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HomeMy WebLinkAboutContract 56168 CSC No. 56168 FORT WORTH. 41,11 VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Vess Glass & Mirror, Inc. ("Vendor"), a Texas registered company and acting by and through its duly authorized representative, each individually referred to as a"party" and collectively referred to as the "parties." 1. Scope of Services. Window, Door and Glass Repair ("Services"), which are set forth in more detailmefe-mail in Exhibit"A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on the date signed by the Assistant City Manager below ("Effective Date") and expires on one year from that date ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). City will have the option, in its sole discretion,to renew this Agreement under the same terms and conditions, for up to 4 one-year renewal option(s) (each a "Renewal Term"). 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed Seventy Five Thousand Dollars ($75,000.00).Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information') as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 8. Liability and Indemnification. 8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted,Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Applicable N/A Omissions): pp ❑ $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances,Rules and Regulations.Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Vess Glass &Mirror Inc. Attn: Assistant City Manager Donald Vess, President 200 Texas Street 2806 Azle Ave Fort Worth,TX 76102-6314 Fort Worth, TX 76106 Facsimile: (817) 392-8654 Facsimile: With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law/Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or the Exhibits. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full- time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries.Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person ama&�427LWe responsible for the monitoring and administration of By: Dana Bur�14,2021006:11� this contract,including ensuring all performance and Name: Dana Burghdoff reporting requirements. Title: Assistant City Manager Date: , 20 By: hat�yaBergland��g 3,2��4:51CDT) Name: Shatabya Bergland APPROVAL RECOMMENDED: Title: Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: Christopher Hard (Aug 13,202114:57 CDT) Name: Chris Harder o4F�Rr��a yl Title: Water Director pag�F° °°`L0a By: DBlack(Aug 13,202117:20 CDT) tig° ° ad p Name: Doug Black ATTEST: �v0 g2� Title: Sr. Assistant City Attorney o0 O0 °° nE00000 All CONTRACT AUTHORIZATION: Ronald P. Gonzcllos M&C: N/A By: Ronald P.Gonzales(Aug 16,202109:13 CDT) Form 1295• N/A Name: Ronald Gonzales Title: City Secretary VENDOR: Vess Glass & V��MiirroorlInc. By: Vktau Name: Donald Vess Title: President Date: 8/13/2021 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX EXHIBIT A SCOPE OF SERVICES 2.0 Scope of Work 2.1 Contractor's responsibility shall include, but is not limited to, providing glass or window replacement and repair services; securing/boarding of windows, doors, mirrors, and other glass installation prior to an emergency condition; providing sufficient personnel to respond to the needs of the City; providing all materials and equipment; installing windows on ground level or multi-story buildings; replacing glass doors; repairing, replacing or providing mirrors, tinted glass, and custom cut glass and metal work. Repairs shall be replaced with direct replacement glass (replace with exact quality and type of glass that was broken); all replaced or repaired framework shall meet the specifications of framework of other areas of the location; aluminum panels should be replaced with panels of the same gauge. If the location has a mail slot and is a part of the window, it shall be replaced. Contractor shall secure buildings where there is glass or window damage; ordering materials; and disposing of glass and other materials as a result of providing glass replacement and repair services. Material under this Agreement must also be available for purchase and installation by City employees. 2.2 Contractor shall provide all labor, materials, parts, equipment, tools, supplies, permits, supervision, transportation, and training necessary for glass and mirror replacement and repair services on an "as needed" basis in City owned buildings and structures as directed by the City. Equipment shall include, but is not limited to, scissor-lifts, bucket trucks, high-reach lifting devices, narrow lift (pass through 36" door), and scaffolding. Contractor shall have adequate supply of material in inventory for emergency and non- emergency requests. Materials shall be clean, properly maintained and properly secured at the Contractor's place of business. 2.3 Contractor shall respond to all requests from the City for emergency and non- emergency glass replacement and repair services. Contractor shall perform all steps reasonably necessary to protect City property and persons from harm. Failure to perform repairs in a prompt and professional manner may result in termination of the Contract. 