HomeMy WebLinkAboutContract 55666CSC No. 55666
CONTRACTOR SERVICES AGREEMENT
No.
This CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into by
and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting
by and through its duly authorized Assistant City Manager, and Fireflv Development LLC dba Fireflv
Earthworks ("Contractor"), an entity authorized to perform wark in Texas, acting by and through its
duly authorized Owner/CEO. This Agreement shall be effective as of the Effective Date established
herein.
AGREEMENT DOCUMENTS:
The additional documents comprising this Contractor Services Agreement shall include the
following:
1. Attachment A— Standard Terms and Conditions, Parts I and II;
2. Attachment B- The City's Invitation to Bid ("ITB"), excluding Part V, Attachments E and F
thereto;
3. Attachment C— Contractor's Response to ITB, specifically Part I-A Bid Solicitation Form;
4. Attachment D— Insurance and Bonds;
5. Attachment E- Verification of Signature Authority Form.
Attachments A- E, are incorporated herein and made a part of this Agreement for all purposes. In
the event of any conflict between the terms and conditions of Attachments A- C and the terms and
conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall
control.
1. SCOPE OF SERVICES
Contractor hereby agrees to provide Services for the City of Fort Worth
Department as per Attachments B and C which more specifically
describe the services to be provided hereunder.
2. TERM
This Agreement is effective as of the date subscribed below by the City's designated Assistant
City Manager ("Effective Date") and shall expire on the immediately following September 30tb ("Initial
Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same
terms and conditions for up to four (4) one-year renewal periods (October 1 to September 30) and for a
fifth renewal period which shall expire on the month and day of the Effective Date creating a five year
total duration. City may elect or Contractor may request a non-renewal by providing the other party with
notice of same at least 60 days before the expiration of the Initial Term or any renewal period.
3. COMPENSATION
City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B.
Total payment made under this Agreement per term shall be the amount of $55,355.00 ("Contract
Amount"). Contractor shall not perform any additional services or bill for expenses incurred for City not
specified by this Agreement unless City requests and approves in writing the additional costs for such
services. City shall not be liable for any additional expenses of Contractor not specified by this
Agreement unless City first approves such expenses in writing.
OFFICIAL RECORD
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Contractor Services Agreement CITY SECRETARY
FT. WORTH, TX
4. TERMINATION/CANCELLATION
Termination: The City reserves the right to terminate this agreement, or any part hereof, with or
without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of
Termination" specifying the extent to which performance of work or the goods to be purchased under the
order is terminated and the date upon which such termination becomes effective.
In the event of such termination, the Contractor shall immediately stop all work hereunder and
shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor
shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to
the notice of termination, plus reasonable charges the Contractor can demonstrate to the reasonable
satisfaction of the City, incurred as a result of the termination. In no event shall the total of all amounts
paid to the Contractor under this section exceed the price stated in the Agreement. The Contractor shall
not be reimbursed for any profit which may have been anticipated, but which have not been earned up to
the date of termination.
Cancellation: City shall have the sole right to cancel this contract prior to the commencement of
work should there be a change in the need for the product or services as determined by the Department
Head or his/her Assistant City Manager.
Non-A�ropriation of Funds: In the event no funds or insufficient funds are appropriated and
budgeted in any fiscal period for payments due under this contract, then City will immediately notify
Contractor of such occurrence and this contract shall be terminated on the last day of the fiscal period for
which funds have been appropriated without penalty or expense to City of any kind whatsoever, except to
the portions of annual payments herein agreed upon for which funds shall have been appropriated and
budgeted or are otherwise available.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION
Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full
disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Contractor hereby agrees immediately to make full disclosure to City in writing.
Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that
it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
Unauthorized Access. Contractor shall store and maintain City Infarmation in a secure manner
and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in
any way. Contractor shall notify City immediately if the security or integrity of any City Information has
been compromised or is believed to have been compromised, in which event, Contractor shall, in good
faith, use all commercially reasonable efforts to cooperate with City in identifying what information has
been accessed by unauthorized means and shall fully cooperate with City to protect such City Information
from further unauthorized disclosure.
6. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Contractor shall operate as an independent Contractor
as to all rights and privileges and work performed under this Agreement, and not as an agent,
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Contractor Services Agreement
representative or employee of City. Subject to and in accordance with the conditions and provisions of
this Agreement, Contractor shall have the exclusive right to control the details of its operations and
activities and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondeat
superior shall not apply as between City, its of�cers, agents, servants and employees, and Contractor, its
officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between City and
Contractor. It is further understood that City shall in no way be considered a co-employer or a joint
employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor.
Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be
entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or
subcontractor.
7. LIABILITY AND INDEMNIFICATION
LIABILITY - CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAI�SED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERi�ANTS
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND
ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE
OF CONTRACTOR, ITS OFFICERS, AGENTS, SER i�ANTS OR EMPLOYEES.
8. ASSIGNMENT
Contractor shall not assign any of its duties, obligations or rights under this Agreement without
the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a
written agreement with City and Contractor under which the assignee agrees to be bound by the duties
and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly liable for all
obligations of Contractor under this Agreement prior to the effective date of the assignment.
9. INSURANCE AND BONDING
Contractor shall provide City with certificate(s) of insurance documenting policies of the types
and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect
prior to commencement of any work pursuant to this Agreement as provided for in Attachments D and D-
1, attached hereto and incorporated herein.
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Contractor Services Agreement
10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS
Contractor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations as set forth in Attachment A, Part II, Section 14. If City notifies
Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately
desist from and correct the violation.
11. NON-DISCRIMINATION COVENANT
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law, including Chapter 17, Article III, Division 3 of the Fort
Worth Code. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES,
ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES
TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD
CITY HARMLESS FROM SUCH CLAIM.
12. NOTICES
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by electronic means with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
To CITY:
City of Fort Worth
Attn :
200 Texas Street
Fort Worth, TX 76] 02-6314
Email:
Phone:
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
13. SOLICITATION OF EMPLOYEES
To CONTRACTOR:
Contractor business name
Firefly Development LLC dba Firefly Earthworks
1120 S Perry Rd
Carrollton, TX 75006
Phone:Ofiice:214-717-1181 Ce11:512-773-0023
Facsimile:
EmaiL Marian,FireflyEarthwarks.com
Neither City nor Contractor shall, during the term of this Agreement and additionally for a period
of one year after its termination, solicit for employment or employ, whether as employee or independent
Contractor, any person who is or has been employed by the other during the term of this Agreement,
without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision
shall not apply to an employee of either party who independently responds to a general solicitation of
advertisement of employment by either party.
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Contractor Services Agreement
14. GOVERNMENTAL POWERS
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
15. NO WAIVER
The failure of City or Contractor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
16. GOVERNING LAW / VENUE
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
17. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
18. FORCE MAJEURE
City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority and/or any other similar causes.
19. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS
No amendment, modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument, which is executed by an authorized representative of each party.
20. ENTIRETY OF AGREEMENT
This Agreement, including its attachments and exhibits, contains the entire understanding and
agreement between City and Contractor, their respective assigns and successors-in-interest, as to the
matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null
and void to the extent in conflict with any provision of this Agreement.
21. WARRANTY
Contractor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. Contractor warrants that it will perfarm all services under this contract in a
safe, efficient and lawful manner using industry accepted practices, and in full compliance with all
applicable state and federal laws governing its activities and is under no restraint or order which would
prohibit performance of services under this contract. Additional specific warranty provision are found in
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Contractor Services Agreement
Attachment A, Part I, Sections 9-13. All warranty provisions shall survive the expiration of this
Agreement.
City shall give written notice of a breach of any warranty within thirty (30) days from the date
that the cause for same is discovered.
22. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is
$100,000 or more, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this contract, Contractor certifies that Contractor's signature provides written
verification to the City that if Chapter 2270, Texas Government Code applies, Contractor: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract.
23. LICENSES AND PERMITS
Contractor certifies that on the day work is to commence under this contract, and during the
duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses
and permits necessary for the provision of services under this contract.
Contractor also certifies that if it uses any subcontractor in the performance of this agreement,
that such subcontractor shall have and maintain current valid and appropriate federal and state licenses
and permits necessary for the provision of services under this contract.
24. HEADINGS NOT CONTROLLING
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to defne or limit the scope of any provision of this
Agreement.
25. REVIEW OF COUNSEL
The parties acknowledge that each party and its counsel have had an opportunity to review and
revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement or its
attachments.
26. COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
27. SIGNATURE AUTHORITY
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted by
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Contractor Services Agreement
proper order, resolution, ordinance or other authorization of the entity. This Agreement and any
amendment hereto, may be executed by any authorized representative of Contractor whose name, title and
signature is affixed on the Verification of Signature Authority Form, which is attached hereto as
Attachment E. Each party is fully entitled to rely on these warranties and representations in entering into
this Agreement or any amendment hereto.
ACCORDINGLY, the parties hereto have duly executed this Agreement and established the
Effective Date as being the date subscribed by the City's designated Assistant City Manager.
CITY OF FORT WORTH: CONTRACTOR:
T��� 3�.��°GL
B�. DanaBurghdoff;Apr29,20 1:40CDT' D�.
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Name: Dana Burghdoff Name: Maria Schneider
Title: Assistant City Manager Title: Owner/CEO
04/29/21 Date: 4-2s-21
Date:
APPROVAL RECOMMENDED:
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vv�iuiar�,�ohns�, (nprzy,zoziis�.zocoT;
By:
Name: William Johnson, Director
Transportation and Public Wnrk��
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ATTEST: �� o °° °°�00 d�
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By. `�����` � v a � _ �
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Name: Mary J. Kayser ��'� °000 000 *�
Title: City Secretary ������EXpS,o,ap
APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER:
�- By signing I acknowledge that I am the person
D81�c1<'.Apr29.202120:55 C�T;
BY� responsible for the monitoring and
Name: Douglas W Black administration of this contract, including
Title: Sr. Assistant City Attorney ensuring all performance and reporting
CONTRACT AUTHORIZATION: requirements.
M&C:
Date:
1295 # �����
By:
Name: Traci Akin
Title: Sr. Administrative Assistant
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Contractor Services Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT A
PART - I
SPECIFIC TERMS AND CONDITIONS
1.0 CHANGE IN COMPANY NAME OR OWNERSHIP
The Contractor shall notify the City's Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The president
of the company or authorized official must sign the letter. A letter indicating changes in a
company name or ownership must be accompanied with supporting legal documentation such as
an updated W-9, documents filed with the state indicating such change, copy of the board of
director's resolution approving the action, or an executed merger or acquisition agreement.
Failure to do so may adversely impact future invoice payments.
2.0 INVOICING REOUIREMENTS
2.1 All invoices should be submitted directly to the contracting Department. It is the
responsibility of the Contractor to obtain the name and contact information of the Department's
project manager to whom invoices shall be submitted.
2.2 A properly prepared invoice shall be typewritten or computer printed and shall include
the Contractor's name, phone number/email address, federal tax identification number, ITB/RFQt
number, invoice number, address, date, service or item description, unit price, extended cost, and
City issued purchase order number. Incomplete or inaccurate invoices may result in delayed
payments, as they shall be returned to the Contractor for correction and r�submittal.
