Loading...
HomeMy WebLinkAboutContract 58153 CSC No. 58153 FORT WORTH,,,) VENDOR SERVICES AGRE AIIENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City'l,a Texas home rule municipal corporation and Dustrol, Inc. ("Vendor'),a corporation,and acting by and through its duly authorized_Assistant City Manager, each individually referred to as a"party"and collectively referred to as the"parties_" AGRF FAI NT DOCUNIFNTS: 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, a 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, S 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 perform asphalt and concrete milling services on behalf of the Transportation and Public Works 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 one year after completion of the Services,unless terminated earlier in accordance with this Agreement. City shall have the option, in its sole discretion,to renew this Agreement under the same terms and conditions,for up to five one-year renewal options. 3. COMPENSATION City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with theprovisions of this Agreement and Exhibit"a"—Price Schedule. Total payment made under this Agreement shall be in the amount of Eight hundred and seventy thousand and thirty-nine Dollars($870,039.00).Vendor shallnot perform any additional services OFFICIAL RECORD Vendor Services Agreement(Rcv.907.21) CITY SECRETARY 4 FT.WORTH,TX 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 funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor 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 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. S. 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 immediately to make full 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 securemanncr 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 fully 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 andrecords,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 Vendor Services Agreement(Rev.9.07.21) Page 2 of14 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 subcontractors.Vendor acknowledges that the doctrine of respondent 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 INDE MFICATION. 8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSZRLE 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 OMESION(S), MALFEASANCE OR ENTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENEg SERVANTS OR EMPL OYEES 8.2 GENERAL INDEMNIFICATION -VENDOR HEREB Y CO VENANTSAND AGREES TO INDEMNIFY, HOLD HARMEESSAND DEFEND CITY,ITS OFFICERS, AGENTS,SERVANTS AND EMPL OYEES,FROMAND AGAINST ANYAND ALL CLAMS OR LAWSUITS OFANY REND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS {INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESUL TING LOST PROFITS}AND/OR PERSONAL INJURY,INCL UDING DEATH, TO ANYAIVD ALL PERSONS, ARISING OUT OF OR IN CONNECTION WII H THIS'AGREEMENT, TO TRE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,JTS 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 software and/or documentation.5o 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 Services Agreement(Rev.9.07.21) Page 3 of 14 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 receive relating thereto.Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under 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 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 under 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 fully 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 Vendor Services Agreement(Rev.9.07.21) Page 4 of14 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 LIABILITYAND 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 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 Dustrol,Inc. Attn: William Johnson, Assistant City Manager Kevin Koehler 200 Texas Street 2801 HWY 114 Fort Worth, TX 76102-6314 Fort Worth, TX 76177 Facsimile: (817) 392-8654 KKoehler@dustrol.com Phone: (316) 536-2262 With copy to Fort Worth City Attorney's Office at Facsimile: (316) 536-2789 same address 14. 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 partywho responds to ageneral 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 assertany 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 Vendor Services Agreement(Rev.9.07.21) Page 5 of14 shall lie instate 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. 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 omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts,natural disasters,wars, riots,material or labor restrictions by any governmental authority, and/or any other similar causes. 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 null 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 Vendor Services Agreement(Rev.9.07.21) Page 6 of14 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 nonconforming 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 (I-9). Upon request by City, Vendor shall provide City with copies of all 1-9 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 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 terminate 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 copyrightable aspect of the Work Product shall be considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, 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 onbehalf of the respective party,andthat such binding authority has been grantedbyproper 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 purpose 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 Vendor Services Agreement(Rev.9.07.21) Page 7 of14 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 full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms "boycott Israel"and "company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,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 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 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 exc ept as otherwise provided by Chapter 2274 of the Texas Government 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 avalue of$100,000 or more which will be paid wholly or partly from public funds of the City, with a company(with 10 ormore 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," "firearm 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"). Vendor Services Agreement(Rev.9.07.21) Page 8 of14 (signature page and exhibits follow) Vendor Services Agreement(Rev.9.07.21) Page 9 of14 ACCEPTED AND AGREED: CITY OF FORT