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HomeMy WebLinkAboutContract 55019 CITY Sll.,dPCTI%Ry R 202p CONTRACTOR SERVICES AGREEMENT HYDRO-VAC EXCAVATION cs ZOO ITB No.20-0167 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 CSI Consolidated, LLC d/b/a AIMS Companies ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized Vice President . This Agreement shall be effective as of the Effective Date established herein. AGREEMENT DOCUMENTS: The additional documents comprising this Contractor Services Agreement shall include the following: 1. Attachment A—Standard Terms and Conditions,Parts I and II; 2. Attachment B - The City's Invitation to Bid ("ITB"), 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 terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES Contractor hereby agrees to provide HYDRO-VAC EXCAVATION 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 30t" ("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to four (4) one-year renewal periods (October 1 to September 30) and for a fifth renewal period which shall expire on the month and day of the Effective Date creating a five year total duration. City may elect or Contractor may request a non-renewal by providing the other party with notice of same at least 60 days before the expiration of the Initial Term or any renewal period. 3. COMPENSATION City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B. Total payment made under this Agreement per term shall be the amount of $100,000.00 ("Contract Amount"). Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not 5 _ i si� tlxi Agreement unless City first approves such expenses in writing. ITB No.20-0167 Hydro-vac Excavation Contractor Services AgreementL,g-�ty %�CRETARV �g 4. TERMINATION/CANCELLATION Termination: The City reserves the right to terminate this agreement, or any part hereof, with or without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the reasonable satisfaction of the City, incurred as a result of the termination. In no event shall the total of all amounts paid to the Contractor under this section exceed the price stated in the Agreement. The Contractor shall not be reimbursed for any profit which may have been anticipated, but which have not been earned up to the date of termination. Cancellation: City shall have the sole right to cancel this contract prior to the commencement of work should there be a change in the need for the product or services as determined by the Department Head or his/her Assistant City Manager. Non-Appropriation of Funds: In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then City will immediately notify Contractor of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. Unauthorized Access. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. INDEPENDENT CONTRACTOR 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, ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor. Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from City. Contractor shall be responsible and 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 LLABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR 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 OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8. ASSIGNMENT Contractor shall not assign any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9. INSURANCE AND BONDING Contractor shall provide City with certificate(s) of insurance documenting policies of the types and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect prior to commencement of any work pursuant to this Agreement as provided for in Attachments D and D- 1, attached hereto and incorporated herein. ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement 10. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS Contractor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations as set forth in Attachment A, Part II, Section 14. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. 11. NON-DISCRIMINATION COVENANT Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including Chapter 17, Article III, Division 3 of the Fort Worth Code. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 12. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by electronic means with electronic confirmation of the transmission, or(3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To CONTRACTOR: City of Fort Worth Contractor business name Attn: Sarah Czechowicz/Buyer Purchasing Dept. 200 Texas Street CSI Consolidated,LLC d/b/a AIMS Companies Fort Worth,TX 76102-6314 Attn: Kent Ford/Vice President Email: sarah.czechowicz@fortworthtexas.gov 3808 Knapp Rd. Phone: (817)392-2059 Pearland,Texas 77581 Facsimile: (817) 392-8440 Phone: (281)414-5409 With copy to Fort Worth City Attorney's Office at Facsimile:N/A same address Email: kford@aimscompanies.com 13. SOLICITATION OF EMPLOYEES Neither City nor Contractor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent Contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who independently responds to a general solicitation of advertisement of employment by either party. ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement 14. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 15. NO WAIVER The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. GOVERNING LAW/VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity,:is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 17. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, acts of the public enemy, fires, strikes, lockouts,natural disasters,wars,riots,material or labor restrictions by any governmental authority and/or any other similar causes. 19. AMENDMENTS/MODIFICATIONS/EXTENSIONS No amendment,modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 20. ENTIRETY OF AGREEMENT This Agreement, including its attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their respective assigns and successors-in-interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 21. WARRANTY Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. Contractor warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract. Additional specific warranty provision are found in ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement Attachment A, Part I, Sections 9-13. All warranty provisions shall survive the expiration of this Agreement. City shall give written notice of a breach of any warranty within thirty (30) days from the date that the cause for same is discovered. 22. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. 23. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 24. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 25. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had an opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or its attachments. 26. COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 27. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by ITB No.20-0167 Hydro-vac Excavation 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 axed on the Verification of Signature Authority Form, which is attached hereto as Attachment E. Each party is fiilly entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. ACCORDINGLY, the parties hereto have duly executed this Agreement and established the Effective Date as being the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH: CONTRACTOR: b �cr�AGc�uf� By: Dana 8urghdoff(i &24,2D: 15:25CST) CSl Consolidated,LLC d/b/a AIMS Companies Name: Dana Burghdoff 3808 Knapp Rd. Title: Assistant City Manager Pearland,Texas 77581 By: 41e,1101, Date: ?itil7er ent rd Vice President APPROVAL RECOMMENDED: Chg,,Log k`/`fyalGel- Date: 7�1 By: Christopher HSrder(Nov 23,202013:08 CST) Name: Chris Harder,P.E. Title: Water Department Director .,' 4 ATTEST: .4 C, `, ... rRonaldP.Gonzales(Nov24,202015: ST) By: ; Name: Mary J.Kayser Title: City Secretary =3x Rt'&4y r APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: Beer, By signing I acknowledge that I am the person By: DBlack(Nov 24,202014:46 responsible for the monitoring and Name: Douglas W Black administration of this contract, including Title: Sr.Assistant City Attorney ensuring all performance and reporting CONTRACT AUTHORIZATION: requirements. M&C:2.e>-on t3a- Date: 1®/Xt /zc> 1295# 2020-655159 By: Na e: J. Chris Underwood Title: Sr. Engineering Technician RECORD ITB No.20-0167 Hydro-vac Excavation o ft SEC TARRY Contractor Services Agreement aI & ( ...... 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 tax identification number, ITB/RFQt number, invoice number, address, date, service or item description, unit price, extended cost, and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Contractor for correction and re-submittal. 2.3 Under no circumstances will the City be responsible for goods or services provided without an Agreement signed by an authorized city representative. 3.0 UNIT PRICE ADJUSTMENT 3.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during a renewal period but not before the effective date of a renewal and only upon written request from the Contractor. 3.2 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. 3.3 If the City does not accept the proposed rate increase,the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. ° 3.4 Prices bid or adjusted with a renewal, shall remain firm for each correlative term of the Agreement. 3.5 Upon expiration of the Agreement term, the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re- bid an agreement,not to exceed ninety(90) days. Contractor will be reimbursed for this service at the prior agreement rate(s). Contractor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. ITB No.20-0167 Hydro-vac Excavation 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. 5.0 INSURANCE AND BONDING REOUIREMENTS Insurance requirements are found in the Agreement,Attachment D. A valid certificate of insurance shall be provided with the signed Agreement. Failure to provide such information within five (5) calendar days thereof may be grounds for termination of the Agreement. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. Bonding requirements are described in the Call, Part II, Section 9.2. If said bonds are required, the forms will be attached to the Agreement as Attachment D-1. 6.0 COMPLAINTS Complaints processed through the City Purchasing Division are to be corrected within fourteen (14) days of formal notice of complaint. Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the cancellation of the applicable line item(s) in the price agreement. 7.0 SUBCONTRACTING Subcontracting of the work under this Agreement will be allowed provided Contractor notifies the Project Manager at least 24 hours in advance. If Contractor intends to engage a subcontractor(s)to perform any of its obligations herein, subcontractor(s) shall agree to be bound by the duties and obligations of Contractor under the Contract as such duties and obligations may apply. Contractor shall, upon request, provide City with a fully executed copy of any agreement making such subcontract. 8.0 DELIVERY 8.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses, freight, mileage, time, or similar items will be accepted or paid by the City. 8.2 There may be instances when the Contractor may be asked to accelerate delivery of an order or services due to extenuating or emergency circumstances. When this occurs, the Contractor will be expected to provide this service at no additional cost. ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement 8.3 In the event the Contractor is unable to meet the original delivery date(s), the City must be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be grounds for canceling order(s) or services, or the entire Agreement. 8.4 Delivery tickets must include the City's Blanket Order Number and the ordering department's Release Number. 8.5 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to the City. If the item (s) are not picked up within one (1) week after notification, the item shall become a donation to the City for disposition. 8.6 Material Safety Data Sheets (if applicable) 8.6.1 A Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to Revised Statutes Annotated (RSA) Chapter 277-A (277-A), shall accompany each delivery. Delivery of toxic or hazardous substance or mixtures containing such substance without MSDS sheets shall not be accepted. Delivered containers shall be properly labeled pursuant to RSA 277-A. 8.6.2 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277-A, shall place the Contractor in non-compliance and shall result in civil or criminal penalties. The Contractor furnishing substances or mixtures subject to RSA 277-A, is responsible for adhering to and being in compliance with this law. Failure to comply with RSA 277-A, shall result in the cancellation of an order. 9.0 WARRANTIES 9.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 9.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Contractor or any supplier at any tier. 9.1.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines "prompt" repair or replacement to be within twenty- four (24) hours after notification by authorized City personnel. 9.1.3 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City. 9.1.4 The Contractor shall remedy at the Contractor's expense any non-conforming or defective products or work. In addition, the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth, when that damage is the result of a defect of products furnished. 9.1.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement 9.1.6 The City of Fort Worth shall notify the Contractor, within a reasonable time after the discovery of any failure, defect,or damage. 9.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 9.1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 9.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract,the Contractor shall: 9.2.1 Obtain all warranties that would be obtained in normal commercial practice; 9.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 10.0 PRICE WARRANTY 10.1 The price to be paid by City shall be that contained in Contractor's proposals which Contractor warrants to be no higher than Contractor's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Contractor breaches this warranty, the prices of the items shall be reduced to the prices contained in Contractor's proposals, or in the alternative upon Contractor's option, Contractor shall have the 'right to cancel this contract without any liability to Contractor for breach or for Contractor's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Contractor may have in law or equity. 10.2 Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Contractor for the purpose of securing business. For breach or violation of this warranty, City shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 11.0 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 warrants that the goods furnished will conform to City's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Contractor, if any. In the event of a conflict between City's specifications, drawings, and descriptions, City's specifications shall govern. 12.0 SAFETY WARRANTY Contractor warrants that the product sold or services provided to City shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act(OSHA) of 1970, as amended. In the event the product or services do not conform to OSHA standards, City may return the product for correction or replacement at Contractor's ITB No.20-0167 Hydro-vac Excavation 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 refund shall constitute breach and cause this contract to terminate immediately. 13.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 13.1 If applicable to the services being provided, the CONTRACTOR warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,")do not infringe upon or violate any patent, copyrights, trademarks, service marks,trade secrets, or any intellectual property rights or other third party proprietary rights,in the performance of services under this Agreement. 13.2 If applicable to the services being provided, CONTRACTOR shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s) hereunder. 