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HomeMy WebLinkAboutContract 57952 CSC No. 57952 VENDOR SERVICES AGREEMENT EMERGENCY RENTAL OF BARRICADES This VENDOR SERVICES AGREEMENT ("Agreement") for emergency services due to the 2022 Summer Heat Wave is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and Buyers Barricades, Inc. ("Vendor"), acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the"parties." AGREEMENT DOCUMENTS: This Agreement and supporting documents shall include the following: 1. Exhibit A—Scope of Services; 2. Exhibit B—Price Schedule; 3. Exhibit C—Verification of Signature Authority Form and; 4. Exhibit D—Insurance Requirements. Exhibits A, B, C and D, 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 Exhibits A,B or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Vendor shall provide barricades and related equipment, set up, and breakdown on an as-needed basis on behalf of the Water Department. Exhibit"A,"- Scope of Services more specifically describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on the Effective Date, as established herein, and shall expire upon the end of the emergency need,unless terminated earlier in accordance with this Agreement. 3. COMPENSATION. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit"B,"—Price Schedule. Total payment made under this Agreement shall not exceed the amount of four hundred thousand Dollars ($400,000). Vendor 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 Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. City or Vendor 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-appropriation of Funds. In the event no fluids or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence OFFICIAL RECORD Vendor Services Agreement(Rev.9.07.21) CITY SECRETARY Page 1 of 15 FT.WORTH, TX 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 Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor 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, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees innnediately to make Rill disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event,Vendor shall,in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall frilly cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor 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 Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor 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 Vendor reasonable advance notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Vendor 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, Vendor 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 Vendor Services Agreement(Rev.9.07.21) Page 2 of 15 subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Vendor or any officers,agents,servants,employees or subcontractor of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractor of Vendor shall be entitled to any employment benefits from City. Vendor 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 AND INDEMNIFICATION. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSIONS), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANYICIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the soft-ware and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor 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 City's interest, and City agrees to cooperate with Vendor 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 City for infringement arising under this Agreement, 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, Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may din the foregoing, City's assumption of payment of costs or receive relating thereto. Notwithstanding g g, y p p Y g expenses shall not eliminate Vendor's duty to indemnify City wider this Agreement. If the software and/or documentation 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, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to Vendor Services Agreement(Rev.9.07.21) Page 3 of 15 continue to use the software and/or documentation; or(b)modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its primary 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 Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor tinder this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract for primary duties,such subcontractor shall execute a written agreement with Vendor referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a folly executed copy of any such subcontract. 10. INSURANCE. Insurance requirements are found on Exhibit D. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Vendor 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 Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, VENDOR 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 hand-delivered to the other part its agents, employees, servants or have been delivered when (1) party, g Vendor Services Agreement(Rev.9.07.21) Page 4 of 15 representatives,(2) delivered by electronic means with confirmation of the transmission, or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Buyers Barricades,Inc. Attn: Dana Burghdoff, Assistant City Manager Name:.Marie Rhom 200 Texas Street Title: Vice President Fort Worth,TX 76102-6314 7409 Baker Blvd. Facsimile: (817) 392-8654 Richland Hills, TX 76118 With copy to Fort Worth City Attorney's Office at same address W. SOLICITATION OF EMPLOYEES. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. Vendor Services Agreement(Rev.9.07.21) Page 5 of 15 City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or onussion in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement including its. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including its Exhibits, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared mill and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Vendor 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 Vendor's option, Vendor shall 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 Vendor for the nonconfornung services. 