HomeMy WebLinkAboutContract 58564 CSC No.58564
VENDOR SERVICES AGREE,MENTP
Site Partners,I,ILC dba Site Barricades
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
and Site Partners, LLC dba Site Barricades. ("Vendor"), and acting by and through its
duly authorized representative, each individually referred to as a "party" and collectively referred to
as the"parties."
AGREEMENT DOCU TENTS:
This Agreement and supporting documents shall include the following:
I_ Exhibit A-Scope of Services;
2. Exhibit B—Price Schedule;
3. Exhibit C—Verification of Signature Authority Form and;
4. Exhibit D—Insurance Requirements.
Exhibits A, B, C and D, 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 terns and conditions of this
Agreement shall control.
1. SCOPE OF SERVICES.
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Vendor shall install traffic control devices in compliance with an appropriate MUTCD Typical
Application or a site-specific control plan. Vendor shall pick up rental equipment within (2) hours of
request on behalf of the Water Department.Exhibit"A,"-Scope of Services more specifically describes
the services to be provided hereunder.
2. TERM.
This Agreement shall begin on the Effective Date,as established herein,and shall expire one year
after completion of the Services,unless terminated earlier in accordance with this Agreement.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.
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform '.
services underthis Agreement in accordance with the provisions of this Agreement and Exhibit"B,"—Price
Schedule. Total payment made under this Agreement shall be in the amount of One Hundred Four
Thousand, Two Hundred Fifty-Six Dollars and Twenty-Five cent ($104,256.25). 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.
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.
Vendor Services Agreement(Rev.9.09.21) Page I of 13
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
4.2 Non-annronriation of Funds In the event no funds or insufficient Rinds 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 fiends 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.
S. 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 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 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
Vendor Services Agreement(Rev.9.07Z1) Page 2 of 13
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, consultants and
subcontractors.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 subcontractors. Vendor further agrees that notbing 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 subcontractor of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractor
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 subcontractor.
8. LIABILITY AND INDEMN]FUCATION
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALI, PROPERTY LOSS PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANYJUNO OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTEA'TIONAL MISCONDUCT OF VENDOR, ITS OFFICERS,AGENTS,
SERVANTS OR EMPLOYEES.
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8.2 GENERAL INDEMATFICATION-VENDOR HEREBYCOVEA'ANTSAND AGREES j
TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS i
AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND
OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTYDAMAGE OR 1
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VEA'DOR'S BUSINESS AND ANY
RESULTINGLOSTPROFITS)ANDIORPERSONAL INJURI,INCLUDINGDEATH,TOANYAND
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 i
documentation.So long as Vendor bears the cost and expense ofpaymentfor 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 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, i
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 ally 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
Vendor Services Agreement(Rev.9.07.21) Page 3 o£13
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,Burch 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. ASSIGNMENT AND SUBCONTRACTING
9.1 Assignment. Vendor shall not assign or subcontract any of its primary duties,obligations
or rights under ibis 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.
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9.2 Subcontract. If City grants consent to a subcontract for primary duties,such subcontractor i
shall execute a written agreement with Vendor referencing this Agreement under which subcontractor 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. I
10. INSURANCE.
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Insurance requirements are found on Exhibit D.
11. COMPLIANCE WITH LAWS,ORDINANCES.RULES AND REGULATIONS
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,subcontractors 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, SUBCONTRACTORS OR SUCCESSORS IN INTEREST,
VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY
AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Vendor Services Agreement(Rev.9.07.21) Page 4 of 13
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by electronic means with confirmation of the transmission,or(3)received by
the other party by United States Mail,registered,return receipt requested,addressed as follows:
[2200
CITY: To VENDOR:
ty of Fort Worth
}fl?aies.;t A'rtSlfQlrricades
tn:Dana Bur doff,Assistant City Manager
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T x g Y g e as Streetrt Worth,TX 76102-61lt4s 76140
Facsimile:(817)392-8654 ruusI?
a §nrirl
With copy to Fort Worth City Attorney's Office at
same address
14. SOLTCTTATTON 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.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.
B. 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 WATVER.
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.
Vendor Services Agreement(Rev.9.0221) Page 5 of 13
19. FORCE MAJEIIRE.
City and Vendor shall exercise their best efforts to rrrect their respective duties and obligations as
set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control,including,but not limited to:acts of the
public enemy,fires, strikes,lockouts,natural disasters, wars,sots,material or labor restrictions by any
governmental authority,and/or any other similar causes.
