The URL can be used to link to this page

Home My WebLink AboutContract 52611 CITY SE—CRFTARY CONI'RACT NO. �o10 CONTRACTOR SERVICES AGREEMENT Traffic Barricade Rental Equipment RF'Qt No.19-0174 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, P_)u-rr,es P�AR0.t epy>>S, I,,3e_ ("Contractor"), an entity authorized to perform work in Texas, acting by;and through its duly authorized umver cr•_ .This Agreement shall be effective as of the Effective Date established herein. AGREEMENT DOCUMENTS: The additional documents comprising this Contractor Services Agreement shall include the following: I. Attachment A—Standard Terms and Conditions,Parts I and II; 2. Attachment B -The City's Invitation to Bid("ITB"), excluding Part V, Attachments B and F thereto; 3. Attachment C—Contractor's Response to ITB,specifically Part I-A Bid Solicitation Form; 4. Attachment D--Insurance and Bonds; S. Attachment E-Verification of Signature Authority Forrn. Attachments A-E,are incorporated herein and made a part of this Agreement for all purposes.In the event of any conflict behveen the terms and conditions of Attachments A - C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. L SCOPE OF SERVICES Contractor hereby agrees to provide Traffic Barricade Rental Equipment & Services for the City of Fort Worth 'Water Department as per Attachments B and C which more specifically describe the services to be provided hereunder. 2. TERM This Agreement is effective as of the date subscribed below by the City's designated Assistant City Manager ("Effective Date") and shall expire on the immediately following September 301s ("Initial Term"). 3. COWRENSA.TION City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B. Total payment made under this Agreement per term shall he the amount of j$ 50 0.00(.00 ("Contract Amount"). Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION/CANCELLATION 19-OV4 Traffic Barricade Rental Rqutpment OrFICUAL RECORD Contractor Services Agreement CITY SECRETARY FT. WORTH,TX f Termination. The City reserves the right to terminate this agreement, or any part hereof, with or without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the reasonable satisfaction of the City, incurred as a result of the termination. In no event shall the total of all amounts paid to the Contractor under this section exceed the price stated in the Agreement. The Contractor shaII not be reimbursed for any profit which may have been anticipated,but which have not been earned up to the date of termination. Cancellation: City shall have the sole right to cancel this contract prior to the commencement of work should there be a change in the need for the product or services as determined by the Department Head or hislher Assistant City Manager. Non-Ai) ropriation of funds: In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then City will immediately notify Contractor of such occuii-ence 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 City 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- S. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL I ,ORKATION Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made Hill disclosure in writing of any existing or potential conflicts of interest-related to Cgntractor'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. 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. 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. MEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondeat 19-0174 Traffic Barricade Rental Equipment Contractor Services Agreement ,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. 7. LIAB,TLITY AND 1"EMNIFICATIaN LL4BILITY- CONTRACTOR SHALL BE, LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL "VJURY, .irNCLUDJNG DEATH, TO ANYAND ALL PERSONS, OF ANYIQND OR CHARACTER, WHETHER(ZEAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSIONS), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. INDEMATFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES, FROM AND.AGAIN,ST ANY AND ALL CLAIMS OR LAWSUITS OF ANY XMD OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARrSTNG OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE.EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICER,S,AGENTS,SERVANTS OR EMPLOYEES 8. A.SSXGNMENT 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. INSURANCE AND BONDING Contractor shall provide City with certificate(s) of insurance documenting policies of the types and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect prior to commencement of any work pursuant to this Agreement as provided for in Attachments D and D- 1, attached hereto and incorporated herein. 19-0174 Traffic Barricade Rental Equipment Contractor Services Agreement 1.0. COMPLIANCI;WITH LAWS ORDINANCES RULES AND REGULATIONS Contractor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal,state and local laws,ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations as set forth in Attachment A, fart 11, Section 14. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist fi•om and correct the violation. 11. NON-DISCRUMNATION COVENANT 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 cinpioyment of any individual or group of individuals on any basis prohibited by law, including Chapter 17, Article 1I1, Division 3 of the port Worth Cade. III` ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCII LIABILITY AND TO INDEMN]I'Y AND DEPEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 12. 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) 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: Steven Rathers,Buyer 200 Texas Street _4 °r 6A }R Fort Worth,TX 76102-6314 u iy - Email: Steve.Rathers a@forMorthtexas_gov Phone: 8C3-6 357-35 31; Phone: 817-392-2057 Facsimile: l J,'acsimile:(817)392-8440 Email: With copy to Sort Worth City Attorney's Office at same address 13. 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. 18-0174 Traffic Barricade Rental Equipment Contractor Services Agreement 14. 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. Is. NO WAIVER The failure of City or Contractor to insist upon the performance of any tern or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. 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. 17_ SEVERABILLIT 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. 18. FORCE MAJ7;TJRE City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force maj eure 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. 19. AMENDMENTS/MODWICA.TIONSI 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. 20, RNTM-P.TV OF AGREEMBNT This Agreement, including its attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their respective assigns and successors-in-interest, as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 21, 'WARRANTY Contractor warrants that its services will be, of a professional quality and conform to generally prevailing industry standards. Contractor warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract.Additional specific warranty provision are found in 19-0174 Traffic Barricade Rental Equipment Contractor Services Agreement Attachment A, Part 1, Sections 9-13. Ail warranty provisions shall survive the expiration of this Agreement. City shall give written notice of a breach of any warranty within thirty (30) days from the date that the cause for same is discovered. 22- PROHIBITION ON CONTRACTING'V4 rFH COWWANIES THAT BOYCOTT ISRAlEL Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Contractor has 10 or more full tune-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2270,Texas Government Code applies, Contractor- (1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract. 23. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 24. READINGS 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. 25. RE, VIEW OF COUNSEL The parties acknowledge that each party and its counsel have had an opportunity to review and reviso 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. 25. 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. 27. 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 19-0174 Traffic Barricade Rental Equipment Contractor Services Agreement 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 naive, title and signature is affixed on the Verification of Signature Authority Forni, which is attached hereto as Attachment E. Each party is fully entitled to rely on these warranties and representations-in entering into this Agreement or any amendment hereto. 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 OZ''TORT WORTH: CONTRACTOR: By: By: Name:?�R me: Title: Ass stant City L anager 'itle: ; Date: Date: APPROVAL RECOMM,NDED): By: 1 Name: C ra v Title: 'DI•rc.l�„•DirectorATTEST: a ame: Ia J.I Title: Ct sec etary � N APPROVED AS TO FORM AN CT COMPLIANCE MANAGER: By signing I acknowledge that I am the person By: - responsible for the monitoring and Name: ouglas W Back administration of this contract, including j Title: Sr.Assistant City Attorney ensuring all performance and reporting I CONTRACT' ri'rWnRTZA.TION: requirements. MIS _ � A- Date:_ Title: ot 'Ar& <` �tfQb'rrfof I I 1 S-0174 Tragic Barricade Rental Equipment ®��® Contractor Services Agreement CITY SECRETARY A`I`TACFID NT A PART-I SPECIFIC TERMS AND CONDITIONS 1.0 CHANGE IN COMPANY NAME OR OWNERSEW The Contractor shall notify the City's Purchasing Manager, in writing of a company name, ownership,or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 2.0 INVOICING RE QUIRE ME, 2.1 All invoices should be submitted directly to the contracting Department. It is the responsibility of the Contractor to obtain the name and contact information of the Department's project manager to whoin invoices shall be submitted_ 2.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Contractor's name,phone number/email address, federal tax identification number,ITB/RFQt number,invoice number,address, date, service or item description, unit price, extended cost,and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments,as they shall be returned to the Contractor for correction and re-submittal. 2.3 Under no circumstances will the City be responsible for goods or services provided without an Agreement signed by an authorized city representative. 3.0 UNIT PRICE ADJUSTMENT 3.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during a renewal period but not before the effective date of a renewal and only upon written request from the Contractor. 3.2 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. 3.3 If the City does not accept the proposed rate increase,the City reserves the right to adjust the rate request,or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. 3.4 Prices bid or adjusted with a renewal, shall remain firm for each correlative term of the Agreement. 3.5 Upon expiration of the Agreement term,the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re- bid an agreement,not to exceed ninety(90)days. Contractor will be reimbursed for this service at the prior agreement rate(s). Contractor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 1 9-OW4 Traffic Bardeado Rental Equipment contractor Services Agreement 3.6 Goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to the City. 4.0 OVANTITIES The quantities listed on the Part 1-A laid Solicitation Form are estimates and do not indicate intent to purchase a certain amount o1•any amount. 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. 5.0 INSURANCE AND BONDING SEE Q-UIPX,MI;NTS Insurance requirements are found in the Agreement,Attachment D. A valid certificate of insurance shall be provided with the signed Agreement. Failure to provide such information within five (5) calendar days thereof may be grounds for termination of the Agreement. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtainn such coverage, the contract price shall be adjusted by the cost of tine premium for such additional coverage plus 10%. Bonding requirements are described in the Call, Part 1I, Section 9.2. If said bonds are required, the forms will be attached to the Agreement as Attachment D-1. 6.0 COMPLAINTS Complaints processed through the City Purchasing Division are to be corrected within fourteen (14) days of formal notice of complaint. Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the cancellation of the applicable line item(s)in the price agreement. 7.0 SUBCONTRACTING Subcontracting of the work under this Agreement will be allowed provided Contractor notifies the Project Manager at least 24 hours in advance. If Contractor intends to engage a subcontractor(s)to perform any of its obligations herein, subcontractor(s) shall agree to be bound by the duties and obligations of Contractor under the Contract as such duties and obligations may apply_ Contractor shall, upon request, provide City with a fully executed copy of any agreement making such subcontract. 