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HomeMy WebLinkAbout064377 - General - Contract - Trinity Star EnterprisesCSC No. 64377 FORT WORTH lro"� VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement') is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas homo-nrle municipal corporation, acting by and through its duly authorized Assistant City Managed and Trinity Star Enterprises, Inc ("Vendor"), authorized t o do business in Texas, acting by andl through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." 1. Scone of Services. The scope includes closed circuit television inspectioiservices for inspecting pipelines and manholes, locate the horizontal and vertical alignment of pipes and provide closed circuit television inspection in digital formation "on an as needed basis". 2. Term. The 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, unless terminated earlier in accordance with this Agreement City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to 4 one-year renewal option(s) (each a "Renewal Term"). 3. Comoensation. 3.1 Total compensation under this Agreement will not exceed Fifty Thousand dollars and I Zemll cents (S 50,000.00). 32 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code) and the provisions of this Agreement, including Exhibit "B" Payment Schedule, which is attached hereto and incorporated herein for all purposes. 3.3 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. Termioatim 4.1. Written Notice. City or Vendor may terminate this Agreement at soy time and for any reason by providing the other party with 30 days' written notice of termination. 42 Non-Arimorriation of Funds. In the event no fords 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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties., In the event that this Agreement is terminated prior to the Expiration Date, City 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 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 records held or maintained for City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, to disclosure to the Texas Attorney General. 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. Right 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. Independent 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 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, or contractors. 8. Liabilitty and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, 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, REPRESENTATIVES, 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, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROMAND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCL UDING, BUT NOT LIMITED TO, 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, REPREENTATIVES, 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 ACTIONAGAINST CITY FOR INFRINGEMENT OFANYPATENT, COPYRIGHT, TRADE MARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM CITY'S USE OF THE SOFTWARE OR DOCUMENTATION IN ACCORDANCE WITH THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND, SETTLE OR PAY WILL NOTAPPLYIF CITYMODIFIES 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 CITYAGREES TO COOPERATE WITH VENDOR INDOING 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 ACTIONAND 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. CITYAGREES TO GIVE VENDOR TIMELY WRITTENNOTICE OFANYSUCH 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 MATERIALLYADVERSELY 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 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 DOCUMENTATION WITH EQUALL YSVITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON -INFRINGING SOFTWARE AND 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 SEEKANYAND ALL REMEDIES AVAILABLE TO CITY UNDER LAW. 9. Assignment and Subcontractinz 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 and Assignee will be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract., If City grants consent to a subcontract, 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 $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, 100 Fort Worth Trail, 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 Regulations. 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 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 or (2) 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 100 Fort Worth Trail Fort Worth, TX 76102 With copy to the Fort Worth City Attorney's Office at the same address To VENDOR: Trinity Star Enterprises Inc Tom Lewis, President PO Box 172015, Arlington, TX 76003 14. Solicitation of Employees. 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. 18. Severabilitty. 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 Majeure. 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 the notice section 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, including the attached exhibits. 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. 'Entirety of Agreement. This Agreement, including the attached exhibits, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 25. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor 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. 26. Immigration and Nationality 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 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. 27. 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. 28. Signature Authority. 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. 29. Change in Company 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 may adversely impact invoice payments. 30. No Boycott 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 this Agreement. The terms "boycott Israel" and "company" have the meanings ascribed to those terms in Chapter 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. 31. Prohibition on Boycotting Energy Companies. 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 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 32. Prohibition on Discrimination Against Firearm and Ammunition Industries. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to 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 Vendor 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 this Agreement against a firearm entity or firearm trade association. 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. 33. 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. (signature page follows) (remainder of this page intentionally left blank) IN WJTNESS WHEREOF, the parties hereto have executed this Agreement in multiple& Br Name: �esica MCEachenr Title: Assistant City Manager Date: 11/23/2025 FORCITY OF FORT WORTH Approval Recommended: By. r' Name: Puren Prieur Title:[transportation and Public Works, DIRECTOR A w .�'0>°4 By: a� � Name: Janette Goodall g Title: City Secretary %°n�28i42 >a Contract Authorization: M&C: N/A Date M&CApproved: �1/A Trinity Star Enterprises, Inc: .AJAA� By; T omee Levh(M2<,2M1iL2:12lnn Name: om Lewis Title: President Date: 10/24/2025 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: Phweta Rao Tide: Vingineering Manager Approved as to Form and Legality: By Name: ¢ouglas Black Title: Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES The City of Fort Worth (City) is requesting proposals from qualified firms to establish a contract for closed circuit television inspection services for the Transportation & Public Works Department per descriptions and specifications listed in this RFP. These services will include, but not limited to, inspect pipelines and manholes, locate the horizontal and vertical alignment of pipes and provide closed circuit television inspection in digital formation "on an as needed basis". Vendor(s) shall furnish all labor, materials, and equipment necessary for consistency of storm drain/sewer inspection. 1.0 PROPOSER REQUIREMENTS -Proposer shall: 1. Have a minimum of 3 (three) years of experience performing closed circuit television inspection similar or related to the Scope of Services. 11. Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 2.0 SPECIFICATIONS: 2.1 The administrative requirements for storm drain lines must meet the standards of City of Fort Worth Transportation & Public Works Department staff for confirmation that the appropriate equipment, software, standard templates, defect codes and defect rankings are being used. Please see the City of Fort Worth website for Standard Construction Specification Documents below: Public Folder https:Hgpp-us3.e- builder.net/public/PublicFolderView.aspx?FolderID=%7b5999fd7c- 4221-488a-8847-265502da8fde%7d 2.2 The City recommends that all Closed -Circuit Television work be reviewed by a properly trained individual not involved in the initial data collection effort prior to submission. The schedule for Preliminary and Post Closed Circuit Television shall be included as part of the Construction Progress Schedule. The time for City Review shall be three (3) weeks minimum as notification will be sent out to Project Manager & Field Operation. Prior to acceptance and payment, all Closed -Circuit Television work must be reviewed by a properly trained City representative. If work is acceptable, a notice to proceed will be given. If work is rejected, the vendor(s) shall coordinate with City staff. Video Footage will be reviewed to verify acceptable defect coding prior to acceptance and payment. 