20. BE,EADIINCS 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. REVTEW 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 including its.
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 its Exhibits,contains the entire understanding and agreement between !
City and Vendor,their assigns and successors in interest,as to the matters contained herein.Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
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 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 1-9 forms and supporting eligibility
Vendor Services Agreement(Rev.9.07.2 q Page 6 of 13
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 IINDEMNIFY 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 1
balance due,or rights of retention thereto on the part of City. I
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute j
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 mast 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(fled 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. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL.
Vendor unless a sole proprietor,acknowledges that in accordance with Chapter 2271 of the Texas
Government Code,if Vendor has 10 or more full time-employees and the contract value is$100,000 or
more,the City is prohibited from entering into a contract with a company for goods or services unless the
Vendor Services Agreement(Rev.9.07.21) Page 7 of 13
contract contains a written verification from the company that it: (1)does not boycott Isnacl;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 if
Chapter 2271,Texas Government Code applies,Vendor:(1)does not boycott Israel;and(2)will not
boycott Israel during the term of the contract.
31. PROHIBITION OLBOYCOTTINL.ENERGY COMPANIES
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as
added by Acts 2021,87th Leg.,R.S.,S.B. 13,§2),the City is prohibited from entering into a contract for
goods or services that has a value of$100,000 or more,which will 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 dining the term of the contract. The terms "boycottt 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.
32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES
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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 which will 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective as of
the date subscribed by the City's Assistant City Manager("Effective Date").
(signature page and exhibits follow)
Vendor Services Agreement(Rev.9_07.21) Page 8 of 13
ACCEPTED AND AGREED:
CITY OF FORT WORTH: VENDOR:
T>�s ,13cag �
D 7,,Bur¢hdoff(De 9 20 iecsr) Site Partners,LLC dba Site Barricades
By; Name:Dana Burgdoff By: Name:Kathy Metzger
Title: Assistant City Manager Title: Office Manager
Date: Date: /®�/,v LQl�`O�o7
APPROVAL RE'C®MMENDED: 4014
Christopher i><ar er
By: Christopher Harder(Dec 7,2022 09:44 CST)
Name: Chris Harder
Title: Water Department
ATTEST: p of Foar° aa
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By: JannetteS.Goodall(DE9,2022 16:38 CST) pnnEXAa
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Name: Jannette Goodall
Title: City Secretary
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APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
/ responsible for the monitoring and administration of
By: D$lack(Dec8,202217:50 CST) this contract,including ensuring all performance and
Name: Doug Black reporting requirements.
Title: Sr.Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 22-0916 By: Z96 P96d
DATE:11/08/2022 Name:Regina Jones
1295:2022-944906 Title: Contract Compliance Specialist
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Vendor Services Agreenicm(Rev.9.07.21) Page 9 of 13
EXMBIT A
SCOPE CP 3 ERVACES
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Vendor Smiccs Agreement—Exhibit A(R—.9.07.21) Page 10 of 13
PAPT 2
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth(City)seeks bids to establish a non-exclusive annual agreement for
the rental of traffic barricade equipment for the Water Department on an"as needed"basis.
Prospective 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"/"Vendor."
1.2 This Agreement shall begin on the date the City Secretary Contract is executed by the
Assistant City Manager("Effective Date")and shall expire one year from that date,
("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial
Term").Upon the expiration of the Initial Term,the Agreement shall automatically 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 30 calendar days after providing written notification to
the Contractor/Vendor.
1.3 All traffic control devices shall conform to the current Manual on Uniform Traffic Control
Devices(MUTCD)specifications.
1.4 Unit prices shall include all costs associated with the specified work,including but not
limited to handling,delivery,fuel charges,fees and certifications fees.NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.5 Any specifications/requirements that have been omitted from this scope of service that are
clearly necessary or in conformance shall be considered a requirement although not
directly specified or called for in the scope of services.
1.6 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
2.0 TENTATIVE SCHEDULE OF EVENTS
TASK DATE
ITB Release Date August 23,2022
Pre-Bid Conference August 30,2022 at 10AM Local Time
Deadline for Questions September 2,2022 at 5PM Local Time
Answers Posted September 6 2022
ITB Responses Due Date September 15,2022 AT 1,30 p.m.