2.3 Under no circumstances will the City be responsible for goods or services provided
without an Agreement signed by an authorized city representative.
3.0 UNIT PRICE ADJUSTMENT
3.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during a
renewal period but not before the effective date of a renewal and only upon written request from
the Contractor.
3.2 The Contractor must submit its price adjustment request, in writing, at least 60 days
before the renewal effective period. The Contractor shall provide written proof of cost increases
with price adjustment request.
3.3 If the City does not accept the proposed rate increase, the City reserves the right to adjust
the rate request, or reject the rate request in its entirety and allow the contract to expire at the end
of the contract term.
3.4 Prices bid or adjusted with a renewal, shall remain firm for each correlative term of the
Agreement.
3.5 Upon expiration of the Agreement term, the successful bidder, agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-
bid an agreement, not to exceed ninety (90) days. Contractor will be reimbursed for this service at
the prior agreement rate(s). Contractor shall remain obligated to the City under all clauses of this
Agreement that expressly or by their nature extends beyond and survives the expiration or
termination of this Agreement.
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Contractor Services Agreement
3.6 Goods and/or services shall not be suspended by the Contractor without a 30 day prior
written notice to the City.
4.0 QUANTITIES
The quantities listed on the Part I-A Bid Solicitation Form are estimates and do not indicate intent
to purchase a certain amount or any amount. The City of Fort Worth is obligated to pay for only
those materials and services actually ordered by an authorized City employee and then received
as required and accepted by the City.
5.0 INSURANCE AND BONDING REOUIREMENTS
Insurance requirements are found in the Agreement, Attachment D.
A valid certificate of insurance shall be provided with the signed Agreement. Failure to provide
such information within five (5) calendar days thereof may be grounds for termination of the
Agreement.
Policies shall have no exclusions by endorsements which nullify the required lines of coverage,
nor decrease the limits of said coverage unless such endorsements are approved by the City. In
the event a contract has been bid or executed and the exclusions are determined to be
unacceptable or the City desires additional insurance coverage, and the City desires the
Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the
premium for such additional coverage plus 10%.
Bonding requirements are described in the Call, Part II, Section 9.2. If said bonds are required,
the forms will be attached to the Agreement as Attachment D-1.
6.0 COMPLAINTS
Complaints processed through the City Purchasing Division are to be corrected within fourteen
(14) days of formal notice of complaint. Written response to the Purchasing Division is required.
Failure to properly resolve complaints within the fourteen (14) calendar day time period may
result in the cancellation of the applicable line item(s) in the price agreement.
7.0 SUBCONTRACTING
Subcontracting of the work under this Agreement will be allowed provided Contractor notifies the
Project Manager at least 24 hours in advance. If Contractor intends to engage a subcontractor(s) to
perform any of its obligations herein, subcontractar(s) shall agree to be bound by the duties and
obligations of Contractor under the Contract as such duties and obligations may apply. Contractor
shall, upon request, provide City with a fully executed copy of any agreement making such
subcontract.
8.0 DELIVERY
8.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in
the unit price. The person placing the order will provide delivery and billing information. No
additional charges for expenses, freight, mileage, time, or similar items will be accepted or paid
by the City.
8.2 There may be instances when the Contractor may be asked to accelerate delivery of an
order or services due to extenuating or emergency circumstances. When this occurs, the
Contractor will be expected to provide this service at no additional cost.
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Contractor Services Agreement
8.3 In the event the Contractor is unable to meet the original delivery date(s), the City must
be contacted immediately, but prior to the due date, and seek an extension of delivery time.
Failure to comply with the delivery terms may be grounds for canceling order(s) or services, or
the entire Agreement.
8.4 Delivery tickets must include the City's Blanket Order Number and the ordering
department's Release Number.
8.5 Delivered items that are determined to be defective or not meeting bid speci�cations shall
be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to the City.
If the item (s) are not picked up within one (1) week after notification, the item shall become a
donation to the City for disposition.
8.6 Material Safety Data Sheets (if applicable)
8.6.1 A Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or
mixture containing such substance, pursuant to Revised Statutes Annotated (RSA)
Chapter 277-A (277-A), shall accompany each delivery. Delivery of toxic or hazardous
substance or mixtures containing such substance without MSDS sheets shall not be
accepted. Delivered containers shall be properly labeled pursuant to RSA 277-A.
8.62 Failure to submit the required MSDS sheets and/or label each container in
accordance with RSA 277-A, shall place the Contractor in non-compliance and shall
result in civil or criminal penalties. The Contractor furnishing substances ar mixtures
subject to RSA 277-A, is responsible for adhering to and being in compliance with this
law. Failure to comply with RSA 277-A, shall result in the cancellation of an order.
9.0 WARRANTIES
9.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the
following:
9.1.1 In addition to any other warranties in this contract, the Contractor warrants that
all work and products supplied under this agreement conforms to the agreement
requirements and is free from any defect in workmanship, equipment, material, or design
furnished by the Contractor or any supplier at any tier.
9.12 Contractor agrees to repair or replace promptly, on a one-for-one basis without
additional cost to the City of Fort Worth, any and all defective work and products. The
City deiines "prompt" repair or replacement to be within twenty- four (24) hours after
notification by authorized City personnel.
9.1.3 This warranty shall continue for a period of 90 days from date of acceptance of
products and work by the City.
9.1.4 The Contractor shall remedy at the Contractor's expense any non-conforming or
defective products or work. In addition, the Contractor shall remedy at Contractor's
expense any damage to real or personal property owned by the City of Fort Worth, when
that damage is the result of a defect of products furnished.
9.1.5 The Contractor's warranty with respect to products repaired or replaced will run
for 90 days from date of installation and acceptance of such by the City.
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Contractor Services Agreement
9.1.6 The City of Fort Worth shall notify the Contractor, within a reasonable time after
the discovery of any failure, defect, or damage.
9.1.7 If the Contractor fails to remedy any failure, defect, or damage within a
reasonable time after receipt of notice, the City of Fort Worth shall have the right to
replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's
expense.
9.1.8 This warranty shall not include failures attributable to accident, fire, or
negligence on the part of City personnel.
9.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for
work performed and materials furnished under this contract, the Contractor shall:
9.2.1 Obtain all warranties that would be obtained in normal commercial practice;
9.22 Enforce all warranties for the benefit of the City of Fort Worth.
10.0 PRICE WARRANTY
10.1 The price to be paid by City shall be that contained in Contractor's proposals which
Contractor warrants to be no higher than Contractor's current prices on orders by others for
products and services of the kind and specification covered by this agreement for similar
quantities under like conditions and methods of purchase. In the event Contractor breaches this
warranty, the prices of the items shall be reduced to the prices contained in Contractor's
proposals, or in the alternative upon Contractor's option, Contractor shall have the right to
cancel this contract without any liability to Contractor for breach or for Contractor's actual
expense. Such remedies are in addition to and not in lieu of any other remedies which
Contractor may have in law or equity.
10.2 Contractor warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or selling agency
that is maintained by Contractor for the purpose of securing business. For breach or violation of
this warranty, City shall have the right, in addition to any other right or rights arising pursuant to
said purchase(s), to cancel this contract without liability and to deduct from the contract price
such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount
thereof.
11.0 PRODUCT WARRANTY
Contractor shall not limit or exclude any express or implied warranties and any attempt to do so
shall render this contract voidable at the option of Contractor. Contractor warrants that the goods
furnished will conform to City's specifications, drawings and descriptions listed in the proposal
invitation, and the sample(s) furnished by Contractor, if any. In the event of a conflict
between City's specifications, drawings, and descriptions, City's specifications shall govern.
12.0 SAFETY WARRANTY
Contractor warrants that the product sold or services provided to City shall conform to the
standards promulgated by the U.S. Department of Labor under the Occupational Safety and
Health Act (OSHA) of 1970, as amended. In the event the product or services do not conform to
OSHA standards, City may return the product for correction or replacement at Contractor's
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Contractor Services Agreement
expense or City may terminate the contract. In the event Contractor fails to make appropriate
correction within a reasonable time, any correction made by City will be at Contractor's expense.
Where no correction is or can be made, Contractor shall refund all monies received for such
goods or services within thirty (30) days after request is made by City in writing and
received by Contractor. Notice is considered to have been received upon hand delivery, or
otherwise in accordance with the Notice provisions of this contract. Failure to make such refund
shall constitute breach and cause this contract to terminate immediately.
13.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
131 If applicable to the services being provided, the CONTRACTOR warrants that all
Deliverables, or any part thereof, furnished hereunder, including but not limited to:
programs, documentation, software, analyses, applications, methods, ways, and processes
(in this Section each individually referred to as a"Deliverable" and collectively as the
"Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service
marks, trade secrets, or any intellectual property rights or other third party proprietary
rights, in the performance of services under this Agreement.
13.2 If applicable to the services being provided, CONTRACTOR shall be liable and
responsible for any and all claims made against the City for infringement of any patent,
copyright, trademark, service mark, trade secret, or other intellectual property rights by
the use of or supplying of any Deliverable(s) in the course of performance or completion of,
or in any way connected with providing the services, or the City's continued use of the
Deliverable(s) hereunder.
13.3 If applicable to the services being provided, CONTRACTOR agrees to indemnify,
defend, settle, or pay, at its own cost and expense, including the payment of attorney's
fees, any claim or action against the City for infringement of any patent, copyright,
trademark, service mark, trade secret, or other intellectual property right arising from
City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it
being understood that this agreement to indemnify, defend, settle or pay shall not apply if
the City modifies or misuses the Deliverable(s). So long as CONTRACTOR bears the cost
and expense of payment for claims or actions against the City pursuant to this section 8,
CONTRACTOR shall have the right to conduct the defense of any such claim or
action and all negotiations for its settlement or compromise and to settle or compromise
any such claim; however, City shall have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City
agrees to cooperate with CONTRACTOR in doing so. In the event City, for whatever
reason, assumes the responsibility for payment of costs and expenses for any claim or
action brought against the City for infringement arising under this Agreement, the City
shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such
claim; however, CONTRACTOR shall fully participate and cooperate with the City in
defense of such claim or action. City agrees to give CONTRACTOR timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall
not eliminate CONTRACTOR's duty to indemnify the City under this Agreement. If the
Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, CONTRACTOR shall, at its own expense and as City's sole remedy, either: (a)
procure for City the right to continue to use the Deliverable(s); or (b) modify the
Deliverable(s) to make them/it non-infringing, provided that such modification does not
Page 12 of 21
Contractor Services Agreement
materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the
Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing
Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is
reasonably available to CONTRACTOR, terminate this Agreement, and refund all
amounts paid to CONTRACTOR by the City, subsequent to which termination City may
seek any and all remedies available to City under law.
14.0 SAFETY
The Contractor shall be responsible for creating and maintaining its own safety plan meeting all
federal, state, county or city laws, ordinances and regulations.
