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HomeMy WebLinkAboutContract 51999 R�c�\Q 2D CITY SECRETARY �p� FO�swoR�N CONTRACT NO. 5190121 ° �SECR�A�Y CONTRACTOR SERVICES AGREEMENT SEWER VAULT SURFACING REHABILITATION 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 DFW Infrastructure, 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 sewer vault surfacing rehabilitation 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`'', 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 1 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 $48,190.00 ("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 unless City requests and approves in writing the additional costs for such services. City shall not be fi OFFICIAL RECORD DFW Infrastructure,Inc. Page 1 of 12 CITY SECRETARY Contractor Services Agreement FT.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 DFW Infrastructure,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 Iiable 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 DFW Infrastructure,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 Assi nment. 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) DFW Infrastructure,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 Manager's Name and Title DFW Infrastructure,Inc. 200 Texas Street 4545 J D Mouser Pkwy Fort Worth,TX 76102-6314 Alvarado, TX 76009 Facsimile: (817)392-8654 Phone: 817-825-8494 Email: Facsimile: N/A With copy to Fort Worth City Attorney's Office at Representative: Donna Brown -President same address Email: donna@dfwinfrastructure.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. DFW Infrastructure,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. DFW Infrastructure,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 (1-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be 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. DFW Infrastructure,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) DFW Infrastructure,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: Nam UNK)A: Assistant City Manager Title: 2SJ +-f Date: �. *, r Date: ATTES By: AP O S TO FORM AND LEGALITY: By: Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: //��EC O MMENDED: By: Ce / / — / .! L Name: 0100 14A1znE2 Title: wil., CONTRACT AUTHORIZATION: M&C: Date Approved: 1295#: /y CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible fo the monitoring and administration of this contr t, including ensuring all performance and report' requirements. B : Name: Title: -f OFFICIAL RECORD DFw Infrastructure,Inc. Page 9 of 12 CITY SECRETARY Contractor Services Agreement F . WORTIip_rX ATTACHMENT A CITY'S ITB c4 it i l H DFW Infrastructure,Inc. Page 10 of 12 Contractor Services Agreement FORTWORTH. REQUEST FOR QUOTATIONS Purchasing Division 200 Texas Street, Fort Worth, Texas 76102-6311, Fax: 817-392-8440 RFQUOTE NO: 18-0463 QUOTE FOR: SEWER VAULT SURFACING REHABILITATION SYSTEM BID OPENING DATE: FRIDAY, SEPTEMBER 7, 2018 @ 1:30 PM BUYER: JANE ROGERS EMAIL: F M S Pu rch asi nQ Res ponses fortwo rthtexas.q ov INSTRUCTIONS TO BIDDERS Quotes are solicited for furnishing the merchandise, supplies, services and/or equipment set forth. Completed Quote must be received in the Purchasing Division,200 Texas Street, FortWorth,Texas 76102 by the above"quote deadline." Quotes may be submitting electronically(email)or faxed to 817-392-8440,addressed to the above Buyer.City of Fort Worth and have the bid number and opening date clearly marked on the fax cover page. Late quotes will not be considered for award unless bidders are notified otherwise. Quotes may be withdrawn at any time prior to the official opening by written notification. Quotes may not be altered, amended or withdrawn after the official opening. • Your quote must be submitted on this form. • Freight and all other delivery charges shall be included in the unit price(s)bid. • The City is exempt from Federal Excise and State Sales Tax,therefore,tax must not be included in the quote price. Items quoted must meet or exceed City of Fort Worth Specifications; however, The City of Fort Worth may consider and accept alternate bids if specified herein when most advantageous to the City. The City reserves the right, however, to hold to City Specifications and to determine"or equal"status. The City reserves the right to accept or reject in part or whole any quote submitted, and to waive any technicalities for the best interest of the City. The undersigned agrees, if the quote is accepted, to furnish any and all items upon which prices are offered, at the price(s)and upon the terms and conditions contained in the specifications. The period for acceptance of this proposal will be calendar days(90 calendar days unless a different period is inserted by the bidder)after opening date. Will agreement be available for Cooperative Agreement use? (See Section 6, Page 4)Yes No City of Fort Worth Standard Terms and Conditions Shall Apply Company Name QUOTE EVALUATION &Address(Please write legibly). The quote award shall be based on, but not necessarily limited to, the following factors.- 1. actors:1. Unit Price 2. Total Quote Price 3. Terms and Discounts Telephone no. (AC ) 4. Delivery Date 5. Results of Testing Samples Fax no. (_ ) 6. Special Needs and Requirements of the City 7. Past experience with product/service Name 8. Contractor's past performance 9. City's evaluation of the Contractor's responsibility Signature 10. Demurrage charges,freight costs and mileage 11. Estimated cost of supplies, maintenance, storage Title& Date 12. Estimated Surplus value E-mail Address RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 1 of 45 Page 1 of 2 BID SOLICITATION Printed:08/28/2018 BID OPENING DATE AND TIME: 9/7/2018 1:30:00 PM BID NUMBER: 18-0463 BUYER:Jane Rogers PHONE#: (817)392-8385 DELIVERY REQUIRED:9/7/2018 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 2.000 The City of Fort Worth is seeking quotes from qualified Contractors for an annual Agreement for Sewer Vault Surfacing Rehabilitation System 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 price shall include all costs associated with the specified goods and services,including but not limited to handling,delivery,fuel charges,fees and certification fees.No additional charges will be accepted or paid by the City. 1.000 Mobilization,Demobilization and Bonds 10 EA 3.000 Realign and Grout Casting 10 EA 4.000 Repair Chimney/Cone 10 EA 5.000 Clean Sewer Vault,Remove any Roots,Repair as needed and Epoxy 10 FT Coat or Cured In Place Sewer Vault Liner Rehab 6.000 Sewer Vault Wall Lift Holes and Coat Repaired 10 EA 7.000 Clean Sewer Vault,Repair Pipe Seal and Coat area 10 EA Page 2 of 2 BID SOLICITATION Printed:08/28/2018 BID OPENING DATE AND TIME: 9/7/2018 1:30:00 PM BID NUMBER: 18-0463 BUYER:Jane Rogers PHONE#: (817)392-8385 DELIVERY REQUIRED:9/7/2018 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 Cured in Place Sewer Vault Liner(CIPM) 20 FT 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: SPECIFICATIONS FOR SEWER SURFACING REHABILITATION SYSTEM 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks quotes from qualified bidders to provide Sewer Surfacing Rehabilitation System for the Water Department. 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/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. 1.4 Unit price shall include all costs associated with the specified goods, including but not limited to handling,delivery,fuel charges,fees and certification fees. No additional charges will be accepted or paid by the City. 1.5 The Contractor shall provide goods and services on an as needed basis, as requested by the City. 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 The Contractor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change forthe 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 impactfuture invoice payments. 4.0 INVOICING REQUIREMENTS 4.1 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 at the time the service is requested. 4.