HomeMy WebLinkAboutContract 61755fOl.!.,T;ORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
CSC No. 61755
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Fonroche Lighting
America, Inc. ("Vendor") and the City of Fort Worth ("City"), a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of
precedence in which they are listed:
1.This Cooperative Purchase Agreement;
2.Exhibit A-Seller's Quote;
3.Exhibit B-Cooperative Agency Contract Allied States Contract 23-7457; and
4.Exhibit C-Conflict oflnterest Questionnaire
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the
terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the
provisions of this Agreement. Total payment made under the entirety of this Agreement by City shall not exceed
Nine Million Eight Hundred Thousand Dollars ($9,800,000.00). Vendor shall not provide any additional items
or 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.
The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below
("Effective Date") and expires on April 30, 2025, in line with cooperative contract.
Vendor agrees that City shall, 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 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.
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 ofrace,
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; G) 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
§200322, 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.
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:
Either City or Vendor may terminate the Agreement at any time and for any reason by providing the other
party with 30 days written notice of termination.
The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in
accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue
for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas.
To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant
County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no
force or effect.
If the Agreement contains a website link to terms and conditions, the linked terms and conditions located
at that website link as of the effective date of the Agreement shall be the linked terms and conditions referred to
in the Agreement. To the extent that the linked terms and conditions conflict with any provision of either this
Addendum or the Agreement, the provisions contained within this Addendum and the Agreement shall controL If
any changes are made to the linked terms and conditions after the date of the Agreement, such changes are hereby
deleted and void. Further, if Vendor cannot clearly and sufficiently demonstrate the exact terms and conditions as
of the effective date of the Agreement, all of the linked terms and conditions are hereby deleted and void.
To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or
hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and
any such terms are hereby deleted from the Agreement and shall have no force or effect. Nothing herein constitutes
a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities
as a government entity; such provisions are hereby deleted and shall have no force or effect.
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. To the extent the Agreement requires that
City maintain records in violation ofthe Act, City hereby objects to such provisions and such provisions are hereby
deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked
Confidential or Proprietary, City shall 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.
To CITY:
City of Fort Worth
Attn: Jessica McEachern, 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:
Fonroche Lighting America, Inc.
Hocine Benaoum, CEO
Address:
10 Roessler Rd. Suite F
Woburn, MA 01801
Facsimile: NI A
The undersigned represents and warrants that he or she has the power and authority to execute this Agreement
and bind the respective Vendor.
CITY OF FORT WORTH:
By:
Name: Jesica McEachern
Title: Assistant City Manager
Date: Jul 25, 2024
APPROVAL RECOMMENDED:
By: Lauren Prieur (Jul 23, 2024 17:14 CDT)
Name: Lauren Prieur
Title: TPW Director
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
By:
Name:
Title:
ly 23rd 2024
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: Brandon Callicoat
Title: TPW Superintendent
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0541
Exhibit A - Quote
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Contract ID
Opportunity Owner Nina Lopez
Payment Terms 100% Net 30 from Ship Date-contingent on
credit approval
Shipping Terms EX-Works Fort Worth, TX
Notes to the Shipping Not Included
customer
Fonroche Lighting America
4900 David Strickland Rd.
Forest Hill, TX 76119
(817) 516-2056
COOP: Allied States Cooperative 23-7457
Quote Number 00082643
Quote Name G7491-FortWorthTx-ResidentialLighting &
Access Rd.
Quote Date 1/30/2024
Quote Expiration 7/31/2024
Date
Est. Lead Time 12-14 Weeks
Ship To Name
Ship To
Shipping estimated; final cost determined on day of shipping and added to invoice.
1,992.00
1, 299.00
3,291.00
[T54-CK16B-4K-TBD]
[P160E-2P]HW-MC
Fixture Color: BK
POLE: 20Ft. Round
Tapered Pole-Direct
Burial-1-4FT Arm
--Pole Color:
-Custom Color
Pole-Black or Gray
[T54-CK16B-4K-TBD]
[P310E-4P]HW-MC
Fixture Color: BK
POLE: 25Ft. Round
Tapered Pole-Anchor
Base-1-6FT Arm
—Pole Color: BK
10-YR-Warranty
City of Fort Worth TX
United States
"**RESIDENTIAL"** SmartLight Assembly with 624Wh-24V
NiMH Battery , special extreme temperature (from -40 °F to +158
°F), 1 x 160W solar module with Top of Pole assembly and
Intelligent managemenUcontrol system. Provisioned for Single
Fixture configuration. Single Essential (Formerly CK16B) Fixture
4K Color Temp.-Type TBD Fixture Color: BK -. Power Assembly
color is black. Mount: High wind and enhanced marine coating.
