HomeMy WebLinkAboutContract 55561CSC No. 55561
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CONTRACTOR SERVICES AGREEMENT
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 and
JEREMY CLARK WELDING INC. ("Contractor"), a S Corp., each individually referred to as a"party"
and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Contractor Services Agreement;
2. Exhibit A— Scope of Services;
3. Exhibit B— Price Schedule; and
4. Exhibit C— Verification of Signature Authority Form.
5. Exhibit D— Conflict of Interest Questionnaire
6. Exhibit E— Bid Documents
Exhibits A, B, C, D and E which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B
or 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. Solid Waste container refurbishments. Exhibit "A," - Scope of
Services more specifically describes the services to be provided hereunder.
2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below
(`Bffective Date") and shall expire one (1) year from the effective date (`Bxpiration Date"), unless
terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the option, in its
sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year
renewal options, at City's sole discretion.
3. Compensation. City shall pay Contractor in accordance with the fee schedule of
Contractor personnel who perform services under this Agreement in accordance with the provisions of this
Agreement and Exhibit "B," — Price Schedule. Total payment made under this Agreement City shall be in
an amount not to exceed forty thousand one hundred ten Dollars ($40.110.00). Payments for the
following years shall be as described in Exhibit B. Contractor shall not perform any additional services or
bill for expenses incurred far City not specifed by this Agreement unless City requests and approves in
writing the additional costs for such services. City shall not be liable for any additional expenses of
Contractor not specified by this Agreement unless City first approves such expenses in writing.
Contractor Services Agreement—Jeremy Clark Welding Inc.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
4. Termination.
4.1. Written Notice. City or Contractor may terminate this Agreement at any time and
for any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-a�propriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period
for which appropriations were received without penalty or expense to City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
4.3 Duties and Obli,�ations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City shall pay Contractor for services actually rendered up
to the effective date of termination and Contractor sha11 continue to provide City with services
requested by City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason, Contractar shall provide City with copies of
all completed or partially completed documents prepared under this Agreement. In the event
Contractor has received access to City Information or data as a requirement to perform services
hereunder, Contractar shall return all City provided data to City in a machine readable format or
other format deemed acceptable to City.
5. Disclosure of Conflicts and Con�dential Information.
5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to
Contractor's services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Contractar hereby agrees immediately to make full disclosure to
City in writing.
5.2 Confdential Information. Contractor, for itself and its officers, agents and
employees, agrees that it shall treat a11 information provided to it by City ("City Information") as
confidential and shall not disclose any such information to a third party without the prior written
approval of City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held ar maintained by City are subj ect to disclosure under the Texas Public
Information Act. In the event there is a request far information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 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
Contractor Services Agreement— Jeremy Clark Welding Inc. Page 2 of 16
City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with City to protect such City Infarmation from further unauthorized disclosure.
6. Right to Audit. Contractor agrees that City shall, until the expiration of three (3) years
after iinal payment under this contract, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Contractor involving transactions
relating to this Agreement at no additional cost to City. Contractor agrees that City shall have access during
normal warking hours to all necessary Contractor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Contractor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Contractor shall
operate as an independent contractor as to all rights and privileges and work performed under this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the
conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details
of its operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, Contractors 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 ar a
Joint employer of Contractar 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 offcers, agents, servants, employees or
subContractor.
Liabilitv and Indemnification.
8.1 LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR 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.
8.2 GENERAL INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESSAND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO
CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Contractor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
Contractor Services Agreement— Jeremy Clark Welding Inc. Page 3 of 16
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Contractor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Contractor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Contractor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Contractor shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Contractor timely
written notice of any such claim or action, with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Contractor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Contractor shall, at its own expense and as City's sole remedy, either: (a) procure
for City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Contractor terminate this Agreement, and refund all amounts paid to Contractor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Assignment and Subcontracting.
91 Assi ng ment• Contractor shall not assign or subcontract any of its duties,
obligations or rights under this Agreement without the prior written consent of City. If City grants
consent to an assignment, the assignee shall execute a written agreement with City and Contractor
under which the assignee agrees to be bound by the duties and obligations of Contractor under this
Agreement. Contractor and Assignee shall be jointly liable for all obligations of Contractor under
this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Contractor shall execute
a written agreement with Contractar referencing this Agreement under which sub Contractor shall
agree to be bound by the duties and obligations of Contractor under this Agreement as such duties
and obligations may apply. Contractor sha11 provide City with a fully executed copy of any such
subcontract.
10. Insurance. Contractor shall provide City with certifcate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
Contractor Services Agreement— Jeremy Clark Welding Inc. Page 4 of 16
10.1
Covera�e and Limits
(a)
(b)
Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Contractor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the wark is being performed
Employers' liability
10.2
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$],000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance sha11 be submitted to City to evidence coverage.
General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City. Ten (10) days' notice shall be
Contractor Services Agreement— Jeremy Clark Welding Inc. Page 5 of 16
acceptable in the event of non-payment of premium. Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/ar approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(� Certificates of Insurance evidencing that Contractor has obtained a11
required insurance shall be delivered to the City priar to Contractor proceeding
with any work pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Re�ulations. Contractor agrees that in
the performance of its obligations hereunder, it shall comply with all applicable federal, state and local
laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement
will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City
notifes Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall
immediately desist from and correct the violation.
12. 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 sha11 not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORSS
OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY
AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile 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 JC Welding Inc.
Attn: Assistant City Manager for Code Attn: Bobbie C1ark, President
200 Texas Street PO Box 135
Fort Worth, TX 76102-6314 Joshua, TX 76058
Facsimile: (817) 392-8654 JCWelding79@yahoo.com
With copy to Fort Worth City Attorney's Offce at
same address
Contractor Services Agreement— Jeremy Clark Welding Inc. Page 6 of 16
14. Solicitation of Emplovees. 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 responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Contractor to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's
or Contractor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. Governing Law / Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severabilitv. 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.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will 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, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised 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 attached exhibits.
Contractor Services Agreement— Jeremy Clark Welding Inc. Page 7 of 16
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entiretv of A�reement. This Agreement, including all attached exhibits, contains the
entire understanding and agreement between City and Contractor, their 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.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an ariginal, but all such counterparts shall together constitute
one and the same instrument.
25. Warrantv of Services. Contractor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Contractor's
option, Contractor shall either (a) use commercially reasonable efforts to re-perform the services in a
manner that conforms with the warranty, ar(b) refund the fees paid by City to Contractor for the
nonconforming services.
26. Immigration Nationalitv 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 a11
I-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Contractar 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.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement (collectively, "Wark 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 Wark 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"wark-made-for-hire" within the meaning of the Copyright
Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest
in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade
secret, and all other proprietary rights therein, that City may have or obtain, without further consideration,
free from any claim, lien for balance due, or rights of retention thereto on the part of City.
28. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal autharity to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Contractor Services Agreement— Jeremy Clark Welding Inc. Page 8 of 16
Agreement and any amendment hereto, may be executed by any authorized representative of Contractor
whose name, title and signature is affixed on the Verification of Signature Authority Form, which is
attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations
in entering into this Agreement or any amendment hereto.
29. Change in Company Name or Ownership. Contractor shall notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Contractor or authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change, copy of the
board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure
to provide the specified documentation so may adversely impact future invoice payments.
30. No Bovcott of Israel. If Contractor has fewer than 10 employees or this Agreement
is for less than $100,000, this section does not apply. Contractar acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term 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 Contractor: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract.
31. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
(signature page follows)
Contractor Services Agreement— Jeremy Clark Welding Inc. Page 9 of 16
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
!/����r'e w�G�i�r�to�
B": Valerie Washington IApr 12, 2 116:03 CDT)
.7
Name: Valerie Washington
Title: Assistant City Manager
Date:
20
APPROVAL RECOMMENDED:
Robe�t smouse
By:
Robert Smouse (Apr 8, 2021 15:48 CDT)
Name: Robert Smouse
Title: Assistance Code Compliance Director
ATTEST:
baw-FORr aa
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0 0�
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BY� �0 � �o 00 �,�
Name: Mary Kayser ����� nExAS�.ap
Title: City Secretary
CONTRACTOR:
JC WELDING INC.
�obbie C���r
Bobbie Clark (Apr3, 202106:53 CDT)
By:
Name: Bobbie Clark
Title: President
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
By.