15.0 HAZARDOUS CONDITIONS
The Contractor is required to notify the City immediately of Contractor's discovery of any
hazardous conditions during performance of the services. City may suspend contractor's work for
such reasonable time as is necessary to evaluate the possible hazardous conditions and to develop
a plan for managing same. Contractor and City may negotiate a change order, if necessary, for
Contractor to continue its work if the original conditions have materially changed due to the
discovery of hazardous conditions.
Page 13 of 21
Contractor Services Agreement
PART - II
GENERAL TERMS AND CONDITIONS
1.0 DEFINITION OF CITY
The City of Fort Worth, its officers, agents, servants, authorized employees, contractors and
subcontractors who act on behalf of various City departments, bodies or agencies.
2.0 DEFINITION OF CONTRACTOR
The consultant, service provider(s), supplier, or other provider of goods and/or services, its
officers, agents, servants, employees, contractors and subcontractors who act on behalf of the
entity which is engaged in a contract with the City.
3.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth may be requested by a member of the
public under the Texas Public Information Act. If the City receives a request for a Contractor's
proprietary information, the Contractor listed in the request will be notified and given an
opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding
reasons the Contractor believes that its information may not lawfully be released. If Contractor
does not make arguments or the AG rejects the arguments Contractor makes, Contractor's
information will be released without penalty to the City.
4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of City shall have a financial interest, direct or indirect, in any contract
with City or be financially interested, directly or indirectly, in the sale to City of any land,
materials, supplies or services, except on behalf of City as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee
found guilty thereof shall thereby forfeit his office or position. Any violation of this section
with the knowledge, expressed or implied, of the person or corporation contracting with the City
Council shall render the contract invalid by the City Manager or the City Council.
(Chapter XXVII, Section 16, City of Fort Worth Charter)
5.0 ORDERS
5.1 No employees of the City or its officers, agents, servants, contractors or
subcontractors who act on behalf of various City departments, bodies or agencies are
authorized to place orders for goods and/or services without providing approved contract
numbers, purchase order numbers, or release numbers issued by the City. The only exceptions
are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section
252.022(a)(1), (2), or (3). In the case of emergencies, the City's Purchasing Division will
place such orders.
5.2 Acceptance of an order and delivery on the part of the Contractor without an approved
contract number, purchase order number, or release number issued by the City may result in
rej ection of delivery, return of goods at the Contractor's cost and/or non-payment.
6.0 CONTRACTOR TO PACKAGE GOODS
If applicable to the scope of work, Contractor will package goods in accordance with good
commercial practice. Each shipping container, shall be clearly and permanently marked as
follows: (a) Contractor's name and address: (b) Consignee's name, address and purchase order or
purchase change order number, (c) Container number and total number of containers, e.g., box 1
of 4 boxes; and (d) Number of the container bearing the packing slip. Contractor shall bear the
Page 14 of 21
Contractor Services Agreement
cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest
transportation costs and to conform to requirements of common carriers and any applicable
specifications. City's count or weight shall be �nal and conclusive on shipments not
accompanied by packing lists.
7.0 SHIPMENT UNDER RESERVATION PROHIBITED
Contractor is not authorized to ship the goods under reservation, and no tender of a bill of lading
will operate as a tender of goods.
8.0 TITLE AND RISK OF LOSS
If applicable to the scope of work, the title and risk of loss of the goods shall not pass to City
until City actually receives and takes possession of the goods at the point or points of delivery
after inspection and acceptance of the goods.
9.0 PLACE OF DELIVERY
If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to"
block of the purchase order, purchase change order, or release order.
10.0 RIGHT OF INSPECTION
If applicable to the scope of work, City shall have the right to inspect the goods upon delivery
before accepting them. Contractor shall be responsible for all charges for the return to
Contractor of any goods rejected as being nonconforming under the specifications.
11.0 SOFTWARE LICENSE TO CONTRACTOR
If this purchase is for the license of software products and/or services, and unless
otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive,
nontransferable, royalty free license to use the software. This software is "proprietary" to
Contractor, and is licensed and provided to the City for its sole use for purposes under this
Agreement and any attached work orders or invoices. The City may not use or share this
software without permission of the Contractor; however City may make copies of the software
expressly for backup purposes.
12.0 OWNERSHIP OF WORK PRODUCT
If applicable to the scope of work, Contractor agrees that City shall be the sole and exclusive
owner of all reports, work papers, procedures, guides, and documentation, created, published,
displayed, and/or produced in conjunction with the services provided under this Agreement
(collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all
copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception,
creation or fixation of the Work Product in a tangible medium of expression (whichever occurs
first). Each copyrightable aspect of the Wark Product shall be considered a"work-made-for-hire"
within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a"work-made-for-hire" within the meaning of the
Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive
right, title and interest in and to the Work Product, and all copies thereof, and in and to the
copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may
have or obtain, without further consideration, free from any claim, lien for balance due, or rights
of retention thereto on the part of City. Contractor for itself and on behalf of its contractors
hereby waives any property interest in such Wark Product.
Page 15 of 21
Contractor Services Agreement
13.0 NETWORK ACCESS
The City owns and operates a computing environment and network (collectively the "Network").
If Contractor requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Contractor is required to utilize the Internet, Intranet, email, City database, or
other network application, Contractor shall separately execute the City's Network Access
Agreement prior to providing such services. A copy of the City's standard Network Access
Agreement can be provided upon request.
14.0 LAWS, REGULATIONS, AND ORDINANCES
The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations;
State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws,
ordinances, and regulations for safety of people, environment, and property. This includes, but is
not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions
such as the Environmental Protection Agency (EPA), Occupational Safety and Health
Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the
event any law, regulation or ordinance becomes effective after the start of this Agreement, the
Contractor is required to comply with new policy. Any mandates requiring the City to comply
with new guidelines will also require the Contractor to comply.
15.0 IMMIGRATiON NATIONALITY ACT
Contractor shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form
(I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate
procedures and controls so that no services will be performed by any Contractor employee who is
not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY
AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Contractor, shall have the right to immediately terminate this Agreement for violations
of this provision by Contractor.
16.0 HEALTH. SAFETY. AND ENVIRONMENTAL REOUIREMENTS
Services, products, materials, and supplies provided by the Contractor must meet or exceed all
applicable health, safety, and the environmentallaws, requirements, and standards. In addition,
Contractor agrees to obtain and pay, at its own expense, for all licenses, permits, certificates,
and inspections necessary to provide the products or to perform the services hereunder.
Contractor shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of
this provision byContractor.
17.0 RIGHT TO AUDIT
Contractor agrees that the City, or City's authorized representative, shall, until the expiration
of three (3) years after final payment under this contract, and at no additional cost to City,
have access to and the right to examine and copy any directly pertinent books, computer disks,
digital files, documents, papers and records of the Contractor involving transactions relating to
this contract. Contractor agrees that the City shall have access, during normal working hours,
to all necessary Contractor facilities, and shall be provided adequate and appropriate
Page 16 of 21
Contractor Services Agreement
workspace, in order to conduct audits in compliance with the provisions of this section. City
shall pay Contractor for reasonable costs of any copying in accordance with the standards set
forth in the Texas Administrative Code. The City shall give Contractor reasonable advance
written notice of intended audits, but no less than ten (10) business days.
18.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of ] 990 (ADA),
Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate
on the basis of disability in the provision of services to general public, nor in the availability,
terms and/or conditions of employment for applicants for employment with, or employees of
Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's
provisions and any other applicable federal, state and local laws concerning disability and will
defend, indemnify and hold City harmless against any claims or allegations asserted by third
parties or subcontractors against City arising out of Contractor's and/or its subcontractor's
alleged failure to comply with the above-referenced laws concerning disability discrimination in
the performance of this agreement.
19.0 TIME TO CURE/DISPUTE RESOLUTION
19.1 If either City or Contractor has a claim, dispute, or other matter in question for breach of
duty, obligations, services rendered or any warranty that arises under this Agreement, the parties
shall first provide a reasonable time to cure and then attempt to resolve the matter through this
dispute resolution process. The disputing party shall notify the other party in writing as soon as
practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the
dispute and list the party's specific reasons for such dispute. Within ten (10) business days of
receipt of the notice, both parties shall make a good faith effort, either through email, mail,
phone conference, in person meetings, or other reasonable means to cure, resolve any claim,
dispute, breach or other matter in question that may arise out of, or in connection with this
Agreement. If the parties fail to cure or resolve the dispute within sixty (60) days of the date of
receipt of the notice of the dispute, then the parties may submit the matter to non-binding
mediation upon written consent of authorized representatives of both parties in accordance with
the Industry Arbitration Rules of the American Arbitration Association or other applicable rules
governing mediation then in effect. If the parties cannot resolve the dispute through mediation,
then either party shall have the right to exercise any and all remedies available under law
regarding the dispute.
19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure
any deficiency.
19.3 In the event the Contractor continues with unsatisfactory performance, the department
will promptly notify the appropriate Department Head who may take appropriate action to cure
the performance problem(s).
19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of
Contractor's receipt of notice of same.
19.5 The Contractor will be paid only those sums due and owing under the agreement for
services satisfactorily rendered, subject to offset for damages and other amounts which are, or
which may become, due and owing to the City.
Page 17 of 21
Contractor Services Agreement
ATTACHMENT B
CALL FOR BIDS/PROPOSALS PARTS I- II
(Inserted behind this page)
Page 18 of 21
Contractor Services Agreement
FDRT WURTH,_
CITY OF FORT WORTH BID OFFER
EventlD Page
CFW01-21-0065 1
Event Round Version
1 1
Event Name
ITB-A-Dum Truck Services
Start Time Finish Time
03 03 2021 08:00:00 CST 03/18/2021 13:30:00 CST
Invited: PubIIC Event
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 seeks bids from qualified vendors for an annual agreement to provide dump truck
services on an as-needed basis per the attached Invitation to Bid (ITB).
Terms & Conditions
Pre-bid conference - NONE
Bids will be accepted in person or by mail from 8:30AM-1:30PM on Thursdays at the South End lobby of City
Hall. If the bidder wants to submit earlier, they will need to call Purchasing at 817-392-2462 to make an
appointment for Purchasing to pick up the bid Monday through Friday between 8:OOAM - 4:30PM at the South End
Lobby of City Hall located at 200 Texas Street, Fort Worth Texas 76102.
