HomeMy WebLinkAboutContract 55485CSC No. 55485
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This NON-EXCLUSIVE BOARDING AND SERCURING 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 Valerie Washington, its duly authorized
Assistant City Manager, and Foodie Enterprises, Inc. d/b/a Q&R Enterprise, Property Preservation.
("Contractor"), a Texas LLC, acting by and through Rickela Mayo, its duly authorized Administrator,
each individually referred to as a"party" and collectively referred to as the "parties."
WHEREAS, City through its Code Compliance Department, contracts for boarding and securing
services of private properties within the City;
WHEREAS, through ITB No. 21-0025, the City solicited bids to award non-exclusive services
agreements to multiple bidders for boarding and securing services on an as-needed basis in the City with
an aggregate amount of up to $152,000 per year for contracts awarded to the successful bidders;
WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non-
exclusive boarding and securing services to the City; and
WHEREAS, City and Contractor wish to set out terms of Contractor's non-exclusive boarding and
securing services.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Non-Exclusive ServicesAgreement;
2. Exhibit A— Scope ofServices;
3. Exhibit B— Price Schedule;
4. Exhibit C— City of Fort Worth Bid Solicitation ITB No. 21-0025;
5. Exhibit D— Contractor's Response to City of Fort Worth ITB No. 21-0025;
6. Exhibit E— Verification of Signature Authority; and
7. Exhibit F —Insurance.
All Exhibits, which are attached hereto and incorporated herein, are made a part of this Agreement for all
purposes. In the event of any conflict between the terms and conditions of the Exhibits and the terms and
conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control.
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1.1 Contractor shall provide boarding and securing services under the terms and
conditions set forth under this Agreement. Exhibit "A," - Scope of Services more specifically
describes the services to be provided hereunder.
1.2 Contractor understands and agrees that the City will award non-exclusive purchase
agreements to multiple bidders for services as outlined in City of Fort Worth Bid Solicitation (ITB No.
21-0025) which is attached hereto as Exhibit C, and incorporate herein for all purposes. Contractor
further understands that the aggregate amount of all contracts awarded to multiple contractors under ITB
No. 21-0025 shall be an amount not to exceed $152,000.00 per year, and the City makes no promise
OFFICIAL RECORD
ITB 21-0025 Boarding and Securing CITY SECRETARY
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FT. WORTH, TX
ar guarantee of the total amount of wark that will be assigned to Contractor under this Agreement.
Contractor's Response to City of Fort Worth ITB No_21-0025 ("Contractor's Response") is attached
hereto as Exhibit D, and incorporate herein for all purposes.
13 The City shall issue electronic work orders establishing the Contractor's assignments.
Contractor shall perform the Services in accordance with each Work Order issued by the City. Except as
otherwise specified in this Agreement, the fee for each Work Order shall be based upon the prices included
in Exhibit B— Price Schedule.
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This Agreement shall begin on the date the Assistant City Manager signs this
Agreement("Effective Date") and shall e x p i r e one (1) year from the date the Effective Date ("Expiration
Date") , unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the expiration
of the Initial Term, the Agreement may be renewed, at the City's sole discretion, under the same terms and
conditions for up to 4 renewal period.
3. CnMPENSATinN.
City shall pay Contractor in accordance with the provisions of this Agreement and Exhibit B—
Price Schedule. Total payment made under this Agreement for the Initial Term and any renewal term by
City shall not exceed One Hundred Fifty Two Thousand U.S. Dollars and No Cents ($152,000.00).
City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under
this Agreement. Furthermore, Contractor understands and agrees that the compensation amount is not a
guarantee of compensation payable to the Contractor, rather it is a not to exceed 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.
4. TERMINATION.
4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-a�ropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obli�ations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Contractor for services actually rendered up to the effective date of
termination and Contractor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason, Contractor shall provide City with copies of all completed or partially completed documents
prepared under this Agreement. In the event Contractor has received access to City Information or data as
a requirement to perform services hereunder, Contractor shall return all City provided data to City in a
machine readable format or other format deemed acceptable toCity.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full
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disclosure in writing of any existing or potential conflicts of interest related to Contractor 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.
5.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees
that it will treat all information provided to it by City ("City Information") as confidential and will not disclose
any such information to a third party without the prior written approval of City.
5.3 Public Information Act. City is a government entity under the laws of the State of Texas and
all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In
the event there is a request for information marked Confidential or Proprietary, City will promptly notify
Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure. A
determination on whether such reasons are sufficient will not be decided by City, but by the Office of the
Attorney General of the State of Texas or by a court of competent jurisdiction.
5.4 Unauthorized Access. Contractor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information
in any way. Contractor must 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 will, in good faith,
use all commercially reasonable efforts to cooperate with City in identifying what information has been
accessed by unauthorized means and will fully cooperate with City to protect such City Information from
further unauthorized disclosure.
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Contractor agrees that City shall, until the expiration of three (3) years after final payment under
this contract, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Contractor involving transactions relating to this
Agreement at no additional cost to City. Contractor agrees that City shall have access during normal
working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Contractor
reasonable advance notice of intendedaudits.
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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 agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Contractor shall have the exclusive right to control the details of its operations and activities and 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 j oint 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.
8. LIABILITY ANDINDEMNIFICATION.
8.1 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
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DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE
AND PERSONAL INJURY, OF ANY HIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR,
OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS,
CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM
PARTICIPANTS. CONTRACTOR HEREBY EXPRESSLY RELEASES AND DISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT
LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF
OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES PERFORMED
BY CONTRACTOR UNDER THISAGREEMENT.
8.2 INDEMNIFICATION — CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD
HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES,
AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY
AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS,
JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS,
ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR
DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH
OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE
SERVICES PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS
OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; (2)
BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY
OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT
OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS,
REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; OR (3) BY ANY
BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR
UNDER THIS AGREEMENT (COLLECTIVELY, "LIABILITIES").
8.3 If any action or proceeding shall be brought by or against the City in connection with any
such liability or claim, Contractor, on notice from City, shall defend such action or proceeding at
Contractor's expense, by or through attorneys reasonably satisfactory toCity.
8.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting
the validity or enforceability of the indemnification obligations under this Section, such legal limitations
are made a part of the indemnification obligation and shall operate to amend the indemnification obligation
to the minimum extent necessary to bring the provision into conformity with the requirements of such
limitations, and as so modified, the indemnification obligation shall continue in full force and effect.
8.5 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought
in connection with any injury, death, or damages related to Services performed under this Agreement.
Contractor agrees to make its officers, representatives, agents, and employees available to City, at all
reasonable times, for any statements and case preparation necessary for the defense of any claims or
litigation for which City may be responsiblehereunder.
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91 Assignment. Contractor shall not assign or subcontract 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.
9.2 Subcontract. If City grants consent to a subcontract, subContractor shall execute a written
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agreement with Contractor referencing this Agreement under which subContractor shall agree to be bound
by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply.
Contractor shall provide City with a fully executed copy of any suchsubcontract.
10. iNSiTRANCF,.
Contractor shall abide by the insurance requirements set forth in Exhibit E, which is attached
hereto and incorporated herein for all purposes.
11. COMPLiANCE WITH LAWS. ORDINANCES. RULES ANDREGULATIONS.
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. If City notifies Contractor of any violation of such laws, ordinances, rules
or regulations, Contractor shall immediately desist from and correct the violation.
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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. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORSS OR SUCCESSORS IN
INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY
AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, ar(3) received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Valerie Washington, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
To CONTRACTOR:
Foodie Enterprises, Inc. d/b/a Q&R Enterprise,
Property Preservation
Rickela Mayo, Administrator
25 Highland Park Vlg. Ste 100-730
Dallas, TX 75205
Phone: (214) 560-9940
With copy to Fort Worth City Attorney's Office at
same address
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It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
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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 WorthDivision.
15. SEVERABILITY AND NO WAIVER.
14.1 It is agreed that in the event any covenant, condition or provision herein contained is held
to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision
shall in no way affect any other covenant, condition or provision does not materially prejudice either
Contractor or City in connection with the right and obligations contained in the valid covenants, conditions
or provisions of this Agreement.
14.2 The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to
insist upon appropriate performance or to assert any such right on any future occasion.
16. SOL.E AGREEMENT. AMENDMENTS. CAPTIONS. AND INTERPRF.TATION.
16.1 This Agreement, including all Exhibits, contains the entire understanding and agreement
between City and Contractor, their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of thisAgreement.
16.2 Except as otherwise provided in this Agreement, the terms and provisions of this
Agreement may not be modified or amended except upon execution of a written amendment to this
Agreement executed by the Assistant City Manager and Contractor and filed with the City Secretary's
Office.
163 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of thisAgreement.
16.4 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or
against any party, regardless of the actual drafter of this Agreement.
17. AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES.
17.1 By executing this Agreement, Contractor's agent affirms that he or she is authorized by
Contractor or its general partner to execute this Agreement and that all representations made herein with
regard to Contractor's identity, address, and legal status are true and correct.
17.2 This Agreement may be executed in several counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument. A signature received via
facsimile or electronically via email shall be as legally binding for all purposes as an original signature.
18. IMMIGRATinN NATIONALiTYACT.
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 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
perfarmed 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
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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.
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Subject to the limitations contained herein, the covenants, conditions and agreements made and
entered into by the parties hereunder are declared to be for the benefit of and binding on their respective
successors, representatives and permitted assigns, if any.
20. FORCE MAJEURE.
City and Contractor will exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but will 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, compliance with any
government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts;
natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government;
material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions
by any court, board, department, commission, or agency of the United States or of any States; civil
disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but
which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force
Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the
extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure
Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably
possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be
determined by the City in its sole discretion. The notice required by this section must be addressed and
delivered in accordance with Section 12 of this Agreement.
21. WARRANTY OF SERVICES
Contractor warrants that its services will be of a high quality and conform to generally prevailing
industry standards. City must give written notice of any breach of this warranty within thirty (30) days from
the date that the services are completed. In such event, at Contractor's option, Contractor will either (a) use
commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or
(b) refund the fees paid by City to Contractor for the nonconforming services.
22. OWNERSHIP OF WORK PRODUCT.
City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation that are created, published, displayed, or produced in conjunction with the services provided
under this Agreement (collectively, "Work Product"). Further, City will 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 wi11 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 will 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.
23. CHANGE IN COMPANY NAME OR OWNERSHIP.
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Contractor must notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records. The president of Contractor or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied
with supporting legal documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director's resolution approving the action, or an executed merger or acquisition
agreement. Failure to provide the specifed documentation so may adversely impact future invoice payments.
24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTTISRAEL.
If Contractor has fewer than 10 employees or this Agreement is for less than $100,00, this
section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall
have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing
this contract, Contractor certifies that Contractor's signature provides written verification to the
City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in m ltiples this 31St day u
of �arch , 2021
(Signature Page to Follow)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
I�GZ�� Gf%ZGl�sv
BV: ValerieWashington(Mar31,202100:11 )
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Name: Valerie Washington
Title: Assistant City Manager
Date: Mar 31, 2021
APPROVAL RECOMMENDED:
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.
CL�i� M�,,�{.��
B�I. Chris McAllister (Mar 3Q 2021 07:ll CDT)
Name: Chris McAllister
Title: Code Compliance Superintendent
APPROVED AS TO FORM AND LEGALITY:
Cl !�'G� MGr4���t2�'
By; Chris McAllister (Mar 30, 202107:11 CDT)
Name: Chris McAllister
Title: Code Compliance Superintendent By
ATTEST:
By: ��/�U e��
Name: MaryKayser
Title: City Secretary
CONTRACTOR:
�G�(GCa /�IGi�O
BV: Rickela Mayo (Mar29, 212L20 CDT)
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Name: Rickela Mayo
Title: Administrator
Date: M a r 29, 2021
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CHristophe� �lustri�
Christopher ustria(Mar3Q202ri1:53CDT)
Name: ChristopherAustria
Title: Assistant CityAttorney
CONTRACT AUTHORIZATION:
M&C:21-0140 3/2/21
Form 1295: 2021-713223
ATTEST:
By:
Name:
Title:
�FFICIAL REC�RD
CITY SECRETARY
FT. WORTH, TX
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1.0 SCOPE
1.1 Contractor shall provideboarding and securing services in accordance with the
Agreement for the Code Compliance Department and any additional services of the
same general category that parties agree to.
1.2 Unit prices shall include all associated costs, not limited to delivery, fuel and
handling charges. No additional charges will be accepted or paid by theCity.
2.0 DEFINITIONS
2.1 BOARDING AND SECURING: Boarding and securing of all entry windows, doors
ways, or other openings of multiple levels as specified by an authorized Code
Compliance officer using suitable material as outlined in this Agreement. This
Agreement also includes fencing, clear polycarbonate (Lexan) and steel plating as
an alternative method approved bythe Code Compliance Department.
2.2 PRICE DETERMINATION: The number of openings secured will be annotated by
the type (window, door, over 32 square feet, or under 32 square feet) on the work
order and returned with a separate invoice. Invoice shall include a list of openings by
type and cost to secure on a company invoice. Bid price per opening will include all
weather protection, additional framing if needed, hardware, materials and labor.
2.2.1 Pricing for securing other openings and oversized openings shall be based upon
a set charge. Less than 32 square feet shall have one price and greater than 32
square feet shall have one price using 3/4" CDX.
2.2.2 Fencing price shall be based on a linear foot cost which shall include cost
for setting posts or securing directly to a structure.
2.2.3 Pricing to secure a window encasement using 3/4" CDX and Clear Polycarbonate.
2.2.4 Pricing to secure a door encasement 3/" CDX and Clear Polycarbonate.
2.2.5 Pricing to secure openings using 14 gauge steel plates, price will include
all welding, cutting, and 3" angle iron framing. Price based on 3'x7' door.
2.3 WEATHER PROOFING: The act of coating'/4" CDX plywood used in the
securing process, with weather resistant, light tan color paint.
2.4 EXIT DOORS: To be considered an exit door, door must face a public right-of-wayor
be visible from publicview.
2.5 WORK ORDER: All work to be performed will be assigned using the
Code Compliance "BOARD-UP WORK ORDER".
2.6 EMERGENCY BOARDING: A work order for boarding services to
be performed within 24 hours ofnotification.
2.7 6" ON CENTER: See Section 3.4 below as well as "IMAGE B".
2.8 TOTAL COST: Total amount of material, labor, framing, and hardware used for the
securing operation of the structure.
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2.9 CLASS 1: Securing only-the opening(s) identified on the Work Orderusing section
3.4 securing operation standards.
2.10 CLASS 2: Used to secure all encasements and other openings due to a repeated
property breech. Secure all openings (breeched and secured) using section 3.4 securing
operation standards
2.11 CLASS 3: Special work order used to secure properties with specific life, health, and
safety hazards. Only performed by special request at the direction of the Code
Compliance Superintendent. Using section 3.4.9 securing operation standards orother
methods deemed appropriate for the situation.
2.12 OTHER OPENINGS: Shall include wall breeches not considered a window, door, or
garage door but limited to less than 32 squarefeet.
2.13 OVER SIZED OPENINGS: Opening greater than 4' X 8' = 32 square feet and not
considered a window or door encasement.
2.14 RESIDENTIAL STRUCTURES: Structures which are built or constructed, and further
identified as a dwelling, an apartment building or an accessory building on a lot.
2.15 TYPE 1 FASTENERS —Wood framing screws with Torque heads shall be used for wood
framing only.
2.16 TYPE 2 FASTENERS — Self-tapping metal screws with Torque heads shall be used for
metal framing only.
2.16.1 Zinc coated Toraue head screws long enough to reach 2" into wood framing and
3" self-tapping screws for metal frames, typically 3'/4" long minimum. (Alternate:
wood door and window trim may be removed and 3" fastener may beused.)
2.17 LEXAN (Polycarbonate Resin) - An extremely versatile product with outstanding
properties and good chemical resistance for a wide variety of applications. This
material will only be used with approval from the Code Compliance Director to
address special circumstances.