Name
Title:
R�6e� A, bu�z
Ruben A Dia� (AprS, 7_07_I 14:17_ CDT)
Ruben Diaz
Code Compliance Superintendent
APPROVED AS TO FORM AND LEGALITY:
By:
Name
Title:
� G1.��2.1.1'
ChristopherAustr (Apr12,202115:09CDT)
Christopher Austria
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A 24089-03-2020 (March 19, 2020) and
24161-04-2020 (Apri17, 2020)
1295: N/A
OFFICIAL RECORD
Contractor Services Agreement—Jeremy Clark Welding Inc.
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
1.0 Vendor shall provide solid waste container (roll off container) refurbishments in accordance with the
descriptions and specifications listed in this Exhibit.
2.0 The City currently has eighty-one (81) 40 Cubic Yard (CY) roll off containers, five (5) 30CY roll off
containers, and 9 compactors, at various drop off stations located throughout the City that will require
refurbishment on an as needed basis. Additional containers may be added through the life of the
agreement.
3.0 GENERAL REQUIREMENTS
3.1. Contractor shall respond and supply requested services required during regular business
hours ,Monday through Friday between 8:00 am and 5:00 pm, within twenty-four (24) hours or
less by mutual agreement from the time the original purchase order is submitted to the
Contractor.
3.2. Contractor shall provide, but will not be limited to, the following refurbishment repairs as
needed:
3.2.1. Repair small roller
3.2.2. Repair front big roller
3.2.3. Repair rear big roller
3.2.4. Repair back door channel
3.2.5. Repair washer
3.2.6. Repair pin
3.2.7. Weld post
3.2.8. Weld corners
3.2.9. Weld patches per square inch
3.2.10. Repair ladder and/or steps
3.2.11. Repair pin chain
3.2.12. Repair back door spring
3.2.13. Repair lock assembly
3.2.14. Repair handle latch
3.2.15. Repair door latch
3.2.16. Repair door log
3.2.17. Align walls
3.2.18. Weld metal plates
3.2.19. Paint roll off container
3.2.20. Repair galvanized pipes fall protection
3.2.21. Repair/Install metal signage
3.2.22. Remove/Install metal angle
3.2.23. Repair of retention sump grates and stabilizers
3.2.24. Repair of retention pond pumps
3.2.25. Repair of hydraulic fork lift ramp
3.2.26. Refurbishing of Paint Consolidation Machine
3.2.27. Repair and refurbishing of Styrofoam Densifying Machine
3.2.28. Repair of 32 Cubic Yard Compactor
3.2.29. Installation and removal of electrical components for the consolidation machine
3.2.30. Paint Roll off Containers, Compactors and Metal Structures
6.0 ROLL-OFF CONTAINER LOCATIONS
Contractor Services Agreement — Jeremy Clark Welding Inc. — Exhibit A Page 11 of 16
4.1. The Contractor shall provide and complete services at the following locations:
4.1.1. Brennan Drop-off Station
2400 Brennan Ave
Fort Worth, Texas 76106
4.1.2. Southeast Drop-off Station
5150 Martin Luther King Freeway
Fort Worth, Texas 76119
4.1.3. Old Hemphill Road Drop-off Station
6260 Old Hemphill Road
Fort Worth, Texas 76134
4.1.4. Hillshire Drop-off Station (North Service Center)
301 Hillshire Drive
Haslet, Texas 76052
4.1.5. Environmental Collection Center (ECC)
6400 Bridge Street
Fort Worth, Texas 76112
5.0 CONTRACTOR REQUIREMENTS
5.1. Contractor must have a minimum of 5 years prior experience welding and refurbishing large
Containers.
5.2. Contractor shall be within 20 miles of the Fort Worth area due to services needed within the
next 24 hours of notice. See section 3.1, page 29.
5.3. Contractor shall have at minimum a Structural Welding Certification, and shall provide proof
of this with their bid submittal.
5.4. Contractor shall provide their own welding tools for services. Parts and materials will be
provided through the City.
5.5. Contractor is responsible for contacting the City for the necessary parts to fulfill needed
refurbishments.
5.6. Contractor shall be responsible for the removal of all debris and unused material from City
premises. The Contractor shall leave work areas in a condition similar to or better than the
condition of the area before any work was performed.
5.7. Contractor shall provide a clear and coherent report for the services completed as well as a
report for parts/materials that were not used or needed.
5.8. Contractor shall return all unused parts/materials to the City for future usage.
5.9. Contractor shall only complete services with the parts/materials provided by the City's parts
vendor.
5.10. Contractor shall be able to provide at least two employees with, at minimum, 5 years of
experience welding and refurbishing large containers or similar material/equipment.
Contractor Services Agreement —Jeremy Clark Welding Inc. — Exhibit A Page 12 of 16
EXHIBIT B
PRICE SCHEDULE
Descri tion Unit Unit Price
Repair of roll off containers per hour HR 70.00
Additional Services of the same general category that could have been encompassed in the award of this
Agreement, and that are not already on the Agreement may be added.
Unit prices shall include all associated cost not limited to refurbishment repair, labor, travel mileage, and
fuel charges. No additional charges will be accepted ar paid by the City.
Contractor Services Agreement — Jeremy Clark Welding Inc. — Exhibit B Page 13 of 16
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
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 fu11y 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.
Name: Bobbie Clark
Position: President
�obbie CG��r
Bobbie Clark (AprB, 202106:58 CDT)
Signature
Name:
Position:
Signature
Name:
Position:
Signature
Name: Bobbie Clark
�obbi� CGa��r
Bobble Clark (Apr 8, 2021 06:58 CDT)
Signature of President / CEO
Other Title:
Contractor Services Agreement —Jeremy Clark Welding, Inc. — Exhibit C Page 14 of 16
EXHIBIT D
CONFLICT OF INTEREST QUESTIONAIRE
CONFLICT OF INTEREST C�UESTIONNAIRE FQRM CI�
Fnr vendnr daing business with Iocal governmental entity
This ques[ionnaire reflects changes made Sa the law hy H_6_ 23, 84th Leg_, Regular Session_ OFFICEUSEOI+ILY
This quesliannairc is heing filed in accnrdance wilh Chapper 17fi. Lacal GpUernmpnt Code, by a Uendnr whp uate i iece o-ed
has a business relalionship as defined hy Sectfon �76.001(1-a] with a local gnvernmenlal entity and �he
vendar meets requiremen[s under 5eclion 176.006[a].
By 1aw this Questionnaire mus[ 6e filed with the records adm[nislrato� ol Ihe 1oc31 go�emmen[al entily no[ IaEer
Shdn Ihe 7!h bU5ine55 ddy d�ter Ehe dd[B Ihe vendor berAmeS awdre Of fdCls lhdt require the SidtemenE t0 be
filed. See Sectinn 17fi.U[]fi{�-1 }, Locdl Governmenl Godc.
A vendor commiis an ottense if the �endor Knowingly violates Seclion 17fi.G(]fi, Local Go�ernment Code. An
aFtense �nder this section is a misdemeanor.
� Name Df �endarwhp has a pusiness relatiqnship with IVCaI gp�ernmental entity.
2
� Check this box if you arefiling an update toa pre�iously filed questionnaire. [The law requires �hat you file an updated
comple[ed q�estionnaire w[th the apprvpnate filing auiharity nat later [han lhe �th h�siness day after the date on whf�h
you became awarQ that [he originally filed questionnaire was in�ornpfeie or inaocuraie.J
3 Name of IpCal gvUernment niiiCer ahput whpm the infprmalipn is befng diSctpsed.
Name of Officer
4 Uescrihe ea�h employment or ather husiness relatianship with the la�al govarnment officer, ar a family memher af the
vffiGer, as descri6ed 6y Section 176.OU3(aJ{2](AJ. Also descri6e any family relationship with the Ip�al gqvernmant offiper.
Gpmp101e SUHpartS A antl B forea�h emplpymBnt or business relatipnShip rleScribetl. Atta�h atltlftipnal pages to (hfS Fprrn
CIQ as necessary.