Bids are solicited for furnishing the equipment as set forth in this solicitation. Completed Bids including
one executed original and one USB flash drive containing electronic versions of all bid documents must be
received in the Purchasing Division by 1:30 P.M. on the date specified in the bid. Bids must be submitted in a
sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Buyer: Laurena
Hamilton. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN
ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102
Cooperative Purchasing:
Should other Governmental entities decide to participate in this contract, would you, the Vendor, agree that
all terms, conditions, specifications, and pricing shall apply (see section 11)? Yes No
SECTION NO. TITLE
PAGE 1 BID OFFER SHEET*" - Cover page of Final Bid Document V1 and attached as separate document
Part II : Instruction to Bidders
Part III : Purchasing Specifications
Part IV : Standard Purchasing Terms and Conditions
*" ATTACHMENT A CONFLICT OF INTEREST QUESTIONNAIRE
*" ATTACHMENT B BIDDER'S CONTACT INFORMATION
"* ATTACHMENT C CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS (IF APPLICAPLE)
*" ATTACHMENT D REFERENCE SHEET
ATTACHMENT E HOW TO REGISTER WITH THE CITY OF FORT WORTH
ATTACHMENT F AUTOMATED INVOCING SCHEDULE
"* ATTACHMENT G NO BID SHEET (IF APPLICABLE)
ATTACHMENT H DETAILED SCOPE OF WORK/SPECIFICATIONS
ATTACHMENT I VENDOR SERVICE AGREEMENT DRAFT
"* ATTACHMENT K EXCEL CHECKLIST
"*ALL DOCUMENTS WITH ** MUST BE COMPLETEY FILLED IN AND RETURNED WITH BID **
* Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as if
they were incorporated in full text. The full text versions of the * Sections are available on the Internet
at the following online address: http://fortworthtexas.gov/purchasing
ITB-A 21-0065 Dump Truck Services
Page 1 of 57
FDRT WURTH,_
CITY OF FORT WORTH BID OFFER
EventlD Page
CFW01-21-0065 2
Event Round Version
1 1
Event Name
ITB-A-Dum Truck Services
Start Time Finish Time
03 03 2021 08:00:00 CST 03/18/2021 13:30:00 CST
Invited: PubIIC Event
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.
Company Name:
Company Address:
City, State, Zip:
Vendor Registration No.
Printed Name of Officer orAuthorized Representative:
Signature of Officer or Authorized Representative:
Date:
Email Address:
Phone Number:
ITB-A 21-0065 Dump Truck Services
Page 2 of 57
FDRT WURTH,_
CITY OF FORT WORTH BID OFFER
EventlD Page
CFW01-21-0065 3
Event Round Version
1 1
Event Name
ITB-A-Dum Truck Services
Start Time Finish Time
03/03/2021 08:00:00 CST 03/18/2021 13:30:00 CDT
Invited: ACTION EXCAVATING INC
6824 OAKCREST DR W
FORT WORTH TX 76140
United States
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
Dump Truck Services 650.00 HR
Regular Hours Mon- Fri 7:OOAM- 6:00 PM
Line: 2
Description:
Dump Truck Services
Non-Regular Hours Mon- Fri 6:01 PM- 6:59AM
Qty Unit UnitPrice
1.00 HR
Total Bid Amount
ITB-A 21-0065 Dump Truck Services
Page 3 of 57
Total
Attachment K
ITB-A-21-0065 Dump Truck Services
Vendor Name:
Documentation Check Sheet
YES/NO Page number
Signed Cover Sheet
Price Sheet
Attachment A Conflict of
Interest
Attachment B Contact
information
Attachment C
local Consideration
Attachment D Reference
Sheet
Attachment J
Questionnaire
Demonstration of Method
of Charges
Demonstration of
Timliness/Response time
Years In business
Number of trucks in fleet
ITB-A 21-0065 Dump Truck Services
Page 4 of 57
PART - II
INSTRUCTION TO BIDDERS
��•»r�rr_�rr•�►�
1.1 Review of Documents: Bidders are expected to examine all documents that make up
the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity,
inconsistency or error that they may discover upon examination of the Solicitation.
Bidders must use a complete Solicitation to prepare Bids. The City assumes no
responsibility for any errors or misrepresentations that result from the useof incomplete
Solicitations.
1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The
location and phone number for the Purchasing Division are specified in theadvertisement
and in the solicitation.
1 � � � • • ; � ; • �
2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of
the Solicitation must be requested in writing from the Purchasing Division with sufficient
time allowed for a written addendum to reach each Bidder before the submission of their
Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner
are not binding upon the City, and Bidders shall not rely upon such interpretations,
corrections or changes. Oral explanations or instructions given before the award of the
Contract are not binding.
2.2 Requests for explanations or clarifications maybe faxed to the City's Purchasing Division
at (817) 392-8440. The fax must clearly identify the Buyer's name and the Solicitation
number. Any material information given to one Bidder concerning a Solicitation will be
furnished by an Addendum to all Bidders who have been issued a Solicitation.
2.3 Unauthorized Communications: Bidders' contact regarding this Invitation to Bid (ITB)
with employees or officials of the City other than the Purchasing Manager, the Minority
and Women Business Enterprise (M/WBE) Office, or as otherwise indicated in the ITB is
prohibited and may result in disqualification from this procurement process. No officer,
employee, agent or representative of the Respondent shall have any contact or
discussion, verbal or written, with any members of the City Council, City staff or City's
consultants, or directly or indirectly through others, seek to influence any City Council
member, City staff, or City's consultants regarding any matters pertaining to this
solicitation, except as herein provided. Any violation of this prohibition may result in the
Respondent being disqualified from the procurement process. Any oral communications
are considered unofficial and non-binding with regard to this ITB.
� : � �► : ►
NONE
� ; ; •� • .
Each Bidder must furnish all information required by a Solicitation on the documents provided.
Bids submitted on other than the forms included in the Solicitation shall be considered non-
responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in
rejection of the Bid.
4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State,
and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder
should request a Tax Exemption Certificate from the Purchasing Division. Underno
ITB-A 21-0065 Dump Truck Services
Page 5 of 57
circumstances shall the City be liable to pay taxes for which the City has an exemption
under any Contract.
4.2 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are
acceptable, the Bidder may offer an "equal" product and must be prepared to
demonstrate those features that render it equal. Final determination of a product as
"equal" remains with the City.
4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar
days. Time is of the essence in any City purchase. If the indicated date cannot be met
or the date is not indicated, the Bidder shall state its best deliverytime.
4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid
and Allowed. The Bidder should quote its lowest and best price, with the goods delivered
to the place specified, at the Bidder's expense and risk, and there tender delivery to the
City. Bids offering any other delivery terms are not acceptable and may be cause for
rejection.
4.5 Prices:
4.5.1 Bids shall be firm priced offers unless otherwise specified.
4.5.2 Pricing shall be entered on the Bid Sheet in ink.
4.5.3 Totals shall be entered in the "Total Price" column of the Bid Sheet.
4.5.4 In the event of a discrepancy between unit price and extended price, the unit
price shall govern.
4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal
fractions thereof).
4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature.
Any change made to the Bid must be initialed by the Bidder.
4.7 Bid Security - Omitted.
4.8 Alternate Bids - Omitted
4.9 Proprietary Information:
4.9.1 All material submitted to the City becomes public property and is subject tothe
Texas Open Records Act upon receipt.
4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each
page must be identified and marked proprietary at time of submittal. The City
will, to the extent allowed by law, endeavor to protect such information from
disclosure. The final decision as to information that must be disclosed lies with
the Texas Attorney General.
4.9.3 Failure to identify proprietary information will result in all unmarkedsections
being deemed non-proprietary and available upon publicrequest.
4.10 Bid Preparation Costs: All costs associated with preparing a Bid in response to a
Solicitation shall be borne by the Bidder.
4.11 Payments: All payment terms shall be "Net 30 Days" unless otherwise specified inthe
bid document.
ITB-A 21-0065 Dump Truck Services
Page 6 of 57
4.11.1 Successful bidders are encouraged to register for direct deposit payments prior
to providing goods and/or services using the forms posted on the City's website
at http://www.fortworthgov.org/purchasinq/, click on "Automated Clearing House
Setup 4.11.1 Successful bidders are encouraged to register fordirect deposit
payments prior to providing goods and/or services by following the directionsand
completing the process posted on the City's website at
https://www.fortworthtexas.qov/departments/finance/purchasinq/ach.
� :�i �► � : �
5.1 Bid document: Unless otherwise specified, Bidders are required to submit asigned
executed original and one scanned copy in flash drive. Bids must be submitted in a
sealed envelope with the bid number written on the outside of theenvelope.
5.2 Documents required with Bid: The following documents must be submitted witheach
Bid prior to the Due Date:
5.2.1 The completed and signed first page of thisdocument;
5.2.2 The Price Offer in Bid Solicitation Sheet(s); and
5.2.3 Any other document included in the Solicitation requiring completion orexecution
by the Bidder.
5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and returningthe
Addendum with the Bid if requested or under separate cover prior to the Due Date and
Time. Addenda containing bid pricing should be returned in a sealed envelope marked
on the outside with the Bidder's name, address, the Solicitation number, and the Due
Date and time.
5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and
Time. All Bids received after the Due Date and Time are considered late and will be
returned to the Bidder unopened. The time stamp clock on the receptionisYs desk in the
Purchasing Division is the time of record. It is the sole responsibility of the Bidder to
ensure timely delivery of the Bid to the Purchasing Division. The City will not be
responsible for failure of service on the part of the U.S. Postal Office, couriercompanies,
or any other form of delivery service chosen by the Bidder. Bids delivered to a City
location other than the Purchasing Division will not be considered. The Bid must be
received by the Purchasing Division and stamped before deadline to beconsidered.
. 1 ��•� •► •: / . �;1 1 _ • �
6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date.
6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided thatthe
facsimile is signed by the Bidder) at any time prior to the Due Date. A Bid may also be
withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date.
A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after
the Due Date without forfeiture of the Bid guarantee, unless there is a material error in
the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the
Due Date. The City may require proof of agency from the person withdrawing a bid.
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The Purchasing Division representative responsible for opening Bids shall personally and publicly
open all Bids timely received, reading each bid aloud.
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8.0 EVALUATION FACTORS AND AWARD
8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless
otherwise specified). However, the City may evaluate and award the Contract for any
item or group of items shown on the Solicitation, or any combination deemed most
advantageous to the City. Bids that specify an "all or none" award may be considered if a
single award is advantageous.
8.2 Award. The Method of Award is detailed in Section 19 in Part 3 Purchase Agreement
Specifications.
8.3 Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order or a
Contract. Subsequent purchase releases may be issued as appropriate. The contents of
a Bid shall become a part of the Contract. Under no circumstances will the City be
responsible for Goods or Services provided without an acceptance signed by an
Authorized City Representative.
8.4 Reservations: The City expressly reserves the rightto:
8.4.1 Specify approximate quantities in the Solicitation;
8.4.2 Extend the Solicitation opening date and time;
8.4.3 Consider and accept alternate Bids, if specified in the Solicitation, when most
advantageous to the City;
8.4.4 Waive as an informality, minor deviations from specifications provided they do
not affect competition or result in functionally unacceptable goods orservices;
8.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor
informality is one that does not affect the competitiveness of the Bidder);
8.4.6 Add additional terms or modify existing terms in the Solicitation;
8.4.7 Reject a bid because of unbalanced unit prices bid;
8.4.8 Reject or cancel any or all Bids;
8.4.9 Reissue a Solicitation;
8.4.10 Procure any item by other means; and/or
8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and
secondary vendors.
9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS
9.1 Certificates of Insurance: When insurance is required, the successful Bidder must
provide Certificates of Insurance in the amounts and for the coverages required to the
Purchasing Office within 14 calendar days after notification of award, or as otherwise
required by the Solicitation.
9.2 Payment and/or Performance Bonds: When Payment and/or Performance Bonds are
required, the successful Bidder must provide the bonds, in the amounts and on the
conditions required, within 14 calendar days after notification of award, or as otherwise
required by the Solicitation.
