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Home My WebLink AboutContract 53799 E' ApRC�IVEp CSC No. 53799 l� 2020 CNS CREARY 77j CONTRACTOR SERVICES AGREEMENT Lease Of Volumetric Wruer Truck And Driver ITS No. 19 -0000022 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_H&H Concrete On Demand ("Contractor'), an entity authorized to perform work in Texas, acting by and through its duly authorized _signatory_ 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 Terris and Conditions,Parts I and II; 2. Attachment B -The City's Invitation to Bid('2TB"),excluding Part V,Attachments E and F thereto; 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 terns and conditions of this Agreement shall control. 1. SCOPE OF SERVICES Contractor hereby agrees to provide Volumetric Mixer with Truck and Driver 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 301' ("Initial Term").Upon the expiration of the Initial Term,the Agreement shall renew automaticaily under the same terms and conditions for up to four(4)one-year renewal periods(October I to September 30). 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 1,836,260.00 ("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 7 :o cd LRP. Pagel of21 Contractor Services Agreement OFFICIAL RECORD 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 murder the order is terminated and the date upon which such termination becomes effective. In the event of such tennination, the Contractor shall immediately stop all work hereunder and shall inunediately 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 perfonned 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 temvnation. 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 vrriting 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 anv 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 anv way. Contractor shall notify City immediately if the security or integrity of any Citv 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 zNrhat information has been accessed by unauthorized means and shall fully cooperate NNith7 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 Agrecrnent. Contractor shall have the exclusive right to control the details of its operations and _-i Tait :n r Page 2 of2l 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 szTe7101-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 Citv 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, emplovees 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, INCLIIDi'1tirG' DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,,SERVANTS OR EMPLOYEES: INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OF, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHERREAL ORASSER3ED,FOR EITHERPROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAtb1AGE OR LOSS TO CONTRACTOR`S BUSTNESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION if7TH 7HIS AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR 011HSSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8. 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 certificatc(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. Page 3 of 21 Contractor Services Agreement 10. COMIPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS Contractor agrees that in the performance of its obligations hereunder, it shall comply with 0 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, nzles and regulations as set forth in Attachment A. Part U. Section 14. If Cit< notifies Contractor of any violation of such lav,,s, ordinances, rules or regulations, Contractor shall immediate) 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 Contractors 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 H&H Concrete On Demand Attn: Blanca Sanchez-Robison 2'%C*& t 6�E. 9< - 200 Tcxas Strcct I Fort Worth,TX 76102-6314 Email.: Phone: Phone: Facsimile: `$t` _ Facsimile: (817)392-8654 Email: + � With copy to Fort Worth City Attorneys 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 Contactor, any person who is or has been employed by the other during the terns of this Agreement. without the prior written consent of the person's employer. NotNvithstanding the foregoing.this provision shall not apply to an employee of either party Nvho independently responds to a general solicitation or advertisement of emplo,mment by either party. Page 4 of 21 Contractor Services Agreement 14. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, Cite 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 tivaiver 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/VENIFE 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 m performance due to force ajeure or other causes beyond their reasonable control, including, but not limited to,acts of the public enemy,tires,strikes,lockouts,natural disasters,vvars,riots,material or tabor restrictions by any governmental authority and/or any other similar causes. 19. ANTENDMENTS/MODIFICATIONS/EXTENSIONS No amcndmcnt.modification,or cxtcnsion of this Agrccnicnt shalI be binding upon a.party hcru to 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 attachmQnts 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 c.xtcnt in conflict with any provision of this Agreement. 