HomeMy WebLinkAboutContract 51992 CITY SECRETARY
0 V 19 a a I CONTRACT NO. 5 19 01
CONTRACTOR SERVICES AGREEMENT
PUMP AND HOSE RENTAL
This CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into by
and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting
by and through its duly authorized Assistant City Manager, and United Rentals (North America), Inc.
("Contractor"), acting by and through its duly authorized signatory. Each entity may be referred to as a
"Party" and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. Attachment "A" — The City's Invitation to Bid (`ITB") and its attachments and exhibits,
specifically, ITB Attachment G, Detailed Scope of Services;
2. Attachment "B"—Contractor's response to ITB; and
3. Attachment"C"—Verification of Signature Authority Form.
The attachments referenced above are attached hereto and incorporated herein, and are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of the
attachments 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.
Contractor hereby agrees to provide pump and hose rental, delivery/pickup, setup and staging and
standby services for the City of Fort Worth Water Field Operations Division on an "as needed" basis as
specifically described in Attachments A and B.
2. TERM.
This Agreement is effective as of the date subscribed below by the City's designated Assistant
City Manager(`Effective Date"). The period of time between the Effective date and September 30"i, 2019
is the "Initial Term". Upon the expiration of the Initial Term, the Agreement shall renew automatically
under the same terms and conditions for a one-year period (`Renewal Period"). The September 30"'
following any term period (Initial or Renewal) of the following year shall be the date of contract
expiration ("Expiration Date"). Unless terminated as provided for herein, there may be up to four (4)
automatic Renewal Periods (October I to September 30). City reserves the right to exercise an optional
fifth renewal, at the City's sole discretion. Each Renewal Period is subject to funding availability. Either
the City or Contractor may provide the other party with notice of non-renewal at least 60 days before the
Expiration Date of any term.
3. COMPENSATION.
City shall pay Contractor an amount up to $300,000.00 ("Contract Amount"), for services
rendered in a term, in accordance with the unit prices established in Contractor's bid contained in
Attachment B and as further provided for herein. The Contract Amount shall not change in any
subsequent renewal period, except as provided for below, however Contractor may submit a revised unit
price schedule to reflect increased costs, if any, prior to each renewal. Contractor shall not perform any
additional services or bill for expenses incurred that are not specified by this Agreement
requests and approves in writing the additional costs for such services. City shall no be® liable o tRV
��QQ ted Rentals North America),Inc. Page
e 1 of 12 C'TY SECRETARY
Contractor Services Agreement F'e'e WORTH,TX
additional expenses of Contractor not specified by this Agreement or added thereto in writing. City is not
obligated to utilize the full Contract Amount in any term.
4. TERMINATION.
4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no or insufficient funds are appropriated by
City to fund any payments due hereunder, City will notify Contractor of such occurrence and this
Agreement shall terminate on the Expiration Date of the term for which appropriations are available
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 pursuant to Termination. In the event that this
Agreement is terminated prior to the Expiration Date, City shall pay Contractor for services actually
rendered up to the effective date of termination and Contractor shall continue to provide City with
services requested by City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason, Contractor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Contractor has
received access to City Information or data as a requirement to perform services hereunder, Contractor
shall return all City provided data to City in a machine readable format or other format deemed acceptable
to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full
disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Contractor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Contractor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City ("City Information") as confidential and
shall not disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. Contractor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Contractor shall notify City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event, Contractor
shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Contractor agrees that City shall, until the expiration of three (3)years after final payment under
this contract, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Contractor involving transactions relating to this
Agreement at no additional cost to City. Contractor agrees that City shall have access during normal
working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work
United Rentals(North America),Inc. Page 2 of 12
Contractor Services Agreement
space in order to conduct audits in compliance with the provisions of this section. City shall give
Contractor reasonable advance notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall operate as an independent Contractor
as to all rights and privileges and work performed under this Agreement, and not as an agent,
representative or employee of City. Subject to and in accordance with the conditions and provisions of
this Agreement, Contractor shall have the exclusive right to control the details of its operations and
activities and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondeat
superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its
officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between City and
Contractor. It is further understood that City shall in no way be considered a co-employer or a joint
employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor.
Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be
entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or
subcontractor.
8. LIABILITY AND INDEMNIFICATION.
Primary terms of liability and indemnification are found in the ITB at Part IV, Sec. 28.
INTELLECTUAL PROPERTY INDEMNIFICATION — To the extent it is applicable,
Contractor 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. So long as Contractor bears the cost and expense of
payment for claims or actions against City pursuant to this section, Contractor shall have the right
to conduct the defense of any such claim or action and all negotiations for its settlement or
compromise and to settle or compromise any such claim; however, City shall have the right to fully
participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's
interest, and City agrees to cooperate with Contractor in doing so. In the event City, for whatever
reason, assumes the responsibility for payment of costs and expenses for any claim or action
brought against 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, Contractor shall fully
participate and cooperate with City in defense of such claim or action. City agrees to give
Contractor timely written notice of any such claim or action, with copies of all papers City may
receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or
expenses shall not eliminate Contractor'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, Contractor 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
United Rentals(North America),Inc. Page 3 of 12
Contractor Services Agreement
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 Contractor terminate this Agreement,
and refund all amounts paid to Contractor 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. Contractor shall not assign any of its duties, obligations or rights under this
Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee
shall execute a written agreement with City and Contractor under which the assignee agrees to be bound
by the duties and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly
liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If Contractor intends to engage a subcontractor(s) to perform any of its
obligations herein, subcontractor(s) shall agree to be bound by the duties and obligations of Contractor
under this Agreement as such duties and obligations may apply. Contractor shall, upon request, provide
City with a fully executed copy of any agreement making such subcontract.
10. INSURANCE.
Contractor shall provide City with certificate(s) of insurance documenting the existence of
policies of the types and minimum coverage limits to be in effect as provided for in Article III, Sections
8.0 and 9.0 of the ITB, prior to commencement of any work pursuant to this Agreement:
11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Contractor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Contractor of any violation of such laws, ordinances,
rules or regulations, Contractor shall immediately desist from and correct the violation. Contractor shall
also abide by all specific laws, ordinances, rules or regulations as are recited in Attachment A at Part III,
Paragraph 4.0.
12. NON-DISCRIMINATION COVENANT.
In addition to those terms found in Part IV, Section 32.0 of the ITB, Contractor, for itself, its
personal representatives, assigns, subcontractors and successors in interest, as part of the consideration
herein, agrees that in the performance of Contractor's duties and obligations hereunder, it shall not
discriminate in the treatment or employment of any individual or group of individuals on any basis
prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES,
ASSIGNS, SUBCONTRACTORSS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES
TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD
CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by electronic means with electronic confirmation of the transmission, or(3)
United Rentals(North America),Inc. Page 4 of 12
Contractor Services Agreement
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
To CITY: To CONTRACTOR:
City of Fort Worth Contractor business name
Attn: Project hjanagcr's Name and Title United Rentals(North America), Inc.
200 Texas Street 3421 AVENUE D STREET
Fort Worth, TX 76102-6314 Arlington, TX 76011
Facsimile: (817)392-8654 Phone: 877-735-7450
Email: Facsimile: 877-874-4468
With copy to Fort Worth City Attorney's Office at Representative: Tyler Bradford— Branch Manager
same address Email: govrents@ur.com
14. SOLICITATION OF EMPLOYEES.
Neither City nor Contractor shall, during the term of this Agreement and additionally for a period
of one year after its termination, solicit for employment or employ, whether as employee or independent
Contractor , any person who is or has been employed by the other during the term of this Agreement,
without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision
shall not apply to an employee of either party who independently responds to a general solicitation of
advertisement of employment by either party.
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 Contractor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
United Rentals(North America),Inc. Page 5 of 12
Contractor Services Agreement
19. FORCE MAJEURE.
City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, and/or any other similar causes.
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 had an opportunity to review and
revise 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 or its
attachments.
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 attachments, contains the entire understanding and agreement
between City and Contractor, their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of 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.
Contractor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty
(30) days from the date that the services are completed. In such event, at Contractor's option, Contractor
shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms
with the warranty, or(b) refund the fees paid by City to Contractor for the nonconforming services.
Contractor warrants that it will perform all services under this contract in a safe, efficient and
lawful manner using industry accepted practices, and in full compliance with all applicable state and
federal laws governing its activities and is under no restraint or order which would prohibit performance
of services under this contract.
United Rentals(North America), Inc. Page 6 of 12
Contractor Services Agreement
26. IMMIGRATION NATIONALITY ACT.
Contractor shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form (I-9).
Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Contractor shall adhere to
all Federal and State laws as well as establish appropriate procedures and controls so that no services will
be performed by any Contractor employee who is not legally eligible to perform such services.
CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor. ITB, Part IV, Sec. 33.0 is hereby stricken.
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,
Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work
Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other
proprietary rights therein, that City may have or obtain, without further consideration, free from any
claim, lien for balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. This Agreement and any
amendment hereto, may be executed by any authorized representative of Contractor 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. LICENSES AND PERMITS.
Contractor certifies that on the day work is to commence under this contract, and during the
duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses
and permits necessary for the provision of services under this contract.
Contractor also certifies that if it uses any subcontractor in the performance of this agreement,
that such subcontractor shall have and maintain current valid and appropriate federal and state licenses
and permits necessary for the provision of services under this contract.
United Rentals(North America),Inc. Page 7 of 12
Contractor Services Agreement
30. CHANGE IN COMPANY NAME OR OWNERSHIP
Contractor 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 Contractor or
authorized official must sign the letter. A letter indicating changes in a company name or ownership must
be accompanied with supporting legal documentation such as an updated W-9, documents filed with the
state indicating such change, copy of the board of director's resolution approving the action, or an
executed merger or acquisition agreement. Failure to provide the specified documentation so may
adversely impact future invoice payments.
31. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Contractor certifies that Contractor's signature provides written verification to the City
that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
(signature page and attachments follow)
United Rentals(North America),Inc. Page 8 of 12
Contractor Services Agreement
ACCORDINGLY, the parties hereto have duly executed this Agreement and established the
Effective Date as being the date subscribed by the City's designated Assistant City Manager.
CITY OF FORT WORTH: CONTRACTOR
By: By:
Name: y lei
Assistant CityManagerTitle: bva,,c
Date: �` ! [ rt Date:_ q/Olq
ATTEST-
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�.sA
City Sew �N
AP OV AS TO FORM AND LEGALITY:
B P—_
Douglas W. Black
Sr. Assistant City Attorney
APPROVAL REC/OM/MENDED:
By: � c �"
Name: G 14R 0 /-IARDE2
Title: w,hr !7i�• �+�
CONTRACT AUTHORIZATION:
M&C: p ' IZZ. Z
Date Approved: 0 261
1295#: ( doom 1
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contrac , including ensuring all performance
and report iequirements.
B ,.
ame: o
Title- v� �,oR—, -•
0FRUAL RECO RV
MY SECRETARY
United Rentals(North America),Inc. Page 9 of 12
Contractor Services Agreement ��° ``3 � ��
ATTACHMENT A
CITY'S ITB
eyc1V6e,-A f
United Rentals(North America), Inc. Page 10 of 12
Contractor Services Agreement
FORTWORTH.
ITB Cover Sheet
CITY OF FORT WORTH/PURCHASING DIVISION
INVITATION TO BID NO. 18-0443 PUMP AND HOSE RENTAL
BID CLOSING DATE: AUGUST 30, 2018
For further information contact: Jane Rogers, Buyer
FAX (817) 392-8440; email: FMSPurchasingResponsesa-fortworthtexas.gov
Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this
solicitation. Completed Bids including one executed original, one copy and one USB flash drive
containing electronic versions of all bid documents must be received in the Purchasing Division by
1:30 P.M., August 30, 2018, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers.
Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE
ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING
OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be
mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102
Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of
the courier's shipping envelope "BID No. 18-0443, PUMP AND HOSE RENTAL" AND MUST BE RECEIVED
BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE
CONSIDERED.
Late bids will be returned or destroyed ; they will not be opened nor considered in the evaluation of the bid. Bids may
be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the
official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are
offered, at the price(s) and upon the terms, conditions and scope/specifications contained in this document. The
period for acceptance of this bid will be 90 calendar days after the bid opening date.
By signing below, I certify that I have read the attached Terms and Conditions, Instruction to Bidders
and the Bid requirements and have agreed to all of the terms, conditions and requirements contained
herein. Failure to complete the requested information below will result in reiection of your bid.
Company Name and Address:
Federal ID Number(TIN):
Company's Authorized Agent Name and Title
Signature: Date: Telephone Number:
Email address: Fax Number:
Cooperative Purchasing.-
Should
urchasing:Should other Governmental entities decide to participate in this contract, would you, the Contractor,
agree that all terms, conditions, specifications, and pricing shall apply(see section 11)? Yes
No
Pre-Bid Conference: No Pre-Bid Conference.
Contents:
• Part—I : Bid Solicitation/Offer
• Part—II : Instruction to Bidders
• Part—III : Scope of Services/Specifications
• Part— IV : Standard Purchasing Terms and Conditions
• Part—V :Attachments
Revised 7.11.18cg
Page 1 of 7
BID SOLICITATION
Printed:08/10/2018
BID OPENING DATE AND TIME:
8/30/2018 1:30:00 PM
BID NUMBER: 18-0443
BUYER:Jane Rogers
PHONE#: (817)392-8385
DELIVERY REQUIRED:8/30/2018
V Vendor Name: S City of Ft Worth
E H
N Address: 1 1608 11TH AVENUE
D p FORT WORTH TX 76102
0 City,State Zip Code:
R T
O
Item Class-Item Quantity Unit Unit Price Total
70.000 The City of Fort Worth is seeking bids from qualified Contractors for an
annual Agreement for Pump and Hose Rental for the Water Department.
