HomeMy WebLinkAboutContract 53494 s
�O CITY SECRETARY
GEC CONTRACT NO.
CONTRACTOR SERVICES AGREEMENT
Fence Materials Installation,and Repair
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 Cleburne Fence,Inc.("Contractor"), an
entity authorized to perform work in Texas, acting by and through its Owner. 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—Standard Terms and Conditions,Parts I and II;
2. Attachment B-The Gity'.._Iwyitatiea to Bid("IT13"), a,hiding,P. n t V� aae ..eiit,, n ., a r.
thefete;
3. Attachment C—Contractor's Response to ITB, specifically Part I-A Bid Solicitation Form;
4. Attachment D—Insurance and Bonds;
5. Attachment E-Verification of Signature Authority Form.
Attachments A-E,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 - C and the terms and
conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall
control.
1. SCOPE OF SERVICES
Contractor hereby agrees to provide Fence Materials, Installation and Repair 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 300' ("Initial
Term").Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same
terms and conditions for up to four(4) one-year renewal periods (October 1 to September 30) and for a
fifth renewal period which shall expire on the month and day of the Effective Date creating a five year
total duration. City may elect or Contractor may request a non-renewal by providing the other party with
notice of same at least 60 days before the expiration of the Initial Term or any renewal period_
3. COMPENSATION
City shall pay Contractor in accordance with the provisions of this Agreement and Attachment C.
Total payment made under this Agreement per term shall be the amount up to S925,000.00 ("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
ITB No.19-0034 Fence Materials,Installation and Repair Page 1 of 21 OFFICIAL RECORD
Contractor Services Agreement CITY SECRETARY
FT. WORTH,TX
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 infonnation 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
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
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Contractor Services Agreement
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 KIND OR CIARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND
ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE
OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8. ASSIGNt17ENT
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.
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contractor Services Agreement
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 Attachment A, Part II, Section 14. If City notifies
Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately
desist from and correct the violation.
11. 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 A11'D TO INDEMNIFY AND DEFEND CITY AND HOLD
CITY FIARMI ESS 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: Steve Rathers C(t 6L�v vn L'- (•- f N t e z ti G
200 Texas Street 00 A or 3 if)
Fort Worth,TX 76102-6314 i n' 4,A'A 1 T X —76 �{
Email: Phone: `, (I M -`1 ti y"1
Phone: Facsimile: 19 tj lio, O W 6l O
Facsimile:(817)392-8654 Email: U e�c+4�e e c c c(4 r 1 v:i+•( • �'''
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 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.
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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.
15. NO WAITER
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 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. 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_
18. FORCE MAJEURE
City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, acts of the public enemy,fires,strikes,lockouts,natural disasters,wars,riots,material or labor
restrictions by any governmental authority and/or any other similar causes.
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 parry.
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.
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
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Attachment A, Part I, Sections 9-13. All 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 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-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 terns "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. 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.
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
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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 name,title and
signature is affixed on the Verification of Signature Authority Form, which is attached hereto as
Attachment E. Each parry 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:
_ Ar By: By:
Name:-Dan urgh Name: Paul Phill' s III
Title: Assi ant City f anager Title: Owner
Date:
Date:
APPROVAL�ED:
By: /
Name: Christopher P.Harder
Title: PE Director 7.
Water Department .,
ATTEST:
U _
By.
Name: M ayser
Title: City Secretary
APPRD LEGAL ONTRACT COMPLIANCE MANAGER-
By� AN
By signing I acknowledge that I am the person j
By: responsible for the monitoring and I
I` e: glas W Black administration of this contract, including
Title: Sr.Assistant City Attorney ( ensuring all performance and reporting
CONTRACT AUTFIORIZATION: requirements.
M&C:20-0005
Date: 1-14-2
1295
By.,
N •Kimberl
Title: Administr ti Services Coordinator
OFFICIAL RECORD
ITB No.19-0034 Fence Materials.Installation and Repair Page 7 of 21 CITY SECRETARY
Contractor Services Agreement
FT.WORTH,TX
ATTACHMENT A
PART-I
SPECIFIC TERIMS AND CONDITIONS
1.0 CHANGE IN COMPANY NAiN'IE OR OWNERSHIP
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 REQL'IIZEMENTS
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 whom 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 fine for each correlative tern of the
Agreement.
3.5 Upon expiration of the Agreement tens,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.
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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 QUANTITIES
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 INSURANCE AND BONDING REQUIREMENTS
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 obtain such coverage, the contract price shall be adjusted by the cost of the
premium for such additional coverage plus 10%.