3.0 PERFORMANCE REOUIREMENTS
3.1 Notification to Contractor (Board Up Work Order)
3.1.1 The Contractor shall be provided a Board-Up Work Order with the amount of
windows, doors, or other openings that require securing.
3.1.2 Contractor shall pick up work orders within two (2) business days upon
notification by phone or email.
3.1.3 The Contractor shall secure all structures indicated on the work order within five
(5) business days after notification of the work order being issued. The
Contractor shall secure all structures determined to be an Emergency Board-
Up within twenty-four (24) hours when determined by the Code Compliance
Department to besuch.
3.1.4 Location of windows, doors, other openings, and over-sized openings to be
secured will be identified using:
3.1.4.1 N: North
ITB 21-0025 Boarding and Securing
Page 9 of 71
3.1.4.2 S: South
3.1.4.3 E: East
3.1.4.4 W: West, sides of the structures.
3.1.5 Any work performed without approval prior to any work being performed
from the Code Compliance Officerwill not be paid bythe City.
3.2 Period of Performance
3.2.1 The Contractor shall secure all structures indicated on the work order within five
(5) business days after notification of the work order.
3.2.2 The Contractor shall secure all structures determined to be an Emergency
Board-Up within twenty-four (24) hours after notification of the work order. The
Department will determine an Emergency Board-Up.
3.2.3 The Contractor will submit electronically the updated Board-Up Work Order,
photographs and an itemized invoice within three (3) business days after
completing the securing.
3.2.4 In the event of default by the Contractor, the City reserves the right to procure
the services from other sources and hold the defaulting Contractor responsible
for any excesscosts.
3.2.5 If vector nesting (bees, wasps, and hornets) is encountered, the Contractor may
take necessary steps to exterminate the hazard after verification and cost
approval from the Code Compliance Supervisor. The invoice relative to such
extermination shall be submitted to the Code Compliance Department with the
corresponding Board-Up Work Order.
3.2.6 Contractor shall report any damage done to property owned by the City or damage
to private personal property to the Code Compliance Department, 817-392-6578,
within two (2) hours after occurrence.
3.3 PhotographicEvidence
3.3.1 Thefollowing minimum specifications will be required:
3.3.1.1 Use of digital cameras capable of at least 1(one) mega-pixel with image
resolution of 1280 x 1224 that adds date stamp on face of picture.
3.3.1.2 Contractor shall provide photographic evidence of each opening boarded
and secured.
3.3.2 Photographs shall:
3.3.2.1 Be taken prior to commencement of work that accurately depicts each
opening designated on the work order, and on completion showing the
work performed. Photographs shall be taken at the same angle priorto
installation and followinginstallation.
3.3.2.2 Be in color, and date and timestamped.
3.3.2.3 Be submitted electronically with the matching work order and invoice to the
assigned Code Compliance Officer listed on the Work Order.
3.4 Securing Operation
ITB 21-0025 Boarding and Securing
Page 10 of 71
3.4.1 Contractor shall inspect each location prior to securing the structure to
determine the number of openings to be secured match the work order.
3.4.2 Contractor shall use'/4" CDX plywood, carriage bolts of sufficient length to reach
through both the plywood and 2"x4" backup boards or braces, 3" torque head
fasteners placed 6" on center, and weather proof paint in the securing process.
Infrequently, the City may require intermitted 3" lag screw with '/z" washers.
3.4.3 Contractor shall weather proof each piece of plywood prior to installing on
structure. Also, any opening that has been previously secured shall be weather
proofed asneeded.
3.4.4 Contractor shall secure all identified ground floor openings unless additional
openings are added by the Code ComplianceOfficer.
3.4.5 Except for the last exit door, Contractor shall secure all openings indicated on the
work order by installing 3/4" CDX plywood that will fit the window screen inset for
windows, and fit flush with the door facings or jambs for all doors.
3.4.6 For windows and doors, except the last exit door, 2"x4" backup boards or braces
will be installed and secured with carriage bolts.
3.4.7 The plywood will be secured along the edges with 3" fasteners spaced six
(6) inches apart, as outlined in the illustrations in IMAGE A and B.
3.4.8 The last exit door will be secured using three (3), 3" fasteners spaced six
(6) inches apart.
3.4.9 Work Orders submitted as a Class 3(Section 2.11) as directed by the Code
Compliance Officer shall use securing standards described in this section for all
windows (breeched and secured). Class 3 door openings shall include 3" angle iron
framing on all four (4) sides secured with 3" lag screws or 2" masonry anchors if the
encasement is masonry. The door opening shall be covered with 14 gauge steel
and secured with 2" welds every 6". A Class 3 may or may not include multiple levels
of the structure.
3.4.10 There will be some Work Orders requesting securing by 6" chain link instead of
boarding. Chain link shall be 6" tall and may either secure the perimeter of the
property or be attached to the structure itself. Determination shall fall upon the
Code Compliance Officer and be notated on the WorkOrder.
3.4.11 Contractor shall update the work order form with the number of opening(s)
secured, and submit the completed form with the invoice.
3.4.12 Contractor shall notify the Code Compliance Officer via phone oremail the
same day or first working day to report each successful closure.
3.4.13 There will be work orders requesting securing a structure using'/4" clear
polycarbonate (Lexan) secured with three (3), 2'/2" 14 gauge steel tubing
horizontal braces and anchored with galvanized carriage bolts long enough to
properly secured the horizontal brace to the clear polycarbonate (Lexan)
3.5 Rejection of Contractor's Work
3.5.1 The City will evaluate completed work utilizing both photographic and visual
assessments. The Code Compliance Officer reserves the right to judge and
interpret the quality of the photographs submitted.
3.5.2 Work will be rejected and payment denied for work performed that is not in strict
ITB 21-0025 Boarding and Securing
Page of 71
accordance with the specifications which includes, but is not limited to:
3.5.2.1 Missing or inadequate photographic evidence.
3.5.2.2 Missing or incomplete work orders.
3.5.2.3 Incomplete or inadequate securing of assigned work orders.
3.6 Contractor's Appeal of Rejected Work Orders
3.6.1 Contractor may appeal any rejected work to a Code Compliance
Supervisor within three (3) business days of notification.
3.6.1.1 It is the Contractor's responsibility to submit any documentation
necessary in support of the appeal.
3.6.1.2 All decisions by the Code Compliance Supervisor arefinal and
decisions will be in writing and provided to the Contractor.
4.0 CONTACT
4.1 Due to the unique nature of these Agreement specifications, the working relationship
between the City and Contractor is critical to its success. The Contractor shall have the
ability and is required to respond to all inquiries and issues in timely and professional
manner. Failure to respond as indicated shall result in the termination of thisAgreement.
4.2 Contractor shall designate at least one (1) person as Point of Contact with office phone
or cell phone number and email foraccessibility.
4.3 Contractor's Point of Contact shall respond to calls, voicemails and emails within one
(1) hour during normal business hours.
4.4 Notification of any changes in contact numbers or personnel shall be in writing or hand
delivered to the Code Compliance ContractAdministrator.
5.0 OTHER PROVISIONS
5.1 Contractor shall be responsible for providing, maintaining and transporting all necessary
laborers, equipment, and fuel for its use, in connection with the program of securing
described herein.
5.2 Contractor shall train company employees to use the safest methods and equipment
available in transporting and securing operations.
5.3 All equipment will be m intained in safe operating condition.
5.4 Contractor shall take precautions at all times for the protection of persons and
property. Safety provisions of all applicable laws and ordinances shall be strictly
observed.
5.5 Should squatters or unapproved occupants be encountered at a location where work is to
be conducted, the Contractor shall contact the Code Compliance phone number listed on
the Work Order immediately.
5.0 Should squatters or unapproved occupants be encountered at a location where work is to
be conducted, the Contractor shall contact the Code Compliance phone number listed on
the Work Order immediately.
6.0 PERFORMANCE
6.1 Failure of the City to insist in any one or more instances upon performance of any ofthe
ITB 21-0025 Boarding and Securing
Page of 71
terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the
Contractor's obligation with respect to such performance shall continue in full force and
effect
ITB 21-0025 Boarding and Securing
Page of 71
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ITB 21-0025 Boarding and Securing
Page 64 of 71
EXHIBIT B
PRICE SCHEDULE
Prices for each property shall be calculated in the numbers set forth below:
Securing a Securing a
Door Opening
Boarding and using steel structure
Securing B�arding and Boarding and Boarding and plating using 14ga x Securing a
Securing 6 chain link
Openings Securing a Securing a framed with structure using
>32 square Openings window Door 3" angle iron, fencing, per 1/4"clear
<32 square attached
feet, per Opening, per Opening, per per attached polycarbonate
attached feet, per attached attached specifications. specifications �Lexan), per
attached Attached to
specifications specifications specifications specifications Price based the structure attached
on typical and/or setting specifications
3'x7' door
encasement Post.
$134.81 $123.28 $121.00 $56.00 $380.65 $1905.00 $1403.00
ITB 21-0025 Boarding and Securing
Page 65 of 71
EXHIBIT C
F�RT W�RTH..
Event ID
CFWO1-21-0025
EventRound
1
Event Name
ITB Boardina &
Start Time
12/2/2020 08:00
CITY OF FORT WO TH BID SOLICITATION
CITY OF FORT WORTH BID OFFER
Page
1
version
Finish Time
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
�t Description
The City of Fort Worth (City) invites participation from qualified bidders to provide an ongoing service for
boarding & securing all entry windows, doorways, or other openings of multiple levels for the Code Department
per the attached specifications.
& Conditions
A pre-bid conference will be held at 9:00 AM, Friday, December 4, 2020, via WebEx.
Meeting number (access code): 126 827 5000
Meeting password: qqNP8pCqX38
Join by phone
+1-469-210-7159 United States Toll (Dallas)
Questions are due by end of day Tuesday, December 8, 2020
FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY
INFORMED AND COMPETITIVE BID RESPONSE. ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED.
Invitation for Bid (ITB) Cover Sheet
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 and time stamped no later
than 1:30 P.M., December 17,2020, and then and read publicly via live stream on FortWorthTV around 2:00 P.M.
Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,
addressed to the Purchasing Manager. Bids shall be mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Attn: Megan Fowler, Buyer
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. 21-0025, ITB Boarding & Securing 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.
Document List:
1) Cover Sheet
2) Signing Sheet
3) Price/Bid Sheet(s)
4) Part I- Instruction to Bidders
5) Part II - Scope of Services and/or Specifications
6) Part III - Standard Purchasing Terms and Conditions/DraftContract
7) Part IV Attachments
7.1) Attachment A- Conflict of Interest Disclosure
7.2) Attachment B- Bidder s Contact Information
7.3) Attachment C- Consideration of Location of Bidder s Principal Place of Business
7.4) Attachment D- Reference Sheet
7.5) Attachment E- How to Register with the City of Fort Worth
7.6) Attachment F- Automated Invoice Processing
7.7) Attachment G- No Bid Sheet
ITB 21-0025 Boarding and Securing
Page 1 of 71
7.8) Attachment H- Detailed Scope of Services/Specifications
7.9) Attachment I- Draft Contract
* Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as
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 21-0025 Boarding and Securing
Page 2 of 71
FQRT W�RTH...
CITY OF FORT W TH BID OFFER
EventID Page
CFWO1-21-0025 2
Event Round Version
1 1
Event Name
ITB Boardin & Securin
Start Time Finish Time
12/2/2020 08:00:00 CST 12/17/2020 13:30:00 CST
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
ITB Signing Sheet
The undersigned, by his/her signature, represents that he/she is submitting a binding bid and is authorized to bind the respondent to
fully comply with the solicitation document contained herein. The Authorized Person, by signing and submitting, 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. Documents are hereby incorporated into this Solicitation by reference, with the same
force and effect as if they were incorporated in full text. The period for acceptance of this bid will be one hundred and twenty (120)
calendar days after "Finish time/End Date Time".
Legal Name and d/b/a:
Address:
City, State, Zip:
Bidder/Supplied ID with City of Fort Wort / Federal ID Number (TIN):
Name of the Authorized Representative:
Title:
Signature of the Authorized Representative and Date:
Email Address:
Phone Number:
Will agreement be available for Cooperative Agreement use�? Yes No
(� See Section 11, Cooperative Purchasing of Part II, Scope of Services and/or Specifications )
ITB 21-0025 Boarding and Securing
Page 3 of 71
FQRT W�RTH...
CITY OF FORT W TH BID OFFER
EventID Page
CFWO1-21-0025 3
Event Round Version
1 1
Event Name
ITB Boardin & Securin
Start Time Finish Time
12/2/2020 08:00:00 CST 12/17/2020 13:30:00 CST
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
ne Details
Line: 1
Boarding and Securing Openings greater than thirty-two
(32) square feet, per attached specifications
Line: 2
Description:
Boarding and Securing Openings less than thirty-two
(32) square feet, per attached specifications
Line: 3
Boarding and Securing a Window Opening, per
attached specifications
Line: 4
Description:
Boarding and Securing a Door Opening, per attached
specifications
Line: 5
Qty Unit
18.00 EA
Qty Unit
14.00 EA
Qty Unit
450.00 EA
Qty Unit
194.00 EA
Otv Unit
UnitPrice
UnitPrice
UnitPrice
UnitPrice
UnitPrice
Total
Total
Total
Total
Total
Securing a Door Opening using steel plating framed with
3 angle iron, per attached specifications. Price 12.00 EA
based on typical3 x7 door encasement
Line: 6
Description:
Qty Unit UnitPrice Total
Securing a structure using 14 x 6 gauge galvanized 12.00 EA
chain link wire diameter fencing, per attached
specifications Attached to the structure and/or setting
Line: 7
Description: Qty Unit UnitPrice Total
Securing a structure using 1/4 clear 4.00 EA
polycarbonate (Lexan), per attached
specifications
Total Bid Amount:
ITB 21-0025 Boarding and Securing
Page 4 of 71
PART - II
INSTRUCTION TO BIDDERS
��i7�C�3��_��C�I�
1.1 Review of Documents: Bidders are expected to examine all documents that make up
the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity,
inconsistency or error that they may discover upon examination of the Solicitation.
Bidders must use a complete Solicitation to prepare Bids. The City assumes no
responsibility for any errors or misrepresentations that result from the use ofincomplete
Solicitations.
1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The
location and phone number for the Purchasing Division are specified in the advertisement
and in the solicitation.
� _1�1_��[�7�6'��]:Z�_1:71�[�C�P►E•'�
2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of
the Solicitation must be requested in writing from the Purchasing Division with sufficient
time allowed for a written addendum to reach each Bidder before the submission of their
Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner
are not binding upon the City, and Bidders shall not rely upon such interpretations,
corrections or changes. Oral explanations or instructions given before the award of the
Contract are not binding.
2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division
at (817) 392-8440. The fax must clearly identify the Buyer's name and the Solicitation
number. Any material information given to one Bidder concerning a Solicitation will be
furnished by an Addendum to all Bidders who have been issued a Solicitation.
2.3 Unauthorized Communications: Bidders' contact regarding this Invitation to Bid (ITB)
with employees or officials of the City other than the Purchasing Manager, the Minority
and Women Business Enterprise (M/WBE) Office, or as otherwise indicated in the ITB is
prohibited and may result in disqualification from this procurement process. No officer,
employee, agent or representative of the Respondent shall have any contact or
discussion, verbal or written, with any members of the City Council, City staff or City's
consultants, or directly or indirectly through others, seek to influence any City Council
member, City staff, or City's consultants regarding any matters pertaining to this
solicitation, except as herein provided. Any violation of this prohibition may result in the
Respondent being disqualified from the procurement process. Any oral communications
are considered unofficial and non-binding with regard to this ITB.
� • : �Z��7�1��:7��L�
A pre-bid conference will be held at 9:00 am on December 4, 2020 via WebEx. The nature and
details of the conference are specified on the cover page of the solicitation. Attendance at pre-
bid conferences is not mandatory.