This Agreement shall begin on the date stated in Purchase Order
("Effective Date")and shall expire on 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 renew automatically under the same terms and conditions
for up to four(4)one-year renewal periods(October 1 to September 30)
and for a fifth renewal period which shall expire on completion of total five
year duration,unless City or Vendor provides the other party with notice of
non-renewal at least 60 days before the expiration of the Initial Term or
renewal period.However,if funds are not appropriated,the City may
cancel the Agreement 30 calendar days after providing written notification
to the Contractor/Vendor.
Unit prices shall include all costs associated with the specified goods and
services,including but not limited to handling,delivery,fuel charges,fees
and certifications fees.No additional charges will be accepted or paid by
the City.
1.000 Rental of Centrifugal Pumps 2"x2"(5HP)Daily Discount Price 1 EA
2.000 Rental of Centrifugal Pumps 2"x2"(5HP)Weekly Discount Price 1 EA
3.000 Rental of Centrifugal Pumps 2"x2"(5HP)Monthly Discount Price 1 EA
4.000 Rental of Centrifugal Pumps 3"x3"(14HP)Daily Discount Price 1 EA
5.000 Rental of Centrifugal Pumps 3"x3"(14HP)Weekly Discount Price 1 EA
6.000 Rental of Centrifugal Pumps 3"x3"(14HP)Monthly Discount Price 1 EA
7.000 Rental of Centrifugal Pumps 4"x4"(30HP)Daily Discount Price 1 EA
Page 2 of 7
BID SOLICITATION
Printed:08/10/2018
BID OPENING DATE AND TIME:
8/30/2018 1:30:00 PM
BID NUMBER: 18-0443
BUYER:Jane Rogers
PHONE#: (817)392-8385
DELIVERY REQUIRED:8/30/2018
V Vendor Name: S City of Ft Worth
E H
N Address: 1 1608 11TH AVENUE
D p FORT WORTH TX 76102
O City,State Zip Code:
R T
O
Item Class-Item Quantity Unit Unit Price Total
8.000 Rental of Centrifugal Pumps 4"x4"(30HP)Weekly Discount Price 1 EA
9.000 Rental of Centrifugal Pumps 4"x4"(30HP)Monthly Discount Price 1 EA
10.000 Rental of Centrifugal Pumps 6"x6"(100HP)Daily Discount Price 1 EA
11.000 Rental of Centrifugal Pumps 6"x6"(100HP)Weekly Discount Price 1 EA
12.000 Rental of Centrifugal Pumps 6"x6"(100HP)Monthly Discount Price 1 EA
14.000 Rental of Centrifugal Pumps 8"x8"(110HP)Daily Discount Price 1 EA
15.000 Rental of Centrifugal Pumps 8"x8"(110HP)Weekly Discount Price 1 EA
16.000 Rental of Centrifugal Pumps 8"x8"(11OHP)Monthly Discount Price 1 EA
17.000 Rental of Centrifugal Pumps 10"x10"(92HP)Daily Discount Price 1 EA
18.000 Rental of Centrifugal Pumps 10"x10"(92HP)Weekly Discount Price 1 EA
19.000 Rental of Centrifugal Pumps 10"x10"(92HP)Monthly Discount Price 1 EA
20.000 Submersible Pumps:Electric Motor Driven 2"(3.5HP)Daily Discount Price 1 EA
Page 3 of 7
BID SOLICITATION
Printed:08/10/2018
BID OPENING DATE AND TIME:
8/30/20181:30:00 PM
BID NUMBER: 18-0443
BUYER:Jane Rogers
PHONE#: (817)392-8385
DELIVERY REQUIRED:8/30/2018
V Vendor Name: S City of Ft Worth
E H
N Address: 1 1608 11TH AVENUE
D P FORT WORTH TX 76102
O City,State Zip Code:
R T
O
Item Class-Item Quantity Unit Unit Price Total
21.000 Submersible Pumps:Electric Motor Driven 2"(3.5HP)Weekly Discount 1 EA
Price
22.000 Submersible Pumps:Electric Motor Driven 2"(3.5HP)Monthly Discount 1 EA
Price
23.000 Submersible Pumps:Electric Motor Driven 3"(6HP)Daily Discount Price 1 EA
24.000 Submersible Pumps:Electric Motor Driven 3"(6HP)Weekly Discount 1 EA
Price
25.000 Submersible Pumps:Electric Motor Driven 3"(6HP)Monthly Discount 1 EA
Price
26.000 Submersible Pumps:Electric Motor Driven 4"(10HP)Daily Discount Price 1 EA
27.000 Submersible Pumps:Electric Motor Driven 4"(1 OHP)Weekly Discount 1 EA
Price
28.000 Submersible Pumps:Electric Motor Driven 4"(1 OHP)Monthly Discount 1 EA
Price
29.000 Submersible Pumps:Electric Motor Driven 6"(95HP)Daily Discount Price 1 EA
30.000 Submersible Pumps:Electric Motor Driven 6"(95HP)Weekly Discount 1 EA
Price
31.000 Submersible Pumps:Electric Motor Driven 6"(95HP)Monthly Discount 1 EA
Price
Page 4 of
BID SOLICITATION
Printed:08/10/2018
BID OPENING DATE AND TIME:
8/30/20181:30:00 PM
BID NUMBER: 18-0443
BUYER:Jane Rogers
PHONE#: (817)392-8385
DELIVERY REQUIRED:8/30/2018
V Vendor Name: S City of Ft Worth
E H
N Address: 1 1608 11TH AVENUE
D P FORT WORTH TX 76102
O City,State Zip Code:
R T
O
Item Class-Item Quantity Unit Unit Price Total
32.000 Submersible Pumps:Electric Motor Driven 8"(100HP)Daily Discount 1 EA
Price
33.000 Submersible Pumps:Electric Motor Driven 8"(100HP)Weekly Discount 1 EA
Price
34.000 Submersible Pumps:Electric Motor Driven 8"(100HP)Monthly Discount 1 EA
Price
35.000 Suction Hose:Water Suction Hose 2"x20'Daily Discount Price 1 EA
36.000 Suction Hose:Water Suction Hose 2"x20'Weekly Discount Price 1 EA
71.000 Suction Hose:Water Suction Hose 2"x20'Monthly Discount Price 1 EA
37.000 Suction Hose:Water Suction Hose 3"x20'Daily Discount Price 1 EA
38.000 Suction Hose:Water Suction Hose 3"x20'Weekly Discount Price 1 EA
39.000 Suction Hose:Water Suction Hose 3"x20'Monthly Discount Price; 1 EA
40.000 Suction Hose:Water Suction Hose 4"x20'Daily Discount Price 1 EA
41.000 Suction Hose:Water Suction Hose 4"x20'Weekly Discount Price 1 EA
Page 5 of 7
BID SOLICITATION
Printed:08/10/2018
BID OPENING DATE AND TIME:
8130120181:30:00 PM
BID NUMBER: 18-0443
BUYER:Jane Rogers
PHONE#: (817)392-8385
DELIVERY REQUIRED:8/30/2018
V Vendor Name: S City of Ft Worth
E H
N Address: 1 1608 11TH AVENUE
D P FORT WORTH TX 76102
O City,State Zip Code:
R T
O
Item Class-Item Quantity Unit Unit Price Total
42.000 Suction Hose:Water Suction Hose 4"x20'Monthly Discount Price 1 EA
43.000 Suction Hose:Water Suction Hose 6"x20'Daily Discount Price 1 EA
44.000 Suction Hose:Water Suction Hose 6"x20'Weekly Discount Price 1 EA
45.000 Suction Hose:Water Suction Hose 6"x20'Monthly Discount Price; 1 EA
46.000 Suction Hose:Water Suction Hose 8"x25'Daily Discount Price 1 EA
47.000 Suction Hose:Water Suction Hose 8"x25'Weekly Discount Price 1 EA
48.000 Suction Hose:Water Suction Hose 8"x25'Monthly Discount Price 1 EA
49.000 Discharge Hose 2"x20'Daily Discount Price 1 EA
50.000 Discharge Hose 2"x20'Weekly Discount Price 1 EA
51.000 Discharge Hose 2"x20'Monthly Discount Price 1 EA
52.000 Discharge Hose 3"x20'Daily Discount Price 1 EA
53.000 Discharge Hose 3"x20'Weekly Discount Price 1 EA
Page 6 of 7
BID SOLICITATION
Printed:08/10/2018
BID OPENING DATE AND TIME:
8/30/20181:30:00 PM
BID NUMBER: 18-0443
BUYER:Jane Rogers
PHONE#: (817)392-8385
DELIVERY REQUIRED:8/30/2018
V Vendor Name: S City of Ft Worth
E H
N Address: 1 1608 11TH AVENUE
D P FORT WORTH TX 76102
O City,State Zip Code:
R T
O
Item Class-Item Quantity Unit Unit Price Total
54.000 Discharge Hose 3"x20'Monthly Discount Price 1 EA
55.000 Discharge Hose 4"x50'Daily Discount Price 1 EA
56.000 Discharge Hose 4"x50'Weekly Discount Price 1 E4
57.000 Discharge Hose 4"x50'Monthly Discount Price 1 EA
58.000 Discharge Hose 6"x50'Daily Discount Price 1 E4
59.000 Discharge Hose 6"x50'Weekly Discount Price 1 EA
60.000 Discharge Hose 6"x50'Monthly Discount Price 1 EA
61.000 Discharge Hose 8"x50'Daily Discount Price 1 EA
62.000 Discharge Hose 8"x50'Weekly Discount Price 1 EA
63.000 Discharge Hose 8"x50'Monthly Discount Price 1 EA
64.000 24 hour standby and monitoring of pumps,suction and discharge for 1000 EA
bypass pumping on location,including fueling and maintenance of pumps
as needed
Page 7 of 7
BID SOLICITATION
Printed:08/10/2018
BID OPENING DATE AND TIME:
8/30/20181:30:00 PM
BID NUMBER: 18-0443
BUYER:Jane Rogers
PHONE*: (817)392-8385
DELIVERY REQUIRED:8/30/2018
V Vendor Name: S City of Ft Worth
E H
N Address: 1 1608 11TH AVENUE
D p FORT WORTH TX 76102
O City,State Zip Code:
R T
O
Item Class-Item Quantity Unit Unit Price Total
65.000 Delivery and/or Pick-Up Charge of Rental Equipment,Monday-Friday 300 EA
Regular Hours 7:00 a.m.to 4:00 p.m.,per incident
66.000 Delivery and/or Pick-Up Charge of Rental Equipment,Monday-Friday 300 EA
After Hours 4:01 p.m,to 6:59 a.m.,and anytime Saturday or Sunday,
including Holidays,per incident
67.000 Set-Up and Stage Fee,if required 1 EA
68.000 Miscellaneous pump and hose rentals not listed @_%discount 1 EA
TOTAL:
WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE
MUST BE HELD FIRM FOR PERIOD OF 90 DAYS.
TERM OF PAYMENT: COMPANY:
DELIVERY: SIGNATURE:
TELEPHONE NUMBER: NAME AND TITLE:
PART-II
INSTRUCTION TO BIDDERS
1.0 SOLICITATION
1.1 Review of Documents: Bidders are expected to examine all documents that make up
the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity,
inconsistency or error that they may discover upon examination of the Solicitation.
Bidders must use a complete Solicitation to prepare Bids. The City assumes no
responsibility for any errors or misrepresentations that result from the use of incomplete
Solicitations.
1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The
location and phone number for the Purchasing Division are specified in the advertisement
and in the solicitation.
2.0 EXPLANATIONS OR CLARIFICATIONS
2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of
the Solicitation must be requested in writing from the Purchasing Division with sufficient
time allowed for a written addendum to reach each Bidder before the submission of their
Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner
are not binding upon the City, and Bidders shall not rely upon such interpretations,
corrections or changes. Oral explanations or instructions given before the award of the
Contract are not binding.
2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division
at(817) 392-8440. The fax must clearly identify the Buyer's name and the Solicitation
number. Any material information given to one Bidder concerning a Solicitation will be
furnished by an Addendum to all Bidders who have been issued a Solicitation.
2.3 Unauthorized Communications: Bidders' contact regarding this Invitation to Bid (ITB)
with employees or officials of the City other than the Purchasing Manager, the Minority
and Women Business Enterprise (M/WBE) Office, or as otherwise indicated in the ITB is
prohibited and may result in disqualification from this procurement process. No officer,
employee, agent or representative of the Respondent shall have any contact or
discussion, verbal or written, with any members of the City Council, City staff or City's
consultants, or directly or indirectly through others, seek to influence any City Council
member, City staff, or City's consultants regarding any matters pertaining to this
solicitation, except as herein provided. Any violation of this prohibition may result in the
Respondent being disqualified from the procurement process. Any oral communications
are considered unofficial and non-binding with regard to this ITB.
3.0 PRE-BID CONFERENCE -No Pre-Bid Conference.
4.0 PREPARATION OF BIDS
Each Bidder must furnish all information required by a Solicitation on the documents provided.
Bids submitted on other than the forms included in the Solicitation shall be considered non-
responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in
rejection of the Bid.