2.3 General Inspection for Storm Drain 2.3.1 Closed Circuit Television inspections are to be conducted by pipe route. The inspection route through pipes of interest and bounded by upstream and downstream access points. Access points include but are not limited to manholes, inlets, and outfalls. 2.3.2 For each route, the vendor shall provide a unique inspection video, replots, and photos in a compatible database that follows the National Association of Sewer Service Companies Pipeline Assessment Certification Program (NASSCO PACP) Inspection and defect coding standards. During the inspection, the video shall always show the format and content. Please see RFP-08-Example of Contractor Inspection Submittal for submission example: Project Name and Information Page, Inspection Report, Manhole (MH#1) access point to Manhole (MH#2) access point, Measure the distance, PACP NASSCO Assessment Code, Grade at the location of failure: structure, Grade at the location of failure: maintenance, Photos of the location of failure large format, CCTV video format must be in standard MP4.1-1264 codec without requirement for format conversion in IT pipes. If there is a blockage then a reversal CCTV is required. 2.3.3 Cleaning the pipes will not be required by the Contractor. Moving camera through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of the main's condition. Documentation of Storm Drain Closed Circuit Television Inspection shall be provided documentation for video, data logging, and reporting in accordance with City of Fort Worth Transportation & Public Works Department requirements on the city of Fort Worth Website found under the City's Standard Construction Specification Documents stated in section 2.1 under administrative requirements. 2.3.4 Closed Circuit Television Camera Camera should not move more than 30 feet per minute. Usage of TV Cables, manual winches, and power rewinds are allowed if it does not obstruct camera view for proper evaluation. With proper height adjustment, lens is always centered at one-half the inside diameter or higher in the pipe being inspected. A lighting system shall be provided that allows the features and condition of the pipe to be seen. A reflector in front of the camera is required to enhance lighting in dark or large diameter pipe. The television camera used shall be one specifically designed and constructed for pipe inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100 percent humidity/submerged conditions. The equipment will provide a view of the pipe ahead of the equipment and of features to the side of the equipment through turning and rotation of the lens. The camera shall be capable of tilting at right angles along the axis of the pipe while panning the camera lens through a full circle about the circumference of the pipe. The lights on the camera shall also be capable of panning 90-degrees to the axis of the pipe. The radial view camera must be solid state color and have remote control of the rotational lens. The camera shall be capable of viewing the complete circumference of the pipe and manhole structure, including the cone -section or corbel. The camera lens shall be an auto -iris type with remote controlled manual override. 2.3.5 Video Capture System The video and audio recordings of the storm inspections shall be made using digital video equipment. A video enhancer may be used in conjunction with, but not in lieu of, the required equipment. The digital recording equipment shall capture sewer inspection on USB drive, with each pipe route (from upstream node to downstream node) inspection recorded as an individual file in MPEG4 Audio/Video (.mp4) format. The system shall be capable of printing pipeline inspection reports with captured images of defects or other significant visual information related on a standard color printer. The system shall store digitized color picture images and be saved in digital format. The system shall be able to produce data reports to include, at a minimum, all observation points and pertinent data. All data reports shall match the defect severity codes outlined in the current NASSCO PACP standard. Camera footage, date, Pipe Route ID, & manhole/node numbers shall be maintained in real time and shall be displayed on the video monitor as well as the video character generators illuminated footage display at the control console. 2.4 Preparation 2.4.1 Prior to inspection, vendor(s) must obtain pipe and manhole asset identification numbers from the field maps or plans as instructed by the City to be used during inspections. Inspections performed using identification number other than those specified by the City field maps or those assigned by the City will be rejected. 2.4.2 During investigation, stopping the camera at each defect shall record the nature, location and orientation of the defect or infiltrated location. The accurate distance measurement is needed to be nearest the measurement 1/10 foot. Please use NASSCO's Pipeline Assessment Certification Program (PACP) certified to track and store inspection results. 2.4.3 Inspection of newly installed storm drains shall not begin prior to completion of all manholes work is complete and installation of all lateral lines. 2.4.4 Panning and tilting the camera to provide additional detail can be for manholes, service connections, joints, visible pipe defects, infiltration/inflow locations, pipe material transitions and other non -normal locations. Note locations when the camera is underwater and level as a percent of pipe diameter. 2.5 Pre -Closed Circuit Television Inspection 2.5.1 Measurement for the inspection will be by the linear foot of line. The Closed - Circuit Television Inspection performed prior to any line modification or replacement will be determined from the distance recorded on the video log. 2.5.2 Payment shall consist of the work performed with materials measured as provided under measurement. "Measurement" shall be paid for at the unit price bid per linear foot for "Pre- Closed Circuit Television Inspection". Vendor(s) shall not be paid for unaccepted video. The vendor price bided shall include Mobilization and Digital File. 2.6 Pre -Closed Circuit Television Inspection submittal of work 2.6.1 Pre -Closed Circuit Television Inspection submittals shall contain Closed Circuit Inspection video, including audio, results on a USB drive with an inspection report. There shall be 1 PDF copy on a USB drive. Any additional information may be requested by the City of Fort Worth (see below): • Listing of flow diversion procedures if required • Listing of Closed Circuit Television equipment • Listing of backup and standby equipment • Listing of safety precautions and traffic control measures 2.7 Pre -Installation Inspection for Storm Drain Mains to be rehabilitated 2.7.1 Perform Pre -Closed Circuit Television Inspection before rehabilitation work. If, during inspection, the Closed Circuit Television will not pass through the entire section of main due to blockage or pipe defect, perform a Reverse Setup so the inspection can be performed from the opposite access point. Provisions for repairing or replacing the impassable location are addressed in Section 33 41 10, Section 33 41 11 and Section 33 41 12. Please see section 2.1 administrative requirements for City of Fort Worth website reference on sections stated above. 2.8 Post -Closed Circuit Television Inspection 2.8.1 Measurement for the inspection will be by the linear foot of line. The Closed Circuit Television Inspection performed following repair or installation will be determined from the distance recorded on the video log. 2.8.2 Payment shall consist of the work performed with materials measured as provided under measurement. "Measurement" shall be paid for at the unit price bid per linear foot for Post- Closed Circuit Television Inspection". Vendor(s) shall not be paid for unaccepted video. The vendor price bided shall include Mobilization and Digital File. 2.9 Post Closed Circuit Television Submittal of Work 2.9.1 Post -Closed Circuit Television Inspection submittals are for Storm Drain Only. Submittals shall contain Closed Circuit Television video that contains audio with results on a USB drive with an inspection report. There shall be 1 PDF copy on a USB for the City Inspector for review prior to scheduling a project final walkthrough. A detailed copy of Construction Plans identifying the pipe routes that were videoed shall be include cover sheet, overall line layout sheet(s), and plan and profile sheet(s). Observations Attribute Description POSITION Linear distance from starting point of inspection that observation was made. CODE Code used to describe observation. OBSERVATION Description of the observation. COUNTER Digital time to show where observation was made within video. PHOTO Link to snap shot photo of observation. GRADE Score assigned to particular observation. ID assigned to route following the naming convention of street ROUTE ID name followed by point of entry followed by pipe id (first pipe — entered) and then date (YYYYMMDD) (Example — Rosedale _MH009887_PI004567_20120427). OBS_TYPE Describes if observation is structural or operations/maintenance. PERCENT_ BLOCKED If observation is blockage, notes the percent of pipe blocked. CLOCK FROM Description of location of starting point of observation as pertains — to a standard clock (ex. 9 o'clock would be mid pipe on the left). CLOCK TO Description of location of ending point of observation as pertains — to a standard clock (ex. 3 o'clock would be mid pipe on the right). Routes Attribute Description MATERIAL Material of first pipe entered during inspection. CAMERA 1 — Link to pole mounted camera video file. File should meet standards listed above. CCTV 1 Link to CCTV video file. File should meet standards listed above. DATE INSPECTED Date the inspection was conducted. CCTV LENGTH Total linear distance of the CCTV inspection. FROM NODE Unique ID of node where inspection began. TO NODE Unique ID of node where inspection ended. PIPE ID Unique ID of first pipe entered during inspection. STREET Street name associated with inspection. ROUTE_ID (String, 200) ID assigned to route following the naming convention of street Name followed by point of entry followed by pipe id (first pipe entered) and then date (YYYYMMDD) (Example — Rosedale MH009887 PI004567_20120427). CCTV DIRECTION — Notes if the inspection was conducted upstream or downstream from the node. SPR Structural pipe rating based on observations made during the inspection. SPRI Index of structural pipe rating. Scale of 0-5 with 5 being extremely poor. MPR Operational and maintenance pipe rating based on observations made during the inspection. MPRI Index of operational and maintenance pipe rating. Scale of 0-5 with 5 being extremely poor. OPR Overall pipe rating based on observations made during the inspection. OPRI Index of overall pipe rating. Scale of 0-5 with 5 being extremely poor. PIPE WIDTH The width in inches of the first pipe entered during the inspection. PIPE HEIGHT The height in inches of the first pipe entered during the inspection. 2.10 Post -Installation Inspection 2.10.1 Complete manhole installation before inspection begins. Prior to inserting the camera, flush and clean the main in accordance to Section 33 32 04 50. Please refer to the City of Fort Worth Standard Construction Specification Documents. Please see City of Fort Worth website stated in administrative requirements section 2.1 for more information. 2.11 Traffic Control Plan (Please see line 4 on the Bid Table) 2.11.1 This is a pay item. The Vendor shall be responsible for providing traffic control during the services rendered within this Agreement consistent with the provisions set forth in the latest edition of The Texas Manual on Uniform Traffic Control Devices for Streets and Highways (Texas MUTCD), issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, Section Nos. 27, 29, 30 and 31. Vendor shall be reimbursed for Traffic Control costs. 2.12 Condition Assessment Closed Circuit Television Inspection 2.12.1 Measurement for this Item will be by the linear foot of line televised for Closed Circuit Television Inspection performed in order to assess the condition of the storm drain, determined from the distance recorded on the video log. 2.12.2 Payment shall consist of the work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per linear foot for "Condition Assessment Closed Circuit Television Inspection". Vendor(s) shall not be paid for unaccepted video. The vendor price bided shall include mobilization and digital file. 2.13 Delivery requirements 2.13.1 Deliver the inspection data for each pipe route on the same USB drive. Data for a single route should not be split across multiple USB drives. All submittals shall be approved by the designated City representative prior to delivery. Data must provide video data in MPEG4 Audio/Video (MP4 with H.264 codec) format within 24 hours via email or delivery. Inspection Report shall include: • Observations data - 1 digital copy as pdf and named as documented (Ex.Rosedale MH009887_PI004567_20120427.pdf). Photographs of observations in jpg format and named using the inspection ID as documented followed by the distance along inspection the photo was taken (Ex.Rosedale MH009887 PI004567_20120427 370.5 jpg) • Route fields - video and inspection report shall be associated with the upstream and downstream access points (manholes, inlets, etc.). CLOSED CIRCUIT TELEVISION video with audio —1 copy of results in MPEG4 Audio/Video (MP4 with H.264 codec) forma and named as documented (Ex.Rosedale MH009887 PI004567-20120427.mp). The vendor(s) shall utilize the latest NASSCO PACP codes available at the time of the Contract notice to proceed. Prior to commencing work, the NASSCO PACP codes to be utilized shall be submitted. All work on the contract shall follow the same codes of NASSCO PACP. Inspection Software must be NASSCO PACP certified and proof of certification of software shall be submitted prior to commencing the work. Contractor shall be current on NASSCO training. Submit proof of NASSCO training with bid submittal. Any variation of the requirements shall be subject to approval by the Project Manager. FORT WORTH CITY OF FORT WORTH BID OFFER Event ID CFW01-25-0212 Event Round Version 1 1 Event Name 25-0212 ITB Closed Circuit TV Inspection Services Line Details Page Invited: PUBLIC EVENT DETAILS 31 Submit To: City of Fort Worth PURCHASING DIVISION Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: My Unit Unit Price Provide a base fee dollar amount for 10000.00 FT television inspection of storm sewer pipe 15" $1.00 to 60" pipe, 0 to 500 Feet in Length Description: Provide a base fee dollar amount for the television inspection of storm sewer pipe 15" to 60" pipe over 500 FT in Length per linear Description: Provide a base fee dollar amount for the television inspection of storm sewer pipe 6" to 15". Qty Unit 10000.00 FT Qty Unit 10000.00 FT Unit Price $1.00 Unit Price $1.00 Total $10,000.00 Total $10,000.00 Total $10,000.00 Description: Qty Unit Unit Price Total Traffic Control Plan (if required) City of 15.00 EA Fort Worth shall reimburse costs. $750.00 $11,250.00 Line: 5 Description: f t r Unit Umt Pnee Total Locate Vertical and Horizontal Alignment with paint 25 EA and wood stakes $350.00 Total Bid Amount: $8,750.00 $50,000.00 FORT WORTH ADDENDUM TO REQUEST FOR PROPOSAL NO. 25-0212 CCTV INSPECTION SERVICES PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: August 28, 2025 REQUEST FOR PROPOSAL (RFP): 25-0212 BID CLOSING DATE: September 4, 2025 RFP No. 25-0212 issued August 13, 2025, is hereby amended as follows: 1. Questions and Answers document is hereby incorporated, in full text on page 2-3 of this addendum. All other terms and conditions remain unchanged. Grace Nguyen BUYER ................................................................................. By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced Request for Proposal. COMPANY NAME: Tri-Star Pipe inspection SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. Questions and Answers Q1 Can you please provide an estimate of a daily/weekly workload? Al The work will be mostly based on reactive aspects, so there is no specific daily/weekly workload, but the effort is approximately 7-8 miles per year. Q2 How is work assigned? A2 The work is assigned on priority basis. Emergencies like sink holes always take priority. We also review the assets regarding resident concerns using this contract. Q3 What is defined as a lateral according to the City? A3 A lateral line is connected to the inlet basin which connects to the gravity main line; a lateral line sometimes connects inlet basin to inlet basin. Q4 Are we required to use a lateral launch to inspect them? A4 Yes, if it is not accessible with CCTV crawler, then we need to use a lateral launch. Q5 How big are expected laterals diameter? A5 The lateral diameters range usually from 10"- 24". Q6 Can you please verify the audio expectations on the Video Capture System? ("7-RFP-06-Evaluation Factors and Scope of Services" pg. 5) A6 The CCTV technician voice records the task order number, the location, the size of the pipe, the upstream id (manhole or inlet), the downstream id (manhole or inlet), and survey direction (the display screen on the video); at the end of the video the CCTV technician close the video with a closing remark. Q7 Do you have an estimated average of how much linear footage is on each work order (minus emergency call outs)? Based on previous bids for this work in the past maybe? A7 For each task order: Average 300 linear feet. Q8 What is the frequency of work order request? A8 The work orders are on reactive basis with approximately 5-10 work orders per month. Q9 Do we have to provide our Fort Worth Parkway/Utility Contractor Registration at time of bid, under the "Any Other Required Documents" submittal link? Or is that to be provided after award? A9 Vendors are required to provide their registration after the award, not at the time of the bid. Vendors are responsible for the application, license fee and certificate of liability insurance. Q10 2.13 Delivery Requirements; In place of providing the CCTV deliverable on a physical hard drive, may the contractor instead provide secure download links via cloud -based video management software? Al Yes, that is acceptable. Q11 Will the City be able to provide the contractor with shapefiles of the existing stormwater infrastructure? Al Yes, the City's team will provide the shapefiles of existing infrastructure. Q12 Is there a minimum charge allowed for inspections of less than 500 feet? Al2 Yes, the bid table has aline item for inspections less than 500ft. Q13 Is there a minimum charge allowed per drop less than 500 feet? A13 Yes, the bid table has aline item for inspections less than 500ft. TABLE OF CONTENTS 1.0 BROWSERS.....................................................................................................4 2.0 SUPPORT......................................................................................................... 