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9.3 Minority Business Enterprise (MBE) Documents: If an MBE goal has been established
for the bid, the applicable documents must be submitted by all bidders wishing to
continue in the bid evaluation process within two (2) City business days after the bid
opening date, exclusive of the bid opening date, to the City location specified in the bid.
Bidders shall obtain a receipt from the appropriate department as evidence that the City
received the documentation.
9.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be
approved by the City Council before execution, the successful bidder is required to
complete the Certificate of Interested Parties Form 1295 and submit the form to the
Purchasing contact listed in the solicitation before the purchase/contract will bepresented
to the City Council. The form may be completed at
httas://www.ethics.state.tx.us/whatsnew/elf info form1295.htm.
1 1 • ; • - • � ;
10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation
process or the bid award if they believe that there has been any impropriety or unfair
criteria in the process.
10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14days
after the vendor knows, or should have known, of the facts relating to the proposed
action or award.
10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a
purchasing action through telephone discussions, mail, email or in person meetingswith
the protesting vendor.
10.4 After discussions or meetings, the Purchasing Manager or designee will issue adecision
in writing, state the reasons for the action taken and inform the protesting vendor of the
right to review by a panel made up of City staff.
10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of
the operating department, the Purchasing Manager and any other appropriatepersonnel
or employees of the operating department.
10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which
the vendor does not agree, the protesting vendor will be invited to attend the City Council
meeting at which the recommended award is to be presented to the City Council and
make known his/her concerns. The protesting vendor will be instructed to arrive prior to
the start of the City Council meeting and complete a card requesting to speakconcerning
the particular Mayor and Council Communication document (M&C) inquestion.
10.6.1 Vendors wishing to speak before the City Council should review the rules for
registering to appear before City Council located at:
http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's
website.
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11.1 Should other governmental entities decide to participate in this contract, bidder, shall
indicate in their proposals whether they agree that all terms, conditions, specification, and
pricing would apply.
11.2 If the successful bidder agrees to extend the resulting contract to other governmental
entities, the following shall apply: Governmental entities within utilizing Contracts withthe
City of Fort Worth shall be eligible, but not obligated, to purchase material/services under
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this contract(s) awarded as a result of this solicitation. All purchases by governmental
entities other than the City of Fort Worth shall be billed directly to that governmental
entity and paid by that governmental entity. The City of Fort Worth shall not be
responsible for another governmental entity's debts. Each governmental entity shall
order its own material/services as needed
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PART - III
SCOPE OF SERVICES/SPECIFICATIONS
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1.1 The City of Fort Worth (City) seeks bids to finalize an Agreement to provide dump truck
services as described herein on an as needed basis for City Departments. The City has
the option to award multiple agreements to provide full coverage of service for the City.
The successful bidder(s), known hereafter as "" Contractor"/Vendor."
1.2 This Agreement shall begin on the date stated in Customer Service Agreement
("Effective Date") and shall expire on upcoming September 30th, ("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 (October 1 toSeptember
30) and for a fifth renewal period which shall expire on completion of total five-year
duration, 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, iffunds
are not appropriated, the City may cancel the Agreement 30 calendar days after
providing written notification to the 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 based on the discount bid and price sheet provided with the
bid.
1.4 Unit prices shall include all costs associated with the specified work, including but not
limited to handling, delivery, fuel charges, fees and certifications fees. No additional
charges will be accepted or paid by the City.
1.5 All items supplied resulting from this bid shall be of recent production, unused, and
suitable for their intended purpose.
1.6 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
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The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated
for all purposes incident to this Agreement in Attachment "H", Scope of Services/Specifications,
more specifically describing the services to be provided hereunder.
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3.1 The Vendor shall notify the City's Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
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4.1 The Vendor 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 Vendor is
required to comply with new policy. Any mandates requiring the City to comply with new
guidelines will also require the Vendor to comply.
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5.1 The City is implementing an automated invoice processing system. Pleasesee
Attachment F for each departmenYs "Go live date" and requirements.
5.2 Till implementing automated invoice:
5.2.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Vendor to get the name of the responsible person, telephone
numbers and address of the departmenYs division at the time the service is
requested.
5.2.2 A properly prepared invoice shall be typewritten or computer printed and shall
include the Vendor'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 Vendor for correction and
re-submittal.
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6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the
renewal period but before the effective date of the renewal upon written request from the
Vendor.
6.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before
the renewal effective period. The Vendor shall provide written proof of cost increases
with price adjustment request.
6.3 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 contract to expire at the end of the contract term. If the City elects not to
exercise the renewal option, the Purchasing Division will issue a newsolicitation.
6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall includeall
associated freight and delivery costs.
6.5 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.
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6.6 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. Vendor will be reimbursedfor
this service at the prior agreement rate(s). Vendor 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 thisAgreement.
6.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior
written notice to the City.
7.0 QUANTITIES
7.1 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 theCity.
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8.1 The Vendor 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. TheVendor
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.
8.1.1 Failure to provide such information within five (5) calendar days may be grounds
for Agreement termination.
8.2 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 Vendor to obtain such coverage, the contract price
shall be adjusted by the cost of the premium for such additional coverage plus 10%.
8.2.1 Statutory Workers' Compensation Insurance and Employer's Liabilitylnsurance
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.
8.2.2 Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided asfollows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
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Coverage shall include but not be limited to the following: premises/operations,
independent vendors, 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.
8.2.3 Auto Liability Insurance shall be provided asfollows:
$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.
8.2.4 The Vendor shall furnish the Purchasing Manager, with a certificate ofinsurance
documenting the required insurance prior to the commencement ofservices.
8.2.5 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.
8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an
additional insured, as its interests may appear(ATIMA).
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9.1 The City, its officers, employees and servants shall be endorsed as an additional insured
on Vendor's insurance policies excepting employer's liability insurance coverage under
Vendor's workers' compensation insurance policy.
9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit
must be received before Vendor can begin work. Failure to supply and maintain such
insurance shall be a breach of contract. Vendor shall provide complete copies of all
insurance policies required by this Agreement. Certificates of insurance must besupplied
to:
Financial Management Services Department
Attention: Purchasing Division Bid # 21-0065
200 Texas Street, Fort Worth, Texas 76102
9.3 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.
9.4 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.
9.5 Deductible limits, or self-funded retention limits, on each policy must notexceed
$10,000.00 per occurrence unless otherwise approved by the City.
9.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools orrisk
retention groups. The City must approve in writing any alternativecoverage.
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9.7 Workers' compensation insurance policy(s) covering employees of the Vendor shall be
endorsed with a waiver of subrogation providing rights of recovery infavor of the City.
9.8 City shall not be responsible for the direct payment of insurance premium costsfor
Vendor's insurance.
9.9 Vendor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by Cityshall
not be called upon to contribute to loss recovery.
9.10 While the purchase order is in effect, Vendor shall report, in a timely manner, to the
Purchasing Department any known loss occurrence that could give rise to a liabilityclaim
or lawsuit or which could result in a property loss.
9.11 Vendor's liability shall not be limited to the specified amounts of insurance required
herein.
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10.1 Failure of the City to insist in any one or more instances upon performance of any ofthe
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 Vendor's
obligation with respect to such performance shall continue in full force and effect.
11.0 COMPLAINTS
11.1 Complaints processed through the City Purchasing Division are to be corrected within
fourteen (14) days of formal notice of complaint. Written response to the Purchasing
Division is required. Failure to properly resolve complaints within the fourteen (14)
calendar day time period mayresult in the cancellation of the applicable line item(s) in the
price agreement.
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12.1 No subcontracting of the work under this Agreement will be allowed without written
permission from the City.
13.0 DELIVERY
13.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the
unit price. The person placing the order will provide delivery and billing information. No
additional charges for expenses, freight, mileage, time, or similar items will be accepted
or paid by the City.
13.2 There may be instances when the Vendor may be asked to accelerate delivery of an
order(s) due to extenuating circumstances. When this occurs, the Vendor will be
expected to provide this service at no additional cost.
13.3 In the event the Vendor is unable to meet the original delivery date(s), the City mustbe
contacted immediately, but prior to the due date, and seek an extension of delivery
time. Failure to comply with the delivery terms may be legal grounds for canceling an
order(s), or the entire Agreement in accordance with the Termination Clause shown
elsewhere in the solicitation.
13.4 Delivery tickets must include the City's Blanket Order Number and theordering
department's Release Number.
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13.5 Delivered items that are determined to be defective or not meeting bid specifications shall
be picked up and replaced by the Vendor, or the Vendor's designee, at no cost to the
City. If the item (s) are not picked up within one (1) week after notification, the item shall
become a donation to the City for disposition.
13.6 Material Safety Data Sheets
13.6.1 A Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or
mixture containing such substance, pursuant to Revised Statutes Annotated
(RSA) Chapter 277-A (277-A), shall accompany each delivery. Delivery of toxic
or hazardous substance or mixtures containing such substance without MSDS
sheets shall not be accepted. Delivered containers shall be properly labeled
pursuant to RSA 277-A.
13.6.2 Failure to submit the required MSDS sheets and/or label each container in
accordance with RSA 277-A, shall place the Vendor in non-compliance and shall
result in civil or criminal penalties. The Vendor furnishing substances or mixtures
subject to RSA 277-A, is responsible for adhering to and being in compliance
with this law. Failure to comply with RSA 277-A, shall result in the cancellation of
an order.
14.0 WARRANTY
14.1.1 The Vendor shall provide a warranty to include at a minimum, but not limitedto
the following:
14.1.2 In addition to any other warranties in this contract, the Vendor warrants that all
work and products supplied under this agreement conforms to the agreement
requirements and is free from any defect in workmanship, equipment, material, or
design furnished by the Vendor or any supplier at any tier.
14.1.3 Vendor agrees to repair or replace promptly, on a one-for-one basis without
additional cost to the City of Fort Worth, any and all defective work and products.
The City defines "prompt" repair or replacement to be within twenty- four (24)
hours after notification by authorized City personnel.
14.1.4 This warranty shall continue for a period of 90 days from date of acceptanceof
products and work by the City.
14.1.5 The Vendor shall remedy at the Vendor's expense any non-conforming or
defective products or work. In addition, the Vendor shall remedy atVendor's
expense any damage to real or personal property owned by the City of Fort
Worth, when that damage is the result of a defect of productsfurnished.
14.1.6 The Vendor's warranty with respect to products repaired or replaced will runfor
90 days from date of installation and acceptance of such by theCity.
14.1.7 The City of Fort Worth shall notify the Vendor, within a reasonable time afterthe
discovery of any failure, defect, ordamage.
14.1.8 If the Vendor fails to remedy any failure, defect, or damage within a reasonable
time after receipt of notice, the City of Fort Worth shall have the right toreplace,
repair, or otherwise remedy the failure, defect, or damage at the Vendor's
expense.
14.1.9 This warranty shall not include failures attributable to accident, fire, ornegligence
on the part of City personnel.
