CITY OF FORT WORTH / PURCHASING DIVISION INVITATION TO BID

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1 CITY OF FORT WORTH / PURCHASING DIVISION INVITATION TO BID NO PEST AND TERMITE CONTROL SERVICES BID CLOSING DATE: DECEMBER 8, 2011 For further information contact: Cristina Camarillo, Buyer (817) FAX (817) cristina.camarillo@fortworthtexas.gov INSTRUCTIONS TO BIDDERS Bids are solicited for furnishing the merchandise, supplies, services and/or equipment set forth in this solicitation. Completed Bids (one (1) executed original and one (1) copy) must be received in the Purchasing Office by 1:30 P.M., December 8, 2011, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be returned in a sealed envelope, addressed to the Purchasing Manager, City of Fort Worth, and have the bid number, closing date, and company name clearly marked on the outside envelope. Bids should be mailed or hand delivered to the following address: Purchasing Division, Lower Level, Municipal Building 1000 Throckmorton Street Fort Worth, Texas Bids to be delivered by special courier (i.e. Federal Express, Special Delivery, etc.) are to be marked BID MUST BE DELIVERED TO PURCHASING DIVISION BEFORE 1:30 P.M. in order to be considered. Late bids will be returned; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of this bid will be 90 calendar days after the bid opening date unless the bidder submits a different date. ( days). I have read and agreed with the attached Terms and Conditions, Instruction to Bidders and the Invitation to Bid requirements. Failure to complete the requested information below may result in rejection of your bid. Principal Place of Business (Defined as at least having one permanent active business office and employee located in Texas). Company Name and Address Company s Authorized Agent Signature: Federal ID Number(TIN) or Name and Title (Typed or Printed) Social Security Number and Legal Company Name Date Telephone Number Fax Number address: Cooperative Purchasing: Should other Governmental Entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricing would apply? Yes No If you, the Vendor checked Yes, the following will apply: Governmental entities within Tarrant County utilizing Inter-Governmental Contracts with the City of Fort Worth will be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation. All purchases by Governmental Entities other than the City of Fort Worth will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Fort Worth will not be responsible for another Governmental Entity s debts. Each Governmental Entity will order its own material/services as needed. Jack Dale C.P.M., CPPB Purchasing Manager

2 HOW TO REGISTER WITH THE CITY OF FORT WORTH Visit Click on Departments Choose Become A Vendor Review Terms & Conditions Click I Accept These Terms to proceed At next screen, click No, I Want to Register Click Register The first registration pop-up asks for your Federal ID# or Social Security Number and your company name. The company name MUST be the proper organization name and the same as on invoices you would present for payment to the City of Fort Worth. Follow through the screens by clicking Continue/Save at the bottom of each screen. The last screen will ask for your commodities (products and/or services that can be provided to the City). This information is used to send quotes/bid opportunities to you by and is also required in order to keep your account active. Enter a key word search for unknown commodity codes (example: janitorial) An address is required to register online If you selected Certified Minority you will be requested to provide a copy of your Minority/Woman Owned Business certification a copy of your company s IRS W-9 form to the City s vendor registration administrator at PurchasingBSO@fortworthtexas.gov. Your registration will not be activated until a completed W-9 is received and verified. Completed W-9s may also be faxed to the vendor registration administrator at Congratulations, you ve registered!! You will receive an with your registration confirmation. For any changes/edits to your vendor profile please the vendor registration administrator at PurchasingBSO@fortworthtexas.gov Bid Opening Date: December 8, 2011, Page 2 of 46