WORTH: VENDOR: Kevin Iar i I I is m nso r; p 22.222214:43 c on Kerin Koeh ler(Sep 21,202268:26 C 0T) By: Name: William Johnson By: Name: Dustrol Inc,Kevin Koehler Title: Assistant City Manager Title: Corporate Secretary Date: Sep 28, 2022 Date: 09/20/2022 APPROVAL RECOMMENDED: By: Name: Lauren Priuer Title: Interim Director .ao-au�nna ATTEST: p F FD�. ��� ° °°k., 0 0~° oZ d Tdnnaf 1'a S. Goadrall ¢v o0g=�Jannette 5.Goodall(Sep 29,2022143T CDT) �jName: Jannette S. Goodall �T oo0o4, Zf Title: Coy Secretary Yana ixA5�Qa APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER-- By signing I acknowledge that I am the person WA responsible for the monitoring and adminis tration of By: 77-C-pee 27to 1, this contract,including ensuring allperfonnance and Name: Douglas W Black reporting requirements. Title: Sr.Assistant City Attorney CONTRACT AUTHORIZATION: �T�d"It" 22-{1557 �� NI&C: -- Name: Lakeesha Dodson DATE: 0"9W Title: Senior Administrative Assistant 1295: 2022-908829 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Vendor Services Agreement(Rev.9 o7.21) Page 1Q of14 EXHIBIT A SCOPE OF SERVICES Vendor Services Agreement—Exhibit A(Rev.9.07.21) Page 11 of14 PART 2 SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth(City) seeks bids to establish an agreement for asphalt and concrete milling services for the Transportation and Public Works Department on an "as needed" basis. Prospective bidders should ensure they download all attachments for complete responses and understanding of the agreement the City intends to award from this solicitation. The successful bidder(s), known hereafter as"Contractor"/"Vendor". 1.2 This Agreement shall begin on the date the City Secretary Contract is executed by the Assistant City Manager("Effective Date")and shall expire on the upcoming September 30th, ("Expiration Date'), unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term,the Agreement shall automatically renew under the same terms and conditions for up to five(5) one-year renewal periods (October 1 to September 30), 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 1 Vendor. 1.3 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and-certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.4 There shall be no minimum dollar amount for work requested. 1.5 Any specifications/requirements that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 TENTATIVE SCHEDULE OF EVENTS TASK DATE lTB Release Date Ma 31, 2022 Pre-Bid Conference June 7, 2022 at 10AM Local Time Deadline for Questions June 10, 2022 at 5PM Local Time Answers Posted June 15, 2022 ITB Responses Due Date June 23, 2022 AT 1:30 p.m. Local Time Recommended Vendor Selection July 2022 Mayor and Council Consideration Au ust 2022 Contract Execution 5e tember 2022 ITB 22-0155 Asphalt and Concrete Milling Services Page 11 of 28 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 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 mus: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. 4.0 METHOD OF AWARD 4.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to tho City.A responsible bidder is defined as a bidder that: 4.1.1 Meets all the requirements listed in Part 2, Section 5.0. 4.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 4.2 Bids that do not receive 50%or more of the total available points, excluding the points for price, will be deemed non-responsive. 4.3 The following criteria will be used to determine the best value: 4.3.1 Cost of service—up to 35 points 4.3.1.1 Will be evaluated using: Bic!Solicitation 4.3.2 Contractor's References & Experience with entities of a similar size—up to 30 points 4.3.2.1 Will be evaluated using: Attachment E— Bidder Qualification Questionnaire and Attachment D—Reference Sheet 4.3.3 Contractor's approach to perform the milling services in Section 7.1 and the availability to do so in the timeframe specified in Section 8.0—up to 35 points 4.3.3.1 Will be evaluated using: Attachment E—Bidder Qualification Questionnaire 4.4 In order for the City to receive adequate coverage on its requirements as specified in the solicitation,the City reserves the right to make multiple awards. 4.5 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.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. 4.6 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. ITB 22-0155 Asphalt and Concrete Milling Services Page 12 of 28 4.7 If Attachment B, Consideration of Location of Bidder's Principal Place of Business, is completed by any Bidder, the City will review the Attachment to determine whether Local Preference will apply to the award. 4.8 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. 5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 5.1 The Contractor shall: 5.1.1 Have a minimum of two(2)years of experience conducting services similar or related to the Scope of Services/Specifications. 5.1.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone from 8:00am—5:40pm, Monday-Friday. &0 DEFINITIONS 6.1 Turn -Key Concrete milling: includes saw cutting: removal, hauling,disposal,tools, equipment, labor,dust control, and incidentals needed to execute work. 6.2 Turn -Key Asphalt milling: includes saw cutting, removal, hauling, disposal,tools, equipment, labor, dust control, and incidentals needed to execute work. 6.3 Wedge Milling: includes all milling, hauling milled material to salvage stockpile or disposal, tools, labor, equipment and incidentals necessary to execute the work. 6.4 Surface Milling: includes all milling, hauling milled material to salvage stockpile or disposal, tools, labor, dust control, equipment and incidentals necessary to execute the work. 6.5 Butt Milling: includes all milling, hauling milled material to salvage stockpile or disposal, tools, labor, equipment and incidentals necessary to execute the work. 7.0 CONTRACTOR RESPONSIBILITIES 7.1 The Contractor shall: 7.1.1 Remove concrete and asphalt paving 7.1.2 Mill roadway paving 7.1.3 Dispose of removed materials 7.2 Measurement Requirements 7.2.1 Removal of Concrete Paving: The Contractor shall measure by the square yard from back-to-back of curbs. 7.2.2 Removal of Asphalt Paving:The Contractor shall measure by the square yard between the lips of gutters. 7.2.3 Wedge Milling: The Contractor shall measure by the square yard for varying thickness. ITB 22-D155 Asphalt and Concrete Milling Services Page 13 of 28 7.2.4 Surface Milling: The Contractor shall measure by the square yard for varying thickness. 