Bonding requirements are described in the Call, Part II, 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.
8.2 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.
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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) week 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 free 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 fi-om 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 warranty with respect to products repaired or replaced will run
for 90 days from date of installation and acceptance of such by the City.
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9.1.6 The City of Fort 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 WARRANTY
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 or 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 PRODITCT WARRANTY
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 shall govern.
12.0 SAFETY WARRANTY
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
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expense or City may tenninate the contract. In the event Contractor fails to make 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 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 WARRANTY AGAINST TNFRTNGF.MFNT OF TNTFLLE .TUAL PROPERTY
13.1 If applicable to the services being provided, the CONTRACTOR warrants that all
Deliverables, or any part thereof, furnished hereunder, including but not limited to:
programs, documentation, software, analyses, applications, methods, ways, and processes
(in this Section each individually referred to as a "Deliverable" and collectively as the
"Deliverables,")do not infringe upon or violate any patent,copyrights,trademarks, service
marks,trade secrets, or any intellectual property rights or other third party proprietary
rights,in the performance of services under this Agreement.
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 mark, trade secret, or other intellectual property rights by
the use of or supplying of any Deliverable(s) in the course of performance or completion of,
or in any way connected with providing the services, or the City's continued use of the
Deliverable(s) hereunder.
13.3 If applicable to the services being provided, CONTRACTOR agrees to indemnify,
defend, settle, or pay, at its own cost and expense, including the payment of attorney's
fees, any claim or action against the City for infringement of any patent, copyright,
trademark, service mark, trade secret, or other intellectual property right arising from
City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it
being understood that this agreement to indemnify, defend, settle or pay shall not apply if
the City modifies or misuses the Deliverable(s). So long as 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.
Notwithstanding the foregoing, the City's assumption of payment 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 Deliverable(s); or (b) modify the
Deliverable(s) to make them/it non-infringing, provided that such modification does not
ITB No.19-0034 Fence Materials,Installation and Repair Page 12 of 21
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 meeting 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.
I ITB No.19-0034 Fence Materials,Installation and Repair Page 13 of 21
Contractor Services Agreement
PART-II
GENERAL TERMS AND CONDITIONS
1.0 DEFTNTTTON OF CITY
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 DF,FTN[TTON OF CONTRACTOR
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 PUBLTC INFORMATION
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. If Contractor
does not make arguments or the AG rejects the arguments Contractor makes, Contractor's
information will be released without penalty to the City.
4.0 PROEnITION A kYNST PERSONAL=RFa TN CONTRACTS
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)
5.0 ORDERS
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/or non-payment.
6.0 CONTRACTOR TO PACKA ,F 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
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 packing slip. Contractor shall bear the
iTB No.19-0034 Fence Materials,Installation and Repair 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 SHIPMENT 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 of goods.
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 RIGHT OF INSPECTION
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 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 software
expressly for backup purposes.
12.0 ONVNERSFiTP 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 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.
ITB No. 19-0034 Fence Materials,Installation and Repair Page 15 of 21
Contractor Services Agreement
I3.0 NETWORK ACCESS
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 EVMGRATION NATIONALITY ACT
Contractor shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form
(I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate
procedures and controls so that no services will be performed by any Contractor employee who is
not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY
AND HOLD CITY HARMLESS FROM A.NY 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 HEALTH. SAFETY.AND ENVIRONMENTAL RFOUTRFMENT5
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 RIGHT TO AUDIT
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
ITB No.19-0034 Fence Materials,Installation and Repair 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 DIS�li_ITY
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 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 TIlVIE 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 parry shall notify the other party in writing as soon as
practicable after discovering the claim,dispute,or breach.The notice shall state the nature of the
dispute and list the party's specific reasons for such dispute. Within ten (10) business days of
receipt of the notice, both parties shall make a good faith effort, either through email, mail,
phone conference, in person meetings, or other reasonable means to cure, resolve any claim,
dispute, breach or other matter in question that may arise out of, or in connection with this
Agreement. If the parties fail to 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).
19.4 All costs to cure incurred 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.
ITB No.19-0034 Fence Materials,Installation and Repair Page 17 of 21
Contractor Services Agreement
ATTACHWNT B
CALL FOR BIDS/PROPOSALS PARTS I-II
(Inserted behind this page)
N/A
1TB No.19-0034 Fence Materials,Installation and Repair Page 18 of 21
Contractor Services Agreement
ATTACHMENT C
CONTRACTOR'S RESPONSE TO CALL FOR
BIDS/PROPOSALS
(Inserted behind this page)
1 ITB No.19-0034 Fence Materials,Installation and Repair Page 19 of 21
Contractor Services Agreement
FORT WORTH.
