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HomeMy WebLinkAboutContract 52179 W R15C�7/V CITY SECRETARY APR 122019 d CONTRACT NO. 5a 179 Qn'SEC;jr0 OR CONTRACTOR SERVICES AGREEMENT MOTORIZED CRANE SERVICES 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 Wildcat Cranes, 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. Exhibit"A"—Specifications for Motorized Crane Service and the ITB pages 1-36; 2. Exhibit"B"—Price Schedule; and 3. Exhibit"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. The terms and conditions presented in the Invitation to Bid ("ITB") are incorporated herein. In the event of any conflict between the terms and conditions of the Exhibits 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 motorized crane services for the City of Fort Worth Departments on an "as needed" basis as specifically described in Exhibits 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 301h, 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 $250,000.00 ("Contract Amount"), for services rendered in a term, in accordance with the unit prices established in Contractor's bid contained in Attachment B and as further provided for herein. The Contract Amount shall not change in any subsequent renewal period, except as provided for below, however Contractor may submit a revised unit price schedule to reflect increased costs, if any, prior to each renewal. Contractor shall not perform any additional services or bill for expenses incurred that are not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any OFFICIAL RECORD Wildcat Cranes,Inc. Page 1 of 13 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 Nori'auaupr priation of Funds. In the event no or insufficient finds are appropriated by City to find 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 Oblieations 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 tennination 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 Intornration 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 Citv. 5. DISCLOSURE OF CONFL[CTS 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 Wildcat Cranes,Inc. Page 2 of 14 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. Suhiect 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 fin- the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Contractor acknowledges that the doctrine of responcleul superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor. Neither Contractor, nor any officers; agents, servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 8. LIABILITY AND INDEMNIFICATION. Primary terms of liability and indemnification are found in file ITS 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 sofhvare 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 Contactor 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, Contactor 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 uou-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 Wildcat Cranes,Inc. Page 3 of 14 Contractor Services Agreement equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Contractor terminate this Agreement, and refund all amounts paid to Contractor by City,subsequent to which termination City may seek any and all remedies available to City,under law. 9. ASSIGNMENT'AND SUBCONTRACTING. 9.1 Assignment. Contractor shall not assign any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If Contractor intends to engage a subcontractor(s) to perform any of its obligations herein, subcontractors) shalt 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 11 B, prior to commencement of any work pursuant to this Agreement: it. COMPLIANCE WITH LAWS ORDINANCES RTJLES 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 111, 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,SU13CONTIZACTORSS 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) Wildcat Cranes,Inc. Page 4 of 14 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: Darla Morales Parts Material Supervisor Wildcat Cranes, Inc. 200 Texas Street Address: 5650 Wilbarger Street Fort Worth,TX 76102-6314 Fort Worth,Texas 76119 Facsimile: (817)392-4956 Email: Darla.Morales.r fortworthtexas.gov Phone: 817-561-9188 With copy to Fort Worth City Attorney's Office at Facsimile: N/A same address Representative:Ronald Wertz-President Email:wildcatcranes a)wiIdeateranes.con) 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 ftiture 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. Wildcat Cranes,Inc. Page 5 of 14 Contractor Services Agreement ..............._.. 19. FORCE MAJEURE. City and Contractor shalt 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 patties 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 anti 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 perfor►n 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 tinder no restraint or order which would prohibit performance of services under this contract. Wildcat Cranes,Inc. Page 6 of 14 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 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be perfornned by any Contractor employee who is not Iegally eligible to perform such services. CONTRACTOR SHALL INllEM:NIFY 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.ITI3, Part 1V, 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 it "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 si-nature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit `Z". 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 continence 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. Wildcat Cranes,Inc. Page 7 of 14 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 oI'the contract. 'rhe 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) Wildcat Cranes,Inc. Page 8 of 14 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: —1(,e X By: Name: Ronald W. Wertz Assistant City Manager Title: Owner/President Date: l� r, Date: .la nuary 31 2019 ATTEST: �y By:_ f ity e r t�y •,�, APP VED T FORM AND LEGA' rt*:-- By: _._ _ Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: By: _�--�C? l/L Name: Ck-6,5 et,rct-2-- Title: b►r..e._c.;� CONTRACT AUTHORIZATION: M&C: - I Lz- I Date Approved: 1 S� 12954: CONTRACT COMPLIANCE.MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contr , .ncluding ensuring all performance and repor �lg re uirel ts. 12 Icy: me: _Darla Morales Title: Parts/Material Supervisor Wildcat Cranes,Inc. Page 9 of 14 Contractor Services Agreement OFFICIAL RECORD CITY SECRETARY FT WORTH, TX FX111BUr A SPECIFICATIONS FOR MOTORIZED CRANE SERVICE 1.0 jNTE14T-The intent of these specifications is to describe the minimum requirements of an annual agreement to provide motorized crane service for the City of Fort Worth ("the City"). 2.0 PURPOSE-The purpose of this agreement is to provide crane service for the lifting and placing of large pieces of equipment as a part of the maintenance of City facilities and operations. 3.0 SCOPL—The work to be performed consists of furnishing equipment, materials and operators for motorized crane service at various sites as called for and directed by authorized employees of the City of Fort Worth. Services may be required at any time within a twenty-four(24) hour period and may continue past the normal eight(8) hour work shift. 4.0 NOTIFICATION—The successful bidder, hereinafter called "Contractor",must respond within eight(8) hours of request for service by an authorized City employee and shall respond by furnishing such equipment, materials and operators to the location requested by the City of Fort Worth. The City will provide a list of names of employees authorized to request service to the successful bidder. 5.1 F.QUIPMENT—All equipment shall be provided fit for its intended purpose,fully maintained and fully fueled. All equipment shall have operational lights and safety devices. All operational personnel for the type,size and intended use of crane shall be provided (Supervisor, Riggers,Flaggers,support labor, etc.)Also, include all necessary Permits. 5.2 The minimum specifications for equipment required shall be as follows: 5.2.1 26-ton capacity motorized crane and personnel. 5.2.2 40-ton capacity motorized crane, personnel and permit. 5.2.3 60-ton capacity motorized crane, personnel and permit. 5.2.4 75-ton capacity motorized crane, personnel and permit. 5.2.5 90-ton capacity motorized crane, personnel and permit. 5.2.6 120-ton capacity motorized crane,personnel and permit. 5.2.7 200-ton capacity motorized crane, personnel and permit. 5.2.8 350-ton capacity motorized crane, personnel and permit. 6.0 Bidders shall attach,to their bids, an inventory of motorized crane equipment available in addition to the units specified above and the hourly rates for such equipment(including personnel and any necessary permit)as additional available equipment under the agreement resulting from this bid. 7.0 TIME_—Time for equipment and operators will be actual time worked to the nearest one- quarter(1/4) hour. Time will not be charged to the City for breakdowns, Contractor's delays,or servicing delays. 7.1 Bidders shall state the minimum required number of hours. If no minimum number of hours is required, bidders shall enter a zero("0")on the appropriate line of the Bid Solicitation Sheet. 