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HomeMy WebLinkAboutContract 58720CSC No. 58720 VENDOR SERVICES AGREEMENT ART, Inc. dba Area Wide Protective 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 AWP, Inc. dba Area Wide Protective (Vendor), an Ohio Corporation, authorized to do business in Texas and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: This Agreement and supporting documents shall include the following: 1. 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 terms and conditions of this Agreement shall control. SCOPE OF SERVICES. The 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 under this 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, Twenty Thousand, Six Hundred and Ninety Dollars ($120,690.00). 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. 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.9.07.21) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 13 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 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 employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor Services Agreement (Rev.9.07.21) Page 2 of 13 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 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 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. S. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY - VENDOR SHALL BE LLIBLE 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 COVENANTSANDAGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMANDAGAINSTANYANDALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANYAND 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 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 Vendor Services Agreement (Rev.9.07.21) Page 3 of 13 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. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its primary 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 for primary duties, such subcontractor 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. 10. INSURANCE. 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: To CITY: To VENDOR: City of Fort Worth AWP, Inc. dba Area Wide Protective Attn: Dana Burgdoff, Assistant City Manager Anthony J. Amato, Director of Contracts 200 Texas Street 4244 Mt. Pleasant Street NW Fort Worth, TX 76102-6314 North Canton, Ohio 44720 Facsimile: (817) 392-8654 Phone Number: 216-401-7763 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. 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 MAJEURE. Vendor Services Agreement (Rev.9.07.21) Page 5 of 13 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: acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, 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 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 (1-9). Upon request by City, Vendor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Vendor Services Agreement (Rev.9.07.21) Page 6 of 13 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. 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 contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will Vendor Services Agreement (Rev.9.07.21) Page 7 of 13 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 ON BOYCOTTING ENERGY COMPANIES. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, 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 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. 32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date subscribed by the City's Assistant City Manager ("Effective Date"). (signature page and exhibits follow) Vendor Services Agreement (Rev.9.07.21) Page 8 of 13 ACCEPTED AND AGREED: CITY OF FORT WORTH: Ama Dana Burghdoff (Ja 12, 202 0 :42 CST) By: Name: Dana Burgdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: Christopher Hard (Jan 3, 202310:29 CST) Name: Chris Harder Title: Water Director aavvan 4� 0 4 ! FORt%o9 ATTEST: �o OV8 °=d P�Q*o daQo nEXa544p -ran &Pfe S. GOOGIGIII By: Jannette S. Goodall (Jan 13, 2023 09:52 CST) Name: Jannette Goodall Title: City Secretary APPROVED AS TO FORM AND LEGALITY 2'a D$lack (Jan 12, 2023 09:40 CST) Name: Doug Black Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0916 DATE: 11/08/2022 1295:2022-944857 1y/ W57�) - (�,, S. at= By: Name: thony J. Amato Title: Director of Contracts Date: 12/28/2022 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Re &a %6w Name: Regina Jones Title: Contract Compliance Specialist OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement (Rev.9.07.21) Page 9 of 13 SCOPE OF SERVICES Vendor Services Agreement — Exhibit A (Rev.9.07.21) Page 10 of 13 PART 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'T' 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 Au ust 23, 2022 Pre -Bid Conference Au ust 30, 2022 at 10AM Local Time Deadline for Questions Se tember 2, 2022 at 5PM Local Time Answers Posted Se tember 6, 2022 ITB Responses Due Date September 15, 2022 AT 1:30 p.m. Local Time Recommended Vendor Selection September 2022 Mayor 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 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. 7.2 Barrels 7.2.1 Material: High Density Polyethylene 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 work/traffic control it is being utilized for as stated in the Manual on Uniform Traffic Control Devices (MUTCD). 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, II & 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 Plasticade 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. ITB 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. 8.3 The contractor shall insure that the site is maintained twice weekly in high traffic areas and 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 equipment within 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. Bids 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 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. 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: supplierinvoices(aD-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. 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(a)fortworthtexas.aov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPayable(a.fortworthtexas.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 AccountsPayable(cDfortworthtexas.gov. 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; Q3P: April 1 — June 30; Q4: 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 (1s' 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. ITB 22-0206 Traffic Barricade Equipment Rental Page 19 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 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 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. 20.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 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. ITB 22-0206 Traffic Barricade Equipment Rental Page 21 of 30 EXHIBIT B PRICE SCHEDULE Vendor Services Agreement — Exhibit B (Rev.9.07.21) Page 11 of 13 FORT WORTH, _�_ BID SUBMISSION SIGNATURE PAGE Event ID Page CFW01-22-0206 2 Event Round Version 1 1 Event Name ITB Traffic Barricade Ecruipment Rental Start Time Finish Time 08 23 2022 08:00:00 CDT 09 15 2022 13:30:00 CDT Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 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: Company Address: 4244 Mt. Pleasant Street NW City, State, Zip: North Canton, Ohio 44720 Vendor Registration No. 60R9 Printed Name of Officer or Authorized Representative: Anthony J. Amato Title: Director of Contracts Signature of Officer or Authorized Representative: Date: Sentemhar 14 9099 Email Address:_ aamatono awptraffic.com Phone Number: 216-401-7763 Federal Identification Number (FID): 14-1 1das1-1 Will agreement be available for Cooperative Agreement use*? Yes No X (* See Section 22.0, "Cooperative Purchasing" of Part 1, "Instructions") ITB 22-0206 Traffic Barricade Equipment Rental Page 2 of 30 FORT WORTH. BID SOLICITATION Event ID Page CFWO1-22-0206 3 Event Round Version 1 1 Event Name ITB Traffic Barricade Equipment Rental Start Time Finish Time 08 23 2022 08:00:00 CDT 09 15 2022 13:30:00 CDT Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qty Unit UnitPrice Total Rental of Arrow Board, Electric Sign, Self -Generated, Wanco, or equivalent 2325.00 DA $16.00 $37,200.00 Brand Offered: Item ID: Line: 2 Description: Qty Unit UnitPrice Total Rental of Barrel, High Density Polyethylene 2700.00 DA $0.55 $1,485.00 Line: 3 Description: Qty Unit UnitPrice Total Rental of Vertical Panel, Plasticade or 92025.00 DA equivalent $0.55 $50,613.75 Brand Offered: Item ID: Line: 4 Description: ON Unit UnitPrice Total Rental of Small Signs 15150.00 DA $1.00 $15,150.00 Line: 5 Description: Qty Unit UnitPrice Total Rental of Large Signs 18000.00 DA $1.25 $22,500.00 Line: 6 Description: Qty Unit UnitPrice Total Rental of Small Flexstand Sign Stand, Plasticade, or equivalent 25950.00 DA $1.00 $25,950.00 Brand Offered Item ID: Line: 7 Description: Qtv Unit UnitPrice Total Rental of Large Flexstand Sign Stands, Plasticade, or equivalent 2100.00 DA $1.40 F $2,940.00 Brand Offered: Item ID: ITB 22-0206 Traffic Barricade Equipment Rental Page 3 of 30 Foxs BID SOLICITATION EventlD Page CFW01-22-0206 4 Event Round Version 1 1 Event Name ITB Traffic Barricade Equipment Rental Start Time Finish Time 08 23 2022 08,00.00 CDT 09 15 2022 13:30:00 CDT Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 8 Description: Qty Unit UnitPrice Total Rental of Type I Barricade, Plastic "A" Frame 225.00 DA $0.55 $123.75 Line: 9 Description: Qty Unit UnitPrice Total Rental of Type II Barricade, Folding, Plastic 1800.00 DA "A" Frame $0.55 $990.00 Line: 10 Description: Qty Unit UnitPrice Total Rental of Type III Barricade 14700.00 DA $1.50 $22,050.00 Line: 11 Description: Qty Unit UnitPrice Total Rental of Two-way Sign Topper, Model W6-4, 3M Engineering Grade Reflective Aluminum, or 4050.00 DA equivalent $0.75 Brand Offered: $3,037.50 Item ID: Line: 12 Description: Qtv Unit UnitPrice Total Mobilization cost (includes delivery, setup, 100.00 EA and pick-up of traffic control devices) $1,300.00 $130,000.00 Total Bid Amount: $312,040.00 Items not listed above will be offered at a discount of 0 % off the Vendor's Price List (Items may be added on an as needed basis throughout the life of the agreement, therefore, the bidder shall submit a price list for all available items with their bid submittal.) 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 22-0206 Traffic Barricade Equipment Rental Page 4 of 30 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. ITB 22-0206 Traffic Barricade Equipment Rental Page 22 of 30 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 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: Anthony J. Amato Position: Director of Contracts Signature 2. Name: Matthew Hunt Position: Chief Legal Officer Signature Name: Robert Sehnert Position: President Signature Name: Anthony J. Amato Signature of Pr sid nt / CEO Other Title: Director of Contracts Date: 12/28/2022 Vendor Services Agreement — Exhibit C (Rev.9.07.21) Page 12 of 13 EXHIBIT D INSURANCE Vendor Services Agreement —Exhibit D (Rev.9.07.21) Page 13 of 13 City of Fort Worth, Texas Mayor and Council Communication DATE: 11/08/22 M&C 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 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 a nb Fc d Total score AWP, Inc. dba Area Wide Protective 12.00 7.50 11.67FO00 31.17 Buyers Barricades, Inc. 13.33 7.50 15.00 28.84 64.67 Site Partners, LLC dba Site EE 14.17 40.00 71.67 Barricades Bidder did not meet Total Highway HE 7.50 X technical points; Maintenance, LLC therefore, cost was not evaluated. Best Value Criteria: a. Contractor's Certifications & Experience b. Contractor's 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 certifies that the recommended vendors bid met specifications. Due to market volatility caused by supply chain disruptions, it may be necessary to increase the total compensation for each annual renewal term. Therefore, it is recommended that Council authorize a total compensation 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 Originating Business Unit Head: Additional Information Contact: Dana Burghdoff Reginald Zeno 8517 8018 8517 Christopher Harder 5020 Anthony Rousseau 8338 Alyssa Wilkerson 8357