13.3 If applicable to the services being provided, CONTRACTOR agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as CONTRACTOR bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, CONTRACTOR shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with CONTRACTOR in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, CONTRACTOR shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give CONTRACTOR timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate CONTRACTOR's duty to indemnify the City under this Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, CONTRACTOR shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s)with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to CONTRACTOR, terminate this Agreement, and refund all amounts paid to CONTRACTOR by the City, subsequent to which termination City may seek any and all remedies available to City under law. 14.0 SAFETY The Contractor shall be responsible for creating and maintaining its own safety plan meeting all federal, state, county or city laws, ordinances and regulations. 15.0 HAZARDOUS CONDITIONS The Contractor is required to notify the City immediately of Contractor's discovery of any hazardous conditions during performance of the services. City may suspend contractor's work for such reasonable time as is necessary to evaluate the possible hazardous conditions and to develop a plan for managing same. Contractor and City may negotiate a change order, if necessary, for Contractor to continue its work if the original conditions have materially changed due to the discovery of hazardous conditions. ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement PART-H 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 or agencies. 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 P ITBLIC INFORMATION Any information submitted to the City of Fort Worth may be requested by a member of the public under the Texas Public Information Act. If the City receives a request for a Contractor's proprietary information, the Contractor listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Contractor believes that its information may not lawfully be released. If Contractor does not make arguments or the AG rejects the arguments Contractor makes, Contractor's information will be released without penalty to the City. 4.0 PROHIBITION A TAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of City shall have a financial interest, direct or indirect, in any contract with City or be financially interested, directly or indirectly, in the sale to City of any land, -- materials, supplies or services, except on behalf of City as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 ORDERS 5.1 No employees of the City or its officers, agents, servants, contractors or subcontractors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the City. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the City's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Contractor without an approved contract number, purchase order number, or release number issued by the City may result in rejection of delivery,return of goods at the Contractor's cost and/or non-payment. 6.0 CONTRACTOR TO 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., box 1 of 4 boxes; and (d)Number of the container bearing the packing slip. Contractor shall bear the ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 SHIPMENT UNDER RESERVATION PROHIBITED Contractor is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS If applicable to the scope of work, the title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 PLACE OF DEL_TVERY If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 10.0 RIGHT OF INSPECTION If applicable to the scope of work, City shall have the right to inspect the goods upon delivery before accepting them. Contractor shall be responsible for all charges for the return to Contractor of any goods rejected as being nonconforming under the specifications. 11.0 SOFTWARE LICENSE TO CONTRACTOR If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Contractor, and is licensed and provided to the City for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Contractor; however City may make copies of the software expressly for backup purposes. 12.0 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 and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. Contractor for itself and on behalf of its contractors hereby waives any property interest in such Work Product. ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement 13.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectively the "Network"). If Contractor requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Contractor is required to utilize the Internet, Intranet, email, City database, or other network application, Contractor shall separately execute the City's Network Access Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. 14.0 LAWS,REGULATIONS,AND ORDINANCES The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any 'law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 15.0 IMMIGRATION NATIQJJALITY ACT Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM 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 REQUIREMENTS Services, products, materials, and supplies provided by the Contractor must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Contractor agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Contractor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 17.0 RIGHT TO AUDIT Contractor agrees that the City, or City's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to City, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access, during normal working hours, to all necessary Contractor facilities, and shall be provided adequate and appropriate ITB No.20-0167 Hydro-vac Excavation 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 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 19.0 TIME TO CURE/DISPUTE RESOLUTION 19.1 If either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement,the parties shall first provide a reasonable time to cure and then attempt to resolve the matter through this dispute resolution process. The disputing parry shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to cure, resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to cure or resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure any deficiency. 19.3 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the appropriate Department Head who may take appropriate action to cure the performance problem(s). 19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of Contractor's receipt of notice of same. 19.5 The Contractor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement ATTACHMENT B CALL FOR BIDS/PROPOSALS PARTS I-H (Inserted behind this page) ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement FORT WORTH® CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFWOI-20-0167 1 Event Round Version 1 1 Event Name ITB H drovac Excavation Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 07 22/2020 09:00:00 CDT 08 13 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth(City)seeks bids to establish an Annual Agreement for Hydrovac Excavation Services for the Water Department on an as needed basis. Terms & Conditions No pre-bid conference will be held. *Bidders interested in this bid event shall register with the City of Fort Worth* Bids are solicited for furnishing the supplies,services and equipment as set forth in this solicitation. Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by the above'FINISH TIME", 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: 1. Mail: City of Fort Worth, Purchasing Division, Lower Level, City Hall,200 Texas Street, Fort Worth,Texas 76102-6314 2. Hand delivered from 8:30am 1:30pm on Thursdays at the South End lobby of City Hall. 3.To submit a bid earlier, please call Purchasing at 817-392-2462 to make an appointment for Purchasing to pick up the bid,Monday through Friday between 8:30am-5:00 pm,at the South End Lobby at City Hall. Bids delivered by special courier(i.e. Federal Express, Special Delivery etc.)are to be marked on the outside of the couriers shipping envelope BID No.20-0167 ITB HYDROVAC EXCAVATION SERVICES AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening.Bids may not be altered,amended or withdrawn after the official opening.The undersigned agrees, if the bid is accepted,to furnish any and all items upon which prices are offered, at the price(s)and upon the terms, conditions and scope/specifications contained in this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date. Cooperative Purchasing: Should other Governmental entities decide to participate in this contract,would you,the Vendor,agree that all terms,conditions,specifications,and pricing shall apply(see Section 13, Part 1)? Yes_X_ No CONTENTS ITB BID OFFER SHEET**-Cover Page of Final Bid Document V1 and attached as separate document Part I Specific Bid Information/Scope of Work Part II Instructions to Bidders Part III Specific Terms and Conditions Part IV General Terms and Conditions Part Attachments A-H Part VI Draft Service Agreement ITB 20-0167 HYDROVAC EXCAVATION SERVICES 1 of 69 PART-I SPECIFIC BID INFORMATION 1.0 SCOPE 1.1 The City of Fort Worth (City) is seeking qualified bidders to award one or more non- exclusive contracts for hydro-vac excavation services on an "as needed basis" for the Water Department. The City intends to award multiple agreements to provide full coverage of service for the City. The Water Department Field Operations and Engineering Divisions will use these hydro-vac excavation services to expose underground utilities to determine the location and depth of the underground utility at various job site locations throughout the City of Fort Worth. 1.2 Work to be performed shall consist of mobilizing to jobsite,hourly rate(truck& crew)to excavate existing utilities, hourly rate (labor & equipment) to backfill and backfill materials. The City reserves the right to request additional services consistent with the general nature of the scope of work.The City further reserves the right to adjust the scope of work via issuance of a change order. 1.3 Hourly charges shall include all labor, equipment, driver(s) and fuel. 1.4 Hydro-vac excavation locations will be at various job site locations throughout the city of Fort Worth, depending on where work is being performed by the Water Department Field Operations and Engineering Divisions.The address to these locations will be provided by the Water Department Field Operations and Engineering Divisions at least 24-hours in advance,whenever possible. 1.5 Time restrictions, if any, will be set by the Water Department Field Operations and Engineering Divisions. 1.6 Contractor shall comply with all posted truck route or "No Trucks" restrictions unless otherwise complying with the specific exceptions permitting heavy truck travel on otherwise prohibited streets. 1.7 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, and any other fees.No additional charges will be accepted or paid by the City. 1.8 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.9 Following the award, additional services and products of the same general category that could have been encompassed in the award of this Agreement,and that are not already on the Agreement,may be added. 1.10 The successful bidder(s)shall be known hereafter as "Contractor". 1.11 GENERAL REQUIREMENTS 1.11.1 The Agreement shall be utilized by the City Water Department for "as needed basis" and emergency backup situations occurring in water plants, wastewater plants, and wastewater lift stations, wastewater meter stations, and Field Ops and project sites. Emergency response shall be requested by City personnel on an as ITB 20-0167 HYDROVAC EXCAVATION SERVICES 6 of 69 needed basis. The Water Department will use these hydro-vac excavation services to expose underground utilities for Field Operations to access for repairs and work. In addition Core drilling to determine the location and depth of the underground utility, at various job site locations throughout the City of Fort Worth. 1.11.2 Emergency Mobilization—Upon verbal notification by the City,the Vendor shall mobilize and initiate work at the designated work site within two (2) hours from notificatioan. An example of a situation requiring emergency mobilization is a wastewater lift station backup. Emergency mobilizations shall be compensated per the unit price per emergency mobilization. 1.11.3 Normal Mobilization— Upon written notification by the City, the Vendor shall mobilize and initiate work at the designated work site within two days from notification. There will be no direct compensation to the Vendor for normal job mobilizations. 1.11.4 Large Jet-Vac Truck Utilization—The large j et-vac truck shall have a debris tank of minimum eight(8) cubic yard capacity, a minimum suction blower capacity of 27 inches of mercury(Hg), and/or pumper with the capability to produce 170 gallons per minute (gpm) flow rates at 2,500 pounds per square inch (psi) pressure. Work shall be measured and paid per large jet-vac truck and operator on the site of the work request, per hour utilized.Transportation time to and from the work request site shall not receive any direct compensation. 1.11.5 Vacuum Tanker Truck Utilization — The tanker truck shall have a minimum 5,000 gallon tank capacity along with a suction pump with at least 1,000 gpm capacity. Work shall be measured and paid per tanker truck and operator on the site of the work request, per hour utilized to the nearest quarter hour. Transportation to and from the work request site shall not receive any direct compensation. 1.11.6 Waste Disposal — Work shall be measured and paid per cubic yard of all bulk sludge, grit, water plant debris, and wastewater collection system debris, removed and disposed of as part of the completion of this work request. Liquid removed from the wastewater collection system and discharged directly back into the wastewater collection system shall receive no direct compensation but will be considered incidental to the jet-vac or tanker truck utilization rate. Work shall include providing the City with all copies of manifests and disposal records. 1.11.7 Temporary Installation of Plugs Various Diameters — Work shall include the setup, installation, maintenance, and removal of plugs and flow through plugs as required to restrict or control water and wastewater flows through an area to be bypass pumped or as a means of controlling flows. Work shall be measured per plug installed and maintained, for a maximum duration of five (5) calendar days. Plugs installed beyond five(5) calendar days shall be compensated at a multiplier rate of the number of days installed and maintained by five(5) calendar days. 1.11.8 Additional Field Personnel Support—Work shall be measured and paid per field personnel assigned to the work order, per hour of work performed. Jet-vac and tanker truck utilization rates shall include the costs of one operator each. Any additional operators/laborers needed for work request completion will be ITB 20-0167 HYDROVAC EXCAVATION SERVICES 7 of 69 compensated at the hourly rate for additional field personnel support. Additional field personnel shall be prior approved by the Water Department. 1.11.9 Special Requirements—Waste Handling and Spill Prevention Requirements 1.11.9.1Seven (7) days prior to initiating work, the Vendor shall apply for an Environmental Site Permit with the City of Fort Worth Water Department, Pretreatment Services Division (817)-392-8305. All vehicles and equipment used in the transportation, storage, and disposal of debris removed in the cleaning operations are required to meet criteria as described in City of Fort Worth Ordinance No. 12274,Article VII "Liquid Wastes". The Vendor must be registered with the Texas Commission on Environmental Quality(TCEQ). 1.11.9.2A11 solids or semi-solids resulting from cleaning operations shall be characterized by the Vendor. The Vendor shall dispose of the waste at Cold Springs Processing facility, an approved disposal site for this waste classification. All materials shall be removed from the site, at a minimum, at the end of each workday. Waste may not be stored in a TCEQ permitted mobile closed container for more than 4 days. 1.11.9.3The Vendor shall prepare and submit a "Spill Prevention and Response Plan" that will address handling any spills to the environment. If an accidental discharge or spill occurs during cleaning, collection or transport activities, the Vendor is responsible for taking appropriate actions to prevent harm to human health and the environment as required by applicable Federal, State and Local laws. 1.1 1.9.4Registered transporters must maintain copies of TCEQ registration letter and application in all vehicles used in the work. The transporter must maintain a record of individual collection and deposit in the form of a trip ticket. Environmental Site Inspections can be made at any time during the duration of the work. Proof of proper TCEQ registration and trip ticket records must be provided immediately when requested. Both State and City regulators may perform environmental site inspections during the course of this contract. 