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14.1.10 With respect to all warranties, expressed or implied, from manufacturers, or
suppliers for work performed and materials furnished under this contract, the
Vendor shall:
14.1.11 Obtain all warranties that would be obtained in normal commercialpractice;
14.1.12 Enforce all warranties for the benefit of the City of FortWorth.
15.0 SAFETY
15.1 The Vendor 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 licenses, 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).
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16.1 The Vendor is required to notify the City immediately of any hazardous conditionsand/or
damage to City property.
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17.1 Contract administration will be performed by the City Department. In the event the
Vendor fails to perform according to the terms of the agreement, The Department head or
his/her designee will notify the Vendor, in writing, of its failures. A meeting may be
arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared
giving the Vendor 14 calendar days to cure any deficiency.
17.2 In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Purchasing Manager who will take appropriate action to cure the
performance problem(s), which could include cancellation, termination for convenienceor
default. If the agreement is terminated for default, the Vendor may be held liable for
excess cost and/or liquidated damages.
17.3 The Vendor will be paid only those sums due and owing under the agreement for
services satisfactorily rendered, subject to offset for damages and other amountswhich
are, or which may become, due and owing to the City.
17.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Vendor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and subVendors
to cease work. Subject to the terms of this agreement, the Vendor shall be paid a
percentage of the agreement price reflecting the percentage of the work performed prior
to the notice of termination, plus reasonable charges the Vendor can demonstrate to the
satisfaction of the City using its standard record keeping system, have resulted from the
termination. However, in no event shall the total of all amounts paid to theVendor exceed
the agreement price. The Vendor shall not be reimbursed for any profits which may have
been anticipated, but which have not been earned up to the date oftermination.
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18.1 The following information must be submitted as part of the bid package and shall be
supplied in the following order:
18.1.1 Bidder's background, services provided and number of years in business.
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18.1.2 Bidders shall provide evidence that they are duly qualified and capable tofulfill
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.
18.1.3 In order to receive bid award consideration, the bidder shall maintainsufficient
resources to fulfill normal City of Fort Worth requirements.
18.1.4 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.
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19.1.1 Bids will be evaluated based on the bidder who offers represents the "bestvalue"
to the City. Bids that do not receive 50% or more of the total available points
excluding the points for price will be deemed nonresponsive. The following
criteria will be considered to determine the bestvalue:
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: : _ _►� •: ► _ : �► _ •► � . � _: �i ►
19.1.2 Pricing evaluation — Maximum points available =40
19.1.3 Stability— how many years in business - Maximum points available =5
19.1.3.1 One point for each year in business.
19.1.4 References - Maximum points available =5
19.1.1.1 5 points = 5 similar size or bigger and good;
19.1.1.2 4 points = 4 similar size or bigger and good 1 smaller entity
19.1.1.1 3 points = 3 similar size or bigger and good 2 smaller entities
19.1.1.1 2 points = 2 similar size or bigger and good 3 smaller entities
19.1.1.2 1 points = 1 similar size or bigger and good 4 smaller entities,
19.1.1.3 0 reference will be Opoints
19.1.2 Response Time - Maximum points available =25
19.1.2.1 2 hour dispatch 25 points, 4 hour dispatch 10 points, 24 hour dispatch
5 points
19.1.2.2 Dispatch time is the amount of time that the supplier receives
the request for trucking services and they are received at the
work site and ready to be used or services begin billing to the
City of Fort Worth.
19.1.3 Number of trucks in the fleet - Maximum points available =2D
19.1.3.1 20+ trucks = 20 points, 15+ trucks =10 points, 10+ trucks = 5 points
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19.1.4 Method of Charges - Maximum points available =5
19.1.4.1 5 points = included with bid,
19.1.4.2 0 points = not included in bid.
19.1.4.3 Billing statement sent to the City of Fort Worth employee with the
authority to put in a request from thesupplier.
19.1.5 In order for the City to receive adequate coverage on its requirements as
specified in the solicitation, the City reserves the right to make multipleawards.
19.1.6 The City reserves the right to accept or reject in whole or in part any or all bids
received and to make an award on the basis of individual item, combination of
items, or overall bid, as it is deemed in the best interest of theCity.
19.1.7 The City also reserves the right to reject the bid of a bidder who has previously
failed to perform properly or complete on time agreements of a similarnature.
19.1.8 Any Bid that does not include a bid for ALL of the items, on the Bid Solicitation
form may be rejected. The bid award will be based on a best value model. The
evaluation factors listed above will be applied in a comparative manner to all
eligible, responsive bids. Award may be made without discussion will Bidders
after bids are received. Bids should, therefore, be submitted on the most
favorable terms.
19.2 Tentative Schedule of Events:
ITB Release Date March 3, 2021
Deadline for Questions March 10, 2021 at 4:30 PM
Answers Posted March 12, 2021
ITB Due Date March 18, 2021 by 1:30 PM
Recommended Vendor Selection March 30, 2021
20.0 BIDS
20.1 Bidders shall submit the following items with their bid:
20.1.1 A completed and signed original Invitation to Bid (ITB) form;
20.1.2 A completed and signed original Bid Solicitation form;
20.1.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A;
20.1.4 A completed Bidder's Contact Information Form, Attachment B;
20.1.5 A completed Consideration of Location of Bidder's Principal Place of Business,
Attachment C, if applicable;
20.1.6 A completed Reference Sheet, Attachment D;
ITB-A 21-0065 Dump Truck Services
Page 19 of 57
20.1.7 All items listed in Section 18.0, Bidder Qualifications;
20.1.8 Scanned copy of all documents listed in paragraph 20.1 in flash drive.
20.2 Failure to submit the items listed in paragraph 20.1 may be grounds for rejection of a bid
as non-responsive to the specifications.
21.0 QUESTIONS
21.1 Questions, explanations or clarifications desired by a Vendor regarding any part of the
bid must be requested in writing from the Purchasing Division not less than eight (8)
business days before the closing date of 3/18/21. Interpretations, corrections or changes
to the bid made in any other manner are not binding upon the City, and Vendors shall not
rely on such interpretations, corrections or changes. Oral explanations or instructions
given before the award of the Agreement are not binding.
r I�[�T:77�:7�i7:i�:l�el�Jx+��[�7��ti7 ��_1�[+�4►1�:7���_1�Se111X+��CiP►����il1l►�i:
._►� � ; � •: ► u: • . :��; � � •; _ � •
• •••► ► ��= : = • � =►� ii � ► ' _ '
•�
21.2.8 Hand Delivery must be submitted by appointment to the Purchasing Division by
4:30 PM local time on 3/10/21. Please call 817-392-8321 for
appointment hand deliver.
21.2.9 Email questions to: FMSPurchasinqResponses(a�fortworthtexas.gov
Please include the bid number 21-0065, name of the bid and Laurena Hamilton
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.
21.2.10 Facsimile: (817) 392-8440, Attention: Laurena Hamilton and BID21-0065,
ITB-A 21-0065 Dump Truck Services
Page 20 of 57
PART - IV
CITY OF FORT WORTH, TEXAS
SEE ATTACHMENT I- DRAFT CONTRACT
ITB-A 21-0065 Dump Truck Services
Page 21 of 57
ATTACHMENT H
SCOPE/SPECIFICATIONS
FOR
THE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
1.0 SCOPE OF WORK
The City (City) of Fort Worth is seeking dump truck services for the
Transportation and Public Works Department.
1.1 The specifications below describe the minimum requirements necessary
to establish a contract between the City of Fort Worth and a qualified
vendor. The TPW/Streets and Stormwater Operations division is seeking
dump truck services to haul dirt from various job site locations throughout
the City of Fort Worth to the closest dump yard location as needed.
1.2 Work to be performed shall consist of transporting and loading outdirt
1.2.1. Disposal of dirt
1.3 Hourly charges shall include all labor, equipment, driver andfuel.
1.3.1. Environmental and disposal charges.
1.4 Pick-up locations and drop off locations will be specified by the
Transportation and Public Works Department at the time of request.
1.5 Time restrictions for hauling dirt from various job site locations throughout
the City of Fort Worth to the closest dump yard location will be set by the
TPW/Streets and Stormwater Operations division of the Transportation
and Public Works Department.
2.0 SPECIFIC REQUIREMENTS
2.1 Specific truck requirements:
2.1.1 Ten (10) wheel, twelve (12) and/or fourteen (14) cubic yard
capacity dump trucks or more
2.1.1.2 Semi-end dump trucks
2.1.1.3 Triaxle Dump Truck
2.1.1.4 Super dump trucks
ITB-A 21-0065 Dump Truck Services
Page 34 of 57
2.1.1.5 Trailer Dump Truck
2.1.2 Trucks are to be in good condition with no leaking gates.
2.1.3 Trucks should not have any holes in the truck beds.
2.1.4 Trucks must have a manual or electric tarp system for fully covering
loads.
3.0 SPECIFIC DEBRIS TO BE REMOVED, BUT NOT LIMITED TO:
3.1 Sand;
3.2 Rock;
3.3 Gravel;
3.4 Asphalt;
3.5 Wood and brush debris;
3.6 Garbage;
3.7 Refuse;
3.8 Silt;
3.9 Asphalt Millings
4.0 CONTRACTOR SHALL PROVIDE:
4.1 A method to respond to calls and provide trucking services during
the City of Fort Worth's working hours excluding holidays working
hours are Monday — Friday 7AM-6 PM; no overtime services will be
paid without prior written approval from the City of Fort Worth and,
4.2 Deliver trucks to the designated location within two (2) hours or as
directed by the contact person.
5.0 Contractor shall provide experienced licensed drivers:
5.1 Who are professional, polite, and courteous;
5.2 Who have no more than one (1) moving violation or accident within
the immediately preceding three (3) year period;
5.2.1 The City of Fort Worth may request a driving record at any
time. This may also be requested when there is an
accident, a driver has caused damage to property or if the
driver has a"close call" accident.
ITB-A 21-0065 Dump Truck Services
Page 35 of 57
5.3.1 Who have no conviction for misdemeanor or felony driving
under the influence (DUI) and no failure to appear;
5.3.1.1 The City of Fort Worth may request a background
check for a misdemeanor or felony resulting from
DUI records at any time. This may also be
requested for an accident, when a driver seems to
be erratic or not professionally handling the truck
and trailer as observed by city personnel and;
5.4 Licensed and qualified to operate the trucks that will be provided.
5.4.1 Proof and qualifications of drivers may be requested
from the supplier that all drivers meet the qualifications set
by the contract with the city. At any time, the City of Fort
Worth may request an itemized licensing, records and
qualifications of personnel used by the supplier.
6.0 SPECIFIC PICK UP/DROP OFF LOCATIONS (BUT NOT LIMITED TO):
6.1 4100 Columbus Trail, Fort Worth, TX 76133
6.2 3200 Yuma St Fort Worth,TX 76119-3053
6.3 309 Hillshire Fort Worth,TX 76119-3053
6.4 Various work locations sites throughout the City
7.0 DELIVERABLES / REPORTS
7.1 Monthly reports will be required on the First of each month
and shall include a detailed listing of all work performed for the
previous month.
7.1.1 Quarterly reports will be required on the First of the month
every three (3) months and shall include all detailed listing
of all work performed for the previous quarter.
