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HomeMy WebLinkAboutContract 55697City Secretary Contract No. 55697 ��� ����� CONTRACTOR SERVICES AGREEMENT This CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and SEF Builders Inc, Superior Fencing ("Contractor"), a Texas incorporation and acting by and through its duly authorized representative, each individually referred to as a"party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Contractor Service Agreement; 2. Exhibit A— Scope of Service; 3. Exhibit B— Price Schedule; 4. Exhibit C— Contractor's Response to City of Fort Worth RFP No. 21-0072; 5. Exhibit D— Verification of Signature Authority; and 6. Exhibit E— Contractor's Certificate of Insurance. 1. Sco�e of Services. Contractor shall build weather resistant play yard covers at the animal care and control center ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes.. 2. Term. This Agreement shall commence upon final execution of this Agreement ("Effective Date") and shall expire no later than twelve (12) months from the Effective Date (`Bxpiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). 3. Comnensation. City will pay Contractor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed Forty-Eight Thousand, Five-Hundred Twenty- Seven and 80/100 dollars ($48,527.80). Contractor will 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 will not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice oftermination. OFFICIAL RECORD �y��-�-�x�:��r_�:�-i FT. WORTH, TX Contractor Service Agreement - RFP 21-0072 Play Yard Covers 1 of 41 4.2 Non-a�propriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obli�ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Contractor for services actually rendered up to the effective date of termination and Contractor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Contractor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City Information or data as a requirement to perform services hereunder, Contractor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 51 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 inwriting. 5.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Contractor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor must 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 will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Contractor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have access during normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate Contractor Service Agreement - RFP 21-0072 Play Yard Covers 2 of 41 workspace in order to conduct audits in compliance with the provisions of this section. City will give Contractor reasonable advance notice of intended audits. 7. Indenendent Contractor. It is expressly understood and agreed that Contractor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its offcers, agents, servants, employees, Contractors, and subcontractors. Contractor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Contractor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will be entitled to any employment benefits from City. Contractor will 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, contractors, or contractors. 8. Liabilitv and Indemnification. 81 LIABILITY - CONTRACTOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJUR Y, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING O UT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA tISED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Contractor agrees to defend, settle, or pay, at its own cost and e�pense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Contractor bears the cost and expense of payment for claims or actions against City pursuant to this section, Contractor will 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 wiIl have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate Contractor Service Agreement - RFP 21-0072 Play Yard Covers 3of41 with Contractor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will 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 will fully participate and cooperate with City in defense of such claim or action. City agrees to give Contractor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Contractor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Contractor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Contractor terminate this Agreement, and refund all amounts paid to Contractor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assi ng ment• Contractor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will 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 will be liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Contractor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Contractor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Covera�e and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: Contractor Service Agreement - RFP 21-0072 Play Yard Covers 4of41 $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Contractor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 5of41 (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (� Certificates of Insurance evidencing that Contractor has obtained all required insurance will be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. 11. Comnliance with Laws. Ordinances. Rules and Regulations. Contractor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Contractor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. ti . Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 To CONTRACTOR: SEF Builders, Inc. Attn: Jeff Frank, Owner 432 Blackjack Trail Keller, Texas 76248 Phone: 817-308-8684 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Em�yees. Neither City nor Contractor will, 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 will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by eitherparty. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 6of41 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will 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 tothis Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Majeure. City and Contractor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, ar regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or the attached exhibits. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counternarts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 7of41 24. Warrantv of Services. Contractor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Contractor's option, Contractor will either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Contractor for the nonconforming seroices. 