1.11.10 Special Requirements—Confined Space Entry Program 1.11.10.1 The Vendor shall produce a written document explaining the confined space entry program to be implemented as part of this contract. At a minimum, the submitted program shall be in compliance with all applicable Occupational Safety and Health Administration League (OSHAL)requirements regulating confined space entry. 1.11.11 Special Requirements—Water Usage 1.11.11.1 Water usage by the Vendor for jet-vac trucks shall be taken from approved fire hydrants via a two inch(2")meter obtained by the Vendor from the City. One (1) fire hydrant wrench will be issued with each 2" meter. The deposit for the 2" meter and fire hydrant wrench is the responsibility of the Vendor. The amount of the deposit is $1,000.00 (One thousand dollars). The Vendor is responsible for returning the ITB 20-0167 HYDROVAC EXCAVATION SERVICES 8 of 69 meter for reading on a monthly basis.A meter reading fee is applicable for this project, though there will be no charge for water usage for the purpose of this contract. 1.11.12 Back Fill Materials— Backfill 1.11.12.1 Asphalt Pavement - Holes will be backfilled with controlled low strength material (flowable fill) and the asphalt section will be replaced to full depth with commercially available cold mix asphalt. 1.11.12.2 Concrete pavement - holes will be backfilled with controlled low strength material and the concrete section will be replaced to full depth with commercially available grout. 1.11.12.3 Any other coring/drilling activity - holes will be backfilled with compacted native material. 2.0 TERM The City intends for this to be a multi-year agreement with the first term pro-rated to coincide with City's fiscal year, which ends on September 30', with options to renew up to four (4) additional one-year terms and a fifth renewal, if necessary, to complete the prorated year. Renewals shall be at the City's sole option with Contractor's concurrence. 3.0 PRE-BID CONFERENCE No pre-bid conference will be held. 4.0 SCHEDULE AND ADDITIONAL BID REQUIREMENTS Bids shall be responsive to this Part I,the Bid Offer Sheets and otherwise in accordance with Part 11, Instructions to Bidders. 4.1 Any bid that does not include a response for ALL of the requested services on the Bid Solicitation Form may be rejected. Award may be made without discussion with Bidders after bids are received.Bids should,therefore,be submitted on the most favorable terms. 4.2 Schedule of Bid Events: ITB Release Date July 22,2020 Deadline for Questions July 28th,2020 at 5:00 PM(Local Time) Answers Posted July 31,2020 by 5:OOPM Response to ITB Due August 14,2020 by 1:30 PM(Local Time) Responses opened and read aloud August 14,2020 at 2:00 PM(Local Time) Contract Negotiations August—September 2020 Anticipated M&C Council Date November 2020 4.3 Bidders shall submit the following items with their bid: 4.3.1 A completed and signed original Bid Offer Sheet(pages 1-4), 4.3.2 A completed and signed original Conflict of Interest Questionnaire (Part V, Attachment A); ITB 20-0167 HYDROVAC EXCAVATION SERVICES 9 of 69 4.3.3 A completed Contractor's Contact Information Form(Part V,Attachment B); 4.3.4 A completed Consideration of Location of Bidder's Principal Place of Business, if applicable(Part V,Attachment C); 4.3.5 A completed Reference Sheet(Part V,Attachment D); 4.3.7 All items listed in Part Il, Section 3.0,Bidder's Qualifications; 4.3.8 A completed and signed Verification of Signature(Part V,Attachment H); 4.3.9 Submission of Bid Security, (Part II, Section 4.7); 4.3.10 A copy of all submitted documents saved on a flash drive. 4.4 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements.Failure to submit the items listed herein may be grounds for rejection of a bid as non-responsive. 5.0 METHOD OF AWARD 5.1 Contract(s)will be awarded to the lowest responsive and responsible bidder complying with all of the provisions of the Call,provided the price is reasonable and it is in the best interest of the City to accept it. 5.2 In order for the City to receive adequate coverage on its requirements as specified in the solicitation,the City reserves the right to make multiple awards. 5.3 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item,combination of items, or overall bid, as it is deemed in the best interest of the City. 5.4 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 5.5 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Contractor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 6.0 RESER6TATIONS In order for the City to receive adequate coverage on its service needs,the City expressly reserves the following rights: 6.1 to snake multiple contract awards; 6.2 to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City; 6.3 to consider and accept alternate bids, if specified in the ITB, when most advantageous to the City; 6.4 to waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; ITB 20-0167 HYDROVAC EXCAVATION SERVICES 10 of 69 6.5 to waive any minor informality in any bid or ITB procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 6.6 to add additional terms or modify existing terms in the ITB by addendum prior to the bid opening date; 6.7 to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature; 6.8 to evaluate bids in relation to the performance record of Bidder with the City, another municipal corporation or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Contractor's failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City and the public at large; 6.9 to reject a bid because of unbalanced unit prices; 6.10 to specify approximate quantities in the ITB; 6.11 to extend the ITB opening date and time; 6.12 to reissue an ITB; and/or 6.13 to procure any item by other means. 7.0 QUESTIONS Questions,explanations or clarifications desired by a Bidder regarding any part of the bid must be requested as detailed in Part I, Section 4.0. Email questions to:FMSPurchasingRes op nses@fortworthtexas.gov Bidders must include the ITB number,name of the bid and the name of the buyer in the subject line. Please note,if an e-mail confirming receipt of your e-mail is not received within 1 business day,please contact City of Fort Worth Purchasing at 817-392-2462. If by facsimile: (817)392-8440,Attention: Sarah Czechowicz and ITB No.20-0167. ITB 20-0167 HYDROVAC EXCAVATION SERVICES 11 of 69 PART-II INSTRUCTIONS TO BIDDERS 1.0 REVIEW OF DOCUMENTS Bidders are expected to examine all documents that make up the Invitation to Bid ("ITS"). Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the ITB. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete ITBs. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the ITB must be requested in writing from the Purchasing Division and must be received as per the schedule established in Part 1, Section 4. Interpretations, corrections, or changes to the ITB shall be communicated by addendum to all known prospective Bidders. Communications made in any other manner are not binding upon the City and Bidders shall not rely upon such communications, including oral explanations or instructions provided at any pre-bid conference. Any oral communications stated by any department are considered unofficial and non-binding with regard to this ITB. 2.2 Requests for explanations or clarifications may be emailed or faxed to the City's Purchasing Division as provided in Part I, Section 7. The communication must clearly identify the Contractor's name and the ITB number. 2.3 Unauthorized Communications: Bidders' contact regarding this ITB with employees or officials of the City other than the Purchasing Manager, the Minority and Women Business Enterprise (M/WBE) Office, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written, with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this ITB, except as herein provided. Any violation of this prohibition may result in the Bidder being disqualified from the procurement process. 3.0 BIDDER'S QUALIFICATIONS 3.1 The following information must be submitted as part of the bid package and shall be supplied in the following order: 3.1.1 Bidder's background, services provided and number of years in business. 3.1.2 Evidence that Bidder is duly licensed, qualified and capable to fulfill and abide by the requirements listed herein with the bid. The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. 3.1.3 In order to receive contract award consideration, the bidder shall maintain sufficient resources to fulfill normal City of Fort Worth requirements. ITB 20-0167 HYDROVAC EXCAVATION SERVICES 12 of 69 3.1.4 Bidder shall provide a minimum of three (3) references establishing proof of experience. 3.1.5 The Bidder is responsible for familiarizing themselves with the character, quality and quantity of work to be performed, materials required and equipment required. 3.1.6 The Bidders shall meet and provide proof of the following qualifications in his/her bid response: 3.1.7 Bidder has available facilities and adequate equipment to render the services requested. 3.1.8 Bidder has available, qualified, and trained personnel to perform the services requested, and are adequately staffed and have the type and quantity of equipment necessary to respond to emergency requests 24/7. 3.1.9 Bidders shall provide proof of all applicable licenses and certifications for services described herein. 3.1.10 Bidder shall not be listed on a local, state or federal consolidated List of Debarred, Suspended and Ineligible Contractors and Grantees. 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by the ITB on the documents provided. Bids submitted on other than the forms included in the ITB may be considered non-responsive. Any attempt to alter the wording in the ITB is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 4.2 Brand Name or Equal: If the ITB indicates brand name or "equal" products are acceptable,the Bidder may offer an "equal' product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal' remains with the City. 4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated,the Bidder shall state its best delivery time. 4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. See Part III, Sec. 9 for further instructions. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. ITB 20-0167 HYDROVAC EXCAVATION SERVICES 13 of 69 4.5.2 Pricing shall be entered on the City of Fort Worth Bid Offer Sheet in ink. 4.5.3 Totals shall be entered in the "Total Price" column of the Bid Offer 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 ITS requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security:A bid security is required for this purchase. 4.7.1 The bid security shall be in an amount of 5% of the amount bid. 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. 4.7.2 To be an acceptable surety on the bond: 4.7.2.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or 4.7.2.2 The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. 4.8 Alternate Bids: Bidders may offer an "equal" product as an alternate bid. Final "approved equal"determination remains with the City. 4.9 Proprietary Information: 4.9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt.(See Part IV, Sec.3.0) 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 the ITB shall be borne by the Bidder. 4.11 Payments: All payment terms shall be "Net 30 Days"unless otherwise specified in the bid document. ITB 20-0167 HYDROVAC EXCAVATION SERVICES 14 of 69 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.fortworth og v.org/purchasing/, click on "Automated Clearing House Setup" 5.0 SUBMISSION OF BIDS Bid document: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy contained on a flash drive. Bids must be submitted in an opaque sealed envelope with the bid number written on the outside of the envelope. 5.1 Documents required with Bid: The following documents must be submitted with each Bid: 5.1.1 The completed and signed City of Fort Worth Bid Offer Sheet and; 5.1.2 Any other document included in the ITB requiring completion or execution by the Bidder. 5.2 Addenda: Receipt of any Addenda must be acknowledged by signing and returning the Addendum with the Bid. 5.3 Receipt of Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time set forth in Part 1, Section 4. The Bid must be received by the Purchasing Division and time-stamped before deadline to be considered. All Bids received after the Due Date and Time are considered late, will not be opened or considered and will be returned to the Bidder. 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 or City's mail room. Bids delivered to a City location other than the Purchasing Division will not be considered. 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bidders may modify their bid if it is withdrawn and resubmitted prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn by submitting a written request to the Purchasing Manager at any time prior to the Due Date.Electronic submission of a notice to withdraw a bid is acceptable so long as the request is signed by the Bidder's duly authorized representative. Proof of same may be required by the Purchasing Manager prior to a withdrawal being permitted. A receipt of the withdrawal must be signed by the Bidder. 6.3 No bids may be withdrawn after the Due Date without a showing of good cause or unless there is a material error in the bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening bids shall personally and publicly open all bids timely received, reading each bid aloud including the name of the bidder and the price provided. ITB 20-0167 HYDROVAC EXCAVATION SERVICES 15 of 69 8.0 E'VALUATION FACTORS OF BID AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the ITB (unless otherwise specified). However,the City may evaluate and award a contract for any item or group of items shown on the ITB, 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 Correction of Errors: Prices bid shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. Math errors in bids may be corrected by the City and the Bidder will be informed of said corrections. 8.3 Responsible/Responsive Bidder: 8.3.1 A responsive bidder is defined to be one who submits a complete bid packet within the stated time deadline and in accordance with the bid specification. 8.3.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies, equipment, or services being procured. 8.4 Award. A contract, hereinafter called the "Agreement", shall be awarded to the bidder(s) with the lowest price bid and which are otherwise qualified and competent, or in the case of a best value bid,the contractor(s)who's submittal offers the best value for the City based on the evaluation criteria,unless the City exercises its rights not to award a contract. 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 as stated in Part III and Part V of this ITB. 9.2 Payment and/or Performance Bonds: When Payment and/or Performance Bonds are required as per Texas Government Code Chapter 2253, et seq., as amended, the successful Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the ITB. A Payment Bond is required for a contract greater than $50,000 and a Performance Bond is required for a contract greater than$100,000. 9.3 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 by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the ITB before the purchase/contract will be presented to the ITB 20-0167 HYDROVAC EXCAVATION SERVICES 16 of 69 City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info f6rml295.htm. 10.0 PROTEST PROCEDURE 10.1 Contractors who respond to Invitations to Bid have the right to protest the ITB process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 10.2 The Contractor must submit any protest in writing to the Purchasing Manager within 14 days after the Contractor knows, or should have known, of the facts giving rise to a protest. 10.3 The Purchasing Manager, or designee, is authorized to take action to attempt to resolve a protest concerning a purchasing action through informal discussions, mail, and email or in-person meetings with the protesting party. 10.4 After said discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Contractor of the right to review by a panel made up of City staff. 