HomeMy WebLinkAboutContract 60152City Secretary Contract No. 60152
FORT WORTH.
041,
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, and
WILDCAT CRANES, INC. ("Vendor"), each individually referred to as a "party" and collectively
referred to as the "parties."
1. Scope of Services. Motorized crane services ("Services"), which are set forth in more
detail in Exhibit "A," attached hereto and incorporated herein for all purposes.
2. Term. The initial term of this Agreement is for 1 year(s), beginning on the date that this
Agreement is executed by the City's Assistant City Manager ("Effective Date") and expires one year from
that date ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term").
City will have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term").
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement up to the amount of Three Hundred Thirty Three Thousand Five
Hundred Seventy Eight Dollars ($333,578.00). Vendor will not perform any additional services or bill
for expenses incurred for City not specified by this Agreement unless City requests and approves in writing
the additional costs for such services. City will 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.
4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Oblisations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor Services Agreement OFFICIAL RECORD Page 1 of 12
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Ri2ht to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Indeuendent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
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officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
Liabilitv and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTSAND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED 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, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
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 will 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 will 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 will 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 will 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 will 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 will 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 will, 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
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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 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
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$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 must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Reiulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
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Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Wildcat Cranes, Inc.
Ronald Wertz, Owner/President
5650 Wilbarger Street
Fort Worth, TX 76119
Facsimile:
14. Solicitation of Emvlovees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
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18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationalitv Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
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and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authoritv. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Companv Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No 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
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Bovcotting Energv 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
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full-time employees) unless the contract contains a written verification from the company that it: (1) does
not boycott energy companies; and (2) will not boycott energy companies during the term of the contract.
The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during
the term of this Agreement.
31. Prohibition on Discrimination ALainst 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.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
Zara swahol #
By: Dana Burghdoff(Sep �1,202313:A CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By:
Chri�ph�% eGLlr er (Sep 20, 2o231DT)
Name:
Chris Harder
Title:
Water Department Director
44.dUup�n-Q
ORt
ATTEST: "o *.0
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da
p�vo 8=d
opa* �oa o °
By: v nnnuaod�
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Wildcat Cranes, Inc.
By:
Name: _ I t y AV
Title: =�d y' wit
Date: �>�, 20
Vendor Services Agreement
City Secretary Contract No.
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:
Name: Shatabya Bergland
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
W
By: DBlack (Sep 21, 202314:01 CDT)
Name: Doug Black
Title: Sr. Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0752
Form 1295: 2023-1046221
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 10 of 12
City Secretary Contract No.
EXHIBIT A
SCOPE OF SERVICES
See next page.
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PART — 2
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to finalize an agreement for Motorized Crane
Services for the Water and Property Management Departments on an "as needed" basis.
Prospective responding bidders should ensure they download all attachments for complete
responses and understanding of the agreement the City intends to award from this
solicitation. The successful bidder(s), known hereafter as "Contractor"/"Vendor."
1.2 The quantities listed on the price submittal are only estimates based on previous usage
and do not indicate intent to purchase or a guarantee of future business. The City is
obligated to pay for only those services actually ordered by an authorized City employee
and then received as required and accepted by the City.
1.3 This Agreement shall 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 renew automatically
under the same terms and conditions for up to four (4) one-year renewal periods (October
1 to September 30), 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.
1.4 Following the award, additional services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the
Agreement, may be added based on the discount bid and price sheet provided with the bid.
1.5 Unit prices shall include all costs associated with the specified work, including but not
limited to handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.6 Any services that have been omitted from this scope of service that are clearly necessary
or in conformance shall be considered a requirement although not directly specified or
called for in the scope of services.
1.7 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
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6.0 SPECIFICATIONS
6.1 Vendor shall provide crane services for the lifting and placing of large pieces of equipment
as a part of the maintenance of City facilities and operations.
6.2 The work to be performed consists of furnishing equipment, materials and operators for
motorized crane services at various sites as called and directed by authorized employees
of the City of Fort Worth. Services may be required at any time within a twenty-four (24)
hour period and may continue past the normal eight (8) hour work shift.
6.3 Service locations will normally be within the City of Fort Worth, Texas; and shall be
performed at the location requested by the Department Contract Manager or designee.
6.4 Equipment, materials and services under this contract shall support all City owned facilities
varying in size on an as -needed basis.