4 3.0 QUESTIONS....................................................................................................4 4.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA................................4 5.0 SCHEDULE OF EVENTS...............................................................................5 6.0 CLOSE DATE AND TIME ..............................................................................5 7.0 SUPPORTING DOCUMENTATION (PUBLIC FILES) ................................ 5 8.0 SUBMISSION INSTRUCTIONS....................................................................6 9.0 REQUEST FOR PROPOSAL..........................................................................6 10.0 PROPOSAL...................................................................................................7 11.0 PROPOSER...................................................................................................7 12.0 UNAUTHORIZED COMMUNICATIONS..................................................7 13.0 NON -ENDORSEMENT AND PUBLIC COMMENTS ............................... 8 14.0 PRE -PROPOSAL CONFERENCE............................................................... 8 15.0 PREPARATION OF PROPOSALS.............................................................. 8 15.1 Tax Exemption............................................................................................... 8 15.2 Proposal Adequacy........................................................................................ 8 15.3 Proposal Page Limit: ...................................................................................... 9 15.4 Proposal Summary and Company Overview.................................................9 15.5 RFP Exceptions...........................................................................................10 15.6 Proprietary Information...............................................................................10 15.7 Omitted.........................................................................................................11 15.8 Alternate Proposals......................................................................................11 15.9 Proposal Preparation Costs: ......................................................................... 11 15.10 Free on Board (FOB) Point..........................................................................11 15.11 Prices: .......................................................................................................... 12 16.0 MODIFICATION OR WITHDRAWAL OF PROPOSAL .........................13 16.1 Modification of Proposal.............................................................................13 16.2 Withdrawal of Proposal...............................................................................13 17.0 OPENING OF PROPOSAL........................................................................13 18.0 EVALUATION AND AWARD..................................................................13 18.1 Evaluation....................................................................................................13 18.2 Award..........................................................................................................14 18.3 Acceptance of Proposal...............................................................................14 18.4 Reservations.................................................................................................15 18.5 Negotiations.................................................................................................15 18.6 Period of Acceptance...................................................................................16 19.0 DOCUMENTS REQUIRED FROM RECOMMENDED PROPOSER .....16 19.1 Certificates of Insurance..............................................................................16 19.2 Certificate of Interested Parties Form 1295.................................................16 20.0 AGREEMENT TERM.................................................................................16 21.0 UNIT PRICE ADJUSTMENT....................................................................17 22.0 INVOICE AND PAYMENTS.....................................................................18 22.1 Registration..................................................................................................18 22.2 Invoice.........................................................................................................18 22.3 Payment....................................................................................................... 20 23.0 PROTEST PROCEDURE...........................................................................20 24.0 COOPERATIVE PURCHASING............................................................... 20 25.0 GENERAL PROVISIONS..........................................................................21 26.0 SUBCONTRACTORS................................................................................21 27.0 BEST AND FINAL OFFER........................................................................21 28.0 ASSIGNMENT............................................................................................21 29.0 ERRORS OR OMISSIONS.........................................................................21 30.0 RIGHT OF ASSURANCE..........................................................................21 31.0 CHANGE ORDERS.................................................................................... 22 32.0 VENUE........................................................................................................22 33.0 CONFLICT OF INTEREST........................................................................22 34.0 INSURANCE..............................................................................................22 35.0 CONTRACT CONSTRAINTS AND CONDITIONS................................22 36.0 CHANGE IN COMPANY NAME OR OWNERSHIP...............................22 1.0 BROWSERS The City of Fort Worth's online procurement portal (Bonfire Portal) can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. 2.0 SUPPORT For technical questions about the Bonfire Portal, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en-us or contact the Bonfire support team at Support2GoBonfire.com or by calling 1-800-354-8010. To get started with Bonfire, watch this five-minute training video: https://vendorsupport. gobonfire.com/hc/en-us/articles/6796500613 655- Vendor-Registration-and-Submission-VIDEO- 3.0 QUESTIONS All questions, explanations, clarifications, or interpretations desired by Proposers regarding any part of the solicitation must be electronically submitted to the City of Fort Worth's Bonfire Portal through the "Vendor Discussion" section under the respective Project/Request For Proposal (RFP) before the Questions Due Date and time specified in the Bonfire Portal. 4.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA The Purchasing Division of the City of Fort Worth (City) will post an Addendum on the Bonfire Portal with answers to all questions received before the deadline before the submission Close Date and Time. Interpretations, corrections, or changes to the RFP made in any other manner are not binding upon the City, and Proposers shall not rely upon such interpretations, corrections, or changes. Oral explanations or instructions given before the award of the Contract are not binding. If the City, in its sole discretion, determines that a change or additional information is needed or a clarification is required, the City shall issue an Addendum in the Bonfire Portal regarding such change, additional information, or clarification. Sole authority for issuing of Addendum shall be vested in the City's Purchasing Division. Proposers are advised to check the Bonfire Portal frequently for any Addendum issued. 5.0 SCHEDULE OF EVENTS Tentative Schedule of events are available in the Bonfire Portal for each RFP. The City reserve the right to change those dates as and when required. Proposers are advised to check the Bonfire Portal frequently for any changes. 6.0 CLOSE DATE AND TIME The deadline date and time for submission(s)/Proposals against a Project/RFP shall be specified in the Bonfire Portal. Your Proposals must be finalized, uploaded, and submitted in the Bonfire Portal prior to the posted Close Date and Time for the Project/RFP. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All Proposers assume the risk of late transmission/submission. The City shall not be held liable if an interested Proposer is unable to submit a complete Proposal before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. 7.0 SUPPORTING DOCUMENTATION (PUBLIC FILES) Supporting Documentation (Public Files) attached to the Bonfire Portal are integral part of the Project/RFP. Bidders should download and review all those documents. Bidders should complete required documents and upload those to "Required Information" section of the Project in the Bonfire Portal. 