10.5 A protest review panel will consist of an Assistant City Attorney, a representative of the operating department and any other appropriate personnel or employees of the operating department, and the Purchasing Manager. 10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Contractor does not agree, the protesting Contractor will be informed of its right, as a member of the general public, to attend any meeting of the City Council and make known his/her concerns. 10.6.1 Contractors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http://fortworthtexas.gov/citysecretW/info/default.aspx?id=2914 on the City's website. 11.0 THE AGREEMENT The Agreement shall consist of the ITB and its attachments, Contractor's Response to the ITB and such other parts and attachments as are specified in the Agreement. The Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their understanding as to the scope of work.No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in the Agreement.Acceptance of or acquiescence in a course of performance under the Agreement shall not be relevant to determine the meaning of the Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. In the event of a conflict between the contract documents, the order of precedence shall be the ITB, including its attachments, and then the Contractor's response. See Part VI for the Agreement document. 12.0 CONTRACT ADMINISTRATION Contract administration will be performed by the City Department on whose behalf the ITB was issued. In the event the Contractor fails to perform according to the terms of the agreement, the ITB 20-0167 HYDROVAC EXCAVATION SERVICES 17 of 69 Department head or his/her designee will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. The process to cure or resolve disputes found in Part IV,Paragraph 19 shall govern. 13.0 COOPERATIVE PURCHASING 13.1 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. 13.2 If the successful bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this ITB. 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. ITB 20-0167 HYDROVAC EXCAVATION SERVICES 18 of 69 PART-III SPECIFIC TERMS AND CONDITIONS 1.0 CHANGE IN COMPANY NAME OR OWNERSHIP The Contractor shall notify the City's Vendor Management Division,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. Vendor Management can be reached at the following email address:FTW VendorManap-ment@fortworthtexas.gov. 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 tax identification number, ITB number, invoice number, address, date, service or item description, unit price, extended cost, and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments, as they shall be 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 decreasbs in Contractor's cost during a renewal period but not before the effective date of a renewal and only upon written request from the Contractor. 3.2 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. 3.3 If the City does not accept the proposed rate increase,the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. 3A Prices bid or adjusted with a renewal, shall remain firm for each correlative teen of the Agreement. 3.5 Upon expiration of the Agreement term, the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid an agreement,not to exceed ninety(90) days. Contractor will be reimbursed for this service at the prior agreement rate(s). Contractor shall remain obligated to the ITB 20-0167 HYDROVAC EXCAVATION SERVICES 19 of 69 City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this 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 Bid Offer Sheet are estimates and do not indicate intent to purchase a certain amount or any amount. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 5.0 INSURANCE REQUIREMENTS Insurance requirements are found in Part V,Attachment G. A valid certificate of insurance shall be provided with the signed Agreement. Failure to provide such information within five (5) calendar days thereof may be grounds for termination of the Agreement. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. 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%. 6.0 COMPLAINTS Complaints processed through the City Purchasing Division are to be corrected within fourteen (14) days of formal notice of complaint. Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the cancellation of the applicable line item(s)in the price agreement. 7.0 SUBCONTRACTING Subcontracting of the work under this Agreement will be allowed provided Contractor notifies the Project Manager at least 24 hours in advance. If Contractor intends to engage a subcontractor(s)to perform any of its obligations herein, subcontractor(s) shall agree to be bound by the duties and obligations of Contractor under the Contract as such duties and obligations may apply. Contractor shall, upon request, provide City with a fully executed copy of any agreement making such subcontract. 8.0 DELIVERY 8.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses, freight, mileage, time, or similar items will be accepted or paid by the City. 8.2 There may be instances when the Contractor may be asked to accelerate delivery of an order or services due to extenuating or emergency circumstances. When this occurs, the Contractor will be expected to provide this service at no additional cost. ITB 20-0167 HYDROVAC EXCAVATION SERVICES 20 of 69 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 PeopleSoft Contract Number and the ordering department's Purchase Order Number. 8.5 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to the City. If the item (s) are not picked up within one(1)week after notification,the item shall become a donation to the City for disposition. 8.6 Material Safety Data Sheets(if applicable) 8.6.1 A Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to Revised Statutes Annotated (RSA)Chapter 277-A(277-A),shall accompany each delivery. Delivery of toxic or hazardous substance or mixtures containing such substance without MSDS sheets shall not be accepted. Delivered containers shall be properly labeled pursuant to RSA 277-A. 8.6.2 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277-A, shall place the Contractor in non-compliance and shall result in civil or criminal penalties. The Contractor furnishing substances or mixtures subject to RSA 277-A, is responsible for adhering to and being in compliance with this law. Failure to comply with RSA 277-A, shall result in the cancellation of an order. 9.0 WARRANTIES 9.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 9.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Contractor or any supplier at any tier. 9.1.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines "prompt" repair or replacement to be within twenty- four(24)hours after notification by authorized City personnel. 9.1.3 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City. 9.1.4 The Contractor shall remedy at the Contractor's expense any non-conforming or defective products or work. In addition, the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth,when that damage is the result of a defect of products furnished. ITB 20-0167 HYDROVAC EXCAVATION SERVICES 21 of 69 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. 9.1.6 The City of Fort Worth shall notify the Contractor,within a reasonable time after the discovery of any failure, defect,or damage. 9.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice,the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 9.1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 9.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract,the Contractor shall: 9.2.1 Obtain all warranties that would be obtained in normal commercial practice; 9.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 10.0 PRICE WARRANTY 10.1 The price to be paid by City shall be that contained in Contractor's proposals which Contractor warrants to be no higher than Contractor's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Contractor breaches this warranty, the prices of the items shall be reduced to the prices contained in Contractor's proposals, or in the alternative upon Contractor's option, Contractor shall have the right to cancel this contract without any liability to Contractor for breach or for Contractor's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Contractor may have in law or equity. 10.2 Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Contractor for the purpose of securing business. For breach or violation of this warranty, City shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee,or otherwise to recover the full amount thereof. 11.0 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 warrants that the goods furnished will conform to City's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Contractor, if any. In the event of a conflict between City's specifications, drawings,and descriptions, City's specifications shallgovern. 12.0 SAFETY WARRANTY ITB 20-0167 HYDROVAC EXCAVATION SERVICES 22 of 69 Contractor warrants that the product sold or services provided to City shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act(OSHA) of 1970, as amended. In the event the product or services do not conform to OSHA standards, City may return the product for correction or replacement at Contractor's 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 refund shall constitute breach and cause this contract to terminate immediately. 13.0 WA Y 13.1 If applicable to the services being provided, the CONTRACTOR warrants that all Deliverables,or any part thereof, furnished hereunder,including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 13.2 If applicable to the services being provided, CONTRACTOR shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s)hereunder. 13.3 If applicable to the services being provided, CONTRACTOR agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as CONTRACTOR bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, CONTRACTOR shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with CONTRACTOR in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, CONTRACTOR shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give CONTRACTOR timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's ITB 20-0167 HYDROVAC EXCAVATION SERVICES 23 of 69 assumption of payment of costs or expenses shall not eliminate CONTRACTOR's duty to indemnify the City under this Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, CONTRACTOR shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s)to make them/it non-infringing,provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to CONTRACTOR, terminate this Agreement, and refund all amounts paid to CONTRACTOR by the City, subsequent to which termination City may seek any and all remedies available to City under law. 14.0 SAFETY The Contractor shall be responsible for creating and maintaining its own safety plan meeting all federal, state, county or city laws, ordinances and regulations. 15.0 HAZARDOUS CONDITIONS The Contractor is required to notify the City immediately of Contractor's discovery of any hazardous conditions during performance of the services. City may suspend contractor's work for such reasonable time as is necessary to evaluate the possible hazardous conditions and to develop a plan for managing same. Contractor and City may negotiate a change order, if necessary, for Contractor to continue its work if the original conditions have materially changed due to the discovery of hazardous conditions. ITB 20-0167 HYDROVAC EXCAVATION SERVICES 24 of 69 PART-IV CITY OF FORT WORTH 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 or agencies. 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 UBLIC INFORMATION Any information submitted to the City of Fort Worth may be requested by a member of the public under the Texas Public Information Act. If the City receives a request for a Contractor's proprietary information, the Contractor listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Contractor believes that its information may not lawfully be released. If Contractor does not make arguments or the AG rejects the arguments Contractor makes, Contractor's information will be released without penalty to the City. 4.0 J!ROJJIBITIOa AGAINST P RSON TIN R -ST IN .ONTRACTS No officer or employee of City shall have a financial interest, direct or indirect, in any contract with City or be financially interested, directly or indirectly, in the sale to City of any land, materials, supplies or services, except on behalf of City as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 Q D I, 5.1 No employees of the City or its officers, agents, servants, contractors or subcontractors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the City. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the City's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Contractor without an approved contract number, purchase order number, or release number issued by the City may result in rejection of delivery, return of goods at the Contractor's cost and/or non- payment. 6.0 CONTRACTOR TO 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 ITB 20-0167 HYDROVAC EXCAVATION SERVICES 25 of 69 purchase change order number; (c) Container number and total number of containers, e.g.,box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Contractor shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 1SFERVATIONPROHIBITED 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®F LOSS If applicable to the scope of work,the title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 PLA E OF DF ,IV U If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 10.0 RIGHT OF INSPECTION If applicable to the scope of work, City shall have the right to inspect the goods upon delivery before accepting them. Contractor shall be responsible for all charges for the return to Contractor of any goods rejected as being nonconforming under the specifications. 11.0 SOFTWARE LICENSE TO CONTRACTOR If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Contractor, and is licensed and provided to the City for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Contractor; however City may make copies of the software expressly for backup purposes. 12.0 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 and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights ITB 20-0167 HYDROVAC EXCAVATION SERVICES 26 of 69 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. 13.0 NETWORK ACCESS The City owns and operates a computing environment and network(collectively the "Network"). If Contractor requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Contractor is required to utilize the Internet, Intranet, email, City database, or other network application, Contractor shall separately execute the City's Network Access Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. 14.0 LAWS,REGULATIONS,AND ORDINANCES The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 15.0 IMMIGRATION NATIONALITY ACT Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM 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 REQUIREMENTS Services, products, materials, and supplies provided by the Contractor must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Contractor agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Contractor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 17.0 RIGHT 10 AUDIT Contractor agrees that the City, or City's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to City, have access to and the right to examine and copy any directly pertinent books, computer disks, ITB 20-0167 HYDROVAC EXCAVATION SERVICES 27 of 69 digital files, documents, papers and records of the Contractor involving transactions relating to this contract, including any and all records maintained pursuant to Section 31 of this Agreement. Contractor agrees that the City shall have access, during normal working hours, to all necessary Contractor facilities, and shall be provided adequate and appropriate 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 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 19.0 TIME TO CURE/DISPUTE RESOLUTION 19.1 If either City or Contractor has a claim,dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first provide a reasonable time to cure and then attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to cure, resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to cure or resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect.If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure any deficiency. 19.3 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the appropriate Department Head who may take appropriate action to cure the performance problem(s). 