3 Page 1 of 2 BID SOLICITATION BID OPENING DATE AND TIME: 12/8/2011 1:30:00 PM BID NUMBER: Printed: 11/08/2011 BUYER: Cristina Camarillo PHONE #: (817) ext. DELIVERY REQUIRED: 12/8/2011 V E N D O R Vendor Name: Address: City, State Zip Code: S H I P T O City of Ft Worth VARIOUS DEPARTMENTS MULTIPLE DEPARTMENT ADDRESSES FORT WORTH TX Item Class-Item Quantity Unit Unit Price Total The City of Fort Worth seeks bids from qualified vendors to establish an annual agreement for pest and termite control services on an as needed basis in accordance with the specifications. The term of the Agreement shall be for a one-year (1) period with four (4) options to renew for additional one-year periods. SUBMIT PRICES FOR PEST CONTROL SERVICES ON THE PRICE SHEET (ATTACHMENT D) LOCATED WITHIN THE BID PACKAGE. ALSO, INCLUDE OVERALL TOTAL ON THE BID SOLICITATION SHEET Pest control services, per attached specifications. 1 YR Bees, Hornets and Wasps - Spot treatment. 5 EA Ants - Spot treatment. 10 EA Rodents - Spot treatment. 10 EA Roaches - Spot treatment. 10 EA Fire Ant - Spot treatment. 35 EA Miscellaneous Pests - Spot treatment. 5 EA Termite and carpenter ant control services, less than 20 linear feet, per attached specifications will be $ per linear foot. Estimated annual quantities are ten (10) for work orders less than 20 linear feet.

4 Page 2 of 2 BID SOLICITATION BID OPENING DATE AND TIME: 12/8/2011 1:30:00 PM BID NUMBER: Printed: 11/08/2011 BUYER: Cristina Camarillo PHONE #: (817) ext. DELIVERY REQUIRED: 12/8/2011 V E N D O R Vendor Name: Address: City, State Zip Code: S H I P T O City of Ft Worth VARIOUS DEPARTMENTS MULTIPLE DEPARTMENT ADDRESSES FORT WORTH TX Item Class-Item Quantity Unit Unit Price Total Termite and carpenter ant control services, over 20 linear feet, per attached specifications will be $ per linear foot. Estimated annual quantities are fifteen (15) for work orders over 20 linear feet All other pest control services and supplies will be purchase at % discount. TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN. QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS. WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN. QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS. TERM OF PAYMENT: COMPANY: DELIVERY: SIGNATURE: TELEPHONE NUMBER: NAME AND TITLE:

5 1.0 SOLICITATION CITY OF FORT WORTH PURCHASING DIVISION INSTRUCTIONS TO BIDDERS 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 Requests for explanations or clarifications may be faxed to the City s Purchasing Division at (817) The fax must clearly identify the Buyer s name and the Solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. 2.3 The following provisions are intended to ensure a fair and equitable review process so that there is no actual or potential situation where one bidder secures or attempts to secure an unfair advantage over another bidder or creates a situation where there is an appearance of impropriety in contacts between the bidder, its agent, contractor, or consultant and City officials After release of the Solicitation, no officer, employee, agent or representative of the Bidder 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 Solicitation, except as herein provided Contacts by the Bidder with City staff when such contacts do not pertain to a solicitation or bid are exempt from this provision. Examples include: Private (non-business) contacts with the City staff by the bidder s employees acting in their personal capacity; Presentations and/or responses to inquiries initiated by City staff If a representative of the Bidder has a question about any potential contact as described above, the Purchasing Manager will be notified in order to make a determination as to whether any contact is allowed in accordance with the solicitation If a representative of any Bidder submitting a bid violates the foregoing prohibition by contacting any of these parties, such contact may result in the Bidder being disqualified from the procurement process. Bid Opening Date: December 8, 2011, Page 5 of 46

6 3.0 PRE-BID CONFERENCE If a pre-bid conference is held, the time, place, and nature of the conference will be specified on the cover page of the solicitation. Attendance at pre-bid conferences is not mandatory. 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids submitted on other than the forms included in the Solicitation shall be considered nonresponsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 4.2 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City. 4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder s expense and risk, and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: Bids shall be firm priced offers unless otherwise specified Pricing shall be entered on the Bid Sheet in ink Totals shall be entered in the "Total Price" column of the Bid Sheet In the event of a discrepancy between unit price and extended price, the unit price shall govern Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security: If a bid security is required for this purchase, the requirement will be reflected in the Specification section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted, and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded To be an acceptable surety on the bond: The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. Bid Opening Date: December 8, 2011, Page 6 of 46