1 ' ; � ; � • � • �
Each Bidder must furnish all information required by a Solicitation on the documents provided.
Bids submitted on other than the forms included in the Solicitation shall be considered non-
responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in
rejection of the Bid.
ITB 21-0025 Boarding and Securing
Page 5 of 71
4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State,
and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder
should request a Tax Exemption Certificate from the Purchasing Division. Under no
circumstances shall the City be liable to pay taxes for which the City has an exemption
under any Contract.
4.2 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are
acceptable, the Bidder may offer an "equal" product and must be prepared to
demonstrate those features that render it equal. Final determination of a product as
"equal" remains with the City.
4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar
days. Time is of the essence in any City purchase. If the indicated date cannot be met
or the date is not indicated, the Bidder shall state its best deliverytime.
4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid
and Allowed. The Bidder should quote its lowest and best price, with the goods delivered
to the place specified, at the Bidder's expense and risk, and there tender delivery to the
City. Bids offering any other delivery terms are not acceptable and may be cause for
rejection.
4.5 Prices:
4.5.1 Bids shall be firm priced offers unless otherwise specified.
4.5.2 Pricing shall be entered on the Bid Sheet in ink.
4.5.3 Totals shall be entered in the "Total Price" column of the Bid Sheet.
4.5.4 In the event of a discrepancy between unit price and extended price, the unit
price shall govern.
4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal
fractions thereof).
4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature.
Any change made to the Bid must be initialed by the Bidder.
4.7 Bid Security: If a bid security is required for this purchase, the requirement will be
reflected in the "Specification" section of the bid package. Cashier's check or an
acceptable surety bond in the amount indicated in the Notice to Bidders must be
submitted at the time the bid is submitted, and is subject to forfeiture in the event the
successful bidder fails to execute the contract documents within 10 calendar days after
the contract has been awarded.
4.7.1 To be an acceptable surety on the bond:
4.7.1.1 The name of the surety shall be included on the current Department of
the Treasury's Listing of Approved Sureties (Department Circular 570); or
4.7.1.2 The surety must have capital and surplus equal 10 times the amountof
the bond. The surety must be licensed to do business in the state of
Texas.
4.8 Alternate Bids: Bidders may offer an "equal" product as an alternate bid. Final
"approved equal" determination remains with the City.
ITB 21-0025 Boarding and Securing
Page 6 of 71
4.9 Proprietary Information:
4.9.1 All material submitted to the City becomes public property and is subject to the
Texas Open Records Act upon receipt.
4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each
page must be identified and marked proprietary at time of submittal. The City
will, to the extent allowed by law, endeavor to protect such information from
disclosure. The final decision as to information that must be disclosed lies with
the Texas Attorney General.
4.9.3 Failure to identify proprietary information will result in all unmarked sections
being deemed non-proprietary and available upon public request.
4.10 Bid Preparation Costs: All costs associated with preparing a Bid in response to a
Solicitation shall be borne by the Bidder.
4.11 Payments: All payment terms shall be "Net 30 Days" unless otherwise specified inthe
bid document.
4.11.1 Successful bidders are encouraged to register for direct deposit payments prior
to providing goods and/or services using the forms posted on the City's website
at http://www.fortworthaov.ora/purchasina/, click on "Automated Clearing House
Setup"
i :�� �� • : .
5.1 Bid document: Unless otherwise specified, Bidders are required to submit a signed
executed original and one scanned copy in flash drive. Bids must be submitted in a
sealed envelope with the bid number written on the outside of the envelope.
5.2 Documents required with Bid: The following documents must be submitted with each
Bid prior to the Due Date:
5.2.1 The completed and signed first page of this document;
5.2.2 The Price Offer in Bid Solicitation Sheet(s); and
5.2.3 Any other document included in the Solicitation requiring completion orexecution
by the Bidder.
5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and returningthe
Addendum with the Bid if requested or under separate cover prior to the Due Date and
Time. Addenda containing bid pricing should be returned in a sealed envelope marked
on the outside with the Bidder's name, address, the Solicitation number, and the Due
Date and time.
5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and
Time. All Bids received after the Due Date and Time are considered late and will be
returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the
Purchasing Division is the time of record. It is the sole responsibility of the Bidder to
ensure timely delivery of the Bid to the Purchasing Division. The City will not be
responsible for failure of service on the part of the U.S. Postal Office, couriercompanies,
or any other form of delivery service chosen by the Bidder. Bids delivered to a City
location other than the Purchasing Division will not be considered. The Bid must be
received by the Purchasing Division and stamped before deadline to be considered.
ITB 21-0025 Boarding and Securing
Page 7 of 71
6.0 MODIFICATION OR WITHDRAWAL OF IDS
6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date.
6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided thatthe
facsimile is signed by the Bidder) at any time prior to the Due Date. A Bid may also be
withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date.
A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after
the Due Date without forfeiture of the Bid guarantee, unless there is a material error in
the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the
Due Date. The City may require proof of agency from the person withdrawing a bid.
7.0 OPENING OF IDS
The Purchasing Division representative responsible for opening Bids shall personally and publicly
open all Bids timely received, reading each bid aloud.
8.0 EVALUATION FACTORS AND AWARD
8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless
otherwise specified). However, the City may evaluate and award the Contract for any
item or group of items shown on the Solicitation, or any combination deemed most
advantageous to the City. Bids that specify an "all or none" award may be considered if a
single award is advantageous.
8.2 Award. The Method of Award is detailed in Section 19 in Part III Scope of
Services/Specifications (Note: A bidder will be disqualified if they do not earn at least
50% of the technical points available).
8.3 Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order or a
Contract. Subsequent purchase releases may be issued as appropriate. The contents of
a Bid shall become a part of the Contract. Under no circumstances will the City be
responsible for Goods or Services provided without an acceptance signed by an
Authorized City Representative.
8.4 Reservations: The City expressly reserves the right to:
8.4.1 Specify approximate quantities in the Solicitation;
8.4.2 Extend the Solicitation opening date and time;
8.4.3 Consider and accept alternate Bids, if specified in the Solicitation, when most
advantageous to the City;
8.4.4 Waive as an informality, minor deviations from specifications provided theydo
not affect competition or result in functionally unacceptable goods orservices;
8.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor
informality is one that does not affect the competitiveness of the Bidder);
8.4.6 Add additional terms or modify existing terms in the Solicitation;
8.4.7 Reject a bid because of unbalanced unit prices bid;
8.4.8 Reject or cancel any or all Bids;
8.4.9 Reissue a Solicitation;
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8.4.10 Procure any item by other means; and/or
8.4.11 Award to multiple vendors on a non-exclusive award basis, or primaryand
secondary vendors.
9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS
9.1 Certificates of Insurance: When insurance is required, the successful Bidder must
provide Certificates of Insurance in the amounts and for the coverages required to the
Purchasing Office within 14 calendar days after notification of award, or as otherwise
required by the Solicitation.
9.2 Payment and/or Performance Bonds: When Payment and/or Performance Bonds are
required, the successful Bidder must provide the bonds, in the amounts and on the
conditions required, within 14 calendar days after notification of award, or as otherwise
required by the Solicitation.
9.3 Minority Business Enterprise (MBE) Documents: If an MBE goal has been established
for the bid, the applicable documents must be submitted by all bidders wishing to
continue in the bid evaluation process within two (2) City business days after the bid
opening date, exclusive of the bid opening date, to the City location specified in the bid.
Bidders shall obtain a receipt from the appropriate department as evidence that the City
received the documentation.
9.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be
approved by the City Council before execution, the successful bidder is required to
complete the Certificate of Interested Parties Form 1295 and submit the form to the
Purchasing contact listed in the solicitation before the purchase/contract will be presented
to the City Council. The form may be completed at
httqs://www.ethics.state.tx.us/whatsnew/elf info form1295.htm.
10.0 PROTEST PROCEDURE
10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation
process or the bid award if they believe that there has been any impropriety or unfair
criteria in the process.
10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14days
after the vendor knows, or should have known, of the facts relating to the proposed
action or award.
10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a
purchasing action through telephone discussions, mail, email or in person meetingswith
the protesting vendor.
10.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision
in writing, state the reasons for the action taken and inform the protesting vendor of the
right to review by a panel made up of City staff.
10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of
the operating department, the Purchasing Manager and any other appropriate personnel
or employees of the operating department.
10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which
the vendor does not agree, the protesting vendor will be invited to attend the City Council
meeting at which the recommended award is to be presented to the City Council and
make known his/her concerns. The protesting vendor will be instructed to arrive priorto
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the start of the City Council meeting and complete a card requesting to speak concerning
the particular Mayor and Council Communication document (M&C) in question.
10.6.1 Vendors wishing to speak before the City Council should review the rules for
registering to appear before City Council located at:
http://fortworthtexas.qov/citvsecretary/info/default.aspx?id=2914 on the City's
website.
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11.1 Should other governmental entities decide to participate in this contract, bidder, shall
indicate in their proposals whether they agree that all terms, conditions, specification, and
pricing would apply.
11.2 If the successful bidder agrees to extend the resulting contract to other governmental
entities, the following shall apply: Governmental entities within utilizing Contracts with the
City of Fort Worth shall be eligible, but not obligated, to purchase material/services under
this contract(s) awarded as a result of this solicitation. All purchases by governmental
entities other than the City of Fort Worth shall be billed directly to that governmental
entity and paid by that governmental entity. The City of Fort Worth shall not be
responsible for another governmental entity's debts. Each governmental entity shall
order its own material/services as needed
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PART - III
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to finalize an Agreement for boarding & Securing
as described herein on an "as needed basis for the Code Department. The City intends to
award multiple agreements to provide full coverage of service for the City. The successful
bidder(s), known hereafter as "Contractor"/"Vendor."
1.2 The term of the Agreement shall be for a one-year (1) period, with four (4) options to
renew for additional one-year periods. Upon the expiration of the Initial Term, the
Agreement shall renew automatically under the same terms and conditions for up tofour
(4) one-year renewal periods which shall expire on completion of total five year duration,
unless City or Vendor provides the other party with notice of non-renewal at least 60 days
before the expiration of the Initial Term or renewal period. However, if funds are not
appropriated, the City may cancel the Agreement 30 calendar days after providing written
notification to the Contractor / Vendor.
1.3 Following the award, additional services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the
Agreement, may be added based on the discount bid and price sheet provided withthe
bid.
1.4 Unit prices shall include all costs associated with the specified work, including butnot
limited to handling, delivery, fuel charges, fees and certifications fees. No additional
charges will be accepted or paid by the City.
1.5 All items supplied resulting from this bid shall be of recent production, unused, and
suitable for their intended purpose.
1.6 The submission of a bid by the bidder shall be considered evidence of compliancewith
these requirements.
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The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated
for all purposes incident to this Agreement in Attachment "H", Scope of Services/Specifications,
more specifically describing the services to be provided hereunder.
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3.1 The Vendor shall notify the City's Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
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4.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and
regulations; State: laws, ordinance and regulations; county: laws, ordinances and
regulations; and City: laws, ordinances, and regulations for safety of people,
environment, and property. This includes, but is not limited to, all Federal, State, County,
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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 Vendor is
required to comply with new policy. Any mandates requiring the City to comply with new
guidelines will also require the Vendor to comply.
5.0 INVOICING REQUIREMENTS
5.1 The City is implementing an automated invoice processing system. Please see
Attachment F for each departmenYs "Go live date" and requirements.
5.2 Till implementing automated invoice:
5.2.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Vendor to get the name of the responsible person, telephone
numbers and address of the departmenYs division at the time the service is
requested.
5.2.2 A properly prepared invoice shall be typewritten or computer printed and shall
include the Vendor's name, number and federal tax identification number, invoice
number, address, date, service or item description, unit price, extended cost, and
City issued purchase order number. Incomplete or inaccurate invoices mayresult
in delayed payments, as they shall be returned to the Vendor for correction and
re-subm ittal.
6.0 UNIT PRICE ADJUSTMENT
6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the
renewal period but before the effective date of the renewal upon written request from the
Vendor.
6.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before
the renewal effective period. The Vendor shall provide written proof of cost increases
with price adjustment request.
6.3 If the City concludes that the rate increase being requested is exorbitant, the City
reserves the right to adjust the rate request, or reject the rate request in its entiretyand
allow the contract to expire at the end of the contract term. If the City elects not to
exercise the renewal option, the Purchasing Division will issue a newsolicitation.
6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
6.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases oferrors
in extensions or totals, the unit prices offered will govern.
6.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the
city to re-bid an agreement, not to exceed ninety (90) days. Vendor will be reimbursed for
this service at the prior agreement rate(s). Vendor shall remain obligated to the City
under all clauses of this Agreement that expressly or by their nature extends beyond and
survives the expiration or termination of this Agreement.
6.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior
written notice to the City.
7.0 QUANTITIES
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7.1 The quantities listed on the bid solicitation are only estimates based on previous usage
and do not indicate intent to purchase or a guarantee of future business. The City of Fort
Worth is obligated to pay for only those materials and services actually ordered by an
authorized City employee and then received as required and accepted by the City.
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8.1 The Vendor shall assume all risk and liability for accidents and damages that may occur
to persons or property during the prosecution of work under this Agreement. The Vendor
shall file with the City of Fort Worth Purchasing Division, prior to the commencement of
services, a certificate of insurance documenting the following required insurance.
8.1.1 Failure to provide such information within five (5) calendar days may begrounds
for Agreement termination.
8.2 Policies shall have no exclusions by endorsements which nullify the required lines of
coverage, nor decrease the limits of said coverage unless such endorsements are
approved by the City. In the event a contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the Vendor to obtain such coverage, the contract price
shall be adjusted by the cost of the premium for such additional coverage plus 10%.
8.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance
at the following limits:
$100,000 Each Accident
$500,000 Disease — Policy limit
$100,000 Disease — Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers' Compensation Act (Art.
8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee.
8.2.2 Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the following: premises/operations,
independent vendors, products/completed operations, personal injury, and
contractual liability. Insurance shall be provided on an occurrence basis, and as
comprehensive as the current Insurance Services Office (ISO) policy.
8.2.3 Auto Liability Insurance shall be provided as follows:
$1,000,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned.
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8.2.4 The Vendor shall furnish the Purchasing Manager, with a certificate of insurance
documenting the required insurance prior to the commencement of services.
8.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day
notice of cancellation, material change in coverage, or non-renewal ofcoverage.
8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an
additional insured, as its interests may appear (ATIMA).
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9.1 The City, its officers, employees and servants shall be endorsed as an additional insured
on Vendor's insurance policies excepting employer's liability insurance coverage under
Vendor's workers' compensation insurance policy.
9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit
must be received before Vendor can begin work. Failure to supply and maintain such
insurance shall be a breach of contract. Vendor shall provide complete copies of all
insurance policies required by this Agreement. Certificates of insurance must besupplied
to:
Financial Management Services Department
Attention: Purchasing Division Bid # 21-0025
200 Texas Street, Fort Worth, Texas 76102
9.3 Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance policy
shall be endorsed to provide the City a minimum 30 day notice of cancellation, non-
renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall
be acceptable in the event of non-payment of premium.
9.4 Insurers must be authorized to do business in the State of Texas and have a currentA.M.
Best rating of A: VII or equivalent measure of financial strength and solvency.
9.5 Deductible limits, or self-funded retention limits, on each policy must notexceed
$10,000.00 per occurrence unless otherwise approved by the City.
9.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
9.7 Workers' compensation insurance policy(s) covering employees of the Vendor shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
9.8 City shall not be responsible for the direct payment of insurance premium costsfor
Vendor's insurance.
9.9 Vendor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery.
9.10 While the purchase order is in effect, Vendor shall report, in a timely manner, to the
Purchasing Department any known loss occurrence that could give rise to a liabilityclaim
or lawsuit or which could result in a property loss.
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9.11 Vendor's liability shall not be limited to the specified amounts of insurancerequired
herein.
