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Contract 59592
CSC No. 59592 FORT WORTH: 4* ATTACHMENT E-VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through, its duly authorized Assistant City Manager, and Real Estate Restoration & Construction, Inc. ("Vendor"), a Texas Corporation, and acting by and through Robert Todd Price, its duly authorized President , each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A — Price Schedule; and 3. Exhibit B — Verification of Signature Authority Form. Exhibits A and B, 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 or B and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. Vendor shall provide services for painting of roadway fixtures. Exhibit "A," - attached hereto and incorporated herein for all purposes. 2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below ("Effective Date") and shall expire one year ("Expiration Date") after completion of the Services, unless terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to Four (4) renewal options, at City's sole discretion. 3. Compensation. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit "A," — Price Schedule. Total payment made under this Agreement for the first year by City shall be in an amount up to Four Hundred Thirty -Seven Thousand Dollars ($437,000.00). Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three 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. Indeuendent Contractor. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors and sub -vendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and Subvendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees or Subvendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or Subvendor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or Subvendor. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION -VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE 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 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. Assignment and Subcontracting. 9.1 Assi2n ment. Vendor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to City to evidence coverage. 10.2 General Reauirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules and 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. 11.1 Federal Compliance: Vendor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, domestic preference and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Vendor shall notify each potential subcontractor or supplier of the Vendor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; (g) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (h) applicable provisions of the Davis -Bacon Act under 40 USC § 3141 — 3148, and the Contract Work Hours and Safety Standards Act under 40 USC § 3701 — 3708; (i) applicable provisions of the Rights to Invention Made Under Contract or Agreement Act under 37 CFR Part 401; 0) applicable provisions of the Clean Air Act under 42 USC § 7401 — 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251-1387, and the Energy Policy Conservation Act under 42 USC § 6201; (k) compliance with all Buy America requirements under 23 USC 313 and 23 CFR 635.410, which require a domestic manufacturing process for any steel or iron products; (1) Compliance with Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment under 2 CFR §200.216 and §200.471; (m) compliance with federal assistance programs under Executive Order 12549, Debarment and Suspension, which prohibit participation of debarred or suspended or otherwise excluded from or ineligible vendor or its suppliers using federal funds; (n) compliance with federal restriction on lobbying expenditures under 2 CFR 200 clauses: (o) consistent with Domestic preferences for procurements under 2 CFR §200.322, which provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States as appropriate and to the greatest extent practicable. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, Subvendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORS OR SUCCESSORS IN s INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Attn: William Johnson, Assistant City Manager Real Estate Restoration and Construction, Inc. 200 Texas Street Robert Todd Price, President Fort Worth, TX 76102-6314 3701 Fairway Drive Facsimile: (817) 392-8654 Granbury, TX 76049 With copy to Fort Worth City Attorney's Office at Facsimile: NA same address 14. Solicitation of Em0ovees. 