HomeMy WebLinkAboutContract 58563-CA1CSC No. 58563-CAl
CITY OF FORT WORTH
ASSIGNMENT
For value, received Trex Commercial Products, Inc. ("Assignor"), hereby assigns to
Sightline Commercial Solutions, LLC ("Assignee"), all of its right, title and interest in and to any
and all sums of money now due or to become due from the City of Fort Worth to Assignor under
PSK 18092/CSCO 58563 (the "Contracts") and Assignee agrees to assume and perform all
duties and obligations required by Assignor under the terms of the Contracts.
This Assignment constitutes the entire agreement between Assignor and Assignee with
respect to the subject matter hereof. No modification of any provision of this Assignment shall
be effective unless in writing and signed by Assignor and Assignee. This Assignment shall inure
to the benefit of and be binding upon Assignor and Assignee and their respective successors and
assigns. This Assignment shall be governed by the terms of the original Contracts between
Assignor and various other entities and the City of Fort Worth and the laws of the State of Texas,
without application of principles of conflicts of law.
This Assignment may be executed in one or more counterparts each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
Signed signature pages may be transmitted by facsimile or e-mail, and any such signature shall
have the same legal effect as an original.
Dated the 4�',p day of 2023.
Trex Commercial Products, Inc.
(Assignor)
By:
Print:�� ,,t 6
Title: Treasurer
Sightline
(Assignee
By:
Print:
Chad Bailey
Title: Chief Financial Officer
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Assignment Page I of 3
NOTARY ACKNOWLEDGEMENT
On the 19?�p day 2023, personally appeared
who acknowledged to me that (s)he is the Treasurer of Trex Commercial
Products, Inc. ("Assignor"), and that (s)he executed this document for the purposes and
consideration contained herein.
Bre, -Co cial Pro K
Print:
Title: Treasurer
SUBSCRIBED TO before me on this A?Ze day of 2023.
QDData Btrt�M�dbt Not Pub is in and for the �at;�Uf\/co, . � t� ofvrpnM 3
N"V Pubk My commission Expires: -Jav"v0.%-1 31, Za26
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NOTARY ACKNOWLEDGEMENT
On the 27th day of September 2023, personally appeared
Chad Bailev , who acknowledged to me that (s)he is the Chief Financial Officer of
Sightline Commercial Solutions, LLC ("Assignee"), and that (s)he executed this document for
the purposes and consideration contained herein.
Sightline al olu ' ns,
By:
Print: Chad Bailey
Title: Chief Financial Officer
SUBSCRIBED TO before me on this 27th day of _ September 2023.
MARY T. MEISTER
Notary PubnniesotaMy Commtssae. a,, 2025 No Publ' in and or the State of MN
My commission Expires: January 31, 2025
Assignment Page 2 of 3
CONSENT TO ASSIGNMENT
The City of Fort Worth consents to the assignment of Trex Commercial Products, Inc.
("Assignor") to Sightline Commercial Solutions, LLC ("Assignee"), of all its rights, title, and
obligation owing and all funds due or to become due to Assignor under PSK 18092/CSCO 58563
as long as all terms required of Assignor in said contracts are met by Assignee.
CITY OF FORT WORTH
Department Director
William Johnson0, 15, 2023 0728 CDT)
Assistant City Manager
9FORTn��4
ATTESTED BY: °~°
Jannette Goodall, City Secretary
APPROVED AS TO FORM AND LEGALITY:
City of Fort Worth Assistant City Attorney
Contract Compliance Manager:
Oct 10, 2023
Date
Oct 15, 2023
Date
Oct 16, 2023
Date
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including ensuring all performance and
reporting requirements.
Oct 10, 2023
Employee Signature/Date
Capital Projects Manager
Title
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Assignment Page 3 of
Form Request for Taxpayer Give Form to the
(Rev. October2018) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
Sightline Commercial Solutions, LLC
2 Business name/disregarded entity name, if different from above
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3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
4 Exemptions (codes apply only to
ca
following seven boxes.
certain entities, not individuals; see
a
instructions on page 3):
o
Individual/sole proprietor or ElC Corporation ElS Corporation ElPartnership ❑ Trust/estate
c
single -member LLC
Exempt payee code (if any)
0.0
® Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► P
`p
Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check
Exemption from FATCA reporting
*' w
c
LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is
code (if any)
IL V
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that
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is disregarded from the owner should check the appropriate box for the tax classification of its owner.
V
G1
❑ Other (see instructions) ►
(Applies to accounts maintained outside the U.S.)