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Contractor's name 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. RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 3 of 45 5.0 UNIT PRICE ADJUSTMENT 5.1 The unit prices may be adjusted for increases or decreases in Contractor's cost after completion of each Agreement year upon written request from the Contractor. 5.2 The Contractor must submit its price adjustment request, in writing, at least 60 days before completion of each Agreement year. The Contractor shall provide written proof of cost increases with price adjustment request. 5.3 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 Agreement to expire at the end of the Agreement term. If the City elects not to exercise the renewal option, the Purchasing Division will issue a new solicitation. 5.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 5.5 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. 5.6 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. 5.7 Goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to the Purchasing Manager. 6.0 COOPERATIVE PURCHASING 6.1 Should other governmental entities decide to participate in this Agreement, Bidders,shall indicate in their bid response whether they agree that all terms, conditions,specification, and pricing would apply. 6.2 If the successful Bidder agrees to extend the resulting Agreement to other governmental entities, the following will apply: Governmental entities within utilizing agreementswith the City of Fort Worth will be eligible, but not obligated, to purchase material/services under this Agreement(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth will be billed directly tothat governmental entity and paid by that governmental entity. The City of Fort Worth will not be responsible for another governmental entity's debts. Each governmental entity will order its own material/services as needed. 7.0 INSURANCE REQUIREMENTS 7.1 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 within five (5) calendar days of notification. 7.2 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 RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 4 of 45 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%. 7.2.1 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. 7.2.3 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. 7.2.4 The Contractor shall furnish the Purchasing Manager, with a certificate of insurance documenting the required insurance prior to the commencement of services. 7.2.5 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. 7.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). 8.0 ADDITIONAL INSURANCE REQUIREMENTS 8.1 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. 8.2 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 RFOt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 5 of 45 insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division 200 Texas Street Fort Worth, Texas 76102 8.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 days notice of cancellation, non- renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event of non-payment of premium. 8.4 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. 8.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 8.6 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. 8.7 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. 8.8 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 8.9 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. 8.10 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. 8.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. 9.0 LAWS, REGULATIONS, AND ORDINANCES 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 tocomply. RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 6 of 45 10.0 QUANTITIES 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. 11.0 PERFORMANCE 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. 12.0 COMPLAINTS 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) calendarday time period may result in the cancellation of the applicable line item(s) in the price agreement. 13.0 METHOD OF AWARD 13.1 Quotes 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. 13.1.1 A responsive bidder is defined to be one who submits a completed quote packet within the stated time deadline and in accordance with the specification. 13.1.2 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. 13.2 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. 13.3 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. 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. 13.4 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 14.0 QUOTATIONS 14.1 Bidders shall submit the following items with their bid.- 14.1.1 id:14.1.1 A completed and signed original Request for Quotations cover page; 14.1.2 A completed and signed original Bid Solicitation form,- 14.1.3 orm;14.1.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A. 14.1.4 A completed Contractor Contact Information Form,Attachment B. RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 7 of 45 14.1.5 A completed and signed original Reference Sheet providing a list of three (3) references, Attachment C. 14.1.6 A completed and signed original Consideration of Location of Bidder's Principal Place of Business,Attachment D. 14.1.7 One copy of all documents listed in section 14.1. 14.2 Failure to submit the items listed in section 14.1 may be grounds for rejection of a quote as non-responsive to the specifications. 15.0 QUESTIONS 15.1 Questions, explanations or clarifications desired by a bidder regarding any partof the bid must be requested in writing from the Purchasing Division by September 4,2018. Request can be sent to the following: 15.1.1 FMSPurchasingResponses(cDfortworthtexas.gov 15.1.2 City of Fort Worth Purchasing Division Attention: Jane Rogers - Reference RFQt 18-0463 200 Texas Street, Fort Worth, Texas 76102 15.1.3 Facsimile: (817) 392-8440, Attention: Jane Rogers RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 8 of 45 CITY OF FORT WORTH, TEXAS 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. GOVT 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 5.0 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. 5.1 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non- payment. 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) 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. RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 9 of 45 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 eq u ity. 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 RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 10 of 45 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 RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 11 of 45 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. RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 12 of 45 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 UCG 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. RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 13 of 45 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 Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 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. RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 14 of 45 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. RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 15 of 45 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. RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 16 of 45 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 Forms CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/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 N/A in each of the areas on the form. However, a signature is required in the#4 box in all cases. RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 17 of 45 CONFLICT OF INTEREST (QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by KB, 29,84th Leg., Regular session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, by a vendor who 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(x). By law this questionnaire mast be filed with 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 Govemment Cade. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Govemment Code.An offense under this section is a misdemeanor. t Name of vendor who has a business relationship with local govemnwrital entity. Check this box if you are filing an update to a previously filed questlonnahe. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day atter the date on which you became aware that the originally filed questionnaire was incomplete or inaccwate.) 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 0) 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 itis local government officer named in this section receiving or likely to receive taxable income,other than investment incoine,from the vendor? EJ Yes E-1 No B_ Is the vendor receiving or likely to receive taxable income,other than investment incorro.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 E-1No 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 F] No D. Describe each employment or business and family relationship with the local government officer named in this section. l SWAll"of vendor do"businass with Inti.►gomnmeniai wiity Date Adopted 817120 t 5 RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 18 of 45 ATTACHMENT B—CONTRACTOR CONTACT INFORMATION Contractor's Name: Contractor's Local Address: Phone: Fax: Email: Name of persons to contact when placing an order or billing questions: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Signature Printed Name Date RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 19 of 45 ATTACHMENT C-REFERENCE SHEET Please complete and return this form with your bid. The Contractor 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 RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 20 of 45 ATTACHMENT D -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) RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 21 of 45 ATTACHMENT—E NO BID SHEET FOR BID NO. 18-0463 If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to: Jane Rogers, Buyer Purchasing Division City of Fort Worth, 200 Texas Street Fort Worth, Texas 76102 Fax No. 817-392-8440 E-mail address:jane.rogers@fortworthtexas.gov Please check the items that apply: 71 Do not sell the item(s) required. Cannot be competitive. Cannot meet the Specifications highlighted in the attached Bid. Cannot provide Insurance required. Cannot provide Bonding required. Cannot comply with Indemnification requirements. Job too large. Job too small. Do not wish to do business with the City. Other reason. Company Name: Authorized Officer or Agent Signature: Telephone: ( ) FAX Number: ( ) RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 22 of 45 ATTACHMENT—F HOW TO REGISTER WITH THE CITY OF FORT WORTH ! Visit FORTWORTHTEXAS.GOV ff Scroll to the purple section at bottom of page I[ Under Business, click Contractors L Click Register as a Contractor(right side under BuySpeed Online) E After reading, click Next step i Review Contractor Terms &Conditions B 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.gov or(817) 392-1982!1 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. E 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 PurchasingBSO(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.gov/purchasing/, click on the link titled "Automated Clearing House Setup", download, complete and submit the two ACH forms. RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 23 of 45 ATTACHMENT—G DETAILED SCOPE OF SERVICES/SPECIFICATIONS SEWER VAULT SURFACING REHABILITATION SYSTEM 1.0 INTENT The City seeks quotes from qualified Contractors for sewer vault surfacingrehabilitation system on an as needed basis. PART 1 -SCOPE 2.0 SCOPE 2.0 This section covers the lining and rehabilitation of structures within sanitary and storm water collection systems with the use of a cured-in-place laminated composite bonded to the host structure. It shall be comprised of a three-layered, laminated structural system containing a non-porous membrane layered between two structural layers of woven roving fiberglass. 2.1 All alternative products to be used on this project must be preapproved by the Engineer prior to the bid date. Any alternative product being submitted for pre- approval must provide third party test certification that the product will meet or exceed the physical properties named herein in Section 6.0 G, Table 1. Proposed product and Contractor must also meet or exceed the installation standards, experience and performance qualifications as herein described in this specification. If approved, notice from the Owner/Engineer shall be delivered to all plan holders and potential bidders a minimum of seven calendar days prior to date of bid opening, in the form of a written addendum. 2.2 Any liner product used must provide warranty that infiltration,further deterioration and root intrusion shall be prevented for the warranty period. Said warranty shall be unlimited and non- prorated for 10-year liner materials and labor. 3.0 DESCRIPTION OF WORK A. Liner material and components shall have been custom fabricated to fit the specific configuration of each structure prior to the commencement of the liner installation. Liner shall be of the type that allows rehabilitation of concentric, eccentric or flat top sewer vaults without removing sewer vault ring, top section, flat-top, or corbel. B. Cured-in-place sewer vault (sewer vault) (CIPM) liner shall completely seal the sewer vault,shelf, pipe inlet and outlets, and the lid ring frame in a monolithic method, as required, or as shown on the plans, and that no holes, cracks or seams in the liner are left unsealed, which would allow gases or fluids to flow behind the CIPM sewer vault liner. C. Contractor shall furnish all labor, materials, equipment, and incidentals required to supply and install a chemical resistant CIPM Liner as required or as shown on the plans. D. The CIPM Liner shall be designed and installed to protect concrete, brick and other sewer vault surfaces from corrosion. The CIPM liner product shall be designed to stop infiltration, root intrusion, and further deterioration in the RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 24 of 45 structure. The interior surfaces to be protected shall include the walls, shelves, pipe junctions and the lid ring frame. E. Omission of a specific item or component obviously necessary for the proper installation and functioning of the system shall not relieve the Contractor from the responsibility of supplying that specific item or component at no additional expense to the Owner. 4.0 REFERENCED SPECIFICATIONS The CIPM corrosion resistant liner system shall be manufactured and installed as to be in compliance with the listed minimum values of the applicable American Society for Testing and Materials (ASTM)testing requirements. o ASTM D-638 Tensile Strength o ASTM D-790 Flexural Strength and Flexural Modulus ASTM D-5813 Standard Specification for Cured-in-Place Thermosetting o Resin Sewer Piping Systems 5.0 SUBMITTALS A. The Contractor shall submit for review, complete detailed shop drawings and schedule for all materials furnished under this section. B. The Contractor shall submit for approval all manufacturer warranties for all materials furnished under this section and Manufacturer's certification that the materials supplied are in compliance with this specification. C. The Contractor shall submit for approval, the Manufacturer's Licensee Certification that the Contractor is trained in the installation process and procedures for the proposed liner system under this section. D. The Contractor shall provide a reference list of sewer vault rehabilitation projects that are of the same typical scope of work as this project. Reference shall include: Name and address of Client, project name, contact person, phone, scope including number of structures lined, and gross dollar amount of the project. E. Contractor shall submit the Manufacturer's affidavit showing that the product meets or exceeds the physical properties named herein on Table 1, Test Property Values, and that the CIPM liner material has passed a 30- day chemical immersion test in 20 % sulfuric acid concentration with less than a 20% loss in flexural modulus. PART 2- PRODUCTS 6.0 MATERIALS AND DESIGN GUIDE A. The design guide below for Type 1, II, III, and IV is intended as a general guide for the CIPM liner products, and is not intended to limit the manufacturer's and authorized installer's judgment to use a heavier liner in determining the appropriate thickness and type of liners for individual structures based upon the specific conditions encountered in each structure. Any variation of the liner RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 25 of 45 thickness requirements detailed below in Section 6.0 - B, C, D, and E, shall be approved by the manufacturer in writing, and mutually agreed upon between the Owner and Contractor, prior to commencement of the work. Variation in liner thickness by the manufacturer or authorized installer will not affect the warranty requirement. The following products have been preapproved for use on this project. 