21. WARRANTY Contractor warrants that its services gill 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 lavvful 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 tivarranty provision are found in ?.tt Page 5 of 21 contractor Services Agreement Attachment A, Part 1, 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 22'70 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 terms "boycott .Israel" and "company"shall have the meanings ascribed to those temis 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 dais 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. SIGNATURiE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective part;, and that such binding authority has been granted bv Page 6 of 21 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 party is folly,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 dcsigmated Assistant City Manager. CITY OF FORT WORTH: CONTRACTOR: +{per D-a 0urghoo IIAA 14..020 By: Name: Dana Burghdoff By: Name: Title: Assistant City Manager Title: Date: 4/14/2020 Date: APPROVAL RECOMMENDED: j B A y: Name: Christopher P.Harder Title: PE Director Water Department '' r `ti• ATTEST: Name: Mary J.Kayser Title: City Secretary APPROVED AS TO FORM AND Contract Compliance Manager: LEGALITY: By signing I aclmowledge that I ani the person responsible for the monitoring and administration of this contract. Aw- including ensuring all performance and reporting Nett. Le!N By: Ml k{AP114,2WO, requirements. Name: Douglas Black Title: Assistant City Attornev CONTRACT AUTHORIZATION: B ,: M&C• B—O N e: Kim el P ol/ DATE: 'l �OaO Title. dministratiervices Coordinator 1295: ::c 'Q7 2C.1 :-aa•_<:. ...:ar.2in e i :_...:( Page T of 29 Contractor Services Agreement ATTACHMENT A PART-I SPECIFIC TERMS AND CONDITIONS 1.0 CHANGE IN COMPANY NAME OR OWNERSHIP The Contractor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change 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 REQUIREMENTS 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 tar 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 Ieast 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 terns. 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 scnice at the prior agreement rnte(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 oftlus Agreement. ?age 8 of 21 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 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. �.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 tern-iination of the Agreement. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the Iimits 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 tine 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 subcotitractor(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 dirties 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 c�penses, 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, 131c Contractor will be expected to provide this service at no additional cost. Page 9 of 21 Contractor Services Agreement 1 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 Cite. 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 tonic 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 inbctures 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 Punishing 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 from date of acceptance of products and work by the Cit-y. 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 anv damage to real or personal property owned by the City of Fort Worth. xhen 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. _. Page 10 of 21 contractor Services Agreement 9.1.6 The Citv 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 Ni arrantics 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 Contractors 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 «iithout liability and to deduct from the contract price such commission percentage,brokerage or contingent fee,or otherwise to recovcrthe Rill amount thereof. 11.0 PRODUCT 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 urarrants that the goods furnished will conform to City's specifications, drawings and descriptions listed in the proposal in-,ritation, and the sample(s) furnished by Contractor, if any. In the event of a conflict between City's specifications,di-a«rings,and descriptions,Citv7s specifications shall govern. 12.0 SAFETY WARRANT TY Contractor -warrants that the product sold or services provided to City shall conform to the standards promulgated by the U.S. Depa tinent of Labor under the Occupational Safety and Health Act(OSHA) of 1470, 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 Page 11 of 21 contractor Services Agreement expense or City may terminate 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 renmd shall constitute breach and cause this contract to terminate immediately. 13.0 WARRANTY AGAINST INFRINAGEMENT OF INTELLE!CTITAL 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. 1.3.2 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 Deliverables) 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 S, 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 oa- 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 aII 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) modifyr the Deliverable(s) to make them/it non-infringing, provided that such modification does not Page 92 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 Cite 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 13 of 21 Contractor Services Agreement PART-11 GENERAL TERMS AND CONDITIONS 1.0 DEFINITION 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 oragencies. 2.0 DEFINITION 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 PUBLIC 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 GeneraI'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 rcicets the arguments Contractor makes. Contractor's information will be released without penalty to the City. 4.0 PROHIBITION AGAIN T PER ONA1;I NTE+REST IN CONTRACTS No officer or employee of City shall have a financial interest, direct or indirect, in any contract ivith 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 omployee 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 7t7C,VI1,Section 16,City of Fort North Charter) 5.0 RDE S 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 arc- 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. y 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 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 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.,bow 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Contractor shall bear the oi4.ci`: Page 14 of 21 Contractor Services Agreement cost of packaging ❑nless otherwise provided. Goods sliall 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 SOMPIIIENT 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 cieIiven after inspection and acceptance of the goods. 