Local Time
Recommended Vendor Selection September 2022
Ma or and Council Consideration October 2022
Contract Execution November 2022
ITB 22-0206
Traffic Barricade Equipment Rental
Page 12 of 30
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP
3.1 The Vendor shall notify the City's Purchasing Manager,in writing,of a company name,
ownership,or address change for the purpose of maintaining updated City records.The
president of the company or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9,documents filed with the state indicating such
change,copy of the board of director's resolution approving the action,or an executed
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 Part 2,Section 5.0.
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
4.3.1.1 Will be evaluated using:Bid Solicitation
4.3.2 Contractor's Certifications&Experience—up to 20 points
4.3.2.1 Will be evaluated using:Document specified in 14.2.4 and Attachment E—
Bidder Qualification Questionnaire
4.3.3 Contractor's References—up to 15 points
4.3.3.1 Will be evaluated using:Attachment D—Reference Sheet
4.3.4 Contractor's approach to deliver and pick-up the equipment and the availability to
do so in the timeframe specified in Section 8.0—up to 25 points
4.3.4.1 Will be evaluated using:Attachment E—Bidder Qualification Questionnaire
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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.
4.3 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.
4.4 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
ITB 22-0206
Traffic Barricade Equipment Rental
Page 13 of 30
prescribed time can create emergency situations and impose unnecessary hardship on
both the City as a municipal corporation and the public at large.
4.5 If Attachment B.Consideration of Location of Bidder's Principal Place of Business,is
completed by any Bidder,the City will review the Attachment to determine whether Local
Preference will apply to the award.
4.6 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.
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/Specifications.
5.1.2 Have and operate a full-time,permanent business address with the ability to be
reached by email and telephone from 8:00am—5:00pm,Monday-Friday.
6.0 SERVICES PROVIDED BY THE CITY
6.1 The City shall create a traffic control plan,and provide It to the contractor with the Purchase
Order.If a traffic control plan is not provided by the City,the Contractor shall create one
and send it to the contact person listed on the Purchase Order for approval,prior to
delivery of the equipment.
7.0 TRAFFIC BARRICADE EQUIPMENT SPECIFICATIONS
7.1 Arrow Boards
7.1.1 Arrow boards shall be a Model WTSP55-LSA from Wanco or equivalent.
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7.2 Barrels
7.2.1 Material:High Density Polyethylene 1
7.2.2 Dimensions:Height:39.7 inches x Width:23.5 inches
7.2.3 Weight:8lbs.
7.2.4 Reflective Sheeting:High Intensity Prismatic Grade Sheeting;Width:4—6 inches
7.2.5 Barrels shall include tire ring base
7.3 Sign Stands
7.3.1 Small Flex Stands shall be a Model SS420A from Plasticade or equivalent
7.3.2 Large Flex Stands shall be a Model SS620A from Plasticade or equivalent
7.4 Signs
7.4.1 Signs shall have the proper labeling and color for the worldtraffic control it is being
utilized for as stated in the Manual on Uniform Traffic Control Devices(MUTCD). i
7.4.1.1 Small Signs
7.4.1.1.1 Signs shall be 24 inches x 24 inches minimum in size.
ITB 22-0206
Traffic Barricade Equipment Rental
Page 14 of 30
7.4.1.2 Large Signs
7.4.1.2.1 Signs shall be 36 inches x 36 inches minimum in size.
7.5 Type I,11&III Barricades
7.5.1 Type I&II Barricades
7.5.1.1 Plastic'A'Frame Type I and Type II Barricade Units or equivalent
7.5.1.2 Composition:Available in both low and high-density polyethylene
7.5.1.3 Color:Orange
7.5.2 Type III Barricades
7.5.2.1 Telespar Uprights/Feet: 14-gauge galvanized
7.5.2.2 Angle Iron Uprights/Feet: 12-gauge mill finish
7.5.2.3 Board Composition:High density polyethylene
7.5.2.4 Reflective sheeting:Available in Engineer,High Intensity,High Intensity
Prismatic,or Diamond Grades
7.5.2.5 Stripes:4 or 6 inches wide
7.5.2.6 Tire Ring:Inside diameter:22.5 inches
7.5.2.7 Weight:30 lbs.
7.5.2.8 Stenciling black as needed
7.6 Vertical Panels
7.6.1 Vertical Panels shall be Model 4100-36-EG Gemstone from Plaslicade or
equivalent.