7.2.5 Butt Milling: The Contractor shall measure by the linear foot. 7.3 Pavement Removal Requirements 7.3.1 The Contractor shall exercise caution to minimize damage to underground utilities. 7.3.2 The Contractor shall minimize amount of earth removed. 7.3.3 The Contractor shall remove paving to neatly sawed joints. 7.3A The Contractor shall use care to prevent fracturing to adjacent, existing pavement. 7.3.5 Remove Concrete Paving—The Contractor shall remove concrete to the nearest expansion joint or vertical saw cut. 7.3.6 Remove Asphalt Paving—The Contractor shall remove pavement without disturbing the base material. 7.4 Milling Requirements 7.4.1 The Contractor shall mill surfaces to the depth shown on the City's request or as directed by City employee. 7.4.2 The Contractor shall not damage or disfigure adjacent work or existing surface improvements. 7.4.3 The Contractor shall ensure that if milling exposes smooth underlying pavement surfaces,the Contractor will mill the smooth surface to make rough. 7.4.4 The Contractor shall provide safe temporary transitions where vehicles or pedestrians must pass over the milled edges. 7.4.5 The Contractor shall remove excess material and clean milled surfaces. 7.4.6 The Contractor shall be aware that stockpiling of planed material will not be permitted within the right of way unless approved by the City. 7.5 Milling Equipment Requirements 7.5.1 The Contractor shall operate a cold milling machine of not less than 6 feet(6') milling width to include conveyer and hopper. 7.5.2 The Contractor shall operate a self-propelled, power operated milling machine capable of removing, in one or two passes, the necessary pavement thickness in a five-foot minimum width. This machine shall be equipped with an integral loading and reclaiming means to immediately remove material cut from the surface of the roadway and discharge the cuttings into a truck, all In one operation. Additionally, the machine shall be equipped with means to control dust created by the cutting action. Milling machine shall be equipped with a manual system providing for uniformly varying the depth of cut while the machine is in motion making it possible to cut flush to all inlets, manholes, or other obstructions within the paved area. The milling machine shall be equipped to minimize air pollution. iTB 22-0155 Asphalt and Concrete Milling Services Page 14 of 28 7.6 Wedge Milling and Surface Milling Requirements 7.6.1 The Contractor shall wedge mill existing asphalt, concrete or brick pavement from the lip of gutter at a depth of two (2) inches and transitioning to match the existing pavement(0-inch cut) at a minimum width of five (5)feet. 7.6.2 The Contractor shall surface mill existing asphalt or concrete pavement to the depth specified by the City. 7.6.3 The Contractor shall provide a milled surface that provides a uniform surface free from gouges, ridges, oil film, and other imperfections of workmanship with a uniform textured appearance. 7.6A The Contractor shall be aware that in all situations where the existing hc:mix asphaltic cement surface contacts the curb face, the wedge milling includes the removal of the existing asphalt covering the gutter up to and along the face of curb. 7.6.5 The Contractor shall perform wedge or surface milling operation in a continuous manner along both sides of the street or as directed by the City. 7.7 Butt Joint Milling Requirements 7.7.1 The Contractor shall mill butt joints into the existing surface, in association with the wedge milling operation. Butt joint shall provide a full width transition section and a constant depth at the point where the new overlay is terminated. Typical locations for butt joints are at all beginning and ending points of streets where paving material is removed. 7.7.2 Prior to the milling of the butt joints,the Contractor shall consult with the City for proper location and limits of these joints. Butt milled joints are required on both sides of all railroad tracks and concrete valley gutters, bridge decks and culverts and all other items which transverse the street and end the continuity of the asphalt surface. 7.7.3 The Contractor shall make each butt joint 20 feet long and milled out across the full width of the street section to a tapered depth of two(2) inches. 7.7.4 The Contractor shall taper the milled area within the 20-feet to a depth from zero (0) inch to two(2) inches at a line adjacent to the beginning and ending points or intermediate transverse items. 7.7.5 The Contractor shall provide a temporary wedge of asphalt at all butt joints to provide a smooth ride over the bump. 7.8 The Contractor shall provide all necessary labor required to operate cold milling equipment including conveyor and hopper to dump millings into Contractor's truck and be responsible for the disposal of the millings. 7.9 Any time the City chooses to retain millings the Contractor shall load, transport and dispose of millings at the nearest Street Operations yards as directed by the City. The Street Operations Yards that can accept millings are listed below. 7.9.1 2500 Brennan Ave. Fort Worth TX, 76106 7.9.2 4100 Columbus Trail Fort Worth TX, 76133 ITB 22-0155 Asphalt and Concrete{Killing Services Page 15 of 28 7.9.3 301 Hilshire dr. Fort Worth TX, 76052 7.9.4 5001 Martin Luther King Fwy Fort Worth TX, 76119 8.0 ORDERS 8.1 Contractor shall respond to the City's purchase order and supply requested services during regular business hours 8:00 a.m. to 5:00 p.m., Monday through Friday, within three to five (3-5) business days from the time the original request is made. 9.0 LAWS, REGULATIONS,AND ORDINANCES 9.1 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, 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. 10.0 INVOICING REQUIREMENTS 10.1 The City of Fort Worth has begun implementing an automated invoicing system. 10.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. 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. 10.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and P❑ number, separated by an underscore(ex: Example, Inc._123456_FW013- 0000001234) 10.4 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 (clots 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 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 or services. ITB 22-0155 Asphalt and Concrete Milling Services Page 16 of 28 10.5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.goy. 