1. Triplex Liner System as manufactured by McNeil Technologies Inc. and installed by Infrastructure Rehabilitation USA, Inc. B. Type 1: In structures up to 8 feet in depth (depending on specific local conditions), the liner shall be not less than a three-layered composite system (see table 1 below). Layer #1 is 12-oz. structural fiberglass impregnated with a modified epoxy resin and bonded to the existing substructure. Layer #2 is to be a gas and liquid impermeable membrane of special non-porous materials, bonded to layer #1 and layer #3. Layer #3 will consist of 12-oz.structural fiberglass saturated with epoxy and bonded to the non- porous membrane, forming a smooth interior wall to the host structure. The non- porous water and gas shield shall be imbedded between the structural layers of epoxy-fiberglass to guard against nicks, tears and damage to the gas protection membrane. C. Type II: In structures up to 13 feet deep (depending on specific local conditions), the liner shall be a three-layered composite system (see table 1 below). Layer#1 is 18-oz.structural fiberglass impregnated with a modified epoxy resin and bonded to the existing substructure. Layer#2 is to be a gas and liquid impermeable membrane of special non-porous materials, bonded to layer#1 and layer#3. Layer#3 will consist of 18-oz. structural fiberglass saturated with epoxy and bonded to the non-porous membrane, forming a smooth interior wall to the host structure. The non-porous water and gas shield shall be imbedded between the structural layers of epoxy-fiberglass to guard against nicks, tears, and damage to the gas protection membrane. D. Type III: In structures from 13-30 feet, (or with site conditions requiring structural enhancement), the liner shall be a three-layered composite system (see table 1 below). Layer #1 will be a 24-oz. Structural fiberglass impregnated with modified epoxy resins and bonded to the existing substructure. Layer #2 is to be a gas and liquid impermeable membrane of special non-porous materials, bonded to layer #1 and layer #3. Layer #3 will consist of a 24-oz. Structural fiberglass saturated with epoxy and bonded to the non-porous membrane, forming a smooth interior wall to the host structure. The non-porous water and gas shield shall be imbedded between the structural layers of epoxy-fiberglass to guard against nicks, tears, and damage to the gas protection membrane. E. Type IV: In structures deeper than 30 feet or for portions of structures deeper than 30', use 11600 for additional depths, (or with site conditions requiring additional structural enhancement), the liner shall be a five-layered composite system (see table 1 below). Layer #1 will be (2) 24-oz. structural fiberglass layers impregnated with modified epoxy resins and bonded to the existing substructure. Layer #2 is to be a gas and liquid impermeable membrane of special non-porous materials, bonded to layer #1 and layer #3. Layer#3 will consist of(2)24-oz. structural fiberglass layers saturated with epoxy and bonded to the non-porous membrane, forming a smooth interior wall to the host structure. The non-porous water and gas shield shall be imbedded between the structural layers of epoxy-fiberglass to guard against nicks, tears, and RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 26 of 45 damage to the gas protection membrane. There is no minimum or maximum sewer vault depth limit on this liner. F. The CIPM liner shall be constructed such that the non-porous PVC inner membrane is protected from damage by the use of a structural fiberglass and epoxy layer on both sides. This inside surface protective layer is to protect the CIPM liner from impact damage e.g. nicks from rudders and root cutters, hydro- vacuum nozzles, inspection cameras, survey equipment, and construction techniques used in pipeline rehabilitation. The non-porous PVC membrane shall not be exposed on the inside of the sewer vault. The importance of this protective layer cannot be overemphasized to protect the sewer vault from sulfides and other gases penetrating through nicks and cuts in an unprotected membrane. This CIPM liner must be impervious and without pinholes that will allow hidden corrosion on the concrete behind the liner, which can cause the eventual failure of the liner and the sewer vault. G. The CIPM Lining System shall be applied by a manufacturer certified Licensed Installer and shall be installed in strict accordance with Manufacturer's specifications. Liner Installer shall be trained in handling and application of the materials, and will custom fit the liner to the sewer vault in order to protect the concrete and brick surfaces from sewer gases. TABLE 1, Test Property Values The Manufacturer must provide an affidavit certifying that the liners to be installed will meet or exceed the following test values. Materials Section Type I Type II Type III Type IV ASTM-D-790 Flexural 15,000 psi 18,000 psi 22,000 psi 28,000 psi Strength Flexural 700,000 psi 800,000 psi 900,000 psi 1,000,000 psi Modulus ASTM-D-638 t I Tensile Strength 1 5,000 psi 8,000 psi 12,000 psi 20,000 psi PART 3—INSTALLATION 7.0 STRUCTURE PREPARATION-CIPM REHABILITATION A. The Contractor shall remove and replace and/or make grade adjustment to ring and cover as needed, prior to the installation of the liner system. B. Contractor will perform preliminary cleaning the structure with a high- pressure waterjet blast at a minimum of 4,000 psi with a rotating pencil tip nozzle to prepare the structure for any necessary grouting or other preparation. C. The Contractor shall remove the existing sewer vault steps. The metal portion of all steps will be removed flush with the sewer vault interior wall surface, and any remaining holes are to be patched flush prior to applying the CIP sewer vault RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 27 of 45 rehabilitation system. The final coated surface shall have a smooth uniform appearance. D. Prior to patching severe defects in the sewer vault, all loose and deteriorated material shall be removed and disposed of by the contractor. The bench areas shall be repaired as and contoured to promote hydraulic flow. The prepared surface of the shelves shall be smooth and shall be sloped to allow for all bench areas to drain to the pipe invert. E. Sewer vault chimney, wall and shelf repair shall include plugging, and/or patching as necessary, with specified grout, plugging or patching compounds, hydraulic and/or Type II Portland cement or equal. F. All active hydrostatic water leakage shall be stopped within four (4) inches of where the liner will end around pipes or the shelf area in accordance with manufacturer's instruction. G. Contractor shall plug the inlet pipe, inspect for infiltration leaks around the inlet and outlet pipes as well as in the invert channel. All leaks present shall be stopped by the use of chemical foam grout injection with Avanti 202 or equal and/or by the use of hydraulic cement. After stopping leaks with chemical grout, hydraulic cement shall be used to refinish the surface where the leak was occurring. H. All cracked or disintegrated material shall be removed from the area to be patched exposing a sound substrate. Patches of filling of voids shall be allowed to cure according to the manufacturer's specifications before continuing with the CIPM rehabilitation process. I. Contractor shall remove any internal drop pipes to within 2 inches of the wall. All other incoming laterals shall be trimmed within 2 inches of the interior wall and sewer main line inlet and outlet openings shall be properly trimmed within 4 inches of the wall in areas where such pipes protrude above the benches that form the invert channel. All incoming and outgoing lines shall be grouted with an approximate 600 taper with hydraulic cement, Portland type 11 cement, or 50/50 combination of hydraulic and Portland, forming a filet (not less than a 6 inch radius) between the structure wall and each pipe. Such application of grout shall extend at least four inches from the outlet onto the wall area making a smooth transition for the liner connection to the pipe openings.