Worth's PeopleSoft Supplier Portal in the"Bid
Opportunities"tile.
Bids will be accepted as usual by mail.To hand deliver bids:will be accepted from 8:30 am to 1:30 pm 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.gov/fArty/
Bids are solicited for furnishing the merchandise,supplies,services and/or equipment as set forth in this
solicitation.Completed Bids including one executed original,one copy and one USB flash drive containing
electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,06/25/2020,Bids must be submitted in
a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing
Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN
ORDER TO BE CONSIDERED.Bids shall be mailed or hand delivered to the following
address:
City of Fort Worth,Purchasing Division,
Lower Level,City Hall,200 Texas Street, Fort Worth,Texas 76102
Bids delivered by special courier(i.e.Federal Express,Special Delivery etc.)are to be marked on the
outside of the couriers shipping envelope BID No.20-0120 Emergency Concrete/Steel Pipe RepairAND MUST BE
RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.
Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid.
Bids may be withdrawn at any time prior to the official opening.Bids may not be altered,amended or withdrawn
after the official opening.The undersigned agrees,if the bid is accepted,to furnish any and all items upon
which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in
this document.The period for acceptance of this bid will be 90 calend r days after the bid opening date.
Will agreement be available for Cooperative Agreement use? Yes �, No
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 1 of 51
FORT WORTH.
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: ACT PIPE&SUPPLY INC
CFWOI-20-0120 2 2585 N E 28TH ST
Event Round Version FORT WORTH TX 76111
1 1
Event Name United States
ITB - Emer enc Concrete Steel Pipe Repair Submit To: City Of Fort Worth
Start Time Finish Time PURCHASING DIVISION
06 11 2020 13.30:00 CDT 06 25 2020 13:30:00 CDT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned,by his/her signature,represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Company Name: - 7";te.s '[,re
Company Address: 100
City,State,Zip: (;r0ejCt �/' � y r( 7S051)
Vendor Registration No. MX0 4 2 (p 2 a
Printed Name f Officer or Authorized Representative: /✓ 414,V
Title:
Signature of Officer or Authorized Representative:
Date: (; 3.)D 11.D
Email Address: p W I7Pt-P�� cmje!Jae
r
Phone Number:_ �� 313- a S1 7
SECTION NO.TITLE PAGES
Part I-Cover Page of Final Bid Document -Bid Offer Sheet**V1
Part II-Final Bid Document -Instructions to Bidders V1
Part III-Final Bid Document-Purchasing Agreement Specifications V1
Part IV-Final Bid Document-Standard Purchasing Terms&Conditions
Attachment A-Bid Document -CONFLICT OF INTEREST DISCLOSURE**V1
Attachment B-Bid Document -BIDDER S CONTACT INFORMATION—V1
Attachment C-Bid Document -CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS**V1
Attachment D-Bid Document - REFERENCE SHEET**V1
Attachment E-Bid Document -HOW TO REGISTER WITH THE CITY OF FORT WORTH*V1
Attachment F-Bid Document- NO BID SHEET (If applicable)**V1
Attachment G-Bid Document -DETAILED SCOPE OF SERVICES/SPECIFICATIONS*V1
Attachment H-Bid Document-Vendor Service Contract Sample*V1
**Required to be completed and returned with bid offer to Purchasing Division
200 Texas Street Fort Worth,Texas 76102 Laurena Hamilton.(Bid#20-0120 must appear on outside bid packet)
Please return all documents with**
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 2 of 51
FORT WORTH.
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: EVENT DETAILS
CFW01-20-0120 3
Event Round Version Submit To: City of Fort Worth
1 1 PURCHASING DIVISION
Event Name LOWER LEVEL CITY HALL
ITB - Emergency Concrete Steel Pipe Repair 200 TEXAS ST.