A. Is �lie IoeaE go�ernment offi�er or a iamiiy mernber of ihe off��er receiviny or likely �o recei�e EaxabEe �n�orne.
other fhan investment inCc]me. from fhe vendor7
� Y0S � HIa
B. Is the �endor receiving or likely to receive taxa6le income, other than in�estment income, from or at the direction
of the locaf go�ernment officer or a family rnember of the offlcer AND the taxable income is not receiUed from the
iocai go�ernmentai entity7
� Yes � No
5 Describeeach employmentor business relationship that thevendor named in Section 1 maintainswith a corporation or
aiher business entity with respect to which the local go�ernment officer serves as an officer or director, or holds an
ownership in;erest vF one percenl or more.
6
�CheCk this box if the vendor h�s given fhe loCal g0uerrtment offiCer Or a family memk]er Of !he offiCer one or more giks
as descriaed in Sectivn 176.663(aj[2]�Bj. excluding gifts described in Sectian 176.6a31a 1j.
7 �obbie CG��r
sonb�e a�rk �npra, zozi oe:sa cor� ApY 8, 2021
Signaturc af vcndor doing hosincss with !hc ga�crnmcntaE cniity �ate
Form providetl hy Texas EEhics Commission www.eihics.state.lx.us Revised 77;30i2p� 5
Contractor Services Agreement — Jeremy Clark Welding, Inc. — Exhibit D Page 15 of 16
EXHIBIT E
BID DOCUMENTS
Contractor Services Agreement — Jeremy Clark Welding, Inc. — Exhibit E Page 16 of 16
FORTWORTH�.� CITY OF FORT WORTH BID OFFER EXH I BIT E
EventlD Page
CFWO1-21-0056 1
Event Round Version
1 1
Event Name
RFQt Solid Waste Container Refurbishment
Start Time Finish Time
03/08/2021 15:30:00 CST 03/15/2021 16:00:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth is seeking quotes from qualified bidders for an annual Agreement for solid waste
container refurbishments for the Code Compliance Department. All items shall be quoted as specified in this
Request for Quotations on an as needed basis.
Terms & Conditions
No Pre-bid conference will be held for this RFQt.
Completed Quote must be received in the Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102 by the
above bid "Finish Time." Quotes must be submitted via email at FMSPurchasingResponses@fortworthtexas.gov or
faxed to 817-392-8440, addressed to "Taylor Dean", have the bid number 21-0056 and opening date clearly marked
on the fax cover page. Late quotes will not be considered for award unless bidders are notified otherwise.
Quotes may be withdrawn at any time prior to the official opening by written notification. Quotes may not be
altered, amended or withdrawn after the official opening.
1 Your quote must be submitted on this form.
2 Freight and all other delivery charges shall be included in the unit price(s) bid.
3 The City is exempt from Federal Excise and State Sales Tax, therefore, tax must not be included in the quote
price.
Items quoted must meet or exceed City of Fort Worth Specifications; however, The City of Fort Worth may
consider and accept alternate bids if specified herein when most advantageous to the City. The City reserves
the right, however, to hold to City Specifications and to determine "or equal" status. The City reserves the
right to accept or reject in part or whole any quote submitted, and to waive any technicalities for the best
interest of the City.
The undersigned agrees, if the quote is accepted, to furnish any and all items upon which prices are offered,
at the price (s) and upon the terms and conditions contained in the specifications. The period for acceptance
of this proposal will calendar days (90 calendar days)
Will agreement be available for Cooperative Agreement use? (See Section 6) Yes No
SECTION NO. TITLE
PAGE 1 BID OFFER SHEET" - Cover page of Final Bid Document V1 and attached as separate document
PART 1 PURCHASING AGREEMENT SPECIFICATIONS
PART 2 CITY OF FORT WORTH STANDARD TERMS AND CONDITIONS
ATTACHMENTA- CONFLICT OF INTEREST QUESTIONNAIRE
ATTACHMENT B- BIDDER'S CONTACT INFORMATION
ATTACHMENT C - REFERENCE SHEET
ATTACHMENT D- HOW TO REGISTER WITH THE CITY OF FORT WORTH
ATTACHMENT E -AUTOMATED INVOICING
ATTACHMENT F- NO QUOTE SHEET
ATTACHMENT G- DETAILED SCOPE OF SERVICES AND SPECIFICATIONS
ATTACHMENT H- CONTRACTOR QUALIFICATION QUESTIONNAIRE
ATTACHMENT I- DRAFT CONTRACTOR SERVICE AGREEMENT
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 1 of 33
FORT WORTH�
CITY OF FORT WORTH BID OFFER
EventlD Page
CFWO1-21-0056 2
Event Round Version
1 1
Event Name
RFQt Solid Waste Container Refurbishment
Start Time Finish Time
03/08/2021 15:30:00 CST 03/15/2021 16:00:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
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:
Company Address:
City, State, Zip:
Vendor Registration No.
Printed Name of Officer or Authorized Representative:
Title:
Signature of Officer orAuthorized Representative:
Date:
Email Address:
Phone Number:
Federal Identification Number (FID):
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 2 of 33
FORT WORTH�
CITY OF FORT WORTH BID OFFER
EventlD Page
CFWO1-21-0056 3
Event Round Version
1 1
Event Name
RFQt Solid Waste Container Refurbishment
Start Time Finish Time
03/08/2021 15:30:00 CST 03/15/2021 16:00:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line Details
Line: 1
Description: Qty Unit UnitPrice Total
Repair of roll off containers per hour 573.00 HR
Total Bid Amount:
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 3 of 33
PART — 1
PURCHASING AGREEMENT SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth is seeking quotes from qualified bidders for an annual Agreement
for Solid Waste Container Refurbishments for the Code Compliance Department. All items
shall be quoted per attached specifications.
1.2 This Agreement shall begin on the date stated in the final Contract ("Effective Date") and
shall expire one year from the effective date, ("Expiration Date"), unless terminated earlier
in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term,
the Agreement shall renew automatically under the same terms and conditions for up to
four (4) one-year renewal periods, unless City or Vendor provides the other party with
notice of non-renewal at least 60 days before the expiration of the Initial Term or renewal
period. However, if funds are not appropriated, the City may cancel the Agreement 30
calendar days after providing written notification to the Vendor. The successful bidder(s),
will be known hereafter as "Contractor"/"Vendor."
1.3 Following the award, additional services of the same general category that could have been
encompassed in the award of this Agreement, and that are not already on the Agreement,
may be added.
1.4 Unit prices shall include all associated costs not limited to refurbishment repair, labor, travel
mileage, and fuel charges. No additional charges will be accepted or paid by the City.
1.5 The Contractor shall provide services on an as needed basis, as requested by the City.
2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS
The Contractor hereby agrees to provide the City with requirements attached hereto and
incorporated for all purposes incident to this Agreement in Attachment "G", Scope of
Services/Specifications and Attachment "I", Draft Service Agreement, more specifically describing
the services to be provided hereunder.
3.0 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 forthe 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 impactfuture invoice payments.
4.0 INVOICING REQUIREMENTS
4.1 The City is implementing an automated invoice processing system. Please see Attachment
E for each departmenYs "Go live date" and requirements.
4.2 All invoices should be submitted directly to the requesting department. It is the responsibility
of the Contractor to get the name of the responsible person, telephone numbers and
address of the department at the time the service is requested.
4.3 A properly prepared invoice shall be typewritten or computer printed and shall include the
Contractor's name and federal tax identification number, invoice number, address, date,
service or item description, unit price, extended cost, and City issued purchase order
number. Incomplete or inaccurate invoices may result indelayed payments, as they shall be
returned to the Contractor for correction and re-submittal.
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 4 of 33
4.4 Contractor shall not include Federal Excise, State or City Sales Tax in its invoices. City shall
furnish a tax exemption certificate upon Contractor's request.
5.0 UNIT PRICE ADJUSTMENT
5.1 The unit prices may be adjusted for increases or decreases in Contractor's cost after
completion of each Agreement year upon written request from the Contractor.
5.2 The Contractor must submit its price adjustment request, in writing, at least 60 days before
completion of each Agreement year. The Contractor shall provide written proof of cost
increases with price adjustment request.
5.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves
the right to adjust the rate request, or reject the rate request in its entirety and allow the
Agreement to expire at the end of the Agreement term. If the City elects not to exercise
the renewal option, the Purchasing Division will issue a new solicitation.
5.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
5.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors
in extensions or totals, the unit prices offered will govern.
5.6 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.