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 AccountsPayable(o)fortworthtexas.clov. 10,5 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. 10.7 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, 16102 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 the Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392- 2451 or by email to ZZ FIN Accounts Payable(d)fortworthtexas.gov. 10.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 11.0 UNIT PRICE ADJUSTMENT 11.1 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`rom the Vendor. 11.2 The Vendor must submit its price adjustment request, in writing, at least 50 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request. 11.3 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 entirety and 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 new solicitation. 11.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 11.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 11.6 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. 11.7 Goods and/or services shall not be suspended by the Vendor without a 30-day prior written notice to the City. Ire 22-0155 Asphalt and Concrete Milling Services Page 17 of 28 12.0 PERFORMANCE 12.1 Failure of the City to insist in any one or more instances upon performance of any of the 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. 13.0 SUBCONTRACTING 13.1 No subcontracting of the work under this contract will be allowed without written permission from the City. 14.0 HAZARDOUS CONDITIONS 14.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 14.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment{PPE}while handling hazardous material. If there are questions regarding how to dispose of materials,the Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 15.0 CONTRACT ADMINISTRATION AND TERMINATION 15.1 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. 15.2 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 convenience or default. If the agreement is terminated for default, the Vendor may be held liable for excess cost and/or liquidated damages. 15.3 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. 15.4 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 Vendor exceed the agreement price. The Vendor shall not be reimbursed for any prnfits which may have been anticipated, but which have not been earned up to the date of termination. 16.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 16.1 If the Federal award meets the definition of"funding eCFR--Code of Federal Regulations agreement" under 37 CFR§401.2 (a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the ITB 22.0155 Asphalt and Concrete Milling Services Page 18 of 28 requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grarrts, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency, 17.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 17.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 18.0 DEBARMENT AND SUSPENSION 18.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180,220) shall not be made to parties listed on the government-wide exclusinns In the System for Aware! Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 19.0 BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) 19.1 Firms that apply or bid for an award exceeding$100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to Influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 19.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their bid, if the bid exceeds$100,000.00. ITB 22-0155 Asphalt and Concrete Milling Services Page 19 of 28 EXHIBIT B PRICE SCHEDULE Vendor Services Agreement—Exhibit B(Rev.9.07.21) Page 12 of14 FORT WO RTH. REVISED BID SOLICITATION Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-22-0155 4 Event Round Version Submit To: City of Fort Worth 1 3 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE- Purchasing ITB Asphalt and Concrete Milling Services 200 Texas St. (Lower Level, South) Start Time Finish Time Fort Worth TX 76102 OS 31 2022 08:00:00 CDT 06 23 2022 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qty Unit UnitPrice Total Full Depth Milling Turnkey-2-4 inches- 60,000.00 SY Asphalt $2.59 $155,400.00 Line: 2 Description: Qty Unit UnitPrice Total Full Depth Milling Turnkey-0-2 190,675.00 SY inches-Asphalt $2.59 $493,848.25 Line: 3 Description: Qty Unit UnitPrice Total Full Depth Milling Turnkey-0-2 80,000.00 SY inches-Concrete $2.59 $207,200.00 Line: 4 Description: Qty Unit UnitPrice Total Full depth Milling Turnkey-2-4 inches- 1,000.00 SY Asphalt.City retains millings $3.59 $3,590.00 Line: 5 Description: Qty Unit UnitPrice Total Butt joints-Asphalt-Milling Turnkey 1,000.00 LF $10.00 $10,000.00 Total Bid Amount: $870,038.25 Items not listed above will be offered at a discount of 0 %off the Vendor's Price List (Items may be added on an as needed basis throughout the life of the agreement,therefore,the bidder shall submit a price list for all available items with their bid submittal.) ITB 22-0155 Asphalt and Concrete Milling Services Addendum No. 2, Page 3 of 3 EXHIBIT C VEMFICATION OF SIGNATURE AUTHORITY DUSTROL INC 2801 HWY 114 FORT WORTH, TX 76117 Vendor hereby agrees to provide City with independent audit basic financial statements,but also the fair 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. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Koehler- Kevin Koehler RSep 2i.2022 08:26 C071 Signature of President 1 CEO Other Title: Corporate Secretary Date: Vendor Sen,iCE-s Agreement—Exhibit C(Rev.9.07.21) Pagc 13 of 14 EXHIBIT CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location_ i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, prod uctslcompleted operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement- b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the Project. If Insured owns no vehicles, coverage for hired or non-owned is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — Insured shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability CFW Standard Insurance Requirements Page 1 of 3 Rev. 10.03.18 insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Engineer pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — If appropriate, Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for three (3) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier.An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the CFW Standard Insurance Requirements Page 2 of 3 Rev. 10.03.18 specified amounts of insurance required herein. d. 