19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of .Contractor's receipt of notice of same. 19.5 The Contractor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. ITB 20-0167 HYDROVAC EXCAVATION SERVICES 28 of 69 PART—V ATTACHMENTS A-J (Behind this cover sheet are Attachments A-J) ITB 20-0167 HYDROVAC EXCAVATION SERVICES 29 of 69 ATTACHMENT A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth)must disclose in the Questionnaire Form CIQ ("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential Agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at hLtp://www.ethics.state.tx.us/forms/CIO.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However,a signature is required in the#4 box in all cases. (form follows) FORM 1295—Under the Texas Government Code, Ch. 2252.908, a contractor doing business with the City of Fort Worth with an initial contract value which requires city council approval will, unless otherwise exempted,be required to submit a Form 1295. See Part II, Sec. 9.4. ITB 20-0167 HYDROVAC EXCAVATION SERVICES 30 of 69 FoRT WORTH ATTACHMENT A A* CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Log.,Regular.Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and tlis vendor meats requirements under Soction 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than tho 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1).Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. CSI Consolidated LLC dba AIMS Companies z ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.1103(a)(2)(A).Also describe any family relationship with the local government officer. Complete subparts Aand B for each employment or business relationship described.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable Income, other than investment income,from the vendor? Yes ED No B. is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the focal governmental entity? Yes E-1 No 6 Describe each employment or business relationship thatthe vendor named in Section l maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Sigr%dMie of en or oing business with the governmental entity u Date Form provided by Texas Ethics Commission iTB 20-0167 HYDROVAC EXCAVATION SERVICES Revised 1 V30i2015 31 of 69 www.ethics.state,tx,us ATMS Companies • w• •D• I GEORGIA ILLINOIS • a 1938 Josh ' • Ft Worth, • • ■ FART WORTH ATTACHMENT A A4 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10l 1 Complete Nos,i-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos_1,2,3,S,and 6 if there are no interested parties, CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 202 0-6 55 159 CSI Consolidated LLC dba Rims Companies Pearland,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form Is 0811012020 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. CFWOI-20-0167 Hydro excavation services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary CSI Consolidated,LLC Phoenix,AZ United States X t i i 5 Cheat only it there is No Interested Party, 5 VNSWORN DECLARATION y �� �a `d2T-1S ?t2. M name is ? � t� /. and my of birth is My address is V V� �� 1`/s0�e�pC z�n (otraoq (aty) (state) (zip code) (country) 1 declare under penalty of periury that the foregoing is true and correct. Executed in_ /` Gr 6K. ___�__._Courtly, Stale of&jrv''g on the,eday of 2o-eP (year) Signature authorize agent of contracting business enttty (Della-an:) Forms provided by Texas Ethics Commission wmv,ethics.state.mus Version V3.1.3a6aaf7d I AIMS r Companieg ARIZONA ALABAMA I CALIFORNIA • • • GEORGIA ILLINOIS OKLAHOMA OREGON TEXAS I UTAH I WASHINGTON 1938 Josh ' • Ft Worth, • • • FORT WORTH ATTACHMENT B A# 7 ATTACHMENT-B CONTRACTOR'S CONTACT I.NFORIVLATION Contractor's Name: CSI Consolidated LLC dba AIMS Companies Bidder's Local Address: 1938 Josh Rd Fri,Worth,TX 76177 Phone:_81 7=6 'f?46 Fax- Email: dderkowski(Raimscomoanies.com Name of person assigned specifically for this Agreement: Name/Title Dar Dar fnesS DevalQ=gnt Phone: 979-20$-Q90 Fax: Email: dderkowski 0aic sscalpaniee:.c om Name of persons for renewal information and/or billing questions: Namefritie Shana Gomez, R.ec Tonal Administrative Manager Phone: I$1-486-8 B Fax: Email: sgomaz@aimacompanies.com Name/Title Daisy Rubaicaba,Adn inistrative Assistant Phone: 817-6D0-462$ Fax: Email: d{lAl,:$it7lSl7bFit[ nJes..Ct)1'i't Darcy Derkowski 811012020 Signatu Printed Name Date ITS 20-0167 HYDROVAC EXCAVATION SERVICES 33 of 69 AIMS Compzinies CALIFORNIA ■ LOUISIANA 1938 Josh Rd, Ft Worth, • • FoRT OA* ATTACHMENT—C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Chapter 2, Article 1, 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 infonnation. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes,identify address: Yes, 1938 Josh Road, Fort Worth, TX 76177 b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth"shall mean payable at the Fort Worth office. [must exceed 5o%] 3% 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? 23 b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company(for prior tax year—Fort Worth office or former location,if Fort Worth office is newly-established)? N/A 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. AIMS Companies 08/13/20 (Company Name) (Date) ou'41 -1014 Darcy Derkowski, Business Development (Signature) (Printed Name and Title) ITB 20-0167 HYDROVAC EXCAVATION SERVICES 34 of 69 AIMS Companies . ■A NEW MEXICO I MISSOU.RI I OKLAHOMA I OREGON I TEXAS I uTAH I WASHINGTON • 1938 Josh Rd, Ft Worth, 76177 • •. • FORT WORTH ATTACHMENT 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 ITB.The City will be the sole judge of references.Please use additional sheets. 1. Company's Name City of Keene Texas Name of Contact Don Martin Title of Contact Public Works Director Present Address 1000 N Old Betsy Road City, State,Zip Code Cleburne, TX 76031 Telephone Number ( 817)641-3336 Fax Number( 817)822-2060 Email dmartin@keenetx.com 2. Company's Name PLW Waterworks Name of Contact Luis Cruz Title of Contact Superintendent Present Address 5149 Acton Hwy #101 City, State,Zip Code Granbury, TX 76049 Telephone Number ( 346)372-0363 - Fax Number( ) Email LCruz@plwUS.com 3. Company's Name Future Telecom, LLC. Name of Contact Richard Koch Title of Contact Small Cell Project Manager Present Address 1800 Bruton Rd. City,State,Zip Code _Balch Springs TX 75180 Telephone Number ( 972)213-5570 Fax Number( 972) 329-6401 Email Richard.Koch@futuretelco.com ITB 20-0167 HYDROVAC EXCAVATION SERVICES 35 of 69 AIMS Companies NEVADA ■ I MIS50URIOKLAHOMA I OREGON I TEXAS I UTAH I WASHINGTON 1938 Josh Rd, Ff Worth, • r • • FORT WORTH ATTACHMENT D A - ATTACHMENT-D CONTINUED REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references for at least three(3)recent customers to whom products and/or services have been provided that are similar to those required by this ITB.The City will be the sole judge of references. Please use additional sheets. 4. Company's Name Instituform Technologies, Inc. Name of Contact Kenny Pippitone - Title of Contact Sr. Estimator Present Address 13502 Almeda School Road City,State,Zip Code Houston, TX 77047 Telephone Number ( 713 )845-3009 Fax Number( ) Email kpipitone@aegion.com 5. Company's Name Horseshoe Construction Inc Name of Contact Chad Wall Title of Contact Sr Estimator Present Address 2309 S Battleground Rd City, State,Zip Code LaPorte, TX 77571 Telephone Number ( 281 )478-5477 Fax Number( ) Email chad@horseshoe-inc.com 6. Company's Name JNS Engineers, LLC Name of Contact Jon Strange Title of Contact President Present Address 722 Pin Oak Rd, Suite 202A City, State,Zip Code Katy, Texas 77494 Telephone Number ( 281 )391-3366 Fax Number( 281)391-3375 Email jstrange@jnselle.com AIMS ARIZ■ ■•CompaniesO I GEORGIA ILLINOIS I KANSAS I L00SIANA NEVADA I NEWMEXiCO I MISSOURIOKLAHOMA I OREGON ■ 1938 Josh ' • Ft Worth, . • • ATTACHMENT C CONTRACTOR'S RESPONSE TO CALL FOR BIDS/PROPOSALS (Inserted behind this page) ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement FoRTWoRTH BID OFFER SHEET A,0 Fort WORT_�. '�Y CITY OF FORT WORTH RI® OFFER Event ID Page Invited: BIDDERS CFW01-20-0167 2 Event Round Version 1 1 Event Name ITE tH drovac Excavation Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 07/22/2020 09:00:00 CDT 08/13/2020 13:30.00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned,by his/her signature,represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: CSI Consolidated LLC dba AIMS Companies Company Address:3808 Knapp Rd City,State,zip: Pearland,TX 77581 Vendor Registration No.0000003303 Printed Name of Officer or Authorized Representative: Kent Ford Title: Vice President Signature of Officer or Authorized Representative: Date: 08/13/2020 Email Address: kford@aimscompanies.com Phone Number: 281-414-5409 Federal Identification Number(FID)# 46-5666824 ITB 20-0167 HYDROVAC EXCAVATION SERVICES 4of69 AIMS Companies CALIFORNIA ■ ■•• tr■ I GEORGIA ■ LOUISIANA NEVAD. I NEW MEXICO I MISSOURIOKLAHOMA I OREGON I TEXAS I UTAH I WASHINGTON 1938 Josh • • Ft Worth. • •. • FORT WORTH A4 BID OFFER SHEET FORT WoRTu. CITY OF FORT WORTH RI® OFFER Event ID Page Invited: BIDDERS CPW01-20-0167 2 Event Round Version 1 1 Event Name ITB Hy drovac Excavation services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 07/22/2020 09:00:00 CDT 08/13/2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned,by his/her signature,represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: CSI Consolidated LLC dba AIMS Companies Company Address:3808 Knapp Rd City,State,zip: Pearland,TX 77581 Vendor Registration No.0000003303 Printed Name of Officer or Authorized Representative: Kent Ford Title: Vice President ti Signature of Officer or Authorized Representative:. nP+tZ-��2r Date: 08/13/2020 Email Address: kford@aimscompanies.com Phone Number:281-414-5409 Federal Identification Number(FID)# 46-5666824 ITS 20-0167 HYDROVAC EXCAVATION SERVICES 2 of 69 AIMS Compinies NEVADA I NEW MEXICO I MISSOURI OKLAHOMA OREGON TEXAS I UTAH I WASHINGTON 1938 Josh ` • Ft Worth, • • • FoRT WORTH PRICING 4 Line Bid Item ■- Requested -.Number-Required Quantity 1 Yes Normal Mobilization, per 90 Each $250.00 specifications 2 Yes Hydro-Vac Excavation Truck & 375 Hours $215.00 Crew 3 Yes Backfill Material 175 Cubic Yard $20.00 Pricing includes native soil only 4 Yes Backfill Crew Labor & Equipment 100 Hours $130.00 5 Yes Concrete Material 90 Cubic Yard N/A Non provided service 6 Yes Concrete Removal/ Repair Crew 90 Hours N/A Non provided Labor& Equipment service 7 Yes Orange Safety Fence Including 1575 Linear Foot $6.50 T-Post 8 Yes Dump Fee/Waste Disposal per 89 Cubic Yard $25.00 cubic yard 9 Yes Core Drill 89 Hours $205.00 10 Yes Emergency Mobilization, per 8 Each $250.00 specifications 11 Yes Large Jet Vac Truck Utilization, per 150 Hours $215.00 Truck/Hour 12 Yes Vacuum Tanker Truck Utilization, 60 Hours N/A Non provided per Truck/Hour service _ 13 Yes Additional Field Personnel Support, 100 Hours $25.00 per Person/Hour 14 Yes Temporary Installation of Sewer 1 Each $1,000.00 To be provided in Plus, 6" - 15" Diameter, per plug conjunction with jet vac services as necessary 15 Yes Temporary Installation of Sewer 1 Each $1,750.00 To be provided in Plugs, 16" - 36" Diameter per plug conjunction with jet vac services as necessary 16 Yes Temporary Installation of Sewer 1 Each $2,500.00 To be provided in Plugs, 39" - 60" Diameter per plug conjunction with jet vac services as necessary AWS • C Companies• I GEORGIA NEVAD. I NEWMEXICO I MISSOURI I OKLAHOMA I OREGON 1932 Jwh Rd, Ft Worth, • • FORT WORTH . COMPANY • i T'F ` J �y INTRODUCTION AIMS is committed to meeting the utility and infrastructure industry's need for skilled Company Background: personnel CSI Consolidated LLC dba AIMS Companies (AIMS) is an established and growing municipal and industrial Due to industry growth and the nature of"on-call" services company with a network of offices and contracts, a superintendent typically might have to equipment fleets throughout the Country. work with a brand new crew weekly. This is not the case with AIMS. We have dedicated our resources to YEARS IN BUSINESS developing multiple experienced crews with highly AIMS has operated continuously for the past 20 years, trained technicians and operators to provide our and opened 16 locations across the US. clients with knowledgeable service and consistent quality and safety on every project. COMPANY BACKGROUND Formed in 1999, AIMS has shown industry leadership in both approach and technology throughout the past F ' two decades, serving municipal, utility/power sector, Decisions: AIMS has earned our solid financial and industrial clients across the United States. oos+tion through years of excellent service. Focus on the Municipal and Utility Sectors: With over$50 million in bonding capacity and $SO Hydro Excavation services are vital to the general pital backing, AIMS is the smart choice. public. While demand grows for hydro excavation, the - - - pool of available industrial service companies who are safe, secure, stable, and qualified to perform this work continues to dwindle. AIMS Companies OKLAHOMA I OPFGON I TEXAS I UTAH I WASHINGTONS 1938 Josh '• Ft Worth, • • • FORT WORTHA4 COMPANY INFORMATION it i SPECIALTIES AIMS offers the program experience and resources AIMS has been serving municipal and utility sector to provide immediate and solid performance clients for the past two decades with a variety of throughout the life of an contract. We provide safe, services: flawless services to some of the nation's largest utility companies and municipalities throughout the country. • Hydro and Air Vacuum Excavation • Pipeline Video Inspection Major clients: • Cross Bore Inspections We are industry leaders with the capacity to handle Laser Profiling major projects. AIMS has served a diverse market of municipalities and power producers across the US for Sonar Profiling the past 20 years. • Pipe Cleaning 5 LARGEST ACCOUNTS • Sewer and Storm Line Cleaning 1. Public Service of New Mexico (PNM) $32.52 million • Lift Station Cleaning • Manhole Cleaning 2. Pacific Gas and Electric $24.84 million • Inlet Cleaning 3. city of Houston $17.20 million • Coating and Lining Systems 4. Northwest Natural Gas $9.75 million • Vacuum Services 5.Texas Department of Transportation $9.09 million • Hydro Blasting (TXDOT) • Protective Coatings AIMS Companies NEVADA I N6W MEXICO i MISSOURIOKLAHOMA I OREGO 9 1938 Josh ' • Ft Worth, • • FART WORTH COMPANY • • Office Locations: Contact Information: AIMS has developed a network of regional offices to Please feel free to contact Darcy Derkowski for more serve our various clients across the US. We will manage information: work from our full-service office in Dallas-Fort Worth. Additionally, we maintain extensive personnel and Darcy Derkowski equipment resources throughout our other locations. They are available to supplement projects needed. Business Development AIMS Companies LOCAL OFFICE 3808 Knapp Rd Dallas-Fort Worth, Texas Pearland, TX 76177 Kevin Wheeler Operations Manager Cell: 979-203-0968 1038 Josh Road Office: 281-485-8816 Fort Worth, TX 76177 dderkowski@aimscompanies.com 817-771-9185 CORPORATE OFFICE ROCKY MOUNTAIN Montgomery, Alabama Scottsdale, Arizona REGION 1501 Parallel Street 9304 East Verde Grove View, Colorado Springs, Colorado Montgomery, AL 36104 Suite 100 1305 East Cheyenne Road 334-540-4320 Scottsdale, AZ 85255 Colorado Springs, CO 80905 602-377-1627 602-826-3484 Phenix City,Alabama 311 State Docks Road MIDWEST REGION Farmington, New Mexico Phenix City, AL 36869 St. Louis, Missouri PNM-SJGS 334-855-4775 2909 E Broadway PO Box 227 CR 6800 Alton, IL 62002 Waterflow, NM 87421 SOUTHWEST REGION 602-826-3484 Phoenix,Arizona 618-792-1564 1616 South 31st Avenue SOUTH REGION Phoenix, AZ 85009 PACIFIC NORTHWEST REGION Houston, Texas 602-237-0292 Portland, Oregon 3808 Knapp Road 6110 NE Croeni Ave, Suite 150 Pearland, TX 77581 Las Vegas, Nevada Hillsboro, OR 97124 281-485-8816 5385 Cameron Street 503-747-6410 Las Vegas, NV 89118 San Antonio, Texas 702-306-0384 PLAINS REGION 14140 Stuart Rd San Antonio, TX 78223 WEST REGION Oklahoma City, Oklahoma Sacramento, California 2616 S Ann Arbor Ave SOUTHEAST REGION 4181 Power Inn Road Oklahoma City, OK 73128 Sacramento, CA 95826 281-485-8816 Fayetteville, Georgia 116 Bethea Road, Suite 404 916-272-2366 Fayetteville, GA 30214 Tulsa, Oklahoma 770-715-8681 Oakland, California 5416 S 108th E Ave, Tulsa, OK 74146 1616 Doolittle Road San Leandro, CA 94577 817-771-9185 510-922-8627 AIMS Companies CAUFORNIA I COLORADO I GEORGIA • LOUISIANA OKLAHOMA i OREGON I TEXAS I LJTAH I WASHINGTON • 1958 Josh - • Ft Worth, . • - FORT WOE TH PROJECT RECORD OF LASTING CLIENT RELATIONSHIPS AIMS excels at delivering thorough and accurate hydro excavation services for industrial and municipal clients including programmed work and emergency response. AIMS has built a considerable portfolio of recent similar work for all sizes of public clients throughout the west coast. We have enjoyed long, productive working histories with many of the Nation's utility sector leaders. Below we have highlighted just a few of these long lasting clients who we continue to serve to this day, delivering meaningful value. We credit the success of these relationships to our • VERDE GENERATING STATION technical understanding .. .. 