8.0 SUBMISSION INSTRUCTIONS All submissions/Proposal(s) must be submitted electronically prior to the close date and time under the respective Project/RFP via the Bonfire Portal: https://fortworthtexas.bonfirehub. com/portal/?tab=openOpportunities Failure to complete and submit all required information listed in the respective RFP will be grounds for rejection of a Proposal as non- responsive. No late Proposals shall be accepted. Proposals delivered in any other manner than using the Bonfire Portal will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such Proposer provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Proposal was caused solely by error or malfunction of the Bonfire Portal. Failure to scan a clear or readable copy of a Proposal into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Portal. Proposers are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. 9.0 REQUEST FOR PROPOSAL A Request for Proposal (RFP) is the publication of the City's intent to award an agreement based on a submitted Proposal that presented the best value to the City based on the means and methods of how they will provide the requested goods and/or services to the City, among other consideration. It may also be referred to as a Project or Solicitation. The purpose of the RFP is to describe the goods and/or services to be procured. Proposers are expected to examine all documents that make up the RFP. Proposers shall promptly notify the City of any omission, ambiguity, inconsistency, or error that they may discover upon examination of the RFP. The City assumes no responsibility for any errors or misrepresentations that result from the use of an incomplete RFP. The evaluation criteria to award a contract from an RFP shall be Best Value. The award of contract may be made to the responsible Proposer(s) whose Proposal is determined to be the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the RFP. 10.0 PROPOSAL An offer/submission by a Proposer for goods and/or service submitted in the Bonfire Portal against the RFP before the submission Close Date and Time. Proposal may also be referred to as a Bid. 11.0 PROPOSER An entity (which could be a person or a business) that (i) seeks or has the potential to do business with the City and serve as a Supplier (also referred to as Seller, Vendor, Contractor, Consultant, etc.) and (ii) responds to a City procurement solicitation. Proposer may also be referred to as Bidder. 12.0 UNAUTHORIZED COMMUNICATIONS Cone of Silence: the period of time that begins when an RFP has been released until the Intent to Award has been published. During this period of time, Proposers' contact regarding this RFP with employees or officials of the City other than the Purchasing Staff or as otherwise indicated in the RFP is prohibited and may result in disqualification from the procurement process. No officer, employee, agent, or representative of the Proposer shall have any contact or discussion, verbal or written, with any members of the City Council, City staff, or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this RFP, except as herein provided. Any violation of this prohibition may result in the Proposer being disqualified from the procurement process. Proposers should refrain from making comments regarding a specific solicitation or its subject matter — in the media or otherwise — until the selection process is complete. For the selected Proposer, such comments are also inappropriate until the contractual engagement with the City has ended. 13.0 NON -ENDORSEMENT AND PUBLIC COMMENTS If a Proposal is accepted, the successful Proposer shall not issue any news releases or other statements pertaining to the award or servicing of the agreement that state or imply the City's endorsement of the successful Proposer's services. 14.0 PRE -PROPOSAL CONFERENCE If a pre -proposal conference is held, the time, place, and nature of the conference will be specified on the Bonfire Portal section under the respective RFP. Attendance at pre -proposal conferences is not mandatory but is highly encouraged. 15.0 PREPARATION OF PROPOSALS Each Proposer must furnish all information required by an RFP on the documents provided and/or in the format required, unless otherwise stated. Proposals submitted on different forms or in different formats than required in the RFP may be considered non -responsive. Any attempt to alter the wording in the RFP is ineffective and may result in rejection of the Proposal. In order to be considered, Proposals must include all the documents and information requested in this RFP. 15.1 Tax Exemption: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Proposals shall not include exempted taxes. The successful Proposer should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes under any Contract for which the City has an exemption. 15.2 Proposal Adequacy: Proposals should adequately address all evaluation factors listed in the RFP and include required details and documents that will be used as part of the evaluation. Proposals should be prepared as simply as possible and provide a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the RFP. Utmost attention should be given to accuracy, completeness, and clarity of content. Proposals shall be completed in accordance with the requirements of this RFP. Statements made by a Proposer shall be without ambiguity, and with adequate elaboration, where necessary, for clear understanding. All parts, pages, figures, or tables should be numbered and clearly labeled. Submitted information should be limited to pertinent information only. 15.3 Proposal Page Limit: Unless stated otherwise, Proposals shall be limited to a maximum of twenty-five (25), Letter size (8-1 /2" x 11 ") pages using a font size no smaller than 12-point Times New Roman or Arial and margins of at least one inch in each direction. Any required/requested Attachments, Exhibits, or Addendums shall not count towards this page limit so long as Proposers do not add any information to the Attachment, Exhibit, or Addendum that was not specifically requested to be included in the same. 15.4 RFP Exceptions: Requested Proposal Exceptions - Any and all exceptions to the RFP must be listed on an item -by -item basis and cross- referenced. If there are no exceptions, the Firm must expressly state that no exceptions are taken; the firm must also understand that listing exceptions within their documentation does not guarantee acceptance by the City. 15.5 Proprietary Information: i. All material submitted to the City becomes public property and is subject to the Texas Public Information Act upon receipt. ii. If a Proposer does not desire information that it believes to be proprietary in the Proposal to be disclosed, the Proposer shall attach a listing of each page number in a chart as shown below and must clearly mark and identify each page by including the word "PROPRIETARY' in all caps and highlighted yellow on the bottom center of each page at the time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to the information that must be disclosed lies with the Texas Attorney General. Note: Pricing may not be marked proprietary and will be made publicly available in the form of a bid tab following evaluation of all Proposals. By submitting a response,, Proposers agree that pricingis s not proprietary and maybe released. Pages with information believed to be Proprietary Please indicated if only specific sections on the page are believed to be Proprietary iii. Failure to identify proprietary information exactly as required in above paragraph will result in all unlisted and/or unmarked sections being deemed non-proprietary and available upon public request. 15.6 Omitted 15.7 Alternate Proposals: Proposers may offer an "equal" product as an alternate Proposal. The final determination of what constitutes an "approved equal" shall be in the sole discretion the City. 15.8 Proposal Preparation Costs: All costs associated with preparing a Proposal in response to an RFP shall be borne by the Proposer. 15.9 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Proposer should quote its lowest and best price, with the goods delivered to the place specified, at the Proposer's expense and risk, and their tender delivery to the City. Proposals offering any other delivery terms are not acceptable and such term may be cause for rejection. 15.10 Prices: i. Proposals shall be firm -priced offers unless otherwise specified. ii. In the event of a discrepancy between unit price and extended price, the unit price shall govern; however, Proposer shall bear the risk of inaccurate extended pricing and shall be required to reduce its unit prices to meet the extended price included in the RFP in event that the use of unit prices would increase the overall cost to the City for the items and quantities included in the RFP. iii. Prices shall be offered in the United States Dollars and cents. iv. Unit prices shall include all costs associated with the specified good/service unless specified in the RFP, including but not limited to handling, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or paid by the City. V. The quantities listed on the RFP 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 goods or services actually ordered by an authorized City employee and then received as required and accepted by the City. Proposers should extend their best price based on the estimated quantities included in the RFP, but it is understood that the City may purchase more or less of any item included in the RFP. vi. Following the award, additional services of the same general category that could have been encompassed in the award of the contract, and that are not already on the contract, may be added based on the discount price sheet provided with the Proposal so long as such inclusion does not violate state or local law. vii. Any services that have been omitted from this RFP that are clearly necessary shall be considered a requirement although not directly specified or called for in the RFP. Proposers should identify such services to the extent possible when responding to the RFP. 16.0 MODIFICATION OR WITHDRAWAL OF PROPOSAL 16.1 Modification of Proposal: Proposal may be modified in the Bonfire Portal at any time prior to the Close Date and Time. NOTE: If a Proposal is modified, it must be resubmitted by the Close Date and Time to be responsive; once a Proposal is pulled from submitted status by the Proposer, it is no longer submitted for purposes of being evaluated. 