2.4 Upon assessment of the incident, the Contractor shall secure the area where the glass is broken with plywood or an acceptable means to provide security to the location until the glass can be replaced or repaired. In all cases that are possible, glass shall be replaced immediately unless the size of the glass for the location is not available and must be ordered. The Contractor shall perform all work possible during normal working hours, which are 8:00 AM to 5:30 PM, Monday through Friday except City Holidays and will be paid at the square foot price for the type of glass replaced. 2.5 Upon completion of work, Contractor shall submit to the City a copy of the work accomplished which includes the following information. 2.5.1 Dates work was performed and hours expended; 2.5.2 Date work was completed; 2.5.3 Number of technicians required to complete the job; 2.5.4 Square footage of replacement glass and boarding; 2.5.5 Signature of Contractor employee and signature of City representative; 2.5.6 Purchase order number; 2.5.7 Failure to submit required report for each visit will result in nonpayment. 3.0 Materials 3.1 Materials furnished shall be the latest product in production to commercial trade, and shall be of the highest quality. The Contractor shall ensure that the Manufacturer furnishing the materials is experienced in the production of such items and shall furnish evidence of the Manufacturer having supplied similar materials that have been in successful operation. 3.2 Contractor shall maintain a sufficient quantity of various sized of glass on hand to have ready access to glass in order to prevent prolonged periods of unsecured locations. 3.3 Contractor shall have a distribution facility with most commonly used items (1/8" plate glass, 1/4" laminated glass, 1/4' wire glass and standard door glass) and be new and in first class condition. 3.4 All materials used shall be factory new and free of defects in materials and workmanship. Repair parts and components shall conform to Original Equipment Manufacturer specifications. The quality of glass must be approved by the department. 3.5 All materials used to install glass shall be included in the unit price for replacement glass or mirror per square foot. 3.6 Tint Matching: 3.6.1 The City will furnish the original glass specifications and/or a sample of the tint to be matched. 3.6.2 It shall be the responsibility of the Contractor to obtain a match as close as possible and to obtain written approval from the City prior to ordering the materials and installation. 3.6.3 If the Contractor's supplier anticipates any problems in matching the tint required, the Contractor shall notify the City immediately via phone, e-mail or fax so alternatives can be explored. CONTRACTOR SHALL NOT ORDER GLASS OR OTHER MATERIALS UNTIL THE CITY APPROVES THE ALTERNATE TINT MATCH. 4.0 Response Time 4.1 All repairs except for emergency service (after business hours) the Contractor shall perform work during regular working hours, which are 8:00 AM to 5:30 PM, Monday through Friday except City Holidays. Only service authorized and performed between 5:31 PM and 7:59 AM Monday through Friday, Saturday, Sunday, and City Holidays will be considered overtime. 4.2 Contractor shall respond to after hours and emergency calls within two (2) hours after receipt of order form City representative and must be able to get to the location of the emergency within two (2) hours after the call has been made by the City. Under no circumstances shall any location not be completely repaired with glass replacement within three (3) days. The city must be notified when the glass replacement order has been completed. 4.3 Contractor shall provide the City with emergency contact and phone numbers for the persons assigned to the City. 5.0 Incidental Charges The Contractor shall be responsible for all incidental charges, including but not limited to, parking, tolls, mileage, fuel, phone calls, etc., on straight time and overtime work. 6.0 Delivery The Contractor agrees to make deliveries and perform services only upon receipt of a PO from the City. If delivery is made or services are performed without such approval shall be at Contractor's risk. 7.0 Safety 7.1 Contractor shall not require any person to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to their health or safety. Contractor shall comply with all provisions of the Occupational Health and Safety Act (OSHA). 7.2 Contractor shall be completely familiar with Federal OSHA regulations and requirements as applicable, including but not limited to, the following: 7.2.1 Contractor personnel shall wear applicable personal protection equipment at all times. 7.2.2 Contractor personnel operating equipment or handling materials shall be fully trained in the safe operation of the equipment or materials. 7.2.3 Contractor personnel shall follow and apply safety practices prevailing in their applicable industry. 7.2.4 Contractor shall block off and mark all work areas with appropriate safety signs and safety barricades/bollards to protect the public from injury. 7.2.5 Contractor shall post safety warnings as necessary to ensure safe operations. 