20-year working history to the challenges Since 1999, AIMS has provided -as well as to always be putting the client first PafoVerde" hydro excavation services 0E14ERAHN6 STA-Hon throughout this nuclear facility. AIMS was also involved in Fukushima-related projects with concrete hydro • LT RIVER PROJECT demolition. 20-year working history TUSCON ELECTRIC POWER r , �. Since 1999, AIMS has provided "+•- -a turn-around and outage, 20-year working history APARLU"""""" emergency and capital project Since 1999, AIMS has provided support services to the outage, emergency, and capital Springerville Generating Station and the Gerald Sundt TEP project support services to the Station. Services include hydro blasting, industrial Agua Fria, Coolidge, Coronado, vacuuming, protective coatings, and hydro excavation. Desert Basin, Gila River, Hayden, Kyrene, Mesquite, Navajo, Santan, and Springerville Power Stations. ARIZONA ELECTRIC POWER COOPERATIVEServices provided include hydro blasting, industrial 20-year working history vacuuming, protective coatings, and hydro excavation. Arizona Since 1999, AIMS has provided • -GIRT(�',��` turn-around and outage, Cooperatives support services for AEPCO at 14-year working history the Wilcox Plant. These have Since 2006, AIMS has provided included: hydro blasting, industrial vacuuming and cleaning and CCTV inspection protective coatings. Frequency is two major outages services for storm sewer lift per year and emergency on-call related services. stations and infrastructure on multi-year contracts totaling over$3million ARIZONA PUBLIC SERVICES ELECTRIC CO. 20-year working history CITY OF HOUSTON, Since 1999, AIMS has provided PSturn-around and outage, 14-year working history emergency and capital project Since 2005, AIMS has support to the Palo Verde provided cleaning and Nuclear Power Plant and Four Corners, Cholla, and inspection services for the Navajo Coal Plants. Additionally, we have provided City of Houston throughout services to the Red Hawk and West Phoenix Natural its regional territory. This has included cleaning and Gas Plants. These have included hydro blasting, inspection services for both sanitary and storm industrial vacuuming, protective coatings, and hydro infrastructure, as well as emergency call-outs. excavation. AIMS Companies -IRIZ• •- ■ ■-••• I GEORGIAaLOUISIANA 1938 Josh Rd, Ft Worth, 76177 • • • + FoRT WORTH1 PROJECT REFF..�ENCES - TechnologiesFX - Centerpoint Pole Hole Project 1 / AIMS Landshark Hydro Excavation Division has been hydro, excavating pole holes for Centerpoint Energy pole replacement program sinc- 2016. Technologies, LLC CHALLENGES OVERCOME KEY FEATURES AIMS Most work is scheduled with shot# fashion Municipal Environment requiring a 24�7 dispatch team. Project work is in various types of soils including hard clay. Traffic Elee#rica! distrihsia#ion control can vary to simple set ups to full lane Pole Hales from �4" round to closures. 6' in diarne#er • Grea#er Hous#on Area • Traffic Control • Prajec# Priori#izatinn provided: �7n-Call Errtergency Services Hydro Excavation Hydro• Excavation • -• - Holes • D-• Removal • Traffic Control Project Role: Prime Contractor Contract Value: ••• ••• Dates of Services: • • to Present Client Co John Rousell TechnologiesMP Cypress14140 Cypress North Houston Rd TX 77429 713-816-8651 ;41M1S Comp�ni�s ARftaNA I ALASAAIA I CAI_1FLiRNIA I CDLDRAaD J GEDRGIR I ILLIIVQIS 14(ANSAS I LDVISfANA Nr=UADA I NEW M�?SICO I �`1255QL1RI I a�LAHQMA I pREGdN I TEXAS � UTAH I WA5HINGTQN �z 1938 Josh Rd, gt WortFr, 'fX 76177 15�7-771-91$5 � aims�ompanies.com FORTWaRTH A# PROJECT NORTHWEST NATURAL GAS COMPANY Potholing & Vacuum Excavation Services (2018 - Current) Portland, OR AIMS provides on-call hydro and air excavation services for N W Natural daylighting utilities, holes, and trenches. Work typically consists of two units per day. FEATURESKEY PROJECT • • RESULTS Industrial emergentAIMS successfully maintains all necessary Emergent Services personnel and equipment to meet all the client's On-call Services •s with a 2-hour response emergentOur • • ■ Excavation while also providing ongoing services for capital Hydro and Air Excavation AIMS provided: • 2 Hydrovac Units • Specialized Management Staff Services: • Potholing • Vacuum Excavation • Hydro Excavation • Air Excavation • Emergent Services • On-Call Services Project Role: Prime Contractor Contract Value: $1,500,000 Dates of Services: 2018 to Present All work completed on or ahead of schedule! Client Contract: Chris Flu Field Foreman 220 Northwest 2nd Avenue Portland, OR 97209 503-226-4211 ctf@nwnatural.com AIMS Companies ARIZONA ALABAMA t CALIPORNIA . •- ■ NEVADA NEWMEXICO I MISSOURI I OKLAHOMA [ OREGON I TEXAS I UTAH I WASHINGTON 1938 Josh • . i ' i ' 1 A* PR®JECT REFERENCES PipelineMarathon Pasadena,Test Trench for Marathon Pipeline AIMS Landshark Hydro Excavation Division was contracted to perform - o discover utility conflicts within a critical MARATHON path of new 10 ' KEY FEATURES AIMS CHALLENGES OVERCOME We had very little area for maneuvering the hydro Re#finery trucks, this was a very tight and confined area ' Tank Farm with a tremendous amount of over head live lines. Confined Space We brought in a Supervisor, extra sputter and had Southwestern VS Project a safety supervisor on site for the duration of the L.aCatian project Critical Expedited Schedule • Emergent Vacuum Support • On-Site Safety Specialist provided: Hydro Excavation Trucks Supervisor• - Safety .- Hydro• Excavation • :Trenching Debris • Waste '- • Project Role: Contractor ContractValue:••• Dates of Services: • • •: • DerrickClient Contact: • Pipeline 4 Preston '• Pasadena, • •• AIMS ComR�nii`s ARIZQfIA I ALABAMA I CALIFQRNIA I CC7LQRADQ I GEpRGiA I 1LLINC7IS � iCANSAS I LQUISiANA NEVA(7A I NEW ME7CICQ I MISSQUR! I 4KLAHQMA J ❑a�EGQN I TEXAS I UTAH I WASHINGTQN �,4, i9S J�ssh Rcf, Ft Worth, TX 76177 � 817-771-9185 � aimscompanies.com FORTWORTHA# A 1 ' S SUMMIT INDUSTRIAL CONSTRUCTION Enter PROJECT REFERENCES • • Piping for Tank • • Houst-on, T X AIMS LandsharkHydro Excavation Division e . provide - conduit, . cans and . .- a a tank farm. KEY FEATURES • Tank Faun AIMS CHALLENGES OVERCOME Oil & Gas After observance of site conditions, our team Southwestern U5 Project presented an improved method to accomplish the Location scope of work. We also had to remove concrete Critical Expedited Schedule that was present 15' down. Emergent Vacuum Support provided: Hydro Excavation Trucks Hydro• Excavation • Debris & Waste Remova Role:Project Prime Contractor Contract Value: 400,0•• Dates of Services: • 0 8 Client Contact: Chris • • IndustrialSummit • •• Travis Street Houston, •• 44 • •• AIMS Companies ARI�ptJA I ALABAI�A } GALiFQf2r+llA I COI_C7RA[7O I Gl�DRG1A I iLLIIVQIS I KA7V5A5 I t-OUf51Ah1A NEVADA I PIEW MExICQ I MtSSQURI I OF[LAH4�4.n I C7R1 GQ�t I11111ExAS I111. TAHANNI WA5H11+lGTOM1I � T938 Josh Rd, Ft Worth, TX 75177 817-771-918� a�imseompni�s.cam ,t TWORTH '1%i� A* PROJECT REFERENCES SOLUTIONSTRIKE PIPELINE & FACILITIES P66 Expansion AIMS Landshark Hydro Excavation Division was contracted to hydro excavate for pipeline discovery, critical path for pipeline substation I�EY FEATURES AIMS CHALLENGES OVERCOME Refinery ■ Multiple Trucks & Crews Hauling material was challenging based on site Critical Expedited 5ehedufe conditions being muddy and wet. The work ...• Debris 8� Waste Removal spaces were very tight; additional matting was added and extra spotters used to be able to fit the equipment. provided: Hydro Excavation Trucks Hydro• Excavation Pipeline•• -. Project Role: Prime Contractor Contract Value: $1,300,000 Dates of Services: • 10/15 StevensClient Contact: Jim . Strike 189 Old 4 '• Old Ocean, 4:• AIMS Companies AF2I�ONA J ALABAh1A I L"ALIFgRMIA I LOLORAF7❑ J GEQRGIA � ILLIFVQIS f KAN5A5 I LQVf5f.4NA NEVADA I NEVI MEXILb I M1'11SSQURI I QKLAHQMA I gREGC]N I TE7{A5 I U�AH I WA5HIPlGTQN 16 1938 Josh Rd, Ft Worth, TX 76�77 � $i�-771-9T8S J aimscompanies.com o , WORTHTEAM FISHEL - PROJECT REFERENCES P a i ; AIMS Companies .-. the contract by Team Fishel to providehydro excavation . - services for Valley Metro. CHALLENGES OVERCOME AIMS Despite having no fore cast plan AIMS provides KEY FEATURES last minute call-out hydro excavation services throughout Phoenix metro area. Confined Wark Space • Multiple Trucks 8 Crews • Critical Expedited Schedule • ❑ebris & Waste Rerr�ava! provided: • Just-ln Time Services Hydro Excavation Truck and Crew Hydro• Excavation • . - Excavation • -• Removal • Confined Work Space Project Role:Contractor Contract Value: Dates of Services: •• • Present Client Contact: Team Fishel Amber Smith 60 •• adsmith0l@teamfishel.com AIMS Companies ARIZONA I ALABAMA J GALIf=flRN1A J COLCJRApC7 I GEQRGfA { ILLINOIS J F{AhISAS I L�UISIAIVA idEVA>]A NEW h1E7C1Co I i+1i55C7L1Ri j QKLAHOMA I OREGON I TEXAS j UTAIi I WASHINGTgfd '�� 1938 Josh Rd, Ft Worth, TX 7t-s177 � 817-771-9185 � aimscompanies-.com FoRT WORTH PROJECT REFERENCES BECHTEL CONSTRUCTION AT&T Mobility Project Phoenix Metro, AZ AIMS Companies has been contracted by Bechtel Construction to provide hydro excavation, trenching and boxes for AT&T's small cell-tower projects. CHALLENGES OVERCOME KEY FEATURES Training criteria was strenuous • required specific operators to be scheduled for this work. - Job Specific Training - Same Staff . Project Debris & Waste Removal Project Prioritization AIMS provided: • 1-2 Hydro Excavation Trucks & Crews Services: • Hydro Excavation • Trenching • Debris & Waste Removal • Backfill Project Role: Sub Contractor Contract Value: $250,000 Dates of Services: 11/2018 - Present Client Contact: Betchel Construction Bridger Hubbard 5323 N 99th Ave Glendale, AZ 85305 602-376-6278 bhubbard@betchel.com AIMS Companies CALIFORNIA . • . .- • I MISSO OREGON • 1938 Josh '• Ft Worth, • • • FORT WORTH PROJECT REFERENCES CITY OF DALLAS Wet Well, Pump Stations & Stormwater Drain Pipes Inspection & Cleaning Services Daiias, TX AIMS currently holds a multi-year contract with the City of Dallas for their Pipeline Inspection & Cleaning Services project. The City of Dallas selected AIMS to perform sanitary sewer, storm sewer, and wet well cleaning throughout the Trinity Watershed. FEATURES The project consisted of cleaning and inspecting 90,000 LF of pipe sized up to 36 in diameter as well as the cleaning of many Sewer/Wastewater CCTV wet wells. Sewer/Wastewater Cleaning GIS Data Management PROJECT . . cleanedAIMS a total of 25,025 Linear Feat in Work In Tight Areas Disposalthe year of 2019 with 100% accepted NASSCO Control Existing Wastewater Flow delliverables to date. Traffic Control Waste Removal & Services: • Small Diameter Pipelines • Storm/Sewer Line Cleaning Project Role: • CCTV Inspection Prime Contractor • Manhole Inspection Contract Value: • Street Wet Well Cleaning $6,781,00 (No change orders) All work performed on budget! • Levee Wet Well Cleaning Dates of Services: • Root Cutting 06/2018 to Present • GPS Mapping Client Contract: • Public Notification Sheila Smallwood Deliverables: City of Dallas • Project Specific Reports: 8915 Adlora Lane Dallas, TX 75238 PACP, LACP, MACP Reports: 214-670-3396 - Written shelia.smallwood@dallascityhalI.com - Video - . CALIFORNIA ■ ■ I GEORGIA FORT WORTHAw COMPANY , . 1111W7 CES Ability to Meet Contract Equipment Resources: Capacity: AIMS maintains over 173 operational pieces of AIMS has the financial, personnel, and equipment equipment in our corporate fleet. Regionally, our Fort resources to address any work required for this Worth branch has 20 hydro excavators, 25 jet vac contract, including: trucks, and additional backfill/support equipment. • Hydrovac Services Our fleet is comprised of several options to fit specific • Storm Drain Cleaning project needs. Our fleet options include, Mud Dogs, • CCTV inspection per NASSCO PACP Paradigm, Gap Vax, & Vacall trucks. and MACP • Pipeline condition observation and Large & Small Equipment Options For coding Cost Savings • Permit coordination • Traffic control Mud Dog Hydro Excavator - Water Only • Storm drain debris removal and disposal Specifications: • Temporary storm drain diversion Blower: Positive Displacement S,800 cfm/28" AIMS leverages our resources across six states in order Tank: 12 or 16 cubic yards to manage the work requirements of our customer Water: 1,500 gallon on-board capacity base without leaving equipment sitting idle and Boom: 8" hose with up to 27' reach draining cash resources. This allows us to extend those Safety: E-stops, gas busters, tie off points, back up cost savings to our clients, camera Financial Resources Vactor HXX Paradigm - Air and Water With $50 million in capital backing, AIMS can expand Excavation and manage its work flow with ease. In addition to the Specifications: capitol backing, AIMS has over $50 million dollars of Blower: Hydro Static, 2,200 cfm/15" bonding capacity. Tank: 3 cubic yards Personnel Resources Water: 300 gallon on-board capacity With over 500 employees, AIMS has a supervisor and Air: 300 CFM Compressor project manager-training program for expansion in Boom: 6" hose with up to 5' reach addition to mentor competency and cross training Safety: E-stops, gas busters, tie off points, back up programs. camera AIMS companies NEVADA • 1938 Josh Rd, Ft Worth, • •. ■ FoRT FORTH A4 COMPANY RESOURCES Team Member Qualifications for these AVAILABILITY: Services: Our key personnel will be supplemented by additional Personnel competency is vital for the health and support staff as needed to meet project demands. We safety of all stakeholders. All AIMS employees have the have the ability to ramp the size of our support team proper training and clearances to provide a high level up or down as needed to accommodate emergency of industrial services. events or periods of high volume. AIMS will ensure adequate resources are dedicated to support the goals • All field employees have the following base of any project for its entire duration. If necessary, AIMS trainings: NASSCO certification, OSHA 10, will provide additional equipment and crew from our Confined Space, Spotting, MSHA where other 16 branches throughout the US to support the applicable, OSHA 30 for Supervisors project. and applicable field teams, First Aid/CPR. • All AIMS personnel have an extensive background check prior to hiring in order for all employees to gain necessary security clearances. • Additional certifications where applicable: TWIC, OQ, Veriforce. • Employees have rigorous cross training between operating the vacuum equipment and hydro blasting equipment. CALIFORNIA4M AIM'S Companies .- ■ NEVADA NEW ■ I MISSOUW • OREGON josh R• Ft Worth, 76177 • • • r WORTH -- COMPANY RESOURCES 0 WORK FLOW MANAGEMENT: AIMS will use a simple workflow cycle plan to effectively execute the required safety inspections. This cycle can be executed as a weekly, monthly or longer workflow plan, depending on the projects needs. Please see a graphic representation of our workflow cycle plan below. ALI SQW �n�aio]ng and Create Budget Assignments Reports Based ❑n Criteria Client Approval/ aeli�erables Progress AIMS Workflow Cycle Meeting Daily Job QA/CSC Safety Analysis Per'�arm Daily Progress Work �Jpdates lUMS Companies ARSZON.