5.7 Goods and/or services shall not be suspended by the Contractor without a 30 day prior
written notice to the Purchasing Manager.
6.0 COOPERATIVE PURCHASING
6.1 Should other governmental entities decide to participate in this Agreement, Bidders, shall
indicate in their bid response whether they agree that all terms, conditions, specification,
and pricing would apply.
6.2 If the successful Bidder agrees to extend the resulting Agreement to othergovernmental
entities, the following will apply: Governmental entities within utilizing agreementswith the
City of Fort Worth will be eligible, but not obligated, to purchase material/services under
this Agreement(s) awarded as a result of this solicitation. All purchases by governmental
entities other than the City of Fort Worth will be billed directly tothat governmental entity
and paid by that governmental entity. The City of Fort Worth will not be responsible for
another governmental entity's debts. Each governmental entity will order its own
material/services as needed.
7.0 INSURANCE REQUIREMENTS
7.1 The Contractor shall assume all risk and liability for accidents and damages that may occur
to persons or property during the prosecution of work under this Agreement. The
Contractor shall file with the City of Fort Worth Purchasing Division, prior to the
commencement of services, a certificate of insurance documenting the following required
insurance within five (5) calendar days of notification.
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 5 of 33
7.2 Policies shall have no exclusions by endorsements which nullify the required lines of
coverage, nor decrease the limits of said coverage unless such endorsements are
approved by the City. In the event a contract has been bid or executed and the exclusions
are determined to be unacceptable or the City desires additional insurance coverage, and
the City desires the Contractor to obtain such coverage, the contract price shall be adjusted
by the cost of the premium for such additional coverage plus 10%.
7.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance at
the following limits:
$100,000 Each Accident
$500,000 Disease — Policy limit
$100,000 Disease — Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308
— 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers'
Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease
policy limit and $100,000 per disease per employee.
7.2.2 Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the following: premises/operations,
independent Contractors, products/completed operations, personal injury, and
contractual liability. Insurance shall be provided on an occurrence basis, and as
comprehensive as the current Insurance Services Office (ISO) policy.
7.2.3 Auto Liability Insurance shall be provided as follows:
$1,000,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned.
7.2.4 The Contractor shall furnish the Purchasing Manager, with a certificate of
insurance documenting the required insurance prior to the commencement of
services.
7.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice
of cancellation, material change in coverage, or non-renewal of coverage.
7.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an
additional insured, as its interests may appear (ATIMA).
8.0 ADDITIONAL INSURANCE REQUIREMENTS
8.1 The City, its officers, employees and servants shall be endorsed as an additional insured
on Contractor's insurance policies excepting employer's liability insurance coverage under
Contractor's workers' compensation insurance policy.
8.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 6 of 33
be received before Contractor can begin work. Failure to supply and maintain such
insurance shall be a breach of contract. Contractor shall provide complete copies of all
insurance policies required by this Agreement. Certificates of insurance must be supplied
to:
Attention: Purchasing Division
Financial Management Services Department
Lower Level, City Hall, 200 Texas Street,
Fort Worth, Texas 76102
8.3 Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance policy
shall be endorsed to provide the City a minimum 30 day notice of cancellation, non-
renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall
be acceptable in the event of non-payment of premium.
8.4 Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of A: VII or equivalent measure of financial strength and solvency.
8.5 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
8.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
8.7 Workers' compensation insurance policy(s) covering employees of the Contractor shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
8.8 City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
8.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery.
8.10 While the purchase order is in effect, Contractor shall report, in a timely manner, to the
Purchasing Department any known loss occurrence that could give rise to a liability claim
or lawsuit or which could result in a property loss.
8.11 Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
9.0 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 tocomply.
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 7 of 33
10.0 QUANTITIES
The quantities listed on the bid solicitation are only estimates based on previous usage and do not
indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to
pay for only those materials and services actually ordered by an authorized City employee and then
received as required and accepted by the City.
11.0 PERFORMANCE
Failure of the City to insist in any one or more instances upon performance of any of the terms and
conditions of this Agreement shall not be construed as a waiver or relinquishment of the future
performance of any terms and conditions, but the Contractor's obligation with respect to such
performance shall continue in full force and effect.
12.0 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) calendarday time period may result in the
cancellation of the applicable line item(s) in the price agreement.
13.0 METHOD OF AWARD
13.1 Contractors shall meet the following minimum qualifications in order to be eligible for
further scoring and selection.
13.1.1 Contractors shall have a minimum of three (3) references with excellent rating;
references shall provide experience with welding and refurbishing related
services.
13.1.2 Contractor shall demonstrate, in their proposal, capabilities to meet or exceed
City's technical specifications. These capabilities include, but not limited to,
experience of personnel and documented examples of welding and
refurbishment services.
13.1.3 Contractor shall have a Structural Welding Certification, and shall provide proof
of this with their bid submittal.
13.1.4 Contractor must have a minimum of 5 years prior experience welding and
refurbishing large containers.
13.2 Selection will be based on the qualified Bidder that is determined to be the most
advantageous to the CITY considering the relative importance of the evaluation factors
listed below. Bids that do not receive 50% or more of the total available points excluding
the points for price will be deemed non-responsive.
13.2.1 Cost of Service — Maximum 35 Points available
13.2.2 Contractor's experience and qualifications — Maximum 20 points
13.2.3 Performance record for similar size services — Maximum 20 points available
13.2.3.1 Please refer to section 15.0 Bidders Qualifications — page 9
13.2.4 Extent to which the Contractor's services meet the City's needs — Maximum 25
points available
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 8 of 33
14.0 QUOTATIONS
14.1 Bidders shall submit the following items with their quote:
14.1.1 A completed and signed City of Fort Worth Bid Offer
14.1.2 A completed and signed Conflict of Interest Questionnaire, Attachment A.
14.1.3 A completed Bidder's Contact Information Form, Attachment B.
14.1.4 A completed Reference Sheet providing three (3) references, Attachment C.
14.1.5 A completed Contractor Qualification Questionnaire, Attachment H.
14.1.6 A structural welding certification from two employees assigned to this agreement.
14.1.7 Documentation of any services done of similar sizes to the Scope of Services.
14.2 Failure to submit the items listed in section 14.1 will be grounds for rejection of a quote as
non-responsive to the specifications
15.0 BIDDERS QUALIFICATIONS
15.1 The following information must be submitted as part of the bid package and shall be
supplied in the following order:
15.1.1 Bidder's background, services provided and number of years in business.
15.1.2 Bidders shall provide evidence that they are duly qualified and capable to fulfill
and abide by the requirements listed herein with the bid. The bidder shall
demonstrate its ability to secure and perform the services within the delivery
requirements specified herein.
15.1.3 Bidders shall provide documentation regarding any similar sized services done
in the past.
15.1.4 In order to receive bid award consideration, the bidder shall maintain sufficient
resources to fulfill normal City of Fort Worth requirements.
15.1.5 Bidders shall provide a reference list of a minimum of three (3) current
customers (comparable in size) who the bidder has recently supplied subject
item(s) on a continuing basis over a recent twelve (12) month period.
16.0 QUESTIONS
16.1 Questions, explanations or clarifications desired by a Contractor regarding any part of the
bid must be requested in writing from the Purchasing Division before the closing of March
10, 2021 at 5:OOPM. Interpretations, corrections or changes to the bid made in any
other manner are not binding upon the City, and Contractors shall not rely on such
interpretations, corrections or changes. Oral explanations or instructions given before the
award of the Agreement are not binding.
16.2 IN ORDER FOR THE QUESTION TO BE ANSWERED, ALL QUESTIONS MUST BE
HAND DELIVERED OR SENT BY E-MAIL TO THE ADDRESS BELOW OR FAXED TO
THE TELEPHONE NUMBER BELOW AND MUST BE IDENTIFIED AS LISTED BELOW:
16.2.1 Hand Delivery must be submitted to the City of Fort Worth Purchasing Division
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 9 of 33
200 Texas Street, Fort Worth, Texas 76102
Attention: Taylor Dean, Reference RFQt 21-0056
Please contact the City of Fort Worth Purchasing at 817-392-2462 for pick up.
16.2.2 Email questions to: FMSPurchasingResponses@fortworthtexas.gov
Please include the bid number RFQt 21-0056, name of the bid and Taylor Dean
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.