9.0 PLAC-E 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 R GHT OF INSPECTION If applicable to the scope of work, City shall have the right to inspect the goods upon delivel- 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 soft-ware 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 tlus software without permission of the Contractor; however City may make copies of the software 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 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 arld 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-lure" 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 farther 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 such Work Product. Page 15 of 21 Contractor Services Agreement 13.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectiveiv the "Nctmrork"). 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 Citv'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, Counter: lazes,ordinances and regulations,and CiLy: 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 la-,v, 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 comph with new guidelines will also require the Contractor to comply. 15.0 IMMIGRATION NATIONALITY ACT Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Fonn (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 iAork under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who:is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City_ upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 16.0 HEALTH,SAFETY AND ENVIRONMENTAL,REOUIREMENTS 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 Cite. 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 %-,orking hours, to all necessary Contractor facilities, and shall be provided adequate and appropriate _ :. ilr,,: Page 1S 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 DISABILTTV In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Contractor wan-ants that it and anv 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 ,vill 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 Zander 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 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(601 days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon vvritten consent of authorized representatives of both parties in accordance-%vitb 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 la-,N 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 Cite 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 tinder the agreement for services satisfactorily rendered, subject to offset for damages and other amounts iNhich are. or which may become,due and owing to the City. Page 17 of 21 Contractor Services Agreement ATTACHMENT B CALL FOR BIDSTROPOSALS PARTS I-11 (Inserted behind this page) Page 18 of 21 Contractor services Agreement FORT WORTHm CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-19-0000022 1 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITB volumetric Mixer Tru,7.k and Driver 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 OS 15 2019 08:30:00 CDT 09 12 2019 13:30s00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Volumetric Mixer Truck and Driver for the Water Department per attached specifications.The tern of this Agreement shall begin on the date stated in Purchase Order(Effective Date)and shall expire one year from the effective date, unless terminated earlier In accordance with the provisions of this Agreement.This Agreement may be renewed under the same terms and conditions for four additional one year periods,unless City of Fort Worth provides the other party with notice of non-renewal at least 60 days before the expiration of the initial term or renewal period. Terms&Conditions No Pre-bid Conference Bids are solicited for furnishing the merchandise,supplies,services and/or equipment as set forth in this solicitation.Completed Bids including one executed original,one copy and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,September 12,2019,and then publicly opened and read aloud at 2:00 P.M.in the Council Chambers.Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fart Worth,Purchasing Division, Lower Level,City Hall,200 Texas.Street,Fort Worth,Texas 76102 Bids delivered by special courier(i.e.Federal Express,Special Delivery etc.)are to be marked on the outside of the courier s shipping envelope BID No.19-00000022,tTB-Volumetric Mixer Truck and Driver AND s MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening.Bids may not be altered,amended or withdrawn after the official opening.The undersigned agrees,if the bid is accepted,to furnish any and all items upon which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date. Will agreement be available for Cooperative Agreement use? Yes _No DOCUMENT NAME-LOCATION Bid Offer Sheet'"-Cover Page of Final Bid Document V1 and attached as a separate document Instruction to Bidders-Part 11 of Final Bid Document V1 Scope of Services/Specifications- Part III of Final Bid Document V1 Standard Purchasing Terms and Conditions- Part IV of Final Bid Document V1 Conflict of Interest Disclosure Requirement"-AttachmentA of Final Bid Document V1 Bidder's Contact Information- Attachment B of Final Bid Document V1 Consideration of Location of Bidder's Principal Place of Business-Attachment C of Final Bid Document V1 Reference Sheet-Attachment D of Final Bid Document V1 How to register with the City of Fort worth-Attachment E of Final Bid Document V1 No Bid Sheet-Attachment F of Final Bid Document V1 Detailed Scope of Services/Specifications-Attachment G of Final Bid Document V1 ITS 19-0000022 Volumetric Mixer Truck and Driver 2 of 52 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW81-19-0000022 2 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL 173 Volumetric Mixer Truck and Driver 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 08 1s 2019 09:30:00 CDT 09 12 2019 13.30:00 CDT 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: Company Address: City,State,Zip: Vendor Registration No. Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: 11 i ITB 19-0000022 Volumetric Mixer Truck and Driver 3 of 52 FORT WORTH© CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-19-0000022 3 Event Round Version Submit To: City of Fort Worth --'----- 1 _ PURCHASING DIVISION Event Name w LOWER LEVEL CITY HALL M volumetric mixer Truck and Driver 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 08 15 2019 68:30:00 CDT 09 12 2019 13:30.00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qtv Unit UnitPrice Total LEASE OF VOLUMETRIC TRUCK AND DRIVER 600.00 DA PER DAY MAY-FRIDAY TAM TO 5PM PER UNIT (1T03)TRUCKS) Line: 2 Description: Qtv Unit UnitPrice Total LEASE Or VOLUMETRIC TRUCKAND DRIVER PER 300.00 DA DAY TOSATURDAY(AS NEEDED)7AMT05PM(PER UNIT PRICE)(1 E)(1 TO 3 TRUCKS) Line: 3 Description: Qtv Unit UnitPrice Total 4.0 SAK MIX CONCRETE 50.00 Cy Line: 4 9 Description: C& Unit UnitPrice Total 4.5 SAK MIX CONCRETE 50.00 CY _ Line: 5 Description: Qtv Unit UnitPrice Total 5.0 SAK MIX CONCRETE 3000.00 Cy Line: 6 Description: Qty Unit UnitPrice Total 7.0 SAK MIX CONCRETE 25.00 Cy _ Line: 7 Description: Qtv Unit UnitPrice' Total 8.0 SAK MIX CONCRETE 25.00 Cy _ Line: 8 Description: Qtv Unit UnitPrice Total j 227 MIX CONCRETE 5000.00 Cy ITB 19-0000022 Volumetric Mixer Truck and Driver 4 of 52 FORT WORTH. J CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFWOI-19-0000022 q Event Round Version Submit To: City of Fort Worth l . l PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITB Volumetric Mixer Truck and Driver 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 OB 15 2019 08:30:00 CDT 09 12 2019 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qtv Unit UnitPrice Total 1%CALCIUMADDED 5.00 CY Line: 10 Description: Qtv Unit UnitPrice Total 2%CALCIUMADDED 5.00 CY Line: 11 Description: Qtv Unit UnitPrice Total RED DYE 5.00 CY Line: 12 Description: Qtv Unit UnitPrice Total EMERGENCY DELIVERY(TRUCK AND DRIVER) 600.00 DA AFTER 5PM MONDAY-SUNDAY INCLUDING HOLIDAYS Line: 13 Description: Qty Unit UnitPrice Total LEASE OF(TRUCK AND DRIVER)7:00 AM TIL 5:00 600.00 DA _ PM SUNDAY INCLUDING HOLIDAYS i Total Bid Amount: r 1 ITB 19-0000022 Volumetric Mixer Truck and Driver 5 of 52 PART-11 INSTRUCTION TO BIDDERS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission,ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents:Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation,clarification,or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations,corrections,or changes to the Solicitation made in any other manner are not binding upon the City,and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at(817)392-8440. The fax must clearly identify the Buyer's name and the Solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. : 2.3 Unauthorized Communications:Bidders'contact regarding this Invitation to Bid(ITB) with employees or officials of the City other than the Purchasing Manager,the Minority i and Women Business Enterprise(MIWBE)Office,or as otherwise indicated in the ITB is r prohibited and may result in disqualification from this procurement process. No officer, employee,agent or representative of the Respondent shall have any contact or discussion,verbal or written,with any members of the City Council,City staff or City's consultants,or directly or indirectly through others,seek to influence any City Council member,City staff,or City's consultants regarding any matters pertaining to this solicitation,except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 3.0 PRE-BID CONFERENCE- None 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids submitted on other than the forms included in the Solicitation shall be considered non- responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes:Purchases of Goods or Services for City use are usually exempt from City,State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder ITB 19-0000022 Volumetric Mixer Truck and Driver 6 of 52 1 should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 4.2 Brand Name or Equal:If the Solicitation indicates brand name or"equal"products are acceptable,the Bidder may offer an"equal"product and must be prepared to demonstrate those features that render it equal. Final determination of a product as j "equal"remains with the City. 4.3 Delivery Time:Delivery time,if stated as a number of days,will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated,the Bidder shall state its best delivery time. 4.4 Free on Board(FOB)Point:Freight Terms shall be FOB Destination,Freight Prepaid and Allowed. The Bidder should quote its lowest and best price,with the goods delivered to the place specified,at the Bidder's expense and risk,and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. 4.5.2. Pricing shall be entered on the Bid Sheet in ink. 4.5.3 Totals shall be entered in the"Total Price"column of the Bid Sheet. 4.5.4 In the event of a discrepancy between unit price and extended price,the unit price shall govern. 4.5.5 Prices shall be offered in the Dollars of the United States of America(or decimal fractions thereof). 