HomeMy WebLinkAboutContract 58164 City Secretary Contract No. 58164
FORT WORTH,
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ATTACHMENT E-VENDOR SERVICES AGREEMENT
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 CJ Hensch&Associates,Inc.("Vendor"),a Texas
Corporation, and acting by and through Roger Allen,its duly authorized Vice President, each individually
referred to as a"party"and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. Scope of Services.Vendor shall provide traffic movement counts and field data collection
services.Exhibit"A,"-Scope of Services more specifically describes the services to be provided hereunder.
2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below
("Effective Date") and shall expire on June 29, 2023 ("Expiration Date"), unless terminated earlier in
accordance with this Agreement("Initial Term"). City shall have the option,in its sole discretion,to renew
this Agreement under the same terms and conditions,for up to four(4)one-year renewal options,at City's
sole discretion.
3. Compensation. City shall pay Vendor in accordance with the fee schedule of Vendor
personnel who perform services under this Agreement in accordance with the provisions of this Agreement
and Exhibit `B,"—Price Schedule. Total payment made under this Agreement for the first year by City
shall be in an amount up to one hundred thousand Dollars ($100,000.00).Vendor shall not perform any
additional services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in
writing.
4. Termination. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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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 shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date,City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall 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 shall 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 shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and 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 shall treat all information provided to it by City("City Information") as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
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 shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access,modify, delete or otherwise corrupt City
Information in any way. Vendor shall notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised,in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City shall,until the expiration of three (3)years after
final payment under this contract, or the final conclusion of any audit commenced during the said three
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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 shall have access during
normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Vendor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement,Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees,Vendors and subVendors.Vendor acknowledges that the doctrine of respondeat superior shall
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents,
servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City.
Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers,agents, servants,employees or subVendor.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend,settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor shall have the right to conduct the defense of any such claim or action and all
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negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action,with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or,if as a result of a settlement or compromise,such use is materially adversely
restricted,Vendor shall, at its own expense and as City's sole remedy, either: (a)procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or(d)if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assienment and Subcontractine.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment,the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly 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, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor shall 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 work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
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(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident;each accident/occurrence
$100,000- Bodily Injury by disease;each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium.Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
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in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management.If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and Reeulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law.IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR,ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS 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 shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth C J Hensch&Associates,Inc.
Attn: William Johnson,Assistant City Manager Roger Allen,Vice President
200 Texas Street 116 W. Pioneer Drive
Fort Worth,TX 76102-6314 Irving,TX 75061
Facsimile: (817) 392-8654 Facsimile:NA
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
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Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Maieure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A,B,and C.
22. Amendments/Modifications/Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, 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.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
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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 shall 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
services.
26. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
shall be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product shall be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"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.
28. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by 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 whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
29. Change in Company Name or Ownership. Vendor shall notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of 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.
30. 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
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2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel'
and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract,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 contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By: William Johnson(S p 27,202212:27 CDT) this contract,including ensuring all performance and
Name: William Johnson reporting requirements.
Title: Assistant City Manager
Date: , 20
— By:
Name: Wilma Smith
APPROVAL RECOMMENDED: Title: Sr.Professional Engineer
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Lauren Prieur
Title: Interim Director,Transportation & Public
By; Dilack(Sep 27,2022 10:39 CDT)
Work Director Name: Douglas Black
ATTEST: Title: Sr.Assistant City Attorney
CONTRACT AUTHORIZATION:
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By; Jannette S.Goodall(Sep 29,202214:49 CDT) �p44nd��
Name: Janette Goodall o�oFORpaa
Title: City Secretary p1►o `���d
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VENDOR:
CJ Hen sch Associate,Inc
By:
Name: Roger Allen
Title: Vice President
Date: Sept 13 2p22
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
1.0 SCOPE
1.1 The City of Fort Worth(City) seeks bids from qualified bidders to establish an Annual
Agreement with the Transportation and Public Works (TPW) Department for traffic
movement counts field data collection services throughout the City in accordance with
the descriptions and specifications listed in this solicitation.
1.2 The successful bidder,hereinafter"Vendor",shall provide traffic movement counts field
data collection services on an as needed basis for the TPW Department.
1.3 The term of the Agreement shall be for an initial one-year (1) period, with four (4)
options to renew for additional one-year periods.However,if funds are not appropriated,
the City may cancel the agreement 30 calendar days after providing written notification
to the Vendor.
1.4 Brand Name or Equal: The Bidder may offer an "equal" product of any brand name
mentioned and must be prepared to demonstrate those features that render it equal. Final
determination of a product as "equal' remains with the City.
1.5 Vendor shall bid all items listed on Bid Solicitation Page.
1.6 Vendor shall state on Bid Solicitation Page that data shall be provided in an industry-
standard format in a hard-copy form in a spreadsheet layout and diagrammatically.
Electronic copies shall be in a format compatible with Microsoft Exce1TM. Electronic
copies using PETRAO software are preferred or approved equal.
1.7 Unit prices shall include all associated costs,not limited to delivery, fuel and handling
charges.No additional charges will be accepted or paid by the City.
1.8 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
1.9 Vendor shall respond and supply requested materials or services required during regular
business hours within a maximum of five (5)business days or less including shipment
by mutual agreement from the time original request is made.
1.10 Following the award,additional services of the same general category that could have been
encompassed in the award of this Agreement,and that are not already on the Agreement,
may be added.
2.0 GENERAL REQUIREMENTS
2.1 Weekday Turning Movement Counts(TMC)(6 hours(hrs.))
TMC Weekday Count Peak Period Time
Frames Morning 7:00 A.M. - 9:00 A.M.
Noon 11:30 A.M.- 1:30 P.M.
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Evening 4:30 P.M. -6:30 P.M.
Estimated Annual Quantity: 85 Count
2.2 Weekday TMC(12 hrs.)
TMC Weekday Count Peak Period Time
Frames Morning-Evening 7:00 A.M. - 7:00 P.M.
Estimated Annual Quantity: 10 Count
2.3 Weekday TMC(16 hrs.)
TMC Weekday Count Peak Period Time
Frames Morning-Evening 7:00 A.M. - 11:00 P.M.
Estimated Annual Quantity: 10 Count
2.4 Weekday TMC(24 hrs.)
TMC Weekday Count Peak Period Time
Frames Morning-Morning 7:00 A.M. - 7:00 A.M.