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10.1 Failure of the City to insist in any one or more instances upon performance of any ofthe
terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the Vendor's
obligation with respect to such performance shall continue in full force and effect.
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11.1 Complaints processed through the City Purchasing Division are to be corrected within
fourteen (14) days of formal notice of complaint. Written response to the Purchasing
Division is required. Failure to properly resolve complaints within the fourteen (14)
calendar day time period may result in the cancellation of the applicable line item(s) in the
price agreement.
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12.1 No subcontracting of the work under this Agreement will be allowed without written
permission from the City.
13.0 DELIVERY
13.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included inthe
unit price. The person placing the order will provide delivery and billing information. No
additional charges for expenses, freight, mileage, time, or similar items will be accepted
or paid by the City.
13.2 There may be instances when the Vendor may be asked to accelerate delivery ofan
order(s) due to extenuating circumstances. When this occurs, the Vendor will be
expected to provide this service at no additional cost.
13.3 In the event the Vendor is unable to meet the original delivery date(s), the City mustbe
contacted immediately, but prior to the due date, and seek an extension of delivery
time. Failure to comply with the delivery terms may be legal grounds for canceling an
order(s), or the entire Agreement in accordance with the Termination Clause shown
elsewhere in the solicitation.
13.4 Delivery tickets must include the City's Blanket Order Number and the ordering
department's Release Number.
13.5 Delivered items that are determined to be defective or not meeting bid specifications shall
be picked up and replaced by the Vendor, or the Vendor's designee, at no cost to the
City. If the item (s) are not picked up within one (1) week after notification, the item shall
become a donation to the City for disposition.
13.6 Material Safety Data Sheets
13.6.1 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.
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13.6.2 Failure to submit the required MSDS sheets and/or label each container in
accordance with RSA 277-A, shall place the Vendor in non-compliance and shall
result in civil or criminal penalties. The Vendor 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.
14.0 WARRANTY
14.1 The Vendor shall provide a warranty to include at a minimum, but not limited tothe
following:
14.1.1 In addition to any other warranties in this contract, the Vendor warrants that all
work and products supplied under this agreement conforms to the agreement
requirements and is free from any defect in workmanship, equipment, material, or
design furnished by the Vendor or any supplier at anytier.
14.1.2 Vendor agrees to repair or replace promptly, on a one-for-one basis without
additional cost to the City of Fort Worth, any and all defective work and products.
The City defines "prompt" repair or replacement to be within twenty- four (24)
hours after notification by authorized City personnel.
14.1.3 This warranty shall continue for a period of 90 days from date of acceptance of
products and work by the City.
14.1.4 The Vendor shall remedy at the Vendor's expense any non-conforming or
defective products or work. In addition, the Vendor shall remedy atVendor'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 productsfurnished.
14.1.5 The Vendor's warranty with respect to products repaired or replaced will run for
90 days from date of installation and acceptance of such by the City.
14.1.6 The City of Fort Worth shall notify the Vendor, within a reasonable time afterthe
discovery of any failure, defect, or damage.
14.1.7 If the Vendor 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 Vendor's
expense.
14.1.8 This warranty shall not include failures attributable to accident, fire, ornegligence
on the part of City personnel.
14.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliersfor
work performed and materials furnished under this contract, the Vendorshall:
14.2.1 Obtain all warranties that would be obtained in normal commercial practice;
14.2.2 Enforce all warranties for the benefit of the City of Fort Worth.
15.0 SAFETY
15.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and
regulations; State: laws, ordinance and regulations; County: laws, ordinances and
regulations; and City: laws, ordinances, and regulations for safety of people,
environment, and property. This includes, but is not limited to, all licenses, all Federal,
State, County, and City Agencies, Administrations and Commissions such asthe
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Environmental Protection Agency (EPA), Occupational Safety and Health Administration
(OSHA), and the Texas Commission on Environmental Quality (TCEQ).
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16.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to City property.
� '�7�ti�:7� _ � ►� ► : � �T�l
17.1 Contract administration will be performed by the City Department. In the event the
Vendor fails to perform according to the terms of the agreement, The Department head or
his/her designee will notify the Vendor, in writing, of its failures. A meeting may be
arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared
giving the Vendor 14 calendar days to cure any deficiency.
17.2 In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Purchasing Manager who will take appropriate action to cure the
performance problem(s), which could include cancellation, termination for convenienceor
default. If the agreement is terminated for default, the Vendor may be held liable for
excess cost and/or liquidated damages.
17.3 The Vendor will be paid only those sums due and owing under the agreement for
services satisfactorily rendered, subject to offset for damages and other amounts which
are, or which may become, due and owing to the City.
17.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Vendor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and subVendors
to cease work. Subject to the terms of this agreement, the Vendor shall be paid a
percentage of the agreement price reflecting the percentage of the work performed prior
to the notice of termination, plus reasonable charges the Vendor can demonstrate to the
satisfaction of the City using its standard record keeping system, have resulted from the
termination. However, in no event shall the total of all amounts paid to the Vendorexceed
the agreement price. The Vendor shall not be reimbursed for any profits which may have
been anticipated, but which have not been earned up to the date oftermination.
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18.1 The following information must be submitted as part of the bid package and shall be
supplied in the following order:
18.1.1 Bidder's background, services provided and number of years in business.
18.1.2 Bidders shall provide evidence that they are duly qualified and capable tofulfill
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.
18.1.3 In order to receive bid award consideration, the bidder shall maintain sufficient
resources to fulfill normal City of Fort Worth requirements.
18.1.4 Bidders shall provide a reference list of a minimum of three (3) current customers
(comparable in size) who the bidder has recently supplied subject item(s) on a
continuing basis over a recent twelve (12) month period.
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19.1 Bids will be evaluated based on the bidder who offers represents the "best value" to the City.
Bids that do not receive 50% or more of the total available points excluding the points for
price will be deemed nonresponsive. The following criteria will be considered todetermine
the best value:
19.1.1 Cost of service - Maximum 40 points available
19.1.2 Reputation of the bidder and the bidder's services-Maximum 30 points available
19.1.2.1 Ratings will be based on references provided and relevantexperience
19.1.3 Bidder's past relationship with the City - Maximum 30 points available
19.1.3.1 If no past relationship with the City the vendor will receive a minimum of
15 points.
19.2 In order for the City to receive adequate coverage on its requirements as specified inthe
solicitation, the City reserves the right to make multiple awards.
19.3 The City reserves the right to accept or reject in whole or in part any or all bids received
and to make an award on the basis of individual item, combination of items, or overall bid,
as it is deemed in the best interest of the City.
19.4 The City also reserves the right to reject the bid of a bidder who has previously failed to
perform properly or complete on time agreements of a similar nature.
19.5 The City reserves and shall be free to exercise the right to evaluate bid in relation to
performance record of bidder with the City itself, another municipal corporation of like
size, or private corporations during the past two-year period. Such precautions are
deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items
within the prescribed time can create emergency situations and impose unnecessary
hardship on both the City as a municipal corporation and the public at large.
20.0 BIDS
20.1 Bidders shall submit the following items with their bid:
20.1.1 A completed and signed original Invitation to Bid (ITB) form;
20.1.2 A completed and signed original Bid Solicitation form;
20.1.3 A completed and signed original Conflict of Interest Questionnaire, AttachmentA;
20.1.4 A completed Bidder's Contact Information Form, Attachment B;
20.1.5 A completed Consideration of Location of Bidder's Principal Place of Business,
Attachment C;
20.1.6 A completed Reference Sheet, Attachment D;
20.1.7 A completed Vendor Qualification Questionnaire, Attachment I;
20.1.8 All items listed in Section 18.0, BidderQualifications;
20.1.9 Scanned Copy of all documents listed in paragraph 20.1 in a flash drive.
20.2 Failure to submit the items listed in paragraph 20.1 may be grounds for rejection of a bid
as non-responsive to the specifications.
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����lq�'��C�P►E-'i
21.1 Questions, explanations or clarifications desired by a Vendor regarding any part of the
bid must be requested in writing from the Purchasing Division before the end of day on
Tuesday, December 8, 2020. Interpretations, corrections or changes to the bid made in
any other manner are not binding upon the City, and Vendors shall not rely on such
interpretations, corrections or changes. Oral explanations or instructions given beforethe
award of the Agreement are not binding.
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21.2.1 Hand Delivery must be submitted to the Purchasing
21.2.2 Email questions to: FMSPurchasinqResponses(cD.fortworthtexas.qov
Please include the bid number, name of the bid and the buyer's name (Megan
Fowler) in the subject line.
Please note, if an e-mail confirming receipt of your e-mail is not received within 1
business day, please contact City of Fort Worth Purchasing at 817-392-2462.
21.2.3 Facsimile: (817) 392-8440, Attention: Megan Fowler, Bid: 21-0025
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PART - IV
CITY OF FORT WORTH, TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS OR SEE ATTACHMENT J- DRAFT SERVICE
CONTRACT
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The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and sub-
vendors who act on behalf of various City departments, bodies or agencies.
2.0 DEFINITION OF SELLER
The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services,
its officers, agents, servants, employees, vendors and sub-vendors who act on behalf of the entity
under a contract with the City of FortWorth.
1 ► • : 11 � • ►
Any information submitted to the City of Fort Worth (the "City") may be requested by a member of
the public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§ 552.002,
552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information,
the Seller listed in the request will be notified and given an opportunity to make arguments to the
Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its
information may not lawfully be released. If Seller does not make arguments or the AG rejects the
arguments Seller makes, Seller's information will be released without penalty to the City.
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No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,
materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee found
guilty thereof shall there by forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the City Council
shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section
16, City of Fort Worth Charter)
� •;. ;
5.0 No employees of the Buyer or its officers, agents, servants, vendors or sub-vendors who
act on behalf of various City departments, bodies or agencies are authorized to
place orders for goods and/or services without providing approved contract numbers,
purchase order numbers, or release numbers issued by the Buyer. The onlyexceptions
are Purchasing Card orders and emergencies pursuant to Texas Local Government
Code Section 252.022(a) (1), (2), or (3). In the case of emergencies, the Buyer's
Purchasing Division will place such orders.
5.1 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer may
result in rejection of delivery, return of goods at the Seller's cost and/or non- payment.
. � : • •_ ._ ••.
Seller will package goods in accordance with good commercial practice. Each shipping container,
shall be clearly and permanently marked as follows: (a) Seller's name and address: (b)
Consignee's name, address and purchase order or purchase change order number; (c) Container
number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container
bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods
shall be suitably packed to secure lowest transportation costs and to conform to
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requirements of common carriers and any applicable specifications. Buyer's count or weight shall
be final and conclusive on shipments not accompanied by packing lists.
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Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will
operate as a tender of goods.
8.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and
takes possession of the goods at the point or points of delivery after inspection and acceptance
of the goods.
• � �7 �1�/�:7'i � �:7��i 6'3_1 �T�j :� 7_1 �F•��]:i r_� �C�]T[�:I_1:Zr] �'�
Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are
specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation costs
in the amount specified in Seller's proposals or actual costs, whichever is lower, if the quoted
delivery terms do not include transportation costs; provided, Buyer shall have the right to
designate what method of transportation shall be used to ship thegoods.
�� • . ;
The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase
change order, or release order.
11.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
12.0 INVOICES
12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase
change order after each delivery. Invoices shall indicate the purchase order or purchase
change order number. Invoices shall be itemized and transportation charges, if any, shall
be listed separately. A copy of the bill of lading and the freight waybill, when applicable,
should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's
Department and address as set forth in the block of the purchase order, purchase
change order or release order entitled "Ship to." Payment shall not be made until the
above instruments have been submitted after delivery and acceptance of the goods
and/or services.
12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer
shall furnish a tax exemption certificate upon Seller's request.
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13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller
warrants to be no higher than Seller's current prices on orders by others for products and
services of the kind and specification covered by this agreement for similar quantities
under like conditions and methods of purchase. In the event Seller breaches this warranty,
the prices of the items shall be reduced to the prices contained in Seller's proposals, or
in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract
without any liability to Seller for breach or for Seller's actual expense. Such remedies are
in addition to and not in lieu of any other remedies which Buyer may have in law or equity.
13.2 Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or selling
agency that is maintained by Seller for the purpose of securing business. For breach or
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violation of this warranty, Buyer shall have the right, in addition to any other right or rights
arising pursuant to said purchase(s), to cancel this contract without liability and to deduct
from the contract price such commission percentage, brokerage or contingent fee, or
otherwise to recover the full amount thereof.
� 1 •;�� 1 _::_►
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will
conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and
the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications,
drawings, and descriptions, Buyer's specifications shall govern.
1 1 _::_►
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice
is considered to have been received upon hand delivery, or otherwise in accordance with Section
29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause
this contract to terminate immediately.
. 1 • 1 _: ► • :
If this purchase is for the license of software products and/or services, and unless otherwise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable,
royalty free license to use the software. This software is "proprietary" to Seller, and is licensed
and provided to the Buyer for its sole use for purposes under this Agreement and any attached
work orders or invoices. The City may not use or share this software without permission of the
Seller; however Buyer may make copies of the software expressly for backup purposes.
� � _::_► _ ► ► : ► u ► � ► _ ':•• :
17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished
hereunder, including but not limited to: programs, documentation, software,
analyses, applications, methods, ways, and processes (in this Section each
individually referred to as a"Deliverable" and collectively as the "Deliverables,")
do not infringe upon or violate any patent, copyrights, trademarks, service marks,
trade secrets, or any intellectual property rights or other third party proprietary
rights, in the performance of services under thisAgreement.
17.2 SELLER shall be liable and responsible for any and all claims made against the
City for infringement of any patent, copyright, trademark, service mark, trade
secret, or other intellectual property rights by the use of or supplying of any
Deliverable(s) in the course of performance or completion of, or in any way
connected with providing the services, or the City's continued use of the
Deliverable(s) hereunder.
17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense,
including the payment of attorney's fees, any claim or action against the City for
infringement of any patent, copyright, trade mark, service mark, trade secret, or
other intellectual property right arising from City's use of the Deliverable(s), or any
part thereof, in accordance with this Agreement, it being understood that this
agreement to indemnify, defend, settle or pay shall not apply if the City modifies or
misuses the Deliverable(s). So long as SELLER bears the cost and expense of
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payment for claims or actions against the City pursuant to this section 8, SELLER
shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any
such claim; however, City shall have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect the City's interest, and
City agrees to cooperate with SELLER in doing so. In the event City, for whatever
reason, assumes the responsibility for payment of costs and expenses for any
claim or action brought against the City for infringement arising under this
Agreement, the City shall have the sole right to conduct the defense of any such
claim or action and all negotiations for its settlement or compromise and to settle
or compromise any such claim; however, SELLER shall fully participate and
cooperate with the City in defense of such claim or action. City agrees to give
SELLER timely written notice of any such claim or action, with copies of all papers
City may receive relating thereto. Notwithstanding the foregoing, the City's
assumption of payment of costs or expenses shall not eliminate SELLER's duty to
indemnify the City under this Agreement. If the Deliverable(s), or any part thereof,
is held to infringe and the use thereof is enjoined or restrained or, if as a result of a
settlement or compromise, such use is materially adversely restricted, SELLER
shall, at its own expense and as City's sole remedy, either: (a) procure for City the
right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make
them/it non-infringing, provided that such modification does not materially
adversely affect City's authorized use of the Deliverable(s); or (c) replace the
Deliverable(s) with equally suitable, compatible, and functionally equivalent non-
infringing Deliverable(s) at no additional charge to City; or (d) if none of the
foregoing alternatives is reasonably available to SELLER, terminate this
Agreement, and refund all amounts paid to SELLER by the City, subsequent to
which termination City may seek any and all remedies available to City under law.
: � • � ► : . ' � � •;. •;•.
