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HomeMy WebLinkAboutContract 57387 CSC No.57387 FORTWORTH. VENDOR SERVICES AGREEMENT Mister Sweeper LP This VENDOR 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 MISTER SWEEPER LP ("Vendor"), a Texas Limited Partnership,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: I. This Vendor Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Price Schedule; 4. Exhibit C— City's RFQ No. 22-0046 5. Exhibit D— Vendors Bid Response to City's RFQ No.22-0046; and 6. Exhibit E—Verification of Signature Authority Form. Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,B, C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. Garage street sweeping services, which includes remove litter, debris, and dirt to maintain clean parking facilities.("Services"),which are set forth in more detail in Exhibit"A," attached hereto and incorporated herein for all purposes.. 2. Term. This Agreement begins on the date the Assistant City Manager signs this Agreement("Effective Date") and expires one(1)year later("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal options (each a"Renewal Term"). 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total compensation for the initial term will not exceed Thirty Thousand Eight Hundred and Fifty Two Dollars and Zero Cents($30,852.00).Vendor 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. Vendor understands and agrees that the compensation stated in this section is an amount not to exceed and is no way a guarantee that the Vendor will receive the total compensation. Vendor will only be paid for services rendered and the City will not be liable for any additional expenses of Vendor not OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation 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 Vendor 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 Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor 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, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor 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. 5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,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 Vendor.It will be the responsibility of Vendor 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.Vendor 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. Vendor 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, Vendor Services Agreement—Mister Sweeper LP Page 2 of 62 Vendor 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. Ri2ht to Audit. Vendor 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 Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor 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, Vendor 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 officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City.Vendor 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. Liability and Indemnification. 8.1 LIABILITY- VENDOR 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 VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- VENDOR 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(INCL UDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE Vendor Services Agreement—Mister Sweeper LP Page 3 of 62 NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor 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 Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor 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 Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor 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 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, 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 Vendor Services Agreement—Mister Sweeper LP Page 4 of 62 (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. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. IL Compliance with Laws,Ordinances,Rules and Regulations. Vendor 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 Vendor Services Agreement—Mister Sweeper LP Page 5 of 62 Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the performance of Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement 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: To VENDOR: City of Fort Worth Mister Sweeper LP Attn: Dana Burghdoff,Assistant City Manager Joseph Thompson, President 200 Texas Street PO Box 560048 Fort Worth, TX 76102-6314 Dallas, TX 75356 Facsimile: (817) 392-8654 Facsimile: 214-638-2833 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Employees. Neither City nor Vendor 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 either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor 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 Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Vendor Services Agreement—Mister Sweeper LP Page 6 of 62 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 to this 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 Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court,board, department,commission, or agency of the United States or of any States;civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only,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 Exhibits A,B, and C. 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. Counterparts. 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. 24. Warranty of Services. Vendor 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 Vendor's option, Vendor 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 Vendor for the nonconforming Vendor Services Agreement—Mister Sweeper LP Page 7 of 62 services. 25. Immigration Nationality Act. Vendor 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, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership 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, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 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 Vendor.Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor 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 Vendor 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 Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 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 Vendor Services Agreement—Mister Sweeper LP Page 8 of 62 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,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of the contract. The terms"boycott energy company" and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement,including all attachments and exhibits,contains the entire understanding and agreement between City and Vendor, 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 TO FOLLOW] Vendor Services Agreement—Mister Sweeper LP Page 9 of 62 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples, CITY OF FORT WORTH: 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 By: Dana Burghdoff(Apr11,20 12:41CDT Name: Dana Burghdofl' reporting requirements. Title: Assistant City Manager Date: ,20^ By: Peter Elliott(Hat,30,2022 11:19 CDT) Name: Peter Elliot APPROVAL RECOMMELADED: Title: Parking Operations Manager APPROVED AS TO FORM AND LEGALITY: By: bV(�2022 16: CDT) Name: William Johnson Title: Director,Transportation and Public Works By �0 Name: Christopher Austria ATTEST: Title: Assistant City Attorney CONTRACT AUTHORIZATION: 7g��e��e S Goo�lgGG M&C: N/A By: Jan nette S.Goodall(Apr 11,202213:20 CDT) Form 1295•N/A Name: Jannette S. Goodall 0o44n���� Title: City Secretary ���*oFORr�aa 0 d� l• 0_o o�-� 0 VENDOR: �O� a 00 0 Ay o00000°°� a MISTER SW EPE ���nEXASoo By: Name: Joseph Thompson Title: President Date: 94re& j ,20 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Vendor Services Agreement—Mister Sweeper LP Page 10 of 62 EXHIBIT A SCOPE OF SERVICES 1.0 DEFINITIONS 1.1 "Department Contract Manager" a City of Fort Worth employee assigned to manage the compliance, oversight and/or administration of the contract or project for their department of employment. 1.2 "Designee"a City of Fort Worth employee assigned by the Department Contract Manager to assist with the compliance, oversight and/or administration of the contract or Project. 1.3 "Agreement"shall mean the agreement for the sweeping and disposal of debris from the parking garages of the City of Fort Worth. 1.4 "City"shall mean the City of Fort Worth, its officers, employees, agents or representatives. 1.5 "Contractor"or"Vendor" shall mean the person,corporation or partnership performing sweeping services under contract with the City. 1.6 "Debris"shall mean all litter,rubbish, leaves, sand, dirt,garbage, and other foreign material removable from a paved surface with a street sweeper. 1.7 "May"shall be permissive. 1.8 "Regular Sweeping Services"shall refer to sweeping with the frequency listed in Section 9.0. 1.9 "Shall"means mandatory. 1.10 "Special Sweeping Services"refers to sweeping on an as needed basis as requested by the City. 1.11 "Sweeping"shall mean removal of all debris by dustless type machine sweepers from all portions of a garage. 2.0 PARKING GARAGE DETAILS 2.1 Taylor Street Parking Garage 2.1.1 Address: 311 W IOth Street,Fort Worth,TX 76102 2.1.2 Estimated Frequency of Services: Refer to Section 4.0 for specifications. 2.1.3 Square Footage: 130,000 2.1.4 Garage Clearance: 6' 4" Vendor Services Agreement—Mister Sweeper LP Page 11 of 62 2.1.5 Six(6)levels: with a total of 340 parking spaces. See Attachment F: Garage Map 2.1.6 Two(2)Entrances: Located on the North and West Side of Garage 2.1.7 One(1)Exit: Located on the West Side of the Garage 2.1.8 Standard operating hours Monday—Friday 6:OOam to 8:OOpm. 2.2 New City Hall Parking Garage New City Hall Garage—contingent based upon management of garage. If garage is not managed by TPW Parking, sweeping services will not be required. 2.2.1 Address:100 Energy Way, Fort Worth, TX 76102 2.2.2 Estimated Frequency of Services: Refer to Section 4.0 for specifications. 2.2.3 Square Footage 300,000 2.2.4 Garage Clearance 7' 0" 2.2.5 Four(4) levels including roof top with a total of 835 parking spaces 2.2.6 Two(2)Entrances: Entrance access from the Southwest surface lot with two(2) entrance lanes. Garage rooftop entrance from City Hall to the East with one(1)entry lane. 2.2.7 Two(2)Exits: Exit access from the Northwest surface lot with(2)exit lanes. Garage roof top exit from City Hall to the East with (1) exit lane. 2.2.8 Access Card Required. 2.2.9 Standard operating hours Monday—Friday 6:OOam to 8:OOpm. 2.3 Houston Street Parking Garage 2.3.1 Address: 1200 Houston Street,Fort Worth, TX 76102 2.3.2 Estimated Frequency of Services: Refer to Section 4.0 for specifications. 2.3.3 Square Footage 400,000 2.3.4 Garage Clearance: 7' 3" 2.3.5 Eleven(11) levels including the roof top with a total of 1054 parking spaces. 2.3.6 One(1)Entrance: Located on 11 th Street the North Side of the Garage 2.3.7 One(1)Exit: Located on 1 Ith Street the North Side of the Garage 2.3.8 Access Card Required 2.3.9 Standard operating hours Monday—Friday 6:00am to 8:00pm. Vendor Services Agreement—Mister Sweeper LP Page 12 of 62 In some cases, sweeping operations may be rescheduled and or canceled due to special events. In the case of a special event, an e-mail notice to reschedule or cancel will be sent within five(5) business days before the scheduled cleaning from the City. 2.4 Commerce Street Parking Garage 2.4.1 Address: 1301 Commerce Street, Fort Worth,TX 76102 2.4.2 Estimated Frequency of Services: Refer to Section 4.0 for specifications. 2.4.3 Square Footage 287,000 2.4.4 Garage Clearance: 6' 3" 2.4.5 Six(6) levels including the roof top with a total of 754 parking spaces. 