Start Time Finish Time Fort Worth TX 76102
06 11 2020 10:30:00 CDT 06 2s 2020 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
* Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as if
they were incorporated in full text. The full text versions of the * Sections are available on the Internet at
the following online address: http://fortworthtexas.gov/purchasing
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 3 of 51
FORT WORTH.
r CITY OF FORT WORTH BID OFFER
Event ID Page Invited: EVENT DETAILS
CFWOI-20-0120 4
Event Round Version
1 1
Event Name
ITB - Emergency Concrete steel Pipe Re air Submit To: City of Fort Worth
Start Time Finish Time PURCHASING DIVISION
06 11 2020 10:30:00 CDT 06 2s 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
ROUND TRIP CHARGE PER MILE 480.00 HR
oa
Line: 2
Description: Qty Unit UnitPrice Total
WELDING SERVICES REGULAR 480.00 HR
HOURS 8:00 A.M.TO 5:00 P.M. Coo
Line: 3
Description, Qty Unit UnitPrice Total
WELDING SERVICES AFTER 500.00 HR
HOURS 5:01P.M.TO 7:59 A.M. 5,06
Line: 4
Description: Qty Unit UnitPrice Total
MISCELLANEOUS SERVICE CHARGE 10.00 EA
Soo S Uo0 da
Total Bid Amount:
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 4 of 61
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B.23.84th Leg., Regular Session. OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176,Local Govemment Code, Hate Reoeivod
by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local
governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be frledwiththe 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 betiled. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local
Government Code.An offense underthis section is a misdemeanor.
f Name of vendorwho has a business relationship with local governmental entity.
!V
2 Check this box ffyou arefiiing 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 aboutwhom the InformationIn this section is being disclosed.
!V A
Name of Officer
This section(item 3 including subparts A, B, C, 1£ D) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176.001(1-a),Local Government Code_ Attach additional
pages to this Form CIO as necessary.
A. is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income,from the vendor?
= Yes � No
B_Is the vendor receiving or Rely to receive taxable income,other than investment income,from or at the direction of the local
government officer named in this section AND the taxable income is not received from the local governmental entity?
= Yes = No
C_ Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director,or holds an ownership interest of one percent or more?
= Yes = No
D.Describe each.employment or business and family relationship with the local government officer named in this section.
Signature of vendor doing business with the governmental entity Date
Adopted 8/7/2015
ITS-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 20 of 51
ATTACHMENT-B
BIDDER'S CONTACT INFORMATION
Bidder's Name: Tkom psi P� 6MU.0
Bidder's Local Address: MAC14 fir- )31voe; (::5*/tarzi j0f=" TV 7W-g0
Phone: C4r g) 3j-a. a sr; Fax: C T]-Z) 2f44•ee23[P
Email:
T
Name of person
�assigned specifically for this Agreement:
Name/Title� "l/n�� are-1-1.1
Phone: t-45�`y(Q AO '780- 48W Fax:
Email:_ 6Jzh.&.UW,7
If v
Name of persons for renewal information and/or billing questions:
Name/Title ytt4a n !-. 1k,1
Phone: (4 69) 313-A SS¢ Fax: C471) -A44- (eau,
Email: VCe,It is Qar+PSc�a�.,ae .a
Name/Title aA ,)A�.k� SQllel�
Phone: C4(e`t) 313 �I '/7 Fax:
Email: p-cl�2Tp.6z.P Gam.,
Qloe- .
Signature Printed Name Date
ITS-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 21 of 51
ATTACHMENT—C
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids, to enter into a contract for certain purchases with a bidder whose
principal place of business is in the corporate limits of the City of Fort Worth and whose bid is
within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or
services requested, if the lowest bid is from a business outside the municipality and contracting
with the local bidder would provide the best combination of price and other economic benefits to
the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the
bid or request package.
The Fort Worth City Council requires the following information for consideration of location of a bidder's
principal place of business. Add additional sheets if needed to provide this information.
1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas.
a. Do you have a Fort Worth office? If yes, identify address:
a�
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed
50%]
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees?
b. Amount of City of Fort Worth ad valorem taxes (real and business personal property)paid by
company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly-
established)?
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the
date hereof, under penalty of perjury.
10
(Com [ (Date)
(Signature) (Printed Name and Title)
ITB-A-20-0120 Emergency Concrete/Steel Pipe Realm
Page 22 of 51
ATTACHMENT-D
REFERENCE SHEET
Please complete and return this form with your bid.
The bidder shall furnish references for at least three(3)recent customers to whom products and/or
services have been provided that are similar to those required by this solicitation. The City will be the sole
judge of references. Please use additional sheets.