6.5 Vendor shall understand any materials and/or services that have been omitted from this
scope of work that are clearly necessary or in conformance shall be considered a
requirement although not directly specified or called for in the scope of work
6.6 Following the award, additional service locations and/or materials and services of the same
general category that could have been encompassed in the award of this Agreement, and
that are not already on the Agreement, may be added.
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7.0 EQUIPMENT
7.1 Vendor shall provide all equipment fit for its intended purpose, fully maintained, fully fueled
and with qualified certified/licensed operators.
7.2 All equipment shall have operational lights, safety devices, and include all necessary
permits.
7.3 All operational personnel for the type, size and intended use of crane shall be provided; i.e.
supervision, riggers, flaggers, support labor, etc.
7.4 Vendor shall provide the following equipment required, but not limited to:
7.4.1 26- Ton Capacity Motorized Crane including all necessary personnel, fuel, support
equipment, and permit.
7.4.2 40-Ton Capacity Motorized Crane including all necessary personnel, fuel, support
equipment, and permit.
7.4.3 60-Ton Capacity Motorized Crane including all necessary personnel, fuel, support
equipment, and permit.
7.4.4 75-Ton Capacity Motorized Crane including all necessary personnel, fuel, support
equipment, and permit.
7.4.5 90-Ton Capacity Motorized Crane including all necessary personnel, fuel, support
equipment, and permit.
7.4.6 120-Ton Capacity Motorized Crane including all necessary personnel, fuel, support
equipment, and permit.
7.5 Vendor shall include, with their bids, an inventory of motorized crane equipment available,
in addition to, the units specified above and the hourly rates for such equipment (including
personnel and any necessary permit) as additional available equipment under the
agreement resulting from the bid.
7.6 Vendor shall not store equipment on City premises, except that equipment may temporarily
be left in buildings while work is being performed on City premises.
7.7 Vendor shall be responsible for any damage resulting from tire burns, battery leaks, oil, or
hydraulic leaks, scrapes and scratches on City premises.
7.8 Vendor shall understand the City may stop work at any time if inferior equipment (such as
leaking solvents, safety risk, creating hazardous conditions, damaging City property, etc.) is
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in use by the Vendor. The City shall have the sole and final authority in determining if
Vendor's equipment is inferior. The Vendor shall be responsible for any loss or damage to
rented or owned equipment used while performing services under this contract. The
Vendor shall not charge the City for expenses incurred by Vendor or its Subcontractor for
loss or damage to equipment or tools rented or Vendor owned equipment.
7.9 Vendor shall not suspend delivery of goods and/or services without a 30-day prior written
notice to the Department Contract Manager or designee.
8.0 HOURS OF SERVICE/RESPONSE TIMES
8.1 When the City requests non -emergency services, the Vendor shall contact the Department
Contract Manager or designee within twenty-four (24) hours of request for service to
arrange arrival time of Contractor.
8.2 Regular hours of work shall be Monday through Friday, 8:00 AM to 5:00 PM.
8.3 After hours of work shall be Monday through Thursday, 5:01 PM to 7:59 AM.
8.4 Weekend hours of work shall be Friday through Monday, 5:01 PM to 7:59AM.
8.5 All holiday hours of work shall be all City observed holidays:
8.5.1 New Year's
8.5.2 Martin Luther King Jr Day
8.5.3 Memorial Day
8.5.4 Juneteenth, June 19t"
8.5.5 July 4t"
8.5.6 Labor Day
8.5.7 Thanksgiving Thursday and the following Friday
8.5.8 Christmas Day
8.6 Services may be required at any time within a twenty-four (24) hour period and may
continue past an eight (8) hour work shift.
8.7 Time for equipment and operators shall be actual time worked to the nearest quarter (1/4)
hour. Time will not be charged to the City for breakdowns, Contractor's delays, or servicing
delays.
8.7.1 Bidders shall state the minimum required number of hours. If no minimum number
of hours is required, bidders shall enter a zero ("0") on question 10 on Attachment
F, the Vendor Qualification Questionnaire.
8.7.2 Vendor shall not charge for overnight when the unit is not in use.
9.0 EXPEDITED SERVICES
9.1 Vendor shall understand that the City may require the Vendor to respond to expedited
service requests and require Vendor to provide twenty-four (24) hour, 365 days a year
service to respond to expedited services as defined in part 2, section 15.0.
9.2 The Department Contract Compliance Manager or designee shall have the sole and final
authority in determining when services will be designated as an expedited request.