4.6 Signature:The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security:if a bid security is required for this purchase,the requirement will be reflected in the"Specification"section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted,and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. 4.7.1 To be an acceptable surety on the bond: 4.7.1.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties(Department Circular 570);or 4.7.1.2 The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. 4.8 Alternate Bids:Bidders may offer an"equal"product as an alternate bid. Final "approved equal"determination remains with the City. 4.9 Proprietary Information: ITB 19-0000022 Volumetric Mixer Truck and Driver 7 of 52 4.9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed,each page must be identified and marked proprietary at time of submittal. The City will,to the extent allowed by law,endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General. 4.9.3 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 4.10 Bid Preparation Costs:All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 4.11 Payments:All payment terms shall be"Net 30 Days"unless otherwise specified in the bid document. 4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at http://www.fortworthoov.ora/Durchasinq/,click on"Automated Clearing House Setup" 5.0 SUBMISSION OF BIDS 5.1 Bid document:Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy in flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. p 5.2 Documents required with Bid:The following documents must be submitted with each Bid prior to the Due Date: g 5.2.1 The completed and signed first page of this document; 5.2.2 The Price Offer in Bid Solicitation Sheet(s);and 5.2.3 Any other document included in the Solicitation requiring completion or execution by the Bidder. 5.3 Addenda:Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date and Time. Addenda containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidders name,address,the Solicitation number,and the Due Date and time. 5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S.Postal Office, courier companies, or any other form of delivery service chosen by the Bidder. Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. c 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids:Bids may be modified in writing at any time prior to the Due Date. ITB 19-0000022 Volumetric Mixer Truck and Driver 8 of 52 6.2 Withdrawal of Bids:Bids may be withdrawn in writing,or by facsimile(provided that the facsimile is signed by the Bidder)at any time prior to the Due Date. A Bid may also be withdrawn in person by a Bidder,provided the withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee,unless there is a material error in the Bid. Withdrawn Bids may be resubmitted,with or without modifications, prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 8.0 EVALUATION FACTORS AND AWARD 8.1 Evaluation:Bidders may furnish pricing for all or any portion of the Solicitation(unless otherwise specified). However,the City may evaluate and award the Contract for any item or group of items shown on the Solicitation,or any combination deemed most advantageous to the City. Bids that specify an"all or none"award may be considered if a single award is advantageous. 8.2 Award. The Method of Award is detailed in Section 19 in Part III Scope of Services/Specifications 8.3 Acceptance of Bid:Acceptance of a Bid will be in the form of a Purchase Order or a Contract. Subsequent purchase releases may be issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an j Authorized City Representative. 8.4 Reservations:The City expressly reserves the right to: h 8.4.1 Specify approximate quantities in the Solicitation; p 8.4.2 Extend the Solicitation opening date and time; 8.4.3 Consider and accept alternate Bids,if specified in the Solicitation,when most advantageous to the City; 8.4.4 Waive as an informality,minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 8.4.5 Waive any minor informality in any Bid or Solicitation procedure(a minor informality is one that does not affect the competitiveness of the Bidder); 6 8.4.6 Add additional terms or modify existing terms in the Solicitation; 's 8.4.7 Reject a bid because of unbalanced unit prices bid; 8.4.8 Reject or cancel any or all Bids; u 8.4.9 Reissue a Solicitation; ' 8.4.10 Procure any item by other means;and/or 8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. t 1 1TB 19-0000022 Volumetric Mixer Truck and Driver 9 of 52 9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 9.1 Certificates of Insurance:When insurance is required,the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award,or as otherwise required by the Solicitation. 9.2 Payment and/or Performance Bonds:When Payment and/or Performance Bonds are required,the successful Bidder must provide the bonds,in the amounts and on the conditions required,within 14 calendar days after notification of award,or as otherwise required by the Solicitation. 9.3 Minority Business Enterprise(MBE)Documents: If an MBE goal has been established for the bid,the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two(2)City business days after the bid opening date,exclusive of the bid opening date,to the City location specified in the bid. Bidders shall obtain.a receipt from the appropriate department as evidence that the City received the documentation. 9.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved bythe City Council before execution,the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at httos://www.ethics.state.tx:us/whatsnew/elf info form1295 htm. 10.0 PROTEST PROCEDURE 10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days after the vendor knows,or should have known,of the facts relating to the proposed action or award. 