HomeMy WebLinkAboutContract 55697City Secretary Contract No. 55697
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CONTRACTOR SERVICES AGREEMENT
This CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into by
and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, 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
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FT. WORTH, TX
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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
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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
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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:
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$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.
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(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.
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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.
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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
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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)
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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
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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
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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.
Contractor Service Agreement - RFP 21-0072 Play Yard Covers
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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'
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I t
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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`:
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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.
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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)
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ATTACHMENT C
DRAFT SERVICE AGREEMENT
Draft Service Agreement is attached as a separate document.
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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.
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���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.
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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
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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.
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�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
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.......... 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:
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EXHIBIT E
VENDOR'S INSURANCE
Vendor Services Agreement Page 17 of 17
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