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9.3 Vendor shall acknowledge an expedited request within 2 hours or less and be onsite
within 4 hours unless otherwise approved or agreed upon by the Department Contract
Compliance Manager or designee. The response time shall be at the time the call was
made and end at the time the appropriate Vendor's employee signs in at the work site.
9.4 The City reserves the right to contract with other vendors to fulfill the requirements of the
expedited services in the even the Vendor cannot respond to the expedited repair as
required by this Scope of Work.
9.5 Expedited requests for non -regular hours, weekend hours, and/or Holiday hours shall be
billed at the corresponding labor rate located on the price submittal of this solicitation,
including any applicable minimum charges.
10.0 DELIVERY
10.1 Vendor shall deliver F.O.B. Destination and all other delivery charges shall be included in
the unit price. The Department Contract Manager or designee placing the order will provide
delivery and billing information. No additional charges for expenses, freight, mileage, time,
or similar items will be accepted or paid by the City. There may be instances when the
Vendor may be asked to accelerate delivery of an order(s) due to extenuating
circumstances. When this occurs and there is an additional cost, the Vendor must receive
written approval from Department Contract Manager or designee in order to order the
materials. If written approval is not received from the Department Contract Manager or
designee, City shall not be liable for any costs.
10.2 Vendor shall understand in the event the Vendor is unable to meet the original delivery
date(s), the City must be contacted immediately, but prior to the due date, and seek an
extension of delivery time. Failure to comply with the delivery terms may be legal grounds
for canceling an order(s), or the entire Agreement in accordance with the Termination
Clause shown elsewhere in the solicitation.
10.3 Vendor shall understand delivered items that are determined to be defective or not meeting
bid specifications shall be picked up and replaced by the Vendor, or the Vendor's designee,
at no cost to the City. If the item (s) are not picked up within one (1) week after notification,
the item shall become a donation to the City for disposition.
10.4 Vendor shall service all City facility locations; case -by -case basis; City will have the right to
add additional service locations.
11.0 PERMITS
11.1 Vendor shall have the ability to obtain all necessary State and Local permits for street
closures.
11.1.1 Vendors are required to maintain necessary permits with the City of Fort Worth.
Instructions and requirements can be found at Street Permit —Welcome to the Citv
of Fort Worth (fortworthtexas.gov) and clicking on the "Online" tab.
11.2 All permit fees, when required, may be billed to the City, no markup will be
permitted.
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12.0 LABOR AND PERSONNEL
12.1 Vendor shall be responsible for ensuring the safety of their employees, City employees and
the general public during performance of services under this contract.
12.2 Vendor shall be responsible for ensuring that all employees are fully and properly equipped
to perform services promptly and safely.
12.3 Vendor shall comply with all provisions of the Occupational Health and Safety (OSHA) to
protect the life and health of employees and other persons; to prevent damage to property,
materials, supplies and equipment; and to avoid work interruptions. Vendor shall comply
with the latest version of the 29 CFR 1910, OSHA standards. Compliance with OSHA and
other applicable laws and regulations for the protection of employees is exclusively the
obligation of the Vendor, and the City assumes no liability or responsibility for Vendor's
compliance or noncompliance with such responsibilities.
12.4 Vendor shall comply with all Occupational Health and Safety (OSHA) reporting
requirements for record keeping and reporting of Vendor shall provide verbal report to the
City immediately, and no later than one (1) business day, of the occurrence. The Vendor
shall cooperate with the City and provide any written documentation and information
required for record keeping purposes.
12.5 Vendor shall ensure that all employees are continuously trained to meet the latest
technology, industry standards, and safe use of substances identified as health or physical
hazards by OSHA. The Vendor shall submit proof of employee training and experience
within five (5) business days upon request by the Department Contract Compliance
Manager or designee.
12.6 Vendor shall not require any person to work in surrounding or under working conditions that
are unsanitary, hazardous, or dangerous to their health and safety.
12.7 Vendor shall require all employees assigned to the service to wear necessary personal
protective equipment required by industry standards.
12.8 Vendor shall ensure that only authorized employees performing work under this contract
are on the worksite. No acquaintances, family members, or any other personal shall
accompany the Contactor employee in the work area.
12.9 Vendor shall ensure employees maintain good discipline and professionalism while
performing services for the City.
12.10 Vendor shall understand and agree that the scheduling of events at City facilities takes
precedence over any scheduled service requests agreed to by the Vendor and Department
Contract Compliance Manager or designee. The Vendor shall not hold the City liable,
financially or otherwise, if the City needs to reschedule services with the Vendor due to a
new event scheduled at a City facility. The Department Contract Compliance Manager or
designee will make every reasonable effort to immediately notify the Vendor of changes in
the City's schedule of events which may have an impact on scheduled services.