7.2 Bidder shell not charge for overnight when the unit is 8.0 HOURS OF SERVICE—Regular hours shall be from 7:00 A.M.to 4:00 P.M., Monday through Friday. Work may continue past a normal eight(8) hour work shift if needed and the additional Overtime Rate Charge may be added to the Base Hourly Equipment Rate, with City's approval. ITB No. 12-0007, Motorized Crane Service, Bid Opening Date: November 17, 2011, Page 10 of 9.1 CONTRACTOR RESPONSIBILITIES 9.2 Supervision -The Contractor shall,during all periods of performance,provide competent supervision of employees to assure complete and satisfactory fulfillment of the work and the terms of this agreement. The Contractor or a capable,fully authorized representative must be immediately available during all work activities to receive special instructions from the directing City employee or his designee. 9.3 Safety-The Contractor must be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include,but not necessarily be limited to Environmental Protection Agency(EPA) regulations,Fort Worth City Ordinances, Occupational Safety and Health Agency(OSHA)regulations,and Texas Department of Transportation(TxDOT) regulations. In addition,the Contractor shalt be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 9.4 Hazards-The Contractor shall at no time permit placing or use of equipment in such manner as to create safety hazards. Contractor personnel shall provide appropriate traffic control and warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel,even to the point of interrupting their own work,if necessary. If closure of a public street is needed,the City shall obtain all necessary permissions and permits prior to placing a crane. 9.5 Defective Work and Damages-The Contractor shall be wholly responsible for and shall promptly correct or restore all defective Work or damages to any/all City facilities caused by its activities.Restoration and correction shall be to the complete satisfaction of the City.This shall apply to any part of a building, its appurtenances,or the adjacent grounds, beyond normal wear and tear,or any other tangible damage incurred in the performance of the Contract. Failure by the Contractor to proceed promptly with corrective actions may be cause for cancellation of this Contract with amount(s)necessary to correct defective work and/or damage being withheld from payments due or to become due to the Contractor. 10.1 AGREEMENT TERM 10.2 The initial term of this agreement shall be one(1)year from the date of approval by the Fort Worth City Council. 10.3 The term of the agreement shall be for a period of one(1) year,with options to renew annually for up to four(4)additional one-year terms. The City may extend the term of this agreement by written notice to the vendor within 30 calendar days; provided,that the City gives the contractor(s) a preliminary written notice of its intent to extend at least 60 calendar days before the agreement expires, and the renewallextension is mutually agreed upon by both parties to the agreement. 10.4 Upon expiration of the initial term or period of extension,the contractor(s)agrees to hold over under the terms and conditions of this agreement for a reasonable period as to re-solicit the contract. 10.5 The preliminary notice does not commit the City to an extension. If the City exercises this option,the extended agreement shall be considered to include this option clause.The total duration of this agreement, including the exercise of any options under this clause shall not exceed 60 months. 10.6 This agreement is subject to cancellation,without penalty, either in whole or in part,if funds are not appropriated.The initial term of this agreement shall be Wildcat Cranes,Inc. Page 11 of 14 Contractor Services Agreement for one year from the date of approval by the Purchasing Manager.This agreement may be renewed for up to four(4)successive twelve (12) month terms by mutual agreement of the parties. 11.0 QUANTITIES—The quantities listed on the bid pages are only estimates and are not intended to purchase or a guarantee of future business.The City of Fort Worth is obligated to pay for only those services actually ordered by an authorized City employee and then received as required by the City. 12.0 HOURLY RATES-The hourly rates shall include all costs and charges to provide these motorized crane services. This shall include all charges for operational personnel for the type,size and intended use of the crane provided (Supervisor, Riggers, Flag_gers, support labor,etc.)Also, include all necessary Permit Fees.Hourly Rates must include all fuel charges. No Fuel Surcharges maV be charged in addition to the HourIV Rate. 13.0 OVERTIME C,UARgES—The overtime rate shall be stated as an incremental addition to the base hourly rate. Example for three hours overtime if Base Rate bid was $100.001hour and Overtime Rate bid was $25.00ihour: $300.00 (three times base hourly equipment rate) +$75.00 ($25.001hour times three hours)=$375.00(Total Overtime Charge for that job). 14.1 ESTIMATESIDELIVERY TERMS -Written estimates shall be provided to City Departments are to be complete including transportation costs(total estimated cost for transportation using a tractor and trailer rate per hour, if necessary(includes fuel costs)and time costs to the City's locations(portal to portal).The City will not accept additional charges for expenses, labor, mileage,fuel surcharges or similar items. 14.2 Hourly rates shall remain firm throughout the term of this agreement. 14.3 All prices bid shall be offered and items delivered with the terms of"Portal to Portal"which includes all charges for fuel, labor, and permits in the Hourly Rate. 15.1 BIDDERS QUALIFICATIONS 15.2 Bidders must be able to demonstrate adequate staff, equipment and experience to fulfill the requirements of this specification. References from existing accounts, financial statements, list of projects recently completed and in process, major equipment available, experience of the principal members of the Bidder's organization and a letter of good standing with any or all licensing agency(s) may be requested prior to award. If so,the letter must be submitted within seven calendar days from the date of request. 15.3 In order to receive bid award consideration,the bidder shall maintain sufficient equipment and staffing to fulfill normal City requirements.The bidder must demonstrate its ability to deliver services within the time requirements listed herein. 15.4 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Contractor failure or inability to furnish services within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. Wildcat Cranes,Inc. Page 12 of 14 Contractor Services Agreement 16.0 SUBCONTRACTING—No subcontracting of the work under this agreement will be allowed without written permission of the Purchasing Manager. EXHIBIT B PRICE SCHEDULE, TECHNICAL&FUNCTIONAL REQUIREMENTS:Contractor shall provide all labor,material,supplies and equipment to perform the required tasks item No. Description Unit of Unit Price Measure 1 6-Ton Capacity motorized crane including all necessary personnel,fuel,support ui ment,and_permit HR $150.0 0-Ton Capacity motorized crane including all necessary personnel,fuel,support HR 2 equipment,and permit S165.0 4-Ton Capacity motorized crane including all necessary personnel,fuel,support HR 3 equipment,and permit _ $215.0 5-Ton Capacity motorized crane including all necessary personnel,fuel,support HR 4 equipment,and permit $290.0 0-Ton Capacity motorized crane including all necessary personnel,fuel,support HR 5 equipment,and permit _ $310.0 120-Ton Capacity motorized crane including all necessary personnel,fuel,support HR equipment,and permit j $440.0 00-Ton Capacity motorized crane including all necessary personnel,fuel,support HR 7equipment,and permit $_500.00 00-Ton Capacity motorized crane including all necessary personnel,fuel,support HR a equipment,and permit S550.0 Incremental overtime rate(This is an incremental addition to the base hourly rate) HR 9 $25.0 Crane mats HR 10 $25.0 11 Spreader Bars eight(8)foot and smaller _ HR 12 HR Discount on miscellaneous services/items not specifically listed in this bid EXHIBIT C Wildcat Cranes,Inc. Page 13 of 14 Contractor Services Agreement ATTACHMENT C VERIFICATION OF SIGNATURE AUTHORITY Wildcat Cranes,Inc. 5650 Wilbarger Street Fort Worth,Texas 76119 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: Ronald W.Wertz Position: Owner/President Signature J-/ 2. Name: Position: Signature 3. Name: Position: Signature Name: ignature of President l CEO Other Title: Date: January 31,_2019 Wildcat Cranes,Inc. Page 14 of 14 Contractor Services Agreement FORTWORTH. ADDENDUM TO THE INVITATION TO BID MOTORIZED CRANE SERVICES CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: August 16, 2018 INVITATION TO BID NUMBER(ITB): 18-0380 ORIGINAL BID OPENING DATE: AUGUST 16, 2018(changed) ADDENDUM NO. 1, REVISED BID OPENING DATE: AUGUST 23, 2018 Addendum No. 1, dated August 16, 2018 is hereby amended to incorporate in full text the following provisions: 1. Bid Opening Date is changed from August 16, 2018 to August 23, 2018. All other terms and conditions remain the same. Jane Rogers Buyer r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: L _ s SIGNATURE: NOTE: Company name and signature must the same as on the bid documents. Failure to return this form with your sealed bid y constitute grounds for rejection of your offer. 