16.2 Withdrawal of Proposal: Proposal may be withdrawn in the Bonfire Portal at any time prior to the Close Date and Time. Withdrawn Proposal may be resubmitted, with or without modifications in the Bonfire Portal, before the Close Date and Time. No Proposal may be withdrawn after the Close Date and Time without forfeiture of the Proposal/Bid guarantee, if any. 17.0 OPENING OF PROPOSAL For Projects/RFPs that require a public opening as per state law, the Purchasing Division representative responsible for opening Proposal(s) will publicly open and read each Proposer Title (name) aloud in the Fort Worth City Council Chambers located at 200 Texas, Fort Worth, Texas 76102, at approximately 2:00 PM CST after Close Date and Time, unless otherwise noted in the RFP. 18.0 EVALUATION AND AWARD 18.1 Evaluation: Proposers may furnish pricing for all or any portion of the RFP (unless otherwise specified). However, the City may evaluate and award the contract for any item or group of items shown on the RFP, or any combination deemed most advantageous to the City. Proposals that specify an "all or none" award may be considered if a single award is advantageous. 18.2 Award: The method of award is detailed in the respective RFP. The City can award contracts to the Proposer whose Proposal represents the "best value" to the City. The following criteria may be considered to determine the best value (see section 252.043 of the Texas Local Government Code): i. Purchase Price; ii. Reputation of the Proposer and of the Proposer's goods and/or services; iii. Quality of the Proposer's goods and/or services; iv. Extent to which the goods and/or services meet the City's needs; v. Proposer's past relationship with the City; vi. Impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses, including Certified Minority Women -Owned Businesses, and non-profit organizations employing persons with disabilities; vii. Total long-term cost to the City to acquire the Proposer's goods and/or services; and viii. Any relevant criteria specifically listed in the RFP. Each RFP will specify the criteria and relative importance of each criteria being used for each specific project. 18.3 Acceptance of Proposal: Acceptance of a Proposal will be in the form of a Purchase Order or a contract. Subsequent purchase releases may be issued as appropriate. The contents of a Proposal shall become a part of the contract. Under no circumstances will the City be responsible for goods and/or services provided without a Purchase Order issued through the City's PeopleSoft system. 18.4 Reservations: The City expressly reserves the right to: Specify approximate quantities in the RFP; ii. Extend the RFP Close Date and Time; iii. Consider and accept alternate Proposals, if specified in the RFP, when most advantageous to the City; iv. Waive, as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods and/or services; V. Waive any minor informality in any RFP procedure (a minor informality is one that does not affect the competitiveness of the Proposers); vi. Add additional terms or modify existing terms in the RFP; vii. Reject a Proposal because of unbalanced unit prices Proposal; viii. Reject or cancel any or all Proposals for any reason; ix. Reissue an RFP; X. Procure any item by other means; xi. Cancel an RFP prior to the Close Date and time; and/or xii. Award in the most advantageous manner to the City, which may include a single award, an award to multiple Proposers on a non-exclusive award basis, or awarding primary and secondary Proposers. 18.5 Negotiations: The City reserves the right to negotiate all elements that comprise the successful Proposer's response to ensure that the best possible consideration be afforded to all concerned. 18.6 Period of Acceptance: Proposer acknowledges that by submitting the Proposal, Proposer makes an offer that, if accepted in whole or part by the City, constitutes a valid and binding irrevocable offer that subject to negotiation by the City, shall be reduced to a contract as to any and all items accepted in writing by the City. Unless specified otherwise, the period of acceptance of Proposals is one hundred and eighty (180) calendar days from the Close Date. 19.0 DOCUMENTS REQUIRED FROM RECOMMENDED PROPOSER 19.1 Certificates of Insurance: When insurance is required, the Proposer must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 19.2 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful Proposer is required to complete the Certificate of Interested Parties Form 1295 and submit the form within two (2) City business days to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info_form129 5.htm 20.0 AGREEMENT TERM Unless specified otherwise, the initial term of the agreement shall be one year. 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, unless City or Supplier provides the other party with notice of non -renewal at least 90 days before the expiration of the initial term or renewal periods. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify supplier/vendor of such occurrence and the contract 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. 21.0 UNIT PRICE ADJUSTMENT Suppliers/vendors may require that unit prices be adjusted for increases or decreases in Supplier's cost during the contract period using the following procedure: i. The Supplier must submit its price adjustment request, in writing, at least 30 days before the requested effective period. The Supplier shall provide written proof of cost increases with the price adjustment request. ii. If the City concludes that the rate increase being requested is unacceptable, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division reserves the right to issue a new solicitation or procure the goods or services by any other allowable means. iii. Prices shall remain firm for the term of the Agreement and shall include all associated freight and delivery costs, unless otherwise specifically stated and agreed to by City. iv. Upon expiration of the contract term, the successful Proposer agrees to hold over under the same terms and conditions of the contract for a reasonable period of time to allow the city to re-solicitate an agreement, not to exceed ninety (90) days. V. The provision of goods and/or services shall not be suspended by the Supplier except as expressly allowed by the contract's terms and conditions. 22.0 INVOICE AND PAYMENTS 22.1 Registration: Successful Proposer are required to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at: https://www.fortworthtexas.gov/departments/finance/pur chasing/register 22.2 Invoice: The Supplier shall send invoices electronically to the City's centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. Please include the following on the subject line of your e-mail: Supplier name, Invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234) 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. ii. Image quality must be at least 300 DPI (dots per inch). iii. Invoices must be sent as an attachment (i.e. no invoice in the body of the email). iv. One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. v. Please do not send handwritten invoices or invoices that contain handwritten notes. vi. Dot matrix invoice format is not accepted. vii. The invoice must contain the following information: a. Legal Supplier Name and Address; b. Remit to Supplier Name and Address, if different; c. Applicable City Department business unit# (i.e. FW013) d. Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); e. Invoice number; f. Invoice date; and viii. Invoices should be submitted after delivery of the goods and/or services. 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@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 AccountsPayable@fortworthtexas.gov. 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. If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 The City's goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ FIN AccountsPayable@fortworthtexas.gov Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 22.3 Payment: All payment terms shall be "Net 30 Days" unless specified in the Proposal and agreed by the City. 23.0 PROTEST PROCEDURE Due to the subjective nature RFPs, the City does not allow for protests of RFP awards. If a Proposer believes that a procedural error has occurred, the Proposer should notify the buyer using the Bonfire Portal immediately. 