8.0 DELIVERY 8.1 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_ 9.2 There may be instances when the Contractor may be asked to accelerate delivery of an order or services due to extenuating or emergency circumstances. When this occurs, the Contractor will be expected to provide this service at no additional cost. 19-0174 Traffic Barricade Rental Equipment GontractorServices Agreement 8.3 In the event the Contractor is unable to meet the original delivery date(s),the City must be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be grounds for canceling order(s) or services, or the entire Agreement. 8.4 Delivery tickets must include the City's Blanket Order Number and the ordering department's Release Number. 8.5 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to the City. If the item (s) are not picked up within one (1) weel, after notification, the item shall become a donation to the City for disposition. 8.6 Material Safety Data Sheets(if applicable) 8.6.1 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. 8.6.2 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277-A, shall place the Contractor in non-compliance and shall result in civil or criminal penalties. The Contractor furnishing substances or mixtures subject to RSA, 277-A, is responsible for adhering to and being in compliance with this law. Failure to comply with RSA 277-A,shall result in the cancellation of an order. 9.0 WARRANTIES 9.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 9.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is fi-ee from any defect in workmanship,equipment,material, or design furnished by the Contractor or any supplier at any tier. 9.1.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines "prompt" repair or replacement to be within twenty- four (24) hours after notification by authorized City personnel. 9.1.3 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City. 9.1.4 The Contractor shall remedy at the Contractor's expense any non-conforming or defective products or work. In addition, the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth, when that damage is the result of a defect of products furnished. 9.1.5 The Contractor's wwTanty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 19-0174 Traffic Barricade Rental Equipment Contractor Services Agreement 9.1.6 The City of port Worth shall notify the Contractor,within a reasonable time after the discovery of any failure,defect,or damage. 9.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 9.1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 9.2 With respect to all warranties, expressed or implied,from,manufacturers, or suppliers for work performed and materials furnished under this contract,the Contractor shall: 9.2.1 Obtain all warranties that would be obtained in normal commercial practice; 9.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 10.0 PRICE)YAREAM 10.1 The price to be paid by City shall be that contained in Contractor's proposals which Contractor warrants to be no higher than Contractor'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 Contractor breaches this warranty, the prices of the items shall be reduced to the prices contained in Contractor's proposals, or in the alternative upon Contractor's option, Contractor shall have the right to cancel this contract without any liability to Contractor for breach am° for Contractor's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Contractor may have in law or equity. 10.2 Contractor 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 Contractor for the purpose of securing business.For breach or violation of this warranty,City shall have the right,in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage,brokerage or contingent fee, or otherwise to recover the full amount thereof. 11�0 ' Contractor 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 Contractor. Contractor warrants that the goods furnished will conform to City's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Contractor, if any. in the event of a conflict between City's specifications,drawings,and descriptions, City's specifications shallgovern. 12.0 aA+E. Contractor warrants that the product sold or services provided to City 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 or services do not conform to OSHA standards, City may return the product for correction or replacement at Contractor's 19-0174 Traffic Barricade Rental Equipment Contractor Services Agreement expense or City may terminate the contract. In the event Contractor fails to make appropriate correction within areasonable time,any correction made by City will be at Contractor's expense. Where no correction is or can be made, Contractor shall refund all monies received for such goods or services within thirty (30) days after request is made by City in writing and received by Contractor. Notice is considered to have been received upon hand delivery, or otherwise in accordance with the Notice provisions of this contract. failure to make such refund shall constitute breach and cause this contract to terminate immediately. 13.0 ' 10BVM`1'Of'INTI'r1I.I�-1ET JAL)? '' Y 13.1. if applicable to the services being provided, the CONTRACTOR warrants that ail 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 a$ the "Deliverables,")do not infringe upon or violate any patent,copyrights, tra,dernarks, service marks,trade secrets, or any intellectual property rights or other third party proprietary rights,in the performance of services under this Agreement. 13.2 If applicable to the services being provided, CONTRACTOR shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service marls, 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. 13.3 If applicable to the services being provided, CONTRACTOR agrees to indemnify, defend, settle, or pay, at its oven cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trademark, service marls, 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 CONTRACTOR bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, 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 the 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 the City for infringement arising under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, CONTRACTOR shall fully participate and cooperate with the 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. Notwithstandbag the foregoing, the City's assumption of pay►neut of costs or expenses shall not eliminate CONTRACTOR'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, CONTRACTOR shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Doliverable(s); or (b) modify the Deliverable(s) to mare thenilit non-infringing, provided that such modification does not 19-0174 Traffic Barricade Rental Equipment Contractor Services Agreement materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s)with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or(d) if none of the foregoing alternatives is reasonably available to CONTRACTOR, terminate this Agreement, and refund all amounts paid to CONTRACTOR by the City, subsequent to which termination City may seek any and all remedies available to City under law. 14.0 SAFETY The Contractor shall be responsible for creating and maintaining its own safety plan meetinb all federal,state, county or city laws, ordinances and regulations. 15.0 HAZARDOUS CONDITIONS The Contractor is required to notify the City immediately of Contractor's discovery of any hazardous conditions during performance of the services.City may suspend contractor's work.for such reasonable time as is necessary to evaluate the possible hazardous conditions and to develop a plan for managing same. Contractor and City may negotiate a change order, if necessary, for Contractor to continue its work if the original conditions have materially changed due to the discovery of hazardous conditions. 15-0174 Traffic Barricade Rental Equipment Page 13 of 21 Contractor Services Agreement PART-H GENERAL TERMS AND CONDITIONS 1.0 PX,, 'LT_QN OLDS M The City of Fort Worth, its officers, agents, servants, authorized employees, contractors and subcontractors who act on behalf of various City departments,bodies or agencies. 2.0 D� i1N1 rOX-0 C-9B ACMI The consultant, service provider(s), supplier, or other provider of goods and/or services, its officers, agents, servants, employees, contractors and subcontractors who act on behalf of the entity which is engaged in a contract with the City. 3.0 LXrr LJf-IINT'ORMA.T1QN Any information submitted to the City of Fort Worth may be requested by a member of the public under the Texas Public Information Act. If the City receives a request for a Contractor's proprietary information, the Contractor 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 Contractor believes that its information may not lawfully be released. [f Contractor does not snake arguments or the AG rejects the arguments Contractor makes, Contractor's information will be released without penalty to the City. 4.0 PRO + ��ST TN C(3NTRA CTS No officer or employee of City shall have a financial interest, direct or indirect, in any contract with City or be financially interested, directly or indirectly, in the sale to City of any land, materials, supplies or set-vices, except on behalf of City 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) 6.0 DIED-M 5.1 No employees of the City or its officers, agents, servants, contractors or subcontractors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the City.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 City's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Contractor without an approved contract number, purchase order number, or release number issued by the City may result in rejection of delivery,return of goods at the Contractor's cost and/ornon-payment. 6.0 ' If applicable to the scope of work, Contractor will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and pennanently marked as follows;(a)Contractor'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 I of 4 boxes; and(d)Number of the container bearing the paeldng slip. Contractor shall bear the 19-0174 Traffic Barricade Rental Equipment Page 14 of 21 Contractor Services Agreement 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. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 ��11 €Biwau, ' S�I�IT1i�� Contractor is not authorized to ship the goods under reservation,and no tender of a bill of lading will operate as a tender of goods. 8.0 Tl U- k "TaKJOVIAMS If applicable to the scope of work,the title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery alter inspection and acceptance of the goods. 9.0 PLACE OED1;USTEY If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order,or release order. 10.0 RLOIT O7s`I 1SPT,C_TIM If applicable to the scope of work, City shall have the right to inspect the goods upon delivery before accepting them_ Contractor shall be responsible for all charges for the return to Contractor of any goods rejected as being nonconforming under the specifications. 11.0 ILLCM EMUMMMEACYM If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software, This software is "proprietary" to Contractor, and is licensed and provided to the City 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 Contractor; however City may make copies of the software expressly for backup purposes. 12.0 03Yr i If applicable to the scope of work, Contractor agrees that City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent,trademark,trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first).Each copyrightable aspect of the Work Product shall be considered a"work made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, fi•ee from any claim, lien for balance due, or rights of retention thereto on the part of City. Contractor for itself and on behalf of its contractors hereby waives any property interest in such Work Product. 19-0174 Traffic Barricade Rental Equipment Page 15 of 21 Contractor Services,Agreement 13.0 N.ETORT�ACC PS,� The City owns and operates a computing environment and network(collectively the "Network`)- if Contractor requires access, whether onsite or remote,to the City's network to provide services Hereunder, and the Contractor is required to utilize the Internet, Intranet, email, City database, or other network application, Contractor 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. 