4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State,
and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder
should request a Tax Exemption Certificate from the Purchasing Division. Under no
circumstances shall the City be liable to pay taxes for which the City has an exemption
under any Contract.
4.2 Brand Name or Equal: If the Solicitation indicates brand name or"equal" products are
acceptable, the Bidder may offer an"equal" product and must be prepared to
demonstrate those features that render it equal. Final determination of a product as
"equal" remains with the City.
4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar
days. Time is of the essence in any City purchase. If the indicated date cannot be met
or the date is not indicated, the Bidder shall state its best delivery time.
4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid
and Allowed. The Bidder should quote its lowest and best price, with the goods delivered
to the place specified, at the Bidder's expense and risk, and there tender delivery to the
City. Bids offering any other delivery terms are not acceptable and may be cause for
rejection.
4.5 Prices:
4.5.1 Bids shall be firm priced offers unless otherwise specified.
4.5.2 Pricing shall be entered on the Bid Sheet in ink.
4.5.3 Totals shall be entered in the"Total Price"column of the Bid Sheet.
4.5.4 In the event of a discrepancy between unit price and extended price, the unit
price shall govern.
4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal
fractions thereof).
4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature.
Any change made to the Bid must be initialed by the Bidder.
4.7 Bid Security: If a bid security is required for this purchase, the requirement will be
reflected in the"Specification" section of the bid package. Cashier's check or an
acceptable surety bond in the amount indicated in the Notice to Bidders must be
submitted at the time the bid is submitted, and is subject to forfeiture in the event the
successful bidder fails to execute the contract documents within 10 calendar days after
the contract has been awarded.
4.7.1 To be an acceptable surety on the bond:
4.7.1.1 The name of the surety shall be included on the current Department of
the Treasury's Listing of Approved Sureties (Department Circular 570); or
4.7.1.2 The surety must have capital and surplus equal 10 times the amount of
the bond. The surety must be licensed to do business in the state of
Texas.
4.8 Alternate Bids: Bidders may offer an"equal" product as an alternate bid. Final
"approved equal" determination remains with the City.
4.9 Proprietary Information:
4.9.1 All material submitted to the City becomes public property and is subject to the
Texas Open Records Act upon receipt.
4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each
page must be identified and marked proprietary at time of submittal. The City
will, to the extent allowed by law, endeavor to protect such information from
disclosure. The final decision as to information that must be disclosed lies with
the Texas Attorney General.
4.9.3 Failure to identify proprietary information will result in all unmarked sections
being deemed non-proprietary and available upon public request.
4.10 Bid Preparation Costs: All costs associated with preparing a Bid in response to a
Solicitation shall be borne by the Bidder.
4.11 Payments:All payment terms shall be"Net 30 Days" unless otherwise specified in the
bid document.
4.11.1 Successful bidders are encouraged to register for direct deposit payments prior
to providing goods and/or services using the forms posted on the City's website
at http://www.fortworthgov.org/purchasing/, click on "Automated Clearing House
Setup"
5.0 SUBMISSION OF BIDS
5.1 Bid document: Unless otherwise specified, Bidders are required to submit a signed
executed original and one scanned copy in flash drive. Bids must be submitted in a
sealed envelope with the bid number written on the outside of the envelope.
5.2 Documents required with Bid: The following documents must be submitted with each
Bid prior to the Due Date:
5.2.1 The completed and signed first page of this document;
5.2.2 The Price Offer in Bid Solicitation Sheet(s); and
5.2.3 Any other document included in the Solicitation requiring completion or execution
by the Bidder.
5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and returning the
Addendum with the Bid if requested or under separate cover prior to the Due Date and
Time. Addenda containing bid pricing should be returned in a sealed envelope marked
on the outside with the Bidder's name, address, the Solicitation number, and the Due
Date and time.
5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and
Time. All Bids received after the Due Date and Time are considered late and will be
returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the
Purchasing Division is the time of record. It is the sole responsibility of the Bidder to
ensure timely delivery of the Bid to the Purchasing Division. The City will not be
responsible for failure of service on the part of the U.S. Postal Office, courier companies,
or any other form of delivery service chosen by the Bidder. Bids delivered to a City
location other than the Purchasing Division will not be considered. The Bid must be
received by the Purchasing Division and stamped before deadline to be considered.
6.0 MODIFICATION OR WITHDRAWAL OF BIDS
6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date.
6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the
facsimile is signed by the Bidder) at any time prior to the Due Date. A Bid may also be
withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date.
A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after
the Due Date without forfeiture of the Bid guarantee, unless there is a material error in
the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the
Due Date. The City may require proof of agency from the person withdrawing a bid.
7.0 OPENING OF BIDS
The Purchasing Division representative responsible for opening Bids shall personally and publicly
open all Bids timely received, reading each bid aloud.
8.0 EVALUATION FACTORS AND AWARD
8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless
otherwise specified). However, the City may evaluate and award the Contract for any
item or group of items shown on the Solicitation, or any combination deemed most
advantageous to the City. Bids that specify an "all or none" award may be considered if a
single award is advantageous.
8.2 Award. The Method of Award is detailed in Section 19 in Part III Scope of
Services/Specifications
8.3 Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order or a
Contract. Subsequent purchase releases may be issued as appropriate. The contents of
a Bid shall become a part of the Contract. Under no circumstances will the City be
responsible for Goods or Services provided without an acceptance signed by an
Authorized City Representative.
8.4 Reservations: The City expressly reserves the right to:
8.4.1 Specify approximate quantities in the Solicitation;
8.4.2 Extend the Solicitation opening date and time;
8.4.3 Consider and accept alternate Bids, if specified in the Solicitation, when most
advantageous to the City;
8.4.4 Waive as an informality, minor deviations from specifications provided they do
not affect competition or result in functionally unacceptable goods or services;
8.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor
informality is one that does not affect the competitiveness of the Bidder),-
8.4.6
idder);8.4.6 Add additional terms or modify existing terms in the Solicitation;
8.4.7 Reject a bid because of unbalanced unit prices bid;
8.4.8 Reject or cancel any or all Bids;
8.4.9 Reissue a Solicitation;
8.4.10 Procure any item by other means; and/or
8.4.11 Award to multiple Contractors on a non-exclusive award basis, or primary and
secondary Contractors.
9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS
9.1 Certificates of Insurance: When insurance is required, the successful Bidder must
provide Certificates of Insurance in the amounts and for the coverages required to the
Purchasing Office within 14 calendar days after notification of award, or as otherwise
required by the Solicitation.
9.2 Payment and/or Performance Bonds:When Payment and/or Performance Bonds are
required, the successful Bidder must provide the bonds, in the amounts and on the
conditions required, within 14 calendar days after notification of award, or as otherwise
required by the Solicitation.
9.3 Minority Business Enterprise (MBE) Documents: If an MBE goal has been established
for the bid, the applicable documents must be submitted by all bidders wishing to
continue in the bid evaluation process within two(2) City business days after the bid
opening date, exclusive of the bid opening date, to the City location specified in the bid.
Bidders shall obtain a receipt from the appropriate department as evidence that the City
received the documentation.
9.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be
approved by the City Council before execution, the successful bidder is required to
complete the Certificate of Interested Parties Form 1295 and submit the form to the
Purchasing contact listed in the solicitation before the purchase/contract will be presented
to the City Council. The form may be completed at
httos://www.ethics.state.tx.us/whatsnew/elf info form1295.htm.
10.0 PROTEST PROCEDURE
10.1 Contractors who respond to Invitations to Bid have the right to protest the solicitation
process or the bid award if they believe that there has been any impropriety or unfair
criteria in the process.
10.2 The Contractor must submit any protest in writing to the Purchasing Manager within 14
days after the Contractor knows, or should have known, of the facts relating to the
proposed action or award.
10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a
purchasing action through telephone discussions, mail, email or in person meetings with
the protesting Contractor.
10.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision
in writing, state the reasons for the action taken and inform the protesting Contractor of
the right to review by a panel made up of City staff.
10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of
the operating department, the Purchasing Manager and any other appropriate personnel
or employees of the operating department.
10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which
the Contractor does not agree, the protesting Contractor will be invited to attend the City
Council meeting at which the recommended award is to be presented to the City Council
and make known his/her concerns. The protesting Contractor will be instructed to arrive
prior to the start of the City Council meeting and complete a card requesting to speak
concerning the particular Mayor and Council Communication document(M&C) in
question.
10.6.1 Contractors wishing to speak before the City Council should review the rules for
registering to appear before City Council located at:
httg://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's
website.
11.0 COOPERATIVE PURCHASING
11.1 Should other governmental entities decide to participate in this contract, bidder, shall
indicate in their proposals whether they agree that all terms, conditions, specification, and
pricing would apply.
11.2 If the successful bidder agrees to extend the resulting contract to other governmental
entities, the following shall apply: Governmental entities within utilizing Contracts with the
City of Fort Worth shall be eligible, but not obligated, to purchase material/services under
this contract(s) awarded as a result of this solicitation. All purchases by governmental
entities other than the City of Fort Worth shall be billed directly to that governmental
entity and paid by that governmental entity. The City of Fort Worth shall not be
responsible for another governmental entity's debts. Each governmental entity shall
order its own material/services as needed
PART-III
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to finalize non-exclusive Purchase Agreements
for Pump and Hose Rental as described herein on an"as needed" basis for the Water
Department. The successful bidder, known hereafter as "Contractor(s)".
1.2 This Agreement shall begin on the date stated in Purchase Order("Effective Date") and
shall expire on 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 renew automatically under the same terms and conditions for up to
four(4)one-year renewal periods (October 1 to September 30) and for a fifth renewal
period which shall expire on completion of total five year duration, unless City or
Contractor 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.
1.3 Following the award, additional services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the
Agreement, may be added based on the discount bid and price sheet provided with the
bid.
1.4 Unit prices shall include all costs associated with the specified goods and services,
including but not limited to handling, delivery, fuel charges, fees and certifications fees.
No additional charges will be accepted or paid by the City.
1.5 All items supplied resulting from this bid shall be of recent production, unused, and
suitable for their intended purpose.
1.6 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS
The Contractor hereby agrees to provide the City with requirements attached hereto and
incorporated for all purposes incident to this Agreement in Attachment "G", Scope of
Services/Specifications, more specifically describing the services to be provided hereunder.
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP
3.1 The Contractor shall notify the City's Purchasing Manager, in writing, of a company
name, ownership, or address change for the purpose of maintaining updated City
records. The president of the company or authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with
supporting legal documentation such as an updated W-9, documents filed with the state
indicating such change, copy of the board of director's resolution approving the action, or
an executed merger or acquisition agreement. Failure to do so may adversely impact
future invoice payments.
4.0 LAWS, REGULATIONS, AND ORDINANCES
4.1 The Contractor shall be responsible for meeting all Federal: laws, ordinances and
regulations; State: laws, ordinance and regulations; County: laws, ordinances and
regulations; and City: laws, ordinances, and regulations for safety of people,
environment, and property. This includes, but is not limited to, all Federal, State, County,
and City Agencies, Administrations and Commissions such as the Environmental
Protection Agency(EPA), Occupational Safety and Health Administration (OSHA), and
the Texas Commission on Environmental Quality(TCEQ). In the event any law,
regulation or ordinance becomes effective after the start of this Agreement, the
Contractor is required to comply with new policy.Any mandates requiring the City to
comply with new guidelines will also require the Contractor to comply.
5.0 INVOICING REQUIREMENTS
5.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Contractor to get the name of the responsible person, telephone
numbers and address of the department's division at the time the service is requested.
5.2 A properly prepared invoice shall be typewritten or computer printed and shall include the
Contractor's name, number and federal tax identification number, invoice number,
address, date, service or item description, unit price, extended cost, and City issued
purchase order number. Incomplete or inaccurate invoices may result in delayed
payments, as they shall be returned to the Contractor for correction and re-submittal.
6.0 UNIT PRICE ADJUSTMENT
6.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during
the renewal period but before the effective date of the renewal upon written request from
the Contractor.
6.2 The Contractor must submit its price adjustment request, in writing, at least 60 days
before the renewal effective period. The Contractor shall provide written proof of cost
increases with price adjustment request.
6.3 If the City concludes that the rate increase being requested is exorbitant, the City
reserves the right to adjust the rate request, or reject the rate request in its 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.
6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
6.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors
in extensions or totals, the unit prices offered will govern.
6.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the
city to re-bid an agreement, not to exceed ninety(90)days. Contractor will be reimbursed
for this service at the prior agreement rate(s). Contractor shall remain obligated to the
City under all clauses of this Agreement that expressly or by their nature extends beyond
and survives the expiration or termination of this Agreement.
6.7 Goods and/or services shall not be suspended by the Contractor without a 30 day prior
written notice to the City.
7.0 QUANTITIES
7.1 The quantities listed on the bid solicitation are only estimates based on previous usage
and do not indicate intent to purchase or a guarantee of future business. The City of Fort
Worth is obligated to pay for only those materials and services actually ordered by an
authorized City employee and then received as required and accepted by the City.
8.0 INSURANCE REQUIREMENTS
8.1 The Contractor shall assume all risk and liability for accidents and damages that may
occur to persons or property during the prosecution of work under this Agreement. The
Contractor shall file with the City of Fort Worth Purchasing Division, prior to the
commencement of services, a certificate of insurance documenting the following required
insurance.
8.1.1 Failure to provide such information within five(5) calendar days may be grounds
for Agreement termination.