Estimated Annual Quantity: 10 Count
2.5 Roundabout Weekday TMC(6 hrs.)
TMC Weekday Count Peak Period Time
Frames Morning 7:00 A.M. -9:00 A.M.
Noon 11:30 A.M.- 1:30 P.M.
Evening 4:30 P.M. -6:30 P.M.
Estimated Annual Quantity: 5 Count
2.6 Weekend TMC(4 hrs.)
TMC Weekday Count Peak Period Time
Frames Saturday 2:00 P.M. -4:00 P.M.
Sunday 11:00 A.M.- 1:00 P.M.
Estimated Annual Quantity: 15 Count
2.7 Vendors shall collect vehicle turning movement counts including pedestrians and heavy
vehicles,during peak periods.
2.8 Peak hour factors and percentage of heavy vehicles(two-axle, six-tires, or larger) shall
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be provided per intersection approach in 15-minute increments.
2.9 Count shall be performed when weather conditions are dry and normal for the time of
year.
2.10 No count shall be performed on Mondays, Fridays or holidays. The period counts
do not have to be performed on the same day.
2.11 Data shall be provided in an industry-standard format in a hard-copy form in a
spreadsheet layout and diagrammatically. Electronic copies shall be in a format
compatible with Microsoft ExcelTM. Electronic copies using PETRA® software are
preferred or approved equal.
2.12 Work orders will be issued in writing or via e-mail with the intersection information
and Mapsco grid location.Any special requests will be noted.
2.13 24-hr.Volume Approach Tube Count
2.13.1 The tubes shall be placed close enough to the intersection under study to provide
an accurate count of arriving vehicles,including vehicles entering the roadway
from adjacent driveways.
2.13.2 Data shall be formatted to provide a clear understanding of direction of
intersection approach as provided on the work order.
2.13.3 Weather conditions shall be noted.
2.13.4 No count shall be performed on Mondays,Fridays or holidays.
2.13.5 Data shall be provided in an industry-standard format in a hard-copy form in
a spreadsheet layout. Electronic copies shall be in a format compatible with
Microsoft ExcelTM. Electronic copies using PETRA®software are preferred or
approved equal. The reports shall be in 15 minute increments with hourly
subtotals and daily totals.
2.13.6 Work orders shall be issued in writing or via e-mail with the intersection
information and Mapsco grid location.Any special requests shall be noted.
2.13.7 Estimated Quantity: 190 Count
2.14 24-hr.Volume Mid-Block Bi-Directional Tube
2.14.1 Tubes shall be placed at mid-block locations and shall collect raw data to
provide an analysis of speeds,classification and vehicle gaps.
2.14.2 All analysis shall be provided as requested on the work order.
2.14.3 Weather conditions shall be noted.
2.14.4 No counts shall be performed on Mondays,Fridays or holidays.
Vendor Services Agreement Page 13 of 16
City Secretary Contract No.
2.14.5 The data shall be provided in an industry-standard format in a hard-copy form in
a spreadsheet layout. Electronic copies shall be in a format compatible with
Microsoft Exce1TM.Electronic copies using PETRA® software are preferred or
approved equal.
2.14.6 Work orders shall be issued in writing or via e-mail with the intersection
information and Mapsco grid locations.Any special requests will be noted.
2.14.7 Estimated Quantity:400 Count
2.15 24-hr. Speed/Volume Tube Count Location
2.15.1 The tubes shall be placed close enough to the intersection under study to provide
an accurate count of arriving vehicles and speeds including vehicles entering
the roadway from adjacent driveways.
2.15.2 Data shall be formatted to provide a clear understanding of direction of
intersection approach as provided on the work order.
2.15.3 Weather conditions shall be noted.
2.15.4 No counts shall be performed on Mondays,Fridays or holidays.
2.15.5 Data shall be provided in an industry-standard format in a hard-copy form in
a spreadsheet layout. Electronic copies shall be in a format compatible with
Microsoft Exce1TM. Electronic copies using PETRA® software are preferred.
The reports shall be in 15 minute increments with hourly subtotals and daily
totals.
2.15.6 Work orders shall be issued in writing or via e-mail with the intersection
information and Mapsco grid location.Any special requests shall be noted.
2.15.7 Estimated Quantity: 125 Count
2.16 Vehicle Classification(24 hr)
2.16.1 The tubes shall be placed to avoid the path of turning vehicles.
2.16.2 Results shall be sent in portable document form (pdf) or Microsoft Exce1TM
format in hourly increments.
2.16.3 Classification shall be in accordance with Federal Highway Administration
(FHWA)and include.
EXHIBIT B
PRICE SCHEDULE
Vendor Services Agreement Page 14 of 16
City Secretary Contract No.
Line: 1
Descrii;ttion: city Unit UnitPrice Total
Weekday Turning Movement Counts(TMC)6 70.00 EA
Hours $330.00 23,100.00
Line: 2
DescriRtion: city Unit UnitPrice Total
Weekday Turning Movement Counts(TMC)12 10.00 EA
Hours
$600.00 6,000.00
Line: 3
DescriRtion: city Unit UnitPrice Total
Weekday Turning Movement Counts
Hours
$700.00 5,600.00
Line: 4
DescriRtion: Qty Unit UnitPrice Total
Weekday Turning Movement Counts(TMC)24 10.00 EA
Hours
$800.00 8,000.00
Line: 5
DescriRtion: Qty Unit UnitPrice Total
Roundabout Weekday TM C 6 Hours 3.00 EA
$700 2,100.00
Line: 6
DescriRtion: Qty Unit UnitPrice Total
Weekend TMC 4 Hours 15.00 EA
$300.00 4,500.00
Line: 7
DescriRtion: city Unit UnitPrice Total
24-Hour Volume Approach Tube Count 190.00 EA
$115.00 21,850.00
ine: 8
DescriRtion: city Unit UnitPrice Total
24-Hour Volume Mid Block Bi-Directional Tube 400.00 EA
$ 135.00 54,000.00
Line: 9
Descri tion: Q Unit UnitPrice Total
Weekday Pedestrian Counts 5 Hours 15.00 EA
$300.00 4,500.00
Line: 10 UnitPrice
Descri tion: Q Unit Total
24-Hour Speed Nolume Tube Count Location 125.00 EA
$140.00 17,500.00
Line: 11
Descri tion: Qtl; Unit UnitPrice Total
Vehicle Classification 10.00 EA
$140.00 11,400.00
Total Bid Amount: $148,550.00
Vendor Services Agreement Page 15 of 16
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
CJ HENSCH&ASSOCIATES,INC
116 W. PIONEER DRIVE
IRVING,TX 75061
Execution of this Signature Verification Form ("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: Roger L Allen
Positio 6' 'Vice President
�
SignaMre
2. Name:
Position:
Signature
3. Name:
Position:
Signature
N Roger L Allen
Si ature of President/CEO
Other Title: Vice President
Date: 9-13-2022
Vendor Services Agreement—Exhibit C Page 16 of 16
FORT WORTH®
COVER PAGE
Event ID Page Invited: EVENT DETAILS
CFWO1-22-0117 1
Event Round `Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Traffic Movement Count Field Data Collection Services 200 Texas St.(LowerLevel, South)
Start Time Finish Time Fort Worth TX 76102
04 27 2022 08:00:00 CDT 05 12/2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth seeks bids to finalize an Agreement for traffic movement count for the
Transportation and Public Works Department on an"as needed"basis.