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5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional)
7008 Northland Drive; Suite 150
cn
6 City, state, and ZIP code
Minneapolis, MN 55428
7 List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals, this is generally your social security number (SSN). However, for a - m
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
8 F8 - 4 3 6 8 8 3 6
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are ntA requir d to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later.
i
Sign Signature of
Here U.S. person ► Date ► 01 /03/2023
General Instructions • Form 1099-DIV (dividends, including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
040�
SIGHTLINE
COMMERCIAL SOLUTIONS
TREX COMMERCIAL / STAGING CONCEPTS IS NOW SIGHTLINE COMMERCIAL SOLUTIONS
Leading Railing and Platform Solutions Provider Now Owned and Operated Out of Minnesota
MINNEAPOLIS, January 3, 2022 — A renowned leader in architectural solutions for the commercial
building arena is kicking off the new year with a new name. Formerly known as Trex Commercial
Products, the railing and platform solutions provider which previously marketed products under the
Trex Commercial and Staging Concepts brands is now Sightline Commercial Solutions. Now
owned and operated out of Minnesota, the newly named company will continue its legacy as a
leading fabricator and supplier of architectural railing, metal, glazing and portable platform solutions
for the commercial, sports venue, live entertainment and performing arts industries.
"Our talented team is ready and excited for this next chapter in our company's rich storyline and
eager to continue building on our reputation as a leader in our space," said Laura Rygielski, CEO of
Sightline Commercial Solutions. "Our new name celebrates our 32-year history while reinforcing our
focus on being a provider of customized solutions for the most complex challenges."
Founded in 1990, the company originally called Staging Concepts (inspiring the S and C in the new
moniker) entered the market with a portfolio of platforms, risers and stairs, and a vision for growth.
Over the past three decades, it has evolved and expanded into a comprehensive provider of
custom -engineered architectural railing and staging systems and a supplier of choice for event
venues of all sizes and functions.
Initially focused on the live events and entertainment markets, Staging Concepts started out
working with theaters and live event spaces, including venues such as Madison Square Garden in
New York City, Spiegelworld in Las Vegas and the Radv Shell at Jacobs Park in San Diego. The
company soon added architectural railings to its offering, attracting the attention and business of
some of the country's most renowned contractors, architects and athletic venues. Ultimately, SC
Railing was formed, which quickly became the go -to resource for specifiers in the ultra -high -end
construction contract arena, booking jobs at dozens of professional and collegiate stadiums and
arenas, including SoFi Stadium and Banc of California Stadium in Los Angeles, Allianz Field in
Minneapolis, Havward Field in Eugene, Ore., Geodis Park in Nashville, Notre Dame Stadium in
South Bend, Ind., and Dickies Arena in Ft. Worth.
Over the years, the business has continued to diversify within the commercial construction market,
creating innovative solutions for projects across hospitality, healthcare, worship and retail. The
company also has provided custom staging and railing solutions for such high -profile events as the
NCAA Final Four Tournament, Sundance Film Festival and the presidential inauguration.
"Wherever people gather, artists inspire and crowds go wild, our mission is to help venues optimize
their spaces to deliver an elevated, memorable experience," noted Rygielski. "With our extensive
manufacturing capabilities and unrivaled engineering expertise, we are able to offer a broad array of
solutions along with comprehensive support from inspiration to installation."
While the name has changed, the company's core philosophy remains the same — to create
inventive solutions for the most complex challenges while providing unparalleled value and an
exceptional customer experience. Unlike traditional suppliers, Sightline Commercial Solutions offers
turnkey support capabilities from in-house designers, engineers and structural analysts to 3-D
scanning capabilities, custom fabrication, expert installation services and more.
Introducing Sightline Commercial Solutions — 2
"We understand that our role goes beyond being just a fabricator," Rygielski added. "It's about
being a meaningful partner with our customers, from the conceptual beginning to the successful
completion of a project."
To learn more about Sightline Commercial Solutions, click here or visit
htti)s://www.siahtlinecommercial.com.
About Siahtline Commercial Solutions
Based in Minneapolis, Sightline Commercial Solutions is a leading fabricator and global supplier of
architectural railing, metal, glazing and portable platform solutions for the commercial, sports venue,
live entertainment and performing arts industries. Since 1990, the company has specialized in
providing innovative solutions for the most complex challenges. For more information visit
httiDs://www.siqhtlinecommercial.com.