7.6.2 Rubber base weight shall be 30 pounds and be included with the cost of the
vertical panel.
7.7 Two-Way Sign Toppers
7.7.1 Sign toppers shall be Model W6-4 and be able to be attached to the top of a
vertical panel.
7.7.2 Material:63 millimeters thick 3M Engineer Grade Reflective Aluminum or
equivalent.
7.7.3 Dimensions:Height:18 inches x Width:12 inches
7.8 Mobilization
7.8.1 Mobilization cost includes delivery,setup,and pick-up of traffic control devices.
7.8.2 Cost shall be assessed one per work order.
7.9 Subsidiary Items:
7.9.1 Traffic Control Plan
7.9.1,1 The traffic control plan shall be created by a licensed professional engineer
and stamped with their specific seal.
ITS 22-0206
Traffic Barricade Equipment Rental
Page 15 of 30
7.9.1.2 The traffic control plan shall be emailed to the contact on the purchase
order provided for approval,prior to the delivery and set-up of the traffic
control equipment,
7.9.1.3 Work associated with this item is considered subsidiary to the various item
bid.No separate payment will be allowed for this Item.
7.9.2 Emergency/After Hours Delivery and Pickup
7.9.2.1 Emergency/After-hours hours shall be 5:01 pm to 7:59 am,Monday
through Friday,and all-day Saturday and Sunday.
7.9.2.2 Work associated with this item is considered subsidiary to the various item
bid.No separate payment will be allowed for this Item.
8.0 DELIVERY AND PICKUP
8.1 Delivery and pick-up locations will be at various job site locations throughout the City of
Fort Worth,depending on where work is being performed by the requesting department.
The address to these locations will be provided by the requesting department at least 24-
hours in advance,when possible.
8.2 The contractor shall install the traffic control devices In compliance with an appropriate
MUTCD Typical Application or a site-specific traffic control plan. j
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8.3 The contractor shall insure that the site is maintained twice weekly in high traffic areas and t
once weekly in low traffic areas.This service must be provided at no additional cost to the
City.
8.4 The contractor shall respond to a request for emergency set up equipment within an hour of
the request.
8.5 The contractor shall pick up rental equipmentwithin two(2)hours of the request.The City will
not pay for any additional rental costs beyond when the contractor has been notified of pick
up.
8.6 Goods and materials shall be delivered between normal business hours:8:00 a.m.to 5:00
p.m.,Monday through Friday.Goods and materials shall be delivered during
emergency/after-hours hours from 5:00 p.m.to 7:30 a.m.,Monday through Friday,and all-
day Saturday and Sunday.
9.0 BRAND NAME OR EQUAL
9.1 Any manufacturer's names,trade names,brand names,information and/or catalog
numbers listed in this specification are for information and not intended to limit competition
unless otherwise indicated. Bidders may offer any brand for which he/she is an authorized
representative,which meets or exceeds the bid specification for any item(s).If bids are
based on equivalent products,indicate on the bid solicitation the manufacturer's product
name and reference number.
9.2 Bidders shall submit proposal,cuts,sketches,and descriptive literature,and/or complete
specifications.Reference to literature submitted with a previous bid will not satisfy this
provision.Bidders shall explain the reason(s)why the proposed equivalent will meet the
specifications and not be considered an exception thereto.Bids which do not comply with
ITB 22-0206
Traffic Barricade Equipment Rental
Page 16 of 30
these requirements are subject to rejection.[lids lacking any written indication of intent to
bid an alternate brand will be received and considered incomplete.
9.3 The Purchasing Manager or designee will evaluate"equal"products on the basis of
information furnished by the bidder or identified in the bid and reasonably available to the
Purchasing Manager.The Purchasing Manager or designee is not responsible for locating
or obtaining any information not identified in the offer.
9.4 Unless the bidder clearly indicates in its bid that the product being offered is an"equal"
product,the bidder shall provide the brand name product referenced in the bid.
9.5 The City shall have the sole right to determine equal products.
10.0 LAWS,REGULATIONS.AND ORDINANCES
10.1 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
Safely 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.
11.0 INVOICING REQUIREMENTS
11.1 The City of Fort Worth has begun implementing an automated invoicing system.
11.2 The Contractor shall send Invoices electronically to our centralized Accounts Payable
department invoice email address:agoplierinvoices(a fortworthtexas oov.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.