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes,
methods, programs, and manuals that were developed, prepared, conceived, made or suggested
by the Seller for the City pursuant to a Work Order, including all such developments as are
originated or conceived during the term of the Contract and that are completed or reduced to writing
thereafter (the "Work ProducY') and Seller acknowledges that such Work Product may be
considered "work(s) made for hire" and will be and remain the exclusive property of the City. To the
extent that the Work Product, under applicable law, may not be considered work(s) made for hire,
Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns
exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may
have in any Work Product or any tangible media embodying such Work Product, without the
necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own
name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its
vendors hereby waives any property interest in such Work Product.
•� ► �•:._
The City owns and operates a computing environment and network (collectively the "Network"). If
Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other
network application, Seller shall separately execute the City's Network Access Agreement prior to
providing such services. A copy of the City's standard Network Access Agreement can be provided
upon request.
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Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of
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Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer
may have in law or equity.
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The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of
Termination" specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
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No interest, obligation or right of Seller, including the right to receive payment, under this contract
shall be assigned or delegated to another entity without the express written consent of Buyer. Any
attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all
purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller
agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by
Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights,
interests, or obligations to another entity. The documents that may be requested include, but are
not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form
W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any
entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide
necessary information in accordance with this section, Buyer shall not be liable for any penalties,
fees or interest resulting therefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
� � ��•� _ •►
This contract can be modified or rescinded only by a written agreement signed by both parties.
� . _ : �i ►
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with any
applicable proposal documents published by the Buyer and Seller's Response to such proposal
(the "contract documents"). This Agreement is intended by the parties as a final expression of their
agreement and is intended also as a complete and exclusive statement of the terms of their
agreement. No course of prior dealings between the parties and no usage of trade shall be relevant
to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a
course of performance under this Agreement shall not be relevant to determine the meaning of this
Agreement even though the accepting or acquiescing party has knowledge of the performance and
opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is
used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict
between the contract documents, the order of precedence shall be these Standard Terms and
Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and
Seller have otherwise negotiated a contract, this Agreement shall notapply.
.1 � ►
This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform
Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall
be governed, construed and enforced under the laws of the State of Texas.
ITB 21-0025 Boarding and Securing
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Seller shall operate hereunder as an independent Contractor(s) and not as an officer, agent,
servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to
control, the details of its operations hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees, vendors and sub-
vendors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its
officers, agents, employees, vendors and sub-vendors. Nothing herein shall be construed as
creating a partnership or joint enterprise between Buyer and Seller, its officers, agents,
employees, vendors and sub-vendors.
� _ ► � ► � u ► •�_� � C�7�11
28.1 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND ORCHARACTER, WHETHER
REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
28.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS BUYER), ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND
ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING LOST
PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT
CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS OFFICERS, AGENTS,
SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES.
29.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
11 _ ►� ► �� _ •►
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract, then Buyer will immediately notify Seller of such occurrence
and this contract shall be terminated on the last day of the fiscal period for which funds have been
appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions
of annual payments herein agreed upon for which funds shall have been appropriated and
budgeted or are otherwise available.
1 � � • :
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to
have been delivered three (3) business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attached, addressed to
Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth,
Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3)
business days following the day such notice is deposited in the United States mail, in a sealed
envelope with sufficient postage attached, addressed to the address given by Seller in its
response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery, notice
is considered received upon delivery.
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This contract is made and entered into with reference specifically to Chapter 17, Article I I I, Division
3("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and
Seller hereby covenants and agrees that Seller, its employees, officers, agents, vendors or sub-
vendors, have fully complied with all provisions of same and that no employee, participant,
applicant, Contractor(s)or sub-Contractor(s)has been discriminated against according to the
terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or sub-vendors
herein.
� u�� :� •► ►_ •►_
City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing
employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the
identity and employment eligibility of all employees who perform work under this Agreement.
Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of
all supporting employment eligibility and identity documentation for all employees, and upon
request, provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Vendor shall establish appropriate procedures
and controls so that no services will be performed by any employee who is not legally eligible to
perform such services. Vendor shall provide City with a certification letter that it has complied with
the verification requirements required by this Agreement. Vendor shall indemnify City from any
penalties or liabilities due to violations of this provision. City shall have the right to immediately
terminate this Agreement for violations of this provision by Vendor.
� 1 ■ _ ■ _ _ ► � ► : • ► 1� ► _ : � : 11 ►
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall
have the right to immediately terminate this Agreement for violations of this provision by Seller.
i 1 : . • _ �
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of
three (3) years after final payment under this contract, and at no additional cost to Buyer, have
access to and the right to examine and copy any directly pertinent books, computer disks, digital
files, documents, papers and records of the Seller involving transactions relating to this contract,
including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees
that the Buyer shall have access, during normal working hours, to all necessary Seller facilities,
and shall be provided adequate and appropriate workspace, in order to conduct audits in
compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any
copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer
shall give Seller reasonable advance written notice of intended audits, but no less than ten
(10) business days.
36.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller
warrants that it and any and all of its sub-vendors will not unlawfully discriminate on the basis of
disability in the provision of services to general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with, or employees of Seller or any of its
sub-vendors. Seller warrants it will fully comply with ADA's provisions and any other applicable
federal, state and local laws concerning disability and will defend, indemnify and hold Buyer
harmless against any claims or allegations asserted by third parties or sub-vendors against Buyer
arising out of Seller's and/or its sub-vendor's alleged failure to comply with the above-referenced
laws concerning disability discrimination in the performance of this agreement.
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If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations, services rendered or any warranty that arises under this Agreement, the parties shall
first attempt to resolve the matter through this dispute resolution process. The disputing party shall
notify the other party in writing as soon as practicable after discovering the claim, dispute, or
breach. The notice shall state the nature of the dispute and list the party's specific reasons for
such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a
good faith effort, either through email, mail, phone conference, in person meetings, or other
reasonable means to resolve any claim, dispute, breach or other matter in question that may arise
out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty
(60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter
to non-binding mediation upon written consent of authorized representatives of both parties in
accordance with the Industry Arbitration Rules of the American Arbitration Association or other
applicable rules governing mediation then in effect. If the parties cannot resolve the dispute
through mediation, then either party shall have the right to exercise any and all remedies available
under law regarding the dispute.
: � • - �7:1��7►`I�P►[d�7���:�«�I�C�����d�7��i1��-'�_�.i ��Y[d��i�E-9:7_1�
Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City
is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing
this contract, Seller certifies that Seller's signature provides written verification to the City that
Seller: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
Revised August 31, 2017.
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ATTACHMENT - A
CONFLICT OF INTEREST DISCLOSURE
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity
(i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available
at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have
with the City, state Vendor name in the # 1, use N/A in each of the areas on the form. However, a
signature is required in the #7 box in all cases.
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CONFL[CT OF INTEREST QUESTIONNAIRE FQRM GIQ
Far vendar d�ing business wiih kocal go�ernmental entity
7hi9 ques1ionnaire refleclS chan9es made to �he law by H.B. 23, 86Sh Leg., Reyular SesSipn. OFFICEUSEDIVLY
This questionnaire Es being iiled in accordance w�lh Chapter i76. Locai Gpvernment Code. hy a �endor wno tia,P �Eco�ven
has :3 6c�tiinEss ��I�tinnship as drfined hy Seclivn 176.001(1-a] wi[h a Ipcal gnvprnmenEal r.niily and the
vcndpr rrieets r�quirernints under Scctton �76.Offfi(al.
6y 18w thi5 qV05l�Of�nc�i�re m1151 bB liled wilTl;h@ r@GOrdS admi�l�5tratOr 0� Ih@ IOCaI gOV0mm0Rldl en{ity n0� lat0r
ihan fhc 71h bu;inCss d.ly 3f[r:r thrs date the �endor hr.cnmas awar� of faCIS Ihal require fhC StalCmenl tp pe
filed. Sr.e Seclipn 176.Op6{�-1 ], LncaE Gqvr.rnmr.nt Code-
A �endor cammits a�i oflense ii 1he �endor knaw�ngly v�olates Sec�ion 176.406. Local Ga�erninenl Code. Rn
olfense vnder this sec[�on Is a misdem�+anor
� Name of �endorwho has a business re3atianship with [acal go�ernmental entity.
2 ❑Check this noX ff you sretiling an updateta a prevfauslyflled questionnafre. [The law requires ihat ypu file an upda�ed
CompEelerf questionna�re wilhi lF�e apprapriaEe liling autharily r�ot la[er tfoan tfie 7lfi business day alter [he daE� vn whiCf�
you he�ame aware tnar the originally liled ptiestionnaire was inr,omplele or inacr.urate.�
3 Narne p1 lOcal go�ernment qfflcer ahout whom the inTqrmation is 6eEng diSclased.
Name af Offieer
4 Oeserihe eaeh emplaymen! ar other husiness retafions�ip with the local ga�ernment officer, Qr a family memher af �he
officer, as desCrihed hy Sectipn 17fi.C103[aj{2][AJ. Also descripe any family relationship with the local governmenT pftiCer.
Cvmplete su6parts A and 8 for each employment or business relatianship descii6ed. Altach additional pages tvthis Form
C[Q as ne�essary.
A. IS 1hE EpC01 gpvErnmGnt pf}iCBr pr 0 lamily meml78r pf lhE pfliCEr reCSi�ing pr IlkEly tf� rBC�ive IaxaqlE inC�mB,
❑if3er than investment income, froin �he vendor7
�Yes �N❑
B. Is the �endor rar.ei�ing or likaly to rBceive taxable in�ame. other than investmen! incame, from ar a� the direction
oT tfie Eocal go�arnment o�ficor or a family mem6or of ihe oHi�er AN� the taxa6le inoome is nat received fram the
local go�ernmenlaE antiEy?
� Yes � Mv
$ Qescriheea�h employment or business relatianshEp thatlhe �endpr named in Se�tian 1 maintafns with a corparalion Rr
other 6usiness entity wilh respect !o whf�h the iocal goVernment afticer Ser�es as an officer or dfrector, or holds an
pWIIAT$hfp 11ttQrESt OT �YIC pCl'Ge11t OY fl'IOYE.
6
� Gheck this hox if the �endar has given the looal ga�ernment ofEicer or a family memher o# the afficer one or more gifts
as des�ribed in Se�tion 176.603{a)[2]{8y, axcluding gifis descrihed in Section i76.003[a-tJ.
7
Signalurp af Upndpr doing husiness wilh Ehr. qp�ernrnenlal r.nlity �aSr
Fprm prn�ided hy TPxas EthiCs Gommi55ion www.ethiC5.5tdiB.lx.u5 Rev�sed 1T;3012015
ITB 21-0025 Boarding and Securing
Page 28 of 71
C�NFLICT tiF INTERES'f i�UESTIONNAIR�
For �endar doing business with lo�al ga�ernmental entify
A complete oopy of Ghapter 17s vf the Lvcal Go�ernmen� Cade may be tvun� at http:r'+www.statuces.legis.sta�e.tx.us!
❑acs'LGIhtmILCx 176.htm. Far easy re#erence, below are some oi the sections cited an this form.
Looal Go�ernment Cade § 176.001 f 1-a]: "6usiness reiativnship" means a connectipn between twp or mvre par[ies
6ased ari oomrnercial acl�vily oi ane af tl�e parties. The Lerrri daes nol include a aannection k�ased an:
{A} a transactian that is subject to rate vr fee �egulation by a federal, state, v� Ivcal governmental enfity or an
agan�y of a federal. state, flr lo�al governmeniai entiEy:
[B) a iransa�Kir�n canduGted a[ a prioe and subject ta terms a�ailable tv lhe pu�fic: or
{C} a pur�hase or Iease of goads orservices from a person that is chartered 6y a state or federal agen�y and
�hal is Subj9Cl iq regul�r 9x8min�lipn k]y, and reppriing �q, �hai �,yency.
Lacal Go�ernment Code § 176.�3[a](2){A� and {8�;
(ay A lo�al ga�ernmen� oflicer sl7all file a conpicts disclasure s1a[ement wiih respect to a vendar if:
{2} the �endor�
(Al has an emplpyment ar vther nus�ness relat�anship wilh the fUcal governmerd vffiCer or a
family member of Ihe offiGer ihat resuits in the afficer ar family member recei�ing taxable
income, other Ihari in�estment incarrie. lhat exceeds 5�,50� during th3e 12-rnanth peripd
preceding the date thal [he afficer heevmes aware that
(} a contra�t between the lacal governmental entity and vendor has been executed�
[ii] the Iocal governmental entity is considering entering into a contract with the
vendar;
{$} has gi�en tQihB 14ca1 go�ernment officer vr a family member of the affiCerane or more gifts
Ih3i ha�e 2n 2ggrgg8ie value af ntore than $7 Op in the 12 •month period preCeding the date the
pfficer pecomes aware that:
{i� a contract beiween [he local governmental entity and �endor has been exe��ted; or
{ii} thE IflCal gpvernmental entity is considering Entering inta 2 oor�traci wiFh Ihe �endar.
LoCal Gv�ernment Cade § 175.006Ia} and [a-1 j
[a] A�endvr shall file a oampleted Gonfiiot af in{erest questionnaire if lhe vendor has a business relativnship
with a �ocaE go�ernmental entity and:
{1 ] has an emplayment or other 4usiness reEationship with a Ivpal govemment afficer vi that looal
gv�ernment�l entity, Dr � family memt]er vf fhe oNicer, desoribed by Seotian 17fi.0a3{a}[2]{Aj;
{2j has given a local government officer of that Iv�al ga�ernmenta! entity. or a family memher of the
offi�er. one vr mvre gifts with the aggregate �alue spe�i#ied by Section 176.003{aj{P]{B], exduding any
gift descri6ed 6y 5e�tian 176.003{a-11; or
{3f has a family relativnship with a loral government offi�er af tha! Iv�al governmental entity.
[a-1 } The campleted �vnflict of interest questivnnaire must 6e filed with the appropriate recvrds administratvr
not later than the se�enih business day after ihe later of:
[t ) tt�e date tnat tne �endor:
�A} begins discussions vr negvtiatiqns ta enter intn a contract with the local go�ernmental
entity; flr
{B] su�mits to the lacal gb�ernmentai entity an appliaaYifln, respanse to a request Ebr propnsals
nr bids, correspondence, ar another writing related fo a pofential cflntract with the local
gavernmenta[ entity: or
{2) the date the uencfor hecomes aware:
{A} of an emp�oyment or other business reiationship with a local government officer, or a
femily memher o{ the officer, described by 5ubsection (a]:
{6j Ihat the �endar has gi�en ane or more gifts described by 5ubsectipn [a}; or
{C} of a family relationship with a local government officer.
Form pravided ny Texas E[liics Camm�ss{on www.eonics.saate.tx.us Re��sed ii:3n:2as5
ITB 21-0025 Boarding and Securing
Page 29 of 71
ATTACHMENT — B
BIDDER'S CONTACT INFORMATION
Vendor's Name:
Vendor's Local Address:
Phone: Fax:
Email:
Name of persons to contact when placing an order or billing questions:
Name/Title
Phone:
Email:
Name/Title
Fax:
Phone: Fax:
Email:
Name/Title
Phone: Fax:
Email:
Signature Printed Name Date
ITB 21-0025 Boarding and Securing
Page 30 of 71
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, identifyaddress:
What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%]
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees?
b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by
company (for prior tax year — Fort Worth office or former location, if Fort Worth office is newly-
established)?
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the date
hereof, under penalty of perjury.
(Company Name)
(Date)
(Signature) (Printed Name and Title )
ITB 21-0025 Boarding and Securing
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ATTACHMENT - D
REFERENCE SHEET
Please complete and return this form with your bid.
The Vendor 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
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
�
�
�
)
)
)
Fax Nnmbee (
Fax IQnmbec (
Fax Nnmbec (
ITB 21-0025 Boarding and Securing
Page 32 of 71
)
�
)
ATTACHMENT — E
HOW TO REGISTER WITH THE CITY OF FORT WORTH
There are two ways that any business can bid on an event with the City of Fort Worth
1. Access http://fortworthtexas.qov/purchasing/ and view listed Bids & Requestswithout
registering.