Permanent Assignment of TIPS Contract
Rev.0218-2021 SR
The Interlocal Purchasing System (TIPS)
A Department of Education Service Center, Region 8 - (a Texas governmental entity)
4845 US Highway North, Pittsburg, Texas 75686
Permanent Assignment of TIPS Contract(s)
This is a Tri-Party Assignment Agreement.
The intent of this form (the "Agreement" or the "Assignment") is for a TIPS contracted vendor
("Assignor") to permanently assign all rights and obligations described under the The Interlocal
Purchasing System (TIPS) contract(s) held by the Assignor named herein. The Assignor retains no
rights under the assigned contract(s). This contractual assignment of rights and obligations is
exclusive and not rescindable by the Assignor.
TIPS reserves the immediate right of rescission of this assignment at will, for cause, no cause or for
convenience, with written or electronic notice to the other two (2) parties to this assignment at the
addresses provided in the signature block herein.
TIPS Contract(s) name and number: 21070301 Staging, Enclosure, and Riser Products
and Services 21070302 Staging, Enclosure, and Riser Products and Services (JOC)
Assignor (original TIPS contract holder):
Trex Commercial Products Inc., dba Staging Concepts
Assignee (company assigned contract): Slghtllne Commercial Solutions, LLC
Effective Date of Assignment(s): September 22, 2023
The Assignor permanently assigns the Assignor's contractual rights and obligations under the
specified TIPS contract(s) to the named Assignee ("Assignee") as described herein until Assignor's
TIPS contract(s) expires by its terms or this Assignment Agreement is terminated as provided therein
or herein. The Assignee agrees to be bound by all terms and conditions of the named TIPS contract(s)
and must comply with all applicable federal, state and local law, regulations and rules. It is the
responsibility of the Assignor to provide, and the responsibility of the Assignee to
request/receive/review all applicable contract pricing and contract documents that the Assignor
deemed confidential which are not hyperlinked or attached hereto prior to execution. The Assignor's
TIPS Agreement, the incorporated TIPS Request for Proposal and the Assignor's response to the
TIPS Request for Proposal are hereby incorporated herein in full and are as binding upon the Assignee
as they are upon the Assignor and if all named documents for Exhibit "A" are not attached or
hyperlinked, they are incorporated herein by reference as if copied verbatim. It is the responsibility
of each party to obtain and read each document named in Exhibit "A" prior to signing. The signature
of a party is express confinnation that the signing parties read, understand, and agree to the terms of
the documents identified in Exhibit "A."
Payment of TIPS Administration Fees, as provided for in the documents named in Exhibit "A," shall
be the responsibility of the Assignee. The TIPS Administration Fee is set forth in Exhibit "A" and is
Pagel of 4
Permanent Assignment of TIPS Contract
Rev.0218-2021 SR
up to 4% of the total price of any sale under the assigned TIPS contract(s). The Assignee shall pay
the designated TIPS Administration Fee which is up to 4% of the total price of any sale under the
assigned TIPS contract(s).
If applicable, payment and perforniance or other bonding requirements of the TIPS Member are the
responsibility of the Assignee.
In consideration thereof, the Assignor acknowledges receipt of proper and agreed compensation by
the Assignee in relation to this assignment.
The Assignor warrants and covenants the following with regard to the contractual rights which the
Assignor has assigned:
1. that they are still owing to the Assignor over and above all claims for setoff or otherwise;
2. that the Assignor, with the agreement of TIPS, has the right to assign the contract;
3. that the Assignor will not do any act which may prevent or hinder the Assignee from
enforcing the assigned contractual rights; and
4. that the Assignor has not done or knowingly permitted any act, deed or thing by which
the contractual rights can be impeached or affected in any manner.
5. The Assignor directs the Assignee to complete the contractual obligations, which would
otherwise be the responsibility of the Assignor, but which have been transferred as
indicated herein, with the Assignee.
6. It is agreed that this Assignment will inure to the benefit of and be binding upon the
parties to this Assignment, their heirs, executors, administrators, successors and assigns,
respectively.
This Agreement will be construed in accordance with and governed by the laws of the State of Texas
and venue for any action involving Education Service Center Region 8 and/or TIPS as a party shall
be in Camp County, Texas.
All Parties understand and agree that all TIPS Administration Fees on sales reported to TIPS prior to
the Effective Date of this Agreement must be paid by Assignor before execution of this agreement.
All sales reported to TIPS after the Effective Date of this Agreement, whether made by Assignee or
Assignor and whether made before or after the Effective Date of this Agreement, shall be assumed
and paid by Assignee. (Ex. Assignor makes a TIPS sale on January 1, Effective Date of Assignment
is February I of the same year, the sale is reported to TIPS March I of the same year, Assignee shall
be legally responsible for the TIPS Administration Fees due to TIPS for that sale).