99 1.0,,RT W6RTH,: it ,4111� ITB Cover Sheet CITY OF FORT WORTH/PURCHASING DIVISION INVITATION TO BID NO. 18-0380 MOTORIZED CRANE SERVICES BID CLOSING DATE: AUGUST 16,2018 For further information contact: Jane Rogers, Buyer FAX(817) 392-8440; email: FMSPurchasingResponsesta'�.fortworthtexas.gov Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original, one copy and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., August 16. 2018. and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand deliveredto the following address: City of Fort Worth, Purchasing Division, Lower Level,City Hall, 200 Texas Street,Fort Worth,Texas 76102 Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope "BID No.18-0380, MOTORIZED CRANE SERVICES" AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in this document. The period for acceptance of this bid will be 90 calendar days after the bid opening date. By signing below, I certify that I have read the attached Terms and Conditions, Instruction to Bidders and the Bid requirements and have agreed to all of the terms, conditions and requirements contained herein. Failure to complete the requested information below will result in rejection of your bid. Company Name and Address: Wildcat Cranes, Inc. Federal ID Number(TIN): 75-2250606 Company's Auth rized Agent Namp and Title Ronald W. Wertz, Owner/President Signature: Date;sw hp Telephone Number: (817)561-9188 Email address: wildcatcranes@wildc cranes.com Fax Number: (817) 561-9494 Cooperative Purchasing: Should other Governmental entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricing shall apply(see section 11)? Yes- X No Pre-Bid-Conference: No Pre-Bid Conference. Contents: • Part—I : Bid Solicitation/Offer • Part—II : Instruction to Bidders • Part—III : Scope of Services/Specifications • Part—IV : Standard Purchasing Terms and Conditions • Part—V : Attachments Revised 7.11.18cg Page 1 of 2 BID SOLICITATION Printed:07/27/2018 B1I QP5NING`DAT-;A TIME:. 8/1`si3OT8.130:00O M 1,121UNUMSS'A. [$+ 386 BUYER:Jane Rogers PHONE#: (817)392-8385 DELIVERY REQUIRED:8/16/2018 V Vendor Name: S City of Ft Worth Wildcat Cranes, Inc. H N Address: 5650 Wllbar er Street I VILLAGE CREEK WATER TREATMENT D g P 4500 WILMA LANE R City,State zip code: Fort Worth,TX 76119 r ARLINGTON TX 76012 0 Item Class-Item Quantity Unit Unit Price Total 15.000 The City of Fort Worth is seeking bids from qualified Contractors for an annual Agreement for Motorized Crane Services for City Departments. This Agreement shall begin on the date stated in Purchase Order ("Effective Date)and shall expire on upcoming September 30th, ("Expiration Date',unless terminated earlier in accordance with this Agreement("Initial Term').Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms and conditions for up to four(4)one-year renewal periods(October 1 to September 30) and for a fifth renewal period which shall expire on completion of total five year duration,unless City or Vendor provides the other party with notice of non-renewal at least 60 days before the expiration of the Initial Term or renewal period.However,if funds are not appropriated,the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor/Vendor. Unit prices shall include all costs associated with the specified work, including but not limited to handling,delivery,fuel charges,fees and certifications fees.No additional charges will be accepted or paid by the City. All items shall be bid per attached specifications. 1.000 26-TON.CAPACITYMOTORIZED CRANE INCLUDING ALL NECESSARY 200 HR $150 $30,000 PERSONNEL,FUEL,SUPPORT EQUIPMENT,AND PERMIT 2.000 40-TON CAPACITYMOTORIZED CRANE INCLUDING ALL NECESSARY 200 HR 165 $33,000 PERSONNEL,FUEL,SUPPORT EQUIPMENT,AND PERMIT 3.000 60-TON CAPACITYMOTORIZED CRANE INCLUDING ALL NECESSARY 200 HR $215 $43,000 PERSONNEL,FUEL,SUPPORT EQUIPMENT,AND PERMIT $290 $58,000 4.000 75-TON CAPACITYMOTORIZED CRANE INCLUDING ALL NECESSARY 200 HR PERSONNEL,FUEL,SUPPORT EQUIPMENT,AND PERMIT 5.000 90-TON CAPACITYMOTORIZED CRANE INCLUDING ALL NECESSARY 200 HR $310 $62,000 PERSONNEL,FUEL,SUPPORT EQUIPMENT,AND PERMIT Page 2 of 2 BID SOLICITATION Printed:07/27/2018 616 OPENINOAl' `AlND TIME: I Bra<NUMOER:'M 8-0380 BUYER:Jane Rogers PHONE#; (817)392-8385 DELIVERY REQUIRED:8/16/2018 E Vendor Name: Wildcat Cranes, Inc. City of Ft Worth N Address: 5650 Wilbar er Street 1 VILLAGE CREEK WATER TREATMENT D 9 p 4500 WILMA LANE R City,State Zip Code: Fort Worth,TX 76119 T ARLINGTON TX 76012 Item Class-Item Quantity Unit Unit Price Total 7.000 120-TON CAPACITYMOTORIZED CRANE INCLUDING ALL 200 HR $400 $80,000 NECESSARY PERSONNEL,FUEL,SUPPORT EQUIPMENT,AND PERMIT 8.000 200-TON CAPACITYMOTORIZED CRANE INCLUDING ALL 300 HR $500 $150,000 NECESSARY PERSONNEL,FUEL,SUPPORT EQUIPMENT,AND PERMIT 9.000 300-TON CAPACITYMOTORIZED CRANE INCLUDING ALL 400 HR $550 $220,000 NECESSARY PERSONNEL,FUEL,SUPPORT EQUIPMENT.AND PERMIT 10.000 INCREMENTAL OVERTIME RATE(THIS IS AN INCREMENTAL 200 HR $25 $5,000 ADDITION TO THE BASE HOURLY RATE) 11.000 CRANE MATS t00 HR $25 $35,000 12.000 SPREADER BAR EIGHT(8)FOOT AND SMALLER 100 HR N/A N/A 13.000 SPREADER BAR TEN(10)FOOT AND SMALLER 100 HR N/A N/A 14.000 DISCOUNT ON MISCELLANEOUS SERVICESATEMS NOT 100 HR N/A N/A SPECIFICALLY LISTED IN THIS BID. TOTAL: $716,000 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. Net 30 COMPANY: Wil rat Cr n s, Inc. TERM OF PAYMENT: - r DELIVERY: As scheduled SIGNATURE: TELEPHONE NUMBER: (817) 561-�9188 NAME AND TITLE: Ronald W.Wertz, Own resident PART-II INSTRUCTION TO BIDDERS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to ex<3mine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission,ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents: Solicitations are issued b��the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation,clarification, or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations,corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at(817) 392-8440. The fax must clearly identify the Buyer's name and the Solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. 2.3 Unauthorized Communications: Bidders'contact regarding this Invitation to Bid (ITB)with employees or officials of the City other than the Purchasing Manager,the Minority and Women Business Enterprise(M/WBE) Office, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer,employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written,with any members of the City Council, City staff or City's consultants,or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as hen.t,in provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 3.0 PRE-BID CONFERENCE- No Pre-Bid Conference. 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids submitted on other than the forms included A the Solicitation shall be considered non-responsive. Any attempt to alter the wordi-ig in the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. Revised 7.11.18cg 4.2 Brand Name or Equal: If the Solicitation indicates brand name or"equal"products are acceptable,the Bidder may offer an"equal"product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal"remains with the City. 4.3 Delivery Time: Delivery time, if stated as a number of days,will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated,the Bidder shall state its best delivery time. 4.4 Free on Board(FOB)Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price,with the goods delivered to the place specified,at the Bidder's expense and risk, and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. 4.5.2 Pricing shall be entered on the Bid Sheet in ink. 4.5.3 Totals shall be entered in the"Total Price"column of the Bid Sheet. 4.5.4 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 4.5.5 Prices shall be offered in the Dollars of the United States of America(or decimal fractions thereof). 4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security: If a bid security is required for this purchase, the requirement will be reflected in the"Specification"section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted, and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. 4.7.1 To be an acceptable surety on the bond: 4.7.1.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties(Department Circular 570);or 4.7.1.2 The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. 4.8 Alternate Bids. Bidders may offer an"equal" product as an alternate bid. Final "approved equal" determination remains with the City. 4.9 Proprietary Information: 4.9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General. Revised 7.11.18cg 4.9.3 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available i:pon public request. 4.10 Bid Preparation Costs:All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 4.11 Payments:All payment terms shall be"Net 30 Days" unless otherwise specified in the bid document. 4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at http://www.fortworthgov.org/purchasin4/, click on"Automated Clearing House Setup" 5.0 SUBMISSION OF BIDS 5.1 Bid document:Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy in flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 5.2 Documents required with Bid: The following documents must be submitted with each Bid prior to the Due Date: 5.2.1 The completed and signed first page of this document; 5.2.2 The Price Offer in Bid Solicitation Sheet(s); and 5.2.3 Any other document included in the Solicitation requiring completion or execution by the Bidder. 