16.2.3 Facsimile: (817) 392-8440, Attention: Taylor Dean and Bid NO 21-0056,
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 10 of 33
PART 2
STANDARD PURCHASING TERMS AND CONDITIONS
� � � � • ;
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.
1 � � � � • :
The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services, its
officers, agents, servants, employees, Contractors and subContractors who act on behalf of the
entity under a contract with the City of Fort Worth.
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Any information submitted to the City of Fort Worth (the "City") may be requested by a member of
the public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§ 552.002,
552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information,
the Seller listed in the request will be notified and given an opportunity to make arguments to
the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its
information may not lawfully be released. If Seller does not make arguments or the AG rejects the
arguments Seller makes, Seller's information will be released without penalty to the City.
� � �3�IIT 3� �[���I`�'� i»:�'��P�L1 � `II:��.'3�IId���'�
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,
materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee found
guilty thereof shall thereby forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the City Council
shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII,
Section 16, City of Fort Worth Charter)
5.0 RD
5.0 No employees of the Buyer 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 Buyer.
The only exceptions are Purchasing Card orders and emergencies pursuant to Texas
Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies,
the Buyer's Purchasing Division will place such orders.
5.1 Acceptance of an order and delivery on the part of the Seller without an approved contract
number, purchase order number, or release number issued by the Buyer may result
in rejection of delivery, return of goods at the Seller's cost and/or non-payment.
. � : • -_ ._ ••.
Seller will package goods in accordance with good commercial practice. Each shipping container,
shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's
name, address and purchase order or purchase change order number; (c) Container number and
total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the
packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be
suitably packed to secure lowest transportation costs and to conform to requirements of common
carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on
shipments not accompanied by packing lists.
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7.0 SHIPMENT UNDER RESERVATION PROHIBITED
Seller 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
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and
takes possession of the goods at the point or points of delivery after inspection and acceptance of
the goods.
• 1 � � ;_►�Ii; • ■_;�►�
Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are
specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation
costs in the amount specified in Seller's proposals or actual costs, whichever is lower, if the quoted
delivery terms do not include transportation costs; provided, Buyer shall have the right to designate
what method of transportation shall be used to ship the goods.
�� • � ;
The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase
change order, or release order.
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Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being nonconforming
under the specifications.
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12.1 The City is implementing an automated invoice processing system. Please see
Attachment E for each departmenYs "Go live date" and requirements.
12.2 Till implementing automated invoice:
12.2.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Contractor to get the name of the responsible person,
telephone numbers and address of the department's division at the time the
service is requested.
12.2.2 A properly prepared invoice shall be typewritten or computer printed and shall
include the Contractor's name, number and federal tax identification number,
invoice number, address, date, service or item description, unit price, extended
cost, and City issued purchase order number. Incomplete or inaccurate invoices
may result in delayed payments, as they shall be returned to the Contractor for
correction and re-submittal.
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13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller
warrants to be no higher than Seller's current prices on orders by others for products and
services of the kind and specification covered by this agreement for similar quantities
under like conditions and methods of purchase. In the event Seller breaches this warranty,
the prices of the items shall be reduced to the prices contained in Seller's proposals,
or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract
without any liability to Seller for breach or for Seller's actual expense. Such remedies are
in addition to and not in lieu of any other remedies which Buyer may have in law or equity.
13.2 Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or selling
agency that is maintained by Seller for the purpose of securing business. For breach or
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violation of this warranty, Buyer shall have the right, in addition to any other right or rights
arising pursuant to said purchase(s), to cancel this contract without liability and to deduct
from the contract price such commission percentage, brokerage or contingent fee, or
otherwise to recover the full amount thereof.
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Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will
conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and
the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's
specifications, drawings, and descriptions, Buyer's specifications shall govern.
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Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise in accordance with
Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach
and cause this contract to terminate immediately.
. � '��7��7�[���6�������:�
If this purchase is for the license of software products and/or services, and unless otherwise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable,
royalty free license to use the software. This software is "proprietary" to Seller, and is licensed and
provided to the Buyer for its sole use for purposes under this Agreement and any attached work
orders or invoices. The City may not use or share this software without permission of the Seller;
however Buyer may make copies of the software expressly for backup purposes.
1 1 _::_► ► ► : ► 1� ► • ► ':•' :
17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder,
including but not limited to: programs, documentation, software, analyses,
applications, methods, ways, and processes (in this Section each individually
referred to as a"Deliverable" and collectively as the "Deliverables,") do not infringe
upon or violate any patent, copyrights, trademarks, service marks, trade secrets,
or any intellectual property rights or other third party proprietary rights, in the
performance of services under this Agreement.
17.2 SELLER shall be liable and responsible for any and all claims made against the City
for infringement of any patent, copyright, trademark, service mark, trade secret, or
other intellectual property rights by the use of or supplying of any Deliverable(s) in
the course of performance or completion of, or in any way connected with providing
the services, or the City's continued use of the Deliverable(s) hereunder.
17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense,
including the payment of attorney's fees, any claim or action against the City for
infringement of any patent, copyright, trade mark, service mark, trade secret, or
other intellectual property right arising from City's use of the Deliverable(s), or any
part thereof, in accordance with this Agreement, it being understood that this
agreement to indemnify, defend, settle or pay shall not apply if the City modifies or
misuses the Deliverable(s). So long as SELLER bears the cost and expense of
payment for claims or actions against the City pursuant to this section 8, SELLER
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shall have the right to conduct the defense of any such claim or action and
all negotiations for its settlement or compromise and to settle or compromise any
such claim; however, City shall have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect the City's interest,
and City agrees to cooperate with SELLER in doing so. In the 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, SELLER shall fully participate and
cooperate with the City in defense of such claim or action. City agrees to give
SELLER timely written notice of any such claim or action, with copies of all papers
City may receive relating thereto. Notwithstanding the foregoing, the City's
assumption of payment of costs or expenses shall not eliminate SELLER's duty to
indemnify the City under this Agreement. If the Deliverable(s), or any part thereof,
is held to infringe and the use thereof is enjoined or restrained or, if as a result of a
settlement or compromise, such use is materially adversely restricted, SELLER
shall, at its own expense and as City's sole remedy, either: (a) procure for City the
right to continue to use the 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 SELLER, terminate this Agreement,
and refund all amounts paid to SELLER by the City, subsequent to which
termination City may seek any and all remedies available to City under law.
: � • � ► : . • • � •;. •;•.
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes,
methods, programs, and manuals that were developed, prepared, conceived, made or suggested
by the Seller for the City pursuant to a Work Order, including all such developments as are
originated or conceived during the term of the Contract and that are completed or reduced to writing
thereafter (the "Work Product") and Seller acknowledges that such Work Product may be
considered "work(s) made for hire" and will be and remain the exclusive property of the City. To the
extent that the Work Product, under applicable law, may not be considered work(s) made for hire,
Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns
exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may
have in any Work Product or any tangible media embodying such Work Product, without the
necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own
name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its
Contractors hereby waives any property interest in such Work Product.
. � r r �7:7:I;I��'�'�
The City owns and operates a computing environment and network (collectively the "Network"). If
Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other
network application, Seller shall separately execute the City's Network Access Agreement prior to
providing such services. A copy of the City's standard Network Access Agreement can be provided
upon request.
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Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of
Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer
may have in law or equity.
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21.0 TERMINATION
The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of
Termination" specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
22.0 ASSIGNMENT / DELEGATION
No interest, obligation or right of Seller, including the right to receive payment, under this contract
shall be assigned or delegated to another entity without the express written consent of Buyer. Any
attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all
purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller
agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by
Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights,
interests, or obligations to another entity. The documents that may be requested include, but are
not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form
W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any
entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide
necessary information in accordance with this section, Buyer shall not be liable for any penalties,
fees or interest resulting therefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
24.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both parties.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with any
applicable proposal documents published by the Buyer and Seller's Response to such proposal
(the "contract documents"). This Agreement is intended by the parties as a final expression of their
agreement and is intended also as a complete and exclusive statement of the terms of their
agreement. No course of prior dealings between the parties and no usage of trade shall be relevant
to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a
course of performance under this Agreement shall not be relevant to determine the meaning of this
Agreement even though the accepting or acquiescing party has knowledge of the performance and
opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is
used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict
between the contract documents, the order of precedence shall be these Standard Terms and
Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and
Seller have otherwise negotiated a contract, this Agreement shall not apply.