2. Register to become a Bidder (A bidder is someone that wishes to start doing business
with the City of Fort Worth)
To reqister as a Bidder nlease follow the below stens usinq Internet Exnlorer:
Note: if you need assistance within the system while comnletinq reqistration. there is a
heln icon for each section.
Step 1 Access http://fortworthtexas.qov/purchasinq/ and choose Loq In Box under PeopleSoft
Suqplier Portal verbiaqe.
PeopleSoft Supplier Parta1
Step 2 On the right side in the PeopleSoft Supplier Portal — Select Registration
Step 3 Select "Register as a Bidder" — Register Now
The field with the asterisks are required.
Step 4 Under SelectActivity Below— select Business or Individual
Step 5 Under Unique ID(W-9/TIN Identification Number)& Company Profile:
Enter the following:
a) W-9/TIN Number - no dashes
b) Legal Entity Name — Generally found on line 1 of your W-9. This name must matched
your W-9/TIN number and be registered with the IRS. To list a DBA use the
additional name field.
Step 6 Under Profile Questions
*****These fields are not text fields****
Complete the following questions by using the calendar and magnifying glass accordingly
for each question. If you are not certain, please answer to the best of your knowledge.
Step 7 Under Standard Industry Codes (These codes will used by the City to notify you for
purchasing opportunities so please choose as many categories that are associated
with your company to ensure you will receive these)
Select the following:
a) SIC Code Type — Use dropdown and select UNSPSC
b) Category Code — Select magnifying glass
c) Lookup Category Code — Under SIC Code Type — Description change "Begins With"
to "Contains" and input a key word that would be associated to your company's
business. This will give you a listing of the categories the City has to choosefrom.
** TIP: The search is recommended to use the "contains field"_ in order to search
all categ� codes associated with your business. These are broad categories**
Step 8 Under Primary Address — Complete the following:
ITB 21-0025 Boarding and Securing
Page 33 of 71
a) Country
b) Address Lines
c) City
d) County
e) Postal
f) State
g) Email ID ( Email Address)
Step 9 Under OtherAddresses — Check any other addresses that correspond to your business
needs, such as if you use a different remit to address from your primary address.
Step 10 Under Company Contacts — Select the Add Contact, Primary Contact — Enter the
following:
a) First Name
b) Last Name
c) Title — Current Job Title
d) Email ID — Email Address
e) Telephone
f) Fax
g) Contact Type (not a text field, please use the drop down to select)
Step 11 - Under User Profile Information — Enter the following
a) Requested User ID — Create a Username
Please do not use special characters in the username such as &,#,$.
b) Enter Description — Current Job Title
c) Language Code
d) Time Zone
e) Currency Code
Step 12 Review email address - Under Terms and Conditions — Select the Terms and
Agreement Hyperlink - Select the box to accept the Terms
Step 13 Click Submit
ITB 21-0025 Boarding and Securing
Page 34 of 71
ATTACHMENT F
AUTOMATED INVOICE PROCESSING
Go live date: 10/28/2019 Go live date: 7/1/2020
PHASE 1 PHASE 2
Business Department Business Department
Unit # Unit #
W013 FINANCIAL MANAGEMENT SERVICES FWO55 AVIATION
W004 �ORMATION TECHNOLOGY FW002 CITY MANAGERS OFFICE
FWO11 CITY SECRETARY
FW007 COMMUNICATION & PUBLIC
ENGAGEMENT
FW008 DIVERSITY & INCLUSION
FW003 pLANNING & DATA ANALYTICS
FW021 pROPERTY MANAGEMENT
Go live date: 3/1 /2021 Go live date: 5/1 /2021 Go live date: 8/l /2021
PHASE 3 PHASE 4 PHASE 5
Business Business Business
Unit # Department Unit # Department Unit # Department
FW023 CODE FW012 CITY ATTORNEY FW020 TRANSPORTATION
COMPLIANCE & PUBLIC WORKS
FW017 ECONOMIC FWO10 CITY AUDITOR FW060 WATER
DEVELOPMENT
FW036 FIRE FW014 HUMAN RESOURCES
FW084 LIBRARY FW019 NEIGHBORHOOD
SERVICES
FW038 MUNICIPA FW080 PARK & RECREATION
L COURTS
FW035 POLICE FW006 DEVELOPMENT
SERVICES
FW025 PUBLIC EVENTS
Effective "Go live date" for each department stated above, send invoices electronically to our centralized
Accounts Payable department invoice email address: supplierinvoices(a�fortworthtexas.qov. This email
address is not monitored so please do not send correspondence to this email address. The sole purpose
of the supplier invoices email address is to receipt and process supplier invoices.
Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO
number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234)
To ensure the system can successfully process your invoice in an expedient manner, please adhere to the
following requirements:
• All invoices must be either a PDF or TIFF format.
• Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
• One invoice per attachment (includes PDFs). Multiple attachments per email is
ITB 21-0025 Boarding and Securing
Page 35 of 71
acceptable but each invoice must be a separate attachment.
Please do not send handwritten invoices or invoices that contain handwritten notes.
Dot matrix invoice format is not accepted.
The invoice must contain the following information:
• Supplier Name and Address;
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit# (i.e. FW013)
• Complete City of Fort Worth PO number (i.e. the PO number must contain all
preceding zeros);
• Invoice number;
• Invoice date; and
Invoices should be submitted after delivery of the goods orservices.
***To prevent invoice processing delays, please do not send invoices by mail �email and please
do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov***
To check on the status of an invoice, please contact the City Department ordering the
goods/services or the Central Accounts Payable Department by email at:
ZZ FIN AccountsPavable(c�fortworthtexas.aov.
If you are unable to send your invoice as outlined above at this time, please send your invoice to our
centralized Accounts Payable department instead of directly to the individual city department. This will allow
the city staff to digitize the invoice for faster processing.
If electronic invoicing is not possible, you may send your paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
The city's goal is to receive 100% of invoices electronically so that all supplier payments are processed
efficiently. To achieve this goal, we need your support!
If you have any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to
ZZ FIN AccountsPavable(a�fortworthtexas.qov.
ITB 21-0025 Boarding and Securing
Page 36 of 71
ATTACHMENT — G
NO BID SHEET
If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to:
Megan Fowler, Buyer
Bid: 21-0025 Boarding & Securing
Purchasing Division
City of Fort Worth, 200 Texas Street
Fort Worth, Texas 76102
Fax No. 817-392-8440
E-mail address: FMSPurchasingResponses@fortworthtexas.gov
Please check the items that apply:
� Do not sell the item(s) required.
� Cannot be competitive.
� Cannot meet the Specifications highlighted in the attached Bid.
� Cannot provide Insurance required.
� Cannot provide Bonding required.
� Cannot comply with Indemnification requirements.
� Job too large.
� Job too small.
� Do not wish to do business with the City.
� Other reason.
Company Name:
Authorized Officer or Agent Signature:
Telephone: ( ) FAX Number: ( )
ITB 21-0025 Boarding and Securing
Page 37 of 71
ATTACHMENT — H
DETAILED SCOPE OF SERVICES/SPECIFICATIONS
FOR BOARDING AND SECURING
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids from qualified contractors to provide boarding
and securing services for the Code Compliance Department.
1.2 Unit prices shall include all associated costs, not limited to delivery, fuel and handling
charges. No additional charges will be accepted or paid by theCity.
1.3 Following the award, additional services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the
Agreement, may beadded.
2.0 DEFINITIONS
2.1 BOARDING AND SECURING: Boarding and securing of all entry windows, doors
ways, or other openings of multiple levels as specified by an authorized Code
Compliance officer using suitable material as outlined in this Agreement. This
Agreement also includes fencing, clear polycarbonate (Lexan) and steel plating as an
alternative method approved bythe Code Compliance Department.
2.2 PRICE DETERMINATION: The number of openings secured will be annotated by the
type (window, door, over 32 square feet, or under 32 square feet) on the work order
and returned with a separate invoice. Invoice shall include a list of openings by type
and cost to secure on a company invoice. Bid price per opening will include all weather
protection, additional framing if needed, hardware, materials and labor.
2.2.1 Pricing for securing other openings and oversized openings shall be based upon
a set charge. Less than 32 square feet shall have one price and greater than 32
square feet shall have one price using 3/4" CDX.
2.2.2 Fencing price shall be based on a linear foot cost which shall include cost for
setting posts orsecuring directlyto a structure.
2.2.3 Pricing to secure a window encasement using'/4" CDX and Clear Polycarbonate.
2.2.4 Pricing to secure a door encasement 3/4' CDX and Clear Polycarbonate.
2.2.5 Pricing to secure openings using 14 gauge steel plates, price will include all
welding, cutting, and 3" angle iron framing. Price based on 3'x7' door.
2.3 WEATHER PROOFING: The act of coating 3/4" CDX plywood used in the securing
process, with weather resistant, light tan color paint.
2.4 EXIT DOORS: To be considered an exit door, door must face a public right-of-wayor be
visible from publicview.
2.5 WORK ORDER: All work to be performed will be assigned using the Code
Compliance "BOARD-UP WORK ORDER".
2.6 EMERGENCY BOARDING: A work order for boarding services to be
performed within 24 hours ofnotification.
2.7 6" ON CENTER: See Section 3.4 below as well as "IMAGE B".
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Page 38 of 71
2.8 TOTAL COST: Total amount of material, labor, framing, and hardware used for the
securing operation of the structure.
2.9 CLASS 1: Securing only-the opening(s) identified on the Work Orderusingsection
3.4 securing operation standards.
2.10 CLASS 2: Used to secure all encasements and other openings due to a repeated
property breech. Secure all openings (breeched and secured) using section 3.4 securing
operation standards
2.11 CLASS 3: Special work order used to secure properties with specific life, health, and
safety hazards. Only performed by special request at the direction of the Code
Compliance Superintendent. Using section 3.4.9 securing operation standards orother
methods deemed appropriate for the situation.
2.12 OTHER OPENINGS: Shall include wall breeches not considered a window, door, or
garage door but limited to less than 32 squarefeet.
2.13 OVER SIZED OPENINGS: Opening greater than 4' X 8' = 32 square feet and not
considered a window or door encasement.
2.14 RESIDENTIAL STRUCTURES: Structures which are built or constructed, and further
identified as a dwelling, an apartment building or an accessory building on a lot.
2.15 TYPE 1 FASTENERS —Wood framing screws with Torque heads shall be used for wood
framing only.
2.16 TYPE 2 FASTENERS — Self-tapping metal screws with Torque heads shall be used for
metal framing only.
2.16.1 Zinc coated Toraue head screws long enough to reach 2" into wood framing and
3" self-tapping screws for metal frames, typically 3'/4" long minimum. (Alternate:
wood door and window trim may be removed and 3" fastener may beused.)
2.17 LEXAN (Polycarbonate Resin) - An extremely versatile product with outstanding
properties and good chemical resistance for a wide variety of applications. This
material will only be used with approval from the Code Compliance Director to
address special circumstances.
3.0 PERFORMANCEREQUIREMENTS
3.1 Notification to Contractor (Board Up Work Order)
3.1.1 The Contractor shall be provided a Board-Up Work Order with the amount of
windows, doors, or other openings that require securing.
3.1.2 Contractor shall pick up work orders within two (2) business days upon
notification by phone or email.
3.1.3 The Contractor shall secure all structures indicated on the work order within five
(5) business days after notification of the work order being issued. The
Contractor shall secure all structures determined to be an Emergency Board-
Up within twenty-four (24) hours when determined by the Code Compliance
Department to besuch.
3.1.4 Location of windows, doors, other openings, and over-sized openings to be
secured will be identified using:
3.1.4.1 N: North
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Page 39 of 71
3.1.4.2 S: South
3.1.4.3 E: East
3.1.4.4 W: West, sides of the structures.
3.1.5 Any work performed without approval prior to any work being performed
from the Code Compliance Officerwill not be paid bythe City.
3.2 Period of Performance
3.2.1 The Contractor shall secure all structures indicated on the work order within five
(5) business days after notification of the work order.
3.2.2 The Contractor shall secure all structures determined to be an Emergency
Board-Up within twenty-four (24) hours after notification of the work order. The
Department will determine an Emergency Board-Up.
3.2.3 The Contractor will submit electronically the updated Board-Up Work Order,
photographs and an itemized invoice within three (3) business days after
completing the securing.
3.2.4 In the event of default by the Contractor, the City reserves the right to procure
the services from other sources and hold the defaulting Contractor responsible
for any excesscosts.
3.2.5 If vector nesting (bees, wasps, and hornets) is encountered, the Contractor may
take necessary steps to exterminate the hazard after verification and cost
approval from the Code Compliance Supervisor. The invoice relative to such
extermination shall be submitted to the Code Compliance Department with the
corresponding Board-Up Work Order.
3.2.6 Contractor shall report any damage done to property owned by the City or damage
to private personal property to the Code Compliance Department, 817-392-6578,
within two (2) hours after occurrence.
3.3 PhotographicEvidence
3.3.1 Thefollowing minimum specifications will be required:
3.3.1.1 Use of digital cameras capable of at least 1(one) mega-pixel with image
resolution of 1280 x 1224 that adds date stamp on face of picture.
3.3.1.2 Contractor shall provide photographic evidence of each opening boarded
and secured.
3.3.2 Photographs shall:
3.3.2.1 Be taken prior to commencement of work that accurately depicts each
opening designated on the work order, and on completion showing the
work performed. Photographs shall be taken at the same angle priorto
installation and followinginstallation.
3.3.2.2 Be in color, and date and timestamped.
3.3.2.3 Be submitted electronically with the matching work order and invoice to the
assigned Code Compliance Officer listed on the Work Order.
3.4 Securing Operation
ITB 21-0025 Boarding and Securing
Page 40 of 71
3.4.1 Contractor shall inspect each location prior to securing the structure to
determine the number of openings to be secured match the work order.
3.4.2 Contractor shall use'/4" CDX plywood, carriage bolts of sufficient length to reach
through both the plywood and 2"x4" backup boards or braces, 3" torque head
fasteners placed 6" on center, and weather proof paint in the securing process.
Infrequently, the City may require intermitted 3" lag screw with '/z" washers.
3.4.3 Contractor shall weather proof each piece of plywood prior to installing on
structure. Also, any opening that has been previously secured shall be weather
proofed asneeded.
3.4.4 Contractor shall secure all identified ground floor openings unless additional
openings are added by the Code ComplianceOfficer.
3.4.5 Except for the last exit door, Contractor shall secure all openings indicated on the
work order by installing 3/4" CDX plywood that will fit the window screen inset for
windows, and fit flush with the door facings or jambs for all doors.
3.4.6 For windows and doors, except the last exit door, 2"x4" backup boards or braces
will be installed and secured with carriage bolts.
3.4.7 The plywood will be secured along the edges with 3" fasteners spaced six
(6) inches apart, as outlined in the illustrations in IMAGE A and B.
3.4.8 The last exit door will be secured using three (3), 3" fasteners spaced six
(6) inches apart.
3.4.9 Work Orders submitted as a Class 3(Section 2.11) as directed by the Code
Compliance Officer shall use securing standards described in this section for all
windows (breeched and secured). Class 3 door openings shall include 3" angle iron
framing on all four (4) sides secured with 3" lag screws or 2" masonry anchors if the
encasement is masonry. The door opening shall be covered with 14 gauge steel
and secured with 2" welds every 6". A Class 3 may or may not include multiple levels
of the structure.
3.4.10 There will be some Work Orders requesting securing by 6" chain link instead of
boarding. Chain link shall be 6" tall and may either secure the perimeter of the
property or be attached to the structure itself. Determination shall fall upon the
Code Compliance Officer and be notated on the WorkOrder.
3.4.11 Contractor shall update the work order form with the number of opening(s)
secured, and submit the completed form with the invoice.
3.4.12 Contractor shall notify the Code Compliance Officer via phone oremail the
same day or first working day to report each successful closure.