Submission Requirements and 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://www.fortworthtexas.gov/departments/finance/purchasing/register for more information.
Assigned Buyer: Heather Oakes
There is not a Pre-Bid Conference for this bid.
Bids are solicited for furnishing the merchandise,supplies,services and/or equipment as set forth in this solicitation.Completed Bids
including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the
Purchasing Division by 1:30 P.M., May 12,2022,and then publicly opened and read aloud around 2:00 P.M. in the Council Chambers. Bids
must be submitted in a sealed envelope WITH THE BID NUMBER AND BIDDER COMPANY NAME WRITTEN ON THE OUTSIDE OF THE
ENVELOPE,addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME
STAMPED PRIOR TO THE1:30 DEADLINE IN ORDER TO BE CONSIDERED.
Bids shall be mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Lower Level, City Hall,200 Texas Street, Fort Worth,Texas 76102
Bids delivered by special courier(i.e. Federal Express, Special Delivery etc.)are to be marked on the
outside of the courier's shipping envelope"BID No.22-0117 Traffic Movement Counts Field Data Collection Services"AND MUST BE
RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.
Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid.
Bids may be withdrawn at any time prior to the official opening. Bids may not be altered,amended or withdrawn
after the official opening.The undersigned agrees,if the bid 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.
Solicitation Documents:
Cover Page
Bid Submission Signature Page"
Bid Solicitation—
Part 1 Instructions
Part 2 Scope of Services/Specifications
Attachment A-Conflict of Interest Disclosure Requirement"
Attachment B-Consideration of Location of Bidder's Principal Place of Business"
Attachment C-Vendor's Contact Information"
Attachment D-Reference Sheet
Attachment E-Draft Vendor Service Agreement, attached as a separate document
Attachment F-Contractor Qualification Questionnaire"
Attachment G-Documentation Checklist
"*Required to be completed and submitted. See Section 14.2, Part 1 for all required documents that need to be
submitted. Failure to submit all items will be grounds for rejection of a bid as non-responsive to the
specifications.
FORT WORTH®
BID SUBMISSION SIGNATURE PAGE
Event ID Page Invited: EVENT DETAILS
CFWOI-22-0117 2
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Traffic Movement Count Field Data Collection Services 200 Texas St. (Lower Level,South)
Start Time Finish Time Fort Worth TX 76102
04 27/2022 08:00:00 CDT 05 12 2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by
submitting and signing below, acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Legal Company Name: C J HenSch &Associates, Inc.
Company Address: 116 W. Pioneer Drive
City,State,zip: Irving, TX 75061
Vendor Registration No.: 0000030141
Printed Name of Officer or Authorized Representative: Roger Allen
Title: Vice President % /
Signature of Officer or Authorized Representative: (.
Date:___May 12, 2022
Email Address: rogerallen@cjhensch.com
Phone Number: 713 562-6017
Federal Identification Number(FID): 76-0582628
Will agreement be available for Cooperative Agreement use'?Yes No X
(*See Section 22.0,"Cooperative Purchasing"of Part 1,"Instructions")
ITB 22-0117 Traffic Movement Counts Field Data Collection Services
Page 2 of 29
FORT WORTH®
BID SOLICITATION
Event ID Page Invited: EVENT DETAILS
CFW01-22-0117 3
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Traffic Movement Count Field Data Collection Services 200 Texas St. (LowerLevel, South)
Start Time Finish Time Fort Worth TX 76102
04 27/2022 08:00:00 CDT 05 12 2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Description: Qty Unit UnitPrice Total
Weekday Turning Movement Counts(TMC)6 70.00 EA
Hours
$330.00 23,100.00
Line: 2
Description: Qty Unit UnitPrice Total
Weekday Turning Movement Counts(TMC)12 10.00 EA
Hours
$600.00 6,000.00
Line: 3
Description: Qty Unit UnitPrice Total
Weekday Turning Movement Counts(TMC)16 8.00 EA
Hours
$700.00 5,600.00
Line: 4
Description: Qty Unit UnitPrice Total
Weekday Turning Movement Counts(TMC)24 10.00 EA
Hours
$800.00 8,000.00
Line: 5
Description: Qty Unit UnitPrice Total
Roundabout Weekday TMC 6 Hours 3.00 EA
$700 2,100.00
Line: 6
Description: Qty Unit UnitPrice Total
Weekend TMC 4 Hours 15.00 EA
$300.00 1 4,500.00
Line: 7
Description: Qty Unit UnitPrice Total
24-Hour Volume Approach Tube Count 190.00 EA
$115.00 121,850.00
Line: 8
Description: Qty Unit UnitPrice Total
24-Hour Volume Mid Block Bi-Directional Tube 400.00 EA
$ 135.00 54,000.00
ITB 22-0117 Traffic Movement Counts Field Data Collection Services
Page 3 of 29
FORT WORTH®
BID SOLICITATION
Event ID Page Invited: EVENT DETAILS
CFWO1-22-0117 4
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Traffic Movement Count Field Data Collection Services 200 Texas St. (Lower Level,South)
Start Time Finish Time Fort Worth TX 76102
04 27 2022 08:00:00 CDT 05/12 2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 9
Description: Qty Unit UnitPrice Total
Weekday Pedestrian Counts 5 Hours 15.00 EA
$ 300.00 4,500.00
Line: 10
Description: Qty Unit UnitPrice Total
24-Hour Speed/Volume Tube Count Location 125.00 EA
$ 140.00 17,500.00
Line: 11
Description: Qty Unit UnitPrice Total
Vehicle Classification 10.00 EA
$ 140.00 1,400.00
Total Bid Amount: $148,550.00
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 Offeror 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.