_ '1141� CITY OF FORT WORTH BID OFFER
Event ID Page Invited: CLEBURNE FENCE INC
CFWO1-19-0000034 2 PO BOX 310
Event Round Version JOSHUA TX 76058
1 1 United States
Event Name
ITB Fence Materials Installation and Repair Submit To: City of Fort Worth
Start Time Finish Time PURCHASING DIVISION
08/27/2019 12:00:00 CDT 09/12/2019 13:30:00 CDT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses®fortworthtexas.gov
The undersigned,by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference, and agrees to be bound by the terms
therein.Company Name: C-I f-LL Ir"i P*N Gifl k
Company Address:
City,State and Zip Code: bs h U 4- X U S
Vendor Registration No.: L'1 6�9
i- I Printed Name of Officer or Authorized Representative: rc�I^ti I I 0 S
Title: 0 `�y
Signature of Officer or Authorized Representative:
Date:
Email Address: C�E�uvNe�e�[2� VQ10VIA�'E"F tdD1i
Phone Number:
FORT WORTH,
14b� CITY OF FORT WORTH BID OFFER
Event ID Page Invited: CLEBURNE FENCE INC
CFWO1-19-0000034 3 PO BOX 310
Event Round Version JOSHUA TX 76058
1 1 United States
Event Name
ITB Fence Materials Installation and Repair Submit To: City of Fort Worth
Start Time Finish Time PURCHASING DIVISION
08/27/2019 12:00:00 CDT 09/12/2019 13:30:00 CDT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses®fortworthtexas.gov
Line Details
Line: 1
Description: Qty Unit UnitPrice Total
Grand Total From Attachment G 1.00 EA �
I I
Total Bid Amount: u t O
ITEMIZED BID PAGE ATTACHMENT G
LABOR
Estimated
Item aty Unit Description Unit Price Extended Price
Labor to Repair/Install Fencing Materials from 7 AM 41, 7� b
1 2,500 Hour to 5 PM, Mon.-Fri. o U
2 500 Hour
Labor to Repair/Install Fencing Materials from 5:01 3 � vN
PM to 6:59 AM U
Labor to Repair/Install Fencing Materials during 130 M �bD cv
3 10 Hour Holidays
LABOR AND MATERIAL(TURN-KEY INSTALLATION
Estimated
Ite Qty Unit Description Unit Price Extended Price
4'chain link industrial fencing with schedule 40 Lb
galvanized pipe including all hardware/incidentals r1 ? �l spa
required,including: Line terminal posts and rails.
4 2,500 LF Line Posts 3.651b; 2 3/8"X 6';9 gauge
6'chain link industrial fencing with schedule 40 W
galvanized pipe including all hardware/incidentals I y+ a u D b
required, including: Line terminal posts,and rails. 1 I
5 1,100 LF Line Posts 3.651b;2 3/8"X 8';9 gauge
8'chain link industrial fencing with schedule 40 u L%
galvanized pipe including all hardware/incidentals _
required, including: Line terminal posts,gates and 1500
6 1,000 LF rails. Line Posts 3.651b;2 3/8"X 10'; 9 gauge
10'chain link industrial fencing with schedule 40
galvanized pipe including all hardware/incidentals 3 O 3 d t p 6b
required, including:Line terminal posts,gates and
7 1,000 LF rails. Line Posts 3.651b;2 3/8"X 12'; 9 gauge
4'chain link vinyl-coated industrial fencing, 9 gauge,
in various colors with schedule 40 galvanized pipe
including all hardware/incidentals required, including: 46-
Line terminal posts, and rails. Line Posts,yin I-
8 250 LF coated,3.651b; 2 3/8"X 6'.
5'chain link vinyl-coated industrial fencing, 9 gauge, �,,
in various colors with schedule 40 galvanized pipe Ko bD
including all hardware/incidentals required, including: I
Line terminal posts,and rails. Line Posts,yin I-
9 400 LF coated,3.651b;2 3/8"X 7'.
6'chain link vinyl-coated industrial fencing, 9 gauge,
in various colors with schedule 40 galvanized pipe
including all hardware/incidentals required,including:
Line terminal posts,and rails. Line Posts,yin I-
10 2,000 LF coated,3.65ib;2 3/8"X 8'.