24.0 COOPERATIVE PURCHASING i. The City has interlocal agreements with many other governmental entities that provides the ability for other entities to use the City's contracts, so long as Supplier/vendor agree to extend the same terms, conditions, and pricing to the other entities. Proposer, shall indicate in their Proposal whether they agree that to extend the terms, conditions, specifications, and pricing of its agreement with the City to other governmental entities. ii. If the successful Proposer agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities with interlocal agreements with the City shall be eligible, but not obligated, to purchase material/services under contract(s) awarded as a result of City solicitations. All purchases by governmental entities other than the City shall be billed directly to that governmental entity and paid by that governmental entity. The City shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed. 25.0 GENERAL PROVISIONS The Supplier shall not assign its rights or duties under an award without the prior written consent of the City. Such consent shall not relieve the assignor of liability in the event of default by its assignee. 26.0 SUBCONTRACTORS Proposers may include subcontractors for any part of services offered. City reserves the right at its sole discretion to accept or reject any proposal that includes subcontractors. Upon award of a contract, City reserves the right to pre -approve use of any and all subcontractors. 27.0 BEST AND FINAL OFFER The City at its sole discretion may elect to have Proposers that submit proposals deemed most advantageous to the City to prepare a Best and Final Offer for consideration by the Evaluation Committee. Contract negotiations will then be based on submitted Best and Final Offers. 28.0 ASSIGNMENT The Proposers shall not assign its rights or duties under an award without the prior written consent of the City. Such consent shall not relieve the assignor of liability in the event of default by its assignee. 29.0 ERRORS OR OMISSIONS The Proposer shall not be allowed to take advantage of any errors or omissions in this RFP. Where errors or omissions appear in this RFP, the Proposer shall promptly notify the City's Purchasing Division in writing of such error or omission it discovers. Any significant errors, omissions or inconsistencies in this RFP are to be reported no later than ten (10) days before time for the RFP response is to be submitted. 30.0 RIGHT OF ASSURANCE Whenever the City has reason to question the Proposer's intent to perform, the City may demand that the Proposer(s) give written assurance of Proposer's intent to perform. In the event a demand is made, and no assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the contract. 31.0 CHANGE ORDERS No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the resulting contract. [cjr�l�•/�IIJJ The contract/agreement(s) will be governed and construed according to the laws of the State of Texas. The contract(s) is performable in Tarrant County, Texas. Venue shall lie exclusively in Tarrant County, Texas. 33.0 CONFLICT OF INTEREST No public official shall have interest in this contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter 171. 34.0 INSURANCE For the duration of a contract resulting from this RFP, Proposer shall carry insurance in the types and amounts as negotiated in the final contract. 35.0 CONTRACT CONSTRAINTS AND CONDITIONS All goods and/or services shall be provided in accordance with applicable requirements and ordinances of the City, laws of the State of Texas, and applicable federal laws. The proposed contract has been provided with this RFP. However, all final terms and conditions will be negotiated with the awarded Proposer. 36.0 CHANGE IN COMPANY NAME OR OWNERSHIP The successful Proposer shall notify the City's Purchasing Division, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. FORTWORTH, CITY OF FORT WORTH- PURCHASING DIVISION —� •'� AUTHORIZED SIGNATURE AND CONTACT DETAHS RFP Ref. #: 25-0212 Doc. Ref#: RFP-03 Page 1 of 1 RFP Title: OM RiPVi'.t ogi90rvices Legal Name of Proposer: None DB/A Name of Proposer: Tri-Star Pipe hspection City of Fort Worth Bidder/Supplied Id or Federal Id Number (TIN): 75-2772516 A.t.lraaa- PO Box 172015, Arlington, TX 76003 Name of the Authorized Representative: Tom Lewis Title: President The undersigned, by his/her signature, represents that he/she is submitting a binding Proposal and is authorized to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet for this RFP and agrees to be bound by the terms therein. The undersigned agrees if the Proposal is accepted, to furnish any and all items and/or services upon which prices are offered, at the price(s) and upon the terms, conditions, and scope/specifications contained in this RFP. Signature of the Authorized Representative: TO L Email:'t842 &MR$9ffiffiTom Phone:4113 WN3 Name of Contact Person - 1: C"i%1:*t9 Title of Contact Person-1: DiftbMdhtiperations Email: to paolion.com Phone:983-9j%l9lde'93 Name of Contact Person - 2: Charles Luckey Title of Contact Person - 2: Operation Manager Email: Charles@tristarpipeinspection.com Phone: 972.816.5448 Name of Contact Person - 3: Title of Contact Person - 3: Email: vt,Anp- FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION PROPRIETARY INFORMATION, QUALIFICATION QUESTIONNAIRE, AND MANDATORY REQUIREMENTS RFP Ref. #: 25-0212 Doc. Ref#: RFP-07 Page 1 of 5 RFP Title: CCTV Inspection Services Legal Name of Proposer _Trinity Star Enterprises, Inc DBA Tri-Star Pipe Inspection 1.0 PROPRIETARY INFORMATION i. All material submitted to the City becomes public property and is subject to the Texas Public Information Act upon receipt. ii. If a Bidder does not desire information that it believes to be proprietary in the bid to be disclosed, the bidder must list each page number in the chart below and must clearly mark and identify each page by including the word "PROPRIETARY" in all caps and highlighted yellow on the bottom center of each page at the time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to the information that must be disclosed lies with the Texas Attorney General. Note: Pricing may not be marked proprietary and will be made publicly available in the form of a bid tab following evaluation of all bids. By submitting a response, Bidders agree that pricing is not proprietary and may be released. iii. Failure to identify proprietary information, as required in section 15.6 of "RFP-01 Instruction to Proposers," will result in all unmarked sections being deemed non-proprietary and available upon public request. Pages with information believed to be Proprietary Please indicate if only specific sections on the page are believed to be Proprietary 2.0 PROPOSEWS QUALIFICATION QUESTIONNAIRE The information provided on this questionnaire and in the Proposal, submittal will be used to determine the responsiveness of the Proposal. Please answer Page 1 of 5 FORT WORTH® CITY OF FORT WORTH - PURCHASING DIVISION PROPRIETARY INFORMATION, QUALIFICATION QUESTIONNAIRE, AND MANDATORY REQUIREMENTS RFP Ref. #: 25-0212 Doc. Ref#: RFP-07 Page 2 of 5 RFP Title: CCTV Inspection Services each question thoroughly. Answers may be provided on a separate sheet as long as each response is labeled according to the question. 2.1 Will the agreement be available for Cooperative Agreement use? Please refer to the Cooperative Purchasing clause in the "RFP-01 Instruction to Proposers" document. Yes�X No 2.2 Prompt Payment Discount Terms: N/A Percent N/A Days (i.e. 3% Net 15, etc.) 2.3 How long has your company been in business? _27 Years (Attach information that can be used to verify your years of experience.) 2.4 Can you respond to the City's request within 24 hours? YES X NO If not, please state your response time 24 to 48 hours excluding weekends and holidays 2.5 Do you have an email address that is regularly monitored? Email Address: tom@tristarpipeinspection.com w How often will emails be responded to? Multiple Times Daily 2.7 What are your business hours and days? _Monday through Friday 8-4 excluding holidays. By appointment 2.8 Please describe your warranty. Warranty only available on quality compliance. . Inspe tia'ri'"w�Ti'M=rJWRPiT=FdtPiTtTlgASSCD'-rGles Page 2 of 5 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION PROPRIETARY INFORMATION, QUALIFICATION QUESTIONNAIRE, AND MANDATORY REQUIREMENTS RFP Ref. #: 25-0212 Doc. Ref#: RFP-07 Page 3 of 5 RFP Title: CCTV Inspection Services 2.9 Please describe your personnel's experience with closed-circuit television inspection services. Use additional sheets if necessary. citv lines including Fort Worth TP/W inspections for utilif over Texas and Ok y contractors and for municipalities all oma. 2.10 Are your technicians certified with the National Association of Sewer Service Companies' Pipeline Assessment and Certification Program? YES X NO 2.11 Please attach photocopies of all applicable licenses and certifications. 2.12 How many trained technicians does your company have available to service this agreement? Tom Lewis Darren Cowling Additional techs will be added as needed 2.13 How many years of experience do your trained technicians have? We have combined expericnce of 22 years in mainline use and -5 yea-r9-i`n pipe inspections Page 3 of 5 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION PROPRIETARY INFORMATION, QUALIFICATION QUESTIONNAIRE, AND MANDATORY REQUIREMENTS RFP Ref. #: 25-0212 Doc. Ref#: RFP-07 Page 4 of 5 RFP Title: CCTV Inspection Services 2.14 Please list all available supplies and equipment your company has to service this contract. Use additional sheets if necessary. We have 2 CCTV trucks with Envirosight ROWER X camera systems, We use Wincan Software All necessary equipment to safely perform inspections We utilize Radiodetection locating equipment. 