(After CIP lining installation all internal drop pipes are reinstalled.) J. Prior to liner installation, Manufacturer's Authorized Installer shall clean all surfaces of the host structure with a high-pressure sprayer having an operating pressure of at least 4,000-psi with a rotating pencil tip nozzle. After pressure cleaning, installer may clean structure with degreaser or other solvents as needed to remove any film or residue on the surface. Structure shall then be pressure rinsed with clean water. 8.0 CIPM LINER INSTALLATION Manufacturer's authorized licensed installer shall typically install the CIPM liner with simultaneously combined air pressure and steam heat injection, except where jobsite conditions restrict use. The liner may also be installed with or without other heat methods including ambient curing under longer periods of time in accordance with the manufacturer's written instructions. Epoxy resin as specified herein does not have a flash cure, but rather is typically a condition of liner thickness, time and temperature. Hand applied fiberglass and epoxy application shall not be accepted. Installer shall line sewer RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 28 of 45 vault shelf/bench areas and pump station floors with CIPM Liner System materials that have been saturated with the epoxy resin and placed in the bottom to extend approximately three inches up the wall section, so as to overlap with the liner wall section. The CIPM Liner shall be made longer than the structure to overlap and reinforce the bench/floor transition area, providing overlap and double liner thickness in the critical corner section where the wall meets the bench. 9.0 FINAL INSPECTION AND ACCEPTANCE A. The installation of the approved liner system shall be in strict accordance with the manufacturer's written instructions. Contractor may submit alternate thicknesses as per the manufacturer's recommendations. The work shall include re-grouting all inlet and outlet lines and benches, as needed, including all preparation, installation, curing and finish operations for the complete rehabilitation process. The liner shall be installed and cured-in- place via a simultaneous pressurization blower system with steam heat injection, or other manufacturer approved process. The curing process will be typically completed in sewer vaults in approximately two hours. Inlet and outlet lines must be reopened within one hour from the time the curing process is completed. B. The CIPM lining of the structure shall result in a monolithic structure, bonded to the contours of the existing host structure. The liner shall be adequately bonded to the interior structure surface, and be completely water tight from the ring and cover area to the transition area where the shelf and invert channel connects, including completely sealing the sewer vault wall and shelf areas to the inlet and outlet pipes. C. Qualification testing of the CIPM liner materials shall have been completed prior to installation. The initial structural properties shall meet or exceed the properties shown in Table 1.Any pertinent qualification testing shall be completed according to ASTM D 5813 as agreed upon between the owner and manufacturer. D. Cleaned Structure--All surfaces of the host structure shall be clean to the concrete substrate, acceptable to the owner/inspector and ready to receive the liner. E. Resin Quantity--The liner manufacturer shall provide a tag on each CIPM liner indicating the amount of catalyzed resin necessary for impregnation purposes in order to meet structural properties. This will be acceptable with a tolerance variation of plus or minus 5%. F. The completed installation should be visually inspected to assure that dry spots are not present in the finished liner. This can also be accomplished by closed circuit television if usual inspection cannot be accomplished. No infiltration of groundwater should be observed coming through the CIPM liner or coming out at any place where the liner ends. G. Curing logs shall be filled out and kept on every structure that is lined. Such curing forms shall be provided by the manufacturer, and shall be maintained for the duration of the 20-year warranty period. PART 4—WARRANTY 10.0 TEN YEAR WARRANTY A. All approved products must provide a ten-year performance limited warranty that the installed product will: RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 29 of 45 1. Stop deterioration of the lined surfaces by sewer gas induced corrosion. 2. Prevent infiltration of ground water into the collection system through the lined surfaces. 3. Stop root intrusion through the lined surfaces. 4. During the ten-year warranty period if the rehabilitation component, fails, delaminates, peels or shows any defect, which may materially affect the integrity, strength, function and/or operation of the sewer vault structure, it shall be immediately repaired at the Contractor's expense. 5. The cured-in-place liner system shall be flexible, and have an elongation sufficient to bridge up to a '/4-inch settling crack, without damage to the lining. The liner shall be able to bridge expansion cracks that may occur. 6. The cured-in-place liner system shall be repairable at any time during the life of the structure, with the same type of liner system materials used in the original installation, including repair or lining of the upper chimney portion where grade adjustments have been made. Repair/lining materials shall be of the type that will bond to the original liner materials. PART 5—MEASUREMENT AND PAYMENT 11.0 MEASUREMENT A. Measurement for rehabilitated sewer vaults shall be per vertical foot for each designated diameter and shall be measured from the top of the bench to the top of the frame. 12.0 PAYMENT A. PAYMENT 1) The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement" will be paid for at the unit price bid per vertical foot of"Sewer vault Liner'applied. Payment will be made under based upon cost per vertical foot of rehab/repair(VF) at 48" Dia. Sewer vault or cost per VF at 60" Dia. Sewer vault. 