7.1.2 These reports shall include the following but not limited to:
7.1.3 Detailed description of each job completed;
7.1.4 Invoice number(s);
7.1.5 Time of request(s);
7.1.6 Name of point of contact that requested service;
ITB-A 21-0065 Dump Truck Services
Page 36 of 57
7.1.7 Contractor's response time;
7.1.8 Description of area or site;
7.1.9 Type of work performed;
7.1.10 Actual time on site or at area;
7.1.11 Total of billable hours; and
7.1.12 Total billed.
7.1.13 Contractor shall provide ad hoc reports to point ofcontact
upon request
ITB-A 21-0065 Dump Truck Services
Page 37 of 57
ATTACHMENT C
CONTRACTOR'S RESPONSE TO CALL FOR
BIDS/PROPOSALS
(Inserted behind this page)
Page 19 of 21
Contractor Services Agreement
Fc�x'1' Wc�r��� ��
CITY OF FORT WORTH BID OFFER Posted
:vent ID
i'4�01-21-OC'o5 •
:vent Round Version
:vent Name
TS-?,-�7.mp_Truck Servi;:es
itart Time Finish Time
i3/03/2G'L1 C8:00:00 CS� 03/18/2021
'_3:30:00 CST
Page
�
Invited: Public Event
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
vent Description -
�e City of Fort Worth seeks bids from qualified vendors for an annual agreement to provide dump truck
�rvices on an as-needed basis per the attached Invitation to Bid (ITB).
erms 8� Conditions
Pre-bid conference - NONE
Bids will be accepted in person or by mail from 8:30AM-1:30PM on Thursdays at the South End lobby of City
Hall. If the bidder wants to submit.earlier, they will need to call Purchasing at 817-392-2462 to make an
appointment for Purchasing to pick up the bid Monday through Friday between 8:OOAM - 4:30PM at the South End
Lobby of City Hall located at 200 Texas Street, Fort Worth Texas 76102.
Bids are solicited for furnishing the equipment as set forth in this solicitation. Completed Bids including
one executed original and one USB flash drive containing electronic versions of all bid documents must be
received in the Purchasing Division by 1:30 P.M. on the date specified in the bid. Bids must be submitted in a
sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Buyer: Laurena
Hamilton. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFfCE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN
ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: •
City of Fort Worth, Purchasing Division,
Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102
Cooperative Purchasing:
Should other Governmental entities decide to participate in this contract, would you, the Vendor, agree that
all terms, conditions, specifications, and pricing shall apply (see section 11)? Yes� No
SECTION NO. TITLE �
PAGE 1 BID OFFER SHEET"" - Cover page of Final Bid Document V1 and attached as separate document
Part II : Instruction to Bidders
Part III : Purchasing Specifications
Part IV : Standard Purchasing Terms and Conditions
" ATTACHMENT A CONFLICT OF INTEREST QUESTIONNAIRE
** ATTACHMENT B BIDDER'S CONTACT INFORMATION
`� ATTACHMENT C CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS (IF APPLICAPLE)
" ATTACHMENT D REFERENCE SHEET
ATTACHMENT E HOW TO REGISTER WITH THE CITY OF FORT WbRTH
ATTACHMENT F AUTOMATED INVOCING SCHEDULE
*" ATTACHMENT G NO BID SHEET (IF APPLICABLE)
ATTACHMENT H DETAILED SCOPE OF WORK/SPEC!FICATIONS .
ATTACHMENT I VENDOR SERVICE AGREEMENT DRAFT
"" ATTACHMENT K EXCEL CHECKLIST
"ALL DOCUMENTS WITH " MUST BE COMPLETEY FILLED IN AND RETURNED WITH BID **
' Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as if
they were incorporated in full text. The full text versions of the ' Sections are available on the Internet
at the following online address: http://fortworthtexas.gov/purchasing
ITB-A 21-0065 Dump Truck Services
Page 1 of 57
Fc�x�t� W��u�� N
CITY OF FORT WORTH BID OFFER
:ventlD Page
i�WJl-�l-oCoS 2
:vent Round Version
:vent Name
T=-�-�cmp Track Serei,_es-- — - -
�tart Time Finish Time
�3/J3/_U 1 08:OC:00 CST 03/18/2021 "�?:30:00 CST
Invited: Public Event
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 � 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, acknovrledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference, and agrees to be bound by the terms
therein.
Company Name: Firefly Development LLC dba Firefly Earthworks
CompanyAddress: 1120 S Perry Rd
City, State, Zip: Carrollton, TX 75006
Vendor Registration No. 0000004390 .
Printed Name of Officer orAuthorized Representative: Maria Schneider
Title: Owner/CEO /
Signature of Officer or Authorized Representative: � �/
Date: 3-11-2021
Email Address: Maria(a�Firefly.Earthworks.com
Phone Number: Office: 214.717.1181 cell: 512.773.0023
ITB-A 21-0065 Dump Truck Services
Page 2 of 57
Ft�x�r �'4't�u���x
�i'"����� CITY OF FORT WORTH BID OFFER
_vent ID
t',°:J"_-�1-OCoS
:vent Round Version
1
:vent Name
T3-y-�cmp T_uck Serv_ices _
itart Time
i3/J�i"'0_'1 C8:C0:00 CST
Finish Time
G3/18/2021 �3:30:00 CDT
Page
3
Invited: XCAV INC
6824 OA DR W
FO RTH T) 0
ited States
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
Dump Truck Services 650.00 HR
Regular Hours Mon- Fri 7:OOAM- 6:00 PM I �
85.00 55,250
Line: 2
Description:
Dump Truck Services
Non-Regular Hours Mon- Fri 6:01 PM- 6:59AM
Q� -- _ Unit
1.00 HR
UnitPrice_ _ _Total_
105.00 '� 105 �
--- — � -- ---- ,
Total Bid Amount: 55,355 li
�Please note that our trucks are Superdumps which hold nearly twice the volume of normal dump
trucks which results in lower numbers of hours for the same amount of debris hauled.
e �� �.�% 3��x/� l
V
IT6-A 21-0065 Dump Truck Services
Page 3 of 57
Attachment K
ITB-A-21-0065 Dump Truck Services
Vendor Name: �� �-�-� , �.,-�i� �.�..e. �, t L�� d ���` �. � ��y E�,�►.hw��-,�s
Documentation Check Sheet
YES/NO Page number
Signed Cover Sheet y� � i
Price Sheet y�. 5 3
Attachment A Conflict of
Interest �i�e s �
Attachment B Contact
information y� S %
Attachment C
�oca� consideration `I � S �-
Attachment D Reference
Sheet ��C � �
Attachment J �� � r^ � G t
Questionnaire �%� '''�° � „�`� ' �`
��,�t
Demonstration of Method
C
of Charges �1 � � �
Demonstration of
Timliness/Response time r e 5 Cj
Years In business �� C
Number of trucks in fleet �- C
ITB-A 21-0065 Dump Truck Services
Page 4 of 57
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor daing business with local governmental entity
This qwstlon�alr� rttNcts chany�s maM lo th� law by M.B. 23, 81th L�q.. Rsqular S�sslon. OFFlCE USE ONLY
Th,s queu+o�+n.rore is be�rx3 I;L�d eo ucordanco .Mh Ghapter 178. Locat Gove�nmuni Codc by a vendc� who .�,_ �: ,_,_ ,.��
has a business relsC�onsMip as detin�W by Sectio� 1TS OOt(t-a1 r�nfh a Ioca1 povemmen�al enUry nn� �ne "
vorxkY mcel� rp�,euemC,rts urafer Sectror+ 176 006(a)
By Iaw Ntis [�t19StiOnnavo mUSt b0 ta6d wiM tAe rgcor� �nistratq ot tn0 bCal pOv9rnRi6n13� Fiflt�ty nct I��.•_ •
Man th� 7th �tt�mesc day d116. tne dala the vendw becomes aware d tacta that ret�trire Nw statert�ent �a Ct
Ivt�t! $�!Err SetNpn /T8 (�18{8�11. LOCqI (�werrnee�nt ('AdC
A verWo� utmm�� an ottertse A tne veexfor krowin{�y v�olatty $echon 7 76 QC�ti. Loc3f G�vern�nent CoOe. A^
�BRSd untlHt Ch.S 89CQL1�� n 8 m:SdH'nBanUe
� Name o! vendor who has a business relationahip with local povernmenWl entity.
� � CL
Z
� Check this box if you are flling an update to a previousFy flled questio�naire. (Thc law roquues that you :�'c ac upd.itc�d
compteted quesronna re with the nppropria!e t�Hng authoriry not later than thc 7th busmess day after thc date an wi���h
yov L�CC�rtt4 dwatC th�l lho Ur<gin�tly til�3d quc�5liw�tinliro was i�xOmpletu cr inlGGur�tO 1
� Hame ol lopt government ofticer sboul whom tha fnformat{on Ia bsing dlscbsed.
r 1c�
Name ol Ofl�er
4 Deacribe each employment or other business retationahip with the local gov6rnmeM otficer, or e family member ot the
ofGcer, as describad by Ssclion 176.003(a)(2xA�. Alao deacribo any tamily relationship with Iha local yovernment ofl'�cor.
Cqmplele subperts A end B lor each employment w bustness relatlonshlp desc�fbed. Atlach addlUonal payes lo lhls Form
Cl0 as necessary.
� + CL
A Is the toCet governmenl Otb�r pr p Igmdy membe� ol 1he oth�r reCc�vmg or L•kc�y to �ecerve taxeb�e �nComc,
OIhBr thdn ir►vBStmpnt inCOm2. 1rOr'n Ihe vBndOr?
aYCS a ko
8. fs the vendor recemng or I�kely to race�ve taxablQ mcome, other Ihan investment incorr�, trom or at the d�rect,on
ol the �ocat govemment oMicer or a famiiy member of the ofC�cer AND the taxable irxome is not received from the
bcal govemmental enGty�
aYcs � No
s Describe each employment or business relationship that the vendvr named In Section 1 mainteins wilh a corporalion or
other buelneaa entlty with reapect to whleh the local govemment oHlcer serves ea en offleer or dlrector, or holds en
awnerahip interesl ol one pertent or mora.
� 1 CL
6
❑Chciek this boz it the vondar has grvon ma local govwnmonl oHiccrr or a tam�ty membor of Iho ofttcer ono o� moro g�fts
us descnbed � Secf�an 1T6.0«i(a)(21(B). excl�dmg gihs des�xibed in Section 176.003(a 1).