7 4.8 Alternate Bids: Bidders may offer an equal product as an alternate bid. Final approved equal determination remains with the City. 4.9 Proprietary Information: All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request Bid Preparation Costs: All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder Payment: All payment terms shall be Net 30 Days unless specified in the bid document. 5.0 SUBMISSION OF BIDS Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City s website at Copies: Unless otherwise specified, Bidders are required to submit an executed original and one (1) copy of the Bid. 5.2 Documents required with Bid: The following documents must be submitted with each Bid prior to the Due Date: The signed Offer and Award Sheet; The Bid Sheet; and Any other document included in the Solicitation requiring completion or execution by the Bidder. 5.3 If a Minority and Women Business Enterprise (M/WBE) goal has been established on the bid, the applicable documents must be submitted five (5) City business days after the bid opening date, exclusive of the bid opening date. The Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 5.4 Addendum: Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date and Time. The Addendums containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder s name, address, the Solicitation number, and the Due Date and time. 5.5 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stamp clock on the receptionist s desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder. Bid Opening Date: December 8, 2011, Page 7 of 46

8 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn in writing, telegraphically, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the Due Date. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall confirm the time and announce the Bid opening. The representative shall then personally and publicly open all Bids timely received, reading each bid aloud. 8.0 EVALUATION FACTORS AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an all or none award may be considered if a single award is advantageous. 8.2 Award: The City will award contracts to the bidder who offers represents the best value to the City, price and other factors considered The following criteria may be considered to determine the best value (see section of the Texas Local Government Code): Purchase Price; Reputation of the bidder and of the bidder s goods or services; Quality of the bidder s goods or services; Extent to which the goods or services meet the City s needs; Bidder s past relationship with the City; 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; Total long-term cost to the City to acquire the bidder s goods or services; and Any relevant criteria specifically listed in the request for bids or proposals Total long-term cost may include specification conformance, delivery requirements, the life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, warranties and other factors contributing to the overall acquisition cost of the product/services. 8.3 Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order or a Contract. Subsequent purchase releases may be issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. Bid Opening Date: December 8, 2011, Page 8 of 46

9 8.4 Reservations: The City expressly reserves the right to: Specify approximate quantities in the Solicitation; Extend the Solicitation opening date and time; Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); Add additional terms or modify existing terms in the Solicitation; Reject a bid because of unbalanced unit prices bid; Reject or cancel any or all Bids; Reissue a Solicitation; Procure any item by other means; and/or Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 9.0 POST-BID DOCUMENTS REQUIRED FROM SUCCESSFUL BIDDER 9.1 Certificates of Insurance: When insurance is required, the Bidder 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. 9.2 Payment and/or Performance Bonds: When Payment and/or Performance Bonds are required, the Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.3 Minority and Women Business Enterprise (M/WBE) Documents: If an M/WBE goal has been established for the bid, the applicable documents must be submitted within five (5) City business days after the bid opening date, exclusive of the bid opening date. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. Revised September 12, 2007 Bid Opening Date: December 8, 2011, Page 9 of 46