2) The price bid shall include: Traffic Control and Safety Surface preparation, furnishing and installing patching, coatings and liner systems as specified by the Drawings Bypassing of flow or flow thru plugs Hauling and Disposal of excess material Clean-upTesting END OF SECTION RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 30 of 45 ATTACHMENT B CONTRACTOR'S RESPONSE TO ITB DFW Infrastructure,Inc. Page 11 of 12 Contractor Services Agreement FORTWORTH. REQUEST FOR QUOTATIONS Purchasing Division 200 Texas Street, Fort Worth, Texas 76102-6311, Fax: 817-392-8440 RFQUOTE NO: 18-0463 QUOTE FOR: SEWER VAULT SURFACING REHABILITATION SYSTEM BID OPENING DATE: FRIDAY, SEPTEMBER 7, 2018 @ 1:30 PM BUYER: JANE ROGERS EMAIL: FMSPurchasingResi2onsesl2fortworthtexas.gov INSTRUCTIONS TO BIDDERS Quotes are solicited for furnishing the merchandise, supplies, services and/or equipment set forth. Completed Quote must be received in the Purchasing Division,200 Texas Street,Fort Worth,Texas 76102 by the above"quote deadline_" Quotes may be submitting electronically(email)or faxed to 817-392-8440,addressed to the above Buyer, City of Fort Worth and have the bid number and opening date clearly marked on the fax cover page. Late quotes will not be considered for award unless bidders are notified otherwise. Quotes may be withdrawn at any time prior to the official opening by written notification. Quotes may not be altered,amended or withdrawn after the official opening. • Your quote must be submitted on this form. • Freight and all other delivery charges shall be included in the unit price(s)bid. • The City is exempt from Federal Excise and State Sales Tax,therefore,tax must not be included in the quote price. Items quoted must meet or exceed City of Fort Worth Specifications; however, The City of Fort Worth may consider and accept alternate bids if specified herein when most advantageous to the City. The City reserves the right,however, to hold to City Specifications and to determine"or equal"status.The City reserves the right to accept or reject in part or whole any quote submitted,and to waive any technicalities for the best interest of the City. The undersigned agrees, if the quote is accepted, to furnish any and all items upon which prices are offered, at the price(s)and upon the terms and conditions contained in the specifications. The period for acceptance of this proposal will be calendar days(90 calendar days unless a different period is inserted by the bidder)after opening date. Will agreement be available for Cooperative Agreement use? (See Section 6,Page 4)Yes x No City of Fort Worth Standard Terms and Conditions Shall Apply Company Name QUOTE EVALUATION &Address(Please write legibly). The quote award shall be based on, but not DFW Infrastructure, Inc. necessarily limited to,the following factors: 1. Unit Price 7500 Rosewood Ave., Fort Worth, TX 761162. Total Quote Price 3. Terms and Discounts Telephone no. (AC 817-147-7177 4. Delivery Date 5. Results of Testing Samples Fax no. ( ) 6. Special Needs and Requirements of the City 7. Past experience with product/service Name Donna M. Brown 8. Contractor's past performance 9. ity's evaluation of the Contractor's responsibility SignaturEt Demurrage charges,freight costs and mileage 11. Estimated cost of supplies,maintenance, storage Title&Date President 9/5/18 12. Estimated Surplus value E-mail Address donna@dfvvinfrastructure.com RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 1 of 45 Page 1 of 2 BID SOLICITATION Printed:08/28/2018 BID OPENING DATE AND TIME: 9/7/2018 1:30:00 PM BID NUMBER: 18-0463 BUYER:Jane Rogers PHONE#: (817)392-8385 DELIVERY REQUIRED:911/2018 E Vendor Name: DFW Infrastructure, Inc. H City of Ft worth N Address: 1 1608 11 TH AVENUE D 7500 Rosexood Ave, P FORT WORTH TX 76102 R City,State Zip Code: Fort Worth,TX 76116 T O Item Class-Item Quantity Unit Unit Price Total 2.000 The City of Fort Worth is seeking quotes from qualified Contractors for an annual Agreement for Sewer Vault Surfacing Rehabilitation System 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 price shall include all costs associated with the specified goods and services,including but not limited to handling,delivery,fuel charges,fees and certification fees.No additional charges will be accepted or paid by the City. 1.000 Mobilization,Demobilization and Bonds 10 EA 1,000.00 10,000.00 3.000 Realign and Grout Casting 10 EA 499.00 4,990.00 4.000 Repair Chimney/Cone 10 EA 1,125.00 11,250.00 5.000 Clean Sewer Vault,Remove any Roots,Repair as needed and Epoxy 10 FT 399.00 3,990.00 Coat or Cured In Place Sewer Vault Liner Rehab 6.000 Sewer Vault Wall Lift Holes and Coat Repaired 10 EA 499.00 4,990.00 7.000 Clean Sewer Vault,Repair Pipe Seal and Coat area 10 EA 499.00 4,990.00 Page 2 of 2 BID SOLICITATION Printed:08/28/2018 BID OPENING DATE AND TIME: 917120181:30:00 PM BID NUMBER: 18-0463 BUYER:Jane Rogers PHONE#: (817)392-8385 DELIVERY REQUIRED:9/7/2018 EVendor Name: DFW Infrastructure, Inc. H City of Ft Worth NAddress: 7500 Rosewood Ave. 7500 Rosewood Ave. 1608 11TH AVENUE D P FORT WORTH TX 76102 R City,State zip Code: Fort Worth, TX 76116 T 0 Item Class-Item Quantity Unit Unit Price Total 8.000 Cured in Place Sewer Vault Liner(CIPM) 20 FT 399.00 7,980.00 TOTAL: 48,190.00 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: DEW Infrastap1gre, Inc. DELIVERY: 10 days SIGNATURE: W__ TELEPHONE NUMBER: 817-447-7177 NAME AND TITLE: Donna Brown. President CONFLICT OF INTEREST QUESTIONNAIRE FORM CiO For vendor doing business with local governmental entity This questionnaire rehlects changes made to the taw by KIL 27.84th leg., Regular session. OFFICE USE ONLY This questionnaire is being tiled in accordancewith Chapter 176,Local Government Code. by a vendor who has a businoss relationship as dotirned by Section 176.001(i-a)with a local governmental entity and tate vendor meets requirements under Section 176,006(a). By law this quesborvtaua must be filed with the records administrator of the local gorerrunental 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. t Name of vendorwho has a business relationship with local governmental entity. None 21 Lj Check this box if you are filing an update lea previously filed questionnaire, { (The law requires that you file an updated completed questionnaire with the appropriate tiling authority not Later than the 7th business day after to date on which you became aware that the originalty filed questionnaire was incomplete or inaccurate.) 3 { Name of local government aftltrsr about wham the tnfotmattan to this section is being distiosed. i( Name of Officer This section(item 3 including subparts A, 8,C,$01 must be completed tot each otficer with whom the vendor has an employment or other business relationship as defined by Section 178.001(1-a),Local Govemment Coda. Attach additional pages to this Form Cit]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? F] yes � No 8. is the vendor receiving or likely to receive taxable income,odwr 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? 1 QYes Q No C. is the filar of this questionnaire employed by a corporation or other business entity with respect to which tine local government officer serves as an officer or director.or holds an ownership interest of one percent or more? s a Yes F7No D. Describe each employment or business and family relationship with the local government officer named in this section. 9/5/18 { signature of vendor ON twsiness wdn the gamnmental W%W Date -- — Adopted aIMI5 RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 18 of 45 ATTACHMENT B—CONTRACTOR CONTACT INFORMATION Contractor's Name: DFW Infrastructure, Inc. Contractor's Local Address: 7500 Rosewood Ave., Fort Worth, TX 76116 Phone: 817-447-7177 Fax: Email: donna@dfwinfrastructure.com Name of persons to contact when placing an order or billing questions: Namerritle Meudis Zamora/Superintendent (Orders) Phone: 214-300-9915 Fax: Email: meudis@dfwinfrastructure.com Name/Title Donna Brown/President (Billing) Phone: 817-825-8494 Fax: Email: donna@dfwinfrastructure.com Namerfitle Phone: Fax: Email: V� onna M. Brown 9/5/18 Signature Printed Name Date RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 19 of 45 ATTACHMENT C -REFERENCE SHEET Please complete and return this form with your bid. The Contractor 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 City of Fort Worth Name of Contact Bill Lundvall Title of Contact Water Systems Superintendent Present Address 1608 11th Avenue City, State, Zip Code Fort Worth,TX 76102 Telephone Number ( 817-906-5848 Fax Number( ) Email harry.lundvall@fortworthtexas.gov 2. Company's Name Circle C Name of Contact Terri Skelley Title of Contact Present Address PO Box 40328 City, State, Zip Code Fort Worth, TX 76140 Telephone Number ( ) Fax Number( ) Email t.skelly@circlecconstruction.com 3. Company's Name Nelcon Name of Contact Sam Weyers Title of Contact Vice President Present Address 304 Jellison Rd. City, State, Zip Code Kalispell, MT 59903 Telephone Number ( 406-7$6-8560 Fax Number( ) Email sweyers@nelcon.biz RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 20 of 45 ATTACHMENT D -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: 7500 Rosewood Ave., Fort Worth, TX 76116 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%] goo 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees?- 6 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)?J(d, Dad ti� 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. DFW Infrastructure, Inc. 9/5/18 (Company Name) (Date) 71C \, Lf��� Donna Brown, President (Signature) (Printed Name and Title) RFQt-A 18-0463 Sewer Vault Surfacing Rehabilitation System Page 21 of 45 FORT February 27, 2018 Mr. J B Conant DFW Intrastructure, Inc. P O Box 7347 Fort Worth, TX 76111 PREQUALIFICATION TO BID CITY OF FORT WORTH WATER DEPARTMENT PROJECTS Dear Mr. Conant: Thank you for your submittal of information and data toward prequalification to perform our work. We are pleased to advise that your prequalification has been finalized. A bid limit$13,458,146.00 has been established for your organization based on the financial data submitted. Your firm is prequalified to perform the following work: -- Miscellaneous work restricted to Rehabilitation of sanitary sewer manholes and junction structures with Watten Environmental System, CCTV Inspection The prequalification and bid limit established above will remain current through 1/31/2019 This date was established to be sixteen (16) months from the date of the most recent financial statement received, unless rescinded for cause. Should you desire prequalification in the future beyond the aforementioned, submittal of updated financials, work experience, and equipment list will be necessary for this department to establish a new bid limit. Please be advised that the plans and documents for the work to be performed must be submitted to and approved by the City of Fort Worth Water Department. We appreciate your interest in our work and should you have some question in this or other matters within our purview, please do not hesitate to contact Mr. John Kasavich at(817)392-8480 or Norma Sauceda at(817)392- 6055. Yours very truly, MAIL TO: John Kasavich, P.E. s Fort Worth Water Department Engineering &Regulatory Services `o rChris Harder, P.E. 200 Texas Street Assistant Director Fort Worth, TX 76102 Fort Worth bcftd WATER DEPARTMENT AIIM�erlcarC�n� ENGINEERING AND REGULATORY SERVICES €i THE CITY of FORM'WOR'T'H * 1000 THROCKWORTON STREET * FORT WORTH,TEXAS 76102 111666���EEE"' 817-392-8240 * Fax 81 392-8195 . f..3 I'rin[ed on recycled paper 1964 1993•2011 DFW INFRASTRUCTURE, INC. INFRASTRUCTURE, Inc. Environmental Services performed by experienced WBE Firm DFW Infrastructure,Inc.was established February 7,2002 in Texas to meet the need for a Women Business Enterprise(WBE)in the wastewater maintenance industry.DFW was founded on the basis of a commitment to.exceed customer expectations and providing exceptional customer service before,during and after each project.DFW employs a staff of highly capable,cross-trained operators and is a 100%woman owned,small business enterprise(SBE)and Texas certified HUB firm. We have offices in Fort Worth,TX&San Antonio,TX. We strive to offer the highest quality and state-of-the-art services and solutions to our clients. WASTEWATER INSPECTION,CONDITION ASSESSMENT AND MAINTENANCE SERVICES CCN&Cleaning and NASSCO PACP Defect Coding—Video pipe inspection analysis captured through CCN. We offer NASSCO PACP defect coding to assist with prioritization of repairs. MSI Inspections of large diameter pipes- MSI(Multi- Sensor Inspection)Large Diameter Pipe Inspection(CCN, Sonar,LiDar) I r t ' Sewer Lateral Inspections- Specialized inspection equip- l F ment to inspect the sewer laterals from the mainline. Flow Monitoring Services -DFW provides field services to i support sewer system evaluations,capacity analysis and 1/1 reduction programs when you need temporary flow monitoring within priority basins in a collection system. Scopes typically include flow me- ters and rain gauges for a period of two to three months. DFW can provide site evaluations,install the meters and rain gauges,calibrate and maintain the meters and provide Final Reports and daily data via a dedicated Web Portal. SmartCover Systems-DFW installs and maintains the"real time"monitoring of system manholes that helps guard against and prevent sewer spills(SSO's),reduce collection system cleaning frequency and detect sources of I&I. Smoke Testing—Reverse rainfall simulation to identify where clean water(groundwater/rainfall)can enter a collection system. Manhole Inspections —Manhole inspections to identify defects that allow 1/1 into the collection system. Prioritization of manhole conditions for Rehabilitation Plans and Capital Improvements. Digital 3D inspections are available using state of the art equipment. NASSCO MACP Defect coding is available. Structural Corrosion Resistant Epoxy Coating to Protect/Rehab Your Infrastructure DFW is a licensed installer of the Warren Environmental System(WES)structural and corrosion resistant 100%solids epoxy coating system. WES successfully tested by US Navy,UT Arlington and Univ.of Houston CIGMATI Protective Liner System for New Concrete Manholes and WW structures-S301 has been used to seal and protect thousands of wastewater structures from H2S gas and corrosion adding many years of service life. Structural Epoxy Coatings for Manholes,Wet Wells and WWTP structures-S301 has been used to rehabilitate thousands of brick and concrete manholes,wet wells,and other wastewater structures across the U.S. Epoxy Coatings of Water Pipes and Structures-5301-01 is a high build 100%solids epoxy that has met the National Sanita- tion Foundation(NSF)standard 61 for use in potable water immersion. Can be applied in tanks,pipelines,and other water treatment facilities.Handspray and spincast structural liners into failing pipes and tunnels. Epoxy Coating of Pipes: Concrete(RCP,PCCP)Sewer,Raw Water and Stormwater Pipes including Carbon Reinforced Liners, CIPP Liners and structural repairs- WES can be applied by itself or carbon material to rehabilitate infrastructure and provide significant remaining useful life at a fraction of replacement cost. Flexible Joint Seals of 42"and larger Concrete Pipes. Selected Client References(full reference list upon request): WBEISBE/DBE Minority Certifications: Insituform - various projects throughout Texas,St.Louis,MO NCTRCA(TX) - North Central Texas Regional Certification Agency Alan Plummer&Associates - Trinity River Authority(TRA) SCTRCA(TX) - South Central Texas Regional Certification Agency Ace Pipe Cleaning,Inc. - Dallas,Fort Worth,San Antonio,TX(SAWS) WBENC(National)- Woman Business Enterprise National Council Halff&Associates -Trinity River Authority(TRA) Nashville(TN) - Metropolitan Government of Nashville Carter Burgess- DFW Dallas/Fort Worth International Airport Missouri (MO) - Woman Owned Business Enterprise RJN Group - Fort Worth,Irving,N.Richland Hills,San Antonio(SAWS) A Texas certified HUBZONE company •m or contact J.E.Conant. .0 • @• 301FWarren Environmental,Inc. REV 3.10.17 Warr �o� -14 Technical Data 1 4100% Solids Epoxy System 100%Solids Epoxy Lining System for Structural Rehabilitation in Harsh W A R R E N Environments E N V I R O N M E N T A L DESCRIPTION: Adheres to a variety of Liquid Properties A two part, highly thixotropic epoxy substrates Viscosity 90.000-120.000 r system formulated for spraying with Thixotropic Index S.0-6.0 Adheres well to dry or wet Warren Environmental, Inc.'s patented substrate Specific Gravity 1.162 meter/mix spray equipment. Flash Point(Closed cup) >235°F Excellent cure in high humidity Color Varies CHARACTERISTICS: Formulated with special additives and Excellent cure at low Geltime(2008@77°F) 2 Minutes modifiers to enhance the water temperature Thin Film Set(@ 77'F) 2 Hours resistance,chemical resistance, and Thin Film Set(@ 40°F) 8 Hours bond strength to a variety of substrates long open time for efficient to as well as its own internal strength. pcoating Physical Properties(1/8"Casting) The high thixotropic index allows for up 100%solids Tensile Strength ucrroanm 7000 psi to a%"build-up on vertical surfaces Flexural Strength(m-rmD,ww 11,000 psi without sag. 0%VOC's Flexural Modulus @0.100' (ASTM 