.1 _ _� ►
This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform
Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall
be governed, construed and enforced under the laws of the State of Texas.
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Seller shall operate hereunder as an independent Contractor(s) and not as an officer, agent,
servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to
control, the details of its operations hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees, Contractors and
sub- Contractors. The doctrine of respondeat superior shall not apply as between Buyer and Seller,
its officers, agents, employees, Contractors and subContractors. Nothing herein shall be construed
as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents,
employees, Contractors and subContractors.
28.0 LIABILITY AND INDEMNIFICATION.
28.1 LIABILITY - SELLER 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 SELLER, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
28.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS BUYER), ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING
LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY
INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS
OFFICERS, AGENTS, SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES.
29.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
30.0 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract, then Buyer will immediately notify Seller of such occurrence
and this contract shall be terminated on the last day of the fiscal period for which funds have been
appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions
of annual payments herein agreed upon for which funds shall have been appropriated and
budgeted or are otherwise available.
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Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to
have been delivered three (3) business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing
Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102.
Notices to Seller shall be conclusively determined to have been delivered three (3) business days
following the day such notice is deposited in the United States mail, in a sealed envelope with
sufficient postage attached, addressed to the address given by Seller in its response to Buyer's
invitation to proposals. Or if sent via express courier or hand delivery, notice is considered
received upon delivery.
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� • ► � ��:���C�P�1
This contract is made and entered into with reference specifically to Chapter 17, Article III,
Division 3("Employment Practices"), of the City Code of the City of Fort Worth (1986), as
amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents,
Contractors or subContractors, have fully complied with all provisions of same and that no
employee, participant, applicant, Contractor(s)or subContractor(s)has been discriminated against
according to the terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or
subContractors herein.
� ���� :_ •► �= •►= -
City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing
employment eligibility, employment verification, and nondiscrimination. Contractor shall verify the
identity and employment eligibility of all employees who perform work under this Agreement.
Contractor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies
of all supporting employment eligibility and identity documentation for all employees, and upon
request, provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Contractor shall establish appropriate
procedures and controls so that no services will be performed by any employee who is not legally
eligible to perform such services. Contractor shall provide City with a certification letter that it has
complied with the verification requirements required by this Agreement. 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.
34.0 HEALTH. SAFETY. AND ENVIRONMENTAL REQUIREMENTS
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall
have the right to immediately terminate this Agreement for violations of this provision bySeller.
35.0 RIGHT TO AUDIT
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of
three (3) years after final payment under this contract, and at no additional cost to Buyer, have
access to and the right to examine and copy any directly pertinent books, computer disks, digital
files, documents, papers and records of the Seller involving transactions relating to this contract,
including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees
that the Buyer shall have access, during normal working hours, to all necessary Seller facilities,
and shall be provided adequate and appropriate workspace, in order to conduct audits in
compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any
copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer
shall give Seller reasonable advance written notice of intended audits, but no less than ten (10)
business days.
36.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller
warrants that it and any and all of its 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 Seller or any of its
subContractors. Seller warrants it will fully comply with ADA's provisions and any other applicable
federal, state and local laws concerning disability and will defend, indemnify and hold Buyer
harmless against any claims or allegations asserted by third parties or subContractors against
Buyer arising out of Seller's and/or its subContractor's alleged failure to comply with the above-
referenced laws concerning disability discrimination in the performance of this agreement.
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� � �=l�j��:7X+��I��j���
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations, services rendered or any warranty that arises under this Agreement, the parties shall
first attempt to resolve the matter through this dispute resolution process. The disputing party shall
notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach.
The notice shall state the nature of the dispute and list the party's specific reasons for such dispute.
Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort,
either through email, mail, phone conference, in person meetings, or other reasonable means to
resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection
with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of
receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation
upon written consent of authorized representatives of both parties in accordance with the Industry
Arbitration Rules of the American Arbitration Association or other applicable rules governing
mediation then in effect. If the parties cannot resolve the dispute through mediation, then either
party shall have the right to exercise any and all remedies available under law regarding the dispute.
38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is
prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that 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,
Seller certifies that Seller's signature provides written verification to the City that Seller: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract.
Revised August 31, 2017.
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ATTACHMENT — A
CONFLICT OF INTEREST DISCLOSURE
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 Forms 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 potential
agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available
at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have
with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However,
a signature is required in the #7 box in all cases.
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This queslionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Sessfon. OFFlCEUSEONLY
This qu951ionndire i5 tlBing filed in aCCorddnce with Chdpler 176, Locdl GovernmeM COd6, by d vendOr who Ualc �iccc�ved
has a business relalionship as defined by Section 176.001(1-a) with a local governmenlal entity and ;he
vendor meets requirements under Sectio� 176.006(a).
By law this questoonnaire must be tiled with the records administrator ol lhe local govemmeMal entiry not later
Ihdn thg 7th bUSin@55 ddy df16r th6 ddt@ Ihg vBndOr bBCOmgS dwdf@ Of faCiS thdt r8(�Uirg th@ SldtBm@nt t0 bC
filed. See Section 176.006(a-1 }, Local Govemmenl Code.
A ventlor commits an oflense it the vendor knowingly violates Sedion 776.006, Local Govemment Code. An
oflense under this section is a misdemeanor.
� Name oi vendor who has a business relationship with local governmental entity.
2
� Check this box if you are fili�g an update to a previously filed questionnaire. (The law requires that you file an updated
comple[ed questionnaire with the appropriate filing authority not later than the 7th busmess day after the date on which
you became aware that the origi�ally filed questionnaire was incomplete or inaccurale.)
3 Name of local government officer about whom the intormatlon fs being dlsclosed.
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 176.003(a}(2)(A). Also describe any (amily relationship with the local government ofiicer.
Complete subparts A and 8(or each employment or business relatfonshlp descrfbed. Aftach addNlonal pages to thfs Form
CIQ as necessary.
A. IS lhC IpC81 gOVCrnm@nt Of1iC0r Or a Flmily m0mber Of (he Officer r¢COiving Or IikCly t0 reCeive ldxable inCOme,
other than investment inCome, from the vendor?
� Yes � No
B. Is the vendor receiving or likely to receive taxabte income, other than investment income, from or at the direction
of the local government ofticer or a tamily member ot the officer AND the taxable income is not received from the
local governmental entity?
Q Yes � Na
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with e corporation or
other business e�tity with respect to which the local government oHicer serves as en oHicer or director, or holds an
ownership inlerest of one percent or more.
6
�CheCk thi5 bOx if the vendOr haS given the IOCaI gOvernm¢nt OttiCer Or d family member Of the OfliCer One Or mOre giftS
as described in Sectian 176.003(a}(2)(B), excluding gifts described in Seclion 176.003{a-1).
7
Signalure ol vendor doing business with the governmental emity Date
Form provided by Taxas Ethics Commission www.ethics.state.lx.us Revised t1/30l26t5
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 20 of 33
CONFLICT OF INTEREST �UESTIONNAIRE
For �endor doing business with local go�ernmer�tal entify
Acomplete copy of Chapier 176 of the Local Government Code may be found at htSp:Nwww.siatutesJegis.state.tx.usl
Docs/LG/htmILG.176.htm. Fpr easy reference, below are some of the sections cited on this fprm.
Local Gpvernmen; Cade S 176.p01(i-a1: "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee reguiation �y a federal, state, or local governmental entity or an
agency of a federal, state, or iocai go�ernmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C J a purchase or lease of gppds or services from a persan that is chartered by a state ar federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Governmen! Code S 17fi.4a3(al(2)(A? and (B1:
(a) A local govemment officer shall file a conflicts disclpsure statement with respect to a vendor if:
(2} thevendpr:
(A) has an employment or ot�er business relationship with ihe local governmeni pfficer or a
family member of the officer that results in the officer or family meml�er receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer �ecomes aware that
{i) a contract between tf�e local go�ernmental entity and vendor has �een executed;
or
[ii] the locel governmental entity is considering entering into a contract with the
vendar;
(B) has gi�en to the local government oHicer or a family memper o! the afficer vne nr more gifts
thaF have an aggregate value of more than $100 in the 12•month period preceding the date the
offi�er hecomes aware that:
{i] a contract beriveen the lo�al go�ernmental entity and �endor has been execuFed; flr
[ii} the local go�ernmental entity is considering enEering into a contract with Ehe �endor.