10 SPECIFICATIONS FOR PEST AND TERMITE CONTROL SERVICES 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids from qualified vendors to provide pest and termite control services at various City building and facilities. 1.2 The term of the Agreement shall be for a one-year (1) period, with four (4) options to renew for additional one-year periods. However, if funds are not appropriated, the City may cancel the agreement 30 calendar days after providing written notification to the successful bidder, known hereafter as Vendor. 1.3 Bidders are responsible for familiarizing themselves with the work to be performed and should inspect all locations prior to submitting bids in order to be fully aware of the scope of the services required. Failure to inspect the jobsites will not relieve the successful bidder(s) from performing in accordance with the strict intent and meaning of the specifications at the awarded bid price. There will be no additional cost to the City of Fort Worth. 2.0 MONTHLY PEST CONTROL SERVICE 2.1 Pest control service is designed to meet the specific needs for the control of insects, spiders, rodents, and other domestic pests (see Attachment C) by complete coverage of all possible areas of infestation in and around specified buildings (see Attachment D). The specifications cover and include the furnishing by the Vendor of all professional services, labor, material, insecticides, tools, equipment, insurance, permits, and licenses necessary to accomplish the pest control, herein after described and use the most modern and professional pest procedures according to industry practices. 2.2 Variance to any portion of this specification must be noted within the bid submittal. All variations from the specifications must be identified in writing. 2.3 Services provided within this Agreement shall include the control of all pests, including but not limited to, crickets, roaches, silverfish, ants, fleas, ticks, spiders, scorpions, rats, mice, bees, etc. 2.4 Areas to be treated in each building shall include, but not limited to, the following: All common areas Food preparation and serving areas Restrooms, corridors, private offices, storage, mechanical rooms, and stairways The outside perimeter of buildings up to five feet Floors, doors, foundation, offices, restroom facilities and lunchroom areas. 2.5 Vendor is encouraged to inspect the areas prior to submitting bid in order to be fully aware of the scope of services required. Failure to do so will not relieve the successful bidder from performing in strict accordance with the specifications at no additional cost to the City. Personnel at each location will show the Vendor the areas to be treated by appointment only. 2.6 Reduced impact products should be used, with an emphasis on control from building exterior. (Bid submittal must include a listing and description of specific products proposed for use, with application rates, and application methods. Any changes to products, formulations and rates, during the Agreement period, must be communicated in writing to the City). 2.7 All per unit pricing for any additional properties added after award shall be comparable to bid pricing based on facility dimensions. Bid Opening Date: December 8, 2011, Page 10 of 46

11 2.8 All equipment, materials, and chemicals used by the Vendor are to be of the highest standard and must meet all state, and federal pesticide standards and regulations. 2.9 Rodent Control The services shall include the use of bait stations and poisons used in the pest control trade for the treatment and control of mice and rats. Vendor will be responsible for providing and installing bait stations where needed at no additional cost to the City Solid rodent control baits shall be placed in tamper- resistant, labeled bait stations All rodent control stations shall be locked and require special key for access All rodent bait will be placed in areas where an infestation is present or likely to occur, such as along walls, side service doors, and/or in storage areas Mechanical traps and/or glue boards will be utilized in any food preparation area Insect and Spider Control All interior building areas are to be serviced Non-residual aerosols may be used during inspection and treatment to determine if an infestation is present, and the specified area where treatment is to be rendered Liquid residuals to be applied in cracks and crevices or in a spot application in non-food areas, and in areas with minimal heat and humidity Residual dusts are to be applied in void areas Residual aerosols are to be applied using a crack and crevice injection system to areas where excessive heat and humidity are present, in food preparation areas, and any other areas as deemed necessary by the Vendor, in order to gain and/or maintain an effective control program Insect baits are to be used, when necessary to treat areas with sensitive electrical, and/or computerized equipment Exterior perimeter treatment will be performed for each treatment cycle. This shall include treatment of the entire building perimeter, pedestrian walkways and built up walkways All treatment schedules must be approved by the City; and any variation from these schedules will be communicated, by the Vendor, to the designated City contact no less than 24 hours from the scheduled treatment date Vendor shall respond and perform re-treatments, as requested by the City, within two (2) business days after receipt of such notice for re-treatment at no extra charge to the City if infestations are found during the period between monthly services Unsatisfactory services shall be re-performed within two (2) business days after receipt of notice at no expense to the City Bidder is advised that all appropriate safety precautions must be taken. A few locations may require periodic treatment to building grounds and/or trash/garbage areas by request. Bid Opening Date: December 8, 2011, Page 11 of 46