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 Maieure. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. Warranty of Services. Vendor warrants that its services will be of a high quality and 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 Nationalitv Act. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28. Signature Authoritv. 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 Comuanv Name or Ownership. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. (signature page follows) ACCEPTED AND AGREED: CITY OF FORT WORTH: BY: William J.h.... (Jut 12, 202313:50 CDT) Name: William Johnson Title: Assistant City Manager Date: APPROVAL RECOMMENDED: A By: Lauren Prieur (Jun 9, 202309:51 CDT) Name: Lauren Prieur Title: Director, Transportation & Public Works Department ATTEST: By: Qom, ,t, Rs Q Name: Jannette Goodall Title: City Secretary VENDOR: gdgp444n qpF FORr �aa psi ° °°° °'-- 0 pd pro °.Id PV8 o O�Q*o°° o i� da�Il nEaAS°Qpp Real Estate Restoration and Co truction, Inc. By: Poble"r�to � Name: Price Title: President Date: 6122%Z 3. 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. r. By: Aziz Rahi (Jun 5,202313:30 CDT) Name: Aziz Rahman Title: Engineering Manager, Transportation & Public Works Department APPROVED AS TO FORM AND LEGALITY: By: Name: Jeremy Anato-Mensah Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0299 Form 1295: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 10 EXHIBIT A PRICE SCHEDULE FORTWORTH. e 2 of 34 BID SUBMISSION SIGNATURE PAGE Pag Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-23-0024 2 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB 11aintin4 of Roadway Fixtures 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 01/31/2023 15:00:00 CST 02/23/2023 13:30:00 CST 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 tharain Legal Company Name: Ogg , l�S� Lam— VCX�� �� 1 G w Company Address: � � '� PY-i (--IV 1, City, State, Zip: �c�-�S:I ticVvLE� Vendor Registration No: 06 0,--460 -;7_ 2 l� Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Z�7�i:�"a) nn Email Address: Phone Number: Federal Identification Number (FID): Will agreement be available for Cooperative Agreement use*? Yes No (* See Section 22.0, "Cooperative Purchasing" of Part 1, "Instructions' F6 n/ �Ce ITB 23-0024 Painting of Roadway Fixtures 12 Page 2 of 34 FORT WORTH.. Page 3 of 34 PRICE SUBMITTAL Event ID Page Invited: PUBLIC EVENT DETAILS CFWO1-23-0024 3 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name J FINANCE - City Hall Purchasing ITB Paintinc, of Roadwav Fixtures 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 01/31/2023 15:00:00 CST 02/23/2023 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qtv Unit UnitPrice Total Street light poles, Residential street light 1.00 EA pole, Line: 2 Description: Qtv Unit UnitPrice Total Street Light Pole,Paint and Labor, 400.00 EA Residential 25 ft, Luminarie Arm ranging 4 ft to 8 ft Line: 3 Description: Qtv Unit UnitPrice Total Traffic Light Pole, Paint and Labor, Post Top 30.00 EA Line: 4 Description: Qtv Unit UnitPrice Total Street Light, Pole, Paint and Labor, Post Top 25.00 EA 14 ft including fixture Line: 5 Description: Qtv Unit UnitPrice Total Street Light Pole, Paint and Labor, 300.00 EA Residential Second Finish Coat, 25 ft Street Q *4 Light Pole including arm and/or Fixture Line: 6 `� � / 5-0 1 Description: Qty Unit UnitPrice Total Traffic Light Pole, Paint and Labor, Second 400.00 EA Finish Coat, 10 ft Street Light Pole _ `Z,61000 l� Line: 7 Description: Qtv Unit UnitPrice Total Traffic Light Pole, Paint and Labor, Second 50.00 EA Finish at, 14 ft Street Light Pole Including Fixture q 44 �n Line: 8 Description: Qtv Unit UnitPrice Total Street Light Pole, Paint and Labor, 40 ft 90.00 EA Arterial Street Light Pole with Luminaire Arm(s) Ranging from 8 ft to 16 ft J� ITB 23-0024 Painting of Roadway Fixtures 13 Page 3 of 34 FORT WORTH., Page 4 of 34 PRICE SUBMITTAL Event ID Page Invited: PUBLIC EVENT DETAILS CFW11-23-0024 4 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB Painting of Roadway Fixtures J 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 