2.4.6 One(1)Entrance: Located on Commerce Street the West Side of the Garage 2.4.7 One(1)Exit: Located on the Calhoun Street on the East Side of the Garage 2.4.8 Access Card Required 2.4.9 Standard operating hours Monday—Friday 6:00am to 8:00pm. In some cases, sweeping operations may be rescheduled and or canceled due to special events. In the case of a special event an e-mail notice to reschedule or cancel will be sent within five(5) business days before the scheduled cleaning. 3.0 VENDOR RESPONSIBILITIES 3.1 Vendor shall provide personnel, management, supervision,quality control, materials, and equipment to perform sweeping services for the City of Fort Worth. 3.2 Service shall include furnishing all labor,equipment,tools,fuel, materials, insurance, supervision, and all other items incidental thereto and to perform all work necessary as specified. This includes: 3.2.1 Regular Sweeping Services 3.2.1.1 Vendor shall provide at least one sweeping machine and one blower operator, or equivalent blower equipment. The final number of machines and blower operator shall be determined by the Vendor. 3.2.1.2 Vendor shall sweep all entrance and exit ramps 3.2.1.3 Vendor shall sweep all drive way areas 3.2.1.4 Vendor shall sweep all parking spaces up to guardrails. Vendor Services Agreement—Mister Sweeper LP Page 13 of 62 3.2.1.5 Vendor shall remove all debris from the parking spaces, ramps and driveways. The Vendor shall make as many passes as necessary to accomplish the task. 3.2.1.6 Vendor shall provide a swept ticket report for each garage swept. Swept ticket report shall be e-mailed to(parking@fortworthtexas.gov)within three(3) business days after set-vice has been rendered. Swept ticket report shall include the following data. • Date • Account Number • Employee name • Time In/Time Out • Vehicle Unit Number 3.2.2 Special Services 3.2.2.1 Emergency garage cleaning services are upon request by the City. The sweeping operation shall begin within five(5)hours of the notification. 3.2.2.2 Additional garage cleaning services are upon request by the City. These services include but are not limited to, manual touch-ups with hand blower or equivalent equipment and removal of all debris behind wheel stops and corners. The sweeping operations shall begin by the end of the next business day following the notification. 3.3 Changes of Services 3.3.1 During the term of this agreement or any extensions thereof,the City may elect to increase or decrease the frequency of sweeping services. The stated increase or decrease shall be by written or electronic notification to the contractor.The unit price for additions shall be at the current agreement unit pricing. 3.4 Disposal 3.4.1 Vendor shall be responsible of disposing all litter, debris and dirt from the garage. 3.5 City Contact 3.5.1 For daily operations, the City's point of contact will be the Parking Operations Manager, or authorized representative. 3.6 Vendor Contact 3.6.1 The Vendor shall provide a contact for the following: Vendor Services Agreement—Mister Sweeper LP Page 14 of 62 3.6.1.1 Owner/Business Operator contact information. 3.6.1.2 Supervisor available via telephone,email, and or mobile response during all hours during sweeping. 3.6.1.3 Customer service via telephone during all business hours. 3.7 Vendor's Employees 3.7.1 Identification 3.7.1.1 Vendor's employees shall be required to wear a clean uniform bearing Contractor's name. Employees who normally and regularly come into direct contact with the public shall bear some means of individual identification, such as nametag or identification card. 3.7.2 Driver's License 3.7.2.1 Employees driving Vendor's vehicles shall at all times possess and carry a valid Driver's License issued by the State of Texas which is appropriate for the type and size of the vehicle. 3.7.3 Conduct 3.7.3.1 Vendor's employees shall conduct themselves in such a manner as to avoid embarrassment to the City of Fort Worth and shall be courteous to the public. If required,the City retains the right to require any operator to be removed from working on this contract. 3.8 Safety 3.8.1 All work under this contract shall be performed in such a manner as to provide maximum safety to the public and to employees performing work. The contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law or otherwise to protect the public during operations. 3.8.2 No separate compensation shall be paid to the contractor for the installation or maintenance of any warning devices, barricades, lights, signs, arrow boards, or any precautionary measures required by law or otherwise for protection of persons or property. The City will not provide any type of work zone traffic control devices. 3.8.3 The City reserves the right to issue a restraint or cease order to the contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this agreement or when contractor is not complying with safety requirements. Applicable provisions of the following shall be incorporated into the specifications for this project. Vendor Services Agreement—Mister Sweeper LP Page 15 of 62 3.8.3.1 Texas Manual on Uniform Traffic Control Devices 3.8.3.2 Texas State Highway Standard Specifications 3.8.3.3 All Federal, State,Municipal acts, statutes, rulings, ordinances, decisions, and regulations 3.8.3.4 All subsequent revisions and supplements to the above documents 3.8.4 The safety of the public and the convenience of traffic shall be regarded as prime importance. Unless otherwise provided herein, all portions of garage shall be kept open to traffic. 3.8.5 All Vendor's employees shall be trained and equipped to protect the public and employees from hazards related to sweeping, collecting, and disposing debris. This includes wearing proper safety devices including eye/ear protection and safety vests at all times. 3.8.6 Be responsible and liable for the safety, injury and health of its working personnel while its contract workers are delivering trees and shrubs on City property. 3.8.7 Ensure that no worker shall arrive on City premises with any type of firearms or weapons, drugs or alcohol. 4.0 SCHEDULE OF SERVICES 4.1 Vendor shall deliver garage sweeping services based on the frequency defined for each of the garage locations as detailed below: 4.1.1 Taylor Street Parking Garage Once a week on the first week of each month. Once a week on the third week of each month. 4.1.2 New City Hall Parking Garage Once a week on the first week of each month. Once a week on the third week of each month. 4.1.3 Houston Street Parking Garage Once a week on the first week of the months of January, April,July and October. 4.1.4 Commerce Street Parking Garage Once a week on the first week of the months of January, April,July and October. 4.2 Vendor shall provide the City with a tentative schedule of services for each of the location upon execution of the service agreement. 4.3 Vendor shall notify the Parking Operations Manager, or authorized representative, within five(5) business days of any changes on the services scheduled to prevent conflict with other activities. Vendor Services Agreement—Mister Sweeper LP Page 16 of 62 4.4 Sweeping operations are to be conducted after 8:OOPM, preferable on Sundays. 5.0 WARRANTY 5.1 The Vendor shall provide a warranty to include at a minimum, but not limited to the following: 5.1.1 In addition to any other warranties in this contract,the Vendor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Vendor or any supplier at any tier. 5.1.2 Upon notification by the authorized City personnel,Vendor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The Vendor Agrees to repair promptly any defective work and or products covered under written warranty in quote. 5.1.3 The Vendor shall remedy at the Vendor's expense any non-conforming or defective products or work. In addition,the Vendor shall remedy at Vendor's expense any damage to real or personal property owned by the City of Fort Worth,when that damage is the result of a defect of products furnished. 5.1.4 The Vendor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 5.1.5 The City of Fort Worth shall notify the Vendor,within a reasonable time after the discovery of any failure, defect, or damage. 5.1.6 If the Vendor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice,the City of Fort Worth shall have the right to replace,repair, or otherwise remedy the failure, defect, or damage at the Vendor's expense. 5.1.7 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 5.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract,the Vendor shall: 5.2.1 Obtain all warranties that would be obtained in normal commercial practice; 5.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 5.3 The Vendor's warranty shall include all third-party and other aftermarket components which are installed and or supplied by Vendor. 6.0 INSURANCE REQUIREMENTS-INTENTIONALLY DELETED 7.0 ADDITIONAL INSURANCE REQUIREMENTS—INTENTIONALLY DELETED Vendor Services Agreement—Mister Sweeper LP Page 17 of 62 8.0 RIGHT TO AUDIT—INTENTIONALLY DELETED 9.0 SUBCONTRACTING—INTENTIONALLY DELETED 10.0 HAZARDOUS CONDITIONS 10.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 10.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment(PPE)while handling hazardous material. If there are questions regarding how to dispose of materials,the Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 11.0 CONTRACT ADMINISTRATION AND TERMINATION 11.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Vendor, in writing, of its failures.A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 11.2 In the event the Vendor continues with unsatisfactory performance,the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s), which could include cancellation,termination for convenience or default. If the agreement is terminated for default,the Vendor may be held liable for excess cost and/or liquidated damages. 11.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are,or which may become, due and owing to the City. 11.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination,the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement,the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 12.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 12.1 If the Federal award meets the definition of"funding eCFR—Code of Federal Regulations agreement" under 37 CFR§401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, Vendor Services Agreement—Mister Sweeper LP Page 18 of 62 assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 13.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 13.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 14.0 DEBARMENT AND SUSPENSION 14.1 Per Executive Orders 12549 and 12689, a contract award(see 2 CFR 180.220) shall not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp., p. 235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor Services Agreement—Mister Sweeper LP Page 19 of 62 EXHIBIT B PAYMENT SCHEDULE FORT WORTIL ID SOLICITATION ry nl ID P g Invited: PUBLIC EVENT DETAILS c n,. zz-Doer_.__-- _ s -- -- Lvrvnt Round Var iun Submit To: City of Fort Worth �0�1/12 FINANCIAL MANAGEMENT SERVICES z2 00 30 on caT of/zIa Time/zazz pe.ao:oo csx FINANCE-Purchasing z.�, 200 Texas St. Lower Level,South) Fort Worth TX�6102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Lino; t Descri tion: Ql __Unit UnitPrico_____ Total Taylor St. rvi 24 EA Garage-Regular Sweeping Seces .00 R9. j Qn oo Line: 2 Description: Qty Unit Unitprice Total Taylor St.Garage-Addlionel Sweeping 2.00 EA Services Lino: 3 Descriptlon: Illy Unit UnitPrice Total Taylor St.Garage-Emergency Sweeping Y. _ EA Sarvicca d .j 96o-©0...1 Line: 4 Descriptlon: _ Qtv Unlf UnitPrice Total New City Hall Garage-Regular Sweeping 24.00 EA Services `_gSj.0o 6/,016,0j Line: 5 Descriptlon: Qty Unit UnitPrice Total New City Hall Garage-Additional Sweeping 2.00 EA services 1So't�7 15`pn.vD� Line: 0 Des" tlon: Qtv Unit UnitPrice Total New City Hell Garage-Emergency Sweeping 2.00 EA _ Services __.