12 2.15 Following the award, additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added Vendor shall submit a price list of additional pest control services they provide with their bid Spot treatments will be on an as need basis and shall be comparable to bid pricing Vendors must include Material Safety Data Sheets (MSDS) with the bid, including Chemical Abstract Service (CAS) number. It is also the Vendors responsibility to provide any updates or revisions of MSDS, as they may become available for any products sold and delivered to the City of Fort Worth. 3.0 TERMITES AND CARPENTER ANTS 3.1 The Vendor shall provide all supplies, materials, equipment, labor, supervision, management, and transportation necessary to provide elimination of any termite and carpenter ants infestations and provide those measures necessary to prevent a reinfestation for the duration of the Agreement period. 3.2 Vendor is required to re-inspect the area treated within one year of the treatment date and any infestation found will be treatment at no additional cost to the City. 3.3 SCHEDULING - Termite inspection and treatment services shall be on an as needed basis and must be approved by the City. All building areas shall be serviced by request when deemed necessary by the City Vendor shall schedule treatment services within 72 hours of all requests In the event climate or weather conditions become unsuitable for work or may induce an environmental hazard, then the entire work shall be rescheduled to a date and time satisfactory to the Vendor and the City. Postponement will not reflect any penalties assessed to the Vendor, nor should there be any additional cost to the City. 3.4 SERVICES - Termite and carpenter ants inspection and treatment services required of the Vendor are as follows: Inspection to determine treatment measures that are appropriate and required Evaluation of control measures through follow-up inspections In addition to the above, termite and carpenter ant inspection and treatment services are to be performed on the immediate outside surrounding area of the building(s) grounds (exterior), extending out at least 6 inches from the buildings exterior walls or to within the drip line Unsatisfactory services shall be re-performed in a timely manner and at no expense to the City. 4.0 CHEMICAL PRODUCTS 4.1 Each Vendor will submit with bid, the following information regarding all chemical products proposed for use under this agreement Name of proposed products, manufacturers name, and a list of all chemical components, with CAS numbers for each chemical compound Proposed application rates and quantities to be used during any treatment cycle Current MSDS information for each proposed product. Bid Opening Date: December 8, 2011, Page 12 of 46

13 4.1.4 Written description of proposed treatment plan for all pests covered within the Agreement. 4.2 All products proposed are subject to approval by the City of Fort Worth. 4.3 Vendor shall maintain a complete treatment log and application record for all properties within this bid. These records shall be made available to the City upon request. 4.4 All pesticide applications may be done during normal business hours, unless otherwise requested and/or approved by the City. Vendor is responsible for insuring proper pest control signage and notification. All application-posting procedures are to be followed, according to State Pesticide Application and State and Federal Right-to-Know statutes. 4.5 Along with bid submittal, Vendor must provide a complete list of chemicals to be utilized in their proposed service. Current labels and MSDS information must be submitted to the City prior to application. 4.6 Vendor must advise the City, in writing, of any changes in the pesticides proposed in the original bid submittal. Vendor shall not proceed with any work until written authorization is receive for the City of Fort Worth. 4.7 Vendor shall comply with all pesticide application requirements as set forth by the City, the Texas Structural Pest Control Services, through the Texas Department of Agriculture (whichever is applicable), the Texas Natural Resource Conservation Commission, the Federal Environmental Protection Agency (EPA), and all manufacturers instructions provided with chemicals on labels and/or in accompanying brochures. If the chemical mix being used is questionable, the appropriate regulatory agency will be requested to check and verify requirements. 4.8 All equipment used by the Vendor for pesticide application must be approved by the Texas Structural Pest Control Services, through the Texas Department of Agriculture and must comply with all applicable State, Federal and Occupational Safety and Health Administration (OSHA) regulations. 4.9 All pesticides shall be mixed and applied in strict accordance to manufacturer s EPA registered labels The chemicals used must not leave a visible residue on the furniture, baseboards, walls, etc. in any occupied areas of the buildings. 5.0 VENDOR QUALIFICATIONS 5.1 Vendor will furnish with bid, a current and valid copy of Texas State Applicators License, for all personnel directly involved with pesticide application at the City of Fort Worth facilities. In the event that the license expires during the term of the Agreement, it will be the Vendor s responsibility to provide the City with a copy of the updated license within fifteen (15) days of renewal. Failure to provide this information will be grounds for immediate contract termination Applicators License should have license number and expiration date. 5.2 Local Office Vendors for this agreement shall maintain a local (DFW Metroplex) office, and provide evidence of personnel, equipment, maintenance facility, and administrative office availability to provide local professional services for performance of this Agreement. Travel distance and response time will not excuse the Vendor from completing scheduled work within set specific time frames. Bid Opening Date: December 8, 2011, Page 13 of 46