01/31/2023 15:00:00 CST 02/23/2023 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qtv Unit UnitPrice Total Street Light Pole, Paint and Labor, Second 45.00 EA Finish Coat, 40 ft arterial Street Light Pole Including Arm � Line: 10 Description: Qtv Unit UnitPrice Total Street Light Pole, Paint and Labor, Type 42 40.00 EA Traffic Signal Pole, 21 ft with Mast Arm Ranging 16 ft to 36 ft j ,r- Line: 11 Description: Qtv Unit UnitPrice Total Traffic Signal Pole, Paint and Labor, Type 41 Traffic Signal Pole 27-1/2 ft with 8 ft 40.00 EA Luminaire Arm, Mast Arm ranging from 16 ft to 36ft Line: 12 Description: Qtv Unit UnitPrice Total Traffic Signal Pole, Paint and Labor, Type 44 40.00 EA Traffic Signal Pole21 ft, Mast Arm Ranging from 40 ft to 48 ft Line: 13 Description: Qtv Unit UnitPrice Total Traffic Signal Pole, Paint and Labor, Type 43 50.00 EA Traffic Signal Pole 27-1/2 ft, 8 ft Luminaire Arm, Mast Arm Ranging from 40 ft to 48 ft Line: 14 Description: Qtv Unit UnitPrice Total Traffic Signal Pole, Paint and Labor, Type 46 10.00 EA Traffic Signal Pole 21 ft, Mast Arm Ranging from 50 ft to 60 ft Line: 15 Description: Qtv Unit UnitPrice Total Traffic Signal Pole, Paint and Labor, Type 45 10.00 EA Traffic Signal Pole 27-1/2 ft, 8 ft LuminaireG Arm, Mast Arm Ranging from 50 ft to 60 ft r g I Line: 16 Description: Qtv Unit UnitPrice Total Traffic Signal Pole, Paint and Labor, Second 20.00 EA Finish Coat, Type 42 Traffic Signal Pole 21 ft, Mast Arm Ranging from 16 ft to 36 ft c� 7 ITB 23-0024 Painting of Roadway Fixtures Page 4 of 34 14 FORT WORTH., Page 5 of 34 PRICE SUBMITTAL Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-23-0024 5 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB Painting of Roadway Fixtures 1 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 O1/31/2023 15:00:00 CST 02/23/2023 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 17 Description: Qtv Unit UnitPrice Total Traffic Signal Pole, Paint and Labor, Second Finish Coat, Type 41 Traffic Signal Pole 20.00 EA 27-1/2 ft, 8 ft Luminaire Arm, Mast Arm Ranging from 16 ft to 36 ft Line: 18 L Description: Qtv Unit UnitPrice Total Traffic Signal Pole, Paint and Labor, Second 30.00 EA Finish Coat, Type 44 Traffic Signal Pole 21 ft, Mast Arm Ranging from 40 ft to 48 ft Line: 19 Description: Qtv Unit UnitPrice Total Traffic Signal Pole, Paint and Labor, second Coat, Type 43 Traffic Signal Pole 27-1/2 ft, 20.00 EA 8 ft Luminaire Arm, Mast Arm Ranging from 40 ft to 48 ft Line: 20 Description: Qtv Unit UnitPrice Total Traffic Signal Pole, Paint and Labor, Second 20.00 EA Finish Coat, Type 46 Traffic Signal Pole 21 _ ft, Mast Arm Ranging from 50 ft to 60 ft j 4� a Q Line: 21 Description: Qtv Unit UnitPrice Total Traffic Signal Pole, Paint and Labor, Second Finish Coat, Type 45 Traffic Signal Pole 20.00 EA 27-1/2 ft, 8 ft Luminaire Arm, Mast Arm `� i I rf % Ranging from 50 ft to 60 ft Line: 22 Description: Qtv Unit UnitPrice Total Signal Head, Paint and Labor, Pedestrian 20.00 EA Signal Head, Federal Yellow 12� _ Line: 23 Description: Qtv Unit UnitPrice Total Pedestrian Signal Pole, Paint and Labor, 20.00 EA Pedestrian Signal Pole, 4 ft to 10 ft Line: 24 Description: Qtv Unit UnitPrice Total Pedestrian Signal Pole, Paint and Labor, 10.00 EA Pedestrian Signal Pole 11 ft to 20 ft ITB 23-0024 Painting of Roadway Fixtures 15 Page 5 of 34 FORT WORTH.; Page 6 of 34 PRICE SUBMITTAL EventlD Page CFW01-23-0024 6 Event Round Version 1 1 Event Name ITB Painting of Roadway Fixtures Start Time Finish Time 01/31/2023 15:00:00 CST 02/23/2023 13:30:00 CST Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 25 Description: Qtv Unit UnitPrice Total Pedestrian Signal Pole, Paint and Labor, 20.00 EA Traffic Signal Federal per Unit I{ �IVV Line: 26 Description: Qtv Unit UnitPrice Total Traffic Sign Post, Paint and Labor, Traffic 2.00 EA Sign Post, Including Blank Side of Sign l/ Line: 27 Description: Qtv Unit UnitPrice Total Street Use Permit 2.00 EA Line: 28 Description: Qtv Unit UnitPrice Total Traffic Control, Portable Message Sign 8.00 EA Total Bid Amount: H /Z ` 060 1 1 ITB 23-0024 Painting of Roadway Fixtures 1✓ Page 6 of 34 16 Page 28 of 34 ATTACHMENT -B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. ����,Do you have a Fort Worth office? If yes, identify address: tC - b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] 2. Economic Development opportunities resulting from contract. Number of Fort Worth resident -employees? Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by company (for prior tax year — Fort Worth office or former location, if Fort Worth office is newly - established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. ` co C ( o ny e) (Si nature) Date) boo 2�c� PAS �� � 1 (Printed Name and Title) ITB 23-0024 Painting of Roadway Fixtures Page 28 of 34 Page 29 of 34 ATTACHMENT C - VENDOR CONTACT INFORMATION Vendor's Name: ��4'lS''�%�tI�S� C4ic(\/, Vendor's Local Address: Phone: /����C� eo - �.s �4�� Fax: Email: Name of persons to contactrn reque ng services orbNPES g questions: Name/Title ��.� (� C CPO V��O� 1 Phone: (Q 1-47 ' q eZ - �, � Faxx:1 Email T--P �P, 1 � Co7�QL ' P �41 Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Will your company accept P-card payments? yes no Signa�& Printed Name Date JPQ 7 76_01 91 . Z/.,rc3 123 ITB 23-0024 Painting of Roadway Fixtures 18 Page 29 of 34 Page 30 of 34 ATTACHMENT D REFERENCE SHEET Please complete and return this form with your bid. The Vendor shall furnish references for at least three (3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. Company's NameXrC� Name of Contact Title of Contact Present Address j ein/--71 City, State, Zip Code��Gr✓til TA Telephone Number (�9r� Fax Number Email 174r���' O) Tf), Yf tiJ�6c���ifr./l/� . C'�VW 2. Company's Name Name of Contact Title of Contact �`,����`V✓�i� Present Address City, State, Zip Code /!0�Z- Telephone Number (` (((_�` )� Fax Number Email,p,� -�-� ��� ® e� Company's Name G)'�i ©F F)-, (,c}of`�(— /� Lf L ' �s�iv► . Name of Contact ' Title of Contact Present Address City, State, Zip Coder. 7X� [I� Telephone Number (�) -3c-1 Z, - Apo Fax Number Email /�/f',-}���,f�• �+O2lbil� �Y �-GTCr)OC-SzL+ ITB 23-0024 Painting of Roadway Fixtures 19 Page 30 of 34 City of Fort Worth ATTACHMENT 1A FORT WORTH Business Equity Utilization Form Page 1 of Disadvantaqed Business Enterprise Utilization Form (Applicable if Federally -Funded) PRIME/OFFEROR/OWNER COMPANY NAME: �5\ (_&5_A0_04q1V PROJECT NAME: _ PROJECT NUMBER: BID DATE: I Cit 's Business Equity Goal: Offeror's Business Equity (or DBE) (I � �( 7 ^ (��?L � 2� 2� l2'� (Check if addressing DBE Goal) 1 S % Commitment: I Check all applicable boxes to describe ❑ Not Certified MBE WBE Prime/Offeror/Owner's Classification: Certifying Agency: ❑NCTRCA []D/FW MSDC FJTX DOT F_]WBCS Ethnicity: ❑African American Hispanic Caucasian Asian DBE HUB Other: EIVOSB 11 Section 3 Native American Gender: ❑Male Female1-1 Non -Binary Definitions: Business Equity Firm: Certified MBE Minority Business Enterprise or WBE Women Business Enterprise DBE: Disadvantaged Business Enterprise HUB: Historically Under Utilized Business VOSB: Veteran Owned Small Business Section 3: Certified Housing Urban Development Vendors ALL BUSINESS EQUITY FIRMS MUST BE CERTIFIED BEFORE CONTRACT AWARD Failure to complete this form, in its entirety, and received by the Purchasing Division no later than 2:00 p.m. on the third City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. Exception: CFA, ICA, and CDBG proiects, documents will be submitted to the Citv Proiect Manaqer if publicly bid or to the Developer if privately bid. The undersigned Prime/Offeror agrees to enter into a formal agreement with the Business Equity firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth (Exception: Developer oroiects). The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications. Business Equity firms listed toward meeting the project goal must be located in the City's marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. The marketplace is the Citv of Fort Worth includina portions of Denton. Parker. Wise. and all of Tarrant. Dallas. and Johnson counties. Certified means those Business Equity Firms, located within the Marketplace, that have been determined to be a bona -fide minority or women business enterprise by the North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and Women's Business Council -Southwest (WBCS). If hauling services are utilized, the Prime/Offeror will be given credit as long as the