26. IMMIGRATION NATIONALITY ACT. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work. under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be Vendor Services Agreement(Rev.9.07,21) Page 6 of 15 performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately ternunate this Agreement for violations of this provision by Vendor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copy►•ightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor 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. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the put-pose of maintaining updated City records. The president of Vendor 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 specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL. Vendor unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Vendor has 10 or more frill time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have Vendor Set-vices Agreement(Rev.9.07.21) Page 7 of 15 the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that if Chapter 2271,Texas Government Code applies,Vendor: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2),the City is prohibited fi-om entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2).To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of this Agreement. 32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Goverrunent Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more which will be paid wholly or partly from public funds of the City,with a company(with 10 or more full-time employees)unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "frearm entity"and"firearm trade association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice,policy,guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective as of the date subscribed by the City's Assistant City Manager("Effective Date"). (signature page and exhibits follow) Vendor Services Agreement(Rev.9.07.21) Page 8 of 15 ACCEPTED AND AGREED: CITY OF FORT WORTH: VENDOR: Dana Burg hdoff(Aug 4,202 3:51 CDT) By: Name: Dana Burghdoff By: Name: Maric Rhom Title: Assistant City Managcr Title: Vicc President Date: Aug 4, 2022 Date: APPROVAL RECOMMENDED: ChK,-topher Hcrrder By: Christopher Harder(Aug 2,2022 16:24 CDT) Name: Christopher Harder, P.E. Title: Director, Water Department ATTEST: Qa�t FORT���j��� /y `°0000000o f� 7G��.S. � GLL(i 0.0. o= By, Jannette B.Goodall(Aug5,202208:48C DT) O d Name: Jannette S. Goodall 0.00 1Q, Title: City Secretary ����EXASa4p APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that T am the person responsible for the monitoring and administration of this contract including ensuring all performance and By: DBI-k(Aug4,202217:15 CDT) Name: Douglas W Black reporting requirements. Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: By: M&C: N/A,See Emergency Memo Na c: Roy Teal DATE: Title: Assistant Director 1295: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Vendor Services Agreement(Rev.9.07.21) Page 9 of 15 EXHIBIT A SCOPE OF SERVICES 1.1 All traffic control devices shall conform to the current Manual on Uniform Traffic Control Devices (MUTCD)specifications. 1.2 The vendor shall install the traffic control devices in compliance with an appropriate MUTCD Typical Application or a site specific traffic control plan. 1.3 The Vendor shall insure that the site is maintained twice weekly in high traffic areas and once weekly in low traffic areas. This service must be provided at noadditional cost to the City. 1.4 The Vendor shall respond and begin installation of traffic control devices for an emergency set up of equipment within an hour. 1.5 The Vendor shall pick up rental equipment within two(2)hours of the request. The City will not pay for any additional rental costs beyond the vendor has been notified of pick up 1.6 TYPE I, II & III Barricades 1.6.1 Type I & II Barricades 1.6.1.1 Plastic 'A' Frame Type I and Type II Barricade Units or approved equal 1.6.1.2 Composition: Available in both low density and high density polyethylene 1.6.1.3 Color: orange 1.6.1.4 Vendor shall provide the option for barricade lights at the request of the City. 1.6.2 Type III Barricades I 1.6.2.1 Telespar Uprights/Feet: 14 gauge galvanized 1.6.2.2 Angle Iron Uprights/Feet: 12 gauge mill finish 1.6.2.3 Board Composition: High density polyethylene 1.6.2.4 Vendor shall provide the option for barricade lights at the request of the City. 1.6.3 Reflective sheeting: Available in Engineer, High Intensity, Highlntensity Prismatic, or Diamond Grades 1.6.4 Stripes: 4"W or 6"W 1.6.5 Tire Ring: 22.5" inside diameter 30 lbs. 1.6.6 Stenciling black as needed Vendor Services Agreement—Exhibit A(Rev.9.07.21) Page 10 of 15 1.7 Arrow Boards 1.7.1 Arrow board shall be a PN: WTSP55-LSA from Wanco or approved equal. 1.7.1.1 The City has authority to request a demonstration from the vendor on any product that is not manufactured by the brand name stated above. The City holds the final determination on if the product is "equivalent". 1.7.1.2 Vendor shall provide documentation that the product meets all applicable MUTCD regulations on any product not manufactured by the name brand stated above. 1.8 Sign Stands 1.8.1 Small Flex Stand Shall be a PN: SS420A from Plasticade or approved equal 1.8.1.1 The City has authority to request a demonstration from the vendor on any product that is not manufactured by the brand name stated above. The City holds the final determination on if the product is "equivalent". 1.8.1.2 Vendor shall provide documentation that the product meets all applicable MUTCD regulations on any product not manufactured by the name brand stated above. 1.8.2 Large Flex Stand Shall be a PN: SS620A from Plasticade or approved equal 1.8.2.1 The City has authority to request a demonstration from the vendor on any product that is not manufactured by the brand name stated above. The City holds the final determination on if the product is "equivalent". 