14.0 LAWS,REGULATIONS,AND ORDINANCES The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property.This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA.), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 15.0 IMMIGRATION NATUMALMY-Ala Contractor shall verify the identity and employment eligibility of its employees who perform work under this Ageement,including completing the Employment Eligibility Verification Dorm (I-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMI*WY 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. 16.0 E + s1111,1 111,71151TIP1 :REO�[JIItI�11' +,NTS Services, products, materials, and supplies provided by the Contractor must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Contractor 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. Contractor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 17.0 RIGATMAEM Contractor agrees that the City, or City's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to City, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access, during normal working hours, to all necessary Contractor facilities, and shall be provided adequate and appropriate 19-0174 Traffic Barricade Rental Equipment Page 16 of 21 contractor services Agreement workspace, in order to conduct audits in compliance with the provisions of this section. City shall pay Contractor for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The City shall give Contractor reasonable advance written notice of intended audits, but no less than ten (10)business days. 18.0 JITBAR= In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, teens and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor 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 City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 19.0 TIME TO CURE(DISPUTE RESOLUTION 19.1 If either City or Contractor 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 provide a reasonable time to cure and then attempt to resolve the matter through this dispute resolution process.The disputing party shall notify the other party in writing as soon as practicable alter 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 cure, resolve any claim, dispute, breach or other matter in question that may arise out of, or ill connection with this Agreement. If the parties fail to cure or resolve the dispute within sixty(60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure any deficiency. 19.3 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the appropriate Department Head who may take appropriate action to cure the performance problem(s). 194 All costs to cure incutTed by the City shall be paid by Contractor within 30 days of Contractor's receipt of notice of same. 19.5 The Contractor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become,due and owing to the City. 19-0174 Traffic Barricade Rental Equipment rage 17 of 21 Contractor Services Agreement ATTACHMENT B CALL FOR BTDSIPROPOSALS FARTS I-II (Inserted behind this page) 19-0174 Traffic Barricade Rental Equipment Page is of 21 Contractor 9ervlces Agreement A + REQUEST FOR QUOTATIONS Purchasing Division 200 Texas Street, Fort Worth, Texas 76102-6311, Fax:817-392-8440 RFQUOTE NO: 19-0174 QUOTE FOR: TRAFFIC BARRICADE RENTAL EQUIPMENT QUOTE DEADLINE: MONDAY,JUNE 24,2019 @ 4.30 PM BUYER: STEVEN RATWERS EMAIL:FMSPurchasingResponses@fortworthtexas.gov INSTREIauffig..'LO siMO Quotes are solicited for furnishing the merchandise, supplies, services and/or equipment set forth.Completed Quote must be received in the Purchasing Division,200 Texas Street,Fort Worth,Texas 76102 by the above"quote deadline." Quotes may be submitting electronically email or faxed to 817-392-8440 addressed to the above Buyer,Cit of Fort Worth and have the bid number and opening date clearly marked on the fax cover a e. Late quotes will not be considered for award unless bidders are notified otherwise,Quotes may be withdrawn at any time prior to the official opening by written notification. Quotes may not be altered or amended after the official opening;however quotes may be withdrawn if there is a material mistake. Your quote must be submitted on this form. a Freight and all other delivery charges shall be included in the unit price(s)bid. The City is exempt from Federal Excise and State Sales Tax,therefore,tax must not be in in the quote price. Items quoted must meet or exceed City of Fort Worth specifications;however,the City of Fort Worth may consider and accept alternate quotes if specified herein when most advantageous to the City.The City reserves the right to hold to City specifications or to determine"or equal"status.The City reserves the right to accept or reject in part or whole any quote submitted,and to waive any technicalities not affecting price and make an award if in the best interest of the City. The undersigned agrees, if the quote is accepted, to furnish any and all items upon which prices are offered, at the prices)and upon the terms and conditions contained in the specifications.The period for acceptance of this proposal will be calendar days(90 calendar days unless a different period is inserted by the bidder)after opening date. Will agreement be available for Cooperative Agreement use? (See Section 6, Page 120 No C' f o Vliartl�S a rd errns an Con d it 1 ams-5-11--alIBA Company Name QUOTE EVALUATION &Address(Please write legibly). The quote award shall be based on,but not I necessarily limited to,the following factors: 1. Unit Price 7 CA, rtr�r2 LsJr��K+cut�:�r7 ��cs-Wet(62. Total Quote Price 3. Terms and Discounts Telephone no.(AC.)_Fax no.( ), 4. Delivery Date 5. Results of Testing Samples ac— Name 6. Special Needs and Requirements of the City 7. Past experience with productlservice SignatureL 8. Contractor's past performance 9. City's evaluation of the Contractor's responsibility r,_eurc� ,cam 31,>,FAVJ1(e&Date 10.Demurrage charges,freight costs and mileage 11.Estimated cost of supplies,maintenance,storage !r� - 12.Estimated Surplus value 2,!�-39a q RFQ No,19.0174 Page 1 Page 1 of 50 Buyers Barrlcadr rental Equipment ATTACHMENT "A" CONTENTS" o Part I Scope of Services/Specific Bid Information o Part I-A Bid Solicitation rosin o Part lI Instructions to Bidders Part III Specific Terms and Conditions Part IV General Terns and Conditions o Part V Attachments A-II o Part VI Agreement Form Page I of 43 Issued April,2019 RFQ No.19-0i74 Page 2 of 50 Buyers Barricade Rental Equipment PART-I SCOPE OF SERVICESISPECIFIC SID INFORMATION/QUESTIONS 1.0 SCOPE The City of Fort Worth (City) is seeking quotes to award one or more non- exclusive contracts to provide traffic barricade rental equipment and services on an "as needed basis" for the Transportation and Public Works Department ("TPW"), Water Department and Public Events Department. The City intends to award multiple agreements to provide full coverage of service.for the City. 1.1 Work to be performed shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) specifications. The City reserves the right to request additional services consistent-with the general nature of the scope of work such as emergency set tip equiprrrent within an hour and picking up equipment within (2) two hours of the request. The City further reserves the right to adjust the scope of work via issuance of a change order. 1.2 Material pick-up locations will be at various job site locations tlu•oughout the city of Fort Worth, depending on where work is being performed by the TPW, Water Department and Public Events Department. The address to these locations will be provided by the TPW, Water Department and Public Events Department at least 24-hours in advance,whenever possible. 1.3 Time restrictions, if any, will be set by the TPW, Water Department and Public Events Divisions. . 1.4 Unit prices shall include all costs associated with the specified work, including but not limited to Handling, delivery, fuel charges, and any other 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 successRil bidder(s) shall be known hereafter as Contractor or Vendor. 2.0 TE LIM The City intends for this to be an agreement that shall last until September 30, 2019. Agreement shall begin on the date stated in Purchase Order ("Effective Date") and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated eaflier in accordance with this Agreement ("Initial Terns"), unless City or Vendor provides the other party with notice of non-renewal at least 60 days before the expiration of the Initial Terre or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the successful bidder. ITS No. AND PROJECT NAME Page 2 of 43 Issued April.20-19 RFQ No.19-0174 Page 3 of 50 Buyers Barricade Rental Equipment 3.0 SCIIEDUL,E AND A DITIOIVAL BID RE(,�I71Rl ME,NTS Bids shall be responsive to this Part I, Part I-A and otherwise in accordance with Part II, Instructions to Bidders. 3.1 Any bid that does not include a response for ALL of the requested services on the Bid Solicitation Form may be rejected. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 3.2 Schedule of Bid Events: RI'Q Release Date June 14, 2019 Pre-Bid Conference NONE Dr,adline for Questions June 18,2019 at 5:00 PM (Local Time) Answers Posted June 19, 2019 Response to RTQ Druc June 24, 2019 by 4:30 PM (Local Time) Anticipated Award of Contract Date .Tune 26,2019 3.3 Bidders shall submit the following items with their bid: 4.3.1 A completed and signed original Request for Quote(RFQ) Cover Sheet; 4.3.2 A completed and signed original Bid Solicitation form (Part I-A); 4.3.3 A completed and signed original Conflict of interest Questionnaire (Part V, Attaclunent A); 4.3.4 A completed Bidder's Contact Information Form (Pali V,Attachment B); 4.3.5 A completed Consideration of Location of Bidder's Principal Place of Business (Part V, Attachment C); 4.3,6 A completed Reference Sheet(Part V, Attachment D); 4.3.7 All items listed in Part [I, Section 3.0, and Biddci's Qualifications; 4.3.8 A copy of all submitted documents saved on a flash drive. 3.4 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. Failure to submit the items listed herein may be grounds foi rejection of a bid asnoli-responsive. 4.0 METHOD OF LVARD Contract(s) will be awarded the lowest responsive and responsible bidder complying with all of the provisions of the RTQ, provided the bid price is reasonable and it is in the best interest of the City to accept it. 5.0 ]JESERVATIONS ITB No. AND PROJECT NAME Page 3 of 43 Issued April,2019 REQ No.19-0174 Page 4 of 50 Buyers Barricade Rental Equipment 11, Order for the City to receive adequate coverage on its goods and/or service's needs, the City expressly reserves the following rights: 5.1 To male multiple contract awards; 5.2 to accept or reject in whole or in part any or all bids received and to i-n-Ae an award on the basis of individual item, combination of items, or overall bid, as it is decnred in the best interest of the City; 5.3 To consider and accept alternate bids, if specified in the RFQ, when most advantageous to the City; 5.4 to waive as an informality,minor deviations from specifications provided they do not affect competition or result in fitnctionally unacceptable goods or services; 5.5 To waive any minor informality in any bid Or RFQ procedure(a minor informality is one that does not affect the competitiveness of the Bidder); 5.6 to add additional terms or modify existing terms in the RFQ by addendum prior to the bid opening date; 5.7 to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature; 5.8 to evaluate bids in relation to the performance record of Bidder with the City, another municipal corporation or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Contractor's failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City and the public at large; 5.9 to reject a bid because of unbalanced unit prices; 5.10 to specify approximate quantities in the RFQ; 5.11 to extend the RFQ opening date and time; 5.12 to reissue an RFQ; and/or i 5,13 to procure any item by other means. 6.0 E TI NS Questions, explanations or clarifications desired by a Bidder regarding any part of the bid must be requested as detailed in Part U,Section 2.0. Email questions to:F'MSPurchasi.n=Res ones fortwortlitexas. ov Bidders must include the RFQ 19-0174, name of the bid and the name of the buyer in the subject line, ITB No. AND PROJECT NAME Page 4 of 43 Issued April,2019 Page 5 of 50 RFQ No.19-0174 Buyers Barricade Rantal Equipment Please note, if an e-mail confirming receipt of your e-mail is not received within 1 business clay,please contact City of Fart Worth Purchasing at 817-392-2462. If by facsimile: (817) 392-8440, Attention Steven Rathers and RFQ No.19- 0174. ITS No. AND PROJECT NAME Page 5 of 43 Issued April,2019 RFQ No.19-0174 Page 6 of 59 Buyers Barricade Rental Equipment BID SOS_gCITA 1 M Printed:06M 312019 BID GPENING.DATE,AND TIME.6124120/9 4430:00 PM BID NUMBER: -19-0174 f'�!2 ��[�t'l�nZ ��•� ' ,�7G[,l�IC1lUCa �.