Business Equity firm listed owns and operates at least one fully licensed and operational truck to be used on the contract. The Business Equity firms may lease trucks from another Business Equity firm, including Business Equity owner -operated, and receive full Business Equity credit. The Business Equity firm may lease trucks from non -Business Equity firms, including owner -operated, but will only receive credit for the fees and commissions earned by the Business Equity as outlined in the lease agreement. N Federally -funded Projects (ONLY), Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, the Prime/Offeror is responsible to identify the amounts to be used toward the committed DBE goal. Note: For DBE Goals, 60% of the services count towards the goal. P% 10 Effective 01/01/2021 N FORT WORTH ATTACHMENT 1A Business Equity Utilization Form Page 2 of 4 Please note that only certified Business Equity firms will be counted to meet the Business Equity goal. Prime/Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Business Equity firms and non -Business Equity firms. Prime/Offerors must identify by tier level all subcontractors/suppliers. Tier: means the level of subcontracting below the Prime/Offeror i.e. a direct payment from the Prime/Offeror to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2nd tier. Business Equity firms are to be listed before non -Business Equity firms. The Prime/Offeror is responsible to provide proof of payment of all tiered sub-contractors/suppliers identified as a Business Equity firm and counting those dollars towards meeting the contract committed goal. Certified Business Equity Prime/Offeror Contractors counting their self -performance towards meeting the contract goal, must be certified within those NAICS commodity codes with a certifying agency acceptable by the City of Fort Worth. Certified Business Equity Prime/Offeror counting self -performing services towards the goal, the service(s) to be performed should be listed first on the Utilization form. Check this box❑if certified Prime Contractor services will be counting towards the Business Equity contracting goal. Please list services first below. Please list certified Business Equitv firm names as listed on their certification, including DBA names. NAMES AND ADDRESSES OF CONTRACTORS/SUPPLIERS TYPE OF SERVICES/SUPPLIES PROVIDED (NAICS Required) Specify Tier Certification Agency Name 1st Tier Gender and Ethnicity: Business Name: Type of Service/Supplies: Certified By: ❑ Male ❑ Female ❑ Non -Binary Address: ❑D/FW MSDC ❑African American ❑Hispanic ❑NCTRCA Phone: NAICS Code: ❑TXDOT ❑WBCS ❑ Asian Email: ❑Other: ❑Caucasian ❑ Native Contact Person: $ AMOUNT: American Business Name: Type of Service/Supplies: Certified By: ❑ Male ❑ Female ❑ Non -Binary ❑DFW MSDC Address: ❑NCTRCA ❑African American ❑ Hispanic Phone: NAICS Code: ❑TXDOT ❑WBCS ❑Asian Email: ❑Other: ❑ Caucasian ❑ Native Contact Person: $ AMOUNT: American Business Name: Type of Service/Supplies: Certified By: ❑ Male ❑ Female ❑ Non -Binary Address: ❑DFW MSDC ❑NCTRCA African American ❑ Hispanic ❑ Phone: NAICS Code: ❑ TXDOT ❑WBCS Asian Email: ❑Other: ❑ Caucasian ❑ Native Contact Person: $ AMOUNT: American \ \\ Effective 01/01/2021 Updated 03/24/2022 FORT WORTH Business Equity Utilization Form Please include multiple copies of this page if needed to list all contractors and suppliers. NAMES AND ADDRESSES OF CONTRACTORS/SUPPLIERS Business Name: Address: Phone: Email: Contact Person: Business Name: Address: Phone: Email: Contact Person: Business Name: Address: Phone: Email: Contact Person: Business Name: Address: Phone: Email: N Contact Person: N TYPE OF SERVICES/SUPPLIES Specify Tier PROVIDED (NAICS Required) Name 1st Tier Type of Service/Supplies: NAICS Code: $ AMOUNT: Type of Service/Supplies: NAICS Code: $ AMOUNT: Type of Service/Supplies: NAICS Code: $ AMOUNT: Certification Agency ATTACHMENT1A Page 3 of 4 Gender and Ethnicity: Certified By: ❑ Male ❑ Female ❑ Non -Binary ❑D/FW MSDC ❑African American ❑ Hispanic ❑NCTRCA ❑TXDOT ❑WBCS ❑Asian ❑Other: ❑Caucasian ❑Native American Certified By: ❑ Male ❑Female ❑Non -Binary ❑DFW MSDC ❑African American ❑Hispanic ❑NCTRCA ❑TXDOT ❑WBCS ❑Asian ::]Other: ❑ Caucasian ❑ Native American Certified By: ❑Male ❑Female ❑Non -Binary ❑DFW MSDC ❑ ❑NCTRCA African American ❑Hispanic ❑TXDOT ❑WBCS ❑Asian ❑ Other: ❑ Caucasian ❑ Native American Type of Service/Supplies: Certified By: []Male ❑Female ❑Non -Binary ❑DFW MSDC ❑❑NCTRCA African American NAICS Code: ❑TXDOT ❑WBCS ❑Asian ❑Hispanic ]Other: ❑ Caucasian ❑ Native $ AMOUNT: American Effective 01/01/2021 Updated 03/24/2022 FORT WORTH Business Equity Utilization Form Total Dollar Amount of Certified Prime/Offeror Services towards contract goal $ Total Dollar Amount of Business Equity (or DBE if applicable) Subcontractors/Suppliers $ Total Dollar Amount of Non -Business Equity Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF CERTIFIED PRIME/ALL SUBCONTRACTORS/SUPPLIERS $ ATTACHMENT1A Page 4 of 4 The Prime/Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Business Equity Division through the submittal of a Request for Approval of Change/Addition online. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The Prime/Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed Business Equity goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including non -Business Equity firms. The Prime/Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Prime/Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. A Prime/Offerer who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. A orize�i Signature �; hit Title % n ao'l Companylaam WAddress -�6 City/State/Zip Cone Department of Diversity and Inclusion - Business Equity Division Email: DVIN—BEOffice@fortworthtexas.gov Printed Signature Contact Name and Title (if different- Phone Number Email Address 7l �2 Date Effective 01/01/2021 Updated 03/24/2022 I Page 33 of 34 ATTACHMENT G — VENDOR QUALIFICATION QUESTIONNAIRE . The information provided on this questionnaire and in the bid submittal will be used to evaluate your bid. Please answer each question thoroughly. Answers may be provided on a separate sheet as long as each ,response is labeled according to the question. 1. How many years has your organization been in business under its present name? a. List anyformer names your organization has operated under and the timeframe(s). 2. Please provide a list of your firm's equipment to perform painting of light poles, masts, and signals. qf, Z*7` eh�lo4v PI&Vjote- 3. Describe the painting process you will use to ensure that the needs of the City will be met. 4:��A P—ki,M-Ey� AiJ 1��o A, T(�� 6 4- 0��&7 r SI C, 6� 4 'iUF (�%2 � i` I e; 7 I-AJ n � r ' 1) 4. What is the Project Manager's experience with similar pro ects? 5. Doe"your ersonnel work in teams? A =` How many personnel per team? ' 6. Once your firm receives a Purchase Order, what is the turnaround time to begin work? 7. D` o�all of the products you offer meet the specifications listed in Section 6.0? If not, please explain. 8. Does your firm have a minimum of (3) years of experience providing painting services? X I .P, I I Na ITB 23-0024 Painting of Roadway Fixtures 24 Page 33 of 34 Page 34 of 34 ATTACHMENT H DOCUMENTATION CHECKLIST Refer to Part 1, Section 14.2 for more information on the below required documents. Required Documents Document Attached? Pgae NumberW of Bid Resoonse Yes/No *Bidder will need to number their bid response in ink* A completed and signed Bid Submission Signature Page A completed Price Submittal Evidence duly qualified to fulfill and abide by the requirements listed in the bid. Bidder's background, number of years in business. Attachment A - Conflict of Interest Questionnaire Attachment B - A completed Consideration of Location of Bidder's Principal Place of Business (if applicable) Attachment C - A completed and signed Vendor Contact Information Attachment D — Reference Sheet Attachment F - Business Equity Firm Utilization Requirements Attachment G - A completed Vendor's Qualification Questionnaire Any addendums sent out after the release of the bid Scanned Copy of all required documents *4 ITB 23-0024 Painting of Roadway Fixtures Page 34 of 34 L 1- 1 � Separate USB Drive with password included if necessary ADDENDUM TO INVITATION TO BID 23-0024 PAINTING OF ROADWAY FIXTURES PURCHASING DIVISION ADDENDUM NO. 2 INVITATION TO BID (ITB): 23-0024 BID OPENING DATE: March 2, 2023 (UNCHANGED) DATE ISSUED: February 20, 2023 ITB No. 23-0024, issued February 1, 2023, is hereby amended as follows: 1. Questions and Answers document is hereby incorporated, in full text, page 2. All other terms and conditions remain unchanged. 