12.11 Vendor shall not perform services in a manner as not to interrupt or interfere with the
operation of any existing activity on the premises or with the work of another Vendor.
Provide all transportation required to perform the work. Vendor shall park its vehicles in
areas designated by the City, if available. In the event the City cannot make parking
arrangements for the Vendor, the Vendor shall be responsible for parking fees and fines.
All vehicles parked on City property shall be clearly marked with the Vendor's or
subcontractor's name on both sides of each vehicle. Magnetic signs are acceptable.
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12.12 Vendor shall provide ample advance notice of the need for any utility service cut-off, which
will be scheduled at the convenience of the City.
12.13 Vendor shall provide all equipment, materials, labor, tools, permits, incidentals, expendable
items, personal protective equipment, transportation necessary, including electricity and
water, if not available on site, for proper execution and completion of the service request.
The materials and services provided by the Vendor shall comply with all current Federal,
State and local laws, City ordinances, rules and regulations.
12.14 Vendor shall understand that storage of apparatus, materials, supplies, and equipment
shall be in an orderly fashion at the worksite in a manner that will not interfere with the
progress of the Vendor's work of any other Vendor's work.
12.15 Vendor shall clean up all refuse, rubbish, scrap materials, and debris caused by the
Vendor's operations on a daily basis. Work site shall present a neat, orderly, and
workmanlike appearance. No such refuse, rubbish, scrap material, and debris shall be left
within the completed work nor buried on the building site or any City premises, but shall be
removed from the site by Vendor.
12.16 Vendor shall complete all clean up prior to payment being made for the service request.
This shall include the removal of all surplus material, temporary structures, and debris of
every nature resulting from the Vendor's operations, to return the worksite in a neat, orderly
condition. Thoroughly clean and leave the worksite reasonably dust free all finished
surfaces including all equipment, piping, etc., on the interior of any buildings affected by the
service. If Vendor fails to clean up at the completion of the work, the City may clean the
property and deduct the cost from any payments owed to Vendor or bill the Vendor to
recover costs if no payments are owed.
12.17 Vendor shall note and report any damage found prior to any work at a job site to the
Department Contract Compliance Manager or designee.
12.18 Vendor shall understand that all work is subject to inspection and acceptance by the
Department Contract Compliance Manager or designee.
12.19 Vendor shall not perform outside what was requested for a specific service request without
first having written approval from the Department Contract Compliance Manager or
designee.
12.20 Vendor shall not perform work under this contract in a manner that will not adversely affect
the integrity of the building's structural, mechanical, electrical, fire protection, and life safety
systems or any other building features that will overload or render useless any portion of
the facility.
12.21 Vendor shall properly prepare equipment to be worked on including, protection of all non -
movable items or equipment, and the proper application of materials.
12.22 Vendor shall store, handle, and install all parts, materials and/or products as per
manufacturer's specifications.
12.23 Vendor shall notify the Department Contract Compliance Manager or designee when work
is to begin at the worksite and post warning signs and/or barriers when necessary. The
Vendor and Vendor's employees shall exercise a particularly high level of discipline, safety
and cooperation at all times while on the worksite.
12.24 Vendor shall coordinate the timing and transportation of equipment or materials to the work
area.
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12.25 Vendor shall understand that if transportation through the interior of a facility is required,
the Vendor shall take every precaution to ensure public safety. Under no circumstances
shall the Vendor transport equipment or materials through the interior of a facility without
prior written approval and coordination with the Department Contract Manager or designee.
12.26 Vendor shall understand that any and all damage to Vendor's or City equipment or property
as a direct result of Vendor's equipment, employees, or Vendor's subcontractor's actions,
the Vendor shall notify the Department Contract Compliance Manager immediately in
writing. Surfaces, fixtures, or furnishings damaged by the Vendor's employees shall be
replaced or repaired to the satisfaction of the City by the Vendor, and at no cost to the City.
The City may, however, at its sole discretion, elect to make repairs or replacements of
damaged property and deduct the cost from any payments owed to Vendor or to recover
costs if no payments are owed.
12.27 Vendor shall understand that the set-up area shall be protected to prevent damage to the
site grounds. This protection may be, but is not limited to, laying out tarps or other
protective materials. The Vendor shall be responsible for any damage to surrounding
building walls, landscaping, parking lots, and sidewalks.