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. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten(10)days' notice shall be acceptable in the event of non-payment of premium. f. 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. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups, ❑edicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Contract Compliance Manager any known loss or occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement, m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured, Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 10.03.18 Contract Compliance- Insurance Requirements for Contracts There are five basic steps in administering insurance clauses in contracts (leases, etc.)where the other party is required to provide insurance to protect the City. The five basic steps are: 1. Develop correct insurance specifications based on the nature of the work being performed. Develop a clear set of specifications describing the insurance to be provided by the other party. These specifications should be discussed early on and included in the contract between the City and the other party. 2. Inform bidders of the insurance requirements early in the bid process and to distribute any required form that is to be completed and returned. Avoid cookie-cutter bid specs. Make sure that the insurance requirement is sufficient for the scope of work being performed. 3. Review the completed forms promptly. Notify the other party immediately if paperwork is not correct/sufficient. Ask questions. Don't assume that this is the only Certificate/ Insurance available to the vendor. Ask about other available policies. 4. Retain the signed forms and/or policies for at least 5 years- preferably with the contract. The contract compliance manager should keep a current copy of the vendor's insurance; especially on multi-year contracts. Claims may be presented many years after work is completed. Since the certificate or policy may be the City's only proof of coverage, it is important to maintain a record of insurance coverage provided by other parties. 5. Inform the other party's insurer immediately, in writing, of incidents or claims arising out of the work. Most insurance policies require reporting of accidents or other covered losses as soon as it is practical to do so, and do not impose any specific deadline. Others require reporting of accidents "immediately," but again leave that term undefined. Some policies written on "claims-made"forms impose strict deadlines on claim reporting. Normally, the City does not have immediate access to the policy's notice-of-claim requirement clause, therefore, it is best to assume a "worst case"attitude and report the accident or claim to the other party's insurer immediately. Risk Management 12/08/2020-SG Basic Insurance Requirements for Vendors Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with products and materials supplied to the agency. The cost of such insurance shall be borne by the vendor, unless otherwise specified. Basic Lines and Limits of Insurance 1. Commercial General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. $2,000,000 minimum aggregate - Risk Management recommends the aggregate limit shall apply separately to this project/location or if not, the aggregate shall be twice the required limit. Coverage shall include but not be limited to the following: premises/operations, independent contractors, 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. 2. Workers'Compensation Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit 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. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by the contractor for the agency. 3. Automobile Liability $1,000,000 each accident on a combined single limit basis. A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident/$100,000 Property Damage NON-NEGOTIABLE General Insurance Requirements • The certificate of insurance shall document the City of Fort Worth, its' Officers, Employees and Volunteers as an "Additional Insured" on all liability policies. Exception -the additional insured requirement does not apply to Workers' Compensation policies • All policies shall include a specific Waiver of Subrogation (Rights of Recovery) in favor of the City of Fort Worth. Risk Management 12/08/2020-SG Certificate of Insurance Checklist Date Contractor/Facilities User Contract or Facility Use Dates Prepared by Insurance Carrier is acceptable Insured name matches name on contract or use agreement Liability coverages match contract or use agreement Liability coverage dates cover contract or use agreement term Liability coverage limits are adequate Vehicle coverages match contract or use agreement Vehicle coverage dates cover contract or use agreement term Vehicle coverage limits are adequate Excess coverage dates cover contract or use agreement term Excess coverage limits are adequate Workers comp coverage dates cover contract or use agreement term Employers liability coverage is indicated Certificate holder is correct Additional insured is correct Cancellation notice is correct Expiration suspense's are set Property coverages checked (if applicable) Bonds checked (if applicable) Risk Management 12/08/2020-SG FORT WORTH. BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: PUBLIC EVENT DETAILS CFWCI-22-0155 3 Event Round Version Submit To: City of Fort Worth 1 l FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing ITn As ha1L and Concrete Millinq 8ervicns 200 Texas St. (Lower Level, South) Start Time Finish Time Fort Worth TX 76102 05/31/2022 08:00:00 CDT 06/23/2022 13:30:00 COT United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. Legal Company Name: DuStrol, Inc. Company Address: 2801 hwy 114 City, State,zip: Fort Worth, Tx 76117 Vendor Registration No. 0000007515 Printed Name of Officer or Authorized Representative: Randy WICke Title:Area Manaaer Signature of Officer or Authorized Representative: Date: June 20, 2022 Email Address: Mcke a dustrol.com Phone Number: (817) 271-3105 Will agreement be available for Cooperative Agreement use*?Yes No (*See Section 22.0, "Cooperative Purchasing"of Part 1, 'Instructions") ITB 22-0155 Asphalt and Concrete Milling Services CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing buslnoss with Local governmental entity This questionnaire reflects changes made to the law by 114.13. 