6411x�&*' 'Boon. Charles Benson BUYER .B.y..he .s.ign.a.tu.r.e.affxed be.low, .A.d.d.e.n.dum .N.o.. .2 .is.......................................... hereby incorporated into and made part of the above referenced RFP. COMPANY NAME:t' Tlli r c7N G� G�oN�GQcJGi lJ4Jl�, (1ja,�G SIGNATURE: NOTE: Company n me and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. i 26 Questions and Answers Q1. Do you know how much the bond is for and what type of bond it needs to be? Al. A $25,000.00 Parkway Contractors Bond with Power-of-attomey documentation would be required in the event that a street use permit is to be obtained if you are blocking the right of way in order to paint the roadway fixtures. If you do not need to block or obstruct the right of way at any point of the project then a permit or bond would not be needed. ITB 23-0024 Painting of Roadway Fixtures Addendum No. 2, Page 2 of 2 1 27 FORT"I*WORTH, i ADDENDUM TO INVITATION TO BID 23-0024 PAINTING OF ROADWAY FIXTURES PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: February 17, 2023 INVITATION TO BID (ITB): 23-0024 REVISED BID OPENING DATE: March 2, 2023 (CHANGED) ITB No. 23-0024, issued February 1, 2023, is hereby amended as follows: 1. ITB opening date changed to March 2, 2023 at 1:30PM All other terms and conditions remain unchanged. Charles Benson BUYER ............................................................................... By the signature affixed below, Addendum No. 1 is hereby incorporated into and made partof the above referenced RFP. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. 2 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the low by H.B. 23, 84th I:eg_ Regular Session. OFFICEUSEONLY his questiarnaire is, We - filed in accordance w&. Chapter 176. Lo:l Gaienment Code. by a vendor who Dale Rece�v_d has a business relaiionstup as defined by Section 176.GC"(1-3i with a bca> governmemal en17-� and the vendor meets reauuements under Section 176.006(a)- By law tr--s questionnaire mu t be V*d w%" the records administrator of the tomi govemr rang entry not later #,an the 7lb business day after the date the vendor becomes aware of fags that require the statement to be filed. See Section 1715,046(a-t 1. Local Government Code. A vendar commits an oftense ii ti,�p vendor knahingly violates Sacdor. 176-4306. local Cwvemmert Code. An of,er-ze Emden: is section is a misdemeanor jJ Name of vendor who has a business relationship with local governmenld entity. >J Check this box if you ate filing an updab to a previously fled questionnaire. t7he law requires thatyou file an updated completed questionnaire with the appropriate fi3ing authtxity not rater than the 7th business day after the date on which you became aware that the oraginafly fled questionnaire was inwrrplete or mammate.) 31 Name of local government officer about who he information is being dfsdosed. INi�� Name of Oft-er IJ Descnbe each employment or other business relationship with the local government officer, or a family member of the officer* as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A- Is the local government officer or a family -member of the officer receiving or likely to receive taxable income. other than investment income. from the vendor? Yes F--] No B. Is the vendor receiving or takefy to receive taxabte income. other than i rvestrnent income. from or at the direction Of Vile kxzl government officer or a family rr*rrb r of the officer AND the taxable income is not received from the kcal governmental entity? Yes F-� No 51 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. ❑ Check this box if the vendor has given the local govemmerrt atfner or a family member of the officer one or more gilts as descried in 5"UOL 3(a)(2)(B). exciutFmg gaits described in Section 176.003(a-1). J S)gna a of 0, in with the gmerrnnenral ermy Form prwiaed by Texas Ethics Commission www.ethics.state.tx.us Revised 1112021 ITB 23-0024 Painting of Roadway Fixtures ( �' 29 Page 26 of 34 EXIIIBIT B VERIFICATION OF SIGNATURE AUTHORITY REAL ESTATE RESTORATION AND CONSTRUCTION, INC. 3701 FAIRWAY DRIVE GRANBURY, TX 76049 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: (-3 Position: Signature 2. Name: rp (.