25. Immigration Nationalitv Act. Contractor must 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 will provide City with copies of all I- 9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no seroices will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to immediately terminate this Agreement for violations of this provision by Contractor. 26. Ownershin of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will 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 will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will 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 ofCity. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Contractor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Com�anv Name or Ownershi�. Contractor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Contractor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Bovcott of Israel. If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter Contractor Service Agreement - RFP 21-0072 Play Yard Covers 8of41 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Flectronic �ignatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 31. Entiretv of Agreement. This Agreement contains the entire understanding and agreement between City and Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Contractor Service Agreement - RFP 21-0072 Play Yard Covers 9of41 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: I�GI�G�%G GUG�I�I%�1GIto�1 BV: Valene Washington (May 1Q 2 105:45 CDT) > Name: Valerie Washington Title: Assistant City Manager Date: May 10, 2021 2021 APPROVAL RECOMMENDED: Tirn Marton By. Tlm Morton (May7, 202108:47 CDTI Name: Dr. Tim Morton Title: Code Compliance Assistant Director ATTEST: By: Name Title: foY Ron�1�l P. Gonz�iles fr,re�nai�P r,o,�aiP�(�,y�o �minR��arnn Mary Kayser b��4oR���a City Secretary pF � �°� �ly�d o d a ~ ° o °o�-�dd pVo °=d o � o � ��d ��°°00000�°° *� CONTRACTOR: SEF B UILDERS, INC � B�7; JeffFrank(May7,20210635CDT) Name: Jeff Frank Title: Owner Date: May 7, 2021 , 2021 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Title: C�i�U�z�Gce-� L�ette- Christopher L rette (May 7, 20210734 CDT) Chris Lirette Code Compliance Superintendent APPROVED AS TO FORM AND LEGALITY: ��r�.���i� . ,Au�t-� B�: ChristopherAustr (May7,202114:59CDT) Name: Christopher Austria Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: n/a Form 1295: OFFICIAL RECORD ����•�-�x�:��r,�:�v FT. WORTH, TX Contractor Service Agreement - RFP 21-0072 Play Yard Covers 10 of 41 .. : �' � ' : ' I I ' : : 1 � :_ � : : ► U • 1.0 PURPOSE Contractor shall build weather resistant play yard covers at the Animal Care and Control Center. The covered structures will provide shelter to animals and persons from outside elements. See Attachment 1 for expected cover. 2. SPECIFICATIONS FOR PLAY YARDCOVERS 2.1. For yard dimensions please reference Attachment 2 Play Yard AreaMap. 2Z. PLAY YARD 3, 5 AND 6 2.2.1. Cover shall be 85 feet in length by 30 feet in width and about 10 feet in height to cover from the middle of the play yard towards the road near the sidewalk with some over hanger by sidewalk with a tilt for waterrun-off. 2.2.2. The cover must to be attached to existing play yardfencing structure. 2.2.3. All materials must be metal. Metal poles for covering shall be similar to materials of existing play yards or larger due to size of cover. All purlins and trusses should also be of like material and gauge for outside elements and existing covers at facility. The roof must be metal and match existing colors for main building and existing covers in other animal play yards. 2.3. PLAY YARD 7 2.3.1. The cover shall be 70 feet in length by 28 feet in width and about 20 feet in height to cover from side of the building over the walkway into play yards 3, 5, and6. 2.3.2. The cover shall be independent from the main building structure with or without flashing, and with tilt for water runoff into adj acent playyards. 2.3.3. All materials shall be metaL Metal poles for covering shall be similar to materials of existing play yards or larger due to size of cover. All purlins and trusses should also beof like material and gauge for outside elements and existing covers at facility. The roof must be metal and match existing colors for main building and existing covers in other animal play yards. 2.4. PLAY YARD 4 2.4.1. Cover shall be 19 feet in length by 31 feet in width and about 20 feet in height to cover from side of the building over the play yard existingfence. 2.4.2. The cover must be independent from the main building structure with or without flashing, and with tilt for water runoff. 2.4.3. All materials must be metaL Metal poles for covering shall be similar to materials of existing play yards or larger due to size of cover. All purlins and trusses should also be of like material and gauge for outside elements and existing covers at facility. The roof should Contractor Service Agreement - RFP 21-0072 Play Yard Covers 11 of 41 be metal and match existing colors for main building and existing covers in other animal play yards. 3. CONTRACTOR RFSPONSIBIL.ITIES 3.1. Contractor shall have all of the tools of the trade as well as any licenses orpermits to perform services. The city will not pay any additionalcharges. 3.2. The Contractor shall install the animal play yard covers at the address listed below: 3.2.1. 4900 Martin St. Fort Worth, TX 76ll9 3.3. The Contractor shall provide work 7 days a week, 8:OOAM to S:OOPM with the exclusion of City of Fort Worth Holidays. 3.4. The Contractor shall provide structural plans / drawings and designs and obtain all permits required. 3.5. The Contractor shall have a general construction license and have a minimum of 5 years of experience building and structuring similar projects and have been working under their business name a minimum of 5 years. 3.6. The Contractor shall provide covers that are structurally sound and conform to all State of Texas building codes andregulations. 3.7. The Contractor shall provide a minimum of two summaries demonstrating experience and knowledge. 3.8. The Contractor shall complete services by May2021. 4. WARRANTY 4.1. The Contractor shall provide the following one yearwarranties: 4.1.1. One year warranty that work will be performed in a good and workman like manner. 4.1.2. One year warranty that materials will be new and of goodquality. 4.1.3. One year warranty that the work will conform to the requirements of the contract documents. 