14 6.0 INSURANCE REQUIREMENTS 6.1 The Vendor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Vendor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance Failure to provide such information within five (5) calendar days may be grounds for agreement termination. 6.2 Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Vendor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10% Statutory Workers Compensation Insurance and Employer s Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease Policy limit $100,000 Disease Each Employee This coverage may be written as follows: Workers Compensation and Employers Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers Compensation Act (Art et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent vendors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned The Vendor shall furnish the Purchasing Manager, with a certificate of insurance documenting the required insurance prior to the commencement of services Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice of cancellation, material change in coverage, or non-renewal of coverage Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear (ATIMA). Bid Opening Date: December 8, 2011, Page 14 of 46

15 7.0 ADDITIONAL INSURANCE REQUIREMENTS 7.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Vendor s insurance policies excepting employer s liability insurance coverage under Vendor s workers compensation insurance policy. 7.2 Certificates of insurance satisfactory to the City and Worker s Compensation Affidavit must be received before Vendor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Vendor shall provide complete copies of all insurance polices required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division 1000 Throckmorton Street Fort Worth, Texas Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event of non-payment of premium. 7.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 7.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10, per occurrence unless otherwise approved by the City. 7.6 Other than worker s compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. 7.7 Workers compensation insurance policy(s) covering employees of the Vendor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 7.8 City shall not be responsible for the direct payment of insurance premium costs for Vendor s insurance. 7.9 Vendor s insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery While the purchase order is in effect, Vendor shall report, in a timely manner, to the Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss Vendor s liability shall not be limited to the specified amounts of insurance required herein. Bid Opening Date: December 8, 2011, Page 15 of 46

16 8.0 CALL BACK REQUIREMENT 8.1 When a problem is found by the City and notification is forwarded to the Vendor, a verbal acknowledgement of the notification is required by a representative of the Vendor s company within two (2) hours. The Vendor is to correct each problem within one (1) working day of notification. If cases require going with outside sources, the charges for those services shall be deducted from the successful bidder's monthly payment for failure to perform in keeping with the terms of this Agreement. 9.0 SPECIAL PROVISIONS - The Vendor shall adhere to the following provisions in performing pesticide applications of the areas specified below: 9.1 Food Handling Areas Treatment of these areas is limited to only times when food is not being held, processed, prepared, served, and while not occupied by facility employees. 9.2 Occupied Areas Vendor shall utilize pesticides with as low as volatility and as odor free as possible in order to keep odor levels form affecting occupants HAZARDOUS CONDITIONS 10.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City property The Vendor shall not dispose of any excess pesticide containers or any other materials contaminated by pesticides at any City location No pest control materials or equipment shall be stored or kept at any facility when the operator is not working REQUIRED VENDOR REPORTING 11.1 Vendor personnel shall report to facility supervisor or his/her designee upon arrival at the facility. All work is to be performed according to scheduling unless otherwise approved by the City Vendor shall provide the following information, as a minimum, for each site prior to any pesticide application: Consumer Information Sheet; and Notice of Pest Control Treatment 11.3 After treatment, when the facility being treated is occupied, Vendor will provide the facility staff with a written statement explaining how long facility staff and users should wait before it is safe to re-enter the treated area. If the facility is not occupied, a notice will be placed on the main entrance door to warn facility staff and users not to enter the treated area prior to a specific time, when it is safe to enter the facility. The notice will be dated and signed by the Vendor personnel posting the notice Vendor shall complete and submit to the designee, a service report of all services performed during the site visit The Vendor is responsible for supplying, completing, and submitting all reports required or requested by Federal, State, and/or local ordinances which pertain to any duties contained in the Agreement. Bid Opening Date: December 8, 2011, Page 16 of 46