12.28 Vendor shall meet any and all Safety Data Sheet (SDS) guidelines on any applicable limits
and be able to install accordingly.
12.29 Vendor shall understand that due to working in facilities subject to federal Criminal Justice
Information System requirements, employees must be fingerprinted and must be able to
pass a background check and/or drug screen. This must be done at:
12.29.1 Vendor's expense and verification of a clear background must be given to the
contract administrator before the Vendor's employee(s) is allowed to work in a
building which falls under this requirement.
12.29.2 Under no circumstances shall any Vendor personnel having any convictions or
pending criminal hearings be assigned to the City contract.
13.0 SINGLE POINT OF CONTACT (SPOC)
13.1 Vendor shall provide a SPOC, who is able to communicate with the Department Contract
Compliance Manager, or designee and is skilled, knowledgeable, and experienced in
providing the types of services listed in this solicitation. The SPOC shall be available and
on -call twenty-four (24) hours a day, while the vendor is performing services on City
Property.
13.1.1 The SPOC shall inspect, monitor, and supervise the Vendor's employees; ensuing
adherence to the work schedule, safety requirements, and quality of work.
13.1.2 During time the SPOC is unavailable (due to vacation, travel, etc., for example), the
Vendor shall provide a designee for the SPOC. The designee shall meet the same
requirements as specified for the SPOC within this solicitation.
14.0 FURTHER RESPONSIBILITIES/SAFETY
14.1 Supervision- The Contractor shall, during all periods of performance, provide competent
supervision of employees to assure complete and satisfactory fulfillment of the work and
the terms of this agreement. The Contractor or a capable, fully authorized representative
must be immediately available during all work activities to receive special instructions from
the directing City employee or his designee.
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14.2 Safety- The Contractor must be thoroughly familiar with all prevailing safety measures
pertinent to its operations. This shall include, but not necessarily be limited to
Environmental Protection Agency (EPA) regulations, Fort Worth City Ordinances,
Occupational Safety and Health Agency (OSHA) regulations, and Texas Department of
Transportation (TxDOT) regulations. In addition, the Contractor shall be wholly responsible
for instructing its employees in these safety measures and seeing that they are fully
complied with in every respect.
14.3 Hazards- The Contractor shall at no time permit placing or use of equipment in such
manner as to create safety hazards. Contractor personnel shall provide appropriate traffic
control and warning devices when necessary and cooperate in the fullest in allowing
through passage of other vehicles and personnel, even to the point of interrupting their own
work, if necessary. If closure of a public street is needed, the City shall obtain all necessary
permissions and permits prior to placing a crane.
14.4 Defective Work and Damages- The Contractor shall be wholly responsible for and shall
promptly correct or restore all defective Work or damages to any/all City facilities caused by
its activities. Restoration and correction shall be to the complete satisfaction of the City.
This shall apply to any part of a building, its appurtenances, or the adjacent grounds,
beyond normal wear and tear, or any other tangible damage incurred in the performance of
the Contract. Failure by the Contractor to proceed promptly with corrective actions may be
cause for cancellation of this Contract with amount(s) necessary to correct defective work
and/or damage being withheld from payments due or to become due to the Contractor.
15.0 DEFINITIONS
15.1 Department Contract Compliance Manager- City of Fort Worth employee assigned to
manage the compliance, oversight and/or administration of the contract or project for their
department of employment
15.2 Designee- a City of Fort Worth employee assigned by the Department Contract Manager to
assist with the compliance, oversight and/or administration of the contract or project.
15.3 Expedited Services- service(s) that address a threat to public safety, health or real property
and includes restoration of services following a catastrophic event, theft, intentional or
accidental damage. Vendor response time is required within two (2) hours of request.
15.4 Overtime Charges- The overtime rate shall be stated as an incremental addition to the
base hourly rate. Example for three hours overtime if Base Rate bid was $100.00/hour and
Overtime Rate bid was $25.00/hour: $300.00 (three times base hourly equipment rate) +
$75.00 ($25.00/hour times three hours) _ $375.00 (Total Overtime Charge for that job).
15.5 Estimates/Delivery Terms - Written estimates shall be provided to City Departments are to
be complete including transportation costs (total estimated cost for transportation using a
tractor and trailer rate per hour, if necessary (includes fuel costs) and time costs to the
City's locations (portal to portal). The City will not accept additional charges for expenses,
labor, mileage, fuel surcharges or similar items.