4.1.4. One year warranty for any defects from installation or workmanship errors. 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Z.' x .� � ;i �� �n u rn I 3 } il � � > 0 U � m } m a N O 0 N d � �� � o C n N � N � Q U � � � 0 U (L � U EXHIBIT C CONTRACTORS BID REPONSE Contractor Service Agreement - RFP 21-0072 Play Yard Covers 18 of 41 Request for Proposal The City of Fort Worth (City) invites firms to participate in our Request for Proposals (RFP) for Contractors to build weather resistant play yard covers at the Fort Worth Animal Care and Control Shelter. The covered structures will provide shelter to animals and persons from outside elements. 1 C�� •� • •;� •• 1.1 One (1) signed original, and one (1) USB flash drive containing electronic versions of all Proposal documents must be submitted in a sealed package. Failure to submit a signed original and a USB flash drive containing all proposal documents will deem the bid as non- responsive. PROPOSER's name and address should be marked on the outside of the package. Facsimile or electronic transmittals or offers communicated by telephone will not be accepted or considered. Proposal information that is not submitted in sealed packages will not be considered 11 , • � ' � - � � � • 1 - • • � � � � � � City of Fort Worth Purchasing Division RFP # 21-0072 200 Texas Street, Lower Level City Hall, Fort Worth, Texas 76102 1 � ; • ' ; • ' • Proposals must be received in the CITY's Purchasing Division no later than the submission deadline. The submitting PROPOSER is responsible for the means of on-time delivery of the proposal to the location listed in paragraph 1.2. Delays due to any instrumentality used to transmit the Proposals, including delay occasioned by the PROPOSER or the CITY's internal mailing system, will be the responsibility of the PROPOSER. Proposals must be completed and delivered in sufficient time to avoid disqualification for lateness due to difficulties in delivery. The time and date stamp clock in CITY's Purchasing Division is the official clock for determining whether submittals are submitted timely. Late Proposal documents will not be accepted under any circum- stances. I ':�': _: ► •:Ill •► 3.1 If a PROPOSER does not desire proprietary information in the Proposal to be disclosed, it is required to identify all proprietary information in the Proposal. This identification must be done by noting the words "Proprietary Information" individually on each page on which such proprietary information is found. If the PROPOSER fails to identify proprietary information, it agrees that by submission of its Proposal that those sections shall be deemed non- proprietary and made available upon public request. 3.2 PROPOSERs are advised that the CITY, to the extent permitted by law, will protect Proposals from release. PROPOSER shall consider the implications of the Texas Public Information Act, particularly after the Request for Proposals (RFP) process has ceased and the Contract has been awarded. While there are provisions in the Texas Publiclnformation Act to protect proprietary information where the PROPOSER can meet certain evidentiary standards, please be advised that a determination on whether those standards have been met will not be decided by the CITY, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the CITY will notify the PROPOSER, who may then make arguments to the Attorney General pursuant to 552.305, Texas Government Code. The CITY will not make arguments to the Attorney General on a PROPOSER's behalf. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 19 of 41 4.0 COMPLETION OF PROPOSAL RESPONSES 4.1 Information presented in the Proposals will be used to evaluate the qualifications of the PROPOSER(s) and to determine the PROPOSER(s) which will be selected to provide services to the CITY. 4.2 Responses shall be completed in accordance with the requirements of this RFP. Statements made by a PROPOSER shall be without ambiguity, and with adequate elaboration, where necessary, for clear understanding. 4.4 Proposals shall be limited to a maximum of twenty (20), 8-1/2" X 11" pages (one side only and including cover letter) using a font size no smaller than 11 point and margins of at least one inch in each direction. The required/requested attachments are not part of this page limit. 4.5 Responses must include the all documents and information specified in this RFP. 5.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA 5.1 Any requests for explanation, clarification, or interpretation desired by a PROPOSER regarding any part of this RFP must be made prior to the published submission deadline, as referenced in Section 8.4 of this RFP. 5.2 Requests for explanations or clarifications may be faxed to the City of Fort Worth at (817) 392-8440 or emailed to FMSPurchasinqResponses(a�fortworthtexas.qov.Emails and Faxes must clearly identify the Buyer Name, RFP Number and RFP Title. 5.3 If the CITY, in its sole discretion, determines that a change or additional information is needed or a clarification is required, the CITY shall issue a written addendum regarding such change, additional information, or clarification. Sole authority for issuing of addenda shall be vested in the CITY's Purchasing Division. 5.4 Interpretations, corrections or changes to the RFP are not binding upon the CITY if they are made in any manner other than a written addendum, and PROPOSERS shall not rely upon such written interpretations, corrections or changes. Oral explanations orinstructions given before the award of the Contract are not binding. Each PROPOSER must acknowledge receipt of all addenda within its response. 6.0 UNAUTHORIZED COMMUNICATIONS Any oral communications are considered unofficial and non-binding with regard to this RFP. After release of this solicitation, PROPOSERS are prohibited from contacting or communicating with any CITY officer, employee, or representative regarding this RFP other than (i) the point of contact designated on the cover page of this RFP or (ii) the Minority Women and Business Enterprise (MWBE) Office. No officer, employee, agent or representative of the PROPOSERs shall, directly or indirectly through others, have any contact or discussion, oral or written, with any members of the CITY Council; members of the RFP evaluation, interview, or selection panels; CITY staff or CITY's consultants, or seek to influence any CITY Council member, CITY staff, or CITY's consultants regarding any matters pertaining to this solicitation, except as expressly provided herein. If a representative of any PROPOSER violates the foregoing prohibition by contacting any of the above listed parties with whom contact is not authorized, such contact may result in the PROPOSER's being disqualified from the procurement process. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 20 of 41 7.0 WITHDRAWAL OF PROPOSALS An authorized representative of the PROPOSER may withdraw a Proposal at any time prior to the RFP submission deadline, upon presentation of acceptable identification as a representative of such company. 8.0 AWARD OF CONTRACT 8.1 It is understood that the CITY reserves the right to accept or reject any and all Proposals and to re-solicit for Proposals, as it shall deem to be in the best interests of the CITY. Receipt and consideration of any Proposals shall under no circumstances obligate the CITY to accept any Proposals. If an award of contract is made, it shall be made to the responsible PROPOSER whose Proposal is determined to be the best evaluated offer taking into consideration the relative importance of the evaluation factors set forth in the RFP. 8.2 The information provided in this Request for Proposals is only to be used for the purpose of preparing a proposal or response to the CITY's requested services. The contract term will be for a one (1) year term with four one-year options to renew at the option of the CITY, upon the same terms and conditions, and subject to funding by the CITY. A PROPOSER may submit a proposal for all or part of the requested services. Selection of a successful PROPOSER will be made on the basis of the proposal deemed most advantageous and beneficial to the CITY. 8.3 The CITY reserves the right to award a single contract or multiple contracts by section listed in the Scope of Work. Refer to Attachment H for details of the Scope of Work required by this RFP. 8.4 Tentative Schedule of Events: RFP Release Date: March 10, 2021 Pre-Proposal Conference: March 17, 2021 11:00 AM (Local Time) Deadline for Questions: March 19, 2021 5:00 PM (Local Time) Proposals Due Date: April 1, 2021 1:30 PM {Local Time) Evaluation of Proposals: April 1, 2021 through April 15, 2021 Contract Effective (anticipated): May 2021 '���» N[�] �Z�] y_Idy � i i;L` [d q PROPOSER acknowledges that by submitting the Proposal, PROPOSER makes an offer that, if accepted in whole or part by the CITY, constitutes a valid and binding contract as to any and all items accepted in writing by the CITY. The period of acceptance of proposals is one hundred and eighty (180) calendar days from the date of opening, unless the PROPOSER notes a different period. 10.0 TAX EXEMPTION The CITY of Fort Worth is exempt from Federal Excise and State Sale Tax; therefore, tax must not be included in any contract that may be awarded from this RFP. 11.0 COST INCURRED IN RESPONDING All costs directly or indirectly related to preparation of a response to the RFP or any oral presentation required to supplement and/or clarify a Proposal which may be required by the CITY shall be the sole responsibility of and shall be borne by the participating PROPOSER. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 21 of 41 12.0 NEGOTIATIONS The CITY reserves the right to negotiate all elements that comprise the successful PROPOSER's response to ensure that the best possible consideration be afforded to all concerned. 13.0 CONTRACT WCORPORATION The contract documents shall include this RFP, the PROPOSER's Response to the RFP, the CITY's Services Agreement (Attachment C), and such other terms and conditions as the parties may agree. 10 NON NDORSEMENT If a Proposal is accepted, the successful PROPOSER. hereinafter "Contractor," shall not issue any news releases or other statements pertaining to the award or servicing of the agreement thatstate or imply the CITY of Fort Worth's endorsement of the successful PROPOSER's services. 15.0 PROPOSAL EVALUATION PROCESS 15.1 The CITY Purchasing Division will guide the evaluation of PROPOSER responses received. 15.2 An Evaluation Committee consisting of representatives from various CITY departments and CITY consultants may be appointed to review and evaluate RFP responses in accordance with this RFP. CITY reserves the right at its sole discretion to include additional representatives from other CITY departments and or other contractors. 15.3 CITY reserves the right at its sole discretion to determine the process for proposal evaluation and may elect to accelerate and/or decelerate the evaluation process by combining, eliminating or expanding phases as it is deemed in the public interest to do so. 15.4 The Evaluation Committee will review PROPOSER's references and criteria and may select PROPOSER candidates for onsite interviews. 15.5 RFP responses that deviate substantially from the requirements of the RFP will be rejected. 15.6 The CITY reserves the right to reject any or all proposals. 15.7 Contract award will be by section or overall total whichever the CITY determines to be in the CITY's best interest. 16.0 PROPOSAL EVALUATION FACTORS Selection will be based on the qualified PROPOSER(s) that is determined to be the most advantageous to the CITY considering the relative importance of valuation factors listed below. A bidder will be disqualified if they do not meet at least 50% of the technical points available. 16.1 Cost - Up to 45 points available 16.3 Extent to which Contractor services met the City's needs - Up to 25 points available 16.4 Contractor's experience and qualifications - Up to 1§ points available 16.5 Project approach and mythology to perform services - Up to 15 points available Contractor Service Agreement - RFP 21-0072 Play Yard Covers 22 of 41 17.0 SUBCONTRACTORS PROPOSERS may include subcontractors for any part of services offered. CITY reserves the right at its sole discretion to accept or reject any proposal that includes subcontractors. Upon award of a contract, CITY reserves the right to pre-approve use of any and all subcontractors. i _►. ►_ � ; The CITY at its sole discretion may elect to have PROPOSERS submitting proposals deemed most advantageous to the CITY may be requested to prepare a Best and Final Offer for consideration by the Evaluation Committee. Contract negotiations will then be based on submitted Best and Final Offers. 19.0 ASSIGNMENT The PROPOSERs shall not assign its rights or duties under an award without the prior written consent of the CITY. Such consent shall not relieve the assignor of liability in the event of default by its assignee. � � - - �L'�+��13�1u1��+� C�LI+� The PROPOSER shall not be allowed to take advantage of any errors or omissions in this RFP. Where errors or omissions appear in this RFP, the PROPOSER shall promptly notify the CITY's Purchasing Division in writing of such error or omission it discovers. Any significant errors, omissions or inconsistencies in this RFP are to be reported no later than ten (10) daysbefore time for the RFP response is to be submitted. 