5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date and Time. Addenda containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name,address, the Solicitation number,and the Due Date and time. 5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stare p clock on the receptionist's desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Pu-chasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office,courier companies, or any other form of delivery service chosen by the Bidder.Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bids may be modified in writ ng at any time prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn in writ ing, or by facsimile(provided that the facsimile is signed by the Bidder)at any time prior to the Due Date. A Bid may also be withdrawn in person by a Bidder,provided I he withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed )y the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be n.!submitted,with or without modifications, prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. Revised 7.11.18cg 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 8.0 EVALUATION FACTORS AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However,the City may evaluate and award the Contract for any item or group of items shown on the Solicitation,or any combination deemed most advantageous to the City. Bids that specify an"all or none"award may be considered if a single award is advantageous. 8.2 Award. The Method of Award is detailed in Section 19 in Part III Scope of Services/Specifications 8.3 Acceptance of Bid:Acceptance of a Bid will be in the form of a Purchase Order or a Contract. Subsequent purchase releases may be issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative, 8.4 Reservations:The City expressly reserves the right to: 8.4.1 Specify approximate quantities in the Solicitation; 8.4.2 Extend the Solicitation opening date and time; 8.4.3 Consider and accept alternate Bids, if specified in the Solicitation,when most advantageous to the City; 8.4.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 8.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 8.4.6 Add additional terms or modify existing terms in the Solicitation; 8.4.7 Reject a bid because of unbalanced unit prices bid; 8A,8 Reject or cancel any or all Bids; 8.4.9 Reissue a Solicitation; 8.4.10 Procure any item by other means; and/or 8A.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 9.1 Certificates of Insurance: When insurance is required,the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.2 Payment andlor Performance Bonds:When Payment and/or Performance Bonds are required,the successful Bidder must provide the bonds, in the amounts and on the conditions required,within 14 calendar days after notification of award,or as otherwise required by the Solicitation. Revised 7.1 LI3cg 9.3 Minority Business Enterprise(MBE) Documents: If in MBE goal has been established for the bid,the applicable documents must,be submitted by all bidders wishing to continue in the bid evaluation process withir two(2)City business days after the bid opening date, exclusive of the bid opening date,to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 9.4 Certificate of interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at httos://www.ethics.state.tx.us/whatsnew/elf info form 1295.htm. 10.0 PROTEST PROCEDURE 10.1 Vendors who respond to invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days after the vendor knows,or should have known,of the facts relating to the proposed action or award. 10.3 The Purchasing Manager,or designee,is authorized to resolve a protest concerning a purchasing action through telephone discussions, r-iail, email or in person meetings with the protesting vendor. 10.4 After discussions or meetings,the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting vendor of the right to review by a panel made up of City staff. 10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department,the Purchasing ManagE!r and any other appropriate personnel or employees of the operating department. 10.6 If the panel is unable to resolve the protest,or if the panel makes a decision with which the vendor does not agree,the protesting vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The prctesting vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C)in question. 10.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council loc ated at: fn,:lfiortworthtexas.crovicitysecretary/info/dE�fault.as►ax?id=2914 on the City's website. 11.0 COOPERATIVE PURCHASING 11 1 Should other governmental entities decide to participate in this contract, bidder,shall indicate in their proposals whether they agree that:all terms,conditions,specification, and pricing would apply. 11.2 if the successful bidder agrees to extend the resulting contract to other governmental entities,the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s)awarded as,a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed Revised 7.11.18cg PART-III SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City)seeks bids to finalize an Agreement Motorized Crane Services as described herein on an"as needed basis for City Departments. The successful bidder, known hereafter as"Contractor". 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 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. 1.3 Following the award, additional services of the same general category that could have been encompassed in the award of this Agreement,and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. 1.4 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or paid by the City. 1.5 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated for all purposes incident to this Agreement in Attachment "G", Scope of Services/Specifications, more specifically describing the services to be provided hereunder. 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 3.1 The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of the company or authorized official must sign the letter.A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 4.0 LAWS REGULATIONS AND ORDINANCES 4.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State. laws, ordinance and regulations: County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency(EPA), Occupational Safety and Health Administration(OSHA),and the Texas Commission on'Environmental Quality Revised 7.11.18cg (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement,the Vendor is required to comply with new policy.Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 5.0 INVOICING REQUIREMENTS 5.1 All invoices should be submitted directly to the requesting department. It is the responsibility of the Vendor to get the name of the responsible person, telephone numbers and address of the department's division at the time the service is requested. 5.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Vendor's name, number and federal tax identification number, invoice number, address, date,service or item description, unit price,extended cost, and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Vendor for correction and re-submittal. 6.0 UNIT PRICE ADJUSTMENT 6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal period but before the effective date of the renewal upon written request from the Vendor. 6.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request. 6.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves the right to adjust the rate request,or reject the rate request in its entirety and allow the contract to expire at the end of the ccntract term. If the City elects not to exercise the renewal option,the Purchasing Division will issue a new solicitation. 6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 6.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals,the unit prices offered will govern. 6.6 Upon expiration of the Agreement term the succes Jul bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid an agreement, not to exceed ninety(90)days. Vendor will be reimbursed for this service at the prior agreement:tate(s).Vendor shall remain obligated to the City under all clauses of this Agree ment that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 6.7 Goods and/or services shall not be suspended by I lie Vendor without a 30 day prior written notice to the City. 7.0 QUANTITIES_ 7.1 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 8.0 INSURANCE REQUIREMENTS 8.1 The Vendor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecutio.i of work under this Agreement. The Vendor shall file with the City of Fort Worth Purchasing Division, prior to the Revised 7.11.1Seg commencement of services, a certificate of insurance documenting the following required insurance. 8.1.1 Failure to provide such information within five(5)calendar days may be grounds for Agreement termination. 8.2 Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Vendor to obtain such coverage,the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 8.2.1 Statutory Workers'Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers'Compensation and Employers'Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act(Art. 8308—1.01 et seq. Tex. Rev. Civ. Stat.)and minimum policy limits for Employers'Liability of$100,000 each accidentloccurrence,$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 vendors, products/completed operations, personal injury,and contractual liability. Insurance shall be provided on an occurrence basis,and as comprehensive as the current Insurance Services Office(ISO)policy. 