15.6 Hourly rates shall remain firm throughout the term of this agreement.
15.7 All prices bid shall be offered and items delivered with the terms of "Portal to Portal" which
includes all charges for fuel, labor, and permits in the Hourly Rate.
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16.0 BRAND NAME OR EQUAL
16.1 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) listed herein. If
bids are based on equivalent products, indicate on the price submittal the manufacturer's
product name and reference number.
16.2 Vendors shall submit proposals, cuts, sketches, and descriptive literature, and/or complete
specifications. 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 these requirements are subject to rejection. Bids lacking any written indication of intent
to bid an alternate brand will be received and considered incomplete.
16.3 The Senior Purchasing Manager or designee will evaluate "equal" product on the basis of
information furnished by the Vendor or identified in the bid and reasonably available to the
Senior -Purchasing Manager. The Senior Purchasing Manager or designee is not
responsible for locating or obtaining any information not identified in the order.
16.4 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.
16.5 The City shall have the sole right to determine equal products.
17.0 WARRANTY
17.1 All parts installed under this contract shall carry a minimum allowable manufacturer
warranty period for up to one year. Warranties shall be effective on the date the parts are
accepted by the City.
17.2 No repair or service work provided on any existing equipment shall void the existing
warranty on the equipment.
17.3 Contractor warrants and guarantees that all items shall be in good working order from the
time items are placed into service. Items shall be free of defects by design, materials, and
workmanship for a period of not less than two years. Should equipment fail during the
warranty period, it shall be repaired/replaced at no expense to the City.
18.0 LAWS, REGULATIONS, AND ORDINANCES
18.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations;
State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City:
laws, ordinances, and regulations for safety of people, environment, and property. This
includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations
and Commissions such as the Environmental Protection Agency (EPA), Occupational
Safety and Health Administration (OSHA), and the Texas Commission on Environmental
Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the
start of this Agreement, the Vendor is required to comply with new policy. Any mandates
requiring the City to comply with new guidelines will also require the Vendor to comply.
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19.0 INVOICING REQUIREMENTS
19.1 The City of Fort Worth has begun implementing an automated invoicing system.
19.2 The Contractor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: supplierinvoices(cDfortworthtexas.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.
19.3 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)
19.4 To ensure the system can successfully process your invoice in an expedient manner,
please adhere to the following requirements:
• All invoices must be either a PDF or TIFF format.
• Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
• One invoice per attachment (includes PDFs). Multiple attachments per email is
acceptable but each invoice must be a separate attachment.
• Please do not send handwritten invoices or invoices that contain handwritten notes.
• Dot matrix invoice format is not accepted.
• The invoice must contain the following information:
• Supplier Name and Address;
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit# (i.e. FW013)
• Complete City of Fort Worth PO number (i.e. the PO number must contain all
preceding zeros);
• Invoice number;
• Invoice date; and
• Invoices should be submitted after delivery of the goods or services.
19.5 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.gov. To check on the status of an invoice, please contact
the City Department ordering the goods/services or the Central Accounts Payable
Department by email at: ZZ FIN AccountsPavable(cDfortworthtexas.gov.
19.6 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.
19.7 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
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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 AccountsPavable@fortworthtexas.gov.
19.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish
a tax exemption certificate upon Vendor's request
20.0 UNIT PRICE ADJUSTMENT
20.1 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.
20.2 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.
20.3 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.
20.4 The Vendor must submit its Price Adjustment request, in writing, at least 60 days before the
effective period (1st 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.
20.5 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
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.
20.6 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.
20.7 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.
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20.8 Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day
prior written notice to the Senior Purchasing Manager.
20.9 Only Published price changes will be accepted. Prices that were in effect at the time of
order placement shall take precedence.
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City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
See next page.