___ _.. � r6oa oo ( i Z,oo�.0a j Line: 7 Description: Qtv _--Unit UnitPrice Total Houston St.Garage-Regular Sweeping 4.00 EA Services `�ZD. G� Line: 8 T Descriptlon: Qlv Unit UnliPri" Total Houston St.Garage-Additional Sweeping 2.00 EA Services 6 00 L J(0-a)_I RFQt 22-0046 Garage Sweeping Services page 2 of 2g Me 3 Vendor Services Agreement—Mister Sweeper LP Page 20 of 62 FORTWORTH, BID SOLICITATION Fvont iD papa Invited: PUBLIC EVENT DETAILS CF9101-22-11046 levant Round Version Submit To: City of Fort Worth I I FIN NCIAL MANAGEMENT SERVICES rVent Name FINANCE-Purchasing RFQe GOLgg epiAq_S­1­ 200 Texas St.((Lower Level,South) Start Finish Time Fort Worth TX 0 m/tz 2022 (M.30:00 8�01/2r o, United States U 022 Email: FMSPurchasingResponses@foitNvorthtexas.gov Line: 0 425-0—rip—tiory - Unit UnItPrice Total Houston St.Garage.Emergency Sweeping 2.00 EA Services Line: 10 Description: Qty Unit .. LJr nItPrice Total ....... _ Commerce St,Garage-Regular Sweeping 4.00 FA Services f -00 of) to Line: 11 qe§cription: city Unit UnitPrice Total Commerce St.Garage-Additional Sweeping 2.00 EA services S_oo-0 0 /060-00 12 Description: MY Unit UmtPrice Total Commarca St.Garage-Emergency Sweeping 2.00 EA Services 10("-Ov Total Bid Amount: 130, K2.Do A bid of'0'will be interpreted by the City as a no-charge(free)item and the City will not expect to pay for that item.A bid of'no bid'or no response(space left blank)will be interpreted by the City that the Offerer does not wish to bid on that item.Be advised,a'no bid'or no response may be considered as non-responsive and may result in disqualification of this bid. Services not listed above will be offered at a discount of % (Services may be added on an as needed basis throughout the life of the agreement,therefore,the bidder shall submit a price list for all available items with their bid submittal) RFQt 22-0046 Garage Sweeping Services Page 3 of 29 Vendor Services Agreement—Mister Sweeper LP Page 21 of 62 EXHIBIT C CITY'S RFQ NO. 22-0046 t j� mister Super, LOCALLY OWNED I 91 CI'f�� (((ff NCE iSGS f.1++ Maria Canoura City of Fort Worth Financial Management Services Finance-Purchasing 200 Texas Street Fort Worth,TX 76102 RE: RFQt—GarageSweepingServices Dear Ms.Canoura, Thank you for the opportunity to bid the Garage Sweeping services for the City of Fort.Worth. We just celebrated the completion of our 16"year in business in our current name.The business has operated In the DFW region since 1965. We have a filing cabinet full of cities that we have swept for,including the city of Fort Worth as recently as this Saturday. We take care of our employees by investing in them with training. We also provide great benefits to our employees including providing a weekly chaplain visit,access to health care,dental care,Christmas baskets and more. We also meticulously maintain our fleet of sweeper trucks. We blowout air and fuel filters daily,top off fluids daily,wash trucks daily,check air pressure in tires daily. As such we get a lot of use out of these trucks. We anticipate utilizing Tymco 210 sweepers mounted on F450 chassis as they are the only ones that are low enough to enter these garages. We have 7 of these trucks that are within 5 years old. Our Tymco 210's come mounted with our Patented Sidekick Turbine Blower System. The Sidekick is as powerful as 16 backpack blowers all in one unit. It looks like a red jet engine on the back of our sweeper. The sidekick is great for blowing behind curb stops and works especially well in garages. As for the trash our sweepers pick up. We bring it back to our shop and meticulously separate it. We pull out the dirt,from the trash. The trash is taken to the McCommas Bluff Landfill,and the dirt is recycled to someone that needs it. Thus,we help reduce waste that goes into the landfill. In closing,I apologize that we are not able to provide actual references for garage cleaning. Virtually all our customers require confidentiality,and we cannot mention them by name,etc. We have exactly 724 properties where we provide 743 services to over 391 different Management companies. The best reference I can give is that we have swept the Taylor Street garage for the last 5 years. And in fact,you guys have called us to do an extra sweep in that garage this coming Saturday. Thanks again for the opportunity. Sincerely, "A Joseph,Tlso'mpson III-President nallas•PO.Box 560048 Dallas,TX 75356-0048>Phone 214-688-44,4=Fax 214-638-2.833 Houston 5002 West 341h Street,Houston,TX 77092-5827 e Phone 713-688 0W o Fax 832-,176-1974 eaevw.misice�waeeglar.enns�cle-rnit&smis4erswaetaer.corn Vendor Services Agreement—Mister Sweeper LP Page 22 of 62 "0 BID SU13MISSIGN SIGNATURE PAGE Evant In Page Invited: PUBLIC EVENT DETAILS JIF1101-22_-0016 Event Ralind —Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Yvemith-me FINANCE-Purchasing are cep s �i- S­Yj-ns 200 Texas St.(Lower Level,South) ,9tart Time ilS,,T,. Fort Worth TX 76102 01/12 2022 08;30:00 CST 01/2812022 98;3o_00 CST cs� United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned,by his/her signature,represents that he/she is submitting a binding offer and Is authorized to bind the respondent to fully comply with the SDIICItBUon document contained herein.The Respondent,by submitting an signing below,acknowledges that he/she has received and read the entire document packet sections defined above Including all documents incorporated by reference,and agrees to be bound by the terms therein. Company Name:—M l5 Pei- bo Company Address: PO BOX 6 CO q1r CHY'State'Zip: 1 7 6- Vendor Registration No. 6 PPP f '0019 Printed Nam a of Officer or Authorized Representative: Title: Pry ... ........ Signature of Officer or Authorized Representative: Date: I EmailAddress: eo"-i Phone Number:—2-N-6 e8'_WW Federal ID(FID)Number: 2_0qj0q3je Will agreement be available for Cooperative Agreement use?Yes No (See Section 11.0,Part i) RFQt 22-0046 Garage Sweeptng Services Page 1 of 29 Vendor Set-vices Agreement—Mister Sweeper LP Page 23 of 62 FoRTWORTH. BID SOLICITATION Event In Page Invited: PUBLIC EVENT DETAILS Event Round volaion Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing -RrQt - 9_11��Iqe_$11,la—.2-ing-je,y i 200 Texas St. Lower Level.South) 8"art'rlrrla Fln1shTima Fort Worth TX 6102 LLiji2/2,022 01J2.8LM2 90:30:00 CS,T United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: MY Unit UnIlP(Ies Total Taylor St Garage-Regular Sweeping Services 24.00 EA 00 Line., 2 I)escriptlon; Qtv Unit ...... UnItPrIce Total Taylor St.Garage-Additional Sweeping 2.00 EA Services i 3, 601,00 Lino: 3 Description: Qtv Unit UnitPrIco Total Taylor St,Garage-Emergency Sweeping 2.00 EA Services Line: 4 Description;_ ft Unit UnitPrIco Total New City Hall Garage-Regular Sweeping 24.00 EA Services Line: 5 Voscriptlon: Qtv Unit UnItprice Total New City Hall Garage-Additional Sweeping 2.00 EA Services 0. Line: 6 Description: Qtv Unit UnitPrIca Total Now City Hall Garage-Emergency Sweeping 2.00 EA Services 100) 06, Z'om 00 Line: 7 Description:--..., Qtv Unit UniflPrIce Total Houston St.Garage-Regular Sweeping 4.00 EA 1 Services '00 _z .01) R9 o Line: 8 Description: City Unit UnItPr1co Total Houston St.Garage-Additional Sweeping 2.00 EA Services RFQt 22-0046 Garage Sweeping Services Page 2 of 29 poy Vendor Set-vices Agreement—Mister Sweeper LP Page 24 of 62 t /otarti" BID SOLICITATION Eventl0 _ Pago Invited: PUBLIC EVENT DETAILS CFk01-27. Evont Round Version Submit To: City of Fort Worth 3 1 FINANCIAL MANAGEMENT SERVICES Event Name FNANCE-Purchasing REP. _carter .r_epin sex tees __._. _ 200 Texas St. Lower Level,South) Start Time Flnlsh Time Fort Worth TX 76102 01/12 2022 oo:30 00 CTF ., oa za z02zos 30:00 csr United States Email: FMSPurchasingResponses@foitworthtexas.gov =Line; 9 rl lion: Qty Unit UnitPrice Total Houston St.Garage-Emergency Sweeping 2,00 EA Services Lino: 10 Description• _ ___ ON Unit UnitPrice Total Commerce St.Garage-Regular Sweeping 4.00 EA Services Line: 11 Description: _ Qty Unit Un_ItPrice Total _ Commerce St.Garage-Additional Sweeping 2,00 EA Services 5700,00 //)Co=oil 61na: 12 Description: City Unit UnitPrice Total Commerce St.Garage-Emergency Sweeping 2.00 EA Services Total Bid Amount: ,qai�`C2 0(),I A bid of'0"will be interpreted by the City as a no-charge(free)item and the City will not expect to pay for that item.A bid of'no bid"or no response(space left blank)will be interpreted by the City that the Offerer does not wish to bid on that item.Be advised,a'no bid'or no response may be considered as non-responsive and may result in disqualification of this bid. Services not listed above will be offered at a discount of (Services may be added on an as needed basis throughout the life of the agreement,therefore,the bidder shall submit a price list for all available items with their bid submittal) RFQ122-0046 Garage Sweeping Services Page 3 of 29 Vendor Services Agreement—Mister Sweeper LP Page 25 of 62 COMFLICT OF INTERIEST QUESTIONNAIRE FORM ClC4 For Vendor daing husimms with local goverrinx-cull entity Th"r qmE Inmtm taPActs chgnNs mm? to On twH by 110.23,Mir LAII,NgLhr W qwUoaml'a bbaSng Ila](niix*rdjxewAhChap!kx im,t-o-,j hjawm&s" has a fjuq'v ai:Vsl rdwah";P as dofu*j by 8a--' W m l7r10-a)T&th a kcalP"loam" 64Y 112.1 6 arts ii�o vwaPm rroda roq6ameulo ujv!,A VWjon IMM'SN. Ps pael fives qau r ro framtha NAmth Via romals Ufum col later fta the 7th busim,4 dry aftw the(tR4a 1,10 VOW"lxwn B a-was;of hA^,iltal reqw,70 tha otostmit In W FM_ -oa 90E,50n 17G.GWE-11),Lncal Vmorowfra.zt CVr). A verda uannQ,an e&iaq if La vanda"- .iieq Yklaf-m Slacroo,176,006,Lots)Gammraal Co,*.An chars mki Us SOCTCA)19 a"'AMM-grou. lJ tKi'Ster �,,Veaqer Fch�tc Uds.box fIVVj xm fiting An updOg to a pi*vlouslyfilod quzzlinndro.(Tholow mjum;that you blo an updated you became mqaro that tho originally filmA i'tcomwole to lnnmumta) rNarnaof k,,aal gowintrmt o-bloarakout whm.ib_-Wornalion Is ladflit dlaelomq. Kfpmg of olocnr _J_ 4 DQuilbo,om.h eruploqw..t ar oltm bo4wim U.fcasf um..rw-.t ow' A;or a fRouly irmtrar of tha oiluma,Em 61 scribed by'Dollan AID arie-criba�q fardly rolatic�mhlp MW It*f�azl U mmmmnk cfficer. GwA,oia vubprls A ml 0 foron,11 omploymall.or bwN"% rolallorwhIp dawdbodl.Attzeb vddMonmt pmaea to thla rono C10 or no _scary. A. Is tho load gmynniout offror or a family nimbnr of IN offk eT rn-04ing or HkOy to touoiw;taxpwo income, othst than twesIrnant fnwrno,From the vandor? Yea NO 8.is thovandor ractNrieg ca lixay to rouoFta tax&laa irwr�tno-,Diller Ulan irrresimertirmomo,tram os ai Lira dhaciion of rho local paiGnunont olker ar a fmmlymarnbw of[ho rfilmr AND the taxably iatomo is not rew'miuf From too local gava m. raqNI outHy? van No :51 m8wila,onth omr4ayment or Injainaca r0stfcashIp that the vender nzmad!n albarbualrm--oulity wMich tfio to--at or holds en oeormsNift Intaroid of om pmont er mom. Da ONOnthe ImalgovernmoRtoftsrot afanffy memberoltho officororv4urroorortlfts as descubad In Section exclucring gifts damn)ad in SGctfoa 1763JO9t8.1). 7j wlUe I ras.Fla Form RFQt 22-OD46 Garage Sweeping Services Page 22 of 29 Vendor Set-vices Agreement—Mister Sweeper LP Page 26 of 62 ATTACHMENT-B BIDDER CONTACT INFORMATION The contacts listed below will be available to the City per Part 2,Section 3.6.1,page 14. Bidders Name: YM i,S(L rap' �o)eopej)- I— Bidder's Local Address: 3 a Z —1Y Hours of Operations; ?-117 ete-�jL Z 21q-�jg-IlVq�t - -k4��10 ­(Va���-c �', Phone: Fax: Zlq -63,f-203 e After Business Hours Phone Number, 2J(I-?ffl-11?2S- U14117 101MA, 'Email: t'S-Nr 5laleen2t,cam j664(0 Name of owner/business operator NameTritle--oo S ph Phone:-2-1q-6k6'-VWq- Fa), After Business Hours Phone Number: Email:_,jod,e.