3.4.13 There will be work orders requesting securing a structure using'/4" clear
polycarbonate (Lexan) secured with three (3), 2'/2" 14 gauge steel tubing
horizontal braces and anchored with galvanized carriage bolts long enough to
properly secured the horizontal brace to the clear polycarbonate (Lexan)
3.5 Rejection of Contractor's Work
3.5.1 The City will evaluate completed work utilizing both photographic and visual
assessments. The Code Compliance Officer reserves the right to judge and
interpret the quality of the photographs submitted.
3.5.2 Work will be rejected and payment denied for work performed that is not in strict
ITB 21-0025 Boarding and Securing
Page 41 of 71
accordance with the specifications which includes, but is not limited to:
3.5.2.1 Missing or inadequate photographic evidence.
3.5.2.2 Missing or incomplete work orders.
3.5.2.3 Incomplete or inadequate securing of assigned work orders.
3.6 Contractor's Appeal of Rejected Work Orders
3.6.1 Contractor may appeal any rejected work to a Code Compliance
Supervisor within three (3) business days of notification.
3.6.1.1 It is the Contractor's responsibility to submit any documentation
necessary in support of the appeal.
3.6.1.2 All decisions by the Code Compliance Supervisor arefinal and
decisions will be in writing and provided to the Contractor.
4.0 CONTACT
4.1 Due to the unique nature of these Agreement specifications, the working relationship
between the City and Vendor is critical to its success. The Vendor shall have the ability
and is required to respond to all inquiries and issues in timely and professional manner.
Failure to respond as indicated shall result in the termination of thisAgreement.
4.2 Vendor shall designate at least one (1) person as Point of Contact with office phoneor
cell phone number and email foraccessibility.
4.3 Vendor's Point of Contact shall respond to calls, voicemails and emails within one (1)
hour during normal business hours.
4.4 The person designated for this purpose shall be identified in the bid submittals (See
Attachment B-Bidder's Contact Information).
4.5 Notification of any changes in contact numbers or personnel shall be in writing or hand
delivered to the Code Compliance ContractAdministrator.
5.0 OTHER PROVISIONS
5.1 Contractor shall be responsible for providing, maintaining and transporting all necessary
laborers, equipment, and fuel for its use, in connection with the program of securing
described herein.
5.1.1 Insufficient and/or inadequate equipment as determined by the City iscause for
rejection of a bid. The City reserves the right to thoroughly inspect and
investigate the establishment, facilities, business reputation, and other
qualification of any bidder and reject any bid, irrespective of price, if it shall be
determined lacking in any of the essentials necessary to assure acceptable
standards of performance.
5.2 Contractor shall train company employees to use the safest methods and equipment
available in transporting and securing operations.
5.3 All equipment will be maintained in safe operating condition.
5.4 Contractor shall take precautions at all times for the protection of persons and
property. Safety provisions of all applicable laws and ordinances shall be strictly
observed.
ITB 21-0025 Boarding and Securing
Page 42 of 71
5.5 Should squatters or unapproved occupants be encountered at a location where work is to
be conducted, the Contractor shall contact the Code Compliance phone number listed on
the Work Orderimmediately.
6.0 PERFORMANCE
6.1 Failure of the City to insist in any one or more instances upon performance of any ofthe
terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the Vendor's
obligation with respect to such performance shall continue in full force and effect
ITB 21-0025 Boarding and Securing
Page 43 of 71
FORT WORTHa
CITY OF FORT WORTH BID OFFER
EventlD Page
cFwoi-ai-ooas i
Event Round Version
i i
Event Name
ITB Boardin & Securin
Start Time Finish Time
ia/a/aoao oa:oo:oo csT ia/i�/aoao 13:30:00 csT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Descri ption
The City of Fort Worth (City) invites participation from qualified bidders to provide an ongoing service for
boarding & securing all entry windows, doorways, or other openings of multiple levels for the Code Department
per the attached specifications.
Terms & Conditions
A pre-bid conference will be held at 9:00 AM, Friday, December 4, 2020, via WebEx.
Meeting number (access code): 126 827 5000
Meeting password: qqNP8pCqX38
Join by phone
+1-469-210-7159 United States Toll (Dallas)
Questions are due by end of day Tuesday, December 8, 2020
FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY
INFORMED AND COMPETITIVE BID RESPONSE. ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED.
Invitation for Bid (ITB) Cover Sheet
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 and time stamped no later
than 1:30 P.M., December 17,2020, and then and read publicly via live stream on FortWorthTV around 2:00 P.M.
Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,
addressed to the Purchasing Manager. Bids shall be mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Attn: Megan Fowler, Buyer
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. 21-0025, ITB Boarding & Securing 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.
Document List:
1) Cover Sheet
2) Signing Sheet
3) Price/Bid Sheet(s)
4) Part I- Instruction to Bidders
5) Part II - Scope of Services and/or Specifications
6) Part III - Standard Purchasing Terms and Conditions/Draft Contract
7) Part IV Attachments
7.1) Attachment A- Conflict of Interest Disclosure
7.2) Attachment B- Bidder s Contact Information
7.3) Attachment C- Consideration of Location of Bidder s Principal Place of Business
7.4) Attachment D- Reference Sheet
7.5) Attachment E- How to Register with the City of Fort Worth
7.6) Attachment F-Automated Invoice Processing
7.7) Attachment G- No Bid Sheet
7.8) Attachment H- Detailed Scope of Services/Specifications
7.9) Attachment I- Draft Contract
* Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as
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 21-0025 Boarding and Securing
Page 1 of 71
FORT WORTH�,
CITY OF FORT WORTH BID OFFER
EventlD Page
cFwoi-ai-ooas a
Event Round Version
i i
Event Name
ITB Boardin & Securin
Start Time Finish Time
ia/a/aoao oa:oo:oo csT ia/i�/aoao 13:30:00 csT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
ITB Signing Sheet
The undersigned, by his/her signature, represents that he/she is submitting a binding bid and is authorized to bind the respondent to
fully comply with the solicitation document contained herein. The Authorized Person, by signing and submitting, 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. Documents are hereby incorporated into this Solicitation by reference, with the same
force and effect as if they were incorporated in full text. The period for acceptance of this bid will be one hundred and twenty (120)
calendar days after "Finish time/End Date Time".
Legal Name and d/b/a: �,L�tR EC1tErprlSE, Rroperty Preservation
add�ess: 25 Highland Park Vlg. 5te. 1 �D-73�
c�ty, State, z�p: Dallas, T� 75Z05
Bidder/Supplied ID with City of Fort Wort / Federal ID Number (TIN):�7— ���� ��
Name of the Authorized Representative: R�Cke�a
T�t�e: Administrator
Signature of the Authorized Representative and Date: l�• / �I C��
EmailAddress: �r1f� _ qrenterprise.com
Phone Number: G � �—���-994�
Will agreement be available for Cooperative Agreement use*? Yes No �
(* See Section 11, Cooperative Purchasing of Part II, Scope of Services and/or Specifications )
ITB 21-0025 Boarding and Securing
Page 2 of 71
FORT WORTH�,
CITY OF FORT WORTH BID OFFER
EventlD Page
cFwoi-ai-ooas 3
Event Round Version
i i
Event Name
ITB Boardin & Securin
Start Time Finish Time
ia/a/aoao oa:oo:oo csT ia/i�/aoao 13:30:00 csT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line Details
Line: 1
Description: Qty Unit UnitPrice Total
Boarding and Securing Openings greater than thirty-two 18.00 EA
(32) square feet, per attached specifications
� 34.81 1,989.�0
Line: 2
Boarding and Securing Openings less than thirty-two
(32) square feet, per attached specifications
Qty Unit UnitPrice
14.00 EA
Total
� ,���.77
Line: 3
Description: Qty Unit UnitPrice Total
Boarding and Securing a Window Opening, per 450.00 EA
attached specifications
�4 ��JQ
Line: 4
Description: Qty Unit UnitPrice Total
Boarding and Securing a Door Opening, per attached 194.00 EA
specifications
56.00 10,864
Line: 5
Description: Qty Unit UnitPrice Total
Securing a Door Opening using steel plating framed
with 3 angle iron, per attached specifications. Price 12.00 EA
based on typical 3 x7 door encasement
4 567.8�
Line: 6
Description:
Securing a structure using 14 x 6 gauge galvanized
chain link wire diameter fencing, per attached
specifications Attached to the structure and/or setting
Line: 7
Description:
Securing a structure using 1/4 clear
polycarbonate (Lexan), per attached
specifications
'i 4�3 5 612 J
Total Bid Amount:
98 353.8�
12.00 EA
123.28
�,9�� 22 $60
Qty Unit UnitPrice Total
4.00 EA
ITB 21-0025 Boarding and Securing
Page 3 of 71
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire re€leds changes made t0 ihe law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176. Local Govemment Code, by a vendor who pate Received
has a business relationship as defined by Section 176.001(1-a) with a local governmenial entity and the
vendor meets requirements under Section 176.006(a).
By law ihis questiorznaire must 6e filed with the records administraior oi the local governmentai entity not later
than the 7th business day after the date Ihe vendor becomes aware of facts ihat require the statement to he
filed. See Seciion 176.006�a-1). Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Govemment Code. An
offense under this seciion is a misdemeanor.
� Name of vendor who has a business relationship with loCal governmental entity.
Q&R Ente rise Pra ert P�-esenralion
s
❑ Checkthis box if you arefiling an update to a previouslyfiled 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 governmenl 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 refationship with the local governmenl officer.
Complete subparts A and B for each employment or 6usiness relationship described. Attach additional pages to ihis Form
CI� as necessary.
A. Is the local govarnment officer or a Eamily member of Yhe officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
� YEs � NO
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government oificer or a family member of the officer AND the taxable income is not received trom the
local governmental entity?
�Yes �No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entily with respect to which the local government officer serves as an officer or direcior, or holds an
ownership interest of one percent or more.
NIA
s
❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2j(B), excluding gifts described in Section 176.003(a-1).
7
�• �u'%'�' � �f� 6���z�
Signat�re of vendor doing busin ss with the governmenial entiiy Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1U30l2015
ITB 21-0025 Boarding and Securing
Page 28 of 71
ATTACHMENT — B
BIDDER'S CONTACT INFORMATION
VendOr'S Name: Q&R Enterprise, ProperfyPreservation
Vendor'S LOC81 Addl'ess: �� H�ghland ParEcVlg_ Sta 100-730, �allas, TX 75205
Phone: Z�¢�sa994o Fax:
Email: Into[r�qrente�prise_�am
Name of persons to contact when placing an order or billing questions:
Name/Title R�ck�laPvlaya�Adm�nistrator
Phone: �145GQ99�0 Fax:
Email: Ma}ro[�t�REnterpr�se.cam
Name/Title
Phone:
Email:
Name/Title
Phone:
Email:
Fax:
Fax:
�• ���� Rfcf�la Ivlayo 1211Al2020
Signature Printed Name Date
ITB 21-0025 Boarding and Securing
Page 30 of 71
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.
Do you have a Fort Worth office? If yes, identify address:
N❑
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%] 0°l0
2. Economic Development opportunities resulting from contract.
Number of Fort Worth resident-employees?
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)? Nra
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.
Q&R En[erprise, PropertyPreservation
(Company Name)
(Signature)
92/14/2020
(Date)
Ricl�la Mayd Administrator
(Printed Name and Title )
ITB 21-0025 Boarding and Securing
Page 31 of 71
ATTACHMENT - D
REFERENCE SHEET
Please complete and return this form with your bid.
The Vendor 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.
Company's Name
Name of Contact
Title of Contact
Present Address
McKinne�s Properties
C�arrPn MrKinnP�
Real Estate Property �wner
City, State, Zip Code Little Rock, AR
Telephone Number ( 501 )490-2671 Fax Number ( )
Email 5200$ p(�7SbCgIOba�l.net
Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
Dosh Constructions
Terrell Sanders
CEOlawner
Jacksonville. AR
(�j4� �'j�g_�7�� FaxNumber( )
terrefi.sandersCa�dos hcon.com
Company's Name Northsight Management
Name of Contact Maxine Gohen
Title of Contact SefVlce Man�ger
Present Address gg�1 E Mountain View Rd_ 5te_ � 00
City, State, Zip Code Scottsdale, AZ 85258
Telephone Number ( )842-323� Fax Number ( )
Email
maxine.cohen@norths ight.corr�
ITB 21-0025 Boarding and Securing
Page 32 of 71
ATTACHMENT I
Vendor Qualification Questionnaire
1. Date your company was established? a11a112dG�
2. What services are provided by your company pertaining to this bid? ��perty Preservation
3. How many years has your organization been in business under its present name?
3 years
a. List any former names your organization has operated under and the
Time frame. 5ir Q LLC, Properties� �Q�a-2�17
4. Please provide any applicable Vendor(s) licenses which are currently active and in good standing
with the state of Texas.
a. Name of License NlA
b. License Classification ��A
c. License Code(s) NlA
d. License number iV�A
e. Date Issued NIA
f. Expiration Date �vfH
g. Name of License
h. License Classification
i. License Code(s)
j. License number
k. Date Issued
1. Expiration Date
5. Please provide a list of most commonly used equipment/materials for Boarding & Securing:
a. �lywood
b. Camiage Bolts
c. Type samething...
d. Nuts
e. Wa sf� e r�
f. Studs
g. �{nob IocksJ�eadboltsJ�adlocks
h. Window locksl Slider locks
6. Have you ever defaulted on a contract? If so, why were you unable to fulfill the obligation?
No
ITB 21-0025 Boarding and Securing
Page 46 of 71
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ATTACHMENT I
Vendor Qualification Questionnaire
1. Date your company was established?
2. What services are provided by your company pertaining to this bid?
3. How many years has your organization been in business under its presentname?
a. List any former names your organization has operated under and the
Time frame.
4. Please provide any applicable Vendor(s) licenses which are currently active and in good
standing with the state of Texas.
a. Name of License
b. License Classification
c. License Code(s)
d. License number
e. Date Issued
£ Expiration Date
g. Name of License
h. License Classification
i. License Code(s)
j. License number
k. Date Issued
1. Expiration Date
5. Please provide a list of most commonly used equipment/materials for Boarding & Securing:
a.
b.
c.
d.
e.
f.
g•
h.
6. Have you ever defaulted on a contract? If so, why were you unable to fulfill the obligation?
- oar ing an ecuring
EXHIBIT D
CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITB NO.
ITB 21-0025 Boarding and Securing
Page 47 of 71
FORT WORTHa
CITY OF FORT WORTH BID OFFER
EventlD Page
cFwoi-ai-ooas i
Event Round Version
i i
Event Name
ITB Boardin & Securin
Start Time Finish Time
ia/a/aoao oa:oo:oo csT ia/i�/aoao 13:30:00 csT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Descri ption
The City of Fort Worth (City) invites participation from qualified bidders to provide an ongoing service for
boarding & securing all entry windows, doorways, or other openings of multiple levels for the Code Department
per the attached specifications.
Terms & Conditions
A pre-bid conference will be held at 9:00 AM, Friday, December 4, 2020, via WebEx.
Meeting number (access code): 126 827 5000
Meeting password: qqNP8pCqX38
Join by phone
+1-469-210-7159 United States Toll (Dallas)
Questions are due by end of day Tuesday, December 8, 2020
FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY
INFORMED AND COMPETITIVE BID RESPONSE. ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED.
Invitation for Bid (ITB) Cover Sheet
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 and time stamped no later
than 1:30 P.M., December 17,2020, and then and read publicly via live stream on FortWorthTV around 2:00 P.M.
Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,
addressed to the Purchasing Manager. Bids shall be mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Attn: Megan Fowler, Buyer
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. 21-0025, ITB Boarding & Securing 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.