11.3 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)
11.4 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;
ITB 22-0206
Traffic Barricade Equipment Rental
Page 17 of 30
Invoice date;and
Invoices should be submitted after delivery of the goods or services.
11.5 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 cc 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: Z7_ FIN AcrouiitsPa!L/ablercDfortwortlitexas.gov.
11.6 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.
11.7 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 AccountSPavablelaDfortworthtexas gov
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11.8 Contractor shall not include Federal,State of City sales tax in its invoices.City shall furnish
a tax exemption certificate upon Vendor's request.
12.0 UNIT PRICE ADJUSTMENT
12.1 Vendor may request a Price Adjustment based on Price Adjustment Verification up to one
time Quarterly.Price Adjustment means an unplanned or unanticipated change,upward or
downward,from the established contract price that is supported by demonstrated Price
Adjustment Justification.A request for a Price Adjustment must be initiated by the Vendor.
Price Adjustments shall not be allowed more frequently than once Quarterly.It is within the
sole discretion of the City to determine whether an adjustment is necessary and/or
acceptable.
12.2 Quarterly means the City's Fiscal year quarters,being each of the three(3)month periods
the first of which begins October 1.Quarter(Q)1:October 1—December 31;Q2:Jan 1—
March 31;03P:April 1—June 30;04:July 1—September 30.
12.3 Price Adjustment Justification means documentation supporting a requested Price
Adjustment and showing an objectively verifiable basis for a change in price due to the
documented impact of economic conditions on labor,equipment,or materials.Examples of
possible Price Adjustment Justification include,but are not limited to,cost indexes,and/or
updated supplier price sheets.It is within the sole discretion of the City to determine
whether Price Adjustment Justification is sufficient and/or acceptable.
12.4 The Vendor must submit its Price Adjustment request,in writing,at least 60 days before the
effective period(1 st day of a new quarter).The Vendor must provide all Price Adjustment
Justification,as defined above,at the time of its request for a Price Adjustment.
12.5 If the City,in its sole discretion,concludes that the requested Price Adjustment is
unreasonable or not fully supported by adequate Price Adjustment Justification,the City
ITB 22-0206
Traffic Barricade Equipment Rental
Page 18 of 30
reserves the right to adjust the rate increase,or reject the requested Price Adjustment in its
entirety and allow the contract to expire at the end of the contract term.If the City elects not
to accept a requested Price Adjustment,the Purchasing Division may issue a new
solicitation.
12.6 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.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.
12.7 Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day
prior written notice to the Purchasing Manager.
12.8 Only Published price changes will be accepted.Prices that were in effect at the time of
order placement shall take precedence.
13.0 PERFORMANCE
13.1 Failure of the City to insist in any one or more instances upon performance of any of the
terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions,but the Vendor's
obligation with respect to such performance shall continue in full force and effect.
14.0 SUBCONTRACTING
14.1 No subcontracting of the work under this contract will be allowed without written permission
from the City.
15.0 HAZARDOUS CONDITIONS
15.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to any property.
15.2 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.
16.0 CONTRACT ADMINISTRATION AND TERMINATION
16.1 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.
16.2 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.
ITS 22-0206
Traffic Barricade Equipment Rental
Page IS of 30
16.3 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.
16.4 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.
17.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
17.1 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.
18.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
18.1 Vendor shall comply with all applicable standards,orders or regulations issued pursuant to j
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).
19.0 DEBARMENT AND SUSPENSION
19.1 Per Executive Orders 12549 and 12689,a contract award(see 2 CFR 180.220)shall not
be made to parties listed on the govemment-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.
20.0 BYRD ANTI-LOBBYING AMENDMENT(31 U.S.0 1352)
20.1 Firms that apply or bid for an award exceeding$100,000.00 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.
ITB 22-0206
Traffic Barricade Equipment Rental
Page 20 of 30
20.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their
bid,if the bid exceeds$100,000.00.
21.0 RIGHT TO AUDIT
21.1 Vendor agrees that City shall, until the expiration of three (3) years after final payment
under the Agreement,have access to and the right to examine any directly pertinent books,
documents,papers and records of Vendor involving transactions relating to the Agreement.