8.2.3 Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on"Any Auto",defined as autos owned, hired and non-owned. 8.2.4 The Vendor shall furnish the Purchasing Manager,with a certificate of insurance documenting the required insurance prior to the commencement of services. 8.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty-(30)day notice of cancellation,material change in coverage, or non-renewal of coverage. 8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). Revised 7.11.18cg 9.0 ADDITIONAL INSURANCE REQUIREMENTS 9.1 The City, its officers,employees and servants shall be a ndorsed as an additional insured on Vendor's insurance policies excepting emplcyer's liability insurance coverage under Vendor's workers'compensation insurE nce policy. 9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Vendor can begin work. Failure to supply and maintain such insurance shall be a breach of contract.Vendor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid#18-0380 200 Texas Street, Fort Worth,Texas 76102 9.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 day notice of cancellation, non-renewal,and/or material change in policy terms or coverage. A ten(10)day notice shall be acceptable in the event of non-payment of premium. 9.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. 9.5 Deductible limits,or self-funded retention limits,on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 9.6 Other than worker's compensation insurance, in lieu cl:traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. 9.7 Workers'compensation insurance policy(s)covering employees of the Vendor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 9.8 City shall not be responsible for the direct payment of insurance premium costs for Vendor's insurance. 9.9 Vendor's insurance policies shall each be endorsed t:)provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 9.10 While the purchase order is in effect,Vendor 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 lo:vs. 9.11 Vendor's liability shall not be limited to the specked,amounts of insurance required herein. 10.0 PERFORMANCE 10.1 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 11.0 COMPLAINTS 11.1 Complaints processed through the City Purchasing Division are to be corrected within fourteen(14)days of formal notice of complaint.Written response to the Purchasing Revised 7.11.18cg Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the cancellation of the applicable line item(s) in the price agreement. 12.0 SUBCONTRACTING 12.1 No subcontracting of the work under this Agreement will be allowed without written permission from the City. 13.0 DELIVERY 13.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses,freight, mileage,time,or similar items will be accepted or paid by the City. 13.2 There may be instances when the Vendor may be asked to accelerate delivery of an order(s)due to extenuating circumstances. When this occurs, the Vendor will be expected to provide this service at no additional cost. 13.3 In the event the Vendor is unable to meet the original delivery date(s), the City must be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be legal grounds for canceling an order(s), or the entire Agreement in accordance with the Termination Clause shown elsewhere in the solicitation. 13A Delivery tickets must include the City's Blanket Order Number and the ordering department's Release Number. 13.5 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Vendor,or the Vendor's designee, at no cost to the City. If the item(s)are not picked up within one(1)week after notification,the item shall become a donation to the City for disposition. 13.6 Material Safety Data Sheets 13.6.1 A Material Safety Data Sheet(MSDS)for each toxic or hazardous substance or mixture containing such substance, pursuant to Revised Statutes Annotated (RSA) Chapter 277-A(277-A), shall accompany each delivery. Delivery of toxic or hazardous substance or mixtures containing such substance without MSDS sheets shall not be accepted. Delivered containers shall be properly labeled pursuant to RSA 277-A. 13.6.2 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277-A, shall place the Vendor in non-compliance and shall result in civil or criminal penalties. The Vendor furnishing substances or mixtures subject to RSA 277-A, is responsible for adhering to and being in compliance with this law. Failure to comply with RSA 277-A, shall result in the cancellation of an order. 14.0 WARRANTY 14.1 The Vendor shall provide a warranty to include at a minimum, but not limited to the following: 14.1.1 In addition to any other warranties in this contract,the Vendor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Vendor or any supplier at any tier. 14.1.2 Vendor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and Revised 7.11.18cg products.The City defines"prompt"repair or replacement to be within twenty-four(24)hours after notification by autho-ized City personnel. 14.1.3 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City. 14.1.4 The Vendor shall remedy at the Vendor's expense any non-conforming or defective products or work. In addition,the Vend:)r shall remedy at Vendor's expense any damage to real or personal propeirtv,owned by the City of Fort Worth,when that damage is the result of a defect of products furnished. 14.1.5 The Vendor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and accepta-ice of such by the City. 14.1.6 The City of Fort Worth shall notify the Vendor, within a reasonable time after the discovery of any failure,defect,or damage. 14.1.7 If the Vendor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice,the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure,defect,or damage at the Vendor's expense. 14.1.8 This warranty shall not include failures attributable to accident,fire, or negligence on the part of City personnel. 14.2 With respect to all warranties,expressed or implied,from manufacturers, or suppliers for work performed and materials furnished under this cantract,the Vendor shall: 14.2.1 Obtain all warranties that would be obtained in normal commercial practice; 14.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 15.0 SAFETY 15.1 The Vendor shall be responsible for meeting all Federa laws, ordinances and regulations; State: laws,ordinance and regulations; County: laws,_ordinances and regulations;and City: laws,ordinances,and regulations,for safety of people, environment, and property.This includes,but is not limited to,all licenses,all Federal, State, County, and City Agencies,Administrations and Commissions such as the Environmental Protection Agency(EPA), Occupational Safety and Health Administration(OSHA),and the Texas Commission on Environmental Quality (TCEQ). 16.0 HAZARDOUS CONDITIONS 16.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 17.0 CONTRACT ADMINISTRATION 17.1 Contract administration will be performed by the City Department.In the event the Vendor fails to perform according to the terms of the agreement,The Department head or his/her designee will notify the Vendor, in writing,of its failures.A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 17.2 In the event the Vendor continues with unsatisfactory performance,the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s),which could include cancellation,termination for convenience or default. If the agreement is terminated for default,the Vendor may be held liable for excess cost and/or liquidated damages. Revised 7.11.18cg 17.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered,subject to offset for damages and other amounts which are,or which may become,due and owing to the City. 17.4 The City reserves the right to terminate this agreement,or any part hereof, for its sole convenience. In the event of such termination,the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work.Subject to the terms of this agreement,the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination,plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price.The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 18.0 BIDDERS QUALIFICATIONS 18.1 The following information must be submitted as part of the bid package and shall be supplied in the following order: 18.1.1 Bidder's background,services provided and number of years in business. 18.1.2 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid.The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. 18.1.3 In order to receive bid award consideration,the bidder shall maintain sufficient resources to fulfill normal City of Fort Worth requirements. 18.1.4 Bidders shall provide a reference list of a minimum of three(3)current customers(comparable in size)who the bidder has recently supplied subject item(s)on a continuing basis over a recent twelve(12)month period. 19.0 METHOD OF AWARD 19.1 Bids will be evaluated based on the lowest responsive and responsible bidder complying with all of the provisions of the solicitation, provided the bid price is reasonable,and it is in the best interest of the City to accept it. 19.1.1 A responsive bidder is defined to be one who submits a completed bid packet within the stated time deadline and in accordance with the bid specification. 19.1.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies, equipment, or services being procured. 