8.2 Policies shall have no exclusions by endorsements which nullify the required lines of
coverage, nor decrease the limits of said coverage unless such endorsements are
approved by the City. In the event a contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the Contractor to obtain such coverage, the contract price
shall be adjusted by the cost of the premium for such additional coverage plus 10%.
8.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance
at the following limits:
$100,000 Each Accident
$500,000 Disease—Policy limit
$100,000 Disease—Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers' Compensation Act(Art.
8308— 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee.
8.2.2 Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the following: premises/operations,
independent 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.
8.2.3 Auto Liability Insurance shall be provided as follows:
$1,000,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned.
8.2.4 The Contractor shall furnish the Purchasing Manager, with a certificate of
insurance documenting the required insurance prior to the commencement of
services.
8.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty-(30)day
notice of cancellation, material change in coverage, or non-renewal of coverage.
8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an
additional insured, as its interests may appear(ATIMA).
9.0 ADDITIONAL INSURANCE REQUIREMENTS
9.1 The City, its officers, employees and servants shall be endorsed as an additional insured
on Contractor's insurance policies excepting employer's liability insurance coverage
under Contractor's workers' compensation insurance policy.
9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit
must be received before Contractor can begin work. Failure to supply and maintain such
insurance shall be a breach of contract. Contractor shall provide complete copies of all
insurance policies required by this Agreement. Certificates of insurance must be supplied
to:
Financial Management Services Department
Attention: Purchasing Division Bid#18-0443
200 Texas Street, Fort Worth, Texas 76102
9.3 Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance policy
shall be endorsed to provide the City a minimum 30 day notice of cancellation, non-
renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall
be acceptable in the event of non-payment of premium.
9.4 Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of A: VII or equivalent measure of financial strength and solvency.
9.5 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
9.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
9.7 Workers'compensation insurance policy(s)covering employees of the Contractor shall
be endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
9.8 City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
9.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery.
9.10 While the purchase order is in effect, Contractor shall report, in a timely manner, to the
Purchasing Department any known loss occurrence that could give rise to a liability claim
or lawsuit or which could result in a property loss.
9.11 Contractor's liability shall not be limited to the specified amounts of insurance required
herein.
10.0 PERFORMANCE
10.1 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
Contractor's obligation with respect to such performance shall continue in full force and
effect.
11.0 COMPLAINTS
11.1 Complaints processed through the City Purchasing Division are to be corrected within
fourteen (14) days of formal notice of complaint. Written response to the Purchasing
Division is required. Failure to properly resolve complaints within the fourteen (14)
calendar day time period may result in the cancellation of the applicable line item(s) in the
price agreement.
12.0 SUBCONTRACTING
12.1 No subcontracting of the work under this Agreement will be allowed without written
permission from the City.
13.0 DELIVERY
13.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the
unit price. The person placing the order will provide delivery and billing information. No
additional charges for expenses, freight, mileage, time, or similar items will be accepted
or paid by the City.
13.2 There may be instances when the Contractor may be asked to accelerate delivery of an
order(s) due to extenuating circumstances. When this occurs, the Contractor will be
expected to provide this service at no additional cost.
13.3 In the event the Contractor is unable to meet the original delivery date(s), the City must
be contacted immediately, but prior to the due date, and seek an extension of delivery
time. Failure to comply with the delivery terms may be legal grounds for canceling an
order(s), or the entire Agreement in accordance with the Termination Clause shown
elsewhere in the solicitation.
13.4 Delivery tickets must include the City's Blanket Order Number and the ordering
department's Release Number.
13.5 Delivered items that are determined to be defective or not meeting bid specifications shall
be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to
the City. If the item (s)are not picked up within one(1)week after notification, the item
shall become a donation to the City for disposition.
13.6 Material Safety Data Sheets
13.6.1 A Material Safety Data Sheet(MSDS)for each toxic or hazardous substance or
mixture containing such substance, pursuant to Revised Statutes Annotated
(RSA) Chapter 277-A(277-A), shall accompany each delivery. Delivery of toxic
or hazardous substance or mixtures containing such substance without MSDS
sheets shall not be accepted. Delivered containers shall be properly labeled
pursuant to RSA 277-A.
13.6.2 Failure to submit the required MSDS sheets and/or label each container in
accordance with RSA 277-A, shall place the Contractor in non-compliance and
shall result in civil or criminal penalties. The Contractor furnishing substances or
mixtures subject to RSA 277-A, is responsible for adhering to and being in
compliance with this law. Failure to comply with RSA 277-A, shall result in the
cancellation of an order.
14.0 WARRANTY
14.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the
following:
14.1.1 In addition to any other warranties in this contract, the Contractor warrants that
all work and products supplied under this agreement conforms to the agreement
requirements and is free from any defect in workmanship, equipment, material, or
design furnished by the Contractor or any supplier at any tier.
14.1.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without
additional cost to the City of Fort Worth, any and all defective work and products.
The City defines"prompt" repair or replacement to be within twenty-four(24)
hours after notification by authorized City personnel.
14.1.3 This warranty shall continue for a period of 90 days from date of acceptance of
products and work by the City.
14.1.4 The Contractor shall remedy at the Contractor's expense any non-conforming or
defective products or work. In addition, the Contractor shall remedy at
Contractor's expense any damage to real or personal property owned by the City
of Fort Worth, when that damage is the result of a defect of products furnished.
14.1.5 The Contractor's warranty with respect to products repaired or replaced will run
for 90 days from date of installation and acceptance of such by the City.
14.1.6 The City of Fort Worth shall notify the Contractor, within a reasonable time after
the discovery of any failure, defect, or damage.
14.1.7 If the Contractor fails to remedy any failure, defect, or damage within a
reasonable time after receipt of notice, the City of Fort Worth shall have the right
to replace, repair, or otherwise remedy the failure, defect, or damage at the
Contractor's expense.
14.1.8 This warranty shall not include failures attributable to accident, fire, or negligence
on the part of City personnel.
14.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for
work performed and materials furnished under this contract, the Contractor shall:
14.2.1 Obtain all warranties that would be obtained in normal commercial practice;
14.2.2 Enforce all warranties for the benefit of the City of Fort Worth.
15.0 SAFETY
15.1 The Contractor shall be responsible for meeting all Federal: laws, ordinances and
regulations; State: laws, ordinance and regulations; County: laws, ordinances and
regulations; and City: laws, ordinances, and regulations for safety of people,
environment, and property. This includes, but is not limited to, all licenses, all Federal,
State, County, and City Agencies, Administrations and Commissions such as the
Environmental Protection Agency(EPA), Occupational Safety and Health Administration
(OSHA), and the Texas Commission on Environmental Quality (TCEQ).
16.0 HAZARDOUS CONDITIONS
16.1 The Contractor is required to notify the City immediately of any hazardous conditions
and/or damage to City property.
17.0 CONTRACT ADMINISTRATION
17.1 Contract administration will be performed by the City Department. In the event the
Contractor fails to perform according to the terms of the agreement, The Department
head or his/her designee will notify the Contractor, in writing, of its failures. A meeting
may be arranged to discuss the Contractor's deficiencies. A written cure notice may be
prepared giving the Contractor 14 calendar days to cure any deficiency.
17.2 In the event the Contractor 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 Contractor may be held liable for
excess cost and/or liquidated damages.
17.3 The Contractor will be paid only those sums due and owing under the agreement for
services satisfactorily rendered, subject to offset for damages and other amounts which
are, or which may become, due and owing to the City.
17.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Contractor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and
subContractors to cease work. Subject to the terms of this agreement, the Contractor
shall be paid a percentage of the agreement price reflecting the percentage of the work
performed prior to the notice of termination, plus reasonable charges the Contractor can
demonstrate to the 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 Contractor exceed the agreement price. The Contractor shall not be reimbursed for
any profits which may have been anticipated, but which have not been earned up to the
date of termination.
18.0 BIDDERS QUALIFICATIONS
18.1 The following information must be submitted as part of the bid package and shall be
supplied in the following order:
18.1.1 Bidder's background, services provided and number of years in business.
18.1.2 Bidders shall provide evidence that they are duly qualified and capable to fulfill
and abide by the requirements listed herein with the bid. The bidder shall
demonstrate its ability to secure and perform the services within the delivery
requirements specified herein.
18.1.3 In order to receive bid award consideration, the bidder shall maintain sufficient
resources to fulfill normal City of Fort Worth requirements.
18.1.4 Bidders shall provide a reference list of a minimum of three(3) current customers
(comparable in size)who the bidder has recently supplied subject item(s) on a
continuing basis over a recent twelve(12) month period.
19.0 METHOD OF AWARD
19.1 Bids will be evaluated based on the lowest responsive and responsible bidder complying
with all of the provisions of the solicitation, provided the bid price is reasonable, and it is
in the best interest of the City to accept it.
19.1.1 A responsive bidder is defined to be one who submits a completed bid packet
within the stated time deadline and in accordance with the bid specification.
19.1.2 A responsible bidder is defined to be one who demonstrates via responses to the
selection criteria his/her ability to successfully deliver the supplies, equipment, or
services being procured.
19.1.3 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.
19.1.4 The City reserves the right to accept or reject in whole or in part any or all bids
received and to make an award on the basis of individual item, combination of
items, or overall bid, as it is deemed in the best interest of the City.
19.1.5 The City also reserves the right to reject the bid of a bidder who has previously
failed to perform properly or complete on time agreements of a similar nature.
19.1.6 Tentative Schedule of Events:
ITB Release Date August 14, 2018
Deadline for Questions August 20, 2018 at 5:00 PM (Local
Time) (Buyer must leave 5:OOPM)
Answers Posted August 23, 2018
ITB Due Date August 30, 2018 by 1:30 PM (Local
Time)
Recommended Contractor Selection September 1, 2018
Mayor and Council Consideration September 25, 2018
20.0 BIDS
20.1 Bidders shall submit the following items with their bid:
20.1.1 A completed and signed original Invitation to Bid (ITB) form;
20.1.2 A completed and signed original Bid Solicitation form;
20.1.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A;
20.1.4 A completed Bidder's Contact Information Form,Attachment B;
20.1.5 A completed Consideration of Location of Bidder's Principal Place of Business,
Attachment C, if applicable;
20.1.6 A completed Reference Sheet, Attachment D;
20.1.7 All items listed in Section 18.0, Bidder Qualifications;
20.1.8 Scanned copy of all documents listed in paragraph 20.1 in flash drive.
20.2 Failure to submit the items listed in paragraph 20.1 may be grounds for rejection of a bid
as non-responsive to the specifications.
21.0 QUESTIONS
21.1 Questions, explanations or clarifications desired by a Contractor regarding any part of the
bid must be requested in writing from the Purchasing Division by 5:00 PM on August 20,
2018. Interpretations, corrections or changes to the bid made in any other manner are
not binding upon the City, and Contractors shall not rely on such interpretations,
corrections or changes. Oral explanations or instructions given before the award of the
Agreement are not binding.
21.2 IN ORDER FOR THE QUESTION TO BE ANSWERED, ALL QUESTIONS MUST BE
HAND DELIVERED OR SENT BY E-MAIL TO THE ADDRESS BELOW OR FAXED TO
THE TELEPHONE NUMBER BELOW AND MUST BE IDENTIFIED AS LISTED
BELOW:
21.2.1 Hand Delivery must be submitted to the Purchasing
21.2.2 Email questions to: FMSPurchasingResponses(cDfortworthtexas.gov
Please include the bid number, name of the bid and (Jane Rogers, Buyer) in the
subject line.
Please note, if an e-mail confirming receipt of your e-mail is not received within 1
business day, please contact City of Fort Worth Purchasing at 817-392-2462.
21.2.3 Facsimile: (817) 392-8440, Attention: Jane Rogers and Bid NO. 18-0443
PART -IV
CITY OF FORT WORTH
STANDARD PURCHASING TERMS AND CONDITIONS
1.0 DEFINITION OF BUYER
The City of Fort Worth, its officers, agents, servants, authorized employees, Contractors and
subContractors who act on behalf of various City departments, bodies or agencies.
2.0 DEFINITION OF SELLER
The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services,
its officers, agents, servants, employees, Contractors and subContractors who act on behalf of
the entity under a contract with the City of Fort Worth.
3.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth (the "City") may be requested by a member
of the public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§
552.002, 552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary
information, the Seller listed in the request will be notified and given an opportunity to make
arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller
believes that its information may not lawfully be released. If Seller does not make arguments or
the AG rejects the arguments Seller makes, Seller's information will be released without penalty
to the City.
4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,
materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee found
guilty thereof shall thereby forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the City Council
shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII,
Section 16, City of Fort Worth Charter)
5.0 ORDERS
5.1 No employees of the Buyer or its officers, agents, servants, Contractors or
subContractors who act on behalf of various City departments, bodies or agencies
are authorized to place orders for goods and/or services without providing approved
contract numbers, purchase order numbers, or release numbers issued by the Buyer.
The only exceptions are Purchasing Card orders and emergencies pursuant to Texas
Local Government Code Section 252.022(a)(1), (2), or (3). In the case of
emergencies, the Buyer's Purchasing Division will place such orders.
5.2 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer
may result in rejection of delivery, return of goods at the Seller's cost and/or non-
payment.
6.0 SELLER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice. Each shipping
container, shall be clearly and permanently marked as follows: (a) Seller's name and address.-
(b)
ddress:(b) Consignee's name, address and purchase order or purchase change order number; (c)
Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the
container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise
provided. Goods shall be suitably packed to secure lowest transportation costs and to conform
to requirements of common carriers and any applicable specifications. Buyer's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
7.0 SHIPMENT UNDER RESERVATION PROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will
operate as a tender of goods.