23. 841h Leg., Regular Session, OFFICEUSEONLY This que-slionnalre is being filed in accordance with Chapter 176,Lc-;.ai Savornmont D.)de,by a vendor who Cate Re.rtiEd has a business relationship as defrnod by Section 176.0010-a)with a focal gwernmensal ondw and the vandar melts roquiiemenls under Section 176.005(a). Gy lau this quostionnaire must be filed with the records administrator of the lo4 al govemmew'at entity not laser than the 7th business day after the Hato the vendor beoamas xware of iacts that re-A&e the statement to be filed. See Section 176-OoB(a-i),Loa Government C,ade- A vendor commits an offense it tha voardor xrrm[ingi violales Section 176.006,Local Governmoitt CrAs-An offense under this sec-lion is a rN,,dsmoanor. ji Name of vendor who has a business relationship with local governmental entity. NIA r Check this box ifyou are filing an update too previously Filed questionnaire.(The law requires that you file an updated completed questionnaire win the appropriate filing authority not facet man the 7th business day after the date on which you became aware that the originally filed questionnaire►vas incomplete or inaccurate.) 3 Name of local government officer about whom the Information is being disclosed. NIA Name of Officer 3 Describe each employment or other business relationship with the local govemmenl officer, or a family member of the officer,as described by Section 176.003(o)(2)(A). Also describe any family relationshlp with the local govemmont officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the Iccal government officer or a family member of the officer receiving or likely to roce'sve taxab'oa incomo. other than investment MCDme,from the vendor? Yes F-1 hl a B. 1:tflevendar receiving or like3y to roceivo taxable income,other than inrve5trnent income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local goverm ontal entity? 0 Yes No 5 f,scribe each employment or business relationship that the Vendor named In Section 1 maintains with a corporation or Other business entity with respect to which the local government officer serves its an officer or director,or holds an ownership interest of one percent or more. NIA s Check thr s box if the vendor has givon tho local government off cer or a family member,of the officer ono or more gifts El as descr"bGd in 8evtfon 176.003(a)(2)(B), exciuding gifts described in Section 176.003(a-1). 7 � June 20, 2022 6sanature o ven d�r n® ustnes5 wont e gvornmen�� erliy ae Form provided by Texas Ethics Commission veeiw.ethies.state.►x.us Revised W1 2031 ITB 22-0155 Asphalt and Concrete Milling Services CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at htto,.#www.statutes.legis.state.tx.us+ Cocr.UalhtmILG.176.htm.For easy reference,below are some of the sections cited on this form. local Government Code§176.001(i-a):"Business relationship"means a connection between two or more parties based on commercial activity of©ne.ol the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency.of a federal,state,or focal governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (G) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency, Local Government Code§170.00 a 2 A and 13 : (a) A local government officer shall file aconflicts disclosure statementwith respect to avendor W. (2) thevendor: (A) has sn ernployrnent or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than Investment income,that exceeds$2,500 during.the 12-morith period preceding the date that the officer becomes aware that (1) a contract between the local governme.Mal entity and vendor has been executed; or (11) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer cra family merriber of the officer one or more gifts that have an aggregatevaiue of more than$100 In the f 2-month period preceding the date the officer becomes aware tint: (i) a contract between the local governmental entity and vendor has been executed;or (11) the local governmental entity is considering entering into a contractwith the vendor. Local Government Code$176.0A6(a)and.t;a-1) (a)A vendor shall file acompleted conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business telationship with.al.ocal government officer of that local governmental entity,or a family member of.the officer,described by Section 176_003(a)(2)(A); (2) has given a local government officer of that local governmental entity,ar a family member of the officer,one or more giftswith the aggregate Value specified by Section f 76.003(a)(2)(B),excluding any OR described by Section 17 6.003(a-1);or (3) has.a family relation ship.with a local government officer of that local governmental entity- (a-t) The completed conflict of interest questionnaire mast be filedwith the appropriate records administrator not later than the seventh business clay.after the laterof: (1) the date thatthevendor: (A) begins discussions or negoiietions to enter into a contract with the local governmental entity;or, (0) subinits tothe?.local governmental entity-an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date.the vendor becomes aware: (A),of an employment or other business relationship with a local government officer,or a farrilly member of the officer,described by Subsection(a); (B) that thevendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Fo€m provided by Texas Ethics Our, aissiora ReOsetl 1!l D21 ITB 22-0155 Asphalt and Concrete Milling Services ATTACHMENT B 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. I. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? If yes, identify address: Yes 2801 Hwy 114 Fort Worth Tx 76177 Billing: PO Box 1728, Roanoke, Tx. 76262 b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [trust exceed 50%] 25.2% 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? 32 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)? 