19.1.3 Tentative Schedule of Events: ITB Release Date July31, 2018 Deadline for Questions August 6, 2018 at 5:00 PM (Local Time)(Buyer must leave 5:OOPM) Answers Posted August 9,2018 ITB Due Date August 16, 2018 by 1:30 PM(Local Time) Recommended Vendor Selection August 23, 2018 Mayor and Council Consideration September 18,2018 Revised 7.11.18cg 20.0 BIDS 20.1 Bidders shall submit the following items with their bid: 20.1.1 A completed and signed original Invitation to Bid (ITB)form; 20.1.2 A completed and signed original Bid Solicitation form; 20.1.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A; 20.1.4 A completed Bidder's Contact Information Form,Attachment B; 20.1.5 A completed Consideration of Location of Bidder's Principal Place of Business,Attachment C, if applicable; 20.1.6 A completed Reference Sheet,Attachment D; 20.1.7 All items listed in Section 18.0, Bidder Qualifications; 20.1.8 Scanned copy of all documents listed in paragraph 20.1 in flash drive. 20.2 Failure to submit the items listed in paragraph 20.1 may be grounds for rejection of a bid as non-responsive to the specifications. 21.0 QUESTIONS 21.1 Questions, explanations or clarifications desired by a Vendor regarding any part of the bid must be requested in writing from the Purchasing Division by 5:00 PM on August 6,2018. Interpretations,corrections or changers to the bid made in any other manner are not binding upon the City, and Vendors shall not rely on such interpretations,corrections or changes. Oral explanations or instructions given before the award of the Agreement are not binding. 21.2 IN ORDER FOR THE QUESTION TO BE ANSWERED, ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL TO TH_I:.ADDRESS BELOW OR FAXED TO THE TELEPHONE NUMBER BELOW AIN_[p MUST BE IDENTIFIED AS LISTED BELOW: 21.2.1 Hand Delivery must be submitted to the Purch,.sing 21.2.2 Email questions to: FMSPurchasin.,Ry esponse!i(aD-fortworthtexas.4ov Please include the bid number, name of the bid and Jane Rogers in the subject line. Please note, if an e-mail confirming receipt of your e-mail is not received within 1 business day,please contact City of Fort Worth Purchasing at 817- 392-2462. 21.2.3 Facsimile: (817)392-8440,Attention: Jane Rogers and Bid NO 18-0380 Revised 7.1 l.18cg PART-IV CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DEFINITION OF BUYER The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and subvendors 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, vendors and subvendors who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth (the "City") may be requested by a member of the public under the Texas Public Information Act. See TEX.GOV'T CODE ANN. §§ 552.002, 552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office(the"AG') regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee.Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16,City of Fort Worth Charter) 5.0 ORDERS, 5.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non-payment. 6.0 SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) 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. Revised 7.11.18cg 7.0 SHIPMENT UNDER RESERVATION_PROHIBITED Seller is not authorized to ship the goods under reservation, and ')o 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 d«slivery after inspection and acceptance of the goods. 9.0 DELIVERY TERMS AND TRANSPORTATION CHIaRGES 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 b 4ore accepting them. Seller shall be responsible for all charges for the return to Seiler 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 separate.y.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 ite:rns shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 13.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct -°rom the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. Revised 7.11.18eg 14.0 PRODUCT WARRANTY Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 15.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act(OSHA)of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 16.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. 17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks,trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 17.2 SELLER shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other Intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services,or the City's continued use of the Deliverable(s)hereunder. 17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for Infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, In accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as SELLER bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, SELLER shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with SELLER in doing so. In the Revised 7.11.18cg 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 co-npromise any such claim; however, SELLER shall fully participate and ccooperate with the City in defense of such claim or action. City agrees to c ve 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 S'ELLER'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 C^eliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing;, provided that such modification does not materially adversely ;effect 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, reporis, memoranda, letters, ideas, processes, methods, programs, and manuals that were de,ieloped, 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 terra 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 o 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 vendors 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 utiJiz:e the Internet, Intranet, email, City database, or other network application, Seller shall separately execute the City s Network Access Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. 20.0 CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies,which Buyer may have in law or equity. 21.0 TERMINATION The performance of work or purchase of goods under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination"specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon ti hich such termination becomes Revised 7.11.18eg 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 J 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 WAIVE 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 Seiler shall consist of these Standard Terms and Conditions together with any applicable proposal documents published by the Buyer and Seller's Response to such proposal (the "contract documents'). This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement.Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code(UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and Seller have otherwise negotiated a contract,this Agreement shall not apply. 26.0 APPLICABLE LAW I VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or"UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 27.0 INDEPENDENT CONTRACTORS) 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, vendors and sub- vendors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents,employees,vendors and subvendors. Revised 7.11.18cg 28.0 LIABILITY AND INDEMNIFICATION. 28.1 LIABILITY - SELLER SHALL BE LIABLE AND RESF ONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND'OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSC NS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TC) THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(.:), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 28.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE C ITY (ALSO REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAIR SUITS 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 PERSO`JS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEVIENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, IT& 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 -Dudgeted 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 hi-Teof 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 corclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller in its response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery, notice is considered received upon delivery. 32.0 NON-DISCRIMINATION This contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents, vendors or subvendors, hay,e 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 subvendors herein. 33.0 IMMIGRATION NATIONALITY ACT City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor Revised 7.11.18cg shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor 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. Vendor 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. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor 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 Vendor. 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. Seiler 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 subvendors 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 subvendors. 