11 10,000 LF Add 3 strands of barbed wire to existing fence s. Ub
Basic Wood Fence,6'high with Posts and Rails per �� VD
12 400 LF specifications
Basic Wood Fence, 8'high with Posts and Rails per
13 300 LF specifications Lf (�
ITB 19-0000034 Page 8 of 47
Fence Materials,Installation annd Repairs
ITEMIZED BID PAGE ATTACHMENT G
FENCE MATERIAL FOR PURCHASE
Estimated
Item Qty Unit Description Unit Price Extended Price
UD
Chain Link Fence,8' high, Gauge 11-1/2, Mesh Size
14 500 LF 2-1/8"
15 10,000 LF Chain Link Fence,6'high,Gauge 11-1/2, Mesh Size
2-1/8"
Chain Link Fence, 4'high, Gauge 11-1/2, Mesh Size l ()D 1 LID
16 1,000 LF 2-1/8"
Chain Link Fence,6'high, Diameter 2", Gauge 9, L' 30 (_/
17 15,500 LF VV
Mesh Size 2-1/8" d
18 500 Each Line Post 2-3/8"diameter X 6'high, .065 for High
Chain Link Fence
19 1,500 Each
Line Post 2-3/8"diameter X 8'high, .065 for High i 3 S 0 b LM
Chain Link Fence
Line Post 2-3/8"diameter X 10'high, .065 for High s
20 100 Each Chain Link Fence I�7
Line Post 2-3/8"diameter X 12'high, .065 for High p_ Ut)
21 100 Each Chain Link Fence y (Stb
Line Post 2-3/8"diameter X 8' high, .095 for High g. `rj
22 100 Each Chain Link Fence ' �� Db
Line Post 3"diameter X 6'for Chain Link Fence; +�
23 500 Each schedule 40
Line Post 3"diameter X 8"for Chain Link Fence; Lf �f LID
24 500 Each schedule 40 �" D w
Top/Bottom Rail 1 -5/8"X 21' long.065 for Chain -V
25 3,000 Each Link Fence �'�- I 6
Top/Bottom Rail: 1 -5/8"diameter X 21'. long pipe °� i V
26 3,000 Each 2.27 pounds per square foot y (3 b O
Double Drive Gate,5'X 10'Complete with Hardware DI"
27 10 Each for Chain Link Fence U
Double Drive Gate,8'X 12'Complete with Hardware `0
28 25 Each for Chain Link Fence
�D 1 ��
Double Drive Gate, 12'wide X 6'high X 2"diameter; L
29 15 Each 9 gauge +��
Double Drive Gate,8'X 6' high X 2"diameter;9
30 5 Each gauge �� 0
Industrial Walk Gate 4'X 36'; Complete for Chain
31 3 Each Link Fence (P vu
Industrial Walk Gate 4'X 48'; Complete for Chain 1 � ' du
32 10 Each Link Fence
575
33 5 Each Industrial Gate 7'tall X 14' Wide Opening
ITB 19-0000034 Page 9 of 47
Fence Materials,Installation annd Repairs
ITEMIZED BID PAGE ATTACHMENT G
FENCE MATERIAL FOR PURCHASE Continued
Estimated Unit Extended
Item Quantity Unit Description Price
Price
34 3 Each Industrial Gate 7"tall x 20'Wide Opening $d o w 1`I OD
Line Post 2-3/8"diameter for 6' high wood fencing— 11 w cn)
35 500 Each schedule 40
Line Post 2-3/8"diameter for 8' high wood fencing— LID --1 iN
36 500 Each schedule 40 ( 6 Ub
End Post 3"diameter for 6' high wood fencing—schedule ab
37 500 Each 40 Lt
End Post 3"diameter for 8'high wood fencing—schedule ��
38 500 Each 40 I/
Comer Post 3" diameter for 6' high wood fencing— �r W f tsU
L 1 39 250 Each schedule 40 q `
Corner Post 3"diameter for 8' high wood fencinq— 5� al) [3,
40 250 Each schedule 40
Gate Post 4"diameter for 6' high wood fencinq—schedule 0"
41 500 Each 40 3
Gate Post 4"diameter for 8' high wood fencinq—schedule LIU
42 500 Each 40 �'► 5
Grand Total J��b
PLACE THIS
AMOUNT ON THE BID
OFFER
ITEMS NOT SPECIFICALLY LISTED SHALL BE SOLD AT /a % ABOVE
CONTRACTOR'S COST. CONTRACTOR'S COSTS SHALL BE NOTED ON
ALL INVOICES—PROOF OF COSTS SHALL BE MADE AVAILABLE UPON
REQUEST BY THE CITY.
ITB 19-0000034 Page 10 of 47
Fence Materials,Installation annd Repairs
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local govemrwntal entity
This questionnaire reflects changes made to the law by KB.23,84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code, I»Recdvod
by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local
governmental entity and the vendor meets requirements under-Section 176.006(a).
By law this questionnaire must be tied with the records administrator of the local governmental
entity not later than the 7th business day after the date the vendor becomes aware of facts
that require the statement to be filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local
Govemment Code.An offense under this section is a misdemeanor.
1 Name ofvendorwho has a business relationship with local governtental entity.
Of h (.AvAe r CK(,e .1 UL
2 Check this box Ryou are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate firing authority not
later than the 7th business day after the date on which you became aware that the originally filed questionnaire was
incomplete or inaccurate.)
3
Name of local government officer about wham the Information In this section Is being disclosed.
Name of Officer
This section('item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176.001(1-a),Local Government Code. Attach additional
pages to this Fonn CIO as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income,from the vendor?
Yes E?j No
B. is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local
government officer named in this section AND the taxable income is not received from the local governmental entity?
F] Yes [?TN.
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director,or holds an ownership interest of one percent or more?
= Yes ZNo
D_Describe each employment or business and family relationship with the local government officer named in this section.
4
Signature of vendor doing mess with the governmental entity Date
Adopted 8/7l2015
ITB 19-0000034 Page 19 of 47
Fence Materials,Installation annd Repairs
ATTACHMENT - B
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
Chapter 2, Article I, Section 2-14 of the Fort Worth Code of Ordinances authorizes the City
Council,when considering competitive sealed bids,to enter into a contract for certain purchases
with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth
and whose bid is within 3 or 5 percent of the lowest bid,depending on the value of the request and
goods or services requested, if the lowest bid is from a business outside the municipality and
contracting with the local bidder would provide the best combination of price and other economic
benefits to the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the
bid or request package.
The Fort Worth City Council requires the following information for consideration of location of a bidder's
principal place of business. Add additional sheets if needed to provide this information.
1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas.
a. Do you have a Fort Worth office? If yes, identify address:
Po Bb 3
3 0 T }7 6o 5,9
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. (must exceed
50%]
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees?
b. Amount of City of Fort Worth ad valorem taxes(real and business personal property) paid by
company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly-
established)?
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the
date hereof, under penalty of perjury.
C(',-6tA V A e IC t��—/�
(Company Name) (Date)
P,JP�� i Pk ;lrJ s ()L-J k P✓
(Signature) (Printed Name and Title)
ITB 19-0000034 Page 20 of 47
Fence Materials,Installation annd Repairs
ATTACHMENT - C
VENDOR CONTACT INFORMATION
Bidder's Name: C e b L vyt' 146 P&%^1
Bidder's Local Address: r O 6v , 3 1 m Si)S k,,* T--k -7 !v b5l
Phone: q1_1 Lift Mcil Fax:-15Y Settb'0190
Email.-
Name of person assi��jjned specifically for this Agreement:
Name/Title X.4
Phone: �- Fax:
[M-f
Email: C45 u -�
Name of persons for renewal information and/or billing questions:
Name/Title 7 A VA-e C' 5 6L 6 b L, t
Phone: Fax:
Email:
Name/Title
Phone: Fax:
Email:
Pi 6"_(
ignature I Printed Name Date
ITB 19-0000034 Page 21 of 47
Fence Materials,Installation annd Repairs
ATTACHMENT -F
REFERENCE SHEET
Please complete and return this form with your bid.
The bidder shall furnish references for at least three(3) recent customers to whom products and/or
services have been provided that are similar to those required by this ITB.The City will be the sole judge
of references. Please use additional sheets. I
1. Company's Name C�� `� D F"� ��� (AjC,+eL, WczYe, ou 5
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number ($('� ) �U, - p�(p� Fax Number( )
Email
2. Company's Name 0 S h,-,A" :I- S rl
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number (In ) -]3 3-9t 33 Fax Number( )
Email
3. Company's Name C64 tv LM5T
Name of Contact 4-cv-
Title of Contact bw a-ry
Present Address
City, State, Zip Code
Telephone Number (V7 ) 9$b Cob73 Fax Number( )
Email
ITB 19-0000034 Page 25 of 47
Fence Materials,Installation annd Repairs
ATTACHMENT D
INSURANCE
AND
ATTACHMENT D-1 BONDING
(if necessary)
(Behind this page are the City's standard insurance requirements and,if necessary,payment and
performance bond forms)
lTB No.1MO34 Fence Materials,Installation and Repair Page 20 of 21
Contractor Services Agreement
ATTACHMENT H
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains 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 ISO 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 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:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. 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 the commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
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 owns no vehicles, coverage for hired or non-owned is
acceptable.