0790-86) 500,000 psi APPLICATION: Ready-to-use Compressive Strength 12,000 psi Designed for use with Warren (DO NOT THIN) Glass Transition Environmental's patented meter, mix Two component Temperature(ASTM D341a-82) 151°F and spray equipment. The epoxy Tensile Elongation @ Break 4.8% component utilizes a 2 parts base to 1 Spray/mix with warren Thin Film Set(@77°F) 2 hours part activator mix ratio by volume. This Environmental patented system Shan:D Hardness 83-85 product is sold and installed only by ONLY technicians specifically trained and Chemical Resistance For use with/in corrosive or licensed in our patented techniques. harsh environments Chemical Weight Gain(%) CERTIFICATION: Safe for aquatic life(ASTM E729) Toluene 0.99 4.68 Aquatic Safe ASTM E729 Tested for use with or without 10%Acetic Acid 3.85 Safe for Aquatic Life structural glass and/or carbon 70%Sulfuric Acid 0.13 fiber 50%Sodium Hydroxide 0.09 SPECIAL SAFETY AND HANDLING: Long working time relative to Distilled Water 1.11 There are no special safety or handling cure time Methanol 9.5S procedures beyond those published on the reverse and the Material Safety Excellent water and chemical xylene 0.69 Data Sheets. resistance with ambient cure Butyl CellosDlve 1.18 Methyl Ethyl Ketone 11.19 Achieve high-build thicknesses 10%Lactic Acid 3.24 without sag Bleach 0.93 Single coat system 1,1,1 Trichloroethane 0.43 10%Nitric Acid 2.OS 30%Nitric Acid 4.17 Contact us at: PO Box 1206,Carver,MA 02330 Tel.(508)947-8539 Fax(508)947-3220 www.warrenenviro.com 111 values reported above are typical values,and are r"rted as a means of reference. individual testing should he done to determine actual results,tested at specific conditions. Warren Environmental, Inc. 100% Solids Epoxy System Mission Statement Warren Environmental, Inc, will provide cost-effective coatings and methodologies that lead to permanent time-sensitive solutions meeting the structural rehabilitation needs of their customers. To this end, we pledge to use environmentally friendly materials, train and certify the people installing our products, and provide our customers a worry free experience. StoraLye and Use EPDXY COATINGS: Are supplied in 50 gallon steel drums.The unmixed shelf life is one(1)year from date of purchase when stored indoors in their sealed original containers at a room temperature between 60°F and 80°F.When using this material, it is important to prevent cross contamination of the unused components.To assure proper performance, it is mandatory that the components be correctly identified and the mix ratio cited on the front of this bulletin be strictly followed. CURED IN-PLACE PIPLINING SYSTEMS:this patented system may be provided in several different methodologies depending upon the application and field conditions.Warren Environmental,Inc.requires that these materials be installed by our licensed applicators only.These people are trained by us to address the issues unique to each situation.For more information please contact us. RETURN TO SERVICE:After installation wait until epoxy is fully cured then flush the system with clean water for 1 hour.Wait an additional 48 hours before returning the system to normal service. Gonpr-,l 1;iirt.ira Prpnarptinn GAArlllnr_mc Surfaces to be coated or adhered to should be cleaned of oil,grease, rust, scale, loose dirt and other contaminants that may hinder the adhesion of the epoxy coating to the substrate. In many instances cleaning the area to be coated of tuberculation and debris via scarifiers, sand blasting, or water will be sufficient. In rare instances such as oil covered metal, it may be necessary to treat the area with a solvent based cleaner. It is important to remove all traces of the solvent including fumes prior to applying the epoxy coating to ensure that no pinhole defects develop as the product cures. Concrete should be cured a minimum of 30 days prior to applying coating materials. Please contact us with specific questions regarding your application. Warren Environmental, Inc. warrants only that the product meets that quality and technical standards published in its current literature.Warren Environmental, Inc. cannot be held responsible for circumstances outside of its control including, but not limited to: product application, product handling, product storage, or any other conditions outside of our control. If within one(1)year from date of purchase,any product is proven by accepted industry standard test methods to be defective Warren Environmental, Inc.will, at its sole option, either replace or refund the purchase price of the product. These remedies shall constitute the sole and exclusive remedy for any claim under this warranty.This warranty is in lieu of any other warranties, expressed, implied, or statutory and is strictly limited to its terms. If you witness any unethical or incorrect practices related to the application of any Warren Environmental product please contact us immediately at 508 947 8539 !i AL.WAY3, RREAD SDS;SHiE,ETfS;KFFQRE.W/©;R,IgnINil G;WIIrTHI AuyY pw,,anU1CTr !i Contact us at: PO Box 1206,Carver,MA 02330 Tel. (508)947-8539 Fax(508)947-3220 www.warrenenviro.com kil values reported above are typical values,Anti are reported as a means of reference. Individual testing sbould he done to determine actual results,tested at specific conditions. B2Gnow https://nctrca.niwclbe,coin/Functions/Certification/Common/ViewR.e... Certification: View Certification List ; I Submit Change Request Add Date Alert Vendor Information Business Name DFW Infrastructure, Inc. VendorlD 20009289 Primary Owner's Name Donna M.Brown Ethnic Group Caucasian(White) Gender Female Certification Information Certifying Agency North Central Texas Regional Certification Agency Certification Type WBE-Women Business Enterprise Effective Date 6/1/2017 Renewal Date 10/28/2018 Contact Information Main Company Email donna@dfwinfrastructure.com Main Phone 817-447-7177 Main Fax Main Company Website www.dfwinfrastructure.com Addresses Physical Address 4913 Briar Patch Lane Burleson,TX 76028 Mailing Address P.O.Box 7347 Fort Worth,TX 76111 Business Capabilities Business certified for Pipeline Cleaning and TV Inspection. Full Description of Pipeline Cleaning and TV Inspection. Capabilities/Products Commodity Codes NAICS 541990 Pipeline inspection(i.e.,visual)services(More) Owner Ethnicity and Gender Ethnic Group Caucasian(White) Gender Female Location and Work Districts/Regions County Tarrant(TX) Statewide Work Area Yes Work Districts/Regions 1 of 2 8/29/2018, 12:02 PM 132Gnow https://nctrca.mwdbe-com/Functions/Certification/CommotlNiewRe... Certification: View Certification List ! ; Submit Change Request Add Date Alert Vendor Information Business Name DFW Infrastructure, Inc. VendorlD 20009289 Primary Owner's Name Donna M. Brown Ethnic Group Caucasian(White) Gender Female Certification Information Certifying Agency North Central Texas Regional Certification Agency Certification Type DBE-Disadvantaged Business Enterprise Effective Date 6/1/2017 Renewal Date 10/28/2018 Contact Information Main Company Email donna@dfwinfrastructure.com Main Phone 817-447-7177 Main Fax Main Company Website www.dWnfrastructure.com Addresses Physical Address 4913 Briar Patch Lane Burleson,TX 76028 Mailing Address P.O.Box 7347 Fort Worth,TX 76111 Business Capabilities Business certified for Pipeline Cleaning and TV Inspection. Full Description of Pipeline Cleaning and TV Inspection. Capabilities/Products Commodity Codes NAICS 541990 Pipeline inspection(i.e.,visual)services(More) Owner Ethnicity and Gender Ethnic Group Caucasian(White) Gender Female Location and Work Districts/Regions County Tarrant(TX) Statewide Work Area Yes Work Districts/Regions 1 of 2 8/29/2018, '12:02 PM ATTACHMENT C VERIFICATION OF SIGNATURE AUTHORITY DF W Infrastructure,Inc. 4545 JD Mouser Pkwy. Alvarado,TX 76009 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. 1. Name:,-D� K"-- (1)w.� Position: '� rt Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: 2 Signature of President/CEO Other Title: �(e Date: DFW Infrastructure,Inc. Page 12 of 12 Contractor Services Agreement