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 subvendors against Buyer arising out of Seller's and/or its subvendor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 37.0 DII PUTS 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 Revised 7.11.18c9 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't (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 temu, in Section 808.001 of the Texas Government Code. By signing this contract, Seller c o=rtifies that Seller's signature provides written verification to the City that Seller:(1)dons not boycott Israel;and(2)will not boycott Israel during the term of the contract. Revised August 31,2017. Revised 7.11.18cg PART—V ATTACHMENTS ATTACHMENT-A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity(i.e.The City of Fort Worth)must disclose in the Questionnaire Form CIQ ("Questionnaire')the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential Agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents.The form is also available at http://www,ethics.state,tx.us/forms/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 Vendor name in the # 1, use NIA In each of the areas on the form.However,a signature is required in the#4 box in all cases. Revised 7.1 1.18cg CONFLICT OF INTE'R.EST UESTIONNAIRE I ORM CIO Far vortler do"b usimoss with local p""Irmt1h 1*"lily ' 1 h!K Ww�gremrrsidt�r1glMcpAi eMpt» rftao,ice.lad ", riX W'S.RX*lot uf!! . Fitti!q (twx4t*t 9��a�dwrmidsxiri►,i��+�k �v +[diuu��vt (�iirwl•��t�,� .t�,;�,+�rtF�.r� + ,:� +t�a,, ;,�' ...��...�..�. �t��lmit'�R>*►r1it��1 ��Y,rs1t?�[t�I�► ,61PJt� #�.'�'',E�+Rr�1ta�,t�it�it4 t'���=�Ai i,��rwtNrA'Irr,�t+�nNr� �1��a r�wit rra�M�r �rr� [�Idl", t t�"+5.�?�ik'��►y key'fi.[� Mt. JW't"iLNlr�alltlC 'F ; NYlA1 Ono aiM14�;F fW1���„11'f�'h'11'1'�0��1'�XY�rg4'NIA ![Il'f1�11'�4�` "p±rftkgallY i!'diVSGr+�i�Yl'�id�F� #1M1Dri'6NnI�UNN[l1A9t 19 F q{Y1 Afa • S.tv'SoM'i1IISMM4I TigIUC� `1Rltrilttsd4' i+i A g4wvW orwo0b 4n MMow V Ifto vw4w 'ShMkx! UPF 0013,.mil t,a>v>,mmKs0 r`. Alb o ftxw vOir ft4 m"von-111*&A Upw ' a..«....w.w...x...,.,..u,,..,,...tte.....,.::..a..u....nw..+r..�..r..uw..a.w«....,....«.ww..:....s,:+++w.a«.cwK.w...:.......:,rw..::,.w.:.:.................:..:.,..., 01 W nsm Qt a t4gt W *has a 1{+�siC�tbl[d KJ�Iif► }kl f lYtllill lEF at r�wNA[ftttlN6tr+p =a3�S1ty. Wildcat Cranes, Inc. lY r+'11 1Y�E !p�mYl!��1�►FIdIh411�t1D>�Igha'��;�+�,•: . 0110 is*"'et as Owl few a Ar, W013t,1�d ti[irytittQlkiY�l{a6►#[{i[tlrW�plM� ftyalgq if 9 4p0atJjKk94N N'tatl Aa llwily wl %Whml 1ltp M trww[ratf6A d0o*hot ft4ou am"WWI r"twAm*VON'*mW:*W ql*W,*1r�c�,►+r�ras u�lrr�r.ut f ! ' M�1HMrp rlA 1rAr,.�1�,ri14FRp1?lliQlllf caleic�r AWlttligM!r11Id1f'I il6lRiiYCrkgq`ir+#bY�t 1MN[;tlib9t +x Erw!Irv�t!)A�4dAftp4, N/A i Ms Vg*"hWm I kpCkW V twbo 11j A,0, C,,.&ID mu)0 lib+Ctw"'*md n *Wih ttl110#1*%91N Wm tht*�MTl4BpM'�a�11l" or I*a w L-At rvA"r1#trlwmW-iF d1kf#d bV$0-wiW►,1 Zd• 1111 a <:,fto)a"bor hmW e C A norih ird*k*mf . W 0*imor,VW#MWOM m4k*1%.vtwd'IN OWS 040, M..CfiC4#010 SR'P 4 N1 w of-i''lor'l,`;WvN ett :ow!W" t"Mr op' N/A 1 r N �E�rw�vytta�cr�rer»�tfr�ray lN.aty+to p6:C�!r�l>.Ir��f��a:►hC►i[r n1er��r tF�;tn'�grts�•rA1�d�pvrn;n�r#��:rt+�A�rl tkt�ci�rga�K:a��trw►qw;�: �€ ��r�tanwn��r1:;�lM1r�:�:riir'Nt?d 1,9,rAK fiM�aet;A:�l shy �cvrd11t1 irr:ar�n k�:r�ji rrrr++usryrq lrr�i1�t�-�}ytrud!re�rrar� �° �' I j 3 V— rt'�� N/A iv, lA t!1rM t±lRr,1� t111 gLii'hYrir Ai�i qs+lrltitkri v qY s + Aid 1+, .rld4p+ik y vrMIN tA14Ei�ArrGM ZGe+�ikitl!�4h�1iXp! j 21[MlllrslJetQ,q p#ctv*$fik ¢Hof 91..ANfWCw wham!! q:t pNwr*AWo:Wr Tfocw V,f q ;W-Co'1l v R'Pki14'a N/A 1'1 :d�r;aeiittR aaacJis.t11A C tflA9tlA rm.MwIFigwt9 aril 11m4y +q+liu W1441,4r w1h i'lgtr .-%IJ!0mft,.f 11 r4,,�fhca� rsarplrp i41 JIV, N/A livwo ad"Nw wrap xistom A*le p wi -trwim,a to 90 { 5..,.....,...<.n........................«.,.,.».....,,.,..,.........:..,._.,..,..............»......_................... .......,.:.....,.........�.w,.....,.a,w,,.w..r.nn+rr.+,.....a..+w..a.wr.,..i.,w...+.++.:..r+..�.�..., e+.....ri AOUI+c1 kl!J2V : Revised 7A 1.18cg ATTACHMENT-B BIDDER'S CONTACT INFORMATION Bidder's Name: Wildcat Cranes, Inc. Bidder's Local Address: 5650 Wilbarger Street, Fort Worth,TX 76119 Phone: (817) 561-9188 Fax: (817) 561-9494 Email: wildcatcranes@wildcatcranes.com Name of person assigned specifically for this Agreement: Namefritle Ronald W. Wertz, Owner/President Phone: (817) 561-9188 Fax: (817) 561-9494 Email: wildcatcranes@wildcatcranes.com Name of persons for renewal information and/or billing questions: Nameffitle Kevin Mattox, Coordinator/Dispatcher Phone: (817) 561-9188 Fax: (817) 561-9494 Email:- wildcatcranes@wildcatcranes.com Name/Title Rose Mary Crager, Admin/Billing Phone: (817) 561-9188 Fax: (817)561-9494 Email: wildcatcranes@wildcatcranes.com Ronald W. Wertz 'Signature Printed Name Date Revised 7.11.18cg ATTACHMENT-C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? If yes, identify address: 5650 Wilbarger Street Fort Worth TX 76119 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%] 100% 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? 2 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)? $30,493.55 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. Wildcat Cranes, Inc. �� (Cny N me)_ (Date) „(�/ Ronalc W. Wertz, Owner/President (gig-nature) (Prir ted Name and Title) Revised 7.11.1 Scg ATTACHMENT-D REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references for at least three(3)recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name Oncor Electric Delivery Name of Contact Dalton Harvey Title of Contact Supervisor Present Address 2471 S. Dallas Avenue City, State, Zip Code Lancaster,TX 75146 Telephone Number ( 972 ) 218_2846 Fax Number( 972 } 218-2869 Email dalton.harvey@oncor.com 2. Company's Name Brazos Electric Cooperative Name of Contact Jared Morris Title of Contact Manager Present Address 300 Electric Road City, State, Zip Code Tolar,TX 76476 Telephone Number ( 254 ) 835-5025 Fax Number( 254 ) 750-6577 Email jmorris@brazoselectric.com 3. Company's Name Davis Motor Crane Service, Inc. Name of Contact Keith McKee Title of Contact General Manager Present Address 1212 North Loop 12 City, State,Zip Code Irving,TX 75061 Telephone Number ( 972 ) 438-1122 Fax Number( 972 ) 579-1603 Email keith@daviscraneservice.com Revised 7.11.18cg ATTACHMENT-E HOW TO REGISTER WITH THE CITY OF FORT WORTH V Visit FORTWORTHTEXAS.GOV ! Scroll to the purple section at bottom of page # Under Business, click Contractors 19f Click Register as a Contractor(right side under BuySpeed Online) 0 After reading,click Next step V Review Contractor Terms&Conditions C Agree to the terms and click Next Page 0 Click Register *1 Enter your Tax ID#(or Social Security Number), Company Naine,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. 1 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 i; required before your Contractor account can be activated. Don't forget to fa)(or email to purchasingbso cD-fortworthtexas.gov or(817)392-1982!11 Summary tab—Verify that all information is accurate a nd 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. Or, Click Complete Registration % Congratulations, you've registeredil You will receive an email with your registration confirmation after you have submitted your W9. For any changesledits to your Contractor profile please email the Contractor registration administrator at PurchasingBSO@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 ::ame day and will reach the Contractors'bank accounts by the next business day. To register for ACH service please visit http://fortworthtexas.ciov/pur(:hasin , click on the link titled "Automated Clearing House Setup", download,complete and submit Ithe two ACH forms. Revised 7.11.18cg ATTACHMENT—F NO BID SHEET (Please complete this form,only if, your firm has chosen not to submit a bid) Jane Rogers, Buyer Purchasing Division Fax No. 817-392-8440 E-mail address: FMSPurchasingResponses(a)-fortworthtexas.gov If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to: City of Fort Worth, Purchasing Division 200 Texas Street Fort Worth, Texas 76102 (or fax to above address) Please check the items that apply: Do not sell the item(s) required. 0 Cannot be competitive. 0 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. E-] Job too small. Do not wish to do business with the City. Other reason. Company Name: Authorized Officer or Agent Signature: Telephone: ( ) FAX Number: Revised 7.1 1.l8cs ATTACHMENT—G DETAILED SCOPE OF SERVICES/SPECIFICikTIONS MOTORIZED CRANE SERVICES 1.0 INTENT-The intent of these specifications is to describe the minimum requirements of an annual Agreement to provide motorized crane service for the City of Fort Worth("City"). 2.0 PURPOSE-The purpose of this Agreement is to provide crane service for the lifting and placing of large pieces of equipment as a part of the maintenan-.:e of City facilities and operations. 3.0 SLOPE—The work to be performed consists of furnishing equipment,materials and operators for motorized crane service at various sites as called for and directed by authorized employees of the City of Fort Worth. Services may he required at any time within a twenty-four(24)hour period and may continue past the normal eight(8) hour work shift. 4.0 NOTIFICATION—The successful bidder, hereinafter called"Ccntractor", must respond within eight hours of request for service by an authorized City employee and shall respond by furnishing such equipment, materials and operators to the lo:;ation requested by the City. The City will provide a list of names of employees authorized to request service to the successful bidder. 5.0 EQUIPMENT.—All equipment shall be provided fit for its intended purpose,fully maintained and fully fueled. All equipment shall have operational lights and safety devices. All operational personnel for the type, size and intended use of crane shall be provided (Supervisor, Rippers, Flaggers, support labor,etc.)Also, include all necessary Permits. 