1. Company's Name �'�� r��� �C
Name of Contact
Title of Contact
Present Address j$OlD Mae
City, State,Zip Code ba U /X -] Zol
e c �,
Telephone Number (21y ) - !-/(� Fax Number( )
Email a
cis T Cows
2. Company's Name Stn ,4*40410
Name of Contact CIA A-) ST'
Title of Contact
Present Address 2A0c�
City, State,Zip Code S,u A-q4on 1a 4 7x 7 2 ZI Z
Telephone Number (Zlo ) 7011 7Z47 Fax Number( )
Email 6i8'rdAn/. /`7Q L1�.iV Q, 6��
3. Company's Name UN �� ev.,�7 4 �`�[e/r_ eS 7ru
Name of Contact L
ti
Title of Contact all-i
Present Address Z4) 2
Q �k �v� 3f Flmr
City, State,Zip Code
Telephone Number (1YO - L Fax Number( )
Email
Q/rr' ov
ITB-A-20-0120 Emergency Concrete/Steel Pipe Reairs
Page 23 of 51
ATTACHMENT E
VERIFICATION OF SIGNATURE AUTHORITY
Contractor: Thompson Pipe Group Pressure
Address: 1003 MacArthur Blvd
City, state, zip: Grand Prairie, Texas 75050
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: Pat Whiteley
Position:Business Development Manager
@9 A�L
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
N 7T_te _- for'
Signature of President/CEO
Title-:
Date: 9-15-2020
1TB No.and Project Title Page 21 of 21
Contractor Services Agreement
9/16/2020 MSC Review
0179cia[site of the City of Fort worth,7 exas
City Council Agenda The City of Fort Worth logo.
DATE: 9/l/2020REFERENCE**M&C LOG 13P20-0120 EMERGENCY
NO.: 20-0616 NAME: CONCRETE/STEEL PIPE REPAIR LRH
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Purchase Agreement with TPG Pressure Inc. for Emergency Concrete and
Steel Pipe Repair for the Water Department in an Estimated Annual Amount Up
to $195,000.00 with Four Annual Renewal Options
RECOMMENDATION:
It is recommended that the City Council authorize a purchase agreement with TPG Pressure Inc. in an
estimated annual amount up to $195,000.00 for the Water Department and authorize four annual renewal
options.
DISCUSSION:
The Water Department approached the Purchasing Division to secure an exclusive agreement for
emergency steel and concrete pipe repairs. The Water Department will use the Agreement to perform
welding repairs to large diameter concrete and steel cylinder pipe ranging in size from 16-inch to 54-inch in
the City's water distribution system on an as-needed emergency basis.
The Invitation to Bid (ITB) was advertised in the Fort Worth Star-Telegram on June 10, 2020, June
17, 2020, and June 24, 2020. The City solicited eight vendors from the purchasing vendor database; one
response was received.
The price offered by TPG Pressure Inc. (TPG) is higher than a similar purchase awarded by City Council
on March 25, 2014 by Mayor and Council Communication P-11631. Even though only one response was
received staff reviewed the pricing and determined it to be fair and reasonable because all work will be
done by TPG.
No guarantee was made that a specific amount of services would be purchased. The water department will
acquire the service on an as-needed basis and based on availability of their budget. The department will
request services according to cost and availability under this agreement.
An administrative change order or increase may be made by the City Manager up to the amount allowed by
relevant law and the Fort Worth City Code and does not require specific City Council approval as long as
sufficient funds have been appropriated.
A waiver of the goal for MBE/SBE subcontracting requirements was requested by Purchasing and
approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or
services from source(s) where subcontracting or supplier opportunities are negligible.
Upon City Council approval, the agreement will begin upon execution of the agreement and will end one
year from that date. The contract may be renewed for up to four successive one-year term at the City's
option. This action does not require specific City Council approval,provided that the City has appropriated
sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation funds are available in
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9/16/2020 M&C Review
the current Operating Budget, as previously appropriated to support the award of the contract, and upon
adoption of the Fiscal Year 2021 Budget by the City Council, funds will be available in the Fiscal Year
2021 Operating Budget, as appropriated, in the Water& Sewer Fund. Prior to an expenditure being
incurred, the Water Department has the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project ProgramActivityBudget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project ProgramActivityBudget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Jesus Chapa(5804)
Dana Burghdoff(8018)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact:
Cynthia Garcia (8525)
Laurena Hamilton(8321)
ATTACHMENTS
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