Vendor agrees that City shall have access during normal working hours to all necessary
Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
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ITB 22-0206
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EXHIBIT B
BRICG SCELDULE
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Vendor Services Agreement—Exhibit B(Rev.9.07.21) Page I of 13
MD SUBMSSM S�GNATURE PAGE
Event 1D Page Invited: PUBLIC EVENT DETAILS
Event Round Voision Submit To: City of Fort.Woiih
t I
Event Name MNANCIALMANAGEMENT SEWOES
P• r ca. FWANCE--i"Urcha$ing
Wan Tii»o rmish Time 200,T2kas Si.•{{Lower LAVel,South)
ih M 6102
ue L?�Q@;Da Foil V br
nn cnr�_.._. a�Ls 2ozz United States
Emali: fK4SPurchasfngResponses@fonwotlhiexas:goV
'rho undersigned,by his/her,signa(ure,represents that he/she Is subfWltlrtgg a binding offer and is authorized
to bind lift resppondent.to fUlly.comply with the sbllcitafoti document contained h6roin:7he:Resoondent,by
submitting atid.signing kielow,ack iowledges that helshe has received and read the enure docum6i, packet
therein.
section s deflhed above iricluding all dociitnents incorporated by roference;Acid agrees to be bound lIy tlto forms
therein.
Legal CompanyNarao, Jr�G f?PrS� LLC wot 9,,te 8ltrr;4,4*5
CompanyAddrass:_ lJf w ARa4lyi,d
Cfty,S1afe,:Zio:,.}�1f'r •Ldo2r: 1';1c ;7�/r/a
Vet}tlor:Registfati.¢n:Nc. . .
Pfiflted.:f. mej' f Qf(lcer of AulhoCi?ed;Re�[o.$entatiVe. .'►?i77�1 ,AA't �°P
Title: iG4 ap�a p/'
Signature of Offce or Auti}orized Representative; �^
Dbte: /rt3 i?4p
Eriiel(Addtese:.-
Phone Number:,
Federal Identification Number(Flb);
Will agreement be available for Cooperative.Agreement.0se"7 Yes. ✓ No ..
('See Section22.0,"Cooperative Purchasing"of Part 1,1ris(ructions")
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ITB 22-0206
Traffic Barricade Equipment Rental
Page 2 of 30
aPORI,worru"
_ 8110 Sell UTA M
Event:ID ago Invited: PUBLIC tV15NT btwLs
cetroi=z2-ozoe __ -(
l:vent'Raund ��'�—_ Vorsiorr •- � `-" " " '` "�
i Submft 1b: CIIY of Fort Warth
1
Event Name FINANCIAL MANAGEMENt.Sl RVfGES
- FINANCE-Purchasln TB 'Prri-flc tiaizloade F.au iprnont Iien Lnl 200-'f Xas St;(I;OWBr {Start Tlme PirtlsM Time M,8W.M
aeL.23/aoz2SD_Ra_4� n7, _...._----oo is 7o2z is ;oo c .Fort Werth TX 6102
_ Un(ted states
Email: FMSPurghasigcgF2as}tonsos,a(rllnHyvgrihteicas.gov
i
Lino: 1
;DeserinRort: Tate!
Renlsl ofArrd�H Board,Elec ric sjgn;
Self Gensrated,Wenco,or equivalent 2325A0 DA
-Brand Offorod;
:[:ipet 2
Oeacr pttonc.. _�( _Unit _ UrihPrico Ta t RentaloFBarfol,H!h Oonsll'pol'91n'tena --
g Y Y .Y i7oD.Do �-DA :
Lino. 3
Doserintldn: Qt4 Unit Uhtlprlco Yotai
_..�_.
Rental o(yerllgaL Penal,Plgsllcade or 02D26.0D DA.
equivalent
Brsn¢Otferod:
Item.ID:.: � 6:25 ... Z3,bbrq•2S
Gins;4
-besgtlnlion: Qtv Unit UnitPrlre Total:
Rental alSnrall Signs 15150.00 6A
Line 5 D, a25 :3,.77,
Destal.0i Largo
ar 9tY._,,. ,_... DA Unllprloa Total Rental otLargo8lgns -- ••-•-•-^-__.._,.,_.,,__......;�8000.00 -DA
Lille. 6
Des#phon:. unit UnitPrice_,
Rental of Urhall Flexstand Sign-Stand,�' - — --
ptasttCada ot;oqulvalanf Tatal25950.00 DA
`hfand,bkared:: � ,lj
Item'ID: �.