6.1 The minimum specifications for equipment required shall be as follows: 5.1.1 26-ton capacity motorized crane and personnel. 5.1.2 404on capacity motorized crane, personnel and permit. 5.1.3 60-ton capacity motorized crane,personnel and permit. 5.1.4 75-ton capacity motorized crane, personnel and permit. 5.1.5 90-ton capacity motorized crane, personneel and permit 5.1.6 120 ton capacity motorized crane, personnel and permit 5.1.7 2004on capacity motorized crane,personnel and permit. 5.1.8 350-ton capacity motorized crane,personnel and permit. 6.0 Bidders shall attach,to their bids,an inventory of motorized crane equipment available in addition to the units specked above and the hourly rates for such equipment(including personnel and any necessary permit)as additional available equipment under the agreement resulting from this bid. 7.0 TIME—Time for equipment and operators will be actual time worked to the nearest one- quarter(1/4) hour. Time will not be charged to the City for breakdowns,Contractor's delays,or servicing delays. 7.1 Bidders shall state the minimum required number of fours. If no minimum number of hours is required,bidders shall enter a zero("0")on the appropriate line of the Bid Solicitation Page. 7.2 Bidder shall not charge for overnight when the unit is not in use. 8.0 HOURS OF SERVICE—Regular hours shall be from 7:00 A.M to 4:00 P.M., Monday through Friday. Work may continue past a normal eight(8) hour work shift if needed and the additional Overtime Rate Charge may be added to the Bas Hourly Equipment Rate, with City's approval. Revised 7.11.18cg 9.0 CONTRACTOR RESPONSIBILITIES 9.1 Supervision-The Contractor shall,during all periods of performance,provide competent supervision of employees to assure complete and satisfactory fulfillment of the work and the terms of this agreement. The Contractor or a capable,fully authorized representative must be immediately available during all work activities to receive special instructions from the directing City employee or his designee. 9.2 Safety-The Contractor must be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include,but not necessarily be limited to Environmental Protection Agency(EPA)regulations, Fort Worth City Ordinances, Occupational Safety and Health Agency(OSHA)regulations,and Texas Department of Transportation(TxDOT)regulations. In addition,the Contractor shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 9.3 Hazards-The Contractor shall at no time permit placing or use of equipment in such manner as to create safety hazards. Contractor personnel shall provide appropriate traffic control and warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel, even to the point of interrupting their own work, if necessary. If closure of a public street is needed,the City shall obtain all necessary permissions and permits prior to placing a crane. 9.4 Defective Work and Damages-The Contractor shall be wholly responsible for and shall promptly corrector restore all defective Work or damages to any/all City facilities caused by its activities. Restoration and correction shall be to the complete satisfaction of the City.This shall apply to any part of a building, its appurtenances,or the adjacent grounds, beyond normal wear and tear, or any other tangible damage incurred in the performance of the Contract. Failure by the Contractor to proceed promptly with corrective actions may be cause for cancellation of this Contract with amount(s) necessary to correct defective work and/or damage being withheld from payments due or to become due to the Contractor. 10.0 HOURLY RATES-The hourly rates shall include all costs and charges to provide these motorized crane services. This shall include all charges for operational personnel for the type, size and intended use of the crane provided (Supervisor. Riggers, Flaggers, support labor. etc.)Also, include all necessary Permit Fees. Hourly Rates must include all fuel charges. No Fuel Surcharges may be charged in addition to the Hourly Rate. 11.0 OVERTIME CHARGES—The overtime rate shall be stated as an incremental addition to the base hourly rate. Example; for three hours overtime if Base Rate bid was$100.00/hour and Overtime Rate bid was$25.00/hour:$300.00 (three times base hourly equipment rate) +$75.00($25.00/hour times three hours)_$375.00(Total Overtime Charge for that job). 12.0 ESTIMATES/DELIVERY TERMS-Written estimates shall be provided to City Departments are to be complete including transportation costs(total estimated cost for transportation using a tractor and trailer rate per hour, if necessary(includes fuel costs)and time costs to the City's locations (portal to portal).The City will not accept additional charges for expenses, labor, mileage,fuel surcharges or similar items. 12.1 Hourly rates shall remain firm throughout the term of this agreement. 12.2 All prices bid shall be offered and items delivered with the terms of"Portal to Portal"which includes all charges for fuel, labor, and permits in the Hourly Rate. 13.0 BIDDERS QUALIFICATIONS 13.1 Bidders must be able to demonstrate adequate staff, a luipment and experience to fulfill the requirements of this specification. References from existing accounts, financial statements, list of projects recently completed and in process,major equipment available, experience of the principal members of the Bidder's organization and a letter of good standing with any or all licensing agency(s)may be requested prior to award. If so,the letter must be submitted within seven calendar days fiom the date of request. 13.2 In order to receive bid award consideration, the bidder shall maintain sufficient equipment and staffing to fulfill normal City requirements.The bid Jer must demonstrate its ability to deliver services within the time requirements listed herein. 13.3 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself,another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Contractor failure or inability to fumish services within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. M&CRcvicw Page lof2 Official site m the City w Fort Worth,Texas �� �� �� ������ COUNCIL AGENDA-__ - - -�.- ~-- - _�~- ~ ~`�~~~ ~~-~ ~ � COUNCIL ACTION: Approved om9/35/3O18 13P18-038O �W{}TC)R|ZED REFERENCE DATE' ����018 °°P'12255 L���� y���/�E' CRANE SERVICESK�JR ' ��Q''' ' WATER PUBLICCQC�E' P TYPE: CONSENT NO ' HEARING: SUBJECT: Authorize Execution of Purchase Agreement with Wildcat Cranes, Inc., for Motorized Crane Services in an Annual Amount Up to $250,000.00 and Authorize Five Renewal Options for all City Departments (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of a Purchase Agreement with Wildcat Cranes, Inc. for motorized crane services in an annual amount up to $250,000.00 and authorize five nenevvo| options for all Qb/ Departments. DISCUSSION: The Water Department approached the Purchasing Division to establish an annual Agreement for the purchase of motorized crane services for lifting and placing of large pieces of equipment as a part of City facilities maintenance and operations for all City Departments on an as-needed basis. Staff issued on Invitation to Bid (|TB) consisting of detailed specifications to11 related vendors. The |TB was advertised inthe on August 1. 2O18. August 8. 2018. August 15. 2O18 and August 22. 2018. The City received one bid. See attached Bid Tabulation. Staff recommends awarding o contract to Wildcat Cranes, Inc., with five one-year options tn renew. No guarantee was made regarding the amount of these items that would be purchased. The ITB amount for the departments' annual requirements is $250,000.00. The proposed contract would allow the unit price to be increased so long as the City approves the increase. |n addition, on administrative change order or increase may be made by the City Manager in the amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. The Water Department reviewed the pricing and found pricing to be fair and reasonable. K8/VVBE {}Mioe-A waiver of the goal for K8/VVBE subcontracting requirements was requested by the Purchasing Division and approved by the MANBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. Upon City Council approval, the Agreement shall begin upon execution of the Agreement and shall end on September 30, 2019. The City shall have five options to renew the Agreement; four one-year renewal periods (October 1 to Septonnber30) and the fifth renewal period which oho|| run from October 1 to the anniversary of the date of execution. FISCAL . The approval of this action provides purchasing authority up to $250,000.00 as specified. The Director of Finance certifies that funds are available in the current operating budget, as appropriated, and that prior to an expenditure being made, each participating Department has the responsibility to validate the availability offunds. Future year appropriations are subject to Mayor and Council hUn:/6n`ya.cfwoc1.org/couooil nackcb\oo_rcvicvv.aay?lI}=263UU&couocildn1c=9/25/2Ul8 2/5/2019 M&C Review Page 2 of 2 approval. BQN\18-0380\MJR TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Cynthia B. Garcia (8525) Additional Information Contact: Jane Rogers (8385) ATTACHMENTS 18-0380 Motorized Crane Services Bid Tab.pdf 18-0380 Wildcat 1295 2018-396919.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26300&councildate=9/25/2018 2/5/2019