17 11.6 The Vendor shall furnish any facility, prior to initial application of pesticides, the trade names (if any), and chemical names of the chemicals proposed for use and a label showing the contents, the use strength of the chemical as applied and the antidote thereto. Vendor should furnish the same information each time he/she changes chemicals or products used in the performance of this agreement. This information is required for emergency treatment in the event of ingestion and/or contact with the material by humans. MSDS are also required for each product used by the Vendor. MSDS (2 copies for each product) should be provided to the facility designee prior to use of each chemical product Vendor shall provide detailed listing, application rates, MSDS and CAS information for all proposed chemical pest control products QUANTITIES The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee providing a purchase order number and a release number and then received as required and accepted by the City PERFORMANCE - Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect COMPLAINTS - Complaints processed through the City Purchasing Division are to be corrected within fourteen (14) days of formal notice of complaint. Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the cancellation of the applicable line item(s) in the price agreement UNIT PRICE ADJUSTMENT 15.1 The unit prices may be adjusted for increases or decreases in Vendor s cost during the renewal period but before the effective date of the renewal upon written request from the Vendor At the time the City exercise the renewal options, the Vendor may request a rate adjustment in an amount not to exceed the current Consumer Price Index (CPI) rate of the original contract rate price or subsequent renewal rate price The Vendor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request If the City concludes that the rate increase being requested is exorbitant, 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 will issue a new solicitation Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern For no reason shall the Vendor suspended services without giving a thirty (30) day prior written notice to the Purchasing Manager. Bid Opening Date: December 8, 2011, Page 17 of 46

18 16.0 INVOICES 16.1 All invoices should be submitted directly to the requesting department. It is the responsibility of the Vendor to get the name of the responsible person, telephone numbers and address of the department at the time the service is requested. The requesting department is required to issue a release purchase order number to the Vendor during the process A properly prepared invoice shall be typewritten or computer printed and shall include the Vendor s name, invoice number, address, date, service or item description, unit price, extended cost, City issued purchase order and release number. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Vendor for correction and re-submittal The Vendor shall submit corrected/revised invoices within seven (7) calendar days of notification from the City SUBCONTRACTING No subcontracting of the work under this Agreement will be allowed IDENTIFICATION 18.1 Each employee of the Vendor shall be identified by photograph identification badge and uniform readily identifying the worker as an employee of the Vendor s firm. Each employee must be so identified at all times while performing work in any City facility Family members and/or friends of the Vendor s firm designated employees are not allowed to accompany them on the job site WARRANTY 19.1 The Vendor warrants and guarantees the part(s), material(s), and/or service(s) against any defects or failures to operate satisfactorily The Vendor shall provide a warranty to include at a minimum, but not limited to the following: In addition to any other warranties in this purchase, the Vendor warrants that all work and products supplied in this purchase conforms to the specification requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Vendor or any supplier at any tier Vendor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines "prompt" repair or replacement to be within twenty- four (24) hours after notification by authorized City personnel This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City The Vendor shall remedy at the Vendor s expense any non-conforming or defective products or work. In addition, the Vendor shall remedy at Vendor s expense any damage to real or personal property owned by the City of Fort Worth, when that damage is the result of a defect of products furnished The Vendor s warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. Bid Opening Date: December 8, 2011, Page 18 of 46