Unsi '7
Des'btlpflpn — _ Unll UnttPrice
Rental of Lerga.FlexsCend SEgrc Stands, _ Tdtal
Pldstloadg,bt.egUlVal6nt 2100.00 DA
l9.`z
Erraml Q(taiCiS:.. ,�•
ITB 22•D206
Traffic Barrloade Equipment Rental
BM SOLICITATM
-ffvont—ID Invited:
QL9W,2-22-0206___ PUBLIC EVENT DrETAILS
Event Round. n Submit To: C! of Fort Worth:
FINANCIAL MANAGEMENT SERVICES
FINANCE-Purchasi_A�rl Barildaft. Fcrb$pmenL LtA'rJtff_k-!...._ 2K.T6XOS St,(LoWd ToVel,South)
FlnishTinin
For-WorthTX7610�a AL2 0 '00- '2Z PQ.
.2 33 United-States
Ernall: Fmspurc6aefngResponsqs@r,ortwdrthte).t;qs.90Y
It
Line: 0
Doscrioll6n,
Total 4
menial 01 Type I 13arr Cade,Plastic'V Fromp UP Unl(PrIce
DA
FS Ei
Line; 9.
Ofiscriptl n.,
Ribn[M of Type 11 Wowalpatig,—Folding,Plasrjr Unit Total
wnw: 10.
De
IMP of Type &de '14700,00,
DA
Lind. 11
lot), Unit unitpriae Totet
Rental o[TWo,wa
YAfoll ToWer,—ModeFW-6-A 3A
E6 Inearing:Obda efiftlWAluT 9 wifturn,or4460.00 OA
eqp a nt.q 1v fe'
SraM bf(e
Ell
Llnei .12
Destrlo.tlan:
Unit 11MFPk1
-air setup,dii joist.Mbb)1IzAtIon cost 06cIT
and pick-UPol'trafficcontioll d .00 tA
Total DldAnioiffitf
ot-ZO
Items not listed above will be.offered at a discount ofi—.0—.4 oilthe Vendo?s Price List
(items ynqy ba 2dded:on an as needed basis throughout the fife of the soreemerti,ther.eforojAhe bidder-shall 61.1611111 a
all avallable items Wktholr bidsuittrIlial.) pricedisfildr
A bid of"64 wlil:be Interpreted by the city as a no;chargei groeptem and the My Wifl not expect to pay for that Item.A.bld of
"no.bid'or no response(space Ida.bIaft,k)vwll be irlfa�pret6d by the Clty that lheblfdroi.ddi8*fiofw1sK 6 bid on"Ifiat liairtt'.*
61,
advi spda"nqbId"6r.fiprOspo so may be consIdered.as non.rAsponslve qnd-may:resWVM, d1squalfficailon ofthis bid,
IT13 22-0206
Traffic Barricade Equipment Rental
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Vendor hereby agrees to provide City with independent audit basic financial statements,but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature 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 agreerneut or amendment with Vendor.Vendor will submit an
updated Form within ton(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 Forin that has been properly executed
by Vendor,
l. Name:I'<"!(ifGG"
Position: b ' �e e i? aotl9 e!"
Signature
2. Name:Seen
Position! I(G�'
Sign tUrV
3. Name: JegSeGt..aas/er
Position:Ot fiUJ*-
Signature
Name:
i
Signature of President/CFO
Other Title: ow4er
Date: 1a/ 4 7/--ZU2a
Vendor Services Agreement—Exhibit C(Re,,.9.07.21) Page 12 of 13
EXHffBI I'ID
INSURANCE
Vendor Services Agreement—Exhibit U(Rev:9.07.21) Page 13 of 13
City of Fort Worth,i e)cas
Mayor and Council Communication
DATE: 11/08/22 MRC FILE NUMBER: M&C 22-0916
LOG NAME: 13P ITB 22-0206 TRAFFIC BARRICADE EQUIPMENT RENTAL AW WATER
SUBJECT
(ALL)Authorize the Execution of Non-Exclusive Purchase Agreements with AWP,Inc.dba Area Wide Protective,Buyers Barricades,Inc.,and Site
Partners,LLC dba Site Barricades for the Rental of Traffic Barricade Equipment for the Water Department in a Combined Annual Amount Up to
$603,450.00 for the Initial Term and Authorize Four,One-Year Renewals in the Amount of$724,140.00 for the First Renewal,$868,968.00 for the
Second Renewal,$1,042,762.00 for the Third Renewal,and$1,251,314.00 for the Fourth Renewal
RECOMMENDATION
It is recommended that the City Council authorize the execution of non-exclusive purchase agreements with AWP,Inc.dba Area Wide Protective,
Buyers Barricades,Inc.,and Site Partners,LLC dba Site Barricades for the rental of traffic barricade equipment for the Water Department in a
combined annual amount up to$603,450.00 for the initial term and authorize four,one-year renewals in the amount of$724,140.00 for the first
renewal,$868,968.00 for the second renewal,$1,042,762,00 for the third renewal,and$1,251,314.00 for the fourth renewal.
DISCUSSION:
The Water Department approached the Purchasing Division for assistance with securing an agreement for the rental of traffic barricade equipment
to ensure the safety of worksites and road work crews throughout the City of Fort Worth.Purchasing issued an Invitation to Bid(ITB)that consisted
of detailed specifications regarding the requirements for the traffic barricade equipment,and delivery procedures.The ITB was advertised in
the Fort Worth Star-Telegram on August 25,2022,August 31,2022,September 7,2022,and September 14,2022.The City received j
four responses.However,upon evaluation,one bidder,Total Highway Maintenance,LLC did not score at least 50%or more of the total available
points for technical criteria and,therefore,were not qualified to receive pricing points.
An evaluation panel consisting of representatives from the Water and Transportation and Public Works Departments reviewed and scored the °
submittals using Best Value criteria.The individual scores were averaged for each of the criteria and the final scores are listed in the table below.
Bidders Evaluation Factors
i
❑ b ❑❑ at score
AWP,Inc.dba Area Wide Protective 12.00 7.50 11.67Fo
00 31:17
Buyers Barricades, 13.33 7.50 15.00 28.84 64.67
Inc, i
Site Partners,LLC ❑n75O
a❑
dba Site 10.00 14.17 40.00 71.67
Barricades
Bidder did not meet
Total Highway 1267 750 7.50 X technical points;
, .
Maintenance,LLC therefore,cost was not I
evaluated.
Best Value Criteria:
a. Contractors Certifications&Experience
b. Contractors References
c. Contractor's approach to deliver and pick-up the equipment and the availability to do so in the timeframe specified
d. Cost of service
After evaluation,the panel concluded that AWP,Inc.dba Area Wide Protective,Buyers Barricades,Inc.,and Site Partners,LLC dba Site
Barricades presented the best value for the City.Therefore,the panel recommends that Council authorize these agreements with AWP,Inc.dba
Area Wide Protective,Buyers Barricades,Inc.,and Site Partners,LLC dba Site Barricades.Based on the department's anticipated usage,staff
recommends multiple non-exclusive agreements be awarded to the listed vendors to ensure demands are met in a timely manner.Under these
non-exclusive agreements,the department will order services according to lowest cost and availability.Staff certifles that the recommended
vendors bid met specifications.
Therefore,it is recommended that Council authorize a total compensati Due to market volatility caused by supply chain disruptions,it may be necessary to increase the total compensation for each annual renewal Perm.
on increase for the renewal terms,if exercised,of 20%each year.The total
compensation for the initial term of the contracts shall not exceed$603,450.00,$724,140.00 for the first renewal,$868,968.00 for the second
renewal,$1.042,762.00 for the third renewal,and$1,251,314.00 for the fourth renewal.
Funding is budgeted in the Equipment Lease accounts in the Wastewater Warehouse and Water Warehouse Department's within the Water&
Sewer Fund.
DVIN-BE:A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE,in accordance with the Business
Equity Ordinance,because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible.
AGREEMENT TERMS:Upon City Council approval,this agreement shall begin upon execution and expire one year from that date.
RENEWAL TERMS:This agreement may be renewed for four additional,one-year terms.This action does not require specific City Council
approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER:An administrative change order or increase may be made by the City Manager up to the amount allowed by
relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated.
FISCAL INFORMATION/CERTIFICATION,
The Director of Finance certifies that upon approval of the recommendation,funds are available in the current operating budget,as appropriated,
in the Water and Sewer Fund.Prior to an expenditure being made,the Water Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by, Reginald Zeno 8517
Dana Burghdoff 8018
originating Business Unit Head- Reginald Zeno 8517
Christopher Harder 5020
Additional Information Contact Anthony Rousseau 8338
Alyssa Wilkerson 8357
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