-q, IIAIS Name of persons to contact when requesting services or billing questions: Name/Title Nje a,.,,,�: (I e C6 f- Ph...:-2-lq-Ug"ON F,,: 7111-6)R-�-33 After Business Hours Phone Number, q11- 671-bill Email: Narnerritle fKar'K,,- RoseJe Phone:-2J Ll-6 f& F,,: atLf-&V-2*3-� After Business Hours Phone Number: Email:-01e?r+Az)-0—C,tsfef" (J C�o Will your company accept Credit Card payments?Yes U/N.0 By signing this page,the Vendor confirms the people listed above will serve as the contact for City of Fort Worth.Vend h 11 notify the City if any changes are made to the contact lists. 17 /a, MO( X-V-es Signature Printed Name Date RFQt 22-0040 Garage Smeping Services Page 24 of 29 Vendor Set-vices Agreement—Mister Sweeper LP Page 27 of 62 ATTACHMENT-C BIDDER QUALIFICATION QUESTIONNAIRE 1.Bidder years of knowledge and expertise in providing garage sweeping services to a similar or same size entity? N 2.How many years has your organization been in business under its present name? 3.List any former names your organization has operated under and the time-frame. Name _ Time-frame 4.Provide a description of the methodology used to perform garage sweeping services.Please use additional sheets if,gecessary. , M)t (A lI O-e- a p lr c�ct S rr e v� Sir eP U carrh t s Gl� S�`nP� vJeetas- c�J, fr c� swee Ps- lilac✓Gam!/ r,Iz Sa✓e,!P A ( lf_v�!(S E fc¢ rt bg Ile, 11 5.Is your company able to respond to City locations on the same day service is called for?No❑Yes 6. Does your com any offer same day emergency service,if so,what is your average response time? r �..,.�°s;. . �, s ,.v,�z_..e(�1 �.�calcalw�, /t�.r'�_ 7.Types of methods and protocols used that ensure safety to both personnel and civilians?Please use additional sheets if necessary. (Our <v)ez °S 041"e,c &cr_ up C4kA'P_"tS l.w W' scPe'�_,. C_ce1.b£ we Y/{-,l�t Q.r2g}µt Ir`,t�zy:l5 A-•... y'iavP� tcY' S(o s-J S:Ip%f' 8.Personnel availability after B:OOPM to perform garage sweeping services to include: Number of Employees Average of years employed by Average years of Available the bidder experience: �/ L 2S/retilS 13 119 f qvr S-7 e:�- la Ga$ee .vK U 9.Provide in a separate sheet a list of equipment/materials used to complete garage sweeping services. 10.List the minimum number of equipment and personnel necessary to complete garage sweeping services.Please use additional sheets if necessary.JTWL A40uuh6t c, t Arj P rD WS-U GAosd 14,s M t(c r,'vef a. J JoLier Gale wh11� S Ooi- r° eKc '�dr k 1ik 6ncxf }..(n�lnrin UA'Ap__1 S YAPS 11.Describe in a separate sheet the method of disposal of all fitter,debris and dirt from each of the garage location. RFQt 22-0046 '9 Garage Sweeping Services Q4Q Page 25 of 29 r Vendor Services Agreement—Mister Sweeper LP Page 28 of 62 ATTACHMENT-D REFERENCE SHEET Bidders shall provide a reference list of a minimum of three(3)current customers(comparable in size) who the bidder has recently supplied garage sweeping services on a continuing basis over a recent twelve (12)month period.The City will be the sole Judge of references.Please use additional sheets if necessary. "VS' 6 r� ,f" WI'g-d- 'r =F. 1. Company's Name ss out- ev"Jri-dct," W�1� tom, (�Ll- �b 4fdose Name of Contact �2i e reJPere-,.,.ces, Title of Contact tj)e 4te,Je Swc e13-NIff e-1,Z?C-.e' i- Present Address City,State,Zip Code Telephone Number ( ) Fax Number( ) Email G e Coo rK -&r- I(4r, avtlz=h, a 'Stfl �.� oVet- -)()D I4L�Af��v2(�ce CrNi C �615 �a}�t �2 �w<_� t5 2. Company's Name 1 0 v Name of Contact Title of Contact Present Address City,State,Zip Code Telephone Number ( ) Fax Number( ) Email 3. Company s Name Name of Contact Title of Contact Present Address City,State,Zip Code Telephone Number ( ) Fax Number( ) Email RFQt 22-0046 Garage Sweeping Services Page 26 of 29 Vendor Services Agreement—Mister Sweeper LP Page 29 of 62 '60iteb 6katel of amet. P Iraniter tatel atettt 40 Trabemark Office MISTER SWEEPER Reg.No.5,564,921 Mister Sweeper LP (TEXAS LIMITED PARTNERSHIP) 3522 Doug Dr. Registered Sep. 18,2018 Dallas,TEXAS 75247 Int.Cl.' 37 CLASS 37:Street sweeping services; Street cleaning; Power washing services; Pavement striping;Trash clean-up Service Mark FIRST USE 12-31-1963;IN COMMERCE 12-31-1963 Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE,SIZE OR COLOR SER.NO.87-772,901,FILED 01-26-2018 �t Director of the United States Patent and Trademark Office Vendor Services Agreement—Mister Sweeper LP Page 30 of 62 ATTACHMENT-G DOCUMENTATION CHECKLIST 'Bidder shall complete the helow to aid in responsiveness* Refer to Part 1,Section 17.0 for more Information on the below required documents. ]3eauired Doctt enl Docum.nt A i.h-d9 ', Page Numbers of Bid Res onse XaSINo_ *Bidder will need to number their *Answering No may result bid response In ink` In failure to be awarded' A completed and signed Bid �s Submission Signature Page lrJl A completed Bid Solicitations J A completed and signed Attachment A -Conflict of Interest Disclosure 's Requirement A completed and signed Attachment B—Bidder Contact Information A completed Attachment C-Bidder Qualification Questionnaire 2S A completed Attachment D— o Completed Reference Sheet providing yy�} three(3)references U Documentation showing Bidder's company has been in the marketplace PC, for a minimum of two(2)years(i.e. Secretary of State) Scanned copy of all documents listed In Section 17.1 Part 1,in a flash drive. o Signed Addendums Sent Out After 0 �0�Q@T2 the Release of the Bid f Q(0-0.S-Q E� RFQt 22-0046 Garage S meping Services cab 2 to Page 29 of 29 Vendor Services Agreement—Mister Sweeper LP Page 31 of 62 EXHIBIT D VENDORS BID RESPONSE TO CITY'S"Q NO.22-0046 FORT WORTH, COVER PAGE Event to Page Invited: PUBLIC EVENT DETAILS CFv101-22-o045 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FNANCE-Purchasing !!a - Garage sweeping 9—i—s 200 Texas St.(Lower Level,South) Start Time Finish Tirne Fort Worth TX 76102 01/12/2022 08:30:00 CST 01/28/2022 08:30:00 CST United Slates Email: FMSPurchasingResponses@fortworthlexas.gov Event Description The City of Fort Worth(City)seeks bids to finalize an annual agreement for garage street sweeping services for the Transportation and Public Works Department. Submission Requirements&Deadlines All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal.Please visit https://wwrv,forhvorthtexas.gov/departments/finance/purchasing/registerfor more information. Assigned Buyer:Maria Concurs Pre-Bid Conference:Tuesday, January 18,2022 11:00 AM via WebEx meeting Join from the meeting link: https://fort,vorthtexas.webex.com/fortworthtexas/j.php9MTl D=md042b5b2571 a43bbb 14e949163aa72e9 Join by meeting number Meeting number(access code):2552 795 7082-Meeting password:2yUp8tppPu4 Tap to join from a mobile device(attendees only) +1-469-210-7159„2552795706244 United States Toll(Dallas) Join by phone +1-469-210-7159 United Slates Toll(Dallas) Join from a video system or application-Dial 25527957082@fortworthtexas.webex.com You can also dial 173.243.2.68 and enter your meeting number. Completed Quote must be received in the Purchasing Division,200 Texas Street,Fort Worth,Texas 76102 by the above"Finish Time/End Date Time".Quotes must be submitted via email to: fmspurchasingresponses@forlworthtexas.gov or taxed to 817-392-8440,addressed to the Buyer,and have the RFQt Number and"Finish Time/End Date Time"clearly marked on the email subject and/or fax cover page. Late quotes will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid.Quotes may be withdrawn at any time prior to the official opening.Quotes may not be altered,amended or withdrawn after the"Finish TimelEnd Date Time".The undersigned agrees,if the quote is accepted,to furnish any and all items upon which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in this document.The period for acceptance of this bid will be 120 calendar days after the bid opening date.The City Is exempt from Federal Excise and State Sales Tax,therefore,tax must not be included in the quote price. Items quoted must meet or exceed City of Fort Worth Specifications;however,The City of Fort Worth may consider and accept alternate quotes if specified herein when most advantageous to the City.The City reserves the right,however,to hold to City Specifications and to determine"or equal'status.The City reserves the right to accept or reject in part or whole any quote submitted,and to waive any technicalities for the best interest of the City. Solicitation Documents: Cover Page Bid Submission Signature Page" Bid Solicitation" Part 1 Purchasing Agreement Specifications Part 2 Scope of Services/Specification AttachmentA-Conflict of Interest Disclosure" Attachment B-Bidder's Contact Information` Attachment C-Bidder's Qualification Questionnaire" Attachment D-Reference List" Attachment E-Draft Service Agreement,attached as a separate document Attachment F-Taylor Street Parking Garage Map,attached as a separate document Attachment G-Documentation Checklist "Required to be completed and submitted.See Section 17.0,Part 1 for all required document that need to be submitted.Failure to submit all items will be grounds for rejection of a bid as non-responsive to the specifications. Vendor Services Agreement—Mister Sweeper LP Page 32 of 62 FORT WORTH, BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: PUBLIC EVENT DETAILS CF;VOl-22-0046 2 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing RpQt - Garage Sweeping Services 200 Texas St.(Lower Level,South) start Time Finish Time Fort Worth TX 76102 01./12/2022 00:30__00_CST,_____0_1/28/2022 08 p:30:00_CST _._ United Slates Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned,by his/her signature,represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that helshe has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Company Name: Company Address: City,State,Zip: Vendor Registration No. Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: Federal ID(FID)Number: Will agreement be available for Cooperative Agreement use?Yes_No_(See Section 11.0,Part 1) RFQt22-0046 Garage Sweeping Services Page 1 of 29 en or ServiCeS Agreement—Mister Weeper LF Page 3 1 or 62 FORT WORTH BID SOLICITATION �Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-22-0046 3 Event Round Version Submit To: City of Fort Worth i 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing RFQt - Garage Sweeping Services 200 Texas St.(Lower Level,South) Start Time Finish Time Fort Worth TX 76102 01/12/2_022_08:30:00 CST of/ze/zoz2 08.30_:00 CST United States Email: FMSPurchasingResponses@fortworlhlexas.gov Line: t Description- Qlv Unit UnitPrice Total Taylor St.Garage-Regular Sweeping Services 24.00 EA Line: 2 Description: city Unit UnitPrice Total Taylor St.Garage-Additional Sweeping 2.00 EA Services Line: 3 Description: Qty Unit UnitPrice Total Taylor St.Garage-Emergency Sweeping 2.00 EA Services Line: 4 Description- Qtv Unit UnitPrice Total New City Hall Garage-Regular Sweeping 24.00 EA Services Line: 6 Description: Qty Unit UnitPrice Total New City Hall Garage-Additional Sweeping 2.00 EA Services Line: 6 Description: Qty Unit UnitPrice Total New City Hall Garage-Emergency Sweeping 2,00 EA Services Line: 7 Description: Qty Unit UnitPrice Total Houston St.Garage-Regular Sweeping 4.00 FA Services Line: 6 Description: Qty Unit UnitPrice Total Houston St.Garage-Additional Sweeping 2.00 EA Services RFQt22-0046 Garage Sweeping Services Page 2 of 29 en or Services greemen —mister weeper LF Page 34 of 757- FORT WORTH, BID SOLICITATION Event ID Page Invited: PUBLIC EVENT DETAILS CFN01-22-0046 4 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing RFQt - Garage Sweeping Services 200 Texas St.