Document List:
1) Cover Sheet
2) Signing Sheet
3) Price/Bid Sheet(s)
4) Part I- Instruction to Bidders
5) Part II - Scope of Services and/or Specifications
6) Part III - Standard Purchasing Terms and Conditions/Draft Contract
7) Part IV Attachments
7.1) Attachment A- Conflict of Interest Disclosure
7.2) Attachment B- Bidder s Contact Information
7.3) Attachment C- Consideration of Location of Bidder s Principal Place of Business
7.4) Attachment D- Reference Sheet
7.5) Attachment E- How to Register with the City of Fort Worth
7.6) Attachment F-Automated Invoice Processing
7.7) Attachment G- No Bid Sheet
7.8) Attachment H- Detailed Scope of Services/Specifications
7.9) Attachment I- Draft Contract
* Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as
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 21-0025 Boarding and Securing
Page 1 of 71
FORT WORTH�,
CITY OF FORT WORTH BID OFFER
EventlD Page
cFwoi-ai-ooas a
Event Round Version
i i
Event Name
ITB Boardin & Securin
Start Time Finish Time
ia/a/aoao oa:oo:oo csT ia/i�/aoao 13:30:00 csT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
ITB Signing Sheet
The undersigned, by his/her signature, represents that he/she is submitting a binding bid and is authorized to bind the respondent to
fully comply with the solicitation document contained herein. The Authorized Person, by signing and submitting, 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. Documents are hereby incorporated into this Solicitation by reference, with the same
force and effect as if they were incorporated in full text. The period for acceptance of this bid will be one hundred and twenty (120)
calendar days after "Finish time/End Date Time".
Legal Name and d/b/a: �,L�tR EC1tErprlSE, Rroperty Preservation
add�ess: 25 Highland Park Vlg. 5te. 1 �D-73�
c�ty, State, z�p: Dallas, T� 75Z05
Bidder/Supplied ID with City of Fort Wort / Federal ID Number (TIN):�7— ���� ��
Name of the Authorized Representative: R�Cke�a
T�t�e: Administrator
Signature of the Authorized Representative and Date: l�• / �I C��
EmailAddress: �r1f� _ qrenterprise.com
Phone Number: G � �—���-994�
Will agreement be available for Cooperative Agreement use*? Yes No �
(* See Section 11, Cooperative Purchasing of Part II, Scope of Services and/or Specifications )
ITB 21-0025 Boarding and Securing
Page 2 of 71
FORT WORTH�,
CITY OF FORT WORTH BID OFFER
EventlD Page
cFwoi-ai-ooas 3
Event Round Version
i i
Event Name
ITB Boardin & Securin
Start Time Finish Time
ia/a/aoao oa:oo:oo csT ia/i�/aoao 13:30:00 csT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line Details
Line: 1
Description: Qty Unit UnitPrice Total
Boarding and Securing Openings greater than thirty-two 18.00 EA
(32) square feet, per attached specifications
� 34.81 1,989.�0
Line: 2
Boarding and Securing Openings less than thirty-two
(32) square feet, per attached specifications
Qty Unit UnitPrice
14.00 EA
Total
� ,���.77
Line: 3
Description: Qty Unit UnitPrice Total
Boarding and Securing a Window Opening, per 450.00 EA
attached specifications
�4 ��JQ
Line: 4
Description: Qty Unit UnitPrice Total
Boarding and Securing a Door Opening, per attached 194.00 EA
specifications
56.00 10,864
Line: 5
Description: Qty Unit UnitPrice Total
Securing a Door Opening using steel plating framed
with 3 angle iron, per attached specifications. Price 12.00 EA
based on typical 3 x7 door encasement
4 567.8�
Line: 6
Description:
Securing a structure using 14 x 6 gauge galvanized
chain link wire diameter fencing, per attached
specifications Attached to the structure and/or setting
Line: 7
Description:
Securing a structure using 1/4 clear
polycarbonate (Lexan), per attached
specifications
'i 4�3 5 612 J
Total Bid Amount:
98 353.8�
12.00 EA
123.28
�,9�� 22 $60
Qty Unit UnitPrice Total
4.00 EA
ITB 21-0025 Boarding and Securing
Page 3 of 71
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire re€leds changes made t0 ihe law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176. Local Govemment Code, by a vendor who pate Received
has a business relationship as defined by Section 176.001(1-a) with a local governmenial entity and the
vendor meets requirements under Section 176.006(a).
By law ihis questiorznaire must 6e filed with the records administraior oi the local governmentai entity not later
than the 7th business day after the date Ihe vendor becomes aware of facts ihat require the statement to he
filed. See Seciion 176.006�a-1). Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Govemment Code. An
offense under this seciion is a misdemeanor.
� Name of vendor who has a business relationship with loCal governmental entity.
Q&R Ente rise Pra ert P�-esenralion
s
❑ Checkthis box if you arefiling an update to a previouslyfiled 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 governmenl 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 refationship with the local governmenl officer.
Complete subparts A and B for each employment or 6usiness relationship described. Attach additional pages to ihis Form
CI� as necessary.
A. Is the local govarnment officer or a Eamily member of Yhe officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
� YEs � NO
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government oificer or a family member of the officer AND the taxable income is not received trom the
local governmental entity?
�Yes �No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entily with respect to which the local government officer serves as an officer or direcior, or holds an
ownership interest of one percent or more.
NIA
s
❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2j(B), excluding gifts described in Section 176.003(a-1).
7
�• �u'%'�' � �f� 6���z�
Signat�re of vendor doing busin ss with the governmenial entiiy Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1U30l2015
ITB 21-0025 Boarding and Securing
Page 28 of 71
ATTACHMENT — B
BIDDER'S CONTACT INFORMATION
VendOr'S Name: Q&R Enterprise, ProperfyPreservation
Vendor'S LOC81 Addl'ess: �� H�ghland ParEcVlg_ Sta 100-730, �allas, TX 75205
Phone: Z�¢�sa994o Fax:
Email: Into[r�qrente�prise_�am
Name of persons to contact when placing an order or billing questions:
Name/Title R�ck�laPvlaya�Adm�nistrator
Phone: �145GQ99�0 Fax:
Email: Ma}ro[�t�REnterpr�se.cam
Name/Title
Phone:
Email:
Name/Title
Phone:
Email:
Fax:
Fax:
�• ���� Rfcf�la Ivlayo 1211Al2020
Signature Printed Name Date
ITB 21-0025 Boarding and Securing
Page 30 of 71
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.
Do you have a Fort Worth office? If yes, identify address:
N❑
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%] 0°l0
2. Economic Development opportunities resulting from contract.
Number of Fort Worth resident-employees?
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)? Nra
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.
Q&R En[erprise, PropertyPreservation
(Company Name)
(Signature)
92/14/2020
(Date)
Ricl�la Mayd Administrator
(Printed Name and Title )
ITB 21-0025 Boarding and Securing
Page 31 of 71
ATTACHMENT - D
REFERENCE SHEET
Please complete and return this form with your bid.
The Vendor 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.
Company's Name
Name of Contact
Title of Contact
Present Address
McKinne�s Properties
C�arrPn MrKinnP�
Real Estate Property �wner
City, State, Zip Code Little Rock, AR
Telephone Number ( 501 )490-2671 Fax Number ( )
Email 5200$ p(�7SbCgIOba�l.net
Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
Dosh Constructions
Terrell Sanders
CEOlawner
Jacksonville. AR
(�j4� �'j�g_�7�� FaxNumber( )
terrefi.sandersCa�dos hcon.com
Company's Name Northsight Management
Name of Contact Maxine Gohen
Title of Contact SefVlce Man�ger
Present Address gg�1 E Mountain View Rd_ 5te_ � 00
City, State, Zip Code Scottsdale, AZ 85258
Telephone Number ( )842-323� Fax Number ( )
Email
maxine.cohen@norths ight.corr�
ITB 21-0025 Boarding and Securing
Page 32 of 71
ATTACHMENT I
Vendor Qualification Questionnaire
1. Date your company was established? a11a112dG�
2. What services are provided by your company pertaining to this bid? ��perty Preservation
3. How many years has your organization been in business under its present name?
3 years
a. List any former names your organization has operated under and the
Time frame. 5ir Q LLC, Properties� �Q�a-2�17
4. Please provide any applicable Vendor(s) licenses which are currently active and in good standing
with the state of Texas.
a. Name of License NlA
b. License Classification ��A
c. License Code(s) NlA
d. License number iV�A
e. Date Issued NIA
f. Expiration Date �vfH
g. Name of License
h. License Classification
i. License Code(s)
j. License number
k. Date Issued
1. Expiration Date
5. Please provide a list of most commonly used equipment/materials for Boarding & Securing:
a. �lywood
b. Camiage Bolts
c. Type samething...
d. Nuts
e. Wa sf� e r�
f. Studs
g. �{nob IocksJ�eadboltsJ�adlocks
h. Window locksl Slider locks
6. Have you ever defaulted on a contract? If so, why were you unable to fulfill the obligation?
No
ITB 21-0025 Boarding and Securing
Page 46 of 71
EXHIBIT E
VERIFICATION OF SIGNATURE AUTHORITY
Foodie Enterprises, Inc. d/b/a Q&R Enterprise, Property Preservation
Rickela Mayo, Administrator
25 Highland Park Vlg. Ste 100-730
Dallas, TX 75205
Contractor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individualfunds.
Execution of this Signature Veri�cation Form ("Form") hereby certiiies 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.
Rickela Mayo
Name:
Position:Rickela Mayo
�%G�2CGt /�IGt�10
Rickela Mdyo (Mar29, )212L20 CDT)
Signature
2. Name:
Position:
Signature
Name:
Position:
Signature
N11Y10: ITB 21-0025 Boarding and Securing
�%G�G�GGZ /�%Gi�10 Page 48 of 71
Rickela Mayo (Mar 29, 212L20 CDT)
Signature of President / CEO
Other Title:
�ate:
M a r 29, 2021
EXHIBIT F
INSURANCE
The Contractor shall assume all risk and liability for accidents and damages that may occur to
persons or property during the prosecution of work under this Agreement. The Contractor shall file
with the City of Fort Worth Purchasing Division, prior to the commencement of services, a
certificate of insurance documenting the following required insurance
1.1 Failure to provide such information within iive (5) calendar days of a request by the City
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%.
Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following
limits:
$100,000 Each Accident
$500,000 Disease — Policy limit
$100,000 Disease — Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with statutory
benefits outlined in the Texas Workers' Compensation Act (Art. 8308 —1.01 et seq. Tex. Rev. Civ.
Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence,
$500,000 bodily injury disease policy limit and $100,000 per disease per employee.
4. Commercial General Liability Insurance including Explosion, Collapse, and Underground
Coverage shall be provided asfollows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the following: premises/operations, independent
Contractors, products/completed operations, persoi1 1 iri1LiI�i� anc� cont�r�ctual liability. Insurance
IT� 21-�JOZS$oar in an ecurin
shall be provided on an occurrence basis, and as compreller����so�l�q current�nsurance Services
Office (ISO) policy.
2. Auto Liability Insurance shall be provided as follows:
$1,000,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on "Any Auto", defined as autos owned,
hired and non-owned.
3. The Contractor shall furnish the Purchasing Manager a certiiicate of insurance documenting the
required insurance prior to the commencement of Services.
4. At each renewal period, Contractor shall furnish the Purchasing Manager and the Contract
Manager, with a current certificate of insurance documenting the required insurance within ten (10)
days after accepting therenewal.
Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice of cancellation,
material change in coverage, or non-renewal ofcoverage.
6. Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured,
as its interests may appear(ATIMA).
7. ADDITIONAL INSURANCEREQUIREMENTS
10.1 The City, its officers, employees and servants shall be endorsed as an additional insured on
Contractor's insurance policies excepting employer's liability insurance coverage under
Contractor's workers' compensation insurancepolicy.
10.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit
must be received before Contractor can begin work. Failure to supply and maintain such
insurance shall be a breach of contract. Contractor shall provide complete copies of all
insurance policies required by this Agreement. Certiiicates of insurance must be supplied
to:
Financial Management Services Department
Attention: Purchasing Division Bid No. 21-0025
200 Texas Street
Fort Worth, Texas 76102
10.3 Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance policy
shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non-
renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be
acceptable in the event of non-payment ofpremium.
10.4 Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of A: VII or equivalent measure of financial strength and solvency.
10.5 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
10.7 Warkers' compensation insurance policy(s) covering employees of the Contractor shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
10.8 City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
ITB 21-0025 Boarding and Securing
Page 70 of 71
10.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City shall
not be called upon to contribute to lossrecovery.
10.10 While the Agreement is in effect, Contractor shall report, in a timely manner, to the
Purchasing Division any known loss occurrence that could give rise to a liability claim or
lawsuit or which could result in a propertyloss.
10.11 Contractor's liability shall not be limited to the specified amounts of insurance required
herein.
ITB 21-0025 Boarding and Securing
Page 71 of 71
A
M&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT �'�'�RTIi
-�r
CITY COUNCIL AGEND
�7_r � �
CODE
3/2/2021 REFERENCE
NO..
P TYPE:
**M&C 21-
0140
CONSENT
LOG NAME:
PUBLIC
HEARING:
13P21-0025 BOARDING
AND SECURING MGF
�
SUBJECT: (ALL) Authorize Service Agreements with New Era Contract Services LLC, Santos R.
Chazarreta, d/b/a MJJ Construction, and Foodie Enterpises, Inc. d/b/a Q&R
Properties for Boarding and Securing Services with a Combined Annual Amount up to
$152,000.00 with a One-Year Initial Term and Authorize Four One-Year Renewal
Options for the Code Compliance Department
RECOMMENDATION:
It is recommended that the City Council authorize service agreements with New Era Contract
Services, LLC, Santos R. Chazarreta, d/b/a MJJ Construction, and Foodie Enterpises, Inc. d/b/a
Q&R Properties for boarding and securing services in a combined annual amount up to $152,000.00
with a one-year initial term and authorize four one-year renewal options for the Code Compliance
Department.
DISCUSSION:
The Code Compliance Department approached the Purchasing Division to purchase boarding and
securing services. These services include boarding and securing vacant properties that are
determined to have unsecured doors, windows or other openings that are in hazardous conditions.
To procure these services, staff issued an Invitation to Bid (ITB).
The ITB was advertised in the Fort Worth Star-Telegram on Wednesdays from December 2, 2020 to
December 16, 2020. Seventy-one vendors were solicited from the purchasing database system;
three responses were received. Proposals were scored based on reputation of the bidder, the
bidder's services, the bidder's past relationship with the City and total cost. If no previous relationship
was established with the City the vendor received half of the total points available for the criteria. The
proposals were reviewed by an evaluation committee consisting of staff from both the Code
Compliance and Property Management Departments. No guarantee was made that a specific
amount of services would be purchased. Both the Code Compliance and Property Management
Departments certify that New Era Contract Services LLC, Santos R. Chazarreta, dba MJJ
Construction, and Foodie Enterpises, Inc. d/b/a Q&R Properties met the requirements stated in the
specifications. Services will be requested based on price and availability.
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.
Each contract may be renewed for up to four one-year terms at the City's sole discretion. This action
does not require specific City Council approval provided that City Council has appropriated sufficient
funds to satisfy the City's obligations during the renewal term.
A waiver of the goal for M/WBE subcontracting requirements was approved by the Office of
Business Diversity, in accordance with the BDE ordinance, because the purchase of goods or
services is from sources where subcontracting or supplier opportunities are negligible.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council�acket/mc review.asp?ID=28692&councildate=3/2/202] 3/30/2021
M&C Review
Page 2 of 2
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the General Fund to support the approval of the above recommendation
and execution of the purchase agreements. Prior to any expenditure being incurred, the Code
Compliance Department has the responsibility to validate the availability of funds.
BQN\\
TO
rFund Department Account Project Program�vity�Budget�Reference # Amount
� ID ID Year (Chartfield 2) ��
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID � ID I Year �(Chartfield 2) � �
Submitted for Citv Manaqer's Office bv:
Jay Chapa (5804)
Valerie Washington (6192)
Oriqinatinq Department Head:
Additional Information Contact:
ATTAC H M E NTS
Reginald Zeno (8517)
Cynthia Garcia (8525)
Megan Fowler (2057)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=28692&councildate=3/2/202] 3/30/2021