T
�-iz-�i
S=��a:ure of venpor doinq pus:ness w�fh lhC pOVCrnmenla! entdY Ua�
Form proviCed by Texas Etftia Commiuion www.ethics.state.t■.us Re�nsad t19U20t5
ITB-A 21-0065 Dump Tnidc Se►vices
Page 23 of 57
ATTACHMENT — B
BIDDER'S CONTACT INFORMATION
Vendor�s Name: Firefly Development LLC dba Firefly Earthworks
Vendor's Local Address: 1120 S PerrV Rd, Carrollton TX 75006
Phone: 214.717.1181 Fax: n/a
Emaii: info(c�FireflyEarthworks.com
Name of persons to contact when placing an order or billing questions:
Name/Title Rick Sawver/ COO for placing an order
Phone: 214.717.1181 Fax: n/a
Emaii: Rick(a�FireflyEarthworks.com
Name/Title Paris Yuksel/CFO for billinq questions
Phone: 214.717.1181 Fax: n/a
Emaii: info(a�FireflyEarthworks.com
Name/Title Maria Schneider/CEO for other questions
Phone: off: 214.717.1180 cell: 512.773.0023 Fax: n/a
Emai�: Maria(c�FireflyEarthworks.com
����� �
Maria Schneider
Printed Name
3-12-21
Date
Signature
ITB-A 21-0065 Dump Truck Services
Page 25 of 57
ATTACHMENT - C
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal
place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5
percent of the lowest bid, depending on the value of the request and goods or services requested,
if the lowest bid is from a business outside the municipality and contracting with the local bidder
would provide the best combination of price and other economic benefits to the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the
bid or request package. ,
The Fort Worth City Council requires the following information for consideration of location of a bidder's
principal place of business. Add additional sheets if needed to provide this information.
1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas.
a. Do you have a Fort Worth office? If yes, identify address:
no
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Ori�inating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed
5o°ro� 65 /o
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees? none
b. Amount of City of Fort Worth ad valorem taxes �real and business personal property) paid by
company (for prior tax year — Fort Worth office or former location, if Fort Worth office is newly-
established)? none
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the date
hereof, under penalty of perjury.
FireflyDevelopment LLC dba Firefly Earthworks 3-12-21
(Company Name) . (Date)
/�.� ---�� �
(Signature)
ia Schneider CEO
Name and Title)
ITB-A 21-0065 Dump Truck Services
Page 26 of 57
ATTACHMENT - D
REFERENCE SHEET
Please complete and return this form with your bid.
The Vendor 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. You may not include
the City of Fort Worth as a reference. The City will be the sole judge of references. Please use additional
sheets.
Company's Name American Pride Express
Name of Contact . Tommy Flores
Title of Contact CEO
Present Aadress 8815 CF Hawn Freeway
City, State, Zip Code Dallas TX 75217
Telephone Number ( 214 ) 4 - Fax Number ( )
Email
��
Company's Name
Name of Contact
Title of Contact
Present Address
cNstal.apx(c�gmail.com
Nelson's Contractinq Services
Larry Nelson
Owner
4017 Cavalry Dr
City, State, Zip Code Plano, TX 75023
Telephone Number ( 214 )478-8895 Fax Number ( )
Emaii Inelson@ncs1 ntx.com
Company's Name Ray Construction and Demo
Name of Contact Wlllle RaV
Title of Contact Own2i'
Present Address 6205 CR 4097
city, State, Zip Code Kaufman, TX 75142 .
Telephone Number ((21�) 405-5621 Fax Number ( )
Email
�III[�:�'f(:► . � • • • ��
ITB-A 21-0065 Dump Truck Services
Page 77 of 57
FireFl� �arthWorks
Constru�tion and Demolition Contra�tors
Bidder Qualifications Statement 3-12-21
RE: City of Fort Worth Bid Offer Event ID: CFW01-21-0065 Event Name: ITB-A-Dump Truck Services
Contact Info:
Bidder: Firefly Development LLC dba Firefly Earthworks
Contact for Contracts: Maria Schneider, CEO ���_�:r�a���'��-�rf�tiy� :,rt���,�_;���,.;:o,n
Physical Location: 8300 S Central Expressway, Dallas, TX 75241
Billing and Mailing Address: 1120 S Perry Rd, Carrollton, TX 75006
Background:
Headquartered in southern Dallas, Firefly Earthworks has been providing trucking and hauling,
excavation, and residential and commercial demolition in the DFW area since 2013. Projects include
hauling for demolition, construction, and road work as well as site preparation. Firefly is also
registered as an asbestos transporter. Firefly is a certified DBE (NCTRCA) and HUB (TXDoT).
Resources:
Firefly has worked for clients ranging from large developers to small residential projects for over 8
years. The company is in good standing with the state, has excellent customer reviews and maintains
sufficient resources to perform the required scope of work. The company owns and maintains a fleet
of 3 dump trucks as well as tractor/trailers, equipment haulers, excavators, trailers and other
equipment. Firefly uses in-house drivers that comply with all DoT requirements and the in-house
safety program. Firefly currently has and shall maintain sufficient insurance coverage, personnel and
equipment to fulfill the normal City of Forth Worth requirements.
Response Time:
Firefly can respond to requests for trucking within a 2 hour time frame during normal working hours
and 4 hour time frame outside of normal working hours.
Method of Charges:
Firefly has a full time accountant and uses Quickbooks to generate invoices and keep accounts. The
method of charging is to send an invoice via e-mail or mail to the City of Fort Worth employee
designated as the contact with authority to submit an invoice from the supplier for payment. Payment
can be made by check or on-line by credit card or bank draft. Typical payment terms are 30 days but
can be negotiated with the contract.
References are included in Attachment D.
ATTACHMENT D
INSURANCE
AND
ATTACHMENT D-1 BONDING
(if necessary)
(Behind this page are the City's standard insurance requirements and, if necessary, payment and
performance bond forms)
Page 20 of 21
Contractor Services Agreement
��
AC'�Ra�
��.
AGENCY CUSTOMER ID:
LOC #:
ADDITIONAL REMARKS SCHEDULE
Page of
AGENCY NAMEDINSURED
K&S Insurance Agency Firefly Development, LLC, DBA: Firefly Earthworks
POLICY NUMBER
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes
IENERAL LIABILITY:
�eneral Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when
iere is a written contract between the named insured and the certificate holder that requires such status.
�eneral Liability policy contains an endorsement with "Primary and Noncontributory° wording.
�eneral Liability policy includes a blanket waiver of subgrogation endorsement that provides this feature only when there is a written contract between the
amed insured and the certificate holder that requires it.
BUSINESS AUTO:
Business Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when
there is a written contract between the named insured and the certificate holder that requires such status.
Business Auto policy includes a blanket waiver of subgrogation endorsement that provides this feature only when there is a written contract between the
named insured and the certificate holder that requires it.
RKERS' COMPENSATION:
kers' Compensation policy includes a blanket waiver of subgrogation endorsement that provides this feature only when there is a written contract
✓een the named insured and the certificate holder that requires it.
ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS AND EXCLUSIONS.
ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
600 GL 0034279-01
POLICY NUMBER: 600 GL 0034279-01
COMMERCIAL GENERAL LIABILITY
CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
All persons or organizations as required by written As designated in written contract with the Named
contract with the Named Insured Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B.
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 20 10 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 2
600 GL 0034279-01
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
Page 2 of 2 O Insurance Services Office, Inc., 2012 CG 20 10 04 13
600 GL 0034279-01
POLICY NUMBER: 600 GL 0034279-01
COMMERCIAL GENERAL LIABILITY
CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
All persons or organizations as required by written As designated in written contract with the Named Insured
contract with the Named Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1
600 GL 0034279-01
POLICY NUMBER: 600 GL 0034279-01
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1
600 GL 0034279-01
POLICY NUMBER: 600 GL 0034279-01
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
All persons or organizations as requested by written contract with the Named Insured.
Information reauired to complete this Schedule. if not shown above. will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 O Insurance Services Office, Inc., 2008 Page 1 of 1
Clear Blue Insurance Company
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
GARAGE COVERAGE FORM
THIS ENDORSEMENT, EFFECTIVE ON 3/16/2021 AT 12:01 A.M. STANDARD
TIME, FORMS A PART OF POLICY NUMBER AQ1YTX004722-00 OF Clear Blue
Insurance Company ISSUED TO Firefly Development, LLC
IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWING IS ADDED AS AN
ADDITIONAL INSURED HEREUNDER BUT ONLY AS RESPECTS LIABILITY
ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, AND THAT
THE INCLUSION OF SUCH ADDITIONAL INSURED SHALL NOT SERVE TO
INCREASE THE COMPANY'S LIMIT OF LIABILITY AS SPECIFIED IN THE
DECLARATIONS OF THIS POLICY. THIS ENDORSEMENT APPLIES TO
ADDITIONAL INSUREDS ADDED, AS REQUIRED BY WRITTEN CONTRACT,
PRIOR TO THE OCCURRENCE OF ANY LOSSES.
BLANKET AS REQUIRED BY WRITTEN CONTRACT
Q ADLIN-B 08 14
Clear Blue Insurance Company
WAIVER OF SUBROGATION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
GARAGE COVERAGE FORM
THIS ENDORSEMENT, EFFECTIVE ON 3/16/2021 AT 12:01 A.M. STANDARD TIME,
FORMS A PART OF POLICY NUMBER AQ1YTX004722-00 OF Clear Blue Insurance
Company ISSUED TO Firefly Development, LLC
IT IS AGREED THAT THE COMPANY RECOGNIZES THE VALIDITY OF ANY
WAIVER OF SUBROGATION WHICH MIGHTARISE BY REASON OFANY
PAYMENT UNDER THIS POLICY IN CONNECTION WITH THE OPERATION OF
ANY INSURED AUTOMOBILE, IF SUCH WAIVER WAS EXECUTED BY NAMED
INSURED, AS REQUIRED BY WRITTEN CONTRACT, IN WRITING PRIOR TO
THE OCCURRENCE OF ANY LOSS.
BLANKET AS REQUIRED BY WRITTEN CONTRACT
Q WAIVER-B 08 14
0
X
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WORKERS' COMPENSATION INSURANCE
WORKERS' COMPENSATION AND WC 42 03 04 B
EMPLOYERS LIABILITY POLICY Insured copy
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the
Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury
arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver
from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1. ( ) Specific Waiver
Name of person or organization
(X) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations: All Texas operations
3. Premium:
The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection
with work performed for the above person(s) or organization(s) arising out of the operations described.
4. Advance Premium: Included, see Information Page
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on 3/16/21 at 12:01 a.m. standard time, forms a part of:
Policy no. 0002045643 of Texas Mutual Insurance Company effective on 3/16/21
Issued to: FIREFLY DEVELOPMENT LLC
DBA: FIREFLY EARTHWORKS
NCCI Carrier Code: 29939
1 of 1
This is not a bill
PO Box 12058, Austin, TX 78711-2058
texasmutual.com �(800) 859-5995 � Fax (800) 359-0650
%/ ����
Authorized representative
3/ 15/21
WC420304 B
ATTACHMENT E
VERIFICATION OF SIGNATURE AUTHORITY
Contractor: Firefly Development LLC dba Fircfly Earthworks
Address:1120 S Perry Rd
City, state, zip: Carrollton, TX 75006
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment
or change order on behalf of Contractor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Contractor.
Contractor will submit an updated Form within ten (10) business days if there are any changes to the
signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form
that has been properly executed by Contractor.
Name:
Position:
Signature
Name:
Position:
Signature
Name:
Position:
Signature
Ivame: Maria Schneider
��
Signature of President / CEO
Other Title: Owner
Date: 4-28-21
Page 21 of 21
Contractor Services Agreement