(Lower Level,South) Start Time Finish Time Fort Worth TX 76102 -.01/12/2022 0o:a0:oo csT___- 01/2a/2022_0o_a0:00 csr_______ United States Email: FMSPurchasingResponses@fortwortlitexas.gov fortworthtexas.gov line: 9 Description: _ city Unit UnitPrice Total Houston St.Garage-Emergency Sweeping 2.00 EA Services Line: 10 Description: Qty Unit _ UnitPrice ... Total Commerce St.Garage-Regular Sweeping 4.00 EA Services Line: 11 Description: Qty Unit UnitPrice Total Commerce St.Garage-Additional Sweeping 2.00 FA Services Line: 12 Descfttlem Qty Unit UnitPrice Total Commerce St.Garage-Emergency Sweeping 2.00 EA Services � r Total Bid Amount: A bid of T"will be interpreted by the City as a no-charge(free)item and the City will not expect to pay for that item.A bid of"no bid"or no response(space left blank)will be interpreted by the City that the Offerer does not wish to bid on that item.Be advised,a"no bid"or no response may be considered as non-responsive and may result in disqualification of this bid. Services not listed above will be offered at a discount of % (Services may be added on an as needed basis throughout the life of the agreement,therefore,the bidder shall submit a price list for all available items with their bid submittal) RFQt22-0046 Garage Sweeping Services Page 3 of 29 CON ServiceS Agreement—Mister Weepel'LF Page 35 O PART—1 PURCHASING AGREEMENT SPECIFICATIONS SCOPEThe City of Fort Worth(City)seeks bids to finalize an Agreement to provide sweeping services which includes remove litter,debris,and dirt to maintain 1.1 clean parking facilities for the City of Fort Worth Transportation and Public Works Department.The sweeping services will be purchased on an as needed basis.The successful bidder(s), known hereafter as °Contractor"P'Vendor." The term of this Agreement shall begin on the date stated in the signed Contract("Effective Date")and shall expire one year from the effective date, 1.2 unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be renewed under the same terms and conditions for four additional one year periods,unless City of Vendor provides the other party with notice of non-renewal at least 60 days before the expiration of the initial term or renewal period. Following the award,additional goods/services of the same general category that could have been encompassed in the award of this Agreement,and that 1.3 are not already on the Agreement,may be added based on the discount bid and price sheet provided with the bid. Unit prices shall include all costs associated with the specified work,including but not limited to handling,delivery,fuel charges,fees and certifications fees. 1.4 NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.5 Any material and/or services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 1.7 Materials and Services under this contract support all City-owned facilities varying in size on an as-needed basis.The City reserves the right to add or remove departments and locations at the City's discretion. 2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS 2.1 The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated for all purposes incident to this Agreement in Part - 2, Scope of Services/Specifications and Attachment E—Draft Service Agreement, more specifically describing the services to be provided hereunder. 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 3.1 The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership,or address change for the purpose of maintaining updated City records.The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed RFQt22-0046 Garage Sweeping Services Page 4 of 29 en or ervices Agreement-mister Nweeper LF Page 36 o merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 4.0 LAWS REGULATIONS AND ORDINANCES 4.1 The Vendor shall be responsible for meeting all Federal:laws,ordinances and regulations; State:laws,ordinance and regulations;County:laws,ordinances and regulations;and City. laws,ordinances,and regulations for safety of people,environment,and property.This includes,but is not limited to,all Federal,State,County,and City Agencies,Administrations and Commissions such as the Environmental Protection Agency(EPA),Occupational Safety and Health Administration(OSHA),and the Texas Commission on Environmental Quality(TCEQ).In the event any law, regulation or ordinance becomes effective after the start of this Agreement,the Vendor is required to comply with new policy.Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 5.0 INVOICING REQUIREMENTS The City of Fort Worth has begun implementing an automated invoicing system. 5.1 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address:supplierinvoices@fortworthtexas.gov.This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 5.2 Please include the following on the subject line of your e-mail:vendor name,invoice number,and PO number,separated by an underscore(ex:Example, Inc._123456_FW013- 0000001234) 5.3 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: • All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI(dots per inch). • Invoices must be sent as an attachment(i.e. no invoice in the body of the email). • One invoice per attachment(includes PDFs).Multiple attachments per email is acceptable but each invoice must be a separate attachment. • Please do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. • The invoice must contain the following information: • Supplier Name and Address; • Remit to Supplier Name and Address,if different; • Applicable City Department business unit#(i.e.FW013) • Complete City of Fort Worth PO number(i.e.the PO number must contain all preceding zeros); • Invoice number; RFQt22-0046 Garage Sweeping Services Page 5 of 29 en or ServiceS Agreement—mister SWeeper LF Page 37 or 62 • Invoice date;and • Invoices should be submitted after delivery of the goods or services. 5.4 To prevent invoice processing delays,please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov.To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ_FIN_AccountsPayable@fortworthtexas.gov. 5.5 If you are unable to send your invoice as outlined above at this time,please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department.This will allow the city staff to digitize the invoice for faster processing. 5.6 If electronic invoicing is not possible,you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth,Texas,76102 5.7 The City's goal is to receive 100%of invoices electronically so that all supplier payments are processed efficiently.To achieve this goal,we need the Contractor's support. 5.8 If Contractor has any questions, please contact the Accounts Payable team at(817)392- 2451 or by email to ZZ_FIN_AccountsPayable@fortworthtexas.gov. 5.9 Contractor shall not include Federal,State of City sales tax in its invoices.City shall furnish a tax exemption certificate upon Vendor's request. 6.0 UNIT PRICE ADJUSTMENT 6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal period but before the effective date of the renewal upon written request from the Vendor. 6.2 The Vendor must submit its price adjustment request,in writing,at least 60 days before the renewal effective period.The Vendor shall provide written proof of cost increases with price adjustment request. 6.3 If the City concludes that the rate increase being requested is exorbitant,the City reserves the right to adjust the rate request,or reject the rate request in its entirety and allow the contract to expire at the end of the contract term.If the City elects not to exercise the renewal option,the Purchasing Division will issue a new solicitation. 6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 6.5 Prices offered shall be used for bid analysis and for Agreement pricing.In cases of errors in extensions or totals,the unit prices offered will govern. 6.6 Upon expiration of the Agreement term the successful bidder,agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid an agreement,not to exceed ninety(90)days.Vendor will be reimbursed for this service at the prior agreement rate(s).Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. RFQt22-0046 Garage Sweeping Services Page 6 of 29 en or NerVICCS Agreement—mister Sweeper LV Page 38 or 62 6.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. 7.0 QUANTITIES 7.1 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business.The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 8.0 OMIT 9.0 PERFORMANCE 9.1 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions,but the Vendor's obligation with respect to such performance shall continue in full force and effect. 10.0 COMPLAINTS 10.1 Complaints processed through the City Purchasing Division are to be corrected within fourteen(14)days of formal notice of complaint.Written response to the Purchasing Division is required.Failure to properly resolve complaints within the fourteen(14)calendar day time period may result in the cancellation of the applicable line item(s)in the price agreement. 11.0 COOPERATIVE PURCHASING 11.1 Should other governmental entities decide to participate in this contract, Bidder,shall indicate in their proposals whether they agree that all terms,conditions,specification,and pricing would apply. 11.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities,the following shall apply:Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible,but not obligated,to purchase material/services under this contract(s)awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed. 12.0 NO BOYCOTT OF ISRAEL 12.1 If Vendor has fewer than 10 employees or this Agreement is for less than$100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter 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,Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(1) does not boycott Israel;and(2)will not boycott Israel during the term of the Agreement. RFQt 22-0046 Garage Sweeping Services Page 7 of 29 en or ervices Agreement—Mister Sweeper L V Page 39 o 13.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 13.1 Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 13,§2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full- time employees unless the contract contains a written verification from the company that it: (1)does not boycott energy companies;and(2)will not boycott energy compahies during the term of the contract. The terms"boycott energy company" and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B.13,§2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(1) does not boycott energy companies;and(2)will not boycott energy companies during the term of this Agreement. 14.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES 14.1 Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg., R.S.,S.B.19,§1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it:(1)does not have a practice, policy,guidance,or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm trade association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19,§1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(1) does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 15.0 BIDDERS QUALIFICATIONS 15.1 For the bid to be evaluated,the following information must be submitted as part of the bid package and shall be supplied in the following order: 15.1.1 Bidder shall have operated a commercial garage sweeping services business in North Texas for the last five(5)years. 15.1.2 Bidders shall provide evidence that they are qualified and capable to fulfill the requirements listed herein the bid,including,but not limited to the following, 15.1.2.1 The ability to perform the services within the delivery schedule specified herein. 15.1.2.2 The ability to maintain sufficient resources to fulfill normal City of Fort Worth requirements. 