1.8.2.2 Vendor shall provide documentation that the product meets all applicable MUTCD regulations on any product not manufactured by the name brand stated above. 1.9 Signs 1.9.1 Small Signs 1.9.1.1 Sign shall be 24"x24"minimum in size 1.9.1.2 Sign shall have the proper labelling and color for the work/traffic control it is being utilized for as stated in the MUTCD. 1.9.2 Large Signs g 1.9.2.1 Sign shall be 36"x36" minimum in size 1.9.2.2 Sign shall have the proper labelling and color for the work/traffic control it is being utilized for as stated in the MUTCD. Vendor Services Agreement—Exhibit D(Rev.9.07.21) Page 11 of 15 1.10 Vertical Panel 1.10.1 Vertical Panels to be the Model 4100-36-EG Gemstone from Plasticade or approved equal. 1.10.1.1 The City has authority to request a demonstration from the vendor on any product that is not manufactured by the brand name stated above, The City holds the final determination on if the product is"equivalent". 1.10.1.2 Vendor shall provide documentation that the product meets all applicable MUTCD regulations on any product not manufactured by the name brand stated above. 1.10.1.3 Rubber base weight shall be 30 pound and included with the cost of the vertical panel. 1.11 Barrel 1.11.1 Material: High Density Polyethylene 1.11.2 Dimensions: 39.7"H x 23.5"W 1.11.3 Weight: 8lbs. 1.11.4 Reflective Sheeting: 4-6"W High Intensity Prismatic Grade Sheeting 1.11.5 Shall include tire ring base or equivalent. 1.12 Two-Way Sign Topper 1.12.1 Shall be sign W64 per MUTCD and attached to the top of a vertical panel. 1.12.2 Material: 63 mil thick 3M Engineer Grade Reflective Aluminum or approved equivalent. 1.12.3 Dimensions: 18"H x 12"W Vendor Seivices Agreement—Exhibit D(Rev.9.07.21) Page 12 of 15 EXHIBIT B PRICE SCHEDULE Description Unit Unit Price Rental of Drums, High Intensity Day $2.50 Rental of Small Signs Day $2.50 Rental of Arrow Boards Day $10.00 Rental of Message Boards Day $50.00 Rental of Large Signs Day $2.50 Rental of Sign Stand Day $2.50 Rental of Type 3 Barricades with Light High Intensity Day $2.50 Rental of Navigators with Large Reflectors Day $2.50 Rental of Navigators Day $2.50 Rental of Vertical Panels with 2 Way Arrows Day $2.50 Emergency Set up of Equipment EA $200.00 Development of Site Plan and Permit Fee ( When Required) EA $50.00 Additional Charge to respond after-hours(5:01 pm-7:00 am, Monday- EA $50.00 Friday and all day Saturday&Sunday and/or Holidays) Mobilization cost during normal work hours(includes delivery, setup, EA $50.00 maintaining site, and pick-up of traffic control devices) Vendor Services Agreement—Exhibit B (Rev.9.07.21) Page 13 of 15 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Buyers Barricades,Inc. 7409 Baker Blvd. Richland Hills,TX 76118 Vendor hereby agrees to provide City with independent audit basic financial statements, but riso the firir presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor 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 Vendor. r ro I 1. Name: ���� �u�qJ^,r' �. Position: '�jW1�- ' t Signa •e -p 2, Name: C��t T� D�� Position: Signature 3. Name: Position: Signature <17 Name: ' Signature of Pre&Vht/CEO Other Title: Date: Vendor Services Agreement—Exhibit C(Rev.9.07.21) Page 14 of 15 EXHIBIT D INSURANCE Vendor Services Agreement—Exhibit D(Rev.9.07.21) Page 15 of 15 INTEROFFICE MEMO Date: July 21,2022 To: Dana Burghdoff,Assistant City Manager From: Chris Harder,P.E.,Water Director Subject: EMERGENCY BARRICADE RENTALS—SUMMER 2022 HEAT WAVE To assist the Water Department, the CMO recently authorized emergency contracts for repairs of water main breaks, street repaving and other related tasks. The contracts were essential due to a substantial increase in the volume of repairs attributed to sustained unseasonably high temperatures. In companion with the repairs, the deployment of traffic control devices are critical to motorists' and citizens' safety, health and well-being prior to, during and following the completion of the repairs. The current contracts do not have capacity to support these unexpected barricade rentals. This memo is submitted to inform the CMO that,pursuant to the emergency authority found in City Code Chapter 2,Article I,Section 2-9 of the City's Code of Ordinances the Water Department intends to engage with the following contractors for the rental of traffic control devices necessary to secure worksites and alert motorists of hazards: • Buyers Barricades Inc. • Site Partners LLC d/b/a Site Barricades Each contract will be in an amount up to$400,000.00 and work will be billed against this amount on a work order basis. The contractors will reconcile with the Water Department their expenditures and a follow-up M&C will be presented to the City Council for ratification of the costs. Waiting to bid and award a contract to perform this work is not the best interest of the health and safety of the City of Fort Worth.In addition to the citations,above, Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect public health or safety of the municipality's residents and procurements necessary because of unforeseen damage to public machinery, equipment, or property. Water main breaks can occur at any point within the system and are thus,unforeseen,regardless of the anticipation that they may occur. APPROVED FOR EMERGENCY PROCUREMENT: ( Recommended: Kar I (Jul 21,202215:44 CDT) Chris Harder,Director,Water Department y Approved as to form and Legality: DBlack(Jul 21,202217:23 CDT) Douglas W.Black, Sr. Assistant City Attorney 9vGcr�Pay' ', Sr. Pcc�c��in� M�ucatAe� Approve: John Padin sing Manager(Jul 21,2022 1 .18 CDT) Cynthia Garcia,Assistant Director,Purchasing Dana Bu(andOff Approve: Dana Burghdoff rful 21,202218:48 CDT) Dana Burghdoff,Assistant City Manager I