+� I ALASAhfA I CALlFDRiJIA I CQLpRADd I GEQRGiA ] ILLlFVl715 I IfAfW5A5 ] LOL1151ANA l�fEVAI]A I NEW MEXICQ I i"11550UR� I difLAHQMA ] QREGOiV I T�XA5 I UTAH I WA5H�M11GTdN ZZ 1938 Josh Rd, Ft Worth, TX 76177 � 817-77T-9185 ] aimscomppnie5.com FORT WORTH PEOPLEA4, PERSONNEL RESOURCES THE RIGHT FOR YOUR PROJECT AIMS offers a high performing to service the City of Fort • Hydrovac Excavationprogram. All personnel have successful records of ■ ■ government and sectorutility bring valuable familiarity with inspections, ! • interactionprotocols, and expedited schedules. PERSONNEL RESOURCES Team member qualifications: With over 500 employees, AIMS has a supervisor Personnel competency is vital to the health and safety and project manger-training program for expansion of all stakeholders involved in this work. All AIMS in addition to mentor competency and cross training employees have the proper training and clearances programs. AIMS employs over 23 professionals who to e provide the City with the high level of industrial s live and work in DFW Metroplex. services this contract demands: A team who shares best practices: All field employees have achieved base level or higher trainings or certifications in the following: Throughout the years, we have encountered a wide - OSHA 10-Hour Training variety of scenarios while performing municipal and industrial services. We have recorded our observations - OSHA 30-Hour Training (for supervisors and from these experiences and analyzed them in our applicable field teams) corporate safety manual as well as our best practice - OSHA - Confined Space Entry Training manual to ensure our team is prepared for anything. - Spotting Our employees utilize this invaluable experience - MSHA (where applicable) everyday, applying the benefits of two decades of - Competent Person Training lessons-learned to their current project assignments to increase efficiencies and best serve our clients. Sharing - First Aid/CPR lessons learned across our company helps our team - TWIC, OQ, Veriforce as needed members stay abreast of the safest, most effective - NASSCO Certification techniques. • All AIMS personnel undergo an extensive background check prior to hiring. All employees qualify for necessary security clearances. • Our employees complete rigorous cross training between operating both vacuum and video inspection equipment. CompaniesAIMS 1938 Josh Rd, Ft Worth, • • • FART WORTH PERSONNEL RESUMES Equipment operators and certifications: KEY PERSONNEL RESUMES AIMS maintains a strong team of qualified operators: • Our operators bring many years of experience Please see a summary of our team's expertise utilizing all aspects of the tools needed to successfully and qualifications to perform these services complete this type of work. below and on the following pages. • All operators are cross-trained in both hydrovac and pipe cleaning services. On both true hydro excavation units and combination units. KENT FORD, PRESIDENT • For purposes of a solid infrastructure knowledge PiojeCL Executive base, all operators are PACP certified. • AIMS employs our own in-house PACP certified A senior member of our executive team, Kent directly trainer, which allows us to stay current on the latest oversees all business operations for all services required certifications and information. provided by AIMS throughout Texas, Louisiana, Arkansas and Oklahoma. He brings over 14 years of PROPOSED KEY PERSONNEL experience in the industrial and municipal services industry, focusing on the CCTV and cleaning industry Our team of local experts is lead by AIMS Chief since 2004. Kent is well-versed in all aspects of Operating Officer (COO), Steve Hudson (Project pipeline cleaning and inspection and has managed Executive) and Craig Releford (Project Manager/ On- projects ranging from $17 million up to $80 million. Site Operations Manager). He has proven to be a leader in complex sewer lateral Our proposed key personnel who will serve this and cross bore inspection services. This work includes contract are well-versed in hydro excavation and pipes sized up to 22 feet in diameter, with 15 feet of debris, and located as deep as 165 feet underground. pipeline cleaning services: He has provided sewer inspection services in almost • KENT FORD • STEPHEN COCHRAN every state in the nation, as well as Canada and South VICE PRESIDENT Site Superintendent America. Kent has led high profile pipeline cleaning Project Executive and inspection projects in the Middle East and Asia • JOHN WEB13 that were featured on the Discovery Channel. His • KEVIN WHEELER Regional Sales Manager Project Manager notable projects have also been profiled in leading (Daily Contact) • DANNY GONZALES industry publications. Equipment Manager Special training (certifications/accreditation): • RICKY GREEN Project Supervisor • MANUEL OLMOS • OSHA 30-Hour Training Regional Safety Manager • MSHA - Experienced Miner • SHANE WILLIS Data/GIS Manager • NASSCO (National Association of Sewer Service Please see their individual qualifications on the Companies): following pages. - PACP (Pipeline Assessment Certification Program) - LACP (Lateral Assessment Certification Program) - MACP (Manhole Assessment Certification Additional personnel resources: Program) Additionally, the key personnel listed above will be supplemented by additional support staff as needed Project role and involvement: to meet project demands. We have the ability to ramp Kent will be the Project Executive responsible for the size of our support team up or down as needed to ensuring the client's total satisfaction. All AIMS accommodate emergency events or periods of high management personnel assigned to this contract will volume. report to Kent. AIMS employs over 500 team members from which we.can pull additional resources to increase our capacity as needed. AIMS Companies CALJFQRNIA I COLORADO •• LOUISIANA NEVADA I NEW MEXICO I M15SOURTOREGON I TEXAS I UTAH I WASHINGTON 1938 Josh R• Ft Worth, • • FORT WORTH (DailyA,6 PERSONNEL RESUMES KEVIN WHEELER RICKY GREEN Project Manager Joining AIMS in 2012, Kevin brings 7 years of industry As a supervisor of the AIMS team, Ricky supervises all experience in data management and technical training. hydrovac operations for AIMS throughout North Texas. He started his career as a Combo Truck operator and He brings over 10 years of experience in the hydrovac CCTV Truck Operator, where he quickly proved his industry, focusing on municipalities, highway projects, ability to manage projects and other crews. As a result, and private lines. Ricky is well-versed in all aspects of he was chosen to help establish our operation in the line locating and has managed projects over $1 million. DFW area in 2017 and has since moved into the role of Data and Project management. He has proven to be a leader in the non-destructive Kevin's most recent project experience includes location of utilities . This work includes potholes reaching up to 30 feet in depth. Ricky also understands updating IT Pipes versions to meet the City of Fort the nature of the business and specializes in projects the City.s requirements for AIMS's current contracts with needing emergency response time. the City. Special training (certifications/accreditation): Technology & Devices: • OSHA - Confined Space Entry Training Ricky has an extensive working knowledge of hydrovac units and underground utilities. He is well- • Powersafe Certified versed in all aspects of the hydro excavation industry. • NASSCO (National Association of Sewer Service Special training (certifications/accreditation): Companies): • Essentials of Supervision - PACP (Pipeline Assessment Certification Program) • Team Building - LACP (Lateral Assessment Certification Program) • OSHA - Confined Space Entry Training. OSHA 10 - MACP (Manhole Assessment Certification Program) OSHA 30-Hour Training Project role and involvement: • First Aid/CPR Kevin's role in this project will be Data/ GIS Manager • Operator Qualifications /QA/QC Analyst. He will be responsible for handling • Class A CDL all GIS data, managing all deliverables, processing field . Safeland data, tracking the progress of ongoing jobs, overseeing the QA/QC process, and preparing data for project Project role and involvement: presentations. Keeps a constant line of communication Ricky's responsibility as supervisor is to provide with clients to ensure projects are on track, and that organization and management of selected field crews changes can be made to more efficiently meet needs and units. He ensures good communication and a when necessary. strong safety presence. He spends time on job walks and set up to provide the client with a project that can be complete in a timely manner. CALIFORNIAAIMS Companies ■ NEVADA I NEWMEXICO I MiS50URI I OKLAHOMA I ■ ■ FORT WORTH PERSONNEL RESUMES Data Joining AIMS in 2005, Shane brings 15 years of industry Stephen brings over 25 years of experience as a CCTV experience in data management and technical training. Operator and Field Supervisor. In his role with AIMS He started his career as a CCTV Truck Operator, where Companies, he is responsible for field management he quickly proved his ability to manage projects and and his duties include: overseeing field crew members other crews. As a result, he was promoted to Project across multiple job sites as well as safety tailgate Manager and Crew Leader positions. He served AIMS meetings, problem solving, delivering task orders, and in those capacities for six years. In 2011, AIMS again equipment repair as needed. promoted Shane - this time to our Lead QA/QC Data Manager and Software Specialist. His expertise includes cleaning storm and sanitary Shane has an extensive working knowledge of all sewer lines, CCTV, software for pipe cleaning and hardware and software used for pipeline video inspection, CIPP rehabilitation, and bypass pumping. inspections. He is well versed in the industry's common devices, such as: His regional experience includes: cleaning and CCTV • IBAK • Radio frequency devices inspection of sewer lines in a wide range of sizes for • CUES • Sonde devices municipal and private clients throughout Texas and • VIVAX Oklahoma. As our resident software specialist, Shane is a valuable Special training (certifications/accreditation): resource to our team, giving AIMS a competitive • OSHA - 40-hour Hazardous Worker Training Course advantage. His ability to work with all types of software, perform software conversion when needed, (In progress) and train our other team members in the same • OSHA 10 proficiencies gives our clients the greatest flexibility for their projects. • OSHA - Confined Space Entry Training Special training (certifications/accreditation): • First Aid/CPR • OSHA 10 • NASSCO (National Association of Sewer Service • OSHA - Confined Space Entry Training Companies): • MSHA - Experienced Miner - PACP (Pipeline Assessment Certification Program) • First Aid/CPR Certified - LACP (Lateral Assessment Certification Program) • MUTCD Flagging Trainer - MACP (Manhole Assessment Certification Program) • NASSCO (National Association of Sewer Service Companies): Project role and involvement: - PACP (Pipeline Assessment Certification Program) Stephen will serve as Site Superintendent and primary - LACP (Lateral Assessment Certification Program) operator for the contract. His field management duties include safety tailgate meetings, problem solving, - MACP (Manhole Assessment Certification delivering on task orders, and equipment repair when Program) needed. Project role and involvement: Shane will be the Data/ GIS Manager/QA/QC Analyst responsible for handling all GIS data, managing all deliverables, processing field data, tracking the progress of ongoing jobs, overseeing the QA/QC process, and preparing data for project presentations. CALIFORNIAAIMS Companies r ■ OKLAHOMA I OREGON - ■ Ft Worth, • • • FORT WORTH Regional Sales Manager A4 PERSONNEL RESUMES _ _.{ _ John joined AIMS in March 2018 and has a proven career in municipal and industrial pipeline services. ` He began his work in the industry building the very - first battery operated mainline inspection system and - then consequentially started a Municipal clean and TV < �� companies in the DFW area in 1994, managing large _ diameter pipe cleaning and inspection projects, where he learned the technical and operational side of the business. Special training (certifications/accreditation): - - OSHA - Confined Space Entry Training MANUELOLMOS • Powersafe Certified Project role and involvement: Regi• . l Safety Manager John's role for this project will be the Client Liaison responsible for understanding customer expectations Manny brings four years of experience in project and managing company deliverables to meet those management and a safety management. His expertise expectations. John's key goal is to ensure all work is includes inspections, quality control and quality performed to AIMS's high standards and expectations assurance, reports, environment, health and safety achieving the satisfaction of our customers. (EHS) practices, validation and verification (V&V), and loss prevention. Manny interacts with AIMS's South (Texas) Division managers and supervisors to provide safety D A management oversight focused on continuous Equipment Manager improvements to our corporate safety culture. Special training (certifications/accreditation): •Danny joined AIMS in 2009 and is responsible for OSHA - Safety & Management Specialist keeping a $10 million fleet of equipment in proper OSHA 30-Hour Construction Industry Training working condition. OSHA 30-Hour Construction Safety & Health Prior to his position as Equipment Manager, First Aid/CPR Danny served as Lead Mechanic for nine years. This experience gives him the benefit of intimate • Work Zone Traffic Control for Contractor's knowledge of every piece of equipment our crew Responsible Person/ IS-HWS410-91 members use. He understands exactly how all items . Trains the Fla should operate in the field and how to maintain them gger Trainers/ EU HWS114355 for optimal performance. • First Aid/ CPR Certified Project role and involvement: Project role and involvement: Danny will be the Equipment Manager responsible Manny's role is Safety Manager providing executive for maintaining all AIMS equipment, tools, and oversight of safety, performing on-site reviews maintenance records as it pertains to this project. He and audits. He certifies our company to remain in maintains DOT and PM files on all equipment. compliance with all client and site-specific safety requirements. AIMS Companies 1938 Josh • • Ft Worth, • • • ATTACHMENT D INSURANCE AND ATTACHMENT D-1 BONDING (if necessary) (Behind this page are the City's standard insurance requirements and,if necessary, payment and performance bond forms) ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement FORT WORTH ATTACHME CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 8/4/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME:__.S.andy Coons Lovitt&Touche A Marsh and McLennan Agency,LLC PHONE FAx 1050 W Washington Street,Suite 233 AIc No Ext:602-956-2250 .. No Tempe AZ 85281 ADDRESS: SCoons@lovift-touche.com INSURERS AFFORDING COVERAGE NAIC 9 INSURERA:Amerisure Mutual Insurance 23396 INSURED PIPEVID-Cl INSURERB:INDIAN HARBOR INS CO 36940 CSI Consolidated,LLC dba CleanServe,LLC CSI Consolidated,LLC dba AIMS Companies INsuRERc:Staff Indemnity&Liability Co 38318 CleanServe,LLC dba AIMS Companies INSURERD:GEMINI INS CO 10833 3808 Knapp Road INSURER E: Pearland TX 77581 INSURER F COVERAGES CERTIFICATE NUMBER:1430000139 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSRADDL SUBR POLICYNUMBER MMIDDYPOLICEFF MMIDD/YPOLICYfYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GL21136760102 1/1/2020 1/1/2021 EACH OCCURRENCE $1,o00,OD0 CLAIMS-MADE M OCCUR DAMAGE To RENTED PREMISES Ea occurrence $1,000,000 MED FXP(Any one person) $15,000 X Contractual Liab PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $2,000,000 POLICY[K]JEcT F1 LOC PRODUCTS-COMPlOPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y CA 2107183D302 1/l/2020 1/l/2021 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS ONLY AUTOS ) X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C uMBRELIALIAB X OCCUR Y Y 1000584821201 1/1/2020 1/1/2021 EACH OCCURRENCE $5,000,000 D CEX09604034-00 111/202D 1/1/2021 X EXCESS.LIAB CLAIMS-MADE AGGREGATE $5.000,000 DED X RETENTION$n 2nd Layer Occ/Agg $5,000.000 A WORKERS COMPENSATION Y WC 2107186-02 1/1/2020 1/1/2021 X FT-EAT UTE ERH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-FA EMPLOYEE $1,00D,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Pollution Uability(Ded$10,000) Y Y CE07420962 1/1/2020 1/1/2021 Llmit/Agg $2,00D,000 B Prof Liabilty(Ded$25.000) Y CE07420962 1/1/2020 1/1/2021 Limit/Agg $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) NAMED INSURED CONTINUED:Pipeline Video Inspection,LLC dba AIMS Companies Certificate Holder and owner(if applicable)are additional insured on the General Liability,Automobile Liability,Excess Liability(follow form;GL,Auto, Employers Liab)and Pollution Liability if required by written contract.Waiver of Subrogation applies to the General Liability,Automobile Liability,Workers Compensation,Excess Liability and Pollution Liability If required by written contract.The General Liability,Automobile liability,and Excess liability insurance are primary and certificate holder's insurance is non-contributory if required by written contract.For any statutorily permitted reason other than nonpayment of premium,30 Day Notice of Cancellation applies.