0, we are an Esop Company 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. Dustrol, Inc. June 20, 2022 (Company Name) (Date) P 2 Ao-e2ir A0Z*m,*jqe— (Signatua6) (Printed Name and le) ITB 22-0155 Asphalt and Concrete Milling Services ATTACHMENT C BIDDER'S CONTACT INFORMATION Bidder's Name: Dustrol, Inc. Bidder's Local Address: 2801 Hwy 114 Fort Worth, Tx 76177 Phone: (817) 430-3958 Fax: (817) 491-2354 Email: EstimatingTx(@dustrol.com Main Point of Contact: Name/Title Armando Benitez I Superintendent Phone: (817) 271-3115 Fax: NIA Email: ABenitez dustrol.com Back-Up Point of Contact: Nameffitle Jose Reyes /Superintendent Phone: (817) 271-6993 Fax: NIA Email: JReyes dustro1,com Name of persons to contact when requesting services or billing questions: NamefTitle Kim Hodges /Accounts Receivable Phone: 817 271-6993 Fax: NIA Email: KimDustroWDgmail.com Will your company accept P-card payments? Yes _VNo ` 6/20/22 8ignatLLfe Printed N me Date ITB 22-0155 Asphalt and Concrete Milling Services ATTACHMENT D REFERENCE SHEET Bidders shall provide a reference list of a minimum of four(4) recent customers (comparable in size)who the bidder has recently supplied subject items)/and or services on a continuing basis over a recent twelve (12) month period. The City will be the sole judge of references. Please use additional sheets if necessary. 1. Company's Name Texas Material Group, Inc. Name of Contact Ron Stinson Title of Contact Estimator Present Address 420 Decker Dr. #200 City, State, Zip Code Irvin_q, Tx. 75062 Telephone Number (817) 538-1635 Email Ronald.Stinson@texasbit.com 2. Company's Name Jagoe-Public Company Name of Contact Shane Roberts Title of Contact Estimator Present Address PO Box 250 City, State, Zip Code Denton Tx. 76202 Telephone Number (940) 390-3441 Email S Robe rts a oe ublic.com 3. Company's Name Peachtree Construction, LTD Name of Contact Barry Clark Title of Contact Estimator Present Address 5801 Park Vista Circle City, state, Zip Code Keller TX 7 244 Telephone Number (817) 741-4658 Email JBClark@peachtreecon.com 4. Company's Name Ed Bell Construction Company Name of Contact Doug Uoug Teter Title of Contact Vice President Present Address 10605 Harry.Hines Blvd City, state, Zip Code Dallas Tx. 75220 Telephone Number 469 951-0303 Email DTeter@ebcc.com ITB 22-0155 Asphalt and Concrete Nulling Services ATTACHMENT E BIDDER QUALIFICATION QUESTIONAIRE 1. Howmanyyears has your organization been in business under its presentname? 49 Years a. List anyformer names your organization has operated under and the timeframe(s). NIA 2. Please describe your method of concrete and asphalt removal, milling, and the disposal of the milled materials. We will be using a Roadtec 600e with a 7 foot wide drum, Loading dump trucks for haul off. Followed by a sweeper, sweeping excess material over to one side. A skid steer will pick up the swept material with the bucket, and a mobile sweeper will pick up all the material the skid steer could not. 3. Does your method of concrete and asphalt removal, milling, and the disposal of the materials meet the specifications listed in Part 2, Section 6.0, Contractor Responsibilities? If not, please explain. Yes 4. Is the Contractor able to provide services within 3-5 business days listed in Part 2, Section 7.1? Yes No ITB 22-0155 Asphalt and Concrete Milling Services Price List of Services Dustrol, Inc. is a milling company only. FORT WORTH, ADDENDUM TO INVITATION TO BID NO. 22-0155 ASPHALT AND CONCRETE MILLING SERVICES PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: June 9, 2022 INVITATION TO BID (ITB): 22-0155 BID OPENING DATE: June 23, 2022 (UNCHANGED) ITB No. 22-0155, issued May 31, 2022, is hereby amended as Follows: 1. Part 2, Sections 7.1.2, 7.1.4, 7.2.3, 7.2.4, 7.2.8, and 7.3.6 have been deleted from the bid document as they are not applicable. 2. Part 2, Section 6.3 has been deleted from the bid document as they are not applicable. 3. Part 2, Section 7.4 has been deleted from the bid document as they are not applicable. 4. Line item #2 on the City of Fort Worth Bid Solicitation has been changed to read from "Full Depth Milling only- 0-2 inches -Asphalt" to "Full Depth Milling Turnkey- 0-2 inches-Asphalt". 5. Line item #3 on the City of Fort Worth Bid Solicitation has been changed to read from "Full Depth Milling only- 0-2 inches -Concrete"to"Full Depth Milling Turnkey-0-2 inches -Concrete". 6. Line item #4 on the City of Fort Worth Bid Solicitation has been changed to read from "Full Depth Milling only-2-4 inches-Asphalt. City retains millings"to"Full Depth Milling Turnkey- 2-4 inches -Asphalt. City retains millings". 7. Line item #5 on the City of Fort Worth Bid Solicitation has been changed to read from "Butt joints -Asphalt—Milling only' to "Butt joints -Asphalt--Milling turnkey". 8. A revised City of Fort Worth Bid Solicitation is hereby incorporated, in full text on page 2 of this addendum. All other terms and conditions remain unchanged. Alyssa Wilkerson BUYER By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME; (/)9,5 X7- C - SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. FORT WORTH,., ADDENDUM TO INVITATION TO BID NO. 22-0155 ASPHALT AND CONCRETE MILLING SERVICES PURCHASING DIVISION ADDENDUM NO. 2 DATE ISSUED: June 15, 2022 INVITATION TO BID (ITB): 22-0155 BID OPENING DATE: June 23, 2022 (UNCHANGED) ITB No. 22-0155, issued May 31, 2022, is hereby amended as follows: 1. Questions and Answers document is hereby incorporated, in full text, page 2. 2. The quantity of Line item #5 on the City of Fort Worth Bid Solicitation has been changed to read from "50,000 SY"to "1,000 LF". 3. A revised Bid Solicitation is hereby incorporated, in full text on page 3 of this addendum. All other terms and conditions remain unchanged. Alyssa Wilkerson BUYER By the signature affixed below, Addendum No. 2 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: ���T/�OL A C . SIGNATURE:�� Ay NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. ATTACHMENT F DOCUMENTATION CHECKLIST 'Bidder shall complete the below to aid in responsiveness` Refer to Part 1, Section 14.2 for more information on the below required documents. Reauired Documents Document Attached? Ye slN o A completed and signed Bid Submission Signature Page Yes A completed Bid Solicitation Yes Attachment A-Conflict of Interest Questionnaire Yes Attachment B -A completed Consideration of Location of Bidder's Yes Principal Place of Business (if applicable) Attachment C-A completed and signed Bidder's Contact Yes Information Attachment D -A completed Reference Sheet Yes Attachment E-A completed Bidder Qualification Questionnaire Yes Current Pricelist of services your company offers Yes Scanned copy of all documents listed in Section 14.2, Part 1 on a Yes USB Drive Signed Addendum(s) acknowledging receipt. Yes ITB 22-0155 Asphalt and Concrete Milling Services Page 28 of 29 City of Fort Worth, Texas Mayor and council communication DATE: 08/09/22 M&C FILE NUMBER: M&C 22-0557 LOG NAME: 13P ITB 22-0155 ASPHALT AND CONCRETE MILLING