�Fp,�rrr�t•Tla� Jv �i�csP,�,<rl'iM'� BUYER:Steven Rathers PHONEM (817)392-2057 DELIVERY REQUIRED:6/21/2019 V Vendor Name: S City or Ft Worth E 61`r Rr2l 1Cf?1JLS 1,ve. y � Address: pp l PURCHASING DIVISION ?q �� rJ J/a P LOWER LEVEL CITY HALL P FORT WORTH TX 76102 O City,State Zip Code: Rrah LL-LA)j7 diU a !� ( T R O Item Class-Item Quantity tJnit Unit Price Total 1.000 The City or Fort Worth(City)seeks quotes from qualified bidders for an annual agreement to provide traffic barricade rental equipment for the Water Department,Public Events Department and Transportation and Public Works Department.This Agreement shall begin on the data staled in Purchase Order(Effective Date)and shall expire on upcoming September 30th,(Expiration Date).However,if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the successful bidder,known hereafter as Vendor or Contractor. 2,000 Rental of Drums,High Intensity 365 DAY 4�Q4 T 7 3,000 Rental of Small Signs 4 DAYS 4.000 Rental off Small Signs(1-8 Sq.FL) 549 DAY ©•�� I�"t.'�� 5.000 Rental of Arrow Boards(Electric Slgns)(Self Generated) 168 DAY l�. �� •(` 6.000 Rental of Message Boards(Electric Signs)(Self Generated) 20 DAY jor:O.V0 7.000 Large Signs 1056 EA �• !� ' f] C3 6.000 Sign Stand 1056 EA t 2•C7Q .' 'Li l.0•00 9.000 Type 3 barricades with Light High Intensity 600 EA 'bfl�� %�4)0.mo 10.000 Navigators with Largo Relfectors 1600 EA �� fv r f CJ .00 RFQ No.19-0174 age 7 of 50 Buyers Barricade Rental Equipment BID SOUC68AMN Printed:06/1X2010 BID OPENING DATE AND TIME; 612412019.4::3000 RM DID NUMBER: 19-0174 !o Aacily ro'l. 13UYER:Steven Raihers PRONE#: (817)392-2057 DELIVERY REQUIRED:6121/2019 V Vendor Name: // S City of Ft Worth E l u s _S l� R1Zlr?�t17/`7 Al H N Address: , PURCHASING DIVISION D Q4j 1LF!} > ot/I7 I LOWER LEVEL CITY HALL p City,State Zip Code: �- FORT WORTH TX 76102 , 4ktj4Var�dw,5 ry 7�If� T a Item Class-Item Quantity Unit Unit Price Total 11.000 Navgators 90 EA 12.000 Vertical Panels with 2 Way Arrows 895 EA 13,000 Emergency Set up of Equipment 60 EA 14.000 Development of Site Plan and Permit Fee(When Required) 144 EAR 15.000 Additional Charge to respond after-hours 501 pm-7:00 am,Monday- 200 EA Friday and all day Saturday&Sunday)and/or Holidays 16.000 Mobilization cost during normal work hours(Includes detivery,setup, 275 EAO•L maintaining site,and pick-up of traffic control devices) 0 / 17.000 %Discount from regular rental rates for items not listed 1 DAY 'TOTAL: tog .ZQ WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST RE FIELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: o hr{S COMPANY: &'Ier-4 5 134alaze,5 DELIVERY: �r, ,lCI I(}�{.'!((� SIGNATURE: TELEPHONE NUMBER: NAME AND TITLE: h] �� Lr I=YE�ci'�!✓� RFQ No.19-0174 Page 8 of 50 Buyers Barricade Rental Equipment PART-11 INSTRUCTIONS TO BIDDERS 1,0 R_CVIEJr, D C 1M>l,_ENTS Bidders are expected to examine all documents Chat male up the Request for Quote ("RI'Q"). Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the RFQ. The City assumes r-ro responsibility for any errors or misrepresentations that result from the use of incomplete RFQs. 2.1 EXPLANAA10NS OR QLARVICAT"NS 2.2 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the RFQ must be requested in writing from the Purchasing Division or the Project Manager and must be received as per the schedule established in Part I, Section 4. Interpretations, corrections, or changes to the RFQ shall be communicated by addendum to all known prospective Bidders. Communications made in any other manner are not binding upon the City and Bidders shall not rely upon such communications, including oral explanations or instructions provided at any prc-bid conference. Any oral COMnnunications stated by any department are considered unofficial and non-binding with regard to this RFQ. 2.3 Requests for explanations or clarifications may be ernailed to the Project Manager or faxed to the City's Purchasing Division as provided in Part I, Section 7. The communication must clearly identify the Contractor's name and the RFQ number. 2.4 Unauthorized Communications: Bidders' contact regarding this RFQ with employees or officials of the City other than the Purchasing Manager, the Minority and Women Business Enterprise (MIWBE) Office, the Project. Manager or as otherwise indicated in the RFQ is prohibited and may result in disqualification frorn 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 ally City Council member, City staff, or City's consultan-ts regarding any matters pertaining to this RFQ, except as herein provided. Any violation of this prohibition may result in the Bidder being disqualified froin the procurement process. 3.1 BIDDER'S QuALILICAJION 3.2 The following information must be submitted as part of the bid package and shall be supplied in the following order: 3.2.1 Bidder's background, services provided and number of years in business. 3.2.2 Evidence that Bidder is duly licensed, 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. 3.2.3 In order to receive contract award consideration, the bidder shall maintain sufficient resources to frilfrll normal City of Port Worth requirements. 3.2.4 Bidders shall provide a reference list of a miniraurn of three (3) current customers for whom the bidder has recently supplied subject item(s) or performed RFQ No. 19-0174 san�re or similar work over a recent twelve(12) month period. Buyers Barricade Rental Equipment 4.1 PR.B� +PARATION OF BIDS Each Bidder must furnish all information required by the RFQ on the documents provided. Bids submitted on other than the forms included in the RFQ may be considered non- responsive. Any attempt to alter the wording in the RFQ is ineffective and will result in rejection of the Bid. 4.2 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State,and.most Federal Taxes. Bids i-nay not include exempted taxes. The successfiil Bidder should request a Tax Emernption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 4.3 Brand Name or Equal: If the RFQ 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. 4.4 Delivery 'A1ine: 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. 4.5 Free oil Board (FOB) Point: Fircight 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. See fart ill., See. 9 for further instructions. 4.6 Prices: 4.6.1 Bids shall be firm priced offers unless otherwise specihcd. 4.6.2 Pricing shall be entered on the Bid Sheet in ink. 4.6.3 Totals shall be entered in the "Total Price" column of the Bid Sheet. 4.6.4 In the event of discrepancy between unit price and extended price, the unit price shall govern. 4.6.5 Prices shall be offered in the Dollars of the United States of America (or decin.ial fractions thereof). 4.7 Signature: The Bidder must sign each document in the Rl,Q requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.8 Bid Security: if a bid security is required for this purchase,the requirement will be reflected in the"Specification" section of the bid package. 4.8.1 The bid security shall be in in amount of 5% of the amount bid. Cashier's check or .in 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. 4.8.2 To be an acceptable surety on the bond: Page 10 of 50 RFQ No.19-0174 Buyers Barricade Rental Equipment 4,821 The name of the surety shall be included on the current.Department of the Treasury's Listing of Approved Sureties (Department Circular 570);or 4.8.2.2 The surety must have capital and surplus equal 10 tunes the amount of the bond. The surety must be licensed to do business in the state of Texas. 4.9 Alteruate Bids: Bidders may offer an "equal" product as an alternate bid. Final "approved equal"determination remains with the City. 4.10 Proprietary Information: 4.10.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. (See Part IV, Sec. 3.0) 4.10.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed Lies with the Texas Attorney General. 4,10.3 Failure to identify proprietary information will result in all ruunarlced sections being deemed non-proprietary and available upon public request. 4.11 Bid Preparation Costs: All casts associated with preparing a Bid in response to the RFQ shall be borne by the Bidder. 4.12 Payments: A11 payrnerit terms shall be "Net 30 Days"Curless otherwise specified in the bid docunrrent. 4.12.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted our the City's website at, click on"Automated Clearing House Setup" 5.1 Si_ _ R F11S1SI0I T ®F BIDS Bid document: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy contained on a flash drive. Bids must be submitted in an opaque 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: 5.2.1 The completed and signed first page of this RFQ; 5.2.2 The Price Offer on the Bid Solicitation Form (Fart I-A);and 5.2.3 Any other document included in the RFQ requiring completion or execution by the Bidder. 5.3 Addenda: Receipt of any Addenda must be acknowledged by signing and returning the Addendum with the Bid. 5.4 Receipt of Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time set forth in fart 1, Section 4. The Bid must be received by the Purchasing Division and time-stamped before deadline to be considered. All Bids received after the Due Date and Time are considered late, will not be opened or considered and will be RFQ No.rt>�tWUd to the Bidder. The thne slamp clock on the receplionisi's desk in the 1'crMkik'4Rka Buyers Barricade Rental Equipment Division. is the thne of record. It is the sole responsibility of Clio Bidder to ensue timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies or any other forin of delivery service chosen by the Bidder or City's mail room. Bids delivered to a City location other than the Purchasing Division will not be considered. 6.1 MODIFICATION OR WITTIDRAWAL OF BIDS 6.2 Modification of Bids: Bidders may modify their bid if it is withdrawn and resubmitted prior to the Due Date. 6.3 Withdrawal of Bids: Bids may be withdrawn by submitting a written request to (lie Purchasing Manager at any tune-prior to the Due Date. Electronic submission of a notice to withdraw a bid is acceptable so long as the request is signed by the Bidder's duly authorized representative. Proof of same may be required by the Purchasing Manager prior to a withdrawal being permitted. A receipt of the withdrawal must be signed by the Bidder. 6.4 No bids may be withdrawn after the Due Date without a showing of good cause or unless there is a material error in the bid. 7.0 OP)rNIIiIC OT!'BIDS The Purchasing Division representative responsible for opening bids shall personally and publicly open all bids timely received, reacting each bid aloud including the name of the bidder and the price provided. 8.1 E,VALUATION FACTORS OF 131D AND AWARD 8.2 Evaluation: Bidders may Rimish pricing for all or any portion of the RFQ (unless otherwise specified). However, the City may evaluate and award a contract for any item or group of items shown on the 1111Q, 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. 8.3 Correction of Error's: Prices bid shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. Math errors in bids may be corrected by the City and the Bidder will be informed of said Corrections. 8.5 Responsible/Responsive Bidder: 8.5.1 A responsive bidder is defined to be one who submits a complete bid packet within the stated time deadline and in accordance with the bid specification. 8.5.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfiilly deliver the supplies, equipment, or services being procured. 8.6 Award. A contract, hereinafter called the "Agreement", shall be awarded to the bidder(s) with the lowest price bid and which are otherwise qualified and competent, unless the City exercises its rights not to award a contract. 9.1 POST-BID DOCUMENTS REQUIRED ><RO1VI BIDDERS 9.2 Certificates of Insurance: When insurance is required, the successful Bidder must pro`viide Certificates of Insurance in the amounts and for the coverages required as stated in RFQ No I9q;I and Dart V of this RFQ. Pago 12 of 50 Buyers Barricade Rental Equipment 9.3 Payment and/or Performance Bonds: When Payment and/or Performance Bonds are required as per Texas Government Code Chapter 2253, et seq,, as amended, 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 IT.B. A Payment Bond is required for a contract greater than $50,000 and a Performance Bond is required for a contract greater than$100,000. 