21.0 TERMINATION 21.1 If this award results in a contract, it shall remain in effect until contract expires, delivery and acceptance of products and/or performance of services ordered or terminated bythe CITY or Contractor with a thirty (30) day written notice prior to cancellation. In the event of termination, the CITY reserves the right to award a contract to next lowest and best PROPOSER as it deems to be in the best interest of the CITY. 21.2 Further, the CITY may cancel this contract without expense to the CITY in the event that funds have not been appropriated for expenditures under this contract. The CITY will return any delivered but unpaid goods in normal condition to the PROPOSER or pay for the goods, at the CITY's sole direction. � : �� ► _ • ► : �� � _ ►�1�l�Ia_1�[a���i��C�7�1 Right to Assurance. Whenever the CITY has reason to question the PROPOSER's intent to perform, the CITY may demand that the PROPOSER(s) give written assurance of PROPOSER's intent to perform. In the event a demand is made, and no assurance is given within ten (10) calendar days, the CITY may treat this failure as an anticipatory repudiation of the contract. ��3:T1►[�� :777�:�� No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the CITY's Financial Management Services Department and signed by both parties. Change orders must be approved by CITY Council if dollar amount is over $50,000.00. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 23 of 41 24.0 VENUE The agreement(s) will be governed and construed according to the laws of the State of Texas. The agreement(s) is (are) performable in Tarrant County, Texas. Venue shall lie exclusively in Tarrant County, Texas. +[���d�7►13�[��7�1►��7X+�� No public official shall have interest in this contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter 171. (see Attachment A) 26.0 INSURANCE 26.1 For the duration of a contract resulting from this RFP, PROPOSER shall carry insurance in the types and amounts as specified in Attachment C of this RFP. Insurance coverage(s) required herein are intended to respond to occurrences which may arise from services and/or goods related to this bid solicitation. 27.0 CONTRACT CONSTRAINTS ANDCONDITIONS 27.1 All services shall be provided in accordance with applicable requirements and ordinances of the CITY, laws of the State of Texas, and applicable federal laws. 27.2 The proposed Services Agreement has been provided with this RFP as Attachment C. PROPOSERs must submit any objections to the contract provisions along with responses. 27.3 A fully executed contract shall be comprised of the following documents: I. Services Agreement II. This Request for Proposals, including all Attachments III. The Successful PROPOSERs written Proposal 28.0 MINORITY BUSINESS ENTERPRISE PROVISION MBE participation is not part of the selection criteria. � ••• :_ : ._ ► 29.1 Should other governmental entities decide to participate in this Contract, PROPOSERs shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 29.2 If the successful PROPOSER agrees to extend the resulting Contract to other governmental entities, the following will apply: Governmental entities within utilizing Contracts with the CITY of Fort Worth will be eligible, but not obligated, to purchase material/services under this Contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the CITY of Fort Worth will be billed directly to that governmental entity and paid by that governmental entity. The CITY of Fort Worth will not be responsible for another governmental entity's debts. Each governmental entity will order its own material/services as needed. c� i ► •: : _ u ► 30.1 PROPOSER shall bill for services based on the Proposed Service Fees and Charges Schedule for actual services performed, as presented in Exhibit D. 30.2 All payment terms shallbe "Net 30 Days" unless specified in the proposal. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 24 of 41 30.3 Service PROPOSER shall invoice no more frequently than monthly for services provided. 30.4 Invoices shall be submitted to the CITY department designated by the CITY. Service PROPOSER shall submit separate invoices in duplicate, on each purchase order or purchase change order after each transaction. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and Service PROPOSER shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 30.5 Successful PROPOSERS are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the CITY website at http://www.fortworthtexas.gov/finance. 31.0 CERTIFICATE OF INTERESTED PARTIES FORM 1295 The successful PROPOSER is required to complete online and notarize the Certificate of Interested Parties Form 1295 and the form must be submitted to the Purchasing contact listed in the solicitation before the purchase/contact will be presented to the CITY Council. The form may be completed athttps://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm. � ._► ► •�i•_► ►_�� •:•�► : . 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 invoicepayments. 33.0 PROPOSALREQUIREMENTS Proposals should adequately address all evaluation factors and include the following list of required items that that will be used as part of the evaluation. PROPOSER shall utilize the format below to submit their proposal. PROPOSER'S proposal submission must include the following information: 33.1 A completed and signed original Request for Proposals (RFP) Cover Sheet. The primary contact should be identified, together with both telephone and email contact information. The cover letter will not be included in the page count. 33.2 Executive Summary. State PROPOSER's understanding of this RFP, including any addenda, and PROPOSER'S means for accomplishment of the RFP requirements. The Executive Summary shall include a restatement of the services requested, PROPOSER's anticipated approach to render the requested services, any unique challenges identified or envisioned as a result of the requested/ proposed services, a detailed explanation of the methodology, tools, resources and standards that the Contractor will use to provide the goods and services, and PROPOSER's solutions offered. The CITY requires a complete transparency of service agreements, therefore PROPOSER must offer a complete disclosure of services to be transferred, subcontracted, or otherwise delegated to any other party to fulfill the services requested by this RFP. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 25 of 41 33.3 Describe the resources available to perform the work outlined, including the number and makeup of work crews. Provide certifications of staff to be assigned to perform the work. Also, include details of equipment and facilities, including location(s), trucks, equipment, etc. 33.3.1 List the names, experience, and qualifications of the technicians that will be performing these services. 33.4 A minimum of two summaries that shall include similar sized projects to that of which is outlined in this RFP. These summaries shall outline the jobs performed, structures built, and shall also include past structure plans and end results. Contact information shall be included from whom the jobs performed were completed for. 33.5 Conflict of Interest Questionnaire - Attachment A 33.6 Cost Schedule Summary - Attachment D 33.6.1 PROPOSER shall submitted pricing in a separate seal envelope labeled "Pricing" with your proposal as well as provide an electronic copy on one (1) USB flash drive. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 26 of 41 ATIACHMENT -A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The CITY of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. Bylaw, the Questionnaire must be filed with the Fort Worth CITY Secretary no later than seven days after the date the person begins contract discussions or negotiations with the CITY, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the CITY. Updated Questionnaires must be filed in conformance with Chapter 176. Acopy ofthe Questionnaire Form CIQ is enclosed with the submittal documents. Theform is also available athttq://www.ethics.state.tx.us/forms/CIQ.adf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the CITY, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 27 of 41 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ I For Contractor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23. 84th Leg.. Regular Session. OFFICE USEONLY 7 . � ._;:w .2ir.. �.., ;�; �.i� -�:. �i n� :c,;.�:d;�r.. �: .ti��i� f.ir.;,:�:. t �-t.. ! ncril C,:., r�n�r:nl (-r�-ic..iY :� +, tr:. ; ... r.: '.3 :: t,ii.:;rt S .E '.F•L•�n:�ip 35 dS{���.._d tS} J3...�, �.io.6i1l� n. :til'; A _:.'. uCVf,Fi�.0 (�.:�a� r,a .�. ,` :ttYi �Iui ,�__ci;;r n-..c��ts �e:r:�trgmga;s u:zde� Se�;r�3a 1?a p0@iai By 1;1w 1111s qdltsl:oriP. 11rB mu.;; e,s, !•!eG wl;h m-0'.,?eq�iJ::s.sjn-,":S'.12.:,.;rt/ :l l����.,o JO•11f1 'LfFO'tal ,;'UII'.f not to:el r;,l n tr, 7 n bl � S'uess d�y .2-rf,;-r nL:; 0 1.! I;' me- vE-V:I'J� b.Z,"<'on; s. w: ari:' ot t; ;.. s'.hH\ re{-i I„i�;,; th;' 1 rnv:•ni;:1 �;,:; r,.-: /-:cd :-.:.e✓ i)r-r!1'.m t 71} um 1a I I uw:l I ri-w1"'.rn;:-(;:",'. Cc:l'k A VenB;::, CLi11ffi.1S 8:1 f/(:r,s.;, it ff [: vBr'dv' r..no,-.,1n1,J!rvr:)1.?.IVS Se;:\,o:�i i76.OG6, Lee.al C1Cve:n:):,2M CJ :0 An o:le1'st• v1d-2r t1 is sec c,•; ;,; z� n;isdftc! e., ;r 01 [] Check this box if you are fllin an update io apreviously fil!!dquestionnaire.1Ti1c law rcquircG � � im you filo an upd::nod co p tej qt,estronnaire lvith tt:9. appropnate filing _a;,.1t orHy not itlte( H1 an ihe /th business day after the date on which ymflu).::f11a c.uc \iiat Hie Oriq111a!!y f:lc-d ques.t!un1:mru ;.VHS irlcon'Ip!etu or 1!laccutcllc.! Narne ot Otf1 cef Describe each employment or other business relationship with the local government oflicer, or a family member of the olficur. as d1JScribed by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Alloch additionol pages to this Form CIO as necessary. NI �, A Is the fotai !.Joveunnr;-:I! cfh.::er w a fHm:iy a1t.;mbcr of PK o!i:.;et u.;:e1.;;P.:in:J or liki;.•iy to �x;t�nN:: t!'I'.D!iP.:ntome. oi!w:rtr1..1n 1rn1rstrnent [ncr:Gmt:;. fromthn vendor? Yes 8. Is the vendor rece;vtng or hke!y to ,�eceive taxable U1Come. OH1er than investment mco,; e. 1rorn or cti the d,rect:on of the local govemrnern otf1cer or a family rnember r.�� the om;-::er AND the taxable :r,come is not tY.:iceived from the letal 10-.rurr11ncnta! enht/; LYes Describe each employment or business relationship thatthevendor named in Section 1 maintains with acorporation or oiher business entity with respect lo which the local government officer serves as an officer or director, or holds an ownership interest of one percent or morn. �%�i4' — �� C'I a � ro �,n� 1e�,C�rh t P� r;� �� , qav r� kr��:rli� r� c;�a� iJ n�1: +r e 5€ c.�. nr:e �-,r r�r,r��: g�€R=, I t `—.-1 ��S T�R � i„ S2W[lOri i�K iJ�7',,._(l:?E'� ...ic.l,l�ii�y �7�'!.� �6'�CftL.,t3 alt ��E�!v?: i f� J}-z�,.. tj � ���` � ` .1c!r. � c��;;ar i3� � ra 6J;in�, - 1P� il+c tlu'Y•c.�rn.•;k .: C:-ii:y U34�`v "�.� � p.ov:c.i::! t;Y T�e�.as C,�.:�..Ccnu.�'.slan t,.... .i:..�.., ;, a�.� t�,.,,. t;��vi d tt-3(��?:�'.S Contractor Service Agreement - RFP 21-0072 Play Yard Covers 28 of 41 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at 11ttp:/1www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference. below are some of the sections cited on this form. Local Government Code6176.001(1-al:"Business relationship" means aconnection betweentwoormoreparties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal. state, or local governmental entity or an agency of a 1 ederal, state. or local governmental entity; (B) a transaction conducted at a price and subject lo terms available to the public: or (CJ a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, thatagency. Local Government Code§ 176.003(a)(2}(A) and Bl; (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income. other than investment income, that exceeds $2.500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between tt1 e local governmental entity and vendor has been executed; or (iiJ the local governmental entity is considering entering into a contract with the vendor: (B} hasgiventothelocalgovernmentofficerorafamilymemberoftheofficoroneormoregifts that have an aggregate value of more thanS100 in the 12-month p2riodpreceding the date the officerbecomes awarethar {i) a contract between the local governmental enlity and vendor has been executed; or (ii) tile local governmental entity is considering entering into a contrai;t with the vendor. Local Government CodeS 176.006{a) and (a-1} (a] Avendor shall hie a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) Ilas an employment or otiler business relationship with a local government officer of tlla! local governmental entity. or a family member of