10.3 The Purchasing Manager,or designee,is authorized to resolve a protest concerning a purchasing action through telephone discussions,mail,email or in person meetings with the protesting vendor. 10.4 After discussions or meetings,the Purchasing Manager or designee will issue a decision I in writing,state the reasons for the action taken and inform the protesting vendor of the right to review by a panel made up of City staff. 10.5 A City protest review panel will consist of an Assistant City Attorney,a representative of I the operating department,the Purchasing Manager and any other appropriate personnel or employees of the operating department. 10.6 If the panel is unable to resolve the protest,or if the panel makes a decision with which the vendor does not agree,the protesting vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting vendor will be instructed to arrive prior to s the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document(M&C)in question. ITB 19-0000022 Volumetric Mixer Truck and Driver 10 of 52 10.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http://fortworthtexas.-govlcitysecretarv/info/default asox?id=2914 on the City's website. 11.0 COOPERATIVE PURCHASING .11.1 Should other governmental entities decide to participate in this contract,bidder,shall indicate in their proposals whether they agree that all terms,conditions,specification,and pricing would apply. 11.2 If the successful bidder agrees to extend the resulting contract to other governmental entities,the following shall apply:Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated,to purchase materia[/services under this contract(s)awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed l y i ITB 19-0000022 Volumetric Mixer Truck and Driver 11 of 52 F ATTACHMENT C CONTRACTOR'S RESPONSE TO CALL FOR BIDS/PROPOSALS {Inserted behind this page) Page 19 of 21 Contractor Services Agreement FORT WORTH,. CITY OF FORT WORTH BID OFFER Event- Page Invited; H&H CONCRETE ON DEMAND INC cFWol 19_ 000022 2804 PRESTIGE RD Event Round Version 1, 1 1 FORT WORTH TX 76244 Event Name United States IITS Volumetric Mixer Truck and Driver Start Timein h Submit To: City of Fort Worth � 08/15/2019 O8 30-00 CDT 09/12 2019 13 30 00 CDT PURCHASING DIVISION LOWER LEVEL CiTY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponsesGfortworthtexas.gov Event Description The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Volumetric Mixer Truck and Driver for the Water Department per attached specifications.The term of this Agreement shall begin on the date stated in Purchase Order(Effective Date)and shall expire one year from the effective date, unless terminated earlier in accordance with the provisions of this Agreement This Agreement may be renewed under the same terms and conditions for four additional one year periods,unless City of Fort Worth provides the other parry with notice of non-renewal at least 60 days before the expiration of the initial term or renewal period. Terms &Conditions No Pre-bid Conference Bids are solicited for furnishing the merchandise,supplies,services andJor equipment as set forth in this solicitation.Completed Bids including one executed original,one copy and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,September 12,2019,and then publicly opened and read aloud at 2:00 P.M.in the Council Chambers.Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth,Purchasing Division, Lower Level,City Hall,200 Texas Street,Fort Worth,Texas 76102 Bids delivered by special courier(i.e.Federal Express,Special Delivery etc.)are to be marked on the outside of the courier s shipping envelope BID No.19-00000022,ITB-Volumetric MixerTruck and Driver AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening.Bids may not be altered,amended or withdrawn after the official opening_The undersigned agrees,if the bid is accepted,to furnish any and all items upon which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in this document The period for acceptance of this bid will be 90 cal n r days after the bid opening date. Will agreement be available for Cooperative Agreement use? Yes`No_ DOCUMENT NAME-LOCATION Bid Offer Sheet—-Cover Page of Final Bid Document V1 and attached as a separate document Instruction to Bidders-Part II of Final Bid Document V1 Scope of Services/Specifications- Part III of Final Bid Document V1 Standard Purchasing Terms and Conditions- Part IV of Final Bid Document V1 Conflict of Interest Disclosure Requirement—-Attachment A of Final Bid Document V1 Bidder's Contact Information- Attachment B of Final Bid Document V1 Consideration of Location of Bidder's Principal Place of Business-Attachment C of Final Bid Document V1 Reference Sheet-Attachment D of Final Bid Document V1 How to register with the City of Fort worth-Attachment E of Final Bid Document V1 No Bid Sheet-Attachment F of Final Bid Document V1 Detailed Scope of Services/Specifications-Attachment G of Final Bid Document V1 FORT WORTH- CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFWOZ-19-0000022 2 Event Round Version Submit To: City of Fort Worth i I 1 PURCHASING DIVISION i Event Name ( LOWER.LEVEL CITY HALL • IT3 Volumetric Mixer Truck and Driver 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 08/15/2019 08-30.00 CDT 09/12/2019 13.30:00 CDT United States Email: FMSPurchasingResponses@forhvorthtexas.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. r Company Name: & Company Address: City,State,Zip: Vendor Registration No.