8.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives
and takes possession of the goods at the point or points of delivery after inspection and
acceptance of the goods.
9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES
Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms
are specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for
transportation costs in the amount specified in Seller's proposals or actual costs, whichever is
lower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall
have the right to designate what method of transportation shall be used to ship the goods.
10.0 PLACE OF DELIVERY
The place of delivery shall be set forth in the "Ship to" block of the purchase order,
purchase change order, or release order.
11.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
12.0 INVOICES
12.1 Seller shall submit separate invoices in duplicate, on each purchase order or
purchase change order after each delivery. Invoices shall indicate the purchase order
or purchase change order number. Invoices shall be itemized and transportation
charges, if any, shall be listed separately. A copy of the bill of lading and the freight
waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver
invoices to Buyer's Department and address as set forth in the block of the purchase
order, purchase change order or release order entitled "Ship to." Payment shall not
be made until the above instruments have been submitted after delivery and
acceptance of the goods and/or services.
12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The
Buyer shall furnish a tax exemption certificate upon Seller's request.
13.0 PRICE WARRANTY
13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which
Seller warrants to be no higher than Seller's current prices on orders by others for
products and services of the kind and specification covered by this agreement for
similar quantities under like conditions and methods of purchase. In the event Seller
breaches this warranty, the prices of the items shall be reduced to the prices
contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall
have the right to cancel this contract without any liability to Seller for breach or for
Seller's actual expense. Such remedies are in addition to and not in lieu of any other
remedies which Buyer may have in law or equity.
13.2 Seller warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for commission,
percentage, brokerage or contingent fee, excepting employees of an established
commercial or selling agency that is maintained by Seller for the purpose of securing
business. For breach or violation of this warranty, Buyer shall have the right, in addition
to any other right or rights arising pursuant to said purchase(s), to cancel this contract
without liability and to deduct from the contract price such commission percentage,
brokerage or contingent fee, or otherwise to recover the full amount thereof.
14.0 PRODUCT WARRANTY
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will
conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation,
and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's
specifications, drawings, and descriptions, Buyer's specifications shall govern.
15.0 SAFETY WARRANTY
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise in accordance
with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute
breach and cause this contract to terminate immediately.
16.0 SOFTWARE LICENSE TO SELLER
If this purchase is for the license of software products and/or services, and unless
otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive,
nontransferable, royalty free license to use the software. This software is "proprietary" to Seller,
and is licensed and provided to the Buyer for its sole use for purposes under this Agreement
and any attached work orders or invoices. The City may not use or share this software without
permission of the Seller; however Buyer may make copies of the software expressly for backup
purposes.
17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished
hereunder, including but not limited to: programs, documentation, software,
analyses, applications, methods, ways, and processes (in this Section each
individually referred to as a "Deliverable" and collectively as the "Deliverables,")
do not infringe upon or violate any patent, copyrights, trademarks, service
marks, trade secrets, or any intellectual property rights or other third party
proprietary rights, in the performance of services under this Agreement.
17.2 SELLER shall be liable and responsible for any and all claims made against the
City for infringement of any patent, copyright, trademark, service mark, trade
secret, or other intellectual property rights by the use of or supplying of any
Deliverable(s) in the course of performance or completion of, or in any way
connected with providing the services, or the City's continued use of the
Deliverable(s) hereunder.
17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and
expense, including the payment of attorney's fees, any claim or action against
the City for infringement of any patent, copyright, trade mark, service mark,
trade secret, or other intellectual property right arising from City's use of the
Deliverable(s), or any part thereof, in accordance with this Agreement, it being
understood that this agreement to indemnify, defend, settle or pay shall not apply
if the City modifies or misuses the Deliverable(s). So long as SELLER bears the
cost and expense of payment for claims or actions against the City pursuant to
this section 8, SELLER shall have the right to conduct the defense of any
such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however,City shall have the right to fully
participate in any and all such settlement, negotiations, or lawsuit as necessary
to protect the City's interest, and City agrees to cooperate with SELLER in doing
so. In the event City,for whatever reason, assumes the responsibility for payment
of costs and expenses for any claim or action brought against the City for
infringement arising under this Agreement, the City shall have the sole right to
conduct the defense of any such claim or action and all negotiations for its
settlement or compromise and to settle or compromise any such claim;
however, SELLER shall fully participate and cooperate with the City in defense
of such claim or action. City agrees to give SELLER timely written notice of any
such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, the City's assumption of payment of costs or
expenses shall not eliminate SELLER's duty to indemnify the City under this
Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the
use thereof is enjoined or restrained or, if as a result of a settlement or
compromise, such use is materially adversely restricted, SELLER shall, at its own
expense and as City's sole remedy, either: (a) procure for City the right to
continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make
them/it non-infringing, provided that such modification does not
materially adversely affect City's authorized use of the Deliverable(s); or
(c) replace the Deliverable(s)with equally suitable, compatible, and functionally
equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if
none of the foregoing alternatives is reasonably available to SELLER, terminate
this Agreement, and refund all amounts paid to SELLER by the City,
subsequent to which termination City may seek any and all remedies available to
City under law.
18.0 OWNERSHIP OF WORK PRODUCT
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas,
processes, methods, programs, and manuals that were developed, prepared, conceived, made or
suggested by the Seller for the City pursuant to a Work Order, including all such developments as
are originated or conceived during the term of the Contract and that are completed or reduced to
writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may be
considered "work(s) made for hire" and will be and remain the exclusive property of the City. To
the extent that the Work Product, under applicable law, may not be considered work(s) made for
hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns
exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may
have in any Work Product or any tangible media embodying such Work Product, without the
necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own
name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of
its Contractors hereby waives any property interest in such Work Product.
19.0 NETWORK ACCESS
The City owns and operates a computing environment and network (collectively the"Network"). If
Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other
network application, Seller shall separately execute the City's Network Access Agreement prior to
providing such services. A copy of the City's standard Network Access Agreement can be
provided upon request.
20.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of
Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which
Buyer may have in law or equity.
21.0 TERMINATION
The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of
Termination" specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
22.0 ASSIGNMENT/DELEGATION
No interest, obligation or right of Seller, including the right to receive payment, under this contract
shall be assigned or delegated to another entity without the express written consent of Buyer. Any
attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all
purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller
agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by
Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights,
interests, or obligations to another entity. The documents that may be requested include, but are
not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form
W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to
any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to
provide necessary information in accordance with this section, Buyer shall not be liable for any
penalties, fees or interest resulting therefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
24.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both parties.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with
any applicable proposal documents published by the Buyer and Seller's Response to such
proposal (the "contract documents"). This Agreement is intended by the parties as a final
expression of their agreement and is intended also as a complete and exclusive statement of the
terms of their agreement. No course of prior dealings between the parties and no usage of trade
shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or
acquiescence in a course of performance under this Agreement shall not be relevant to determine
the meaning of this Agreement even though the accepting or acquiescing party has knowledge of
the performance and opportunity for objection. Whenever a term defined by the Uniform
Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall
control. In the event of a conflict between the contract documents, the order of precedence shall
be these Standard Terms and Conditions, the Buyer's published proposal documents and the
Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall
not apply.
26.0 APPLICABLE LAW/VENUE
This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform
Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract
shall be governed, construed and enforced under the laws of the State of Texas.
27.0 INDEPENDENT CONTRACTOR(S)
Seller shall operate hereunder as an independent Contractor(s) and not as an officer, agent,
servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to
control, the details of its operations hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees, Contractors and
sub- Contractors. The doctrine of respondeat superior shall not apply as between Buyer and
Seller, its officers, agents, employees, Contractors and subContractors. Nothing herein shall be
construed as creating a partnership or joint enterprise between Buyer and Seller, its officers,
agents, employees, Contractors and subContractors.
28.0 LIABILITY AND INDEMNIFICATION.
28.1 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY
THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
28.2 INDEMNIFICATION -SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS BUYER), ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING
LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY
INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS
OFFICERS, AGENTS, SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES.
29.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason,
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
30.0 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract, then Buyer will immediately notify Seiler of such
occurrence and this contract shall be terminated on the last day of the fiscal period for which
funds have been appropriated without penalty or expense to Buyer of any kind whatsoever,
except to the portions of annual payments herein agreed upon for which funds shall have been
appropriated and budgeted or are otherwise available.
31.0 NOTICES TO PARTIES
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined
to have been delivered three (3) business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attached, addressed to
Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth,
Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three
(3) business days following the day such notice is deposited in the United States mail, in a
sealed envelope with sufficient postage attached, addressed to the address given by Seller in
its response to Buyer's invitation to proposals. Or if sent via express courier or hand
delivery, notice is considered received upon delivery.
32.0 NON-DISCRIMINATION
This contract is made and entered into with reference specifically to Chapter 17, Article III,
Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as
amended, and Seller hereby covenants and agrees that Seller, its employees, officers,
agents, Contractors or subContractors, have fully complied with all provisions of same and
that no employee, participant, applicant, Contractor(s)or subContractor(s)has been
discriminated against according to the terms of such Ordinance by Seller, its employees,
officers, agents, Contractor(s)or subContractors herein.
33.0 IMMIGRATION NATIONALITY ACT
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Contractor
shall verify the identity and employment eligibility of all employees who perform work under this
Agreement. Contractor shall complete the Employment Eligibility Verification Form (1-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees,
and upon request, provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Contractor shall
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Contractor shall provide City with a
certification letter that it has complied with the verification requirements required by this
Agreement. Contractor shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Contractor.
34.0 HEALTH, SAFETY, AND ENVIRONMENTAL REQUIREMENTS
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall
have the right to immediately terminate this Agreement for violations of this provision by Seller.
35.0 RIGHT TO AUDIT
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration
of three (3) years after final payment under this contract, and at no additional cost to Buyer,
have access to and the right to examine and copy any directly pertinent books, computer disks,
digital files, documents, papers and records of the Seller involving transactions relating to this
contract, including any and all records maintained pursuant to Section 31 of this Agreement.
Seller agrees that the Buyer shall have access, during normal working hours, to all necessary
Seller facilities, and shall be provided adequate and appropriate workspace, in order to conduct
audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable
costs of any copying in accordance with the standards set forth in the Texas Administrative
Code. The Buyer shall give Seller reasonable advance written notice of intended audits, but
no less than ten (10) business days.
36.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller
warrants that it and any and all of its subContractors will not unlawfully discriminate on the basis
of disability in the provision of services to general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with, or employees of Seller or any of
its subContractors. Seller warrants it will fully comply with ADA's provisions and any other
applicable federal, state and local laws concerning disability and will defend, indemnify and hold
Buyer harmless against any claims or allegations asserted by third parties or subContractors
against Buyer arising out of Seller's and/or its subContractor's alleged failure to comply with the
above-referenced laws concerning disability discrimination in the performance of this
agreement.
37.0 DISPUTE RESOLUTION
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations, services rendered or any warranty that arises under this Agreement, the parties
shall first attempt to resolve the matter through this dispute resolution process. The disputing
party shall notify the other party in writing as soon as practicable after discovering the claim,
dispute, or breach. The notice shall state the nature of the dispute and list the party's specific
reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties
shall make a good faith effort, either through email, mail, phone conference, in person meetings,
or other reasonable means to resolve any claim, dispute, breach or other matter in question that
may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute
within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may
submit the matter to non-binding mediation upon written consent of authorized representatives
of both parties in accordance with the Industry Arbitration Rules of the American Arbitration
Association or other applicable rules governing mediation then in effect. If the parties cannot
resolve the dispute through mediation, then either party shall have the right to exercise any and
all remedies available under law regarding the dispute.
38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City
is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By
signing this contract,Seller certifies that Seller's signature provides written verification to the
City that Seller: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the contract.
Revised August 31, 2017.
PART—V
ATTACHMENTS
ATTACHMENT-A
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts
or seeks to contract for the sale or purchase of property, goods, or services with a local governmental
entity(i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire")the
person's affiliation or business relationship that might cause a conflict of interest with the local
governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later
than seven days after the date the person begins contract discussions or negotiations with the City, or
submits an application or response to a request for proposals or bids, correspondence, or another writing
related to a potential Agreement with the City. Updated Questionnaires must be filed in conformance with
Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also
available at http://www.ethics.state.tx.us/forms/ClQ.pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form.
However, a signature is required in the#4 box in all cases.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the taw by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code, Date RG-eived
by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local
governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filedwith the records administrator of the local governmental
entity not later than the 7th business day after the date the vendor becomes aware of facts
that require the statement to be filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006. Local
Government Code.An offense under this section is a misdemeanor.
-!j Name of vendor who has a business relationship with local governmental entity.
2 Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date on which you became aware that the originally filed questionnaire was
incomplete or inaccurate.)
3
Name of local government officer about whom the Information In this section Is being disclosed.
Name of Officer
This section (item 3 including subparts A. B, C, 8 D) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIO as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the vendor?
Yes � No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local
government officer named in this section AND the taxable income is not received from the local governmental entity?
Yes F-1 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership interest of one percent or more?