In the event that any one or more of the provisions contained in this Agreement shall, for any reason,
be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not
affect or invalidate any other provision thereof, and this Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. All existing agreements
and contracts both verbal and written, between the Assignor and the Assignee have been superseded
by this Agreement.
There are no third -party beneficiaries to this Agreement.
Page 2 of 4
Permanent Assignment of TIPS Contract
Rev.0218-2021 SR
Notwithstanding the assignment of rights and obligations contained within the terms of this
Agreement, no assignment or transfer of any rights or obligations under the documents identified as
Exhibit "A" or under this Agreement shall be made without prior notification of and written
pennission of TIPS.
The parties intend this statement of this Agreement including Exhibit "A" to constitute the complete,
exclusive, and fully integrated statement of the Agreement. As such, it is the sole expression of their
agreement, and they are not bound by any other agreements of whatsoever kind or nature.
The parties have each caused the foregoing to be executed by their respective authorized
representatives as of the date specified by the final signatory. This assignment is not effective until
all parties listed have signed and dated.
The Interlocal Purchasing System (TIPS)
Printed Name of Authorized Signatory: David Fitts
Signature:
Title: Executive Director
Address: 4845 US Highway 271 North
City, State Pittsburg, TX
Zip: 75686 Date: 09.22.23
Name of Assignor Company:
Trex Commercial Products Inc., dba Staging Concepts
Printed Name of Authorized Si ory: Amy M. Fernandez
Signature:"
Title: Secretary
Address: 2500 Trex Way
City, State Winchester, VA
Zip: 22601 Date: 9/11 /2023
Name of Assignee Company: Sightline Commercial Solutions, LLC
Printed Name of AVie ry: had Bailey
Signature:
Page 3 of 4
Permanent Assignment of TIPS Contract
Rev.0218-2021 SR
Title: CFO
Address: 7008 Northland Drive, Suite 150
City, State Minneapolis, MN
Zip: 55428 Date: 09/12/2023
EXHIBIT "A" DESCRIBED HEREIN IS ATTACHED OR HYPERLINKED BELOW
Exhibit "A" includes:
1. Assignor's TIPS Vendor Agreement is hereby incorporated as if fully set forth herein and is
as binding upon the Assignee as it is upon the Assignor.
2. The TIPS Request for Proposal related to this assignment is hereby incorporated as if fully set
forth herein and is as binding upon the Assignee as it is upon the Assignor.
3. Assignor's response to the TIPS Request for Proposal is hereby incorporated as if fully set
forth herein and are as binding upon the Assignee as they are upon the Assignor.
TIPS staff inserts below the above -named documents:
Assignor's TIPS Vendor Agreement:
httDs://www.tips-usa.cotn/assets/VendorSDdf/21070301 CONTRACT 2Part Staging Enclosure Riser Staging Concepts Inc.pdf
httDS:),'W-,VW.tiDS-usa.com/assets/Vendorsridf/21070302 JOC CONTRACT 2Part Staging Enclosure Riser Staging Concepts Inc.pdf
TIPS Request for Competitive Sealed Proposal:
litti)s:/iwww.tios-usa.com/assets/Commoditvt)df/210703%20RFP%20SDecificatioiis%20 "/`20PART°/u201%200NLY.r)df
litti)s://www.t i Ds-usa.com/assets/Commodi tvt)df/210703 %20RCSP%20 Specifications%2OPart%202%20JOC.t)df
Assignor's Response to the TIPS Request for Competitive Sealed Proposal:
hops://www.tips-usa.com/assets/Veiidorst)dfi21070301 CONTRACT 2Part Staging Enclosure Riser Staging Concepts Inc.ndf
httr)s://www.tit)s-usa.com/assets/Vendorst)df/21070302 JOC CONTRACT 2Part Staging Enclosure Riser Staging Concepts Inc.odf
It is the responsibility of the Assignor to provide, and the responsibility of the Assignee to
request/receive/review all applicable contract pricing and contract documents that the Assignor
deemed confidential which are not hyperlinked or attached hereto prior to execution. If all of
the foregoing confidential/pricing documents or those documents named in Exhibit "A" are not
attached or hyperlinked, they are incorporated herein by reference as if copied verbatim. It is
the responsibility of each party to obtain and read each document named in Exhibit "A" prior
to signing. The signature of a party is express confirmation that the signing parties read,
understand, and agree to the terms of the documents identified in Exhibit "A."
Page 4 of 4