— Printed Name of Officer or Authorized Representative: 94YZI -�f- Title: Signature of Officer orAuthorized Representative: -�-'-' � Date: i 1-2t�A Email Address:_- i:� V ctn l IN c.z'�.CcM Phone Number: 511 ITB 19-0000022 Volumetric Mixer Truck and Driver 3 of 52 FORT WORTH, CITY OF FORT WORTH BID OFFER Even ltEven 0 Page'j Invited: H&H CONCRETE ON DEMAND INC Event Round d 000022 3 2804 PRESTIGE RD Version ! FORT WORTH TX 76244 Event Name 1 United States I ITB Volumetric Mixer Truck and Driver Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION .0811512019 08:30,00 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 LEASE OF VOLUMETRIC TRUCKAND DRIVER 600.00 DA PER DAY MONDAY-FRIDAY 7AM TO 5PM PER UNIT �yCoo, (4T03)TRUCKS) -2 y JL� Line: 2 Description: Qty Unit UnitPrice Total LEASE OF VOLUMETRIC TRUCK AND DRIVER 300.00 DA PER DAY SATURDAY(AS NEEDED)7AMT05PM(PER UNIT PRICE)(1 TO3TRUCKS) Line: 3 Description: Qtv Unit UnitPrice Total 4.0 SAK MIX CONCRETE 50.00 CY Line: 4 Description: Qtv Unit UnitPrice Total 4.5 SAK MIX CONCRETE 50.00 CY Line: 5 Description: Qty Unit UnitPrice Total 5.0 SAK MIX CONCRETE 3000.00 CY Line: 6 Description: Qty Unit UnitPrice Total 7.0 SAK MIX CONCRETE 25.00 CY Line: 7 Description: Qty Unit UnitPrice Total 8.0 SAK MIX CONCRETE 25.00 CY j Line: 8 Description: Qty Unit UnitPrice Total 227 MIX CONCRETE 5000.00 CY FORT WORTH. CITY OF FORT WORTH BIB OFFER Event ID Page Invited: EVENT DETAILS CFt901-19-0000022 4 Event Round Version Submit To: City of Fort Worth 1 1 PURCHASING DIVISION E Event Name LOWER LEVEL CITY HALL =Ta volumetric mixer Truck and Driver 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 08/15/2019 08:30:00 CDT 09/12/2019 13:30:00 CDT United States Email: FMSPurchasingResponses@forNvorthtexas.gov Line: 9 Description: Qty----- Unit UnitPrice Total 1%CALCIUMADDED 5.00 CY Line: 10 Description: Qty Unit UnitPrice Total 2%CALCIUM ADDED 5.00 CY Line: 11 Description: Qty Unit UnitPrice Total RED DYE 5.00 CY Line: 12 Description: Cty Unit UnitPrice Total EMERGENCY DELIVERY(TRUCK AND DRIVER) 600.00 DA AFTER 5PM MONDAY SUNDAY INCLUDING HOLIDAYS Line: 13 - f Description: Qty Unit UnitPrice Total LEASE OF(TRUCK AND DRIVER)7:00 AM TIL 5:00 600.00 DA PM SUNDAY INCLUDING HOLIDAYS = • c �C7U G' 2a f)lv Total Bid Amount: Li � eo ITB 19-0000022 Volumetric Mixer Truck and Driver 5 of 52 i f CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO i iFor vendor doing business with total governmental entity This questionnaire reflects cnanges made to the law by M.B. 23.84th Leg_ Regular Sessian_ OPFICEUSEONLY This questionnaire is being fled in accordance with Chapter 176.Local Government Code. ,;,F srve. 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 lav this questionnaire must be filedwith the re�,ords 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-;),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006 Local Government Cede.An offense under this section is a misdemeano. t Name of vendorwho has a busl ess relationship with local governmental entity. L 2 Check this box if you a Ming an updata to a previously feed questionnaire. f (The law requires that you file an updated completed questionnaire with the appropriate filing authori1s later than the 7th business day after the date on::•hick you became aware that the originally filed questionnaire Was 6icomplete or inaccurate.) i {3 i Name of local government officer about whom the information In this section is being disclosed. Name of Officer i This section(item 3 inciuding subparts A. B. C. & D) must be completed for each ofce, with whom the vendor nas sr: employment or other business relationship as defined by Section 176.001(1-a).Local Government Code. Attach additional pages to this Form CIO as necessary_ Ii{ A. Is the local government officer named in this sect on receiving or likely to receive taxable income,other Char investment incorne.from the vendor^ f Yes a No 13. Is the vendor receiving or likely to receive.axable income.other than investment income,from or at the airection or Use locai I government otter named in this section AND the taxable income is not received from the local governmental entity? CYes F—# No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director.or holds an ownership interest of one percent cr more? i Yes � No D,.Describe each employment or business and family relationship vvith the local government officer named in this section. f 1 , 4 r Signature of venonr done»usiness with the governmental entity GG i :,doted 8I7:20,s ITB 19-0000022 Volumetric Mixer Truck and Driver 30 of 52 ATTACHMENT-B BIDDER'S CONTACT INFORMATION - a Bidder's Name: Bidder's Local Address - _ TIC .,- Phone: 1&7 w .�. / Fax: Email: Name of person assigned specifically for this Agreement: NameMtle ! Phone:` ' dc'� i � Fax: `z 3'17:5-7 Email: _j— �f1J'�s�� Name of persons for renewal information and/or billing questions: Name/Title Phone: cam_ Fax: _ Email: Name/Title Phone: Fax; " Email: Signature Printed Name Date ITB 19-0000022 Volumetric Mixer Truck and Driver 31 of 52 ATTACHMENT-C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council,when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes, identify address: b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Origin tin i ort 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?a;2 b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company(f)?prior taxyec i—FortWorth office or former location, if Fort Worth office is newly- established ? '��. �. �J 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. � - 9 � _ (Company Name) (Date) 1 P C (Signature) (Printed Name aifd Title) ITB 19-0000022 Volumetric Mixer Truck and Driver 32 of 52 ATTACHMENT-D REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references for at least three(3)recent customers to whom products and/or services have been provided that are similar to those required by this solicitation.The City will be the sole judge of references. Please use additional sheets. 