2.15 Please describe your company's approach to completing the services described in RFP-06-Evaluation Factors and Scope of Services? Once we have been informed of a project we will respond with our estimated response time. We will mobilize to the locations and perform the needed inspection per NASSCO guidelines. Using our years of experience we will conduct a full survey of the pipe noting any abnormalities and problems. If needed a line locate will be done marking the area. Once completed the inspection videos and report will be submitted through an online service or via a USB drive delivered to city hall or a designated representative. Page 4 of 5 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION PROPRIETARY INFORMATION, QUALIFICATION QUESTIONNAIRE, AND MANDATORY REQUIREMENTS RFP Ref. #: 25-0212 Doc. Ref#: RFP-07 Page 5 of 5 RFP Title: CCTV Inspection Services 3.0 DOCUMENTS REQUIRED FOR PROPOSAL TO BE CONSIDERED RESPONSIVE The following documents and information are required to be submitted to be considered responsive: 3.1 Completed RFP-02 Conflict of Interest Questionnaire 3.2 Completed RFP-03 Authorized Signature and Contact Details 3.3 Completed RFP -04 Reference Sheet 3.4 Completed RFP-07 Questionnaire and Requirements 3.5 All Signed Addendum(s) acknowledging receipt. Note: If no addendum is issued, please attach a page stating "No Addendum Issued" 3.6 Any other documents you feel are applicable to your proposal (optional) 3.7 National Association of Sewer Service Companies Pipeline Assessment Certification 3.8 Completed Bid Table (BT-58UW) 3.9 Completed W-9 Page 5 of 5 FORT WORTH., CITY OF FORT WORTH - PURCHASING DIVISION RFP - CIQ I RFP Ref. #: 25-0212 I Page 1 of 3 RFP Title: CCTV Inspection Services J CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. City of Fort Worth) must disclose in the Conflict of Interest Questionnaire Form "CIQ" the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. Bylaw, the Questionnaire must be filed with the City of Fort Worth Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at,https://www.ethics.state.tx.us/forms/conflict/ If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state the Proposer name in # 1, and use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. FORT WORTH CITY OF FORT WORTH - PURCHASING DIVISION RFP - CIQ I RFP Ref. #: 25-0212 Page 2 of 3 RFP Title: CCTV Inspection Services CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made io the law by N.B. 23, 94ih Leg., Regular Session. OFFICE USE ONLY E. questionnaire is being 'fled in accordance with Chapter 176. Local Govemment Code, by a vendor who Dal Aecava� has a business relationship as defined by Section 176.001(1-a) with a local governmental en ity and the vendw meek requirements under Section 176.9%(a). By law this questionnaire must be tiled with the records adminisiraior of the local grvememn'al entity not later than the 7th business day after the data the vendor becomes aware of tans tha require the statement to be filed See Section 176.006(a-1) L enJ Government Code A vendor commits an offense i1 the verldor IknarwhA violates Section 17G_Ul6, Local Government Code. An d"erase under this section is a a*sdemeanor u Narne of vendor who has a business relationship with focal governmental entity. Tri Star Pipe Inspection u ❑ Check this box if you are Tiling an update to a previously flied questionnaire. (The law requires 4tiat you File an updated completed questionnaire with to appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally led questionnaire was ncomplete or inaccurate.. 3 Nome of local government officer about whom the information is being disclosed_ None Name of C er I—� Describe eacli employment or other bus mess 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 Aand 6 ioreach ernploymentar business relationship descrlbed. Attach additional pages to th s Form CIO as necessary A. Is the local government officer or a family member of the o(ficar receiving or likely to recenre laxable income. other than investment income, from the vendor? El Yes V No B. Is the vendor receiving or likely to receive taxabte ncome, 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? DYes © hto uDescribe 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 d rector, or holds an ownership interest of one percent or more. 6 Check th'3 box if the vendor has given the local govern msnt officer or a fam iy momber of the officer One or more gifts as described iq Section 176.003(a)(2AB), excluding gifts descried n Section 176.003(a-1). u ��-vim President nee or vefroor cooing Dusiness wfrn me govermrlengl ermry a� Form provided by Texas Elhics Commission www.ethics.state_tx us Revised 1112021 FORT WORTH CITY OF FORT WORTH - PURCHASING DIVISION RFP - CIQ I RFP Ref. #: 25-0212 Page 3 of 3 RFP Title: CCTV Inspection Services CONFLICT OF INTEREST QUESTIONNAIRE For v ndor doing business with local governmental entity A complete copy of Chapter'. 76 of the Loca Government Code may be ford at http hwww.sta— es.legis.state.tx.uW sloes LG(htrr1LG_176.htm. For easy reference, below are some of the sec ons cited on this form. Local Government Code § 176.001(1-a): "Business relat unship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connec tion based on: (A) a Transaction that s subject to rate or fee regulation by a federal, state, or local governme tal entity or an agency of a federal sta e, or ocal gove mental 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 § 176.00300)(A)and 113): (a) A local government office sha file a conflicts d sclosure state mentw respect to avendor if: (2) thevendor: (A) has an employment or other bus ness relationship with the local government officer or a family member o* the officer that results n the officer or family member recev ng taxable income, other than investme-it income that exceeds S2 50p during the 12-month period preceding the date that the officer becomes aware that ;i) a contract between the local governmental entity andvendorhas been executed-, or (ii) the local governmental entity is considering entering into a contract with the venmr,, (B) has given to the local govemmen: oMcef or family member of the off icerone or more gifts that have an aggregate value of more than $100 in the t 2-month period preceding the date the officer becomes aware that: (0 a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity s considering enteri g into a contract with the vendor. Local Governrr►ent Code § 176.006(a) and (a-1) (a) A vendor shall the 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 relat onsh p 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 givers a local government officer of that local governmental entity, or a tam ly member of the officer, one or more gifts with the aggregate value specified by Section 176.063(a)(2)(B), excluding any g M described by Sect on 176.003(a-1); or (3) has a tam ly relationship with a local government officer of that local governmenta entity_ (a-1) The completed conflict of in*.eiest questionnaire must be filed with the appropriate records ad m nistrator not later than the seventh business day after the ater of: (1) the date that the vendor (A) beg ns discussions or negotiations to enter rite a centiact 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 ocal governmental entity; or (2) the date the vendor becomes aware (A) of an employment or other business re a onship with a local government officer or a family member of the officer desc ibed by S i.sectien (a): (B) that thevendor 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 Ether. Cornmessian whw_ethics.state_Ix.us Revised 1/112021 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Trinity Star Enterprises, Inc Subject of the Agreement: Reactive CCTV Inspections of Storm Drainpipes M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ® Ifonly speck information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 10/1/2025 Expiration Date: 9/30/2026 If diereni from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ® No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. FoxT�M. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Contract for Reactive CCTV Inspection of Storm Drain Pipes- Trinity Star Enterprises, Inc M&C: N/A CPN: N/A CSO: DOC#: 1 Purpose: This document is a vendor services contract far Trinity Star Enterprises, Inc. to conduct the reactive CCTV inspections of the storm drain pipes far FY 2026. Date: 10/16/2025 To: Name Department Initials Date Out 1. Elizabeth Camargo TPW- initial 2. Tom Lewis —Contractor M/24/2025 3. Shweta Rao, PgM TPW-Signature ph— 10/31/202 4. Stephen Nichols, Sr. CPO TPW-initial ^' 11/11/2025 5. Jennifer Dyke, AD TPW-initial s'^m 11/11/2025 6. Lamm Priem, Director TPW - Signature VMS,( 11/11/2025 7. Dmg Black Legal - signature 11/13/2025 g. Jesica McEachem CMO-signature QM 11/23/2025 9. Ratbrina Cmicola CSO - signature 10. TPW Contracts TPW 11. DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the touring slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: [—]YES [7kYo RUSH: [—]YES ❑No SAME DAY: [—]YES [—]No NEXT DAY: [—]YES []No ROUTING TO CSO: ®YES ❑No Action Required; File ❑ As Requested ❑ For Your Information ® Signmmc/Roming and or Recording ❑ Comment