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 the business auto liability or commercial umbrella liability
insurance obtained by Insured pursuant 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
insurance 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 compensation and employer's liability or commercial
umbrella insurance obtained by Engineer 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, 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 and 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 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.
(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 insurance requirements.
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
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
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 minimum 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 of premium.
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 financial strength
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 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 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 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-
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 final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
ATTACHMENT E
VERIFICATION OF SIGNATURE AUTHORITY
Contractor: �, ,,. . p
Address: CEEB NE FENCE
City, state,zip: P. 0. Box 310
JOU, ua, Texas 76056
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment
or change order on behalf of Contractor. Such binding authority has been granted by proper order,
resolution,ordinance or other authorization of Contractor.City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Contractor.
Contractor will submit an updated Form within ten (10) business days if there are any changes to the
signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form
that has been properly executed by Contractor.
1. Name:
Position: O w r l
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name: n n
Signature of President/CE
Other Title: 0 w A-e v
Date: 1 — 12 U ✓L
ITB No.19-0034 Fence Materials,Installation,and Repair Page 21 of 21
Contractor Services Agreement
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA
FORT WORTH
REFERENCE **M&C 20- 13P19-0034 FENCE
DATE: 1/14/2020 NO.: 0005 LOG NAME: MATERIALS, INSTALLATION
AND REPAIR STEVEN
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of a Purchase Agreement with Cleburne Fence Inc. for Fence
Materials, Installation and Repair in an Annual Amount Up to $925,000.00 and Authorize
Four One-Year Renewal Terms for all City Departments (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Purchase Agreement with
Cleburne Fence Inc. for fence materials, installation and repair in an annual amount up to
$925,000.00 and authorize four one-year renewal terms for all City Departments.
DISCUSSION:
The Water Department approached the Purchasing Division to assist with issuing an Invitation to Bid
(ITB) for an agreement to procure fencing materials, installation and repairs. The ITB consisted of
detailed specifications listing the types of fencing materials needed and installation requirements.
The ITB was advertised in the Fort Worth Star Telegram on September 4, 2019, September 11, 2019
and September 18, 2019. The Purchasing Division solicited 24 vendors from the City's purchasing
database system. The City received one (1) response.
Staff recommends awarding a contract to Cleburne Fence Inc. with four options to renew. The bid
was evaluated based on the lowest, responsible bidder. Staff found pricing to be fair and reasonable.
No guarantee was made that a specific amount of services or goods would be purchased.
MWBE Office-A waiver of the goal for MWWBE subcontracting requirements was requested by the
Purchasing Division and then approved by the MWBE Office, in accordance with the MWBE or BDE
Ordinance, because the purchase of goods or services is from sources where contracting or supplier
opportunities are negligible.
Administrative Change Order-An administrative change order or increase may be made by the City
Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not
require specific City Council approval as long as sufficient have been appropriated.
Agreement terms- Upon City Council, approval, the initial term of this Agreement shall begin on the
date of City Council approval and end on September 30, 2020.
Renewal Terms- This Agreement may be renewed at the City's option for four one-year terms. This
action does not require City Council approval provided that the City Council has appropriated
sufficient funds to satisfy the City's obligations during the renewal terms. Staff anticipated that the
costs for each renewal term shall be approximately $925,000.00 per year.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finanace certifies that upon approval of the above recommendation and award of the
contract, funds are available in the current operating budget, as appropriated, in the participating
departments' Operating Fund. Prior to any expenditure being incurred, the participating departments
have the responsibility to validate the availability of funds.
BQN\\
TO
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27574&councildate=l/14/2020 1/27/2020
M&C Review Page 2 of 2
Fund Department Account Project Program Activity Budget Reference# Amount
I ID I ID ` Year I (Chartfield 2) I I
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID Year Chartfield 2
Submitted for City Manager's Office by: Kevin Gunn (2015)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Steven Rathers (2057)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=27574&councildate=l/14/2020 1/27/2020