Yes F7No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
Signature of vendor doing business with the governmental entibj Date
Adopted 83,12015
ATTACHMENT -B
BIDDER'S CONTACT INFORMATION
Bidder's Name:
Bidder's Local Address:
Phone: Fax:
Email:
Name of person assigned specifically for this Agreement:
Name/Title
Phone: Fax:
Email:
Name of persons for renewal information and/or billing questions:
Name/Title
Phone: Fax:
Email:
Name/Title
Phone: Fax:
Email:
Signature Printed Name Date
ATTACHMENT-C
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids, to enter into a contract for certain purchases with a bidder whose
principal place of business is in the corporate limits of the City of Fort Worth and whose bid is
within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or
services requested, if the lowest bid is from a business outside the municipality and contracting
with the local bidder would provide the best combination of price and other economic benefits to
the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the
bid or request package.
The Fort Worth City Council requires the following information for consideration of location of a bidder's
principal place of business. Add additional sheets if needed to provide this information.
1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas.
a. Do you have a Fort Worth office? If yes, identify address:
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed
50%]
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees?
b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by
company (for prior tax year—Fort Worth office or former location, if Fort Worth office is newly-
established)?
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the
date hereof, under penalty of perjury.
(Company Name) (Date)
(Signature) (Printed Name and Title )
ATTACHMENT-D
REFERENCE SHEET
Please complete and return this form with your bid.
The bidder shall furnish references for at least three (3) recent customers to whom products and/or
services have been provided that are similar to those required by this solicitation. The City will be the sole
judge of references. Please use additional sheets.
1. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number( )
Email
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number( )
Email
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number( )
Email
ATTACHMENT- E
HOW TO REGISTER WITH THE CITY OF FORT WORTH
■ Visit FORTWORTHTEXAS.GOV
■ Scroll to the purple section at bottom of page
■ Under Business, click Contractors
■ Click Register as a Contractor(right side under BuySpeed Online)
■ After reading, click Next step
■ Review Contractor Terms &Conditions
■ Agree to the terms and click Next Page
■ Click Register
■ Enter your Tax ID#(or Social Security Number), Company Name, Country and Email Address;
click Submit. The company name entered MUST be the same as the invoice you would present
for payment to the City of Fort Worth.
■ Complete all required information under each tab; be sure to Save&Continue at the bottom of
your screen before proceeding to the next tab.
o Categories&Certifications tab—a current W9 form is required before your Contractor
account can be activated. Don't forget to fax or email to
purchasingbso(a)fortworthtexas.pov or(817) 392-1982!!
o Summary tab—Verify that all information is accurate and there are no RED Validation
Errors at the top of your screen. If you do have errors, you will not be able to proceed
until all info is completed.
■ Click Complete Registration
■ Congratulations, you've registered!! You will receive an email with your registration confirmation
after you have submitted your W9.
For any changes/edits to your Contractor profile please email the Contractor registration
administrator at PurchasinaBSO(a)fortworthtexas.gov
The City of Fort Worth prefers to make Contractor payments by direct deposit to Contractors'
checking/savings accounts or by procurement credit card. The direct deposit process is called Automated
Clearing House Transfer(ACH).Advantages of ACH are:
Gives Contractors use of the funds one business day AFTER the transfer has taken place.
Contractors receive an e-mail showing the invoices being paid by the transfer.
Invoices approved for payment by 3:00 p.m. will be transferred same day and will reach the Contractors'
bank accounts by the next business day.
To register for ACH service please visit http://fortworthtexas.g_ov/lpurchasinci/, click on the link titled
"Automated Clearing House Setup", download, complete and submit the two ACH forms.
ATTACHMENT—F
NO BID SHEET—18-0443
(Please complete this form, only if, your firm has chosen not to submit a bid)
Jane Rogers, Buyer
Purchasing Division
Fax No. 817-392-8440
E-mail address: FMSPurchasingResponses(a)fortworthtexas.gov
If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to:
City of Fort Worth, Purchasing Division
200 Texas Street
Fort Worth, Texas 76102
{or fax to above address}
Please check the items that apply:
0 Do not sell the item(s) required.
0 Cannot be competitive.
Cannot meet the Specifications highlighted in the attached Bid.
0 Cannot provide Insurance required.
0 Cannot provide Bonding required.
0 Cannot comply with Indemnification requirements.
0 Job too large.
0 Job too small.
0 Do not wish to do business with the City.
0 Other reason.
Company Name:
Authorized Officer or Agent Signature:
Telephone: ( ) FAX Number: ( )
ATTACHMENT—G
DETAILED SCOPE OF SERVICES/SPECIFICATIONS
PUMP AND HOSE RENTAL
1.0 SCOPE
1.1 The City is accepting bids for an annual Agreement for the rental of various pumps and
hoses including standby monitoring as described in these specifications.
2.0 REQUIREMENTS
2.1 PUMPS
Engines on Pumps shall be gasoline fueled for 2", 3"and 4" pumps, commercial grade
with iron sleeves. 6" pumps and larger shall be diesel fueled and air-cooled. If pumps
fail to meet application requirements, replacements must be made available within the
same day the original request was made.
2.2 SUCTION HOSE
Suction Hose 2" & 3" must be heavy duty and with pin lug fitting. Suction Hose 4"&
6" must be heavy duty and American made quick disconnect camlock fittings that
match pumps. Suction hoses 8" & 10" will be heavy-duty rubber with flanged fittings
to match pumps. All hoses must have strainers capable of passing the same size
solids that the pump will pass without clogging.
2.3 DISCHARGE HOSE
Discharge Hoses 2" & 3" shall be heavy duty with pin lug fittings. Discharge Hoses
4" &6" shall be heavy-duty vinyl and have American made quick disconnect cam
and groove (camlock)fitting. 8" & 10" Discharge Hoses shall be heavy duty with
flanged connections that match pumps provided.
2.4 The bidder is responsible for familiarizing themselves with the character and quality
of materials required and equipment required.
2.5 The bidders must bid various sizes of pumps and hoses.
2.6 The bidders must comply with all Environmental Protection Agency(EPA) regulations
for paperwork, pickup,transportation and handling.
2.7 Replacement pumps and/or hoses must be available for pumps and/or hoses that fail to
operate and/or meet applications requirements within the same 24 hour period of the
initial request.
2.8 Suction hoses shall be heavy duty and have American made quick disconnect camlock
fittings that match the pumps.
2.9 All hoses must have strainers capable of passing the same size solids that the pump will
pass without clogging.
2.10 Contractor shall provide pumps and hoses ordered within 24 hours of requests.
2.11 Rental charges will begin when equipment is delivered on the job site and accepted by
the City. Rental charges will end when Contractor is contacted to pick up equipment.
2.12 Contractor will deliver, setup, take down and remove equipment from the job site.
2.13 Contractor will monitor and maintain equipment until job is complete.
2.14 The bidder shall have a minimum of two years experience and shall provide references with
the bid response on Attachment D of three(3) recent customers to whom the bidder has
performed similar work.
2.15 Contractor's failure or inability to furnish items within the time as set forth by the user
department time can create emergency situations and impose unnecessary hardship on
both the City as a municipality and the public at large.
ATTACHMENT B
CONTRACTOR'S RESPONSE TO ITB
?Ar4-5 t! 1 v 'i �3 0 ,• e�
United Rentals(North America),Inc. Page 11 of 12
Contractor Services Agreement
FORT WORTH
ITB Cover Sheet
CITY OF FORT WORTH/PURCHASING DIVISION
INVITATION TO BID NO. 18-0443 PUMP AND HOSE RENTAL
BID CLOSING DATE: AUGUST 30, 2018
For further information contact Jane Rogers, Buyer
FAX (817) 392-8440; email: FM S Pu rc has ing Res ponsesofortworthtexas.q ov
Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this
solicitation. Completed Bids including one executed original, one copy and one USB flash drive
containing electronic versions of all bid documents must be received in the Purchasing Division by
1:30 P.M., August 30, 2018, and then publicly opened and read aloud at 2:00 P.M in the Council Chambers.
Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE
ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING
OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be
mailed or hand deliveredto the following address:
City of Fort Worth, Purchasing Division,
Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102
Bids delivered by special courier ti e. Federal Express, Special Delivery etc.y are to be marked on the outside of
the courier's shipping envelope "BID No. 18-0443, PUMP AND HOSE RENTAL" AND MUST BE RECEIVED
BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE
CONSIDERED
Late bids will be returned or destroyed . they will not be opened nor considered in the evaluation of the bid. Bids may
be withdrawn at any tmie prior to the official opening. Bids may not be altered, amended or withdrawn after the
official opening The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are
offered, at the pnce(s) and upon the terms. conditions and scope/specifications contained in this document The
period for acceptance of this bid will be 90 calendar days after the bid opening date
By signing below, I certify that I have read the attached Terms and Conditions, Instruction to Bidders
and the Bid requirements and have agreed to all of the terms, conditions and requirements contained
herein. Failure to complete the requested information below will result in rejection of your bid.
Company Name and Address: United Rentals (North America). Inc. -3421 AVENUE D STREET
Arlington, TX 76011 Federal ID Number(TIN): 86-0933835
~ Company's Authorized Agent Na a nd Title Tyler Bradford - Branch Manager
Signature: ~ Date. Telephone Number: 877-874-4468
Email address: govrents@ur.com Fax Number: 877-735-7450
Cooperative Purchasing:
Should other Governmental entities decide to participate in this contract, would you, the Contractor,
agree that all terms, conditions, specifications, and pricing shall apply(see section 11)? Yes
No
Pre-Bid Conference: No Pre-Bid Conference.
Contents:
• Part—I Bid Solicitation/Offer
• Part—11 Instruction to Bidders
• Part— III : Scope of Services/Specifications
• Part— IV : Standard Purchasing Terms and Conditions
• Part—V Attachments
Re%itied 7.1 1.1 scu
Page 1 of 7
BID SOLICITATION
Printed. 08/10/2018
BID OPENING DATE AND TIME:
8/30/2018 1:30:00 PM
BID NUMBER: 18-0443
BUYER Jane Rogers
PHONE# (817)392-8385
DELIVERY REQUIRED8/30/2018
EVendor Name. United Rentals(North America). Inc. H City of Ft Worth
NO Address. 3421 AVENUE D STREET P 1608 11TH AVENUE
FORT WORTH TX 76102
R City.State Zip Code Arlington.TX 76011 T
a
Item Class-Item Quantity Unit Unit Price T
Total
70.000 The City of Fort Wonh is seeking bids from qualified Contractors for an
annual Agreement for Pump and Hose Rental for the Water Depanment.
This Agreement shall begin on the date stated in Purchase Order
("Effective Date")and shall expire on upcoming September 301h,
("Expiration Date"),unless terminated earlier in accordance with this
Agreement("Initial f erm•').Upon the expiration of the Initial Term.the
Agreement shall renew automatically under the same terms and conditions
for up to four(4)one-year renewal periods(October 1 to September 30)
and for a filth renewal period which shall expire on completion of total five
year duration,unless City or Vendor provides the other party with notice of
non-renewal at least 60 days before the expiration of the Initial Term or
renewal period.However,if funds are not appropriated,the City may
cancel the Agreement 30 calendar days after providing written notification
to the Contractor 1 Vendor.