15.1.2.3 Bidder shall demonstrate the above by answering all questions on Bidder's Qualification Questionnaire.Attachment C RFQt 22-0046 Garage Sweeping Services Page 8 of 29 MUM-ServiCeS Agreement—Mister Sweeper age 40 o 15.1.3 Bidder shall provide a current positive/supportive reference from at least three(3) garage owner/operators who the bidder has recently supplied subject item(s)on a continuing basis over a recent twelve(12)month period.Attachment D. 15.1.4 Have and operate a full-time,permanent business address with the ability to be reached by email and telephone. 16.0 METHOD OF AWARD 16.1 Bids will be evaluated based upon bids received from a responsive bidder that presents the best value to the City.A responsive bidder is defined as a bidder that: 16.1.1 A responsive bidder is defined to be one who submits a completed quote packet within the stated time deadline and in accordance with the specification. 16.1.2 A responsive bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies,equipment,or services being procured. 16.2 Bids that do not receive 50%or more of the total available points,excluding the points for price,will be deemed non-responsive. 16.3 The following criteria will be used to determine the best value: 16.3.1 Bidder's approach and methodology to perform services—maximum 10 points 16.3.2 Cost of service—maximum 50 points 16.3.3 Bidder's ability to complete the scope of work,availability of resources,number of personnel,and equipment-maximum 20 points 16.3.4 Bidder's references from other projects comparable in size similar to the scope of work—maximum 20 points 16.4 In order for the City to receive adequate coverage on its requirements as specified in the solicitation,the City reserves the right to make multiple awards. 16.5 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself,another municipal corporation of like size, or private corporations during the past two-year period.Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 16.6 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids.Award may be made without discussion with Bidders after bids are received.Bids should,therefore,be submitted on the most favorable terms. 16.7 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 16.8 Tentative Schedule of Events RFQt Release Date Wednesday,January 12,2022 at 8:30AM Local Time Pre-Bid Conference Tuesday,January 18,2022 at 11:00AM Local Time Deadline for Questions Thursday,January 20,2022 at S:PM Local Time RFQt22-0046 Garage Sweeping Services Page 9 of 29 Mot-ServiceS Agreement—mister Sweeper LF Fage 41 o Answer Deadline Tuesday,January 25,2022 at 5:PM Local Time RFQt Due Date Friday,January 28,2022 at 8:30AM Local Time Bid Evaluations January 28 to February 4,2022 Recommended Vendor February 2022 Selection 17.0 QUOTATIONS 17.1 Bidders shall submit the following items with their quote.Failure to provide all the information will deem the bid non-responsive. 17.1.1 The completed and signed Bid Submission Signature Page; 17.1.2 The completed Bid Solicitation; 17.1.3 A completed and signed original Conflict of Interest Questionnaire,Attachment A. 17.1.4 A completed and signed Bidder's Contact Information,Attachment B. 17.1.5 A completed Bidder's Qualification Questionnaire,Attachment C. 17.1.6 A completed Refence Sheet,Attachment D 17.1.7 Documentation showing Bidder's company has been in the marketplace for a minimum of two(2)years(i.e.Secretary of State) 17.1.8 Signed Addendum(s)acknowledging receipt. 17.1.9 Scanned copy of all documents listed in Section 17.1 in a flash drive. 17.1.10 Any other document included in the Solicitation requiring completion or execution by the Bidder. 17.2 Failure to submit all the items listed in Section 17.1 will be grounds for rejection of a bid as non-responsive to the specifications. 18.0 QUESTIONS 18.1 Questions,explanations or clarifications desired by a Vendor regarding any part of the bid must be requested in writing from the Purchasing Division by 5:00 PM on on Thursday January 20,2022.Request can be sent to the following: Maria Canoura, Buyer,FMSPurchasingResponses@fottworthtexas.gov Subject Line:Reference RFQt 22-0046 City of Fort Worth Purchasing Division Attention: Maria Canoura Reference RFQt 22-0046 200Texas Street Fort Worth,Texas 76102 Facsimile:(817)392-8440, Reference RFQt 22-0046 Attention:Maria Canoura RFQt22-0046 Garage Sweeping Services Page 10 of 29 en or ServiceS Agreement—mister Sweeper LF Fage 42 o 18.1.1 Please note, if an e-mail confirming receipt of your e-mail is not received within one business day,please contact the Purchasing Department at 817-392-2462. 18.2 Interpretations,corrections or changes to the bid made in any other manner are not binding upon the City,and Vendors shall not rely on such interpretations,corrections or changes. RFQt22-0046 Garage Sweeping Services Page 11 of 29 en or ervtces Agreement—M is ter SWeeper LP Page 4J o PART-2 SCOPE OF SERVICES AND/OR SPECIFICATIONS 1.0 DEFINITIONS 1.1 "Department Contract Manager'a City of Fort Worth employee assigned to manage the compliance,oversight and/or administration of the contract or project for their department of employment. 1.2 "Designee"a City of Fort Worth employee assigned by the Department Contract Manager to assist with the compliance,oversight and/or administration of the contract or Project. 1.3 "Agreement"shall mean the agreement for the sweeping and disposal of debris from the parking garages of the City of Fort Worth. 1.4 "City"shall mean the City of Fort Worth,its officers,employees,agents or representatives. 1.5 "Contractor'shall mean the person,corporation or partnership performing sweeping services under contract with the City. 1.6 "Debris"shall mean all litter, rubbish,leaves,sand,dirt,garbage,and other foreign material removable from a paved surface with a street sweeper. 1.7 "May"shall be permissive. 1.8 'Regular Sweeping Services"shall refer to sweeping with the frequency listed in Section 9.0. 1.9 "Shall"means mandatory. 1.10"Special Sweeping Services"refers to sweeping on an as needed basis as requested by the City. 1.11 "Sweeping"shall mean removal of all debris by dustless type machine sweepers from all portions of a garage. 2.0 PARKING GARAGE DETAILS 2.1 Taylor Street Parking Garage 2.1.1 Address:311 W 10th Street,Fort Worth,TX 76102 2.1.2 Estimated Frequency of Services:Refer to Section 4.0 for specifications. 2.1.3 Square Footage:130,000 2.1.4 Garage Clearance:6 4" 2.1.5 Six(6)levels:with a total of 340 parking spaces.See Attachment F:Garage Map 2.1.6 Two(2)Entrances:Located on the North and West Side of Garage 2.1.7 One(1)Exit:Located on the West Side of the Garage 2.1.8 Standard operating hours Monday—Friday 6:00am to 8:00pm. 2.2 New City Hall Parking Garage New City Hall Garage—contingent based upon management of garage. If garage is not managed by TPW Parking,sweeping services will not be required. 2.2.1 Address:100 Energy Way,Fort Worth,TX 76102 2.2.2 Estimated Frequency of Services:Refer to Section 4.0 for specifications. 2.2.3 Square Footage 300,000 RFQt22-0046 Garage Sweeping Services Page 12 of 29 en or ServiceS Agreement—mister Sweeper LV Page 44 of 152 2.2.4 Garage Clearance 7'0" 2.2.5 Four(4)levels including roof top with a total of 835 parking spaces 2.2.6 Two(2)Entrances:Entrance access from the Southwest surface lot with two(2) entrance lanes.Garage roof top entrance from City Hall to the East with one(1)entry lane. 2.2.7 Two(2)Exits:Exit access from the Northwest surface lot with(2)exit lanes.Garage roof top exit from City Hall to the East with(1)exit lane. 2.2.8 Access Card Required. 2.2.9 Standard operating hours Monday—Friday 6:00am to 8:00pm. 2.3 Houston Street Parking Garage 2.3.1 Address:1200 Houston Street,Fort Worth,TX 76102 2.3.2 Estimated Frequency of Services:Refer to Section 4.0 for specifications. 2.3.3 Square Footage 400,000 2.3.4 Garage Clearance:7'3" 2.3.5 Eleven(11)levels including the roof top with a total of 1054 parking spaces. 2.3.6 One(1)Entrance:Located on 11th Street the North Side of the Garage 2.3.7 One(1)Exit:Located on 11th Street the North Side of the Garage 2.3.8 Access Card Required 2.3.9 Standard operating hours Monday—Friday 6:00am to 8:00pm. In some cases,sweeping operations may be rescheduled and or canceled due to special events. In the case of a special event,an e-mail notice to reschedule or cancel will be sent within five(5)business days before the scheduled cleaning from the City. 2.4 Commerce Street Parking Garage 2.4.1 Address:1301 Commerce Street,Fort Worth,TX 76102 2.4.2 Estimated Frequency of Services:Refer to Section 4.0 for specifications. 2.4.3 Square Footage 287,000 2.4.4 Garage Clearance:6'3" 2.4.5 Six(6)levels including the roof top with a total of 754 parking spaces. 2.4.6 One(1)Entrance:Located on Commerce Street the West Side of the Garage 2.4.7 One(1)Exit:Located on the Calhoun Street on the East Side of the Garage 2.4.8 Access Card Required 2.4.9 Standard operating hours Monday—Friday 6:00am to 8:00pm.In some cases, sweeping operations may be rescheduled and or canceled due to special events. In the case of a special event an e-mail notice to reschedule or cancel will be sent within five(5)business days before the scheduled cleaning. 3.0 BIDDER RESPONSIBILITIES 3.1 Bidder shall provide personnel, management,supervision,quality control,materials,and equipment to perform sweeping services for the City of Fort Worth. 3.2 Service shall include furnishing all labor,equipment,tools,fuel,materials,insurance, supervision,and all other items incidental thereto and to perform all work necessary as specified.This includes: 3.2.1 Regular Sweeping Services 3.2.1.1 Vendor shall provide at least one sweeping machine and one blower operator,or equivalent blower equipment.The final number of machines and blower operator shall be determined by the Vendor. 3.2.1.2 Vendor shall sweep all entrance and exit ramps RFQt22-0046 Garage Sweeping Services Page 13 of 29 en or ervices Agreement—Mister Sweeper LP Page 45 o 3.2.1.3 Vendor shall sweep all drive way areas 3.2.1.4 Vendor shall sweep all parking spaces up to guardrails. 3.2.1.5 Vendor shall remove all debris from the parking spaces,ramps and driveways.The Vendor shall make as many passes as necessary to accomplish the task. 3.2.1.6 Vendor shall provide a swept ticket report for each garage swept.Swept ticket report shall be e-mailed to(parking@fortworthtexas.gov)within three (3)business days after service has been rendered.Swept ticket report shall include the following data. • Date • Account Number • Employee name • Time In/Time Out • Vehicle Unit Number 3.2.2 Special Services 3.2.2.1 Emergency garage cleaning services are upon request by the City.The sweeping operation shall begin within five(5)hours of the notification. 3.2.2.2 Additional garage cleaning services are upon request by the City.These services include but are not limited to,manual touch-ups with hand blower or equivalent equipment and removal of all debris behind wheel stops and corners.The sweeping operations shall begin by the end of the next business day following the notification. 3.3 Changes of Services 3.3.1 During the term of this agreement or any extensions thereof,the City may elect to increase or decrease the frequency of sweeping services.The stated increase or decrease shall be by written or electronic notification to the contractor.The unit price for additions shall be at the current agreement unit pricing. 3.4 Disposal 3.4.1 Vendor shall be responsible of disposing all litter,debris and dirt from the garage. 3.5 City Contact 3.5.1 For daily operations,the City's point of contact will be the Parking Operations Manager,or authorized representative. 3.6 Bidder Contact 3.6.1 The Bidder shall provide a contact for the following: 3.6.1.1 Owner/Business Operator contact information. 3.6.1.2 Supervisor available via telephone,email,and or mobile response during all hours during sweeping. 3.6.1.3 Customer service via telephone during all business hours. RFQt22-0046 Garage Sweeping Services Page 14 of 29 en or ServiceS Agreement-mister Nweeper L V Page 40 or 02 3.7 Bidder's Employees 3.7.1 Identification 3.7.1.1 Bidder's employees shall be required to wear a clean uniform bearing Contractor's name.Employees who normally and regularly come into direct contact with the public shall bear some means of individual identification, such as nametag or identification card. 3.7.2 Driver's License 3.7.2.1 Employees driving Bidder's vehicles shall at all times possess and carry a valid Driver's License issued by the State of Texas which is appropriate for the type and size of the vehicle. 3.7.3 Conduct 3.7.3.1 Bidder's employees shall conduct themselves in such a manner as to avoid embarrassment to the City of Fort Worth and shall be courteous to the public.If required,the City retains the right to require any operator to be removed from working on this contract. 3.8 Safety 3.8.1 All work under this contract shall be performed in such a manner as to provide maximum safety to the public and to employees performing work.The contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law or otherwise to protect the public during operations. 3.8.2 No separate compensation shall be paid to the contractor for the installation or maintenance of any warning devices,barricades,lights,signs,arrow boards,or any precautionary measures required by law or otherwise for protection of persons or property.The City will not provide any type of work zone traffic control devices. 3.8.3 The City reserves the right to issue a restraint or cease order to the contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this agreement or when contractor is not complying with safety requirements. Applicable provisions of the following shall be incorporated into the specifications for this project. 3.8.3.1 Texas Manual on Uniform Traffic Control Devices 3.8.3.2 Texas State Highway Standard Specifications 3.8.3.3 All Federal,State, Municipal acts,statutes, rulings,ordinances,decisions, and regulations 3.8.3.4 All subsequent revisions and supplements to the above documents 3.8.4 The safety of the public and the convenience of traffic shall be regarded as prime importance. Unless otherwise provided herein,all portions of garage shall be kept open to traffic. 3.8.5 All Bidder's employees shall be trained and equipped to protect the public and RFQt22-0046 Garage sweeping Services Page 15 of 29 en or SerViCeS Agreement—mister Nweeper LF Page 47 or 62 employees from hazards related to sweeping,collecting,and disposing debris.This includes wearing proper safety devices including eye/ear protection and safety vests at all times. 3.8.6 Be responsible and liable for the safety,injury and health of its working personnel while its contract workers are delivering trees and shrubs on City property. 3.8.7 Ensure that no worker shall arrive on City premises with any type of firearms or weapons,drugs or alcohol. 4.0 SCHEDULE OF SERVICES 4.1 Bidder shall deliver garage sweeping services based on the frequency defined for each of the garage locations as detailed below: 4.1.1 Taylor Street Parking Garage Once a week on the first week of each month. Once a week on the third week of each month. 4.1.2 New City Hall Parking Garage Once a week on the first week of each month. Once a week on the third week of each month. 4.1.3 Houston Street Parking Garage Once a week on the first week of the months of January,April,July and October. 4.1.4 Commerce Street Parking Garage Once a week on the first week of the months of January,April,July and October. 4.2 Bidder shall provide the City with a tentative schedule of services for each of the location upon execution of the service agreement. 4.3 Bidder shall notify the Parking Operations Manager,or authorized representative,within five (5)business days of any changes on the services scheduled to prevent conflict with other activities. 4.4 Sweeping operations are to be conducted after 8:OOPM,preferable on Sundays. 5.0 WARRANTY 5.1 The Bidder shall provide a warranty to include at a minimum,but not limited to the following: 5.1.1 In addition to any other warranties in this contract,the Bidder warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship,equipment,material,or design furnished by the Bidder or any supplier at any tier. 5.1.2 Upon notification by the authorized City personnel,Bidder agrees to repair or replace promptly,on a one-for-one basis without additional cost to the City of Fort Worth,any and all defective work and products.The Bidder Agrees to repair promptly any defective work and or products covered under written warranty in quote. 5.1.3 The Vendor shall remedy at the Bidder's expense any non-conforming or defective RFQt22-0046 Garage Sweeping Services Page 16 of 29 en or ServiceS Agreement—mister Nweeper LF Page 48 o products or work.In addition,the Bidder shall remedy at Bidder's expense any damage to real or personal property owned by the City of Fort Worth,when that damage is the result of a defect of products furnished. 5.1.4 The Vendor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 5.1.5 The City of Fort Worth shall notify the Bidder,within a reasonable time after the discovery of any failure,defect,or damage. 5.1.6 If the Bidder fails to remedy any failure,defect,or damage within a reasonable time after receipt of notice,the City of Fort Worth shall have the right to replace, repair,or otherwise remedy the failure,defect,or damage at the Bidder's expense. 5.1.7 This warranty shall not include failures attributable to accident,fire,or negligence on the part of City personnel. 5.2 With respect to all warranties,expressed or implied,from manufacturers,or suppliers for work performed and materials furnished under this contract,the Bidder shall: 5.2.1 Obtain all warranties that would be obtained in normal commercial practice; 5.2.2 Enforce all warranties for the benefit of the City of Fort Worth, 5.3 The Bidder's warranty shall include all third-party and other aftermarket components which are installed and or supplied by Bidder. 6.0 INSURANCE REQUIREMENTS 6.1 The Vendor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement.The Vendor shall file with the City of Fort Worth Purchasing Division,prior to the commencement of services, a certificate of insurance documenting the following required insurance. 6.1.1 Failure to provide such information within five(5)calendar days maybe grounds for Agreement termination. 6.2 Policies shall have no exclusions by endorsements which nullify the required lines of coverage,nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage,and the City desires the Vendor to obtain such coverage,the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 6.2.1 Statutory Workers'Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers'Compensation and Employers'Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers'Compensation Act(Art.8308—1.01 et seq. Tex.Rev.Civ.Stat.)and minimum policy limits for Employers'Liability of RFQt22-0046 Garage&aeeping Services Page 17 of 29 en or zselwiceS Agreement—mister Sweeper LP Page 49 or 62 $100,000 each accident/occurrence,$500,000 bodily injury disease policy limit and $100,000 per disease per employee. 6.2.2 Commercial General Liability Insurance including Explosion,Collapse,and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following:premises/operations, independent vendors, products/completed operations,personal injury,and contractual liability. Insurance shall be provided on an occurrence basis,and as comprehensive as the current Insurance Services Office(ISO)policy. 6.2.3 Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on"Any Auto",defined as autos owned,hired and non-owned. 6.2.4 The Vendor shall furnish the Purchasing Manager,with a certificate of insurance documenting the required insurance prior to the commencement of services. 6.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty-(30)day notice of cancellation, material change in coverage,or non-renewal of coverage. 6.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured,as its interests may appear(ATIMA). 7.0 ADDITIONAL INSURANCE REQUIREMENTS 7.1 The City,its officers,employees and servants shall be endorsed as an additional insured on Vendor's insurance policies excepting employer's liability insurance coverage under Vendor's workers'compensation insurance policy. 7.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Vendor can begin work.Failure to supply and maintain such insurance shall be a breach of contract.Vendor shall provide complete copies of all insurance policies required by this Agreement.Certificates of insurance must be supplied to: Financial Management Services Department Attention:Purchasing Division RFQt#YR-NNNN 200 Texas Street,Fort Worth,Texas 76102 7.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 day notice of cancellation,non- renewal,and/or material change in policy terms or coverage. A ten(10)day notice shall be acceptable in the event of non-payment of premium. 7.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VI or equivalent measure of financial strength and solvency. RFQt 22-0046 Garage Sweeping Services Page 18 of 29 en or ervices Agreement—mister Weeper LF Page 50 or 02 7.5 Deductible limits,or self-funded retention limits,on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 7.6 Other than worker's compensation insurance,in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. 7.7 Workers'compensation insurance policy(s)covering employees of the Vendor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 7.8 City shall not be responsible for the direct payment of insurance premium costs for Vendor's insurance. 7.9 Vendor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 7.10 While the purchase order is in effect,Vendor shall report,in a timely manner,to the Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 7.11 Vendor's liability shall not be limited to the specified amounts of insurance required herein. 8.0 RIGHT TO AUDIT 8.1 Vendor agrees that City shall,until the expiration of three(3)years after final payment under the Agreement,have access to and the right to examine any directly pertinent books, documents,papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section.City shall give Vendor reasonable advance notice of intended audits. 9.0 SUBCONTRACTING 9.1 No subcontracting of the work under this contract will be allowed without written permission from the City. 10.0 HAZARDOUS CONDITIONS 10.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 10.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment(PPE)while handling hazardous material. If there are questions regarding how to dispose of materials,the Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 11.0 CONTRACT ADMINISTRATION AND TERMINATION 11.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement,The Department head or his/her designee will notify the Vendor,in writing,of its failures.A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 11.2 In the event the Vendor continues with unsatisfactory performance,the department will promptly notify the Purchasing Manager who will take appropriate action to cure the RFQl22-0046 Garage Sweeping Services Page 19 of 29 MIN ServiceS Agreement—m is ter Nweeper LF Page o performance problem(s),which could include cancellation,termination for convenience or default. If the agreement is terminated for default,the Vendor may be held liable for excess cost and/or liquidated damages. 11.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered,subject to offset for damages and other amounts which are,or which may become,due and owing to the City. 11.4 The City reserves the right to terminate this agreement,or any part hereof,for its sole convenience. In the event of such termination,the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work.Subject to the terms of this agreement,the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination,plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system,have resulted from the termination.However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated,but which have not been earned up to the date of termination. 12.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 12.1 If the Federal award meets the definition of"funding eCFR—Code of Federal Regulations agreement'under 37 CFR§401.2(a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 13.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 13.1 Bidder shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C.1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 14.0 DEBARMENT AND SUSPENSION 14.1 Per Executive Orders 12549 and 12689,a contract award(see 2 CFR 180.220)shall not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp.,p.235),"Debarment and Suspension."SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. RFQt22-0046 Garage sweeping Services Page 20 of 29 vendor ServlCeS Agreement—Mister Nweeper LF Page 52 or 62 ATTACHMENT-A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code,any person or agent of a person who contracts or seeks to contract for the sale or purchase of property,goods,or services with a local governmental entity (i.e.The City of Fort Worth)must disclose in the Questionnaire Forms CIQ("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law,the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City,or submits an application or response to a request for proposals or bids,correspondence,or another writing related to potential agreement with the City.Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/ClQ.pdf. If you have any questions about compliance,please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE:If you are not aware of a Conflict of Interest in any business relationship that you might have with the City,state Contractor name in the#1,use N/A in each of the areas on the form. However,a signature is required in the#7 box in all cases. RFQt 22-0046 Garage Sweeping Services Page 21 of 29 en or ServiCeS Agreement-mister weeper LF Page o CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,64th Leg.,Regular Session. OFFICEUSEONLY This questionnaire is being filed in acrrrr&mco wdh Chapter 176,Lo:al Government Cad,,,by a vender who 0;„Revol ted has a busmoss relationship as dofincd by Section 176.001tl-o1•,;ith a l:,cai gwemmental entity and the vendor meets requirements under Section 176.006(a). Ry tarn thte natastilnrv-im mtea ha fi',M Ah Ilia mmrrf:adminmtratnr of thn WA{trruarnmantai antity not la,nr than ffie 7th business day after the data the vendor becomes aware of fats that r-quire the statement to be iced. Sec Section 176.oriQ(a-1),Lc..-al Government Cie. A vendor commits or,offense it lha verdor Yncwingy violates Section 176.006,Lccal Government code-An offecse under this sedtion is a nsd-moanor. 1i Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed cuestionnaire. —he law ra quires that you file an updated Y 9� P P Y tl q Y Pd completed questionnaire with the appropriate fling authority not pater than the 7th business day after the date on which you became aware that the o6ginaly fled questionnaire was ircompleto or inac.urnte.) 3 Name of local government officer about whom the information is being disclosed. Name of Offcer 41 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section VU03(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.Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxab`a income, other than investment income,from the vendor? Yes El No B. Is the vendor receiving or likey to receive taxable income,other than Investment income,from cr at the direction of the local government officer or a famiy member of the officer AND the taxable income is not received from the local governmental antity? Yes F-1 No 5 Describe each employment or business relationship that thevendor named In Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. s checx m's box itme vendor has given the local government ctrcer or a family member of the otrcer one or more glns ❑ as descrbed in Section 176003(a)(2)(B),exc€uding gifts described in Secton 176.003(a-1). 7 .•gnalure 0 ven t aing stne s win t e g winmenta entij, tJa.,D Form form lded by Texas Ethics Commission Y.%Yv.ethicsslale.tx.us Rem"f!112021; RFOt 22-0046 Garage Sweeping Services Page 22 of 29 en or elvtces greefnen —mister weeper LF Page 54 o CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at tittp:t;Vivm.statutes.legis.state.tx.usr Docs+LG'htrn,'LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code 4176.001(1•a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties.The term does not include a connection based on: (A)a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B)a transaction conducted at a price and subject to terms available to the public;or (C)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,that agency. Local Government Code 4176.003(a)(2)(A)and(B): (a)A local government officer shall file aconflicts disclosure statementwith respect to avendor if: (2)thevendor (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 officerbecomes aware that (i)acontract between the local governmental entity and vendor has been executed; or (if) the local governmental entity is considering entering into a contract with the vendor, (B)has given to the local government officer ora family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (if) the local governmental entity is considering entering into a contractwith the vendor. Local Government Code 4176.006(a)and(a-1) (a)Avendor shall file a completed conflictof interest questionnaire if thevendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gnswith the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer 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 after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B)submits to the locai governmental entity an application,response to a requestfor proposals 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 thevendor has given one or more gifts described by Subsection(a);or (C)of a family relationship with a local government officer. Fonn providsdby Texas Eth6 Commission wenv.etmcs.state.tx.us ReNud vtt2321 RFQt 22-0046 Garage Sweeping Services Page 23 of 29 en or et•vices Agreement-mister Nweeper LV Fage 55 o ATTACHMENT-B BIDDER CONTACT INFORMATION The contacts listed below will be available to the City per Part 2,Section 3.6.1,page 14. Bidder's Name: Bidder's Local Address: Hours of Operations: Phone: Fax: After Business Hours Phone Number: Email: Name of owner/business operator Name/Title Phone: Fax: After Business Hours Phone Number: Email: Name of persons to contact when requesting services or billing questions: Name/Title Phone: Fax: After Business Hours Phone Number: Email: Name/Title Phone: Fax: After Business Hours Phone Number: Email: Will your company accept Credit Card payments?Yes ❑ No❑ By signing this page,the Vendor confirms the people listed above will serve as the contact for City of Fort Worth.Vendor shall notify the City if any changes are made to the contact lists. Signature Printed Name Date RFQl22-0046 Garage Sweeping Services Page 24 of 29 en or ServiCeS gl'eemen —Mistet Weeper LF Page 56 o ATTACHMENT-C BIDDER QUALIFICATION QUESTIONNAIRE 1. Bidder years of knowledge and expertise in providing garage sweeping services to a similar or same size entity? 2.How many years has your organization been in business under its present name? 3.List any former names your organization has operated under and the time-frame. Name Time-frame 4. Provide a description of the methodology used to perform garage sweeping services.Please use additional sheets if necessary. 5. Is your company able to respond to City locations on the same day service is called for?No❑Yes❑ 6. Does your company offer same day emergency service,if so,what is your average response time? 7.Types of methods and protocols used that ensure safety to both personnel and civilians?Please use additional sheets if necessary. 8.Personnel availability after 8:OOPM to perform garage sweeping services to include: Number of Employees Average of years employed by Average years of Available the bidder experience: 9.Provide in a separate sheet a list of equipment/materials used to complete garage sweeping services. 10. List the minimum number of equipment and personnel necessary to complete garage sweeping services. Please use additional sheets if necessary. 11. Describe in a separate sheet the method of disposal of all litter,debris and dirt from each of the garage location. RFQt22-0046 Garage sweeping Services Page 25 of 29 en or SerViCeS Agreement—Mister Sweeper LF Page 57 of 02 ATTACHMENT-D REFERENCE SHEET Bidders shall provide a reference list of a minimum of three(3)current customers(comparable in size) who the bidder has recently supplied garage sweeping services on a continuing basis over a recent twelve (12)month period.The City will be the sole judge of references.Please use additional sheets if necessary. 1. Company's Name Name of Contact Title of Contact Present Address City,State,Zip Code Telephone Number ( ) Fax Number( ) Email 2. Company's Name Name of Contact Title of Contact Present Address City,State,Zip Code Telephone Number ( ) Fax Number( ) Email 3. Company's Name Name of Contact Title of Contact Present Address City,State,Zip Code Telephone Number ( ) Fax Number( ) Email RFQt 22-0046 Garage Sweeping Services Page 26 of 29 en or ervices Agreement—mister Sweeper age 58 o ATTACHMENT—E DRAFT SERVICE AGREEMENT The draft service agreement is attached as a separate document. RFQt22-0046 Garage sweeping Services Page 27 of 29 MIN ServiceS greemen — is ter Sweeper LP Vage tO or 62 ATTACHMENT—F TAYLOR STREET PARKING GARAGE MAP The Taylor Street Parking Garage Map is attached as a separate document. RFQt22-0046 Garage Sweeping Services Page 28 of 29 en or ServiCeS Agreement—Mister Sweeper EF Page bu of 62 ATTACHMENT-G DOCUMENTATION CHECKLIST *Biddershall complete the below to aid in responsiveness* Refer to Part 1,Section 17.0 for more information on the below required documents. Required Document Document Attached? Page Numbers of Bid Response Yes/No *Bidder will need to number their *Answering No may result bid response in ink* in failure to be awarded* A completed and signed Bid Submission Signature Page A completed Bid Solicitation A completed and signed Attachment A -Conflict of Interest Disclosure Requirement A completed and signed Attachment B—Bidder Contact Information A completed Attachment C-Bidder Qualification Questionnaire A completed Attachment D— Completed Reference Sheet providing three(3)references Documentation showing Bidder's company has been in the marketplace for a minimum of two(2)years(i.e. Secretary of State) Scanned copy of all documents listed in Section 17.1 Part 1,in a flash drive. Signed Addendums Sent Out After the Release of the Bid RFQt 22-0046 Garage Sweeping Services Page 29 of 29 en or etmces Agreement—iviister SWeeper LF Page 61 o EXIMIT E VERIFICATION OF SIGNATURE AUTHORITY JOSEPH THOMPSON PO BOX 560048 DALLAS,TX 75356 Execution of this Signature Verification k'orm ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor.Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor 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 Vendor. " , '<- ) 1. Name: 'jm;e llA�ar a .S�a .� � Position: � .. A,,- 101h, _ Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: f Gc e � 104t Signature of President/CEO Other Title: / Date: ( ' Vendor Services Agreement—Mister Sweeper LP Page 62 of 62