the officer described by Section 176 003(a)(2){A): (2) has given a local governmen! otticer of !hat local governmental entity. or a family member of the officer. one ormore gifts withthe aggregate value specified by Section t76.003(ai(2)(B). excluding any gilt described by Section 176.003(a- I): or (3) has a family relationship with a lor;al government o!flcer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day alter the later ot: (1) the date that the vendor: (A) begins discussions or negofo;tions to enter into a contract with the local governmental entity: or (B) submitstothelocalgovernmentalentityanapplication. responsetoarequestforproposals or bids. correspondence. or another writing related to a potential contract with the local governmental entity: or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer. described by Subsection (a); (B) that the vendor has given one or more gilts described by Subsection (a): or (C) of a family mlationship with a local government officer. `.!'Ve:r �lhli:;v:i'.FFI^.,[�.: Ui fiev:ScU i+.3U�li7l`: Contractor Service Agreement - RFP 21-0072 Play Yard Covers 29 of 41 ATTAC H M E N T-B HOW TO REGISTER WITH THE CITY OF FORT WORTH There are two ways that any business can bid on an event with the City of Fort Worth: 1. Access http://fortworthtexas.qov/purchasinq/ and view listed Bids & Requests without registering 2. Registering to become a Bidder To register as a Bidder please follow the below steas (via lnternet Exalorerl: Step 1 - Access http://fortworthtexas.qov/purchasinq/ Step 2- On the right side under PeopleSoft Supplier Portal - Select Log In Step 3- Select "Register as a Bidder" Step 4- Under Select Activity Below - select Business Step 5- Under Unique ID & Company Profile - Enter the following: • TIN Number • Entity Name o Any Additional Names ( DBA's) • Website URL Step 6- Under Profile Questions - Complete the following questions by using the calendar and magnifying glass accordingly for each question. Step 7- Under Standard Industry Codes - Select the following: • SIC Code Type - Use dropdown and select UNSPSC • Category Code - Select magnifying glass • Lookup Category Code - Under SIC Code Type - Description change "Begins With"to "Contains" ** TIP: The search is recommended to use the "contains field". in order to search all cateaory codes associated with vour business. � Step 8- Under Primary Address - Complete the following: a) Country b) Address Lines c) City d) County e) Postal f) State g) Email ID ( Email Address) Step 9- Under Other Addresses - Check the correspondent that correspond to your business Step 10 - Under Company Contacts - Select the Add Contact, Determiner if Primary Contact- Enter the following: a) First Name b) Last Name c) Title - Current Job Title d) Email ID - Email Address e) Telephone f) Fax g) Contact Type Step 11 - Under User Profile Information - Enter the following a) Requested User ID - Create a Username b) Enter Description - Current Job Title c) Language Code d) Time Zone e) Currency Code Step 12 - Review email address - Under Terms and Conditions - Select the Terms and Agreement Hyperlink -Select the box to accept the Terms. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 30 of 41 Step 13 - Click Submit There are two ways that any business can bid on an event with the City of Fort Worth 1. Access http://fortworthtexas.qov/purchasinq/ and view listed Bids & Requests without registering. 2. Register to become a Bidder (A bidder is someone that wishes to start doing business with the City of Fort Worth) Contractor Service Agreement - RFP 21-0072 Play Yard Covers 31 of 41 ATTACHMENT C DRAFT SERVICE AGREEMENT Draft Service Agreement is attached as a separate document. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 32 of 41 EXHIBIT A SCOPE OF SERVICES 1.0 PURPOSE The Code Compliance Department is looking for solutions from contractors to build weather resistant play yard covers at the Animal Care and Control Center. The covered structures will provide shelter to animals and persons from outside elements. See Attachment 1 for expected cover. 2. SPECIFICATIONS FOR PLAY YARD COVERS 2.1. For yard dimensions please reference Attachment 2, Play Yard Area Map. 2.2. PLAY YARD 3, 5 AND 6 2.2.1.Cover shall be 85 feet in length by 30 feet in width and about 10 feet in height to cover from the middle of the play yard towards the road near the sidewalk with some over hanger by sidewalk with a tilt for water run-off. 2.2.2. The cover must to be attached to existing play yard fencing structure. 2.2.3.A11 materials must be metal. Metal poles for covering shall be similar to materials of existing play yards or larger due to size of cover. All purlins and trusses should also be of like material andgauge for outside elements and existing covers at facility. The roof must be metal and match existing colors for main building and existing covers in other animal play yards. 2.3. PLAY YARD 7 2.3.1. The cover shall be 70 feet in length by 28 feet in width and about 20 feet in height to cover from side of the building over the walkway into play yards 3, 5, and 6. 2.3.2. The cover shall be independent from the main building structure with or without flashing, and with tilt for water runoff into adjacent play yards. 2.3.3. All materials shall be metal. Metal poles for covering shall be similar to materials of existing play yards or larger due to size of cover. All purlins and trusses should also be of like material andgauge for outside elements and existing covers at facility. The roof must be metal and match existing colors for main building and existing covers in other animal play yards. 2.4. PLAY YARD 4 2.4.1.Cover shall be 19 feet in length by 31 feet in width and about 20 feet in height to cover from side of the building over the play yard existing fence. 2.4.2.The cover must be independent from the main building structure with or without flashing, and with tilt for water runoff. 2.4.3.A11 materials must be metal. Metal poles for covering shall be similar to materials of existing play yards or larger due to size of cover. All purlins and trusses should also be of like material andgauge for outside elements and existing covers at facility. The roof should be metal and match existing colors for main building and existing covers in other animal play yards. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 33 of 41 ���7►��:7S��La:�=����91=31���1=�� 3.1. The Contractor shall have all of the tools of the trade as well as any licenses or permits to perform services. The city will not pay any additional charges. 