ITB 22-0117 Traffic Movement Counts Field Data Collection Services
Page 4 of 29
PART-1
INSTRUCTIONS
1.0 SOLICITATION
1.1 Review of Documents: Bidders are expected to examine all documents that make up the
Solicitation as well as any addendums. Bidders shall promptly notify the City of any
omission, ambiguity, inconsistency or error that they may discover upon examination of the
Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no
responsibility for any errors or misrepresentations that result from Bidders not using the
completed Solicitation document and addendums.
1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location
for the Purchasing Division is specified in the advertisement and on the first page of the
solicitation.
2.0 EXPLANATIONS, CLARIFICATIONS OR QUESTIONS
2.1 Any explanation, clarification, or question desired by a Bidder regarding any part of the
Solicitation must be requested in writing from the Purchasing Division by the question
deadline listed in Section 2.0, Part 2, so that a written addendum can be posted before the
submission deadline. Interpretations, corrections, or changes to the Solicitation made in
any other manner are not binding upon the City, and Bidders shall not rely upon such
interpretations, corrections or changes. Oral explanations or instructions given before the
award of the Contract are not binding.
2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED,ALL QUESTIONS MUST BE BY E-
MAIL BEFORE THE QUESTION DEADLINE AND MUST BE IDENTIFIED AS FOLLOWS:
2.2.1 All explanation, clarification or questions must clearly identify the buyer's name and
the bid number on the document or on the subject line, if sent by and email. For
example: "Attention: Buyer name and Bid No. XX-XXX". If the buyer's name and
bid number is not included as specified above,the question(s)will NOT be
answered.
2.2.2 Delivery of questions by email— FMSPurchasingResponses(aD-fortworthtexas.gov
2.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not received
within 1 (one) business day, please contact the City of Fort Worth
Purchasing at 817-392-2462.
2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are
not binding upon the City, and Bidders shall not rely upon such interpretations, corrections
or changes. Oral explanations or instructions given before the award of the Contract are
not binding.
2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by
an Addendum posted on the City's website under the corresponding bid number.
3.0 UNAUTHORIZED COMMUNICATIONS—Bidders' contact regarding this Invitation to Bid (ITB)with
employees or officials of the City other than the Purchasing Manager, the Business Equity Division,
or as otherwise indicated in the ITB is prohibited and may result in disqualification from this
procurement process. No officer, employee, agent or representative of the Respondent shall have
any contact or discussion, verbal or written, with any members of the City Council, City staff or
City's consultants, or directly or indirectly through others, seek to influence any City Council
member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except
as herein provided. Any violation of this prohibition may result in the Respondent being disqualified
Revised 6.9.22cc
ITB 22-0117 Traffic Movement Counts Field Data Collection Services
Page 5 of 29
from the procurement process. Any oral communications are considered unofficial and non-binding
with regard to this ITB.
4.0 PREBID CONFERENCE- None
5.0 PREPARATION OF BIDS
5.1 Each Bidder must furnish all information required by the Solicitation in order to be
evaluated. Prices or Percent Markups submitted on other than the forms included in
the Solicitation shall be considered non-responsive.
5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of
the Bid.
6.0 QUANTITIES-The quantities listed on the bid solicitation are only estimates based on previous
usage and do not indicate intent to purchase or a guaratttee 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.
7.0 TAXES- Purchases of Goods or Services for City use are usually exempt from City, State, and
most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request
a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City
be liable to pay taxes for which the City has an exemption under any Contract.
8.0 DEFINITIONS
8.1 Brand Name or Equal: If the Solicitation indicates brand name or"equal"products are
acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate
those features that render it equal. Final determination of a product as"equal" remains
with the City.
8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar
days. Time is of the essence in any City purchase. If the indicated date cannot be met or
the date is not indicated, the Bidder shall state its best delivery time.
8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and
Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery
to the point of destination.
8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier
for breakage or other loss and for any damage resulting from transportation.
8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the
place specified, at the Bidder's expense and risk, and their tender delivery to the
City.
8.3.3 Bids offering any other delivery terms are not acceptable and may be cause for
resection.
9.0 PRICES/PERCENTAGE MARKUP
9.1 Bid prices and percentage markup(if applicable)shall be firm offers unless otherwise
specified. Pricing and percentage markup (if applicable)shall be entered on the Bid Offer
Sheet.
9.2 In the event of a discrepancy between unit price and extended price, the unit price shall
govern.
Revised 6.9.22cc
ITB 22-0117 Traffic Movement Counts Field Data Collection Services
Page 6 of 29
9.3 Prices shall be offered in the Dollars of the United States of America (or decimal fractions
thereof).
10.0 SIGNATURE-The Bidder must provide a wet signature on each document in the Solicitation
requiring a signature. Any change made to the Bid must be initialed by the Bidder.
11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID
11.1 All material submitted to the City becomes public property and is subject to the Texas Open
Records Act upon receipt.
11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each
page must be identified and marked proprietary at time of submittal. The City will,
to the extent allowed by law, endeavor to protect such information from disclosure.
If a Public Information Request is made for Bidder's proprietary information, the
Bidder will be notified so that they can submit a letter to the Texas Attorney
General. The final decision as to information that must be disclosed lies with the
Texas Attorney General.
11.1.2 Failure to identify proprietary information will result in all unmarked sections being
deemed non-proprietary and available upon public request.
12.0 BID PREPARATION COSTS-All costs associated with preparing a Bid in response to a
Solicitation shall be borne by the Bidder.
13.0 PAYMENTS
13.1 All payment terms shall be"Net 30 Days"from the date the City receives a correct invoice.
13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing
goods and/or services using the forms posted on the City's website at
https://www.fortworthtexas.qov/departments/finance/purchasing/ach
14.0 SUBMISSION OF BIDS
14.1 Bid documents: Unless otherwise specified, Bidders are required to submit a signed
executed original and one scanned copy of the entire bid submittal on a flash drive. Bids
must be submitted in a sealed envelope with the bid number written on the outside of the
envelope.