9.4 Minority Business Enterprise (MBE) Documents: If an MBE goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two (2) City business Clays 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. 9.5 CertiBeate 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 Force 1295 and submit the form to the Purchasing contact listed in the ITB before the purchase/contract will be presented to the City Council. The form may be completed at htt-)s:f/www.ethics.statc.t�.ccsfwhatsnewlelf info form1295.1rttn. [0.1 PROTEST PR®C1f�DURE 10.2 Contractors who respond to Request for Quote have the right to protest the RFQ process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 110.3 The Contractor must submit any protest in writing to the Purchasing Manager within 14 days after the Contractor knows, or should have known, of the facts giving rise to a protest. 10.4 The Purchasing Manager, or designee, is authorized to take action to attempt to resolve a protest: concerning a purchasing action through informal discussions, mail, and email or in-person meetings with the protesting party. 10.5 After said discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Contractor of the right to review by a panel made tip of City staff. an Assistant City Attorney, a representative of 10.6 A protest review panel will consist of the operating department and any other appropriate personnel or employees of the operating department, and the Purchasing Manager. 10.7 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Contractor does not agree, the protesting Contractor will be informed of its right, as a member of the general public, to attend any meeting of the City Council and make known his/her concerns. 10.6.1 Contractors wishing to speak before the City Council should review the rules for registering to appear- before City Council located at: htt :l/forLwortbtp-xas.gov/citysecretaly/ii-ifo/defatilt.asl)x?id=2914 on the City's website. 11,0 T]III:J A REEME `i The Agreement shall consist of the RFQ and its attachments, Contractor's Response to the R F Q �� Pa e 13 of ar0 sB Fic 'djRj 461 ilj-1,P,pll1er Darts and attachments as are specified in the Agreemert`T. e 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 understanding as to the scope of work.No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in the Agreement. Acceptance of or acquiescence in a course of performance under the Agreement shall not be relevant to determine, the meaning of the Agreement even though the accepting or acquiescing party has imowledge of the performance and opportunity for objection. In the event of a conflict between the contract documents, the order of precedence shall be the RFQ, including its attachtnents, and then the Contractor's response. See Part VT for the Agreement document. Page 14 of 50 RFQ No.19-0174 Buyers Barricade Rental Equipment 12.0 CONTRACT A DMINISTRAT)I:ON Contract administration will be performed by the City Department on whose behalf the RFQ was issued. In the event the Contractor fails to perform according to the terns of the agreement, the Department head or his/her designee will notify the Contractor, in writing, Of its failt.t_res. A meeting may be arranged to discuss the Contractor's deficiencies. The process to cure or resolve disputes found in Part IV,Paragraph 19 shall govern. 13.1 COOPERA'I IV4 PURCHASING 13.2 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. 13.3 if the successfi l bidder agrees to extend the resulting contract to othef 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 RFQ. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that govertrlrrental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for n m tity's debts. Each governental entity shall order its own another governmental e material/services as needed RFQ No.19-0174 Page 15 of 50 Buyers Barricade Rental Equipmeni PART-III SPECIFIC TERMS AND CONDITIONS 1.0 CHANGLI_Ja.C��AN1r ��Ir__ ,I��P The Contractor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must. be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice Payments. 2.1 TNVOICINgl! QEI—I ;MEN T� 2.2 All invoices should be submitted directly to the contracting Department. It is the responsibility of Elie Contractor to obtain the name kind contact information of the Department's project manager to whom invoices shall be submitted. 2.3 A properly prepared invoice shall be typewritten or computer printed and shall include the Contractor's name, phone number/email address, federal tax identification number, ITB 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 fetruned to the Contractor for correction and re-submittal. 2.4 Under no circumstances will the City be responsible for goods or services provided without an Agreement signed by an authorized city representative. 3.1 UNIT PRICE . DJIUSTKE T 3.2 The unit prices may be adjusted for increases or decreases in Contractor's cost during a renewal period but not before the effective date of a renewal and only upon written request from the Contractor. 3.3 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustmetzt request. 3.4 If the City does not accept the proposed rate increase, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract tern. 3.5 Prises bid or adjusted with a renewal, shall remain Grin for each correlative term of the Agreement. 3.6 Upon expiration of the Agreement term, the successful bidder, agrees to hold over under the twins 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. Contactor will be reimbursed for this service at the prior agreement rate(s). Contractor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. RFQ No 1i11o17a Goods and/or services shall not be suspended by the Contractor witho%dj tRU4By Buyers the City. 4.0 UANT M, The quantities listed on the Part I-A.Bid Solicitation Form are estimates and do not indicate intent to purchase a certain amount or any amount. 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. 5.0 13i1�URANCL ItIJ >(JIRCMI;NTS Insurance requirements are found in Part V,Attachment G. A valid certificate of insurance shall be provided with the signed Agreement. Failure to provide such information within five (5) calendar days thereof may be grounds for termination of the Agreement. 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. Tn the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. &0 CO3MPLAINU Complaints processed through the City Purchasing Division are to be corrected within fourteen (14) days of formal notice of complaint. Written response to Lire Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the cancellation of the applicable line itern(s) in the price agreement. 7.0 IICONTRA .TINS Subcontracting of the work under this Agreement will be allowed provided Contractor notifies the Project Manager at least 24 hours in advance. If Contractor intends to engage a subcontractor(s) to perform any of its obligations lierein, subcontractors) shall agree to be bound by the duties and obligations of Contractor under the Contract as such duties and obligations may apply. Contractor shall, upon request, provide City with a fully executed copy of any agreement making such subcontract. 8.1 DELIVERY 8.2 Delivery shall be RO.l3. 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. 8.3 There may be instances when the Contractor may be asked to accelerate delivery of an order or services due to extenuating or emergency circumstances. Wizen this occurs, the Contractor will be expected to provide this service at no additional cost. 8.4 In the event the Contractor is unable to meet the original delivery date(s), the City must be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be grounds for canceling order(s) or services, or the entire Agreement. 8.5 Delivery tickets must include the City's Blanket Order Number and t11Pa90�d ring of 50 RFQ No.19.0174 Buyers Barricade Rental Equipment department's Release Number. 8.6 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to the City. If the item (s) are not picked up within one (1) week after notification, the item shall become a donation to the City for disposition. 8.7 Material Safety Data Sheets (if applicable) 8.7.1 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 delivety. 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. 8.7.2 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277-A, shall place the Contractor in non-cornpliance and shall result in civil or criminal penalties. The Contractor furnishing substances or mixtures subject to RSA 277-A, is responsible for adhering to and being in corllpliaLice with this law. failure to comply with RSA 277•-A, shall result in the cancellation of an order. 9A 'WARRANLffiS 9.2 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 9.2.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforius to the agreement requirements and is free front any defect in worlunanship, equipment, material, or design furnished by the Conti-actor or any supplier at any tier. 9.2.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Tort Worth, any and all defective work and products. The City defines "prompt" repair or replacement to be within twenty- four (24)hours after notification by authorized City personnel. 9.2.3 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City. 9.2.4 The Contractor shall remedy at the Contractor's expense any lion- conforming or defective products or work. In addition, the Contractor shall remedy at Contractor's expense any darnage to real or personal property owned by the City of Fort Worth,when that damage is the result of a defect of products fiirnished. 9.2.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 9.2.6 The City of port Worth shall notify the Contractor,within a reasonable time after the discovery of any failure, defect, or damage. 9.2.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 9.2,8 This warranty shall not include failures attributable to accident, fire, or RFQ No.1 S-0174 Page 18 ai 50 ne�li�eru:e on the part of City personnel. Buyers Barricade Reno t t uipment I 1; 9.3 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials fitrnished under this contract, the Contractor Shall: 9.3.1 Obtain all warranties that would be obtained in norinal commercial practice; 9.3.2 Enforce all warranties for the benefit of the City of Fort Worth. 10.1 PRICE W `ll Y 10.2 The price to be paid by City shall be that contained in Contractor's proposals which Contractor warrants to be no higher than Contractor'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 Contractor breaches this warranty, the prices of the items shall be reduced to the prices contained in Contractor's proposals, or in the alternative upon Contractor's option, Contractor shall have the right to eanceI this contract without any liability to Contractor for breach or for Contractor's actual expense. Such remedies are in addition to and not in lien of any other remedies which Contractor may have in law or equity. 10.3 Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreeincnt or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Contractor for the purpose of securing business. For breach or violation of this warranty, City shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 11.0 PRODUC ARRANTY Contractor 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 Contractor. Convactor warrants that the goods furnished will conform to City's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) fitrnished by Contractor, if any. in the event of a conflict between City's specifications, drawings, and descriptions, City's specifications shall govern. 12.0 SAICTY ARRANTY Contractor warrants that the product sold or services provided to City 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 or services do not conform to OSHA standards, City may return the product for correction or replaeerrlent at Contractor's expense or City may terminate the contract. In the event Contractor fails to snake appropriate correction within a reasonable time, any correction made by City will be at Contractor's expense. Where no correction is or can be made, Contractor shall refiind all monies received for such goods or services within thirty (30) days after request is made by City in writing and received by Contractor. Notice is considered to have been received upon hand delivery, or otherwise in accordance with the Notice provisions of this contract. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 13.0 WARRANTY AGAINST INFRINGEMENT OP INTELLI+, . UALPROPERTY RrQ No.1144-174 If applicable to the services being provided, the CONTRACTOR warpgPf§0t.bgt Buyers any part thereof, furnished hereunder, bicluding but not limited 15.E ONS The Contractor is required to notify the City immediately of Contractor's discovery of any hazardous conditions during performance of the services. City may suspend contractor's work for such reasonable time as is necessary to evaluate the possible hazardous conditions and to develop a plan for managing same. Contractor and City may negotiate a change order, if necessary, for Contractor to continue its work if the original conditions have materially changed due to the discovery of hazardous conditions. Page 2,1 of So RFQ No.18-0174 Buyers Barricade Rcntai Equipment PART-IV CITY OF TORT WORTH GENERAL TEIMS AND CONDITIONS 1.0 DEFINITION OF CITY The City of post Worth, its officers, agents, servants, authorized employees, contractors and subcontractors who act on behalf of various City departments, bodies orageneies. 2.0 DCFII�IIII®N a� CONTRACTOI The consultant, service provider(s),supplier, or other provider of goods and/or services,its officers, agents, servants, employees, contractors and subcontractors who act on behalf of the entity which is engaged in a contract with the City. 3.0 PURLI 'IN U—TID N Any information submitted to the City of fort Worth may be requested by a member of the priblic under the Texas Public Information Act. If the City receives a request for a Contractor's proprietary information, the Contractor listed in the request will be notified and given an opportunity to malce argument's to the Texas Attorney General's Office (the "AG") regarding reasons the Contractor beli.evcs that its information may not lawfully be released. I-f Contractor does not make arguments or the AG rejects the r's information will be released without penalty to arguments Contractor makes, Contracto the City. 4.0 PRO IIBITION AGAIIiIST PERSONAL INTEREST IN CONTRACT_ No officer or employee of City shall have a financial interest, direct or indirect, in any contract with City or be financially interested, directly or indirectly, in the sale to City of any land, materials, supplies or services, except on behalf of City 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) 5.1 ORDERS 5.2 No employees of the City or its officers, agents, servants, contractors or subcontractors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the City. 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 City's Purchasing Division will place such orders. 5.3 Acceptance of an order and delivery on the part of the Contractor- without an approved contract number, purchase order Number, or release number issued by the City may result in rejection of delivery, return of goods at the Contractor's cost andloy non-payment. 6.0 CONTRACTOR TO PACKAGE GOODS If applicable to the scope of work, Contractor will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as 9�pyls: (a) Contractor's name and address: (b) Consignee's name, address anM)1H5lM9 RFQ No i Buyers BOW eA8e0,bniAttq11N%g,(change order number; (c) Container nrinrber and total number of Containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Contractor shall beat' the cost of packaging unless otherwise provided. Goods shall be suitably tracked to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 SHIP WENT UNDER.RESERVATION PROHIBITED Contractor is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender ofgoods. 8.0 `TITLE AND RISK OF LOSS If applicable to the scope of work, the title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 PLACE OF DELIVERY If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 10.0 RIPHT OF INSPECTION If applicable to the scope of work, City shall ]Lave the right to inspect the goods upon delivery berore accepting them. Contractor shall be responsible for all charges for the return to Contractor of any goods Rejected as being nonconforming under the specifications. 11.0 SOFTWARE LICENSE TO CONTRACTOR If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non- exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Contractor, and is licensed and provided to the City 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 Contractor; however City may make copies of the sollware expressly for backup purposes, 12.0 OWNERSHIP OF WORK PRODUCT If applicable to the scope of work, Contractor agrees that 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 Linder this Agreement (collectively, "Work Product"). Further, City shall be the sole and exchtsive owner of all copyright,patent, tradornark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of t976, 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. Contractor for itself and on behalf of its contractors hereby waives any property interest in Stich Work Product. RFQ No. 19-0174 Page 23 of 50 Buyers Barricade Rental Equipment 13.0 NETWQRK ACCEss The City owns and operates a computing environment and network. (collectively the "Network"). If Contractor requires access, whether onsitc or remote, to the City's network. to provide services hereunder, and the Contractor-is required to utilize the Internet, Intranet, email, City database, or other network application, Contractor 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. 14,0 LAWS REGULATYONS, ARID ORDI�NANCES The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, enviroruzlent, and properly. 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 Adnunistration (OSIIA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 15.0 IMINT RATION 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 roan(I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility docurnentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDIE1MNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO 'VIOLATIONS Or 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. 16.0 HEALTH-SAFETY, AND I NVIRQNMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Contractor must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Contractor 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. Contractor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision byContractor. 17.0 RIGHT TO AUDIT Contractor agrees that the City, or City's authorized representative, shall, until the expiration of tln•ee (3) years after final payment under this contract, and at no additional cost to City, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Contractor involving transactions relating to this contract, including any and all records maintained pursuant to Section. 31 of this Agreement. Contractor agrees that the City shall have RFQ No.`AWX during normal working hours, to all necessary Contractor facilities, ait4oAbA4A9 Buyers r-ptiavadWriulegwlpt'tt°:ntind appropriate workspace, in order to conduct audits in compliance with the provisions of this section, City shall pay Contractor for reasonable casts of any copying in accordance with the standards set forth in the Texas Administrative Code. The City shall give Contractor reasonable advance written notice of intended audits, but no less than ten (10) business days. 18.0 DISABILITY_ In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will frilly comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failurc to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 19.1 ]JIVIP T RE IS,P TIC RE, L TION 19.2 If either City or Contractor has a claim, dispute, or other platter in question for breach of duty, obligations, services rendered or any warranty that arises Vander this Agreement, the parties shall first provide a reasonable tune to cure and then 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 parry'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 ernail,mail, phone conference, in person meetings, or other reasonable means to cure, resolve any claim, dispute, breach or other platter in question that may arise out of, or in connection with this Agreement. If the parties fail to cure or resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other- applicable rules governing mediation then in effect. if the parties cannot resolve the dispute through mediation, then either party shall. have the right to exercise any and all remedies available under law regarding the dispute. 19.3 A written notice to curc may be prepared giving the Contractor l4 calendar days to cure any deficiency. 19.4 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the appropriate Department Head who may take appropriate action to cure the performance problem(s). 19.5 All costs to cure incurred by the City shall be paid by Contractor within 30 days of Contractor's receipt of notice ofsaine. 19.6 The Contractor will be paid only those surns due and owing inkier the agreement for services satisfactorily rendered,subject to offset for damages and other amounts which are, or which may become, due and owing to tine City. RFQ No. 19.0174 Page 25 of 50 Buyers Barricade Rental Equlprnen! ATTACHMENT-A CONFLICT OF INTEREST DISCLOSURE REQUIREM ENT 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: alight cause a conflict of interest with the local governmental entity. By taw, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days alter the date tlic 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 Forzn CIQ is enclosed with the submittal documents. The form is also available at hLtp://www.ethics.statc.tx,tis/forins/CIQ.I)dt. 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 nlisdenreanor. NOTE: If ,you are not aware of a Conflict of Interest in any business relationship that you rniglrt have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the 44 box in all cases. (Form follows) FORM IZ95—Under the Texas Government Code, Ch. 2252.908, a contractor doing business with the City of port Worth with an initial contract value which requires city council approval will, unless otherwise exempted, be required to submit a Form 1295. See Part II, Sec.9.4. RFQ No.19-0174 Page 26 of 50 Buyers Barricade Rental Equlpmenl ATTACHMENT-B BIDDER'S CONTACT MFORMATION Bidder's Name: r2S ji 6- Bidder's local Address: _-!1100r 1665C4 13120 , krcrrLnN+� reG� ,l f Cellg Phone: Fax: 81"7 r3 "-717 Email: Name of person assigned specifically for this Agre-wrieflt: Name/Title Je, ,Lt Phone: 60- 3�-3q3 i Fax: i'1 8 7/71 Email: obcv-1 C 3--IMs - I,6c- C m -Blame of Persons for renewal information and/or billing questions: Name/Title Y�l�r7t/ ��/r��rv� ftx�l �►r�R � Phone: T °aa Fax: 0!•7 --651-'7r-7! E-mail: l�pt��F� �: 1��5/a12/Lrr �77 •G�ta� Phone: Fax: IJmail: vrl ty e 672.. I/+Q2rcA1�"'5• t Sign tture Printed Name Date RFQ No. 19-0174 Page 27 of 50 Buyers Barricade Rental Equipment ATTACHMENT—C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Chapter 2, Article I, Section 2-14 of the Font 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 tlse 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 Post 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 lligibil ity; Principal Place of Business in Tort Worth,Texas. a. Do you have a Port Worth office? If yes, identify address- b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. CV must exceed 50` ] 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-ernployecs? b. Amount of City of Fort Worth ad valorem taxes (real and business personal property)paid i by company(for prior tax year—fort Worth of ice or former location, if Fort Worth office is ncwly-established)? Certification of information.: The undersigned does hereby affirm that the iufos•smtiou supplied is true and correct as of the date hereof, under penalty of perjury f ►r�S [�icuab l zlC. (Company Name) - - - (Date) RFQ No.19-0174 Page 28 of 50 Buyers Barricade RenLil Equipment �r`kl[ "'2 Sigua re (Printed Name andTitle) RFQ No.19-0174 Page 29 of 50 Buyers Darrlcade Renlal Equipmenl ATTACK MENT-D REFERENCE SHEET Please complete and return this form with your bid. The bidder sliall Tarnish 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 ITB.The City wi[I be the sole judge of references. Please use additional sheets. I. Company's Name l� IQ�i �� 'T/G • ltrr C �rr�!�riiJ Name of Contact S-rr-AA Title of Contact pgp.r�/InW-17%11-116 `6un:laV(r OJ2 Present Address 1100b !