Unit prices shall include all costs associated with the specified goods and
services,including but not limited to handling,delivery,fuel charges,tees
and certifications fees No additional charges will be accepted or paid by
the City. Qnn f¢(nn
1 000 Rental of Centrifugal Pumps 2"x2"(5HP)Daily Discount Price 1 EA �aY 00 Oil 09
oq
2000. Rental of Centrifugal Pumps 2'x2"(5HP)Weekly Discount Price 1 EA
3 000 Rental of Centrifugal Pumps 2"x2'•(5HP)Monthly Discount Price 1 EA 1 u✓ OQ �/ U� On
4 000 Rental of Centrifugal Pumps 3'x3"(14HP)Daily Discount Price 7 EA two, nn /aw p0
5 000 Rental of Centrifugal Pumps 3'x3"(14HP)Weekly Discount Price 1 EA yo
��aa
100 �7a D•ria
6 000 Rental of Centrifugal Pinups 3"x3"(14HP)Monthly Discount Price 1 EA �d0 0`�/1
7.000 Rental of Centrifugal Pumps 4"x4"(30HP)Daily Discount Price 1 EAV
Page 2 of 7
BID SOLICITATION
Panted 08/10/2018
BID OPENING DATE AND TIME:
8/30/2018 1:30:00 PM
BID NUMBER: 18-0443
BUYER Jane Rogers
PHONE f (817)392-8385
DELIVERY REQUIRED 8130/2018
E Vendor Name United Rentals(North America), Inc. N City of Ft Worth
ND Address 3421 AVENUE D STREET P 1608 11TH AVENUE
FORT WORTH TX 76102
0 City,State Lip Code Arlington.TX 76011
R T
O
Item Class-Item Quantity Unt7 Unit Price Total
8 000 Rental of Centrifugal Pumps 4'x4"(30HP)Weekly Discount Price 1 EA ��0 �
9 000 Rental of Centrifugal Pumps 4"x4"(30HP)Monthly Discount Price 1 EA { Qq �'�o?O 00
4LJ
10 000 Rental of Centrifugal Pumps 6•'x6"(100HP)Daily Discount Price 1 EA ;p 7 °n o�75
11 000 Rental otCentrifugal Pumps 6"x6"(100HP)Weekly Discount Price 1 EA �S4).00 00
12 000 Rental of Centrifugal Pumps 6'x6"(100HP)Monthly Discount Price 1 EA X1650.°0 /6J0
14 000 Rental of Centrifugal Pumps 8"x8"(110HP)Daily Discount Price 1 EA /�'•DO 3�l °0
00
15.000 Rental of Centrifugal Pumps 8'x8"(110HP)Weekly Discount Price 1 EA .°9
16 000 Rental of Centrifugal Pumps 8"x8"(110HP)Monthly Discount Price i EA a0��•oil
17 000 Rental of Centrifugal Pumps 10"00"(92HP)Daily Discount Price 1 EA /.l�
0�
18.000 Rental of Centrifugal Purnps 10"x10"(92HP)Weekly Discount Price 1 EA
19 000 Rental of Centrifugal Pumps 10"x10"(92HP)Monthly Discount Price 1 EAa✓ i✓ 00d�95
20 000 Submersible Pumps Electric Motor Driven 2"(3.5HP)Daily Discount Price 1 EA �O 01 100
Page 3 of 7
BID SOLICITATION
Printed 08/10/2018
BID OPENING DATE AND TIME:
8/30/2018 1:30:00 PM
BID NUMBER: 18-0443
BUYER Jane Rogers
PHONE# (817)392-8385
DELIVERY REQUIRED.8/3012018
EVendor Name. United Rentals(North America), Inc_ H City of Ft Worth
NAddress 3421 AVENUE D STREET P 1608 11TH AVENUE
D
FORT WORTH TX 76102
O City,State Zip Code Arlington,TX 76011
R T
0
Item Class-Item Quantity Unit Unit Price F
Total
21.000 Submersible Pumps:Electric Motor Driven 2"(3 5HP)Weekly Discount 1 EA /� r• 7!•og
Price
7°Q
22000 Submersible Pumps:Electric Motor Driven 2"(3.5HP)Monthly Discount 1 EA
Price
23.000 Submersible Pumps.Electric Motor Driven 3"(6HP)Daily Discount Price 1 EA �uo
24 000 Submersible Purnps Electric Motor Driven 3"(6HP)Weekly Discount 7 EA TA/Q p�yp. 00
Price
25.000 Submersible Pumps.Electric Motor Driven 3"(6HP)Monthly Discount 1 EA j7Q.00 Oa
Price oqff
OP
26.000 Submersible Pumps:Electric Motor Driven 4"(10HP)Daily Discount Price 1 EAPJD- n�
27.000 Submersible Pumps Electric Motor Driven 4"(1 OHP)Weekly Discount 1 EAJ1JY-
Price MM `
28 000 Submersible Pumps Electric Motor Driven 4"(10HP)Monthly Discount 1 EA IISW lJ 00 09
Price
29 000 Submersible Pumps:Electric Motor Driven 6"(95HP)Daily Discount Price 1 EA
3,�0.°A ��SD• ao
30.000 Submersible Pumps. Electric Motor Driven 6"(95HP)Weekly Discount 1 EA70a-g0T�a' O9
Price
31 000 Submersible Pumps:Electric Motor Driven 6"(95HP)Monthly Discount 1 EAa//�•09p2�Qy
Price
Page 4 of 7
BID SOLICITATION
Printed 08/10/2018
BID OPENING DATE AND TIME:
8/3012018 1:30:00 PM
BID NUMBER: 18-0443
BUYER Jane Rogers
PHONE a (817)392-8385
DELIVERY REQUIRED:8/30/2018
E Vendor Name United Rentals(North Americal,Inc. H City of Ft Worth
D Address 3421 AVENUE D STREET P 1608 11TH AVENUE
FORT WORTH TX 76102
0 City,State Zip Code Arlington.TX 76011
R T
Q
Item Class-Item Quantity Unit Unit Price Total
32 000 Submersible PumpsElectric Motor Driven 8"(100HP)Daily Discount 1 EA
Price
q` 00
33 000 Submersible Pumps.Electric Motor Dnven 8"(100HP)Weekly Discount 1 EA
Price
34 000 Submersible Pumps Electric Motor Driven 8"(100HP)Monthly Discount 1 EA �.ZSJrO o0 �/V 04,
Price q
00
35 000 Suction Hose.Water Suction Hose 2"x20'Daily Discount Price i EA �;0 �� �a0,
36.000 Suction Hose Water Suction Hose 2"x20'Weekly Discount Price 1 EA �!D p0 �O Ap
71 000 Suction Hose Water Suction Hose 2"x20'Monthly Discount Price 1 EA �pZ�. i�Q-
J1
37 000 Suction Hose Water Suction Hose 3"x20'Daily Discount Price 1 EA
gas D�
38.000 Suction Hose Water Suction Hose 3"x20'Weekly Discount Price 1 EA ;Jo�� �+✓'�
39 000 Suction Hose:Water Suction Hose 3"x20'Monthly Discount Price: 1 EA '00 r50 Ojo
�Q
40.000 Suction Hose:Water Suction Hose 4"x20'Daily Discount Price 1 EA jr 31, v0 31,
41 000 Suction Hose.Water Suction Hose 4"x20'Weekly Discount Price 1 EA �.00
��'
Page 5 of 7
BID SOLICITATION
Printed 08/10/2018
BID OPENING DATE AND TIME:
813012018 1:30:00 PM
BID NUMBER: 18-0443
BUYER.Jane Rogers
PHONE# (817)392-8385
DELIVERY REQUIRED 8/30/2018
E Vendor Name United Rentals(North America), Inc. H City of Ft Worth
ND Address 3421 AVENUE D STREET P 1608 11TH AVENUE
FORT WORTH TX 76102
R City,State Zip Code. Arlington, TX 76011 T
0
Item Class-Item Quantity Unit Unit Price Total
42 000 Suction Hose Water Suction Hose 4"x20'Monthly Discount Price t EA / .4O
4,1,000 Suction Hose Water Suction Hose 6"x20'Daily Discount Price 1 EA 151 •x • °O
44 000 Suction Hose Water Suction Hose 6•'x20'Weekly Discount Price 1 EA 416_`•
45.000 Suction Hose Water Suction Hose 6"x20'Monthly Discount Price. 1 EA �lqZ 00 A/Vtv
46 000 Suction Hose Water Suction Hose 8"x25'Daily Discount Price 1 EA 4700
47 000 Suction Hose Water Suction Hose 8"x25'Weekly Discount Price 1 EA `7 y PO97 O�
48 000 Suction Hose.Water Suction Hose 8"x25'Monthly Discount Price 1 EA �/r�0 00 O 00
49 000 Discharge Hose 2"x20'Daily Discount Price t EA �d o OQitC/•
50 000 Discharge Hose 2"x20'Weekly Discount Price t EA /Q. 00
51 000 Discharge Hose 2"x20'Monthly Discount Price 1 EA 1;0.04 �j�rJ•��
52 000 Discharge Hose 3"x20'Daily Discount Price i EA �7- al.
53000 Discharge Hose 3"x20'Weekly Discount Price I EA
Page 6 of 7
BID SOLICITATION
Printed.08/1012018
BID OPENING DATE AND TIME:
813012018 1:30:00 PM
BID NUMBER: 18-0443
BUYER Jane Rogers
PHONE# (817)392-8385
DELIVERY REQUIRED 8130/2018
E Vendor Narne. United Rentals(Norsh America),Inc, H City of FI Worth
NAddress 3421 AVENUE D STREET P 1608 11TH AVENUE
D
FORT WORTH TX 76102
O City,State Zip Code Arlington,TX 76011 T
O
Item Class-Item Quantity Unit Unit Pnce Total
54 000 Discharge Hose 3"x20'Monthly Discount Price 1 EA �GO X50 00
55 000 Discharge Hose 4•'x50'Dally Discount Price 1 EA _L4o /�•Q�
56 000 Discharge Hose 4"x50'Weekly Discount Pnce 1 EA �EyC•� -
57 000 Discharge Hose 4"x50'Monthly Discount Price 1 EA �Gfp.� �i96
58 000 Discharge Hose 6•x50'Daily Discount Price 1 EA �avC•00 J�v•AA
59 OUO Discharge Hose 6"x50'Weekly Discount Price 1 EA
6Y ooh y.as
60000 Discharge Hose 6"x50'Monthly Discount Price 1 EA
61 D04 Discharge Hose 8"'x50'Daify Discount Price i EA
y7.°Dye Qo
62 000 Discharge Hose 8"x50'Weekly Discount Price 1 EA �009y, °O
63.000 Discharge Hose 8"x50'Monthly Discount Price i EA �a� � ��oQ v4
64.000 24 hour standby and monitoring of pumps,suction and discharge for 1000 EA iko- �ryr 04
bypass pumping on location,including fueling and maintenance of pumps
as needed
Page 7 of 7
BID SOLICITATION
Printed.08/10/2018
BID OPENING DATE AND TIME:
8/30/2018 1:30:00 PM
BID NUMBER: 18-0443
BUYER Jane Rogers
PHONE t/ (817)392-8385
DELIVERY REQUIRED 8/30/2018
EVendor Name United Rentals(North America), Inc. H City of Ft Worth
ND Address 3421 AVENUE D STREET P 1608 11TH AVENUE
FORT WORTH TX 76102
O City,Stale Zip Code Arlington, TX 76011
R T
O
Clem Class-Iter" Quantity Unit Unit Price T
Total
65.000 Delivery and/or Pick-Up Charge of Rental Equipment,Monday-Friday 300 EA /9 00 OG
Regular Hours 7 00 a m to 4:00 p.m.,per incident Ily.
66 000 Delivery and/or Pick-Up Charge of Rental Equipment.Monday-Friday 300 EApri(7•
After Hours 4 01 p m to(3:59 a in.and anytime Saturday or Sunday.
including Holidays,per incident
67 000 Set-Up and Stage Fee.if required 1 EA �50./1 r, �JQ OQ
68 000 Miscellaneous pump and hose rentals riot listed @,ga%discount 1 EA Teo (Q(/
TOTAL: 7G3.�O
WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE
MUST BE HELD FIRM FOR PERIOD OF 90 DAYS
TERM OF PAYMENT: NET 30 COMPANY: United RpMtal IN merica), Inc.
DELIVERY: �J SIGNATURE:
TELEPHONE NUMBER: 877-8744468 NAME AND TITLE: Tyler Bradford-Branch Manager
PART—V
ATTACHMENTS
ATTACHMENT-A
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts
or seeks to contract for the sale or purchase of property, goods, or services with a local governmental
entity(i.e. The City of Fort Worth)must disclose in the Questionnaire Form CIO("Questionnaire")the
person's affiliation or business relationship that might cause a conflict of interest with the local
governmental entity. By law. the Questionnaire must be filed with the Fort Worth City Secretary no later
than seven days after the date the person begins contract discussions or negotiations with the City, or
submits an application or response to a request for proposals or bids, correspondence, or another writing
related to a potential Agreement with the City. Updated Questionnaires must be filed in conformance with
Chapter 176
A copy of the Questionnaire Form CIO is enclosed with the submittal documents. The form is also
available at ethics state tx usltorms/CIQ pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City, state Contractor name in the # 1, use NIA in each of the areas on the form.
However,a signature is required in the#4 box in all cases.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ ,
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 29. 84th Leg.. Regular Session OFFICE USE ONLY
This qu=+.irr rin;wo s:winq tiled in accordance with Chapter 176.Local Government Cade.
by a veridor who has a business ielationsti p as defined by Section 176 Doti t a±with a local
govarnmental entity and the vendor meets requirements under Section 176 006(al
By law this questiO1111W1e must be filadwith the records admrnLatrator of the localgovernmenta!
entity not,ater than rna 71h business day atter the date She vendor becomes aware of tacts
'hat require tr e�raren eat tc�be brad Sae Section 176 x106+a•1).Loan!Government Code
A vendat comm is an ol1?n_A if the vendor knowingly violates Section 176 006, Local
Govar dent Cede An 01-e11ee under this section is a misdemeanor
:J Nang of vendor whn has a buisiness relationship with local governmental entity.
United Rentals(North America),Inc.
_jj 1 Clwrk rhr:1)1-jx It you alp tiling an update to a proviousiy fIIPd quiastionnalra.
Tf:r- 'arc ieoi fres that you file an updated =ompleled questionnaire with the appropriatN filing authomy not
i
tater thar• rhr-71h business rtay after thF date nn which you became aware that the-originalty tilPrt ni-estionnaire wa-.
'iC'rJn)plE''.e 3r 'rdccurar!-
Namr-of local govvrntnent officer about whom the information in this section is being disclosed.
13
NONE
Name of Officer
This �o rirn stem 3 including subparts A B C & Dt must be completed tot each officer with whom illi v:-ndor hae m
emproyirenl or other business relationship as defined by Section 176 00111 a) Local Government Code AfG1Ch additional
oagxs to to s Porn-CIO as necessary
A Is the nfitcpr named in this sert+on receiving or likely to rerstirp taxable imam.- nthpr Thar -n.actmPnt
%nnie from the vendor
Y?e Ix1 No
B Is the vondo recervinq or ikety to re=dear taxable income.otherthan investment income from ar at the dv.a,tion or Inc-ror_af
gQyprnmer,t off c?-,tamed in this section AND the tasablle income is not received from the ocai ooverrmental entity'
FlYes No
{; Is the Meet it this questvJnnaire employed by a corporation or other business entity with respect To ranch the Jocal
gcv*rninent ofira;i+ ;e ves as an officer cr director,or holds an ownership interest of one tx reed cr inure•
i
FlYes a No
C• Desri;be each-niptovment or business and family relationship with the local government officer nam«t, in the se+:hca
Al
_,gnatu,,�-of,:. ni e a:N ci:>>r•es Jr,n me governmertai entity Caa
Tyler Bradford-Branch Manager
�ai,-
ATTACHMENT - B
BIDDER'S CONTACT INFORMATION
Bidder's Name: United Rentals(North America), Inc.