Vendor Services Agreement Page 12 of 12
FORT WORTH,.,
Event ID
C11w01-23-01174
Event Round Version
1 i
1 Event Name
ITS Motorized Crane Services
Start Time
05/26/2023 16:00:00 CDT
Line Details
Line: 1
PRICE SUBMITTAL
Pagel
3I
jI
I
Finish Time
06/29/2023 13.30.00 CDT
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fart Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Half Purchasing
200 Texas St. (Lower Level Rm 1500)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Deggriptto/t: Qty Unit
26-70N CAPACITY MOTORIZED CRANE INCLUDING ALL 129.00 HR
NECESSARY PERSONNEL, FUEL, SUPPORT EQUIPMENT,
AND PERMIT
Line: 2
Descr[ tion: Qty Unit
40-TON CAPACITYMOTORIZED CRANE INCLUDING ALL 125.00 HR
NECESSARY PERSONNEL, FUEL, SUPPORT EQUIPMENT,
AND PERMIT
Line: 3
Desqrip#ionQtSS(( Unit
60-TON CAPACITYMOTORIZED CRANE INCLUDING ALL 10N HR
NECESSARY PERSONNEL, FUEL, SUPPORT EQUIPMENT,
AND PERMIT
Line: 4
Description: Qtv Unit
75-TON CAPACITYMOTOR(ZED CRANE INCLUDING ALL 110.00 HR
NECESSARY PERSONNEL, FUEL, SUPPORT EQUIPMENT,
AND PERMIT
Line: 5
Descqon: 4 Unit
90-TON NPACITYMOTORIZED CRANE INCLUDING ALL 105.00 HR
NECESSARY PERSONNEL, FUEL, SUPPORT EQUIPMENT,
AND PERMIT
Line: 6
Qtv
120 T'9 CAPACITYMOTORIZED CRANE INCLUDING ALL 110.00 HRt
NECESSARY PERSONNEL, FUEL, SUPPORT EQUIPMENT
AND PERMIT
Line: 7
Description: Qty Unit
INCREMENTAL OVERTIME RATE (THIS IS AN 101.00 HR
INCREMENTAL ADDITION TO THE BASE HOURLY RA
TE)
Line: 8
Description: city Unit
CRANE MATS 75.00 HR
Prompt Payment Discount Terms: N/A Percent N/A Days (i.e. 3% Net 15, eta.)
Items not listed above will be offered at a discount of N1A %u
(All parts and replacement parts 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 he 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 hid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item, Bt
advised, a "no bid" or no response may be considered as nonrresponsive and may result in disqualification of this bid.
UnitPrice Total
l $160.00 1 l $20,640.00
UnitPrice Total
1$195.00 I 1$24,375.00
UnitPrice Total
$240.00 l l $25,680.00 l
UnitPrice Total
$300.00 1 $33.000.00 1
UnitPrice Total
$330.00 1 l $34,650.00
UnitPrice
l $400.00
UnitPrice
$40.00 l
Total
j $44,000.00I
Total
$4,040.00 l
UnitPrice Total
l $35.00 l l $2,625.00
Total Bid Amount: $189,010.00 l
ITB 23-0074
Motorized Crane Services
3of37
.. Qf 1�
WILDCAT CRANIaS, INC.
5650 Wilbarger Street
Fart Worth, TX 76119
(817) 561-9188
(817) 561-9494 - Fax
wildcatcranes@wildcatcranes.com
www.wildcatcranes.com
HYDRAULIC TRUCK CRANES
Size Hourly Rate Minimum Hours
DOT Permit
40ton $195.00 4
$50.00
65 ton $240.00 4
$100.00
75 ton $300.00 4
$100.00
85 ton $325.00 4
$100.00
90 ton $330.00 4
$100.00
100 ton $350.00 4
$100.00
120 ton $400.00 4
$100.00
150 ton* $460.00 4
$200.00
165 ton* $500.00 4
$200.00
190 ton* $550.00 4
$200.00
275 ton* $600.00 4
$200.00
300 ton* $650.00 4
$200.00
" Includes one support truck -Additional support Trucks $120.00
per hour
CONVENTIONAL TRUCK CRANES
115 ton, 215 ton, 200 ton, 300 ton
Call for price.
TRACTORS AND TRAILERS
Size Hourly Rate Minimum Hours
Tractor with float $130.00
3
Tractor with 25-tan lowboy $180.00
3
Other lowboys, sirgle•drops, double -drops, stretch -decks available-
Call for prices
RIGGERS
Hourly Rate Minimum
Hours
Rigging Superintendent $110.00
4
Rigger $100.00
4
MISCELLANEOUS
Skytrac
Hourly - Minimum Hours - 3 $95.00
Day - Bare Rental Rate $700.00
Weekly - Bare Rental Rate $4,800.00
Day Rental - with operator $960.00
Weekly Rental - with operator $6,700.00
Plus Delivery and Pickup Fees
60,000# Forklift
Hourly- Minimum Hours-3 $400.00
Day- Bare Rental Rate $2,000.00
Weekly - Bare Rental Rate $14,000.00
Day Rental - with operator $3,000.00
Weekly Rental - with operator $21,000.00
Plus Delivery and Pickup Fees
20,000# Carelift
Hourly- Minimum Hours-3 $300.00
Day- Bare Rental Rate $1,200.00
Weekly - Bare Rental Rate $8,000.00
Day Rental - with operator $3,000.00
Weekly Rental -with operator $21,000.00
Plus Delivery and Pickup Fees
Miscellaneous Equipment Hourly Rate Minimum Hours
Caterpillar 977 w/60,0009 winch $200.00 4
Welding & tools truck $150.00 4
Wrecking ball crane - call for price
Mats $95.00 each per day + transportation
Overtime rate $40.00 per man hour - Per Diem $135.00 per man per day
5%fuel charge added to invoice base price
34 i�
Updated: January 13, 2023
F We look forward to doing business with you.