(r" av" City, State, Zip Code 6pr J grg i t Le iOK Telephone Number � Email 2. Company's Name 6r2,ac2 � Naive of Contact Title of Contact rj,r�rcrU ��` gmc, A-1 Mfiwtr- ,:IU ,Qum Present Address 4,5-14i;- &Alt. r U g ja'q'J art City, State,Zip Code r J3,-0 ek 'Z� Telephone.Mim per (Orl ) 14 lb-:tO Fax Number( } Email 3. Company's Name Name of Contact -T>%urt-,;> PiF-0-1 Title of Contact pp-,sr'c-r At "&lr--A Present Address &0 1d. id,44L Sc City, Slate,Zip Code (� .Pr Fax'ifi6 —L�1 I Telephone Ntiunber ( r ) `6 5_1 Fax Number( I'� Email -pP,-Tr{ Lr�f�rvttT�vsOS�• Coty� i Page 30 of 50 RFQ No.19-0174 Buyers Barricade Rental Equipment ATTACHMENT-E HCDW TCD REC�1( TER 9VITl1 TIIE I`I'V CDT'1{( RT ®VH I Visit FOR TWORTHTEXAS.GOV t. Scroll to the purple section at bottom of page l Under Business, click Contractors Click Register as a Contractor(right side undo-BuySpeed Oulitxe) After reading, click Next step I. Review Contractor Terms &Conditions 1 Agree to the terms and click Next Page I Click Register F. Enter your Tax ID#(or Social Security Number), Company Name, Country and Email Address; click Submit. The company name entered MUST.be the same as the invoice you would present for payment to the City of Fort Worth. Complete all required information under each tab; be sure to Save & Continue at the bottom of your screen before proceeding to the next tab. c Categories & Certifications tab—a current W9 form is required before your Contractor account can be activated. Don't forget to fax or email to vurchasiijgbso@ fortworthtexas. c�ry or (817) 392-1982!! o Summary tab—Verify that all information is accurate and there are no RED Validation Errors at the top of your screen. If you do have errors, you will not be able to proceed until all info is completed. I Click Complete Registration I-. Congratulations, you've registered!! You will receive;an email with your registration confirmation after you have submitted your W9. For any changes/edits to your' Contractor, profile please email the Contractor registration administrator at I'rrrc�raSB�O rcfort nr thtexas.aov The City of Fort Worth prefers to make Contractor payments by direct deposit to Contractors' checkinglsavings 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 takcn place. Contractors receive an e-mail showing the invoices being paid by the transfer. Invoices approved for payment by 3:00 p.m. will be transferred same day and will reach the Contractors' bank accounts by the next business day. To register for ACH service please visit irchasin 1, click on the link titled"Automated Clearing Ilause Setup", download, complete and submit the two ACH forms. �f Page 31 of SO RFQ No.19-0 174 Buyers Barricade Rental Equipment ATTACHMENT—I+ NO B10 SHEET (Please complete this form, only if,your firm has chosen not to submit a bid) Steven Ratllers,Buyer Purchasing DIvisiou Fax No. 817-392-8440 E-mail address: Steve.Rathen's(rc FortWortli Fexas._g or FMSPuirchasin Res oases fo fortworthtexas, ov If your firm has chosen not to submit a bid for this procurement, please complete this formand submit to: City of Fort Worth.,PurchasingDivision 200 Texas Street Fort Worth, Texas 76102 for fax to above address) Please check the items that apply: Do not sell the item(s)required. Cannot be competitive. 0 Cannot meet the Specifications highlighted iir (lie attached Bid. Cannot provide Insurance required. 0 Cannot provide Bonding required. E] Ca>_u1_ot comply with Indemnification requirements. Job too large. El Job too small. Do not wish to do business with the City. 0 Other reason. Company Name: Authorized Officer or Agent Signaw e: REQ No.19.0174 Page 32 of 50 Buyers Barricade Rental Equipment Telephone: ( ) FAX Number: ( ) t RFQ No.19-0174 Page 33 of 60 Buyers Barricade Rental Equipment ATTACHMENT---G CITY OF FORTWORTH EI A DDARD ININ,S RANCl1 RE�IREME T (1) INSI_JRANCB LMTS a. Commercial General Liability—Insured shall maintain cornrnercial general liability(COL)and, if necessary,cornrnercial umbrella insurance as follows: $1,000,000 cacti occurrence $2,000,000 aggregate If such Commercial General Liability insurance c o n t a i n s a general aggregate limit,it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense under the CGL, using 180 additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insru'ance or self-insurance prograins afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/eornpleted operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. H. lnsured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance withAgreement. b, Business Auto—Insured shall maintain business auto liability and,if necessary, eonurtercial umbrella liability insurance as follows: $1,000,000 each accident(or reasonably equivalent limits of coverage if written on a split Iirnits basis). Such insurance shall cover liability arising out of"any auto",including owned,lured, and non-owned autos, when said vehicle is used in the course of the Projcet. If Insured owns no vehicles,coverage for hued or non-owned is acceptable. Insured waives all rights against City and its agents, officers, directors and ernployces for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured ptu•suant to this Agreement or under any applicable auto physical damage coverage. c. Workers' Compensation—Insured shall maintain workers compensation and employers liability insurance and, if necessary,commercial umbrella liability CFW Standard InsurnneeRequirements Page I of 3 Rev. 10.03.18 RFQ No.19-0174 Page 34 of 50 Buyers Barricade Rental Equipment insttrlfflnce as follows: Coverage A: statutory limits Coverage B: $100,000 each.accident $500,000 disease-policy limit $100,000 disease-each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensatiou and employer's liability or commercial umbrella insurance obtained by Engineer pursuant to this Agreement. d. Professional Liability (Errors & emissions) — if appropriate, insured shall maintain professional liability insurance asfollows: $1,000,000-Each Claim Lfi-ri t $2,00.0,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Con-imercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement artd for three (3) years following completion of services provided. The policy shall contain a .retroactive date prior or equal to the Effective Date of the Agrecinent or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurancerequirements. b. Applicable policies shall be endorsed to name City as an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term.City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self--funded or conwierciai coverage maintained by City shall not be called upon to contribute to loss recovery. Lnsured's liability shall not be Limited to the G W standard Insurance Page 2 of 3 Requirements pack 35 of 50 RFQ No. 19-0174 Buyers Barricade Rental Equipment Specified amounts of insurance required herein, d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A nuniinum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment ofprenutun. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best eating of A: VI1 or equivalent measure of financial s t r e n g L h and solvency. g. Any deductible or self-insured retention in excess of$25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letter's of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Contract Compliance Manager any IMOwn loss or occun•ence which: could give rise to a liability claim or lawsuit or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policics including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, tmderwritten on a clairrls- made basis,shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after ffnalpayrnents. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of hsured shall be required by Insured to maintain the same of reasonably equivalent insurance coverage as required for Insured. Upon City's request,Insured shall provide City with documentation thereof: GFW Standard Insurance Page 3 of 3 Requirements page 36 of 60 RFQ No. 19-0174 Buyers Barricade Rental Equipment (3) INSURANCE LIMITS a. Commercial General Liability—Insured shall maintain commercial general liability(CGL) and,if necessary,corruncrcial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance c o za t a i n s a general aggregate litnit,it shall apply separately to this Project orlocation. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This innsurance shall apply as priannary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: pre►niscs/operations, products/completed operations, contractual, personal injuty, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writil1g. il. Insured waives all rights against City and its agents, oflrcers, directors and employees for recovery of damages to the extent these damages are covered by the cornaniercial general liability or corninercial umbrella liability insurance maintained in accordance withAgreemernt. b. Business Auto—Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident(or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of"any auto", including owned,hired, and non-owned autos, when said vehicle is used in the course of the Project, If Insured owmas no vehicles,coverage for hired or non owned is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for r•ecove►y of damages to the extent these darnages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical darnage.coverage. c. Workers' Compensation--Insured shall maintain workers col pensation and employers liability insurance and,it necessary,conmiercial umbrella liability CFW Standard Insurance Requirements Page 1 of 3 Rev. 10.03.18 page 37 of 50 RFQ No. 19-0174 Buyers Barricade Rental Equipment insurance as follows: Coverage A: statutory limits Coverage l3: $100,000 each accident $500,000 disease-policy limit $100,000 disease-each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these dan7ages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Engincer pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — if appropriate, Insured shall maintain professional liability insurance as follows: $1,000,000 Each Claim Limit $2,000,000 Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, of a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for three (3) years following completion of services provided. Tile policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (4) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any faih= to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requ irernents. b. Applicable policies shall be endorsed to name City as an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear, The terns City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of Insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies docunrrcnted thereon. hisured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded. or conunercial coverage maintained by City shall not be called upon to contribute to loss recovery. lnsured's liability shall not be limited to the RFQ No.19-O-174 Page 38 of 50 Buyers Barricade Rental Equipment specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measu-res through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minin-turri of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment ofpremium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of faiancial s t r e n g t In and solvency. g. Any deductible or self-insured retention in excess of$25,000 that would change Or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sold discretion,may consent to alternative coverage maintained though insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h, In the course of the Agreement, Insured shall report, in a timely manner, to City's Contract Compliance Manager any known loss or occurrence which could give rise to a liability Clain, or lawsuit or which could result in a property loss. i. City shall be entitled,Upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a Claims- i nade basis,shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactivedate and that the coverage isclaitns-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes fi•oin date of coninlencennent of: the Project until final payment and termination of any coverage required to be maintained after finalpayrnerits. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of hisu ed shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for leisured. Upon City's request,insured shall provide City with documentation thereof CFW Standard Insurance Page 3 of 3 Requirements page 39 of 50 RFQ No.19-0174 Buyers Barricade Rental Equipment ATTACHMENT II VERIFICATION OIL SIGNATURE AUTHORITY FORM Contractor Address: City,state,zip: Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have (lie 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 arnendment with Contractor. Contractor will submit all 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: Position: S1gkxd r e 2. Narne: Position: Signature 3. Name: r=-1:1r? ;5 Ap-wt&ni Position- Si-nature Name: ( � Signature of President/L>;fl D Other Title: Date: _�'z-[ � fg RFQ No. 19.0174 page 40 of 50 Buyers Barricade Rental Equipmont R FTAU_F SPECiF.IGATIQ TRAFFIC BARRICADE F,-QUIPMENTRENTAL 2.0 BID REQUIREMENTS 2.1 Bidders shall provide daily rental rates for each item listed. 2.2 Bidders must supply a current catalog and price list with bid. 2.3 Bidders shall provide, mobilization pricing for a two(2)hour response time for normal working hours and an additional charge to respond after hours and holidays. 2.4 Bidders shall provide a discount percentage from their regular rental rates for traffic control devices not listed, that the City may require. 2.5 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 3.0 TRAFFIC BARRICADE EQUIPMENT AND SERVICES 3.1 The traffic equipment shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) specifications. 3.2 The Vendor shall insure that the site is maintained twice weekly in high traffic areas and once weekly in low traffic areas.This service must be provided atno additional cost to the City. 3.3 The Vendor shall respond to a request for emergency set up equipment within an hour. 3.4 The Vendor shall pick up rental equipment within two (2)hours of the request. 5.0 INVOICING 5.1 Itisthe responsibility oftheVendor to get the name of the responsible person,telephone numbers and address ofthe department before agreeing to perform any services. The requesting department is required to issue are lease numberto the Vendor when ordering products. 5.1.1 Each invoice shall be itemized to show release purchase order number, quantity, description, location of placement, and unit price(s). 6.0 DELIVERY TERMS -F.O.B. DESTINATION 6.1 The Vendor will be required to make delivery within twenty-four(24)hours after receipt of order. 6.2 Deliveries will be accepted Monday through Friday between the hours of 8:00a.m.and 4:00 p.m., unless otherwise requested. 6.3 All delivery and freight charges (FOB to the City of Fort Worth designated location) are to be included in the bid prices. 7.0 WARRANTY 7.1 The Vendor warrants and/or guarantees all equipment against any defects in design kworkmanship, RFQ No. 19-0174 rr� IWrials and failure to operate satisfactorily. Each product shall be construagd10 the highest Buyers Barricade standarTS$roducts manufactured of poor workmanship will not be accepted. 7.2 The warranty and/or guarantee shall begin on the date the product(s)is (are)placed into service by the City and shall continue through the manufacturer's standard warranty period.All items shall carry the standard warranty of the manufacturer. tt.D PRICES 8J The unit prices may be adjusted for increases or decreases in Vendor's costs during the renewal period but before the effective date of the renewal upon written request from the City or the Vendor. 8.2 At the time the City exercises the renewal options, the Vendor may request a Rate adjustment in an amount not to exceed the rate price or subsequent renewal rate price according to the Producer Price Index. 8.3 The City or 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 requests. 8.4. 1f the City concludes that the rate increase being requested is exorbitant, the City reserves the right to adjust the rate request, or reject the rate request In its entirety and allow the agreement to expire at the end of the agreement term. if the City elects notto exercise the renewal option,the Purchasing Division will issue anew solicitation. 8.5 The City may request price adjustments at any time during the agreement with sixty (60)days written notice to the Vendor. i Page 42 of 50 RFQ No.19-0174 Buyers Rarricadu Rental Equipment PAKF V1 CONTRACTOR SERVICES AGREEMENT (INSERT PROJECT TITLE RFQ No.19-0174 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 ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized This Agreement shall be effective as of the Effective Date established herein. AGREEMENT DOCUMENTS: The additional documents comprising this Contractor Services Agreement shall include the following: 1. Attachment A —The City's Invitation to Bid ("RFQ"), excluding Part V, Attachments E and F thereto; 2. Attachment B-- Contractor's Response to ITB, specifically Part I-A Bid Solicitation Form and negotiated changes to Parts III,IV,V or VI of the ITB, if any; 3. Attachment C—Verification of Signature Authority Form (ITB Part V,Attachment W). Attachments A, B and C, are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachments A or B 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 provicle'%urc� eA i;. kw,-de, Services for the City of Fort Worth Water Department, Transportation & Public Works and Public Events Department as per Attachments A and B which more specifically describe the services to be provided hereunder. 2. TERM This Agreement is effective as of the date subscribed below by the City's designated Assistant City Manager ("Effective Date") and shall expire upon the completion of the services or 365 days from the Effective Date,whichever occurs first. ("Expiration Date"). 3. COMPENSATION City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B. Total payment made under this Agreement per term shall be the amount of S 'I 'f�> ("Contract Amount"), Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional casts for such services, City shall not be liable for any additional expenses of Contractor not specified by this RFQ No.19-0174 Page 43 of 50 Buyers Barricade Rental Equipment Agreement unless City first approves such expenses in writing. 4. TERMINATION/CAN CELLATION Termination:The City reserves the right to terminate this agreement,or any part hereof,with or without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the reasonable satisfaction of the City, incurred as a result of the termination. In no event shall the total of all amounts paid to the Contractor under this section exceed the price stated in the Agreement.The Contractor shall not be reimbursed for any profit which may have been anticipated, but which have not been earned up to the date of termination. Cancellation: City shall have the sole right to cancel this contract prior to the commencement of work should there be a change in the need for the product or services as determined by the Department Head or his/her Assistant City Manager. Non-Appropriation of Funds: In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then City will immediately notify Contractor 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 City 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. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION 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. 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. 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. INDEPENDENT CONTRACTOR RFQ No. 19-0-174 Page 44 of 50 Buyers Barricade Rental Equipment It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers,agents, servants, employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondent 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. 7. LIABILITY AND INDEMNIFICATION LIABILITY-- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY FIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED By THE NEGLIGENT ACT(S) OR OMISSIONS), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OI 'ICERS, AGENTS,SERVANTS OR EMPLOYEES. INDEMNIFICATION - CONTRACTOR HEREBY COYENANTS AND AGREES TO INDEMNIFY, HOLD HAIWLESS AND DEFVND CITY, ITS OF,FYCERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS Or, ANY ICIND OR CHARACTER, fVHETHEJ?REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS'S TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/Ol? PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED B.Y THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS or, AGENTS,SERVANTS OR E11TPL0 YE,ES S. 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. INSURANCE AND BONDING Contractor shall provide City with certificate(s) of insurance documenting policies of the types and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect prior to commencement of any work pursuant to this Agreement as provided for in the 1TB, Part V, Attachment G. RFQ No.19-0174 Page 45 of 50 Buyers Barricade Rental Equipment 10. COMPLIANCE WITH LAWS,ORDINANCES RULES AND REGULATIONS Contractor- agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations as set forth in Part IV, Section 14 of the ITB. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. 1.1.. NON-DISCRIMINATION COVENANT 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, including Chapter 17,Article III, Division 3 of the Fort Worth Code. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 12. 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) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To CONTRACTOR: City of Fort Worth Contractor business name Attn: Project Manager/Buyer's Name and Title � F�s I3r�,22 � rvG 200'fexas Street "7-(06) [2,AE<Fp_Ayra Fort Worth,TX 76102-6314 RICO&n"00 la,;), Ly '7(otld Email: Phone: Pfl-535-3931 Phone: Facsimile: jCZ- Facsimile: (917)397-8654 Email:With copy to Fort Worth City Attorney's Office at same address 13. 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 persons employer. Notwithstanding the foregoing, RFQ No.19-0174 Page 46 of 50 Buyers Barricade Rental Equipment 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. 14. 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. 15. NO WAIVER The failure of city or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. GOVERNING LAM/ 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 Stares District Court for the Northern District of Texas, Fort Worth Division. 17. 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. is. FORCE MA)EURE City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. 19. 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. 20. ENTIRETY OF AGREEMENT This Agreement, including its attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their respective assigns and successors-in-interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. RPQ No.19-0174 Page 47 of 50 Buyers Barricade Rental Equipment 21. WARRANTY Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. Contractor warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract, Additional specific warranty provision are found in ITB,Part III, and Section 9. City shall give written notice of a breach of any warranty within thirty (30) days from the date that the cause for some is discovered. 22. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Contractor has 10 or more full time-ernployees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract, The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2270,Texas Government Code applies, Contractor: (1) does not boycott Israel;and (2.)will nut boycott Israel during the terra of the contract, 23. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor-also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 24. 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. 25, REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had an opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or its attachments. RFQ No,19-0174 Pago 48 of 50 Buyers Barricade Renial Equipment 26. 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. 27. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Contractor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Attachment C. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. ACCORDINGLY, the parties hereto have duly executed this Agreement and established the Effective Date as being the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH: CONTRACTOR: By� By: Name: ame: Title: Assistant City Manager Title; Date: L-0 ll L ! I Date: APPROVAL RECOMMENDED: By: Name: Title: Department Director ATTEST: By: Name: Mary J. Kayser Title: City Secretary APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person By: responsible for the monitoring and administration Name: Douglas W Black of this contract, including ensuring all performance RFQ No.49-0174 Page 49 of 50 Buyers Barricade Rental Equipment Title, Sr. Assistant City Attorney and reporting requirements. CONTRACT Al ITLInDl' "TiON: Date:_ _ By: 1295# VN : � ` Title; RFQ No.19-0174 Page 50 of 50 Buyers Barricade Rental Equipment a ' WE R EST. I98�J Section 3.0 Bidders Qualifications 3.1.1 Buyers Barricades, Inc has been providing barricade and traffic control services for DFW since 1984. 3.1.2 Buyers Barricades, Inc has been fulling the City of Fort Worth's barricade and traffic control needs/contract for the past 5 years. Ri�;h'l��r[[E