Lncal Go�ernment Cnde § 176.006ia] and [a-1]
(a] A�endor shall file a completed conflict of interest questionnaire if the vendor has a 6usiness relationship
with a lacal go�ernmental entity and:
{1 f has an emplvyment or vther business relationship with a Iocal go�ernment ofticer af that Iocal
go�ernmental entity, or a family memper pf the Qffioer, des�riped by Seotipn 176.��3(a}{2j(A};
{2j has given a local go�ernment afficer of that la�al governmental entity, or a family member of the
officer, vne vr more gifts with the aggregate �alue specified by Section i 78.003{a}[2}{6}, exoluding any
gift described by 5ectivn 176.fl03[a-1 ]; or
(3] has a family relatipnship with a 1pCal gp�ernment aHicer nf that Iocal g��ernmenfal entity.
{a-1) The completed conflict af interest questionnaire must be filed with the apprvpriate records administrator
not later than the seWenth business day after the later of:
{1 ] the date that the �endvr:
[A) begins disoussions or negQtiations to enter inta a contract with the local go�ernmental
0ntity; Or
{8j submits to the local go�ernmental entiFy an application, responseta a request forproposals
vr bids, cvrrespondence, vr another writing reiated to a patential contract with the iocal
go�ernmental entity; or
[2) the date the �endar becvmes aware:
{Aj nf an emplvyment vr pther pusiness relatipnship with a[pCal gv�ernment oHicer, pr a
family member af the oNicer, described by 5ubsection [aJ;
{B} that the vendor has gi�en one or more gifts descri�ed by 5uhsection (a}; or
{C} of a family relationship with a local go�ernment officer.
Form provided by Texas Ethi�s Commission www.ethies.state.tx.us Rewsea 1113d/2015
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 21 of 33
ATTACHMENT — B
BIDDER'S CONTACT INFORMATION
Contractor's Name:
Contractor's Local Address:
Phone: Fax:
Email:
Name of persons to contact when placing an order or billing questions:
Name/Title
Phone: Fax:
Email:
Name/Title
Phone:
Email:
Name/Title
Phone:
Email:
Fax:
Fax:
Name of person to contact for the City to call for immediate repairs when needed:
Name/Title
Phone: Fax:
Email:
Signature Printed Name Date
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 22 of 33
ATTACHMENT — C
REFERENCE SHEET
Please complete and return this form with your bid.
The Contractor shall furnish references for at least three (3) recent customers to whom products and/or
services have been provided that are similar to those required by this solicitation. The City will be the sole
judge of references. Please use additional sheets.
1. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
3
�
3
0
�
0
Fax Number (
Fax Number (
Fax Number (
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 23 of 33
E
�
E
ATTACHMENT — D
HOW TO REGISTER WITH THE CITY OF FORT WORTH
There are two ways that any business can bid on an event with the City of Fort Worth
Access http://fortworthtexas.qov/purchasing/ and view listed Bids & Requests without
registering.
Register to become a Bidder (A bidder is someone that wishes to start doing business
with the City of Fort Worth)
To reqister as a Bidder please follow the below steps usinq Internet Explorer:
Note: if you need assistance within the system while completinq reqistration, there is a
help icon for each section.
Step 1 Access http://fortworthtexas.aov/purchasinq/ and choose Loq In Box under PeopleSoft
Supplier Portal verbiaqe.
PeapleSoft Supplier Porta1
Step 2 On the right side in the PeopleSoft Supplier Portal — Select Registration
Step 3 Select "Register as a Bidder" — Register Now
The field with the asterisks are required.
Step 4 Under SelectActivity Below— select Business or Individual
Step 5 Under Unique ID(W-9/TIN Identification Number)& Company Profile:
Enter the following:
a) W-9/TIN Number - no dashes
b) Legal Entity Name — Generally found on line 1 of your W-9. This name must matched
your W-9/TIN number and be registered with the IRS. To list a DBA use the
additional name field.
Step 6 Under Profile Questions
*****These fields are not text fields****
Complete the following questions by using the calendar and magnifying glass accordingly
for each question. If you are not certain, please answer to the best of your knowledge.
Step 7 Under Standard Industry Codes (These codes will used by the City to notify you for
purchasing opportunities so please choose as many categories that are associated
with your company to ensure you will receive these)
Select the following:
a) SIC Code Type — Use dropdown and select UNSPSC
b) Category Code — Select magnifying glass
c) Lookup Category Code — Under SIC Code Type — Description change "Begins With"
to "Contains" and input a key word that would be associated to your company's
business. This will give you a listing of the categories the City has to choose from.
** TIP: The search is recommended to use the "contains field", in order to search
all cateqory codes associated with vour business. These are broad catepories**
Step 8 Under PrimaryAddress — Complete the following:
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 24 of 33
a) Country
b) Address Lines
c) City
d) County
e) Postal
f) State
g) Email ID ( Email Address)
Step 9 Under Other Addresses — Check any other addresses that correspond to your business
needs, such as if you use a different remit to address from your primary address.
Step 10 Under Company Contacts — Select the Add Contact, Primary Contact — Enter the
following:
a) First Name
b) Last Name
c) Title — Current Job Title
d) Email ID — Email Address
e) Telephone
f) Fax
g) Contact Type (not a text field, please use the drop down to select)
Step 11 - Under User Profile Information — Enter the following
a) Requested User ID — Create a Username
Please do not use special characters in the username such as &,#,$.
b) Enter Description — Current Job Title
c) Language Code
d) Time Zone
e) Currency Code
Step 12 Review email address - Under Terms and Conditions — Select the Terms and
Agreement Hyperlink - Select the box to accept the Terms
Step 13 Click Submit
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 25 of 33
ATTACHMENT — E
AUTOMATED INVOICE PROCESSING
Go live date: 10/28/2019 Go live date: 7/1/2020
PHASE 1 PHASE 2
Business Department Business Department
Unit # Unit #
FW013 FINANCIAL MANAGEMENT SERVICES FW055 AVIATION
FW004 INFORMATION TECHNOLOGY FW002 CITY MANAGERS OFFICE
FW011 CITY SECRETARY
FW007 COMMUNICATION & PUBLIC
ENGAGEMENT
FW008 DIVERSITY & INCLUSION
FW003 PLANNING & DATA ANALYTICS
FW021 PROPERTY MANAGEMENT
Go live date: 3/1/2021 Go live date: 5/1/2021 Go live date: 8/1/2021
PHASE 3 PHASE 4 PHASE 5
Business Business Business
Unit # Department Unit # Department Unit # Department
FW023 CODE FW012 CITY ATTORNEY FW020 TRANSPORTATION
COMPLIANCE & PUBLIC WORKS
FW017 ECONOMIC FW010 CITY AUDITOR FW060 WATER
DEVELOPMENT
FW036 FIRE FW014 HUMAN RESOURCES
FW084 LIBRARY FW019 NEIGHBORHOOD
SERVICES
FW038 MUNICIPAL FW080 PARK & RECREATION
COURTS
FW035 POLICE FW006 DEVELOPMENT
SERVICES
FW025 PUBLIC EVENTS
Effective "Go live date" for each department stated above, send invoices electronically to our centralized
Accounts Payable department invoice email address: supplierinvoices(a�fortworthtexas.gov. This email
address is not monitored so please do not send correspondence to this email address. The sole purpose
of the supplier invoices email address is to receipt and process supplier invoices.
Please include the following on the subject line of your e-mail: Contractor name, invoice number, and PO
number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234)
To ensure the system can successfully process your invoice in an expedient manner, please adhere to the
following requirements:
• All invoices must be either a PDF or TIFF format.
• Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 26 of 33
• One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but
each invoice must be a separate attachment.
• Please do not send handwritten invoices or invoices that contain handwritten notes.
• Dot matrix invoice format is not accepted.
• The invoice must contain the following information:
• Supplier Name and Address;
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit# (i.e. FW013)
• Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding
zeros);
• Invoice number;
• Invoice date; and
Invoices should be submitted after delivery of the goods or services.
***To prevent invoice processing delays, p/ease do not send invoices by mail and email and please
do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov""*
To check on the status of an invoice, p/ease contact the City Department ordering the
goods/services or the Central Accounts Payable Department by email at:
ZZ FIN AccountsPavable(a�fortworthtexas.qov.
If you are unable to send your invoice as outlined above at this time, please send your invoice to our
centralized Accounts Payable department instead of directly to the individual city department. This will
allow the city staff to digitize the invoice for faster processing.
If electronic invoicing is not possible, you may send your paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
The city's goal is to receive 100% of invoices electronically so that all supplier payments are processed
efficiently. To achieve this goal, we need your support!
If you have any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to
ZZ FIN AccountsPayable fortworthtexas.qov.
If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to:
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 27 of 33
ATTACHMENT — F
NO BID SHEET
Taylor Dean, Buyer
Purchasing Division
City of Fort Worth, 200 Texas Street
Fort Worth, Texas 76102
Fax No. 817-392-8440
E-mail address: FMSPurchasingResponses@fortworthtexas.gov
Please check the items that apply:
� Do not sell the item(s) required.
� Cannot be competitive.
� Cannot meet the Specifications highlighted in the attached Bid.
� Cannot provide Insurance required.
� Cannot provide Bonding required.
� Cannot comply with Indemnification requirements.
� Job too large.
� Job too small.
� Do not wish to do business with the City.
� Other reason.
Company Name:
Authorized Officer or Agent Signature:
Telephone: ( ) FAX Number: ( )
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 28 of 33
ATTACHMENT — G
DETAILED SCOPE OF SERVICES/SPECIFICATIONS
1.0 The City of Fort Worth (City) is accepting quotes for an annual Agreement for solid waste container
(roll off container) refurbishments in accordance with the descriptions and specifications listed in this
solicitation.
2.0 The City currently has eighty-one (81) 40 Cubic Yard (CY) roll off containers, five (5) 30CY roll off
containers, and 9 compactors, at various drop off stations located throughout the City that will require
refurbishment on an as needed basis. Additional containers may be added through the life of the
agreement.
3.0 GENERAL REQUIREMENTS
3.1. Contractor shall respond and supply requested services required during regular business hours,
Monday through Friday between 8:00 am and 5:00 pm, within twenty-four (24) hours or less by
mutual agreement from the time the original purchase order is submitted to the Contractor.
3.2. Contractor shall provide, but will not be limited to, the following refurbishment repairs as needed:
3.2.1.
3.2.2.
3.2.3.
3.2.4.
3.2.5.
3.2.6.
3.2.7.
3.2.8.
3.2.9.
3.2.10
3.2.11
3.2.12
3.2.13
3.2.14
3.2.15
3.2.16
3.2.17
3.2.18
3.2.19
3.2.20
3.2.21
3.2.22
3.2.23
3.2.24
3.2.25
3.2.26
3.2.27
3.2.28
3.2.29
3.2.30
Repair small roller
Repair front big roller
Repair rear big roller
Repair back door channel
Repair washer
Repair pin
Weld post
Weld corners
Weld patches per square inch
Repair ladder and/or steps
Repair pin chain
Repair back door spring
Repair lock assembly
Repair handle latch
Repair door latch
Repair door log
Align walls
Weld metal plates
Paint roll off container
Repair galvanized pipes fall protection
Repair/Install metal signage
Remove/Install metal angle
Repair of retention sump grates and stabilizers
Repair of retention pond pumps
Repair of hydraulic fork lift ramp
Refurbishing of Paint Consolidation Machine
Repair and refurbishing of Styrofoam Densifying Machine
Repair of 32 Cubic Yard Compactor
Installation and removal of electrical components for the consolidation machine
Paint Roll off Containers, Compactors and Metal Structures
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 29 of 33
4.0 ROLL-OFF CONTAINER LOCATIONS
4.1. The Contractor shall provide and complete services at the following locations:
4.1.1. Brennan Drop-off Station
2400 Brennan Ave
Fort Worth, Texas 76106
4.1.2. Southeast Drop-off Station
5150 Martin Luther King Freeway
Fort Worth, Texas 76119
4.1.3. Old Hemphill Road Drop-off Station
6260 Old Hemphill Road
Fort Worth, Texas 76134
4.1.4. Hillshire Drop-off Station (North Service Center)
301 Hillshire Drive
Haslet, Texas 76052
4.1.5. Environmental Collection Center (ECC)
6400 Bridge Street
Fort Worth, Texas 76112
5.0 CONTRACTOR REQUIREMENTS
5.1. Contractor must have a minimum of 5 years prior experience welding and refurbishing large
containers.
5.2. Contractor shall be within 20 miles of the Fort Worth area due to services needed within the
next 24 hours of notice. See section 3.1, page 29.
5.3. Contractor shall have at minimum a Structural Welding Certification, and shall provide proof of
this with their bid submittal.
5.4. Contractor shall provide their own welding tools for services. Parts and materials will be
provided through the City.
5.5. Contractor is responsible for contacting the City for the necessary parts to fulfill needed
refurbishments.
5.6. Contractor shall be responsible for the removal of all debris and unused material from City
premises. The Contractor shall leave work areas in a condition similar to or better than the
condition of the area before any work was performed.
5.7. Contractor shall provide a clear and coherent report for the services completed as well as a
report for parts/materials that were not used or needed.
5.8. Contractor shall return all unused parts/materials to the City for future usage.
5.9. Contractor shall only complete services with the parts/materials provided by the City's parts
vendor.
5.10. Contractor shall be able to provide at least two employees with, at minimum, 5 years of
experience welding and refurbishing large containers or similar material/equipment.
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 30 of 33
ATTACHMENT H
CONTRACTOR QUALIFICATION QUESTIONNAIRE
1. Number of years in business under current company name:
a. List any former names your organization has operated under and the
timeframe(s).
If Bidder answers "Yes" for a�n � of questions 2 through 5, Bidder must attach separate sheets with a
brief description or explanation of the answer and provide pertinent contact information (parties' names,
addresses and telephone numbers).
2. Has the Bidder ever defaulted on a contract? � Yes � No
3 Are there currently any pending judgements, claims, or lawsuits � Yes � No
against the Bidder?
4 Does Bidder currently have any pending claims, judgements or � Yes � No
lawsuits against any prior client?
5 Is the Bidder or its principals involved in any bankruptcy or J Yes � No
reorganization proceedings?
6. Has your company had a past relationship with City of Fort Worth?
7. Number of Anticipated Work Crews:
WILL THIS MEMBER
YEARS OF PRIOR BE ABLE TO �/ILL THIS MEMBER
EXPERIENCE PROVIDE A gE AVAILABLE FOR
NUMBER OF WELDING AND STRUCTURAL IMMEDIATE
PROVIDED MEMBERS YEARS WITH THE WELDING
COMPANY REFURBISHING CERTIFICATION? IF RESPONSE?
LARGE YES, PLEASE �WITHIN A 24-HOUR
CONTAINERS PROVIDE WITH BID NOTICE)?
SUBMITTAL
Appointed Member 1 u Yes u No � Yes u No
Appointed Member 2 u Yes u No � Yes u No
Authorized Alternate u Yes u No � Yes u No
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 31 of 33
8. Please provide any applicable Contractor(s) licenses which are currently active and in good standing
with the state of Texas Please use any additional pages if necessary.
a. Name of License
b. License Classification
c. License Code(s)
d. License number
e. Date Issued
f. Expiration Date
g. Name of License
h. License Classification
i. License Code(s)
j. License number
k. Date Issued
I. Expiration Date
9. Please provide your work history and experience with Structural Welding and Waste Container
Refurbishments. Please use additional paper as necessary:
10. Number of years of prior experience welding and refurbishing large containers:
11. Is the Contractor within 20 miles of the Fort Worth area? ❑ Yes - No
12 Will the Contractor be able to provide work within 24 hours of u Yes � No
requested service?
Will the Contractor be able to provide documentation of similar
13. services done in the past? Please refer to section 15.0 Bidders ❑ Yes No
Qualifications — page 9.
14. Please provide a list of equipment that will be used to provide these services. Please use additional
paper as necessary.
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 32 of 33
��� �����
ATTACHMENTI
CONTRACTOR SERVICES AGREEMENT
Draft Service Agreement is attached as a separate document.
RFQt No. 21-0056, Solid Waste Container Refurbishment
Page 33 of 33