9/19/23, 10:16 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FORT WORTH
REFERENCE **M&C 23- 13PITB 23-0074 MOTORIZED
DATE: 9/12/2023 NO.: 0752 LOG NAME: CRANE SERVICES WTR
PMD CH
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of a Purchase Agreement for Motorized Crane Services with
Wildcat Cranes, Inc. for the Water and Property Management Departments in an Annual
Amount Up to $333,578.00 for the Initial Term and Authorize Up to Four One -Year
Automatic Renewals for the Same Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize execution of a purchase agreement with Wildcat
Cranes, Inc. for motorized crane services in an annual amount up to $333,578.00 for the initial term
and authorize four, one-year automatic renewals for the same annual amount for the Water and
Property Management Departments.
DISCUSSION:
The Water and Property Management Departments approached the Purchasing Division to finalize an
agreement to procure motorized crane services on an as -needed basis. These services will be
utilized to lift and move material on City property. Purchasing issued Invitation to Bid (ITB) No. 23-
0074 that consisted of detailed specifications describing the various cranes.
The bid was advertised in the Fort Worth Star -Telegram on May 31, 2023, June 7, 2023, June 14,
2023, June 21, 2023 and June 28, 2023. The City received two responses.
The bids were evaluated using the best value criteria. An evaluation panel consisting of
representatives from the Water Department, Property Management Department and the Economic
Development Department reviewed and scored the submittals using the Best Value Criteria. The
individual scores were averaged for each of the criteria and the final scores are listed in the table
below. No guarantee was made that a specific amount of services would be purchased.
Bidder Evaluation Factors
a b c d Total Score
Maxim Crane Works, L.P. 23.33 12.00 5.33 24.91 65.58
Wildcat Cranes, Inc. 22.17 12.67 6.33 35.00 76.17
Best Value Criteria:
a. Contractor's qualifications and experience
b. Contractor's ability to perform services within twenty-four hours
c. Contractor's approach to perform services
d. Cost of Service
After evaluation, the panel concluded that Wildcat Cranes, Inc. presented the best value to the City.
Therefore, the panel recommends that Council authorize a purchase agreement for motorized crane
services to Wildcat Cranes, Inc. Staff certifies that the recommended vendor met the bid
specifications.
The annual amount allowed under this agreement will be up to $333,578.00; however, the actual
amount will be based on the needs of the departments and available budgets.
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9/19/23, 10:16 AM
M&C Review
Department
Water Department
Budgeted Amount
$300,000.00
Property Management Department $33,578.00
Funding is budgeted in the Water and Property Management Department's Operating Funds, as
appropriated.
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, automatic, 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.
DVIN-BE: Awaiver of the goal for Business Equity subcontracting 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.
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 previously appropriated, in the Water & Sewer and General Funds. Prior
to an expenditure being incurred, the Water and Property Management Departments have the
responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account I Project
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity I Budget
Reference #
Year
(Chartfield 2)
Program Activity Budget
Reference #
Year
(Chartfield 2)
Reginald Zeno (8517)
Dana Burghdoff (8018)
Reginald Zeno (8517)
Christopher Harder (5020)
Jo Ann Gunn (8525)
Christopher Ha (8066)
13PITB 23-0074 MOTORIZED CRANE SERVICES WTR PMD CH funds availabilitv.pdf (CFW Internal)
FID TABLE- Water Crane Services.xlsx (CFW Internal)
FID TABLE PMD.xlsx (CFW Internal)
ITB 23-0074 Form 1295.pdf (CFW Internal)
SAM search Wildcat Cranes. Inc..pdf (CFW Internal)
Amount
Amount
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9/19/23, 10:16 AM
Waiver ITB23-0074 Motorized Crane Services.pdf (CFW Internal)
M&C Review
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