14.2 Documents required to be submitted with Bid: Bidders shall submit all the items listed
below and utilize the format below to submit their bid prior to the bid submission deadline.
14.2.1 The completed and signed Bid Submission Signature Page;
14.2.2 The completed Bid Solicitation;
14.2.3 Bidders shall provide evidence that they are duly qualified and capable to fulfill and
abide by the requirements listed herein with the bid. The bidder shall demonstrate
its ability to secure and perform the services within the traffic movement counts
requirements specified in Part 2 Section 7.0.
14.2.4 A detailed performance plan that outlines the method to be used to ensure that the
needs of the City will be met.
14.2.5 A completed and signed original Conflict of Interest Questionnaire,Attachment A.
Revised 6.9.22cc
ITB 22-0117 Traffic Movement Counts Field Data Collection Services
Page 7 of 29
14.2.6 A completed Consideration of Location of Bidder's Principal Place of Business,
Attachment B, if applicable.
14.2.7 A completed and signed Vendor Contact Information, Attachment C.
14.2.8 Reference list of a minimum of three(3)current customers (comparable in size)
who the bidder has recently provided subject services on a continuing basis over a
three(3) year, Attachment D.
14.2.9 A completed Vendor Questionnaire, Attachment F.
14.2.10 Signed Addendum(s) acknowledging receipt.
14.2.11 Scanned copy of all documents listed in Section 14.2, Part 1.
14.2.12 Any other document included in the Solicitation requiring completion or execution
by the Bidder.
14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a
bid as non-responsive to the specifications.
15.0 LATE BIDS
15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline.All
Bids received after the submission deadline are considered late and will be returned to the
Bidder unopened.
15.2 Purchasing's time stamp clock is the official time of record. However, if the time stamp is
not available or broken, the date and time written on the bid receipt by Purchasing staff
shall be the time of record.
15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the
Purchasing Division. The City will not be responsible for failure of service on the part of the
U.S. Postal Office, courier companies, or any other form of delivery service chosen by the
Bidder to deliver before the bid due date and time.
15.4 Bids delivered to a City location other than the Purchasing Division will not be considered.
The Bid must be received by the Purchasing Division and stamped before deadline to be
considered.
16.0 MODIFICATION OR WITHDRAWAL OF BIDS
16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid
submission deadline.
16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the
facsimile is signed by the Bidder) at any time prior to the bid submission deadline. A Bid
may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the
bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids
may be withdrawn after the bid submission deadline without forfeiture of the Bid guarantee,
unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or
without modifications, prior to the bid submission deadline. The City may require proof of
agency from the person withdrawing a bid.
17.0 OPENING OF BIDS
The Purchasing Division representative responsible for opening Bids shall personally and publicly
open all Bids timely received, reading each bid aloud.
R-i-d 6.9.22-
ITB 22-0117 Traffic Movement Counts Field Data Collection Services
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18.0 EVALUATION FACTORS AND AWARD
18.1 Evaluation: Bidders may furnish pricing for all or tiny portion of the Solicitation (unless
otherwise specified). However, the City may evaluate and award the Contract for any item
or group of items shown on the Solicitation, or any combination deemed most
advantageous to the City. Bids that specify an "all or none"award may be considered if a
single award is advantageous.
18.2 Award. The Method of Award is detailed in Section 4, Part 2. (Note: A Bidder that does not
earn at least 50%of the technical points will be deem "non-responsive" and will not be
awarded a contract.)
18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a
Purchase Order or a Contract. Subsequent Purchase Orders may be issued as
appropriate. The contents of a Bid Response shall become a part of the Contract. Under
no circumstances will the City be responsible for Goods or Services provided without a
Purchase Order issued by the City.
19.0 RESERVATIONS-The City expressly reserves the right to:
19.1 Specify approximate quantities in the Solicitation;
19.2 Extend the Solicitation opening date and time;
19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most
advantageous to the City;
19.4 Waive as an informality, minor deviations from specifications provided they do not affect
competition or result in functionally unacceptable goods or services;
19.5 Waive any minor informality in any Bid or Solicitation procedure(a minor informality is one
that does not affect the competitiveness of the Bidder);
19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission
deadline;
19.7 Reject a bid because of unbalanced unit prices bid;
19.8 Reject or cancel any or all Bids;
19.9 Reissue a Solicitation;
19.10 Procure any item by other means; and/or
19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary
vendors.
20.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS
20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide
Certificates of Insurance in the amounts and for the coverages required to the Purchasing
Office within 14 calendar days after notification of award, or as otherwise required by the
Solicitation.
20.2 Business Equity Division Documents: If a Business Equity goal has been established for
the bid, the applicable documents must be submitted by all bidders wishing to continue in
the bid evaluation process within two(2)City business days after the bid opening date,
exclusive of the bid opening date, to the City location specified in the bid. Bidders shall
Revised 6.9.22-
ITB 22-0117 Traffic Movement Counts Field Data Collection Services
Page 9 of 29
obtain a receipt from the appropriate department as evidence that the City received the
documentation.
20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be
approved by the City Council before execution, the successful bidder is required to
complete the Certificate of Interested Parties Form 1295 and submit the form to the
Purchasing contact listed in the solicitation before the purchase/contract will be presented
to the City Council. The form may be completed at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm.
21.0 PROTEST PROCEDURE
21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process
or the bid award if they believe that there has been any impropriety or unfair criteria in the
process.
21.2 The Vendor must submit any protest in writing to the Purchasing Manager within 14 days
after the Vendor knows, or should have known, of the facts relating to the proposed action
or award.
21.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a
purchasing action through telephone discussions, mail, e-mail or in person meetings with
the protesting Vendor.
21.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in
writing, state the reasons for the action taken and inform the protesting Vendor of the right
to review by a panel made up of City staff.
21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the
operating department, the Purchasing Manager and any other appropriate personnel or
employees of the operating department.
21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the
Vendor does not agree, the protesting Vendor will be invited to attend the City Council
meeting at which the recommended award is to be presented to the City Council and make
known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start
of the City Council meeting and complete a card requesting to speak concerning the
particular Mayor and Council Communication document(M&C) in question.
21.6.1 Vendors wishing to speak before the City Council should review the rules for
registering to appear before City Council located at:
http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's
website.
22.0 COOPERATIVE PURCHASING
22.1 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.
22.2 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
R.,i.d 6.9.22cc
ITB 22-0117 Traffic Movement Counts Field Data Collection Services
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another governmental entity's debts. Each governmental entity shall order its own
material/services as needed
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PART-2
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City)seeks bids to finalize an agreement for traffic movement
counts field data collection services throughout the City for Transportation and Public
Works (TPW) Department on an "as needed"basis. Prospective responding bidders should
ensure they download all attachments for complete responses and understanding of the
agreement the City intends to award from this solicitation. The successful bidder(s), known
hereafter as"Contractor'T'Vendor."
1.2 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 is obligated to
pay for only those services actually ordered by an authorized City employee and then
received as required and accepted by the City.
1.3 This Agreement shall be for a one-year(1) period, with four(4) options to renew for
additional one-year periods, unless terminated earlier in accordance with this Agreement
("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew under the
same terms and conditions for up to four(4) one-year renewal periods, unless City or
Vendor provides the other party with notice of non-renewal at least 60 days before the
expiration of the Initial Term or renewal period. However, if funds are not appropriated, the
City may cancel the Agreement thirty (30) calendar days after providing written notification
to the Contractor/Vendor.
1.4 Following the award, additional services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the
Agreement, may be added based on the discount bid and price sheet provided with the bid.
1.5 Unit prices shall include all costs associated with the specified work, including but not
limited to handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.6 Any 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.
1.7 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
2.0 TENTATIVE SCHEDULE OF EVENTS
TASK DATE
ITB Release Date A ril 27, 2022
Pre-Bid Conference None
Deadline for Questions May 4, 2022 at 5PM (Local
Time
Answers Posted Ma 6, 2022
ITB Responses Due Date AT 1:30 p.m. Local Time May 12. 2022
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Recommended Vendor Selection June 2022
Contract Execution June/July2022
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP-The Vendor shall notify the City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of
maintaining updated City records. The president of the company or authorized official must sign the
letter. A letter indicating changes in a company name or ownership must be accompanied with
supporting legal documentation such as an updated W-9, documents filed with the state indicating
such change, copy of the board of director's resolution approving the action, or an executed merger
or acquisition agreement. Failure to do so may adversely impact future invoice payments.
4.0 METHOD OF AWARD
4.1 Bids will first be evaluated based upon bids received from a responsible bidder that
presents the best value to the City. A responsible bidder is defined as a bidder that:
4.1.1 Meets all the requirements listed in Section 5, Part 2.
4.1.2 Submits a completed bid package within the stated deadline and in accordance
with the bid specifications.
4.2 Bids that do not receive 50%or more of the total available points, excluding the points for
price, will be deemed non-responsive.
4.3 The following criteria will be used to determine the best value:
4.3.1 Cost of service—up to 40 points
4.3.2 Contractors provide tools and software—up to 20 points
4.3.3 Contractor's ability to meet the City's needs—up to 20 points
4.3.4 Contractor's approach to performing services—up to 20 points
4.4 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.
4.5 The City reserves the right to accept or reject in whole or in part any or all bids received
and to make an award on the basis of individual item, combination of items, or overall bid,
as it is deemed in the best interest of the City. 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.
4.6 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.
4.7 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.
4.8 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.
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4.9 If Attachment C, Local Preference, is completed by any Bidder, the City will review the
Attachment to determine whether Local preference will apply to the award.
5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED
5.1 The Contractor shall:
5.1.1 Have a minimum of two (2)years of experience conducting services similar or
related to the Scope of Services.
5.1.2 Have and operate a full-time, permanent business address with the ability to be
reached by email and telephone.
5.1.3 Bid on all items listed on the Bid Solicitation Page.
6.0 CONTRACTOR RESPONSIBILITIES—Contractor shall
6.1 Provide data in an industry- standard format in a hard-copy form in a spreadsheet layout
and diagrammatically. Electronic copies shall be in a format compatible with Microsoft
ExcelTM. Electronic copies using PETRA@ software are preferred or approved equal.
6.2 Respond and supply requested materials or services required during regular business
hours within a maximum of five(5) business days or less including shipment by mutual
agreement from the time original request is made.
6.3 Collect vehicle turning movement counts including pedestrians and heavy vehicles, during
peak periods.
7.0 TRAFFIC MOVEMENT COUNT REQUIREMENTS
7.1 Count shall be performed when weather conditions are dry and normal for the time of year.
7.2 No count shall be performed on Mondays, Fridays or holidays. The period counts do
not have to be performed on the same day.
7.3 Work orders will be issued in writing or via e-mail with the intersection information and
Mapsco grid location. Any special requests will be noted.
7.4 Peak hour factors and percentage of heavy vehicles(two-axle, six-tires, or larger)shall be
provided per intersection approach in 15-minute increments.
7.5 Weekday Turning Movement Counts(TMC)6 hours
TMC Weekday Count Peak Period Time Frames
Morning 7:00 AM to 9:00 AM
Noon 11:30 AM to 1:30 PM
Evening 4:30 PM to 6:30 PM
7.6 Weekday TMC 12 hours
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TMC Weekday Count Peak Period Time Frames
Morning—Evening 7:00 AM to 7:00 PM
7.7 Weekday TMC 16 hours
TMC Weekday Count Peak Period Time Frames
Morning—Evening 7:00 AM to 11:00 PM
7.8 Weekday TMC 24 hours
TMC Weekday Count Peak Period Time Frames
Morning- Morning 7:00 AM to 7:00 AM
7.9 Roundabout Weekday TMC 6 hours
TMC Weekday Count Peak Period Time Frames
Morning 7:00 AM to 9:00 AM
Noon 11:30 AM to 1:30 PM
Evening 4:30 PM to 6:30 PM
7.10 Weekend TMC 4 hours
TMC Weekend Count Peak Period Time Frames
Saturday 2:00 PM to 4:00 PM
Sunda 11:00 AM to 1:00 PM
7.11 Weekday Pedestrian Counts (PC) 5 hours
PC Weekday Count Peak Period Time Frames
Morning* 7:00 AM to 9:00 AM
Afternoon* 2:30 PM to 5:00 PM
*Times may vary
7.12 24-Hour Volume Approach Tube Count
7.12.1 The tubes shall be placed close enough to the intersection under study to provide
an accurate count of arriving vehicles, including vehicles entering the roadway from
adjacent driveways.
7.12.2 Data shall be formatted to provide a clear understanding of direction of intersection
approach as provided on the work order.
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ITB 22-0117 Traffic Movement Counts Field Data Collection Services
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7.12.3 Reports shall be in 15-minute increments with hourly subtotals and daily totals.
7.12.4 Weather conditions shall be noted.
7.12.5 No count shall be performed on Mondays, Fridays or holidays.
7.12.6 Work orders shall be issued in writing or via e-mail with the intersection information
and Mapsco grid location.Any special requests shall be noted.
7.13 24- Hour Volume Mid-Block Bi-Directional Tube
7.13.1 Tubes shall be placed at mid-block locations and shall collect raw data to provide
an analysis of speeds, classification and vehicle gaps.
7.13.2 All analysis shall be provided as requested on the work order.
7.13.3 Weather conditions shall be noted.
7.13.4 No counts shall be performed on Mondays, Fridays or holidays.
7.14 24-Hour Speed/Volume Tube Count Location
7.14.1 The tubes shall be placed close enough to the intersection under study to provide
an accurate count of arriving vehicles and speeds including vehicles entering the
roadway from adjacent driveways.
7.14.2 Data shall be formatted to provide a clear understanding of direction of intersection
approach as provided on the work order.
7.14.3 Reports shall be in 15-minute increments with hourly subtotals and daily totals.
7.14.4 Weather conditions shall be noted.
7.14.5 No counts shall be performed on Mondays, Fridays or holidays.
7.14.6 Work orders shall be issued in writing or via e-mail with the intersection information
and Mapsco grid location.Any special requests shall be noted.
7.15 Vehicle Classification
7.15.1 The tubes shall be placed to avoid the path of turning vehicles.
7.15.2 Results shall be sent in portable document form (pdf) or Microsoft ExcelTM format in
hourly increments.
7.15.3 Classification shall be in accordance with Federal Highway Administration(FHWA)
and include.
8.0 LAWS, REGULATIONS,AND ORDINANCES
8.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations;
State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City:
laws, ordinances, and regulations for safety of people, environment, and property. This
includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations
and Commissions such as the Environmental Protection Agency(EPA), Occupational
Safety and Health Administration (OSHA), and the Texas Commission on Environmental
Quality(TCEQ). In the event any law, regulation or ordinance becomes effective after the
start of this Agreement, the Vendor is required to comply with new policy.Any mandates
requiring the City to comply with new guidelines will also require the Vendor to comply.
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ITB 22-0117 Traffic Movement Counts Field Data Collection Services
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9.0 INVOICING REQUIREMENTS
9.1 The City of Fort Worth has begun implementing an automated invoicing system.
9.2 The Contractor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: supplierinvoicesa-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.
9.3 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)
9.4 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;
• Invoice date; and
• Invoices should be submitted after delivery of the goods or services.
9.5 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(W-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 AccountsPavablea-fortworthtexas.gov.
9.6 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.
9.7 If electronic invoicing is not possible, you may send your paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
The City's goal is to receive 100% of invoices electronically so that all supplier payments
are processed efficiently. To achieve this goal, we need the Contractor's support.
If Contractor has any questions, please contact the Accounts Payable team at (817) 392-
2451 or by email to ZZ FIN AccountsPavablea-fortworthtexas.gov.
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ITB 22-0117 Traffic Movement Counts Field Data Collection Services
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9.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish
a tax exemption certificate upon Vendor's request.
10.0 UNIT PRICE ADJUSTMENT
10.1 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.
10.2 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.
10.3 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.
10.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
10.5 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.
10.6 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.
10.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written
notice to the City.
11.0 INSURANCE REQUIREMENTS—The Contractor shall carry insurance in the types and amounts
for the duration of this contract as listed in the draft service agreement,Attachment D to this
solicitation, and furnish certificates of insurance along with copies of policy declaration pages and
policy endorsements as evidence thereof.
12.0 PERFORMANCE- Failure of the City to insist in any one or more instances upon performance of
any of the terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the Vendor's obligation
with respect to such performance shall continue in full force and effect.
13.0 SUBCONTRACTING -No subcontracting of the work under this contract will be allowed without
written permission from the City.
14.0 HAZARDOUS CONDITIONS
14.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to any property.
14.2 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.
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15.0 CONTRACT ADMINISTRATION AND TERMINATION
15.1 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.
15.2 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.
15.3 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.
15.4 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.
16.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT
16.1 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.
17.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
17.1 Vendor 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).
18.0 DEBARMENT AND SUSPENSION
18.1 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,
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19.0 BYRD ANTI-LOBBYING AMENDMENT(31 U.S.C. 13521
19.1 Firms that apply or bid for an award exceeding$1'00,000.00 must file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
non-Federal award.
19.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their
bid, if the bid exceeds$100,000.00.
20.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES
20.1 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 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.
21.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES
21.1 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.
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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
hftp://www.ethics.state.tx.us/forms/CIQ.pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City,state Contractor name in the#1, use N/A in each of the areas on the form.
However, a signature is required in the#7 box in all cases.
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by KB, 23„ Bath Leg., Regular Session. OFFICE USE ONLY
`a his questionnaire is trig fled in accordance with Chapter 176,Local Govemment Code,by a vendor who
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the $R e r^_
vendor meets requirements under Section 176.006(a).
By taw this questionnaire mast be tried with the records administrator of the local govemmental entity not later
than the 7th business day after the date the vendor times aware of fates that require the statement to be
f fodx See Section t 76.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An
offense under this see-lion is a misdemeanor:
1T Name of vendor who has a business relationship with local governmental entity,
C J Hensch &Associates, Inc.
2 N/ Check this box it ou are filing an a dalp to a previously filed uestionnalre. The law y g p p sty q ( requires that you isle an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally fled questionnaire was incomplete or inac crate.)
31 Name of local government officer about whom the information is being disclosed.
N/A
Name of Officer
41 Describe each employrent or other business relationship with the local government officer,or a(amity member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B foreach employtri?nt 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 taxable income,
other than invrest-meenntt income,from the vendor?
"es N/A No
B. is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable incvrm is not received from the
local governmental entity?
N/ Yes N/ No
5 Describe each employment or business relationship that the vendor 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.
N/A
s
N/ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
N as described in Section 176.C-0(a}(2)rB), excluding gifts described in Section 176.003(a-1).
21
G &
5-12-22
SqOaUleo vendor doing business with the govemmenta entry a�?
Form provided by Texas Ethim Commission www,ethics.state.tx_us Revised ttIM21
Re,4md 6.9.22-
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CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code maybe found at http,-IWww.statutes.legis.state.b(.us'
Docs-`LG/htrn,'La176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code 4 176.001(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;
(8) 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 4 176.003(a)(2)(A)and(B)
(a) A local government officer shall file a conflicts disclosure statemen-twith respect to avendor it:
(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 officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed',
or
(fi) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggTegatevalue 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
(li) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code fi 176.006(a)and(a-1)
(a)A vendor shall file a completed conflict of interest questionnaire if the vendor 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 a 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 gifts with 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 local governmental entity an application,response to a request for 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.
Form pfuvded by Texas Ethics Commission wwdv-9thics.stat9.1x.us Remsed lA202',
1&,ised 6.9.22..
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ATTACHMENT-B
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids,to enter into a contract for certain purchases with a bidder whose principal
place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5
percent of the lowest bid, depending on the value of the request and goods or services requested, if
the lowest bid is from a business outside the municipality and contracting with the local bidder
would provide the best combination of price and other economic benefits to the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the
bid or request package.
The Fort Worth City Council requires the following information for consideration of location of a bidder's
principal place of business. Add additional sheets if needed to provide this information.
1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas.
a. Do you have a Fort Worth office? If yes, identify address:
No
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed
50%] N/A
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees? N/A
b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by
company (for prior tax year— Fort Worth office or former location, if Fort Worth office is newly-
established)? N/A
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the date
hereof, under penalty of perjury.
C J Hensch&Associates,Inc. 5-12-22
(Company Name) (Date)
CRoger L Allen Vice President
i nature) (Printed Name and Title)
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ATTACHMENT C—VENDOR CONTACT INFORMATION
Vendor's Name: C J Hensch &Associates, Inc.
Vendor's Local Address: 116 W Pioneer, Irving, Texas 75061
Phone: 214-492-6300 Fax: 214-441-0197
Email: rogerallen@cjhensch.com
Name of persons to contact when requesting services or billing questions:
Name/Title Teresa Hernandez Regional Manager
Phone: 214-492-6300 Fax: 214-441-0197
Email:ternandez@cjhensch.com
Name/Title Roger Allen-Vice President
Phone: 214-492-6300 Fax:
Email:rogerallen@cjhensch.com
Name/Title
Phone: Fax:
Email:
Will your company accept P-card payments? yes X no
CVL Roger L Allen 5-12-22
SioaJure Printed Name Date
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ATTACHMENT D
REFERENCE SHEET.
Please complete and return this form with your bid.
The Vendor shall furnish references for at least three(3) recent customers to whom products and/or
services have been provided that are similar to those required by this solicitation. The City will be the sole
judge of references. Please use additional sheets.
1. Company's Name Pacheco Koch a Westwood Company
Name of Contact Hunter Lemley
Title of Contact PE,PTOE
Present Address 7557 Rambler Road, Suite 1400
City, State, Zip Code Dallas, TX 75231
Telephone Number ( 972 )235-3031 Fax Number( }
Email hlemley@pkce.com
2. Company's Name Kimley-Horn &Associates, Inc.
Name of Contact Scot Johnson
Title of Contact PE, PTOE
Present Address 13455 Noel Road Two Galleria Suite 700
City, State, Zip Code Dallas, TX 75240
Telephone Number ( 972 ) 776-1735 Fax Number( )
Email scot.johnson@kimley-horn.com
3. Company's Name Kimley Horn & Associates, Inc.
Name of Contact Brandon Forsythe
Title of Contact PE
Present Address 801 Cherry Street, Suite 1300, Unit 1
City, State, Zip Code Fort Worth TX 76102
Telephone Number (817 ) 339-2289 Fax Number( }
Email brandon.forsythe@kimley-horn.com
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ATTACHMENT E—DRAFT SERVICE AGREEMENT
The draft service agreement is attached as a separate document.
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ATTACHMENT F—CONTRACTOR QUALIFICATION QUESTIONNAIRE
The information provided on this questionnaire and in the bid submittal will be used to evaluate your bid.
Please answer each question thoroughly.Answers may be provided on a separate sheet as long as each
response is labeled according to the question.
1. Date your company was established? 1995
2. How many years has your organization been in business under its present name? 27
a. List any former names your organization has operated under and the timeframe(s).
NA
3. Is your company able to provide the types of traffic counts in Part 2 Sections 7.5 through 7.14?
Yes. We have performed traffic counts for the same City of Fort Worth contract for the Past 10 years.
4. Does your company have at least 2 years of experience per section 5.1.1?
Yes. C J Hensch &Associates (CJH)has been performing traffic counts since 1995. CJH
has performed the line items on this contract for the past 10 years for City of Fort Worth.
C J Hensch performs traffic counts for Txdot, NCTCOG, and the City of Fort Worth.
5. Is your company able to provide reporting using PETRA@ software per part 2 section 6.1?
�X Yes No, list software used
6. Is your company able to respond and complete the requested traffic counts within 5 business days?
Yes No, what time frame to be completed?
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ATTACHMENT G-DOCUMENTATION CHECKLIST
*Proposer shall complete the below to aid in responsiveness*
Refer to Section 14.1 for more information on the below required documents.
Reauired Documents Document Attached? Page Numbers) of Bid Response
Yes/No *Bidder will need to number their
bid response in ink*
completed and signed Bid Submission n
Signature Page Yes L-
completed Bid Solicitation Yes 3
Bidders shall provide evidence that they
are duly qualified and capable to fulfill and Yes
bide by the requirements listed herein with
he bid. The bidder shall demonstrate its V
ability to secure and perform the services
within the delivery requirements specified
herein.
Attachment A-Conflict of Interest Yes
Questionnaire
Attachment B—Consideration of Location
of bidders Principal Place of Business Yes )i L
Attachment C—Vendor Contact Yes
Information
Attachment D—Reference Sheet Yes
Attachment F-A completed Contractor Yes
Qualification Questionnaire
Scanned Copy of all required documents Separate USB Drive with password
Yes included if necessary
Signature:
Email: tabitha.giddings@fortworthtexas.gov
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