1. Company's Name 6 Name of Contact Title of Contact Present Address City, State,Zip Code ` — Telephone Number n Fax Number( ) Email i 2. Company's Name l Name of Contact Title of Contact Present Address — City,State, Zip Code Telephone Number ( ) d ! Fax Number{ ) Email f 3. Company's Name Name of Contact Title of Contact Present Address A 016IOX .-10 City,State,Zip Code Telephone Number (25 Fax Number( Email iTB 19-0000022 Volumetric Mixer Truck and Driver 33 of 52 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Execution of this Signature Verification Form("Form") hereby certifies that the following individuals and/or positions have the authorit; to legally bind Supplier and to execute any agreement, amendment or change order on behalf of Supplier. Such binding authority has been granted by proper order,resolution, ordinance or other authorization of Supplier.City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Supplier. Supplier 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 Supplier. '' l 1. Name: i Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President!CEO Other Title: t-eSar'1 Date: c� ii a 'LQ1G ITS 19-0000022 Volumetric Mixer Truck and Driver 52 of 52 ATTACHMENT D INSURANCE AND ATTACHMENT D-R BONDING (if necessary) (Behind this pagge are the City's standard insurance requirements and,if necessary,payment and performance bond forms) _ .:::•_;:-::;act't:.... Page 20of21 Contractor Services Agreement ATTACHMENT E VERIFICATION OF SIGNATURE AUTHORITY Contractor:mc)qAddress: ,�-k— -�'a — City,state,zip: � ! a$ -7 Execution of this Signature Verification Form ("Form') hereby certifies that the follo,o1- 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„Tarrant,•and representation set forth in this Form in entering into any agreement or amendnient with Contractor. Contractor will submit an updated Form ,vithin ten (10) business days if there arc 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. I. Nanie: c,.l �ctvz,��.cvv�'�7. Position: Ui, Signature 2. Name: 4,1-, Position: Signature ;f 3. Name: Position: Signature Nanic: Signature of President 1 CEO Other Title: Date: " 1r.. o;;- Page 21 of 21 Contractor Services Agreement City of Fort Worth,Texas Mayor and Council Communication DATE: 04/07t2o MSC FILE NUMBER: M&C 20-0250 LOG NAME: 60P VOLUMETRIC MIXER TRUCK AND DRIVER BSR WATER SUBJECT Ratify Expenditures and Authorize the Execution of an Agreement with H&H Concrete on Demand Ina,for Volumetric Mixer Trucks and Drivers in an Annual Amount Up to$1,836,260.00 and Authorize Four One-Year Renewal Terms for the Water Department(ALL COUNCIL DISTRICTS) RECOMMENDATION it is recommended that.the City Council authorize the execution of an agreement,and four annual renewal options,with H&H Concrete on Demand Co.for the rental of a volumetric mixer truck and driver at an annual cost not to exceed$1,836,260.00 and ratify previous expenditures up to $800,000 incurred by the City of Fort Worth Water Department from October 15,2019. AISCUSSION• With the previous contract set to expire in September 2019,the Water Department approached the Purchasing Division to issue an invitation to Bid(ITB)for the rental of a volumetric truck and driver.The purpose of this service is to provide concrete materials for various construction projects including:repairing sections of damaged concrete;emergency repairs;and routine maintenance of City streets following water system repairs. The ITB consisted of detailed.specifications listing the mixer truck driver's responsibilities and types of concrete to be provided. The Bid was advertised In the Fort Worth Star-T learam on Wednesday,August 15,2019 through September 11,2019.The Purchasing Division solicited 22 vendors from the City's purchasing database system.The City received one(1)response. The bid was evaluated based on the lowest responsible bidder criteria.Staff reviewed the bid and found that H&H Concrete meets the bid specifications and that the prices are fair and reasonable.Accordingly,the Purchasing Division recommended awarding the bid to H&H Concrete. Further,the Water Department certifies the recommended vendor meets specifications.Therefore,Staff recommends awarding an annual agreement to H&H Concrete on Demand,Inc.with four options to renew at an annual cost not to exceed$1,836,260.00. Additionally,based upon the recommendation to award the bid to H&H Concrete but before the recommendation for award was presented to the City Council,the Water Department purchased these services from H&H Concrete after the expiration of the previous contract.Accordingly, Purchasing and Water staff recommend that City Council ratify previous expenditures with H&H Concrete of up to$800,000 by authorizing the above described agreement.These previous expenditures will be counted against the fast year's authorized spending authority approved through this M&C. The price list reflected a decrease on certain items,no change on other Items and an overall 29%reduction from the previous contract, MWBE Office-A waiver of the goal for MMlBE 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 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 funds have been appropriated. Agreement terms-Upon City Council,approval,the first term of this Agreement shall begin on October 15,2019 and end one year to date with four one-year options to renew. Renewal Terms-This Agreement may be renewed at the City's option.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 FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget,as appropriated,and the adoption of the Fiscal Years 2021 25 Budgets by the City Council,funds will be available in the Fiscal Years 2021 25 Operating Budgets,as appropriated,in the Water and Sewer Fund to support the approval of the above recommendation(s)and award of the contract. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office W: Kevin Gunn 2015 Originating Business Unit Head: Reginald Zeno 8517