SERVICES AW TPW SUBJECT (ALL)Authorize Execution of a Purchase Agreement with Dustrol,Inc..for Asphalt and Concrete Milling Services for the Transportation and Public Works Department in an Annual Amount Up to$870,039.00 for the Initial Term and Authorize Five, One-Year Renewals for the Same Annual Amount RECOMMENDATION: It is recommended that the City Council authorize execution of a purchase agreement with Dustrol,Inc.,for asphalt and concrete milling services for the Transportation and Public Works Department in an annual amount up to$870,039.00 for the initial term and authorize five,one-year renewals for the same annual amount DISCUSSION: The Transportation and Public Works Department approached the Purchasing Division for assistance with securing an agreement for asphalt and concrete milling services that will be purchased on an as-needed basis. Under the proposed agreement,the Vendor will repair uneven and damaged roads throughout the City of Fort Worth. Purchasing issued an Invitation to Bid [ITB]that consisted of detailed specifications regarding the types of milling services, equipment requirements, and the timeframe to perform the services. The ITB was advertised in the Fort Worth Star-Telegram for four consecutive Wednesdays beginning on June 1,2022 through June 22, 2022.The City received two responses. An evaluation panel consisting of representatives from the Water and Transportation and Public Works Departments reviewed and scored the submittals using Best Value criteria.The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Bidders Evaluation Factors a b c Total score Dustrol,Inc. 15.00 17,50 35.Q0 67.5Q TexOp Construction. LP 17.00 17.50 24.05 58.55 Best Value Criteria: a. Contractor's References&Experience with entities of a similar size b. Contractor's approach to perform the milling services c. Cost of service After evaluation,the panel concluded that Dustrol, Inc.presented the best value to the City.Therefore,the panel recommends that Council authorize this agreement with Dustrol, Inc.No guarantee was made that a specific amount of services would be purchased.Staff certifies that the recommended vendor bid met specifications. Funding is budgeted in the Transportation and Public Works Department Highway&Streets Department's General Capital Projects Fund for the purpose of funding the 2022 Interlocal Agreement with Tarrant County Project and in the Transportation and Public Works Department Rollup within the General Fund. DVIN-BE:A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible, AGREEMENT TERMS: Upon City Council approval,this agreement shall begin upon execution and expire one year from that date, RENEWAL TERMS: This agreement may be automatically renewed for five additional,one-year terms.This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDER: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. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating and capital budget, as previously appropriated, in the General Capital Projects Fund for the 2022 Interlocal Agreement w/TC project and in the General Fund to support the approval of the above recommendation and execution of a purchase agreement. Prior to any expenditure being incurred,the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office bk Reginald Zeno 8517 Dana Burghdoff 8018 Originating Business Unit Head: Tony Rousseau 8338 William Johnson 7801 Additional Information Contact: Cynthia Garcia 8525 Alyssa Wilkerson 8357 Expedited VSAG-Milling Agreement Final Audit Report 2022-00,--23 Created: 2022-09-23 By: Andrea Munoz(Andrea.Munoz@fortworthtexas.gov) Status: Canceled 1 Declined Transaction ID: CBJCHBCAABAAdbyx7NBM7RgnV8u29nLzwnYhOnVkJ-BI WSAG-Milling Agreement" History Document created by Andrea Munoz(Andrea.Munoz@fortworthtexas.gov) 2022-09-23-5:53:41 PM GMT-IP address:204.10.91,100 Document emailed to Lakeesha Dodson (lakeesha.dodson@fortworthtexas.gov) for signature 2022-09-23-6:05:32 PM GMT Email viewed by Lakeesha Dodson {lakeesha,dodson@fortworthtexas.gov) 2022-09-23-6:14:48 PM GMT-IP address:209,i94.29.100 r`. Document e-signed by Lakeesha Dodson (lakeesha.dodson@fortworthtexas.gov) Signature Date:2022-09-23-6:17:39 PM GMT-Time Source:server-IP address:209.194.29.100 Document emailed to Sophia.Gatewood@fortworthtexas.gov for approval 2022-09-23-6:17A2 PM GMT Email viewed by Sophia.Gatewood@fortworthtexas.gov 2022-09-23-8:03:11 PM GMT-IP address:204.10.91,100 Document declined by Sophia.Gatewood@fortworthtexas.gov Decline reason:Page 25 does not include the insurance requirements.The Certificate does not indicate the waiver of subrogation language. 2022-09-23-8:10:54 PM GMT-IP address:204.10.91.100 FORT NORTH, I Powered by Adobe Acrobat Sign VSAG-Milling Agreement Final Audit Report 2022-09-27 Created: 2022-09-26 By: Andrea Munoz(Andrea.Munoz@fortworthtexas.gov) Status: Canceled/Declined Transaction ID: CBJCHBCAABAAvHuOXpJNEo939-vx_bZjhEPXtfKYO5ZB "VSAG-Milling Agreement" History Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2022.09-26.9:32:46 PM GMT-IP address:209.194.29.100 Document emailed to Sophia.Gatewood@fortworthtexas.gov for approval 2022-09-26-9:34:38 PM GMT Email viewed by Sophia.Gatewood@fortworthtexas.gov 2022-09-27- 12:46:5D PM GMT-IP address:2D9.194.29.100 Signer Sophia.Gatewood@fortworthtexas.gov entered name at signing as Sophia Gatewood 2022-09-27-12:48:25 PM GMT-IP address:209.194.29.100 Document approved by Sophia Gatewood (Sophia.Gatewood@fortworthtexas.gov) Approval Date:2022-09-27-12:48:26 PM GMT-Time Source:server-IP address:209.194.29.100 Document emailed to Lauren.Prieur@fortworthtexas.gov for signature 2022-09-27- 12-48:31 PM GMT Email viewed by Lauren.Prieur@fortworthtexas.gov 2022-09-27-1:43:13 PM GMT-IP address.209.194.29.100 Signer Lauren.Prieur@fortworthtexas.gov entered name at signing as Lauren Prieur 2022-09-27-1A3:34 PM GMT-IP address:209.194.29.100 Document e-signed by Lauren Prieur(Lauren.Prieur@fortworthtexas.gov) Signature Date:2022-09-27-1:43:36 PM GMT-Time Source:server-IP address:209.194.29.100 Document emailed to Priscilla.Ramirez@fortworthtexas.gov for approval 2022-09-27-1:43:41 PM GMT Email viewed by Priscilla.Ramirez@fcrtworthtexas.gov 2022-09-27-2:45,22 PM GMT-IP address:209.194.29.100 FORT WORTH. P"' Y Adobe Acrobat Sign Lo Document canceled by Andrea Munoz(Andrea.Munoz@fortworthtexas.gov) 2022-09-27-5:42:54 PM GMT-I address:209.194.29.100 FORT WORTH. P---d ey Adobe Acrobat Sign