(Forms:CG7048 10/15,CG7049 04/17,CA7115 11109,CA7165 09/11,WCOOD313 04/84 IL7066 07/14.) Professional Liability Retro Date 11-12-14 $1,000,000 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Financial Management Services Department ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Purchasing Division Bid#20-0167 200 Texas Street AUTHORIZED RENTATIVE Fort Worth,Street 76102 �� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AIMS Companies ARIZONA I ALABAMA CALIFORNIA CoLORADD GEORGIA ILLINOIS I KANSAS I LOUISIANA NEVADA I NEWMEXICO I MISSOURI OKLAHOMA OREGON I TEXAS I UTAH I WASHINGTON • • 1938 Josh Rd, Ft Worth, • • • FLIRT FORTH ATTACHMENT G Aw BID BOND Argonaut Insurance Company CONTRACTOR: SURETY: (N'aaje,legal slufas and udelh,tss) (A acne.lcgul srutrcw cardPrbxiper(place oJbrrs(rrrssy CSI Consolidated LLC dba ALMS Corn panics Argoonnt Tuturanee i'nnl pang 3808 Knapp Rd T3100 n'orthanl Center Dr,Suite 1,9[I Ftarinnd,'t'7t77581 Houston.IN 77065 OWNER: •%fume.(e(ul surttrs and address/ C:it%.of Fort%Vorth BOND AMOUNT: Five percent nrtntnt amnuut hid(s%nrbid amnunt) PROJECT! (.tame.locatirm nr oddres:r,and Pr•njecr number,ber,ffa?iv) 131311ydruvxc Exenvation Services C.P W0I-?0-0Tb7 The Contractor and Surety are bound to the Uwncr in the amount set forth above.for the payment of which the Contractor and Surely bind themselves,their heirs,executors,administrators,successors and assigns,•jointly and severally,as provided herein. The conditions of this Bond are such that if the Uwncr accepts the bid ofthe Contractor within the time specified in the bid documents,or within such time period as niay be agreed to by the Owner and C'ontracror,and the Contractor either(1)enters into a contract kith the Owner in accordance with the terms Dr such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner. for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution iliereol,or(2)pays to the Owner the difl'ercaee.not to exceed lite amount of this Bond,between the amount specified in said bid and such larger amount lour which the Owner may in good faith contract with another party to I)crforni the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and 4ect.The Surety hereby %vaives any notice or an agreement between the Owner and Contractor to extend the time in which the Owner may nccept the bid. Waiver or notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time lbr acceptance of bids speciiied in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(00)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor• the term Contractor in (Iris Bond shall be deemed to be Subconfractor and the lean Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal rcquircinent in tits location o£the Project.any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con1br-ming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. The Company executing this bond vouches thatthis document conforms to American institute of Architects Document A310,20f0 edition 1 AIMS Companies MISSOURI I OKLAHOMA I OREGON I TEXAS I UTAH I WASHINGTON • 1938 Josh Rd, Ft Worth, • • • • ATTACHMENT E VERIFICATION OF SIGNATURE AUTHORITY CSI Consolidated,LLC d/b/a AIMS Companies 3808 Knapp Rd Pearland,Texas 77581 Execution of this Signature Verification Form ("Form")hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Contractor. 1. Name:Kent Ford Posit' n: is resident Signature 2. Name: Position: Signature 3. Name: Position: 1 Signature i Name: Steven Hudson Signature of President/CEO Other Title: Executive Officer/Partner ' Date: 11/03/2020 i f i t i' ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement i i SECTION 00 6113 PERFORMANCE BOND Bond No. SUR0061090 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, CSI Consolidated LLC d/b/a AIMS Companies ,known as "Principal"herein and Argonaut Insurance Company ,a corporate surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas,known as"City"herein,in the penal sum of, One Hundred-Thousand & no/100 Dollars($ 100,000.00),lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the City awarded the day of ,20_,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories defined by law,in the prosecution of the Work, including any Change Orders,as provided for in said Contract designated as Hydro-Vac Excavation Contract NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders,under the Contract,according to the plans,specifications,and contract documents therein referred to,and as well during any period of extension of the Contract that may be granted on the part of the City,then this obligation shall be and become null and void,otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended,and all liabilities on this bond shall be determined in accordance with the provisions of said statue. ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 5th day of November .20 20 PRINCIPAL: CSI Consoliated, LLC d/b/a AIMS Com ani BY: ' Signature ATTEST: n - (PrmcipaI)Secretary Name and Title Address: 1938 Josh Rd Fort Worth, TX 76177 Witness as to Principal SURETY: Argonaut Insurance Company BY: ig�nature Jeremy Polk, y-in-Fact Name and Title Address: 13100 Worth Center Dr Suite 290 Houston, TX 77065 i ess to urety Telephone Number: 281-640-7919 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,both must be provided.The date of the bond shall not be prior to the date the Contract is awarded. i . I 1 ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement SECTION 00 6114 PAYMENT BOND Bond No. SUR0061090 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, CSI Consolidated LLC d/b/a AIMS Companies ,known as "Principal" herein, and Argonaut Insurance Company a corporate surety (sureties), duly authorized to do business in the State of Texas,known as"Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, in the penal sum of One Hundred-Thousand& no/100 Dollars ($100,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents: WHEREAS,Principal has entered into a certain written Contract with City, awarded the day of _20 ,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Hydro-Vac Excavation Contract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any(and all)payment bond beneficiary(as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void;otherwise to remain in full force and effect. i This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas r. Government Code,as amended,and all liabilities on this bond shall be determined in accordance with the provisions of said statute. f i SgK ' L p4p ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement IN WITNESS VtMREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 5th day of November .2020 PRINCIPAL: CSI Consoliated, LLC d/b/a S Com an' _AAIM .., ATTEST: Signature (Principal)Secretary <2 " Name and Title Address: 1938 Josh Rd Fort Worth, TX 76177 Witness as to Principal SURETY: Argonaut Insurance Company BY: ign e Jeremy P ey-in-Fact Name and Title Address: 13100 Worth Center Dr Suite 290 Houston, TX 77065 Witness urety Telephone Number: 281-640-7919 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical i address is different from its mailing address, both must be provided. The date of the bond shall ! not be prior to the date the Contract is awarded. ! r I • i S 1 i r 3 • s• ITB No.20-0167 Hydro-vac Excavation Contractor Services Agreement Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing!;under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: Jeremy Polk,Matthew Erra Their true and lawful agent(s)and attomey(s)-in-fact,each in their separate capacity if more than one is nancd above,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertaUngs in suretyship provided,however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $75,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the fal'lowiage Resolution adopted by the Board of Directors ofArgonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorne,;to execute in behalf of,and acknowledge as the act and deed ofthe Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to atr4r the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May,2017. ok `,`�\NSURq.c�, Argonaut Insurance Company 0N SEAL -�'— i;d�. by: '•�<<IN015:' � STATE OF TEXAS ""',r. Joshua C.Betz, Senior Vice President COUNTY OF HARRIS SS: On this 8th day of May,2017 A.D.,before mo,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified,came THE ABOVE OFFICER OF THE C014-ANtY;to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same.and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid,and that the seal affixed to the preceding instrument is the Cauporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the autherity, and direction of the said corporation,and that Resolution adopted by the Board of Directors of said Company,referred to in the preceding instrument is now in force. IN TESTIMONY WFriREO1=,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. wt-t S4i NLEFe.� y�#� &Mats a/ (Notary Public) rar,,e:y r• so-woz i I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 5th day of November 2020 J.:�o ROTC'.•. .--'_r—��,. �r�.-�J zP•• O- ter.r.-� Tc++T i;d�,• ,948 ;2_ '•��CIN.... Y: James Blt,zard, Vice President-Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OFATTORNEYARE IN BLUE.IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(210)321-8400. Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: Jeremy Polk,Matthew Erra Their true and lawful agent(s)and attorneys)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undsrtaltiogs in suretyship provided,however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $75,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the followlug Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vicel°raident,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorney*to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affwc the corporate seal thereto." A. IN WITNESS WHEREOF,Argonaut Insurance Company has caused its odoci*-,eal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May,2017. - Argonaut Insurance Company 0. SEAL veaa e. b �''•��LINO15..: Y� Y' Joshua C.Betz, Senior Vice President STATE OF TEXAS COUNTY OF HARRIS SS: x*� On this 8th day of May,2017 A.D.,before ms a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified,came THE ABOVE OFFICER OF THE CQI�PA~`Y.to ine personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution o f same,and being by me duly sworn,deposed and said that be is the officer of the said Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authrro and dire tion of the said corporation,and that Resolution adopted by the Board of Directors of said Company,referred to in the preceding instrument is now in force. IN TESTIMONY Wkb R_?O1;I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. iiE±CG y hro.aat PL6ivC.SMi`O'��li C-m-M !.,W—;, .t�x2r (Notary Public) •'i0iwr ail to IOW a I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a frill,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 5th day of November 2020 ............s CL: 7948 2, s ".N...... \� James Bluzard, Vice President-Surety ........... THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OFATTORNEY ARE IN BLUE.IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(210)321-8400. FORT WORTH A* ),, ', ATTACHMENT H A'ITACHMENT H VERIMCA170N OF SIGNATURE AUTHORITY FORM Contractor:AIMS Companies Address:1938 Josh Rd. City,state,zip:Ft.Worth,TX 76177 Execution of this Signature Verification Form("Form")hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement,amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution,ordinance or other authorization of Contractor.City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor, Contractor will submit an updated Form within ten(10)business days if there are any changes to the signatory authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Contractor. 1. Name: Kent Ford Position.-Vice President Signature 2. Name: Position: Signature 3. Name: Position: Signature �yEN N Name: Signature of fhrOweIe. Other Title: -&g of ram✓� ©F�ia2ft1 A*W Date: gy /� ow ITS 20-0167 HYDROVAC EXCAVATION SERVICES 42069 AIMS Companies ARIZONA ALABAMA I CALIFOR OLORADO GEORGIA NEVADA NEW MEXiCO I MISSOURI OKLAHOMA OREGON • Jusb •. R Worth, • • • Sign In Home Legislation Calendar City Council Departments © © Z Share Af RSS .I�Alerts Details Reports File #: M&C 20-0782 Version: 1 Name: Type: Purchase of Equipment, Materials, and yp Services Consent Status: Passed File created: 10/22/2020 In control: CITY COUNCIL On agenda: 10/27/2020 Final action: 10/27/2020 (ALL) Authorize Execution of Non-Exclusive One Year Agreements with Four One Year Title: Renewal Options for Both CSI Consolidated, LLC d/b/a AIMS Companies and US Ecology Houston, Inc. for Hydrovac Excavation Services for the Water Department with a Combined Annual Amount Up to $200,000.00 Attachments: 1. M&C 20-0782 History(1) Text 1 record Group Export Date Ver, Action By Action Result Action Details Meeting Details Video -I 10/27/2020 1 CITY COUNCIL Approved Action details Meeting details Not available City of Fort !Borth, Texas oli a-myor and Councfl Corn mun00000ln DATE: Tuesday, October 27, 2020 REFERENCE NO.: **M&C 20-0782 LOG NAME: 13P20-0167 HYDROVAC EXCAVATION SC WATER SUBJECT: (ALL) Authorize Execution of Non-Exclusive One Year Agreements with Four One Year Renewal Options for Both CSI Consolidated, LLC d/b/a AIMS Companies and US Ecology Houston, Inc. for Hydrovac Excavation Services for the Water Department with a Combined Annual Amount Up to $200,000.00 RECOMMENDATION: It is recommended that the City Council authorize the execution of non-exclusive one year agreements, with four one year renewal options, for both CSI Consolidated, LLC d/b/a AIMS Companies and US Ecology Houston, Inc. for hydrovac excavation services for the Water Department with a combined annual amount up to $200,000.00. DISCUSSION: The Water Department approached the Purchasing Division to finalize annual agreements for hydrovac excavation services. In order to procure these services, staff issued an Invitation to Bid (ITB). The ITB consisted of detailed specifications listing the work, equipment and materials needed to expose underground utilities. The ITB was advertised in the Fort Worth Star-Telegram on July 22, 2020, July 29, 2020, August 5, 2020, and August 12, 2020. The City received four bids. Bids were evaluated on the lowest responsible bidder complying with all provisions of the solicitation. Staff recommends awarding a non-exclusive one year agreement to both CSI Consolidated, LLC d/b/a AIMS Companies and US Ecology Houston, Inc. with four one-year renewal options. No guarantee was made that a specific amount of these services will be purchased. The bid amount for the Water Department's annual requirements is up to $200,000.00. An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. A waiver of the goal for MBE/SBE subcontracting requirements was approved by the Office of Business Diversity, in accordance with the M/WBE or BDE ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water& Sewer Fund to support the approval of the above recommendation and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDs): TO Fund Department �►ccoun Project jProgram Activity Budget j Reference # Amount ID ID ( Year (Chartfield 2) FROM Fund Department Accoun Project ProgramActivity� Budget I Reference # Amount ID ! ID Year (Chartfield 2) j CERTIFICATIONS: Jay Chapa (5804) Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Reginald Zeno (8517) Cynthia Garcia (8525) Additional Information Contact: Sarah Czechowicz (2059) ATTACHMENTS 1. 1295 Forms Bid 20-0167.gdf (CFW Internal) 2. 13P20-0167 HYDROVAC EXCAVATION SC WATER Funds Avail.do(.., (CFW Internal) 3. 13P20-0167 HYDROVAC EXCAVATION SC WATER Funding Availability.JPG (CFW Internal) 4. C O Fort Worth Hydro 1295.pdf (CFW Internal) 5. Copy of Hydrovac FIDS table.xlsx (CFW Internal) 6. Form 1295 Certificate USEcology pdf (CFW Internal) 7. ITB 20-0167 Hydro-Vac MWBE Signed pdf (CFW Internal) 8. Sams Search 9.21.2020,ndf (CFW Internal)