Bidder's Local Address: 3421 AVENUE D STREET
Phone: 877-874-4468 Fax: 877-735-7450
Email:
Name of person assigned specifically for this Agreement:
Name/Title Tyler Bradford-Branch Manager
Phone: A77_A74-4469 nrA1746R-Annn Fax: R77-735-7450
Email:
- �Jovreflto@ar,onl
Name of persons for renewal information and/or billing questions;
Name/Title Tyler Bradford-Branch Manager
Phone: 877-874-4468 or 817468-8000 Fax: 877-735-7450
Email. R @ ,
Name/Title Daniel Cunningham-Government Sales Specialist
Phone: A77-874-4462 Fax: R77-715-7450
Email:
i�
Tyler Bradford-Branch Manager
Signal re Printed Name a e
ATTACHMENT -C
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids, to enter into a contract for certain purchases with a bidder whose
principal place of business is in the corporate limits of the City of Fort Worth and whose bid is
within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or
services requested, if the lowest bid is from a business outside the municipality and contracting
with the local bidder would provide the best combination of price and other economic benefits to
the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the
bid or request package.
The Fort Worth City Council requires the following information for consideration of location of a bidder's
principal place of business. Add additional sheets if needed to provide this information.
1. Locational Eligibility. Principal Place of Business in Fort Worth, Texas.
a. Do you have a Fort Worth office? If yes, identify address:
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed
50%]
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees?
b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by
company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly-
established)?
Certification of information.
The undersigned does hereby affirm that the information supplied is true and correct as of the
date hereof, under penalty of perjury.
(Company Name) (Date)
Does Not Apply
(Signature) (Printed Name and Title )
ATTACHMENT -D
REFERENCE SHEET
Please complete and return this form with your bid.
The bidder shall furnish references for at least three (3)recent customers to whom products and/or
services have been provided that are similar to those required by this solicitation. The City will be the sole
judge of references. Please use additional sheets.
1. Company's Name e/;4y Z A,4,,Q¢m
Name of Contact ,k
Title of Contact ; n ✓
Present Address /0/ W. ALroN, s4
City, State, Zip Code40" /0
v
Telephone Number (Y17 y54_ 5gyy Fax Number($lT ) ysq s111171z
Email AcPam- a,(inr,-ron'fiX•AraV
2, Company's Name C w allvao,,J
Name of Contact 0
Title of Contact D4eya�ijqls .n r
Present AddressP;-40
City. State, Zip Code W f
Telephone Number { 17 ) S1 5i Fax Number( ) A
Email ,� v ✓ o✓
I Company's Name
Name of Contact l�Gt v�o� itdaY�iaa<s
Title of Contact
Present Address
City. State, Zip Code �a✓� Wo✓ � (X y6(�9
Telephone Number {gJ� js3s�3y5/ Fax Number{,V'/T ) SdS-�153
Email Qs+Vv►t�✓ .cOv�s�racc-f;o►x' racrr�•cow
REFERENCES
(1)CLIENT NAME: State of Mississippi(10+years)
ADDRESS(Street) 701 Woolfolk Building Suite A
ADDRESS(City, St.Zip): Jackson. MS 39201
CONTACT NAME Ross Campbell(Director 1 Marketing and Audit)
TELEPHONE/E-MAIL 601-359-2004C df l nir,c ri,;
(2)CLIENT NAME Louisiana State University(10+ years)
ADDRESS(Street) 213 Thomas Boyd Hall
ADDRESS(City. St.Zip): Baton Rouge, LA 70803
CONTACT NAME: Stephen Walczak(Sr. Strategic Sourcing Analyst)
TELEPHONE/E-MAIL 225 578-23031 ru:;ii;:rfil {:Ir;n :c1u
(3)CLIENT NAME Oklahoma Department of Transportation(5 years)
ADDRESS(Street) 200 NE 21st St, Room 3C8
ADDRESS(City. St.Zip): Oklahoma City,OK 73105
CONTACT NAME Jennifer Mason(Purchasing Manager)
TELEPHONE/E-MAIL 405-521-2708 i J(tAA£;ONrajt"_aDr7l-C)kC,
(4)CLIENT NAME City&County of Denver(5 years)
ADDRESS(Street) 201 West Colfax Avenue, Department 304, 11th Floor
ADDRESS(City, St,Zip) Denver. CO 80202
CONTACT NAME:Andrew Miskell(Sr Buyer)
TELEPHONE/E-MAIL 720.913.8159/AndreevaM�skE�ilJr clarrn;rc o�circ;
(5)CLIENT NAME State of Massachusetts(5+years)
ADDRESS (Street). One Ashburton Place RM 1017
ADDRESS(City. St. Zip) Boston, MA 021108
CONTACT NAME Stephen Lyons(Strategic Sourcing Services Lead)
TELEPHONE/E-MAIL 617-720-3373 1 steve_Lyon;<<t)mass Uov
(6)CLIENT NAME Texas Department of Transportation(10+years)
ADDRESS(Street) 3800 Jackson Avenue, BIdg.5
ADDRESS(City. St.Zip) Austin, TX 78701
CONTACT NAME Glenn Hagler(Director of Purchasing, Hub Coordinator)
TELEPHONE/E-MAIL512-374-5480/oorrir,rt(�rlr.�t�'t,,)1„r_1,_r)s
(7)CLIENT NAME: Central Arizona Project(5+years)
ADDRESS(Street).23636 N 71” Street
ADDRESS (City.St, Zip). Phoenix,AZ 85024
CONTACT NAME Alan Albrecht(Buyer)
TELEPHONE/E-MAIL'623-869-2547/;-mIhr'o-�r,hi;<L�^._ap-a;cram
(8)CLIENT NAME:Auburn University(10+years)
ADDRESS(Street). 212 Ingram Hall
ADDRESS(City, St.Zip) Auburn,AI 36849
CONTACT NAME Matt Pike(Strategic Sourcing Analyst)
TELEPHONE/E-MAIL- 334-844-3630 1 1)fk rnat,'(i)alfi')nrn i�Cir.
(9)CLIENT NAME Pinellas County(10+years)
ADDRESS(Street): 400 S. Ft. Harrison Ave
ADDRESS(City, St,Zip): Clearwater, FL 33756
CONTACT NAME: Rebecca Fiesbeck(
TELEPHONE/E-MAIL: 727-464-3788 ir liir ;.ckri nir, 11 tri unry iii
(10)CLIENT NAME State of Louisiana(5+years)
ADDRESS(Street) 1201 N 3f°Street,Suite 2-160
ADDRESS(City, St,Zip) Baton Rouge, LA 70804
CONTACT NAME Jonathan Walker(Asst. Director, State Purchasing)
TELEPHONE/E-MAIL 225342-8010lJcr=atnanWalk,eri,la_ _v
"All above references used our entire portfolio, utilizing general rentals and specialty equipment—
ATTACHMENT C
VERIFICATION OF SIGNATURE AUTHORITY
United Rentals (North America), Inc.
3421 AVENUE D STREET
Arlington,TX 76011
Contractor 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 Contractor and to execute any agreement, amendment
or change order on behalf of Contractor. Such binding authority has been granted by proper order,
resolution,ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Contractor.
Contractor will submit an updated Form within ten (10) business days if there are any changes to the
signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form
that has been properly executed by Contractor.
a
1. Name,. l y��✓ ��a
Position: d9„aa,c•
/(r(Q a
Signatur
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
United Rentals(North America),Inc. Page 12 of 12
Contractor Services Agreement
UNITED RENTALS(NORTH AMERICA). INC.
POWER OF ATTORNEY
kno%v all nice by these presents. that the undersigned,a Del mare corporation (the "('orporation"), hcrcb\
constitutes and appoints those individuals employed by the company with the title Branch Manager, Arca
General Manager or District Manager, its true and lawful attorney-in-fact to.
I. execute and submit. in the name and out behalf of the Corporation, hid documents and
contracts arisim, out of such bid documents in relation to ani, state and local
government solicitations provided that the Corporation's legal department hay rcv ic«ecl
and approved such bid documents and contracts:and
talc any other action of any type %vhatsoe%er in connection tyith the foregoing, Wflch. in
the opinion ofsuch attorney-in-fact,may be of henefit to. in the hest interest ol'.or Icgalb
required by, the Corporation in connection vyith such execution and submission.
I he Corporation hereby grants to the attorneN-in-fact full power and authority to do and perform
all and Cycr\ act and thin, whatsaever requisite. necessary and proper to be done in the exercise Of any of
the right,, and po%%crs herein granted, as fully to all intents and purposes as such attorney-in-fact mi'lht or
could do if personally present, hereby ratifying and confirming all that such aitormcv-in-fact shall lawfully
do or Cause to he done by virtue of this power ofattorney and the rights and powers herein granted.
Unless sooner terminated by the Corporation. this Power of Attorney shall remain in effect for a
period of the earlier of-6)one(I)year from the date hereof''and(ii)the date the person appointed ceases to
be eniplo%ed as a Branch Manager, Area General Manager or District Manager of the Corporation_
IN Wl I'NI:SS W111;10F01:, the undersigned has caused this Power of Attorney to be executed as
ofthis rd day of.lanuarv.2019.
l!Nl H:D RENTALS(NORTI I AMERICA). INC.
By:
Na 'ict G E„ C'hristenscn
Title:
' e President National Areounts
til A 10I ARI/0NA )
tis.
COON'l Y 01, MARICOPA )
1 LlTN
0n this- (d Lim of January, ally, before me personally came Gregg I.. Christensen, to me knovyn_ and
kno\yn to me to be the person who executed the foregoing instrument. and who heing by File duh sworn.
did depose and say that he is the Vice President-National Accounts of United Rentals (North America),
Inc., a Delimare corporation, and that said instrument was executed by him fir and on behalf of said
corporation for the uses and purposes therein mentioned-
IN \\ITNESS Wl IER1.01-. I have hereunto set inv hand and affixed niy seal this 3rd day ofJanuan._019,
NOTARY PUBLIC
STATE OF ARIZONA t `
Wrkmc Covnty Notary Public
JAME OUENZEL tf
My CommissmDm Expires MM S.202 .✓
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Tc--.E
CITY COUNCIL AGENDA FoR� T, o H
COUNCIL ACTION: Approved on 10/16/2018
REFERENCE13P18-0443 PUMP AND
**
DATE: 10/16/2018 NO.: P-12262 LOG NAME: HOSE RENTAL SEH
WATER
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Non-Exclusive Purchase Agreements with United Rentals (North
America), Inc., and Xylem Dewatering Solutions, Inc., dtb/a Godwin Pumps of America,
for Pump and Hose Rental in an Annual Amount Up to$300,000.00 and Authorize Five
Annual Renewal Options for the Water Department(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended tat the City Council authorize the execution of non-exclusive Purchase
Agreements withd6hited Rentals(North America), Inc., and Xylem Dewatering Solutions, Inc., d/b/a
Godwin Pumps of America, for pump and hose rental in an annual amount up to$300,000.00 and
authorize five annual renewal options for the Water Department.
DISCUSSION:
The Water Department approached the Purchasing Division to establish an annual Agreement for the
purchase of pump and hose rental to replace and repair plant-wide equipment as a part of City
facilities maintenance and operations for the Water Department on an as-needed basis. Staff issued
an Invitation to Bid (ITB) consisting of detailed specifications to 17 related vendors. The ITB was
advertised in the Fort Worth Star-Telegram on August 15, 2018,August 22, 2018 and August 29,
2018. The City received three bids. See attached Bid Tabulation.
Staff recommends awarding contracts to United Rentals(North America), Inc., and Xylem Solutions,
Inc., d/b/a Godwin Pumps of America, with five annual options to renew. No guarantee was made
regarding the amount of these items that would be purchased. The ITB amount for the department's
annual requirements is$300,000.00. The proposed contract would allow the unit price to be
increased so long as the City approves the increase. In addition, an administrative change order or
increase may be made by the City Manager in the amount up to$50,000.00 and does not require
specific City Council approval as long as sufficient funds have been appropriated.
The Water Department reviewed the pricing and found pricing to be fair and reasonable.
M/WBE Office-A waiver of the goal for M/WBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office because the purchase of goods or services
is from sources where subcontracting or supplier opportunities are negligible.
Upon City Council approval, the Agreement shall begin upon execution of the Agreement and shall
end on September 30, 2019.The City shall have five options to renew the Agreement; four one-year
renewal periods(October 1 to September 30) and the fifth renewal period which shall run from
October 1 to the anniversary of the date of execution.
FISCAL INFORMATION/CERTIFICATION:
The approval of this action provides purchasing authority up to$300,000.00 as specified. The
Director of Finance certifies that funds are available in the current operating budget, as appropriated,
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26307&councildate=10/16/2018 1/23/2019
M&C Review Page 2 of 2
and that prior to an expenditure being made,the participating Department has the responsibility to
validate the availability of funds. Future year appropriations are subject to Mayor and Council
approval.
BQN\18-0443\SEH
TO
Fund Department Account Project Program Activity �udget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account I Project I Program I Activity udget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Susan Alanis(8180)
Originating Department Head: Cynthia B. Garcia (8525)
Additional Information Contact: Sarah Howell 1,2059)
ATTACHMENTS
18-0443 Pump and Hose Rental BidTabV3.xlsx
18-0443 United Rental 1295-2018-400011.gdf
18-0443 Xylem 1295 2018-399896.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26307&councildate=10/16/2018 1/23/2019