19 The City of Fort Worth shall notify the Vendor, within a reasonable time after the discovery of any failure, defect, or damage If the Vendor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Vendor s expense This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this purchase, the Vendor shall: Obtain all warranties that would be obtained in normal commercial practice; Enforce all warranties for the benefit of the City of Fort Worth VILLAGE CREEK WASTEWATER TREATMENT PLANT 20.1 Vendors interested in bidding the Water Village Creek Wastewater Treatment Plant must submit a list of all pesticides, control devices, and their applications to be used with their bid Chemicals such as Tetracalorvinphos, Tetraetaylpyrophospates, Diazinon, and Malation shall be used. The Water Department s Village Creek Wastewater Treatment Plant must approve any Organophosphate pesticide before they can be used Services will be performed at the Water Village Creek Wastewater Treatment Plant, supporting buildings, to include basements, and designated areas located at 4500 Wilma Lane, Fort Worth, Texas Vendors may inspect these areas by contacting Tim Cain at or Paula Hahn at The awarded vendor will be required to sign in at the administration reception area upon entering the plant grounds and a plant designee will be notified of their presence Plant personnel must accompany the awarded vendor during applications For Arthropod control: The awarded vendor will be required to do a through survey of the building(s) to identify areas of insect harborage and treat those areas accordingly, apply granules around perimeter of building(s) when necessary at no additional cost to the City PERFORMANCE BOND - A performance bond is required within TEN (10) WORKING DAYS after award of an Agreement. The performance bond shall equal 5% of the total annual cost Example: Total Annual Cost = $100, x.05 = $5, (Amount of Performance Bond) 21.2 Failure to provide this information will be grounds for immediate agreement termination INSPECTION 22.1 The ordering department will be responsible for making inspections, monitoring the Vendor's activities and ensuring the work is performed in accordance with the Agreement specifications. The designee shall record, process and submit all pertinent information to the Agreement file for determination of termination of Agreement or for non-renewal. Copies of documents related to inadequate performance will be submitted to the Purchasing Department. Bid Opening Date: December 8, 2011, Page 19 of 46

20 In the event the Vendor fails to perform according to the terms of this Agreement, the Department head or his/her designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor s deficiencies. A written cure notice will be prepared giving the Vendor ten (10) calendar days to cure any deficiency In the event the Vendor continues with unsatisfactory performance, the Purchasing Manager or his/her designee who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default The City reserves the right to terminate this Agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers to cease work. Payment to the Vendor will be based on actual quantities of work performed and accepted by the City SECURITY REQUIREMENT 23.1 The Vendor shall abide by all City security procedures, rules and regulations, and shall cooperate with City security personnel The Vendor shall provide a work schedule for each employee assigned to work at a City of Fort Worth Police Department facility in advance of the work week Under no circumstances shall the Vendor assign personnel who are not legally authorized to work in the United States of America Vendor shall provide I-9 forms for each employee assigned to the City Agreement, and documentation supporting the submission of said forms Vendor shall provide all, if any, No-Match letters from the Social Security Administration The Vendor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a list of all personnel assigned to the City Agreement, including driver license and social security numbers Failure to provide such information within five (5) calendar days may be grounds for agreement termination The Fort Worth Police Department may issue a City identification badge identifying the worker as an employee of the Vendor s firm. The City identification badge shall be visibly worn at all time during the performance of work at all Police Department facilities INTOXICANTS AND ILLEGAL DRUGS The use of any kind of intoxicants while on duty or use of illegal drugs at any time by the Vendor's employees shall constitute grounds for termination of this Agreement by the City Vendor s employees shall not bring intoxicants or illegal drugs onto City property BACKGROUND INVESTIGATIONS Vendor s personnel shall have criminal background check performed prior to being placed on City Agreement. Bid Opening Date: December 8, 2011, Page 20 of 46

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