20Ft. Round Tapered Pole-Direct Burial-1-4FT Arm --Pole Color
is -Custom Color Pole-Black or Gray
5 Year Warranty All Night Lighting 365 Days a Year - Full Battery
Replacement
Assumes No Shading � Assumes little or no snow
10 Degrees Tilt
See Notes
"**ACCESS ROADS*** SmartLight Assembly with 1248Wh-24V
NiMH Battery , special extreme temperature (from -40 °F to +158
°F), 310W solar module with Top of Pole assembly and
Intelligent management/control system. Provisioned for Single
Fixture configuration
Warranty Extension - Extends standard 5 Year Warranty to 10
Years.
Total Line Items
Shipping & Handling
Est.
Quote Total
USD 49 38 USD USD
5,763 2,917 5,810,664
USD 61.41 USD USD
8,354 3,224 4,187,976
USD 0 0.00 USD 0 USD 0
USD 9,998,640
USD 0
USD 9,998,640
� ��� ����
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I I � �1''::� � � �MERI�A
Contract ID
This quotation is subject to the following terms and conditions
Fonroche Lighting America
4900 David Strickland Rd.
Forest Hill, TX 76119
(817) 516-2056
COOP: Allied States Cooperative 23-7457
Seller's Terms and Conditions of Sale in effect on the date of this order shall apply to this quote and are hereby incorporated by reference.
Seller's Terms and Conditions of Sale may be viewed at https://www.fonrochesolarlighting.com/about-us/terms/.
Pricing is based on Fonroche Lighting America's Standard Terms & Conditions and any additional terms stipulated herein. It is the
Representative's responsibility to convey these terms to the customer. Without prior written approval from Fonroche Lighting America's Sales
Director, any deviation from these terms may constitute a change in this pricing at the time of order. In the event that Fonroche Lighting
America is unable recuperate difference in pricing from end customer, it may deduct the difference from representative's commission.
1 042023
EDUCATION SERVICE CENTER REGION 19 ALLIED STATES COOPERATIVE
RFP AWARD SUMMARY
RFP TITLE: Maintenance, Repair and Operation (MRO) Equipment, Supplies,
Materials and Services (Supplemental) – ESC Region 19 Allied
States Cooperative
RFP NUMBER: 23-7457
RFP OPENING DATE: March 21, 2023
CONTRACT TERM: Date of award until April 30, 2024, with 3 annual extension
options.
(Extended by Region 19 until April 30, 2025)
FUNDING SOURCE: Various
RFP’s ISSUED: 1,604
RESPONSES: 55
ADVERTISEMENT DATES: El Paso Times – February 20, 2023 & February 27, 2023
RECOMMENDED FOR AWARD: A2Z Supplies (Heather C Ivy)
American Refrigeration Supplies Inc (ARS)
AMPTX Electric, LP
B&M Machinery (B&M Industrial Inc)
Bio Remedies (Texas Fannon Enterprises Inc)
Black Stallion Construction, Inc (Black Stallion Contractors,
Inc.) (HUB)
Clowe & Cowan (Clowe and Cowan of El Paso LLC)
Competitive Choice (HUB)
Contractors Tiles Plus, Inc. (HUB)
Dale Borens Service Supply
Delta Air (Omar Medina)
Delta Air Conditioning and Heating LLC
Dunn-Edwards Corporation
El Paso & Juarez Paint, Inc.
El Paso J.A.G, Inc. (HUB)
El Paso Recycling Inc
El Paso Rio Electric, Inc
Engineered Equipment Sales & Testing
Facility Solutions Group Inc
Ferguson Enterprises LLC (Ferguson US Holdings, Inc)
Fonroche Lighting America
Full Turn Interior Solutions LLC
Hercules Industries Inc.
Liber Holdings LLC (Roger Brown Co) (HUB)
Longhorn Electrical Services, Inc. (HUB)
Mentru Enterprises (Olga Mendoza Duran)
Morrison Supply (MORSCO Supply, LLC) *removed 12/8/23
Pride General Contractors LLC
Purvis Industries
Saenz Material & Handling of El Paso Inc. *updated 2/7/2024
Sigler Wholesale Distributors (Russell Sigler
Inc)
Sun City Plumbers (Sun City Plumbers, LLC) (HUB)
Sunset Carpets (Victor F. Nevarez dba Sunset Carpets)
Texas Chiller Systems, LLC.
Texas EnviroBlast,LLC
Tools Required, LLC (Steven John Pena)
2 042023
Varitec Solutions (Javine WMC) (JVI Arizona LLC)
Warrior Xpress Solutions, LLC
West Texas Chiller Solutions LLC
Western Star Entrprises
Woodart Enterprises, LLC.
Work Wear Safety Shoes (Northern Imports)
Yee Electrical Contractor LLC (Yocmin W. Yee)
TOTAL (estimated) $500,000,000.00/year
EXPLANATIONS:
Award of this solicitation will enable ESC Region 19 - Allied States Cooperative (ASC) to establish a contract
with vendor(s) for Maintenance, Repair and Operation (MRO) Equipment, Supplies, Materials and Services for
those procurements made with federal, state or local funds. Evaluation and award recommendation were based
on 70% pricing and services/qualifications and 30% references. The awarded vendors’ pricing and information
can be found on the Award Detail spreadsheet. Copper State Bolt and Nut, Desert Contracting, Sun City
Winnelson Co., and Total Maintenance Solutions (TMS-SOUTH) submitted a proposal however were not
considered; vendors are already awarded on an existing contract. A5 Auto Supply Inc (NAPA Auto Parts), A-
Tex Restaurant Supply Inc., Cbs Dme & Medical Supplies (Adrienne Sierra), Continental Wireless Inc, iTAD
Solutions (Taber Group LLC), Longhorn Distributing (Loren Hodges & Sons, Inc), Spectrum Paper Co. Inc., and
UWorld LLC submitted a proposal however were not considered; vendors do not meet the scope of work.
Morrison was terminated due to breach of contract. Saenz Material & Handling of El Paso Inc. was removed
from award for failure to submit insurance as per the bid requirements.
SPECIFICATIONS, PREPARATION AND
EVALUATION PROVIDED BY: Rebecca Hernandez – ESC Region 19
Andrea Amiri – ESC Region 19
Patty Delgado - ESC Region 19
Special Conditions
1. This solicitation is to include but not limited to: abrasives, soldering and welding, building facilities supplies,
electrical lighting, motors and power transmission, drills, reamers, counter bores, dies and taps, fasteners,
adhesives and hardware, hand tools, lumber and specialty woods, material handling, storage, packaging,
measuring instruments, threaded piping, pumps, paint, ballasts, batteries, computer duct (wire mold), conduit
boxes, conduit (EMC, IMC, FLEX, PVC), conduit fittings, lamps (incandescent, fluorescent, HID, miniature),
lighting fixtures, power controls (contractors, relay, starters, pushbuttons), power distribution (load centers,
disconnectors, breakers), wire, wire connectors (wire nuts), wiring devices, HVAC/refrigeration systems,
equipment, parts, supplies, services, swamp cooler/refrigerated AC units, commercial gas water heaters,
plumbing parts and accessories, water coolers and parts, plumbing faucets, fixtures and parts, floats, vacuum
breakers, relief valves, toilets, wash basins, urinals, washers, couplings, clamps, bolts, piping, tubing, fittings,
valves, floor surface and wall coverings such as carpet, laminate, linoleum, tile and related, clear laminated
safety glass, clear plate glass, glass solexia, grey laminated glass, wire glass, channel aluminum screen,
screen corners, screen wire, spline, J-bar deep pocket, and related equipment, supplies, tools, etc.
3 042023
2. This proposal will identify primary suppliers for various maintenance, repair, and operations equipment,
supplies, and materials to be purchased on an as needed basis during the contract term for transportation,
building facilities, and other equipment used.
3. This solicitation will cover small skilled labor projects. It is not intended to be utilized as a multi-
discipline contract. Vendors can only do the services for which they are awarded. Services are to include but
not limited to installation, removal, repair, consultation, and measurement. Disciplines include but are not
limited to carpet, tile, glass, electrical, heating ventilation and cooling (HVAC), plumbing, welding, carpentry,
masonry, and painting.
4. Please note that if catalog(s) require different discounts, please provide the minimum discount offered for all
catalogs or items. Ranges are not allowed in the system.
5. No proposals tied to catalogs will be considered unless accompanied with a current catalog.
6. ESC Region 19 Allied States Cooperative understand catalogs change routinely. Updated catalogs are
required to be submitted for approval. All discounts must remain the same as awarded.
7. Vendor agrees that pricing discounts submitted are the best pricing based on the criteria and that if seasonal
and special promotion pricing exceed the bid pricing, the vendor will honor the lower pricing.
8. Exclusive, proprietary, or sole source supplies and goods should be so noted in vendor’s response for
evaluation purposes. Proof of copyrights and patents should be submitted with proposals; however, no sole
sources will be considered for purchases from this contract unless it is included with the original RFP.
9. Contractor shall furnish all personnel, material, parts, equipment, and tools necessary to complete the project
and pricing for those services shall be included in the proposal.
10. Vendor may be required to provide a payment and/or performance bond to member. Bonding and permits
are a pass-through cost and should be itemized on the quote.
11. Vendor shall provide verification that product meets minimum recommendations based on industry
standards, if requested by member.
12. All installation of products offered through this solicitation must be performed by a properly licensed and
bonded (when necessary) installer authorized by the manufacturer. All installers authorized by the
manufacturer must be in good standing with the state and its political subdivisions.
13. Product shall be installed as specified by the manufacturer. Clean up will be on a daily basis and the worksite
will be returned to original and safe condition upon completion of the work, free of rubbish, wrappings, debris,
trimmings, soda cans, and other peripheral trash.
14. This contract will NOT cover asbestos removal. Member is responsible for ensuring area is free from
environmental contaminants.
15. Vendor must be able to provide licensing or employee credentials to member upon request.
Approved By: ____________________________ Date: _______________________
Dr. Armando Aguirre April 4, 2023
Dr. Armando Aguirre January 23, 2024
Exhibit C- Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who oate Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
N/A
Name of Officer
4 Describe 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
CIQ 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 � No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
� Yes � No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
6
❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
July 23rd 2024
Signature of vendor doing business-w(Fh f�overnmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
***
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
City of Fort Worth,
Mayor and
DATE: 06/25/24
Texas
Council Communication
M&C FILE NUMBER: M&C 24-0541
LOG NAME: 13P AMEND CSCO 60016 LED ROADWAY LIGHTS AND MATERIALS TPW CB
SUBJECT
(ALL) Authorize Execution of Agreement with Fonroche Lighting America, Inc. Using Allied States Cooperative Contract 23-7457 in an Amount Up
to $9,800,000.00 to Allow for a One-Time Purchase of Solar Lighting Using American Rescue Plan Act Funding to Support the Neighborhood
LED Streetlight Capital Project for the Transportation and Public Works Department
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an agreement with Fonroche Lighting America, Inc. using Allied States
Cooperative Contract 23-7457 in an amount up to $9,800,000.00 to allow for a one-time purchase of solar lighting using American Rescue Plan
Act funds to support the Neighborhood LED Streetlight Capital Project for the Transportation and Public Works Department.
DISCUSSION:
The City Council approved $16,000,000.00 total, $12,000,000.00 for the Neighborhood LED Streetlight Capital Project and $4,000,000.00 for
other capital delivery (M&C 22-0789). The Neighborhood LED Streetlight Capital Project had an initial scope of LED conversion, replacing poor-
condition streetlights, poles, and wiring, as needed. Staff developed the project scope to address 28 neighborhoods over 4 years. Year 1 included
5 neighborhoods, Year 2 included 7 neighborhoods, Year 3 included 8 neighborhoods, and Year 4 included 8 neighborhoods. The Year 1 and Year
2 neighborhood projects are now completed. To date, the project has replaced 448 street lights, removed 42,565 linear feet of old/bad wire, and
installed 36,818 linear feet of new wire for a total cost of $2,200,000.00 with a remaining balance of $9,800,000.00. The light replacements for
Years 1 and 2 were handled as part of the larger capital projects.
TPW staff identified that using Fonroche Lighting America, Inc. to install energy-efficient solar lighting would be more efficient and would ensure
that the lighting replacements in the neighborhoods for Years 3 and 4 could be fully performed in a timely manner. Accordingly, TPW is requesting
authorization to enter into an agreement with Fonroche Lighting America, Inc. in an amount up to $9,800,000.00 to allow for a one-time purchase of
solar lighting using American Rescue Plan Act funds in order to support the Neighborhood LED Streetlight Capital Project. The actual amount
used will be based on the needs of the department and the available budget. No guarantee was made that a specific amount of services would be
purchased.
State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies state laws requiring that the
local government to seek competitive bids for the purchase of an item. Allied States Cooperative Contract 23-7457 has been competitively bid to
increase and simplify the purchasing power of local government entities across the State of Texas. The Request for Proposal (RFP) contract no.
23-7457 was published on February 20, 2023, and February 27, 2023. Responses were opened on March 21, 2023. The cooperative agreement
was structured in annual terms with the initial term ending on April 30, 2024, with three annual renewal options. In no event will the City's agreement
extend past April 30, 2027, to ensure alignment with the cooperative agreement. Staff has reviewed the pricing and has determined it is
reasonable.
AGREEMENT TERM: This agreement will begin upon execution and will end at the earlier of the expiration of the funds, completion of the project,
or October 31, 2026, to align with ARPA grant requirements.
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.
Funding is budgeted in the Grants Cap Projects Federal Fund for the purpose of funding the ARPA Street Light LED project, as appropriated.
DVIN-B: A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity.
This project will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certified that funds are available in the current capital budget, as previously appropriated, in the Grants Cap Projects
Federal Fund for the ARPA Street Light LED project to support the approval of the above recommendation and execution of the contract. Prior to
any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office bk Reginald Zeno 8517
Jesica McEachern 5804
Originating Business Unit Head: Reginald Zeno 8517
Lauren Prieur 6035
Additional Information Contact: Jo Ann Gunn 8525
Charles Benson 8063