�p - Position. V � kp,f�( r > ,ter ��� Signature 1 3. Name: 4)() ; L l biz Position: 6-%/1 �� f a Prr. % . Signature) Name: 1 Signa of President / CEO Other Title: >A- s;;-,) Date: 0 22 \ 30 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/25/23 M&C FILE NUMBER: M&C 23-0299 LOG NAME: 13P ITB 23-0024 PAINTING OF ROADWAY FIXTURES TPW CB SUBJECT (ALL) Authorize Execution of Agreement with Real Estate Restoration and Construction, Incorporated for Painting of Roadway Fixtures in an Annual Amount Up to $437,000.00 for the Transportation and Public Works Department and Authorize Four, One -Year Renewal Options for the Same Annual Amount (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with Real Estate Restoration and Construction, Incorporated for painting of roadway fixtures in an annual amount up to $437,000.00 for the Transportation and Public Works Department and authorize four, one- year renewal options for the same annual amount. DISCUSSION: The Transportation and Public Works Department (TPW) requested the Purchasing Division to finalize an annual agreement for painting roadway fixtures such as street light poles, traffic signal poles, mast arms, and traffic signal heads throughout the City. In order to procure these services, purchasing staff issued ITB No. 23-0024. The ITB was advertised in the Fort Worth Star -Telegram on February 1, 2023, February 8, 2023, February 15, 2023, February 22, 2023 and March 1, 2023. Additionally, staff notified ten paint and labor vendors about the bid that were registered with the City. The ITB consisted of specifications listing paint color, material, and painting requirements. One response was received. An evaluation panel consisting of representatives from TPW and Development Services Departments evaluated and scored the responses 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 Real Estate Restoration and Construction Best Value Criteria: Evaluation Criteria c d e f Total Rank 10.5010.90 6.50 6.30 6.50 40.00 80.63 a. Project Manager's Qualifications with Similar Projects b. Contractors Experience c. Availability of Resources to Provide Services (equipment) d. Availability of Resources to Provide Services (personnel) e. Contractors Approach to Perform Services f. Cost of Service After evaluation, the panel concluded that Real Estate Restoration and Construction, Incorporated presents both the best value and the necessary coverage for the City. Therefore, the panel recommends that Council authorize agreements with Real Estate Restoration and Construction, Incorporated. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor bid met specifications. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). FUNDING: Funding is budgeted in the TPW Dept Highway & Streets Department's General Capital Projects Fund for the purpose of funding the a FY 2023 PAYGO Traffic Signal and in the 2022 Bond Program Fund for the purpose of funding the TPW 2022 Bond Traffic Signal. 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 funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the FY 2023 PAYGO Traffic Signal project and in the 2022 Bond Program Fund for the TPW 2022 Bond Traffic Signal project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office by Oriainatina Business Unit Head Additional Information Contact: Reginald Zeno 8517 William Johnson 5806 Reginald Zeno 8517 Lauren Prieur 6035 Jo Ann Gunn 8525 Charles Benson 8063 32 FORT WORTH. Routing and Transmittal Slip Transuortation & Public Works Department DOCUMENT TITLE: Reale Estate Restoration & Construction, Inc. For: ITB 23-0024 Painting of Roadway Fixtures M&C: 23-0299 CPN: CSO: Date: To: Name Department Initials 1. Aziz Rahman TPW- Signature -14- 2. Anna Benavides TPW — Initials4 3. Martin Phillips TPW- Initials�� 4. Lauren Prieur TPW- Signature LLP 5. Jeremy Anato-Mensah Legal- Signature 9,,rm 6. William Johnson ACM- Signature F 7. Ronald Gonzales CSO — Initial 601-1 8. Jannette Goodall CSO-Signature 1 L 9. Allison Tidwell CSO-Assign CSC a- 10. Tabitha Giddings TPW-Admin 11. 10. DOC#: Date Out DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: []YES ®No SAME DAY: []YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs