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HomeMy WebLinkAboutContract 54809 CSC No.54809 VENDOR SERVICES AGREEMENT WATER DAMAGE MITIGA TION SER VICES This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through its duly authorized Assistant City Manager, and American Technologies, Inc. ("Vendor"), and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the"parties." AGREEMENT DOCUMENTS: This Agreement and supporting documents shall include Exhibit A—City of Fort Worth Bid Offer Sheet (in its entirety) and Vendor's incorporated Response thereto and Exhibit B — Verification of Signature Authority. Exhibits A and B,which are attached hereto and incorporated herein,are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Water Damage Mitigation Services. Exhibit A more specifically describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on the Effective Date, as established herein, and shall expire on September 30,each year, unless tenninated earlier in accordance with this Agreement. City shall have the option, in its sole discretion,to renew this Agreement under the same terns and conditions, for up to four (4) one-year(October 1-September 30)renewal options. 3. COMPENSATION. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit A. Total payment per term made under this Agreement shall not exceed the amount of(S225,000). Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-aEpropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. Vendor Services Agreement OFFICIAL RECORD Page 1 of 12 CITY SECRETARY FT.WORTH, TX 43 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason,Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement.In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 53 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way.Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor shall,in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor agrees that City shall, until the expiration of three (3)years after final payment under this contract, or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records,including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation Vendor Services Agreement Page 2 of 12 of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Vendor or any officers,agents,servants,employees or subcontractor of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION-VENDOR HEREBYCOVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND 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/OR PERSONAL INJURY,INCL UDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement.If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or(b)modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or Vendor Services Agreement Page 3 of 12 documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its primary duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment,the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract for primary duties,such subcontractor shall execute a written agreement with Vendor referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Insurance requirements are found in Exhibit A. 11. COMPLIANCE WITH LAWS ORDINANCES,RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, 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 shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by electronic means with confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: Vendor Services Agreement Page 4 of 12 To CITY: To VENDOR: City of Fort Worth ATI Restoration LLC Attn: Dana Burghdoff,Assistant City Manager 3360 La Palma Ave 200 Texas Street Anaheim,CA 92806 Fort Worth, TX 76102-6314 B:800-400-9353 Facsimile: (817)392-8654 F:714-283-9995 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES, Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor,any person who is or has been employed by the other during the tenn of this Agreement,without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in perforamance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the Vendor Services Agreement Page 5 of 12 public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any govermnental authority, and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement including its. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. n r extension of this Agreement shall be binding upon a arty hereto No amendment,modification, o gr g p p unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including its Exhibit, contains the entire understanding and agreement between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the salve instrument. 25. WARRANTY OF SERVICES. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30)days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b)refund the fees paid by City to Vendor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services_ VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, Vendor Services Agreement Page 6 of 12 VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, n t the copyright, at ent trademark trade secret and all other proprietary and all copies thereof, and in and o p p P ry 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 he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit B. 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 shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Vendor unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Vendor has 10 or more full time-employees and the contract value is S100,000 or more,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that if Vendor Services Agreement Page 7 of 12 Chapter 2270,Texas Government Code applies,Vendor: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of 20_,to be effective as of the date subscribed by the City's Assistant City Manager("Effective Date"). (signature page and exhibits follow) Page 8 of 12 Vendor Services Agreement I ACCEPTED AND AGREED: CITY OF FORT WORTH: VENDOR: Dana Burghdoff("6" "6cs1) By: Name: Dana Burghdoff By; Name: Title: Assistant CityManager TitI . g �. 1 e�xw. i 77i J i Date: Date: �L�i"e� v-L� /&�, APPROVAL RECOMMENDED: Chjjph r Harder e <fa de By: Christopher Harder(Nov 6,2020 10:11 CST) Name: Christopher P. Harder Title: PE Director Water Department 4.d44URn� •bp F�RT��a O S*. , °° ATTEST: ° o�d �0 Pvoo=d did* � By: I% // � �aa4 h�A6 A54p Name: Mary J. Kayser Title: City Secretary APPROVED AS TO FORM AND CONTRACT COMPLIANCE MANAGER: LEGALITY: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, DE / including ensuring all perfonnance and reporting By: Mack(Nov 6,202011:15 CST) requirements_ Name: Douglas Black Title: Assistant City Attorney Ll%ff e�ly /-�ODG By: Kimberly Pool(N 4,202008:41 CST) CONTRACT AUTHORIZATION: Name: Kimberly Pool M&C: 20 _ O S? Title: Administrative Services Coordinator DATE: CL_ 1295: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Vendor Services Agreement Page 9 of 12 EXHIBIT A SCOPE OF SERVICES 70 pages attached behind this cover sheet. Vendor Services Agreement—Exhibit A Page 10 of 12 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFW01-20-0168 1 Event Round Version 1 1 Event Name ITB Water Damage Mitigation Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 24 2020 09:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth (City)seeks bids to establish an Annual Agreement for Water Damage Mitigation Services for the Water Department per the attached specifications. Unit price shall include all cost associated including but not limited to delivery, installation,travel, materials,freight and/or fuel charges.No additional charges will be accepted or paid by the City Terms & Conditions No pre-bid conference will be held. **Vendors interested in bidding on this event shall register with the City of Fort Worth" Bids are solicited for furnishing the supplies,services and equipment as set forth in this solicitation. Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by the above'FINISH TIME", and then publicly opened and read aloud at 2:00 P.M.in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: 1. Mail: City of Fort Worth, Purchasing Division, Lower Level, City Hall,200 Texas Street, Fort Worth,Texas 76102-6314 2. Hand delivered from 8:30am 1:30pm on Thursdays at the South End lobby of City Hall. 3.To submit a bid earlier, please call Purchasing at 817-392-2462 to make an appointment for Purchasing to pick up the bid, Monday through Friday between 8:30am-5:00 pm, at the South End Lobby at City Hall. Bids delivered by special courier(i.e. Federal Express,Special Delivery etc.)are to be marked on the outside of the couriers shipping envelope BID No.20-0168, ITB-Water Damage Mitigation Services AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;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, conditions and scope/specifications contained in this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date. Cooperative Purchasing: Should other Governmental entities decide to participate in this contract,would you,the Vendor,agree that all terms,conditions,specifications,and pricing shall apply(see Section 13, Part I)? Yes No CONTENTS ITB BID OFFER SHEET"-Cover Page of Final Bid Document V1 and attached as separate document Part I Specific Bid Information Part II Instructions to Bidders Part III Specific Terms and Conditions Part IV General Terms and Conditions Part V Attachments A-J Part VI Draft Service Agreement ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 1 of 68 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFW01-20-0168 2 Event Round Version 1 1 Event Name ITB Water Damage Mitigation Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 24 2020 09:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: Company Address: City, State,Zip: Vendor Registration No. Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: Federal Identification Number(FID)# ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 2 of 68 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFWO1-20-0168 3 Event Round Version 1 1 Event Name ITB Water Damage Mitigation Services Submit TO: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 24 2020 09:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qty Unit UnitPrice Total Emergency Restoration Water Extraction 21000.00 SF Line: 2 Description: Qty Unit UnitPrice Total Dehumidifier,Rental,Small,Min of 3 days 90.00 EA Line: 3 Description: Qty Unit UnitPrice Total Dehumidifier,Rental,Medium,Min of 3 days 90.00 EA Line: 4 Description: Qty Unit UnitPrice Total Dehumidifier,Rental,Large, Min of 3 days 90.00 EA Line: 5 Description: Qty Unit UnitPrice Total Drying Fans,Rental,Minimum of 3 days 90.00 EA Line: 6 Description: Qty Unit UnitPrice Total Air Scrubber,Rental,Min of 3 days 60.00 EA Line: 7 Description: Qty Unit UnitPrice Total Wall Cavity Machine,Rental,Min of 3 days 65.00 EA F Line: 8 Description: Qty Unit UnitPrice Total Environmental Protection Agency(EAP) 21000.00 SF Registered Biocide Application F ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 3 of 68 FORT WORTH. WORTH`11111� CITY OF FORT I Event ID Page Invited: BIDDERS CFW01-20-0168 4 Event Round Version 1 1 Event Name ITB Water Damage Mitigation Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 24 2020 09:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qty Unit UnitPrice Total Cover Base Removal 21000.00 LF Line: 10 Description: Qty Unit UnitPrice Total Glued Contaminated Carpet Removal and 21000.00 SF Disposal Line: 11 Description: Qty Unit UnitPrice Total Un-Glued Contaminated Carpet Removal and 21000.00 SF Disposal Line: 12 Description: Qty Unit UnitPrice Total Contaminated Carpet Padding Removal and 21000.00 SF Disposal Line: 14 Description: Qty Unit UnitPrice Total Emergency Response,Minimum,After Hours Trip 10.00 EA Line: 15 Description: Qty Unit UnitPrice Total Set Up and Removal of Equipment(Total for 20.00 EA both Actions)Block and Pad Furniture(when applicable),price per piece Line: 16 Description: Qty Unit UnitPrice Total Moving Furniture per man/per hour 20.00 HR Line: 17 Description: Qty Unit UnitPrice Total Block and Pad Furniture(when applicable), 60.00 EA price per piece Line: 18 Description: Qty Unit UnitPrice Total Drill Weep Holes 5.00 EA ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 4 of 68 FORT WORTH. '111.� CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFW01-20-0168 5 Event Round Version 1 1 Event Name ITB water Dama e Mitigation Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 24 2020 09:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 19 Description: Qty Unit UnitPrice Total Emergency Restoration-sewage Extraction 21000.00 SF (normal circumstances up to 2 inches deep) Line: 20 Description: Qty Unit UnitPrice Total Emergency Restoration-sewage Extraction 21000.00 SF (normal cirucrostances up to 2 or more inches deep) Line: 21 Description: Qty Unit UnitPrice Total Emergency Rebuild Sewage or Water 21000.00 SF Total Bid Amount: ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 5 of 68 ATTACHMENT A SPECIFICATIONS FOR WATER DAMAGE MITIGATION SERVICES 1. SCOPE 1.1. The City of Fort Worth Water Department, hereinafter referred to as City, seeks bids from qualified Contractors, to furnish all services,supervision, labor, supplies, tools, and equipment necessary to immediately provide Water Damage Mitigation Services. Buildings designated by City shall receive such services, after water or sewage from City main breaks, sewer overflows, or sewer backups, etc. 1.2. On average, the City experiences 3-5 Water Damage Mitigation events per year, involving 1- 5 properties per event. Rarely, an event might involve as many as 10-15 properties. As stated in Section 6 below, all quantities listed in these specifications are only estimates, and they are not intended to guarantee future business. 1.3. This is a multi-year, non-exclusive, multiple Contractor contract for rapid, on-site water damage mitigation, including assessment, item moving, extraction, drying and dehumidification, cleaning and sanitizing, and restoration of drywall and molding affected by water and/or mitigation activities. The terms and conditions contained herein shall apply to this"Water Damage Mitigation Services"contract,hereinafter referred to as the Agreement. 1.4. The term of this Agreement shall be for one(1)year,with four(4) one-year options to renew. However, if funds are not appropriated, City may cancel the Agreement 30 calendar days after providing written notification to the contracted Contractors. 1.5. Contractor(s) may add service line items of the same general category, along with their unit costs, to the discount bid and price sheet provided with the bid. These additional services may be utilized at the City's discretion. 1.6. Contractor(s) shall not increase the price of items in the contract nor add items to the contract without approval from the City. 1.7. Invoices shall be itemized in accordance with the line items in this Invitation to Bid (ITB) and shall reflect agreed upon on pricing. 2. INTENT 2.1. The intent of these specifications is to describe the scope, as well as the minimum contractor capacity and qualifications, necessary to establish an Agreement between City and Contractors for Water Damage Mitigation services. 3. WATER DAMAGE MITIGATION SERVICES 3.1. Water Damage Mitigation Services shall include,but not be limited to: 3.1.1. Inspection and water damage Assessment 3.1.1.1. Contractor shall identify water type. 3.1.1.2. Contractor shall survey the extent water damage and inspect premises, including safety inspection. 3.1.1.3. Contractor shall use moisture detectors, hygrometers, and other meters to measure the extent of moisture saturation; infrared cameras to find hidden water, behind walls and ceilings. 3.1.1.4. Within an hour of arriving at an event site, Contractor shall photograph conditions prior to beginning work, prepare a detailed, room-by-room estimate of the work to be performed, and telephone the Warehouse Supervisor for verbal authorization of the work. The work estimate and accompanying photographs shall be emailed to the Warehouse Supervisor within 24 hours of a request for service. See Section ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 31 of 68 3.1.7 below, for more information about communication and work authorization. 3.1.2.Item Moving 3.1.2.1. Contractor shall move furniture and property contents, and block items to prevent further water damage,to prevent rust or furniture stains on wet carpet or flooring. 3.1.2.2. Contractor shall move-out/pack-out— if a home requires extensive restoration or cleaning, conduct move-out to protect belongings from further damage, if necessary. 3.1.3. Water Extraction 3.1.3.1. Emergency Water Removal — Contractor shall remove excess water, using submersible pumps, industrial wet/dry vacuums and pumps, and truck-mounted and portable extraction equipment as necessary. 3.1.3.2. Inspect Flooring, Carpet Pad, and Carpet — Contractor shall remove wooden flooring and pad and/or carpet if necessary. 3.1.4. Drying and Dehumidification 3.1.4.1. Contractor shall use room measurements, including temperature and relative humidity, to determine the optimal number of air movers and dehumidifiers necessary to dry a residence. 3.1.4.2. Contractor shall monitor moisture levels in floors and walls. 3.1.4.3. Contractor shall drill holes and remove drywall, cabinet walls, etc., as necessary to facilitate drying and dehumidification. 11.4.4. Contractor shall use industrial grade dehumidifiers and high speed air movers. 3.1.5. Cleaning and Sanitizing 3.1.5.1. Sanitizing Treatments — Contractor shall use EPA registered biocide antimicrobial, antibacterial, sanitizing and disinfecting treatments to control bacterial,viruses, and mold. 3.1.5.2. Cleaning and Disposal — Contractor shall clean, remove, and dispose of cleaning/drying/construction debris and dirt, damaged materials, and refuse. 3.1.6. Restoration 3.1.6.1. Drywall removal, installation, and painting—Contractor shall restore drywall and baseboards, damaged by water and/or drying operations,to prior condition. 3.1.6.2. Replacement of carpet or other flooring damaged by water and/or removed for drying operations, will be addressed in claims filed with City Risk Management, by affected customers. 11.6.3. Contractor shall photograph condition of property after Water Damage Mitigation work is completed, and prepare a detailed, room-by-room report of the work performed,to be included with the invoice. 3.1.7. Communication with City and Authorization of Work 3.1.7.1. Contractor shall designate a lead Project Manager (PM) and an alternate Project Manager for this Agreement, and provide direct 24-hour phone numbers for them. City will not utilize 800 or main numbers to place service orders. 3.1.7.2. In consultation with the Assistant Director, City Warehouse Supervisor or Assistant Warehouse Supervisor will telephone the Contractor PM, to place orders and authorize work for an event requiring Water Damage Mitigation Services. ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 32 of 68 3.1.7.3. During each event response, Contractor will contact and communicate with the Warehouse Supervisor, to obtain authorization for all work, including any additional work not previously authorized. 3.1.7.4. Authorized work quotes shall be valid for a minimum of 30 days. The City shall authorize all additions or changes to the quote provided by Contractor. 4. RESPONSE REQUIREMENTS 4.1. Contractor shall be capable of providing Water Damage Mitigation Services at any time, on every day. 4.2. Contractor shall respond to City emergency requests by returning phone calls within one (1) hour, and by arriving at an event site within two(2)hours. 43. Contractor shall be capable of conducting Water Damage Mitigation services at a minimum of five(5)properties for City simultaneously. 5. BIDDER QUALIFICATIONS 5.1. Bidder shall provide proof his/her company has provided excellent services and his/her company has been in business performing described services in Tarrant County for the past five(5)consecutive years. 5.2. Bidder shall provide a minimum of four(4)references establishing proof of experience. 5.3. The Bidder is responsible for familiarizing themselves with the character, quality and quantity of work to be performed,materials required and equipment required. 5.4. The Bidders shall meet and provide proof of the following qualifications in his/her bid response: 5.4.1. Bidder has available facilities and adequate equipment to render the services requested. 5.4.2. Bidder has available, qualified, and trained personnel to perform the services requested, and are adequately staffed and have the type and quantity of equipment necessary to respond to emergency requests 24/7. 5.4.3. Bidders shall provide proof of all applicable licenses and certifications for services described herein. 5.5. Bidder shall not be listed on a local, state or federal consolidated List of Debarred, Suspended and Ineligible Contractors and Grantees. 6. ESTIMATED QUANTITIES 6.1. All quantities listed in these specifications are only estimates and are not intended to guarantee future business. 6.2. The City is only obligated to pay for services actually ordered by an authorized City employee and then received as required by the City. ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 33 of 68 FORT WORTH., CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFW01-20-0168 1 Event Round Version 1 1 Event Name ITB water Damage Mitigation Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 24 2020 09:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth(City)seeks bids to establish an Annual Agreement for Water Damage Mitigation Services for the Water Department per the attached specifications.Unit price shall include all cost associated including but not limited to delivery,installation,travel,materials,freight and/or fuel charges.No additional charges will be accepted or paid by the City Terms &Conditions No pre-bid conference will be held. ""Vendors interested in bidding on this event shall register with the City of Fort Worth" Bids are solicited for furnishing the supplies,services and equipment as set forth in this solicitation. Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by the above'FINISH TIME",and then publicly opened and read aloud at 2:00 P.M.in the Council Chambers.Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: 1.Mail: City of Fort Worth,Purchasing Division, Lower Level, City Hail,200 Texas Street,Fort Worth,Texas 76102-6314 2.Hand delivered from 8:30am 1:30pm on Thursdays at the South End lobby of City Hall. 3.To submit a bid earlier,please call Purchasing at 817-392-2462 to make an appointment for Purchasing to pick up the bid, Monday through Friday between 8:30am-5:00 pm,at the South End Lobby at City Hall. Bids delivered by special courier(i.e.Federal Express,Special Delivery etc.)are to be marked on the outside of the couriers shipping envelope BID No.20-0168, ITB-Water Damage Mitigation Services AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;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 fumish any and all items upon which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in this document The period for acceptance of this bid will be 90 calendar days after the bid opening date. Cooperative Purchasing: Should other Governmental entities decide to participate in this contract,would you,the Vendor,agree that all terms,conditions,specifications,and pricing shall apply(see Section 13,Part 1)? Yeses_ No CONTENTS ITB BID OFFER SHEET"-Cover Page of Final Bid Document V1 and attached as separate document Part I Specific Bid Information Part it Instructions to Bidders Part III Specific Terms and Conditions Part IV General Terms and Conditions PartV Attachments A-J Part VI Draft Service Agreement ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 1 of 68 FORT WORTH, CITY OF FORT WORTHOFFER Event ID Page Invited: BIDDERS CFWO1-20-0168 2 Event Round Version 1 1 Event Name ITB Water Damage Mitigation Services Submit TO: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 24 2020 09:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned,by his/her signature,represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: American Technologies,Inc. Company Address: 1004 N.Avenue,Suite 150 City,State,Zip: Plano,TX 75074 Vendor Registration No. 7000001305 Printed Name of Officer or Authorized Representative: Nancy Kirk Title: Regional Manager N� Signature of Officer orAuthorized Representative:.e,.,_ow.<,...114=co11 Date: 7/8/2020 Email Address: Nancy.Kirk@ATIrestoration.com Phone Number: 972-795-5444 Federal Identification Number(FID)# 33-0352215 ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 2 of 68 ATTACHMENT-C CONTRACTOR'S CONTACT INFORMATION Contractor's Name: American Technologies,Inc. Bidder's Local Address: 1004 N.Avenue,ste 150.Plano.TX 75074 Phone: 972-389-1800 Fax: 972-389-1810 Email: Name of person assigned specifically for this Agreement: Name/Title Jacob Miller/Sr.Project Director Phone: 469-275-6449 Fax: 972-389-1810 Email: Jacob.NMer@ATIrestoration.com Name of persons for renewal information and/or billing questions: Name/Title Nancy Kirk/Regional Manager Phone: 972-795-5444 Fax: 972-389-1810 Email: Nancy.Kirk@ATIrestoration.com Name/Title Robin Doerr/Director,Government Facilities Suppert Services Phone: 602-218-1273 Fax: Email: Robin.Doerr@ATIrestoration.com mt9 4-e—r�o con Nancy Kirk 7/13/2020 nci a.�im i Signature Printed Name Date ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 37 of 68 ATTACHMENT—D CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Chapter 2, Article I, Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a Z� bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes,identify address: b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth"shall mean payable at the Fort Worth office. [must exceed 50%] n1a 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? 3 b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company(for prior tax year—Fort Worth office or former location,if Fort Worth office is newly-established)? $0 Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof,under penalty of perjury. American Technologies, Inc. J U 114) 2020 (Company Name) (Date) AIV5q V-1( Nancy KA'(Jul 14,2020 17:20 CDT) Nancy Kirk Regiona[ Manager (Signature) (Printed Name and Title) ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 38 of 68 FOIST IVORTE ` 7 CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFW01-20-0168 3 Event Round Version 1 1 Event Name ITB Water Damage Mitigation Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 24 2020 09:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qtv Unit UnitPrice Total Emergency Restoration Water Extraction 21000.00 SF .40 8400.00 Line: 2 Description: Qty Unit UnitPrice Total Dehumidifier,Rental,Small,Min of 3 days 90.00 EA 60.00 5400.00 Line: 3 Description: City Unit UnitPrice Total Dehumidifier,Rental,Medium,Min of 3 days 90.00 EA 85.00 7650.00 Line: 4 Description: Qty Unit UnitPrice Total Dehumidifier,Rental,Large,Min of 3 days 90.00 EA 113.00 10170.00 Line: 5 Description: Qtv Unit UnitPrice Total Drying Fans,Rental,Minimum of 3 days 90.00 EA 25.00 2250.00 Line: 6 Description: Qtv Unit UnitPrice Total Air Scrubber,Rental,Min of 3 days 60.00 EA 110.00 6600.00 Line: 7 Description: Qtv Unit UnitPrice Total Wall Cavity Machine,Rental,Min of 3 days 65.00 EA 125.00 8125.00 Line: 8 Description: City Unit UnitPrice Total Environmental Protection Agency(EAP) 21000.00 SF Registered Biocide Application .23 4830.00 ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 3 of 68 FORTORTH. �.. '� CITY OF FORT WORTH BIDOFFER Event ID Page Invited: BIDDERS CFW01-20-0166 4 Event Round Version 1 1 Event Name ITB water Damage Mitigation Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 24 2020 09:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qtv Unit UnitPrice Total Cover Base Removal 21000.00 LF .41 8610.00 Line: 10 Description: Qtv Unit UnitPrice Total Glued Contaminated Carpet Removal and 21000.00 SF Disposal .84 17640.00 Line: 11 Description: Qty Unit UnitPrice Total Un-Glued Contaminated Carpet Removal and 21000.00 SF Disposal .49 10290.00 Line: 12 Description: Qty Unit UnitPrice Total Contaminated Carpet Padding Removal and 21000.00 SF Disposal .47 9870.00 Line: 14 Description: Qtv Unit UnitPrice Total Emergency Response,Minimum,After Hours Trip 10.00 EA 200.00 2000.00 Line: 15 Description: Qty Unit UnitPrice Total Set Up and Removal of Equipment(Total for 20.00 EA both Actions)Block and Pad Furniture(when applicable),price per piece 50.00 1000.00 Line: 16 Description: Qty Unit UnitPrice Total Moving Furniture per man/per hour 20.00 HR 36.00 720.00 Line: 17 Description: Qtv Unit UnitPrice Total Block and Pad Furniture(when applicable), 60.00 EA price per piece 2.00 120.00 Line: 18 Description: Qty Unit UnitPrice Total Drill Weep Holes 5.00 EA .45 2.25 ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 4 of 68 FORT WORTH;. - - ITS OF FORT WORTHOFFER Event ID Page Invited: BIDDERS CFW01-20-0168 5 Event Round Version 1 1 Event Name ITs water Damage mitigation services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 24 2020 09:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov DescLine=ript19 ion• Qtv Unit UnitPrice Total Emergency Restoration-sewage Extraction 21000.00 SF (normal circumstances up to 2 inches deep) 855 17850.00 Line: 20 Description: Qtv Unit UnitPrice Total Emergency Restoration-sewage Extraction 21000.00 SF (normal circcrostances up to 2 or more inches 1.05 22050.00 deep) Line: 21 Description: Qty Unit UnitPrice Total Emergency Rebuild Sewage or Water 21000.00 SF TBD TBD Total Bid Amount: CI4.257F 2� ITB 20-0168 WATER DAMAGE MITIGATION SERVICES 5 of 68 EXHIBIT B VERIFICATION OF SIGNATURE AUTHORITY Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within.ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Jason Rains Position: Regional Director ,�,crror.Rairec Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Executive Vice President Date: Oct 16, 2020 Vendor Services Agreement—Exhibit B Page 11 of 12 Vendor Services Agreement—Exhibit D Page 12 of 12 11/3/2020 M&C Review Official site of the City of Fort Worth,Texas LITY COUNCIL AGENDA FOR Ij DATE: 9/15/2020 REFERENCE**M&C 20- LOG NAME: 13P20-0168 WATER DAMAGE NO.: 0652 MITIGATION SC WATER CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize the Execution of a Service Agreement with ATI Restoration, LLC for Water Damage Mitigation Services in an Annual Amount Up to $225,000.00 and Authorize Four Annual Renewal Options RECOMMENDATION: It is recommended that the City Council authorize the execution of a service agreement with ATI Restoration, LLC for water damage mitigation services in an annual amount up to $225,000.00 and authorize four annual renewal options. DISCUSSION: The Water Department approached the Purchasing Division to procure water damage mitigation services. These services will be used for property damage mitigation and restoration services from water main breaks and sewer backups. Purchasing issued an Invitation to Bid (ITB)which consisted of detailed specifications describing the services, labor, supplies, tools and equipment necessary to perform water damage mitigation services. The ITB was advertised in the Fort Worth Star-Telegram June 24, 2020, July 1, 2020, July 8, 2020 and July 15, 2020. The City received one bid. The bid was evaluated based on the quality of goods and services, past performance with the City of Fort Worth, the extent to which the Contractor's goods and services meet the City's need and qualifications, and the proposed total cost. Staff recommends awarding an annual agreement to ATI Restoration, LLC. No guarantee was made that a specific amount of these services will be purchased. The bid amount for the Water Department's annual requirements is up to $225,000.00. An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. M/WBE OFFICE -A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the Office of Business Diversity (OBD), in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. Upon City Council's approval, the contract will begin upon complete execution and expire one year from executed date. This contract may be renewed for up to four successive one-year periods under the same terms and conditions. The renewals will not require City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water& Sewer fund to support the approval of the above recommendation and execution of the service agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ TO apps.cfwnet.org/council_packet/mc—review.asp?]D=28221&councildate=9/15/2020 1/2 11/3/2020 M&C Review TOFund Department Account I�I Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) I Fund Department Account Project Program Activity Budget ! Reference# Amount FROM ID ID Year (Chartfield 2) I Fund R Department Account i Project Program Activity Budget Reference# Amount ID ( ID Year (Chartfield 2) Submitted for City Manager's Office by_ Jay Chapa (5804) Dana Burghdoff(8018) Originating Department Head: Reginald Zeno (8517) Additional Information Contact: Cynthia Garcia (8525) Sarah Czechowicz (2059) ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?ID=28221&councildate=9/15/2020 2/2