3.2. The Contractor shall install the animal play yard covers at the address listed below: 3.2.1. 4900 Martin St. Fort Worth, TX 76119 3.3. The Contractor shall provide work 7 days a week, 8:OOAM to 5:OOPM with the exclusion of City of Fort Worth Holidays. 3.4. The Contractor shall provide structural plans / drawings and designs and obtain all permits required. 3.5. The Contractor shall have a general construction license and have a minimum of 5 years of experience building and structuring similar projects and have been working under their business name a minimum of 5 years. 3.6. The Contractor shall provide covers that are structurally sound and conform to all State of Texas building codes and regulations. 3.7. The Contractor shall provide a minimum of two summaries demonstrating experience and knowledge. 3.8. The Contractor shall complete services by May 2021. � ��:_► 4.1. The Contractor shall provide the following one year warranties: 4.1.1. One year warranty that work will be performed in a good and workmanlike manner. 4.1.2. One year warranty that materials will be new and of good quality. 4.1.3. One year warranty that the work will conform to the requirements of the contract documents. 4.1.4. One year warranty for any defects from installation or workmanship errors. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 34 of 41 EXHIBIT D COST SCHEDULE SUMMARY 1.0 The Contractor shall provide a breakdown of labor hours as well as materials that will be needed for the completion of the play yard covers on the provided excel sheet. This excel has been added as a separate attachment. The Contractor shall complete all three worksheets on the provided Excel for each Structure. All pricing shall be submitted in a separate seat envelope labeled "Pricing" with your proposal. 2.0 EXCEL SETUP 2.1 AUTOMATIC CALCULATIONS 2.1.1 The excel is set to automatically total all the following items: 2.1.1.1 The total cost for a specific part/material needed (Column E) 2.1.1.2 The total structure cost (Column E) 2.1.1.3 The total cost for labor (Column I) 2.1.1.4 The overall total for a structure (The structure cost+ labor cost) (Column G-1) 2.1.1.5 The overall total for all structures ("Structure 3- Play Yard 4" Worksheet, Column K) 2.1.2 If additional items need to be added, a new row can be inserted before the "STRUCTURE# TOTAL" row. This will allow the Excel to continuously add all items added and maintain the placed formulas. 2.2 PART/ MATERIAL- COLUMN A 2.2.1 The Contractor shall insert all materials needed for the completion of this service in this column. 2.2.2 The Contractor shall be as detailed as possible for all materials needed (this shall include the material type, the color, size, etc.) 2.3 QUANTITY - COLUMN B 2.3.1 The Contractor shall list the quantity of the part/material needed for the completion of this service. 2.4 UNIT MESAURE - COLUMN C 2.4.1 The Contractor shall state the complete word for the unit of ineasure for their part/material. Abbreviations shall NOT be listed. 2.4.1.1 i.e., "Inches" should be stated instead of "IN" OR "in". 2.5 UNIT PRICE - COLUMN D 2.5.1 The Contractor shall list the unit price of the material. 2.6 LABOR - COLUMNS G AND H 2.6.1 The Contractor shall list the estimated number of hours it wilt take only for the specified structure listed per excel sheet as well as the cost per labor hour. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 35 of 41 � � Z � W 0 Z W d' Z W d Q J a � � r T (0 a � � E m � Q � U � N � O U (6 C O U � a � � Q q' ',�g � ;� � N Q - y. W �5 � � .- :.. � a � ;- ��` � ' Q H Q r Q J a �, � ?� � � �rc � n � t�: O O „u i � wf _: � �,,� ,_- _.i +:: � +i ' . �I, -� �� � � ��� ` � �, � - - a C�=; _ ,�,�, � . �� � ,::� n, . . �- - : � �- y a55� � � �' � � a � ,.�;.�i s � .� y �t t • • ;�„� _ � �:; s j � Y Y�V I �h� r — ��^ ,� �.: ��'� ' ' L ;" �1�,� . 1;� ,, �y . - �� ^ �. }�' 1' °��`,,, � , �''{�-Y'` ��::. �. �t't�•"� +r ;,�:. � • -. •'i�i"F. �'i �1�.��: �T' �yG�� � i)fiF� _.� t � .' ; �n .. i l . � ": 4' r�,. , �1�j1,Tiy. �' e'�..� . •�.. J.,y t. - :.��4. arl., -.t�n.rry -'"y" f��'_�... ! p� r ♦ 11 i � l ��,� r �!� �� r � ��. � t 1:�r r--. r r,��� �. �.�+r" � ��" -- -� � >•� �+1. ; rf ,� "`'_" �' �- H i4 Y-�*' •� . '�-. � � � � , ,� � r � � ��: Y t,� ��' b,�,� t�r.�,.... �'&� .,�'. .��_1 r ��'��. -��s.�►�' :�� r , � . F a J. L .; N � r ��u �: m a� Z � � 7j F ;1 H f. Z.' x .� � ;i �� �n u rn I 3 } il � � > 0 U � m } m a N O 0 N d � �� � o C n � M N � Q U � � � 0 U (L � U Executive Summary SEF Builders fully understands the requirements of RFP 21-0072 of the animal covers being installed. SEF will have a crew of 3 people and a project manager working full time on this project to meet the installation deadline, unless acts of nature prevent usfrom working. Brody Frank - Project Manager Fernando Lopez - Crew Leader SEF has built many metal , free standing car ports for residential properties. The most important is the structure and the material. There isn't any manufacture guildelines on how a carport is built with Rpanels because of wind and roof weigh load ( snow etc ). That's why all post are 4x4 and 3/16 wall, and any posts going in ground post will be 3' deep and cemented with 5000 psi maximizer. Posts attaching to existing cement will be welded to an 8x8 X wall plates with 5/8 cement anchors. The roof inetal panels will have tee screws placed at 8' centers or less. All ceiling joists will consist of industry C-perlin metral that are 14 gauge thickness. Contractor Service Agreement - RFP 21-0072 Play Yard Covers 38 of 41 �ORT WORTH CITY OF FORT WORTH BID OFFER EventlD crwo:-2:-0072 � Event Round Version 1 ---'-----'-'--'--- 1 -._.. Event Name RFP nn'ma� P�ay Yard Covers Start Time o)/ .:.oi2o2o os: oQ :oo c�T Page[ 21 1 -----..__...-----'-'--'-'-----'--._._.._.... I Finish Time , O /OJ202 3:30: 00 CDT ] Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov �ine Det111S Line: 1 Descrintion: .... Qtv .. Unit . UnitPrice Animal Play Yard Covers - Submit pricing on 1.0 EA Exhibit D. Total Bid Amount: Contractor Service Agreement - RFP 21-0072 Play Yard Covers 39 of 41 .......... Total =��� ���; . � ; � ► � �► : ; . � ; � Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Veri�cation 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 Name: Signature of President / CEO Other Title: Date: Contractor Service Agreement - RFP 21-0072 Play Yard Covers 40 of 41 EXHIBIT E VENDOR'S INSURANCE Vendor Services Agreement Page 17 of 17 Contractor Service Agreement - RFP 21-0072 Play Yard Covers 41 of 41