7.2.6 The Contractor shall coordinate the timing and transportation of glass to the work area. If glass is transported through the interior of a facility, the Contractor shall take every precaution to ensure public safety. Under no circumstances shall the Contractor transport glass through the interior of a facility without prior coordination with the City. 7.2.7 Contractor shall provide personnel that are fully trained and qualified to repair and replace glass. 7.3 When Contractor becomes aware of a hazardous or a potentially hazardous condition during the course of performing services, the Contractor shall immediately notify the City upon detection of the condition. 7.4 Regulatory Requirements: To protect the life and health of employees and other persons; to prevent damage to property, materials, supplies, and equipment; and to avoid work interruptions, Contractor shall comply with the latest 29 CFR 1910, Occupational Safety and Health Standards (General Industry Standards, https://www.osha.gov/pIs/oshaweb/owasrch.search_form?p_doc type=STANDARDS&p_ toc_level=l&p_keyvalue=1910) as revised or amended from time to time. Compliance with OSHA and other applicable laws and regulations for the protection of employees is exclusively the obligation of Contractor, and the City assumes no liability or responsibility for Contractor's compliance or noncompliance with such responsibilities. CONTRACTOR SHALL INDEMNIFY THE CITY FOR ANY CLAIMS, FINES, OR DEMANDS RESULTING FROM CONTRACTOR'S FAILURE TO COMPLY WITH OSHA REQUIREMENTS. 7.5 Accident Reports: Contractor shall comply with all OSHA reporting requirements for record keeping and reporting of all accidents resulting in death, injury, occupational disease, or adverse environmental impact. The Contractor shall provide a verbal report to the City within one normal working day of occurrence. Contractor shall cooperate with the City, providing written documentation and any information required for their records. 7.6 Environmental Requirements: Contractor shall comply with all applicable federal, state, and local environmental protection laws, regulations, and standards. Contractor shall comply with any other statutory requirements for clean air, clean water, toxic substances control, pollution control, resource conservation and recovery. All environmental protection matters or questions shall be coordinated with the City. 7.7 Stop-Work: Contractor shall be responsible for the enforcement of all safety requirements for any work performed under the Agreement. If Contractor fails or refuses to promptly comply with safety requirements, the Contract Administrator may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such order shall be made the subject of a claim for extension of time or for excess costs or damages to Contractor. EXHIBIT B PAYMENT SCHEDULE AUTOMATED INVOICE PROCESSING Go live date: 10/28/2019 Go live date: 71112020 PHASE 1 PHASE 2 Business Department Business Department Unit# Unit# FW013 FINANCIAL MANAGEMENT SERVICES FW055 AVIATION FW004 INFORMATION TECHNOLOGY FW002 CITY MANAGERS OFFICE FW011 CITY SECRETARY FW007 COMMUNICATION & PUBLIC ENGAGEMENT FW008 DIVERSITY& INCLUSION FW003 PLANNING & DATA ANALYTICS FW021 PROPERTY MANAGEMENT Go live date: 31112021 Go live date: 51112021 Go live date: 81112021 PHASE 3 PHASE 4 PHASE 5 Business Department Business Department Business Department Unit# Unit# Unit# FW023 CODE FW012 CITY ATTORNEY FW020 TRANSPORTATION COMPLIANCE & PUBLIC WORKS FW017 ECONOMIC FW010 CITY AUDITOR FW060 WATER DEVELOPMENT FW036 FIRE FW014 HUMAN RESOURCES FW084 LIBRARY FW019 NEIGHBORHOOD SERVICES FW038 MUNICIPAL FW080 PARK& RECREATION COURTS FW035 POLICE FW006 DEVELOPMENT SERVICES FW025 I PUBLIC EVENTS Effective "Go live date" for each department stated above, send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices(dfortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234) To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: • All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI (dots per inch). • Invoices must be sent as an attachment(i.e. no invoice in the body of the email). • One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. • Please do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. • The invoice must contain the following information: • Supplier Name and Address; • Remit to Supplier Name and Address, if different; • Applicable City Department business unit# (i.e. FW013) • Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); • Invoice number; • Invoice date; and • Invoices should be submitted after delivery of the goods or services. ***To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices(c)fortworthtexas.gov*** To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ_FIN_AccountsPayable(afortworthtexas.gov. If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 Contact the Accounts Payable team at (817) 392-2451 or by email to ZZ_FIN_AccountsPayable(afortworthtexas.gov, for assistance. ITB 21-0050 Window and Door Glass Repairs Page 35 of 53 FORT WORTH® CITY OF FORT WORTH BID OFFER Event ID Page Invited: Event Details CFW01-21-0050 2 Event Round Version 1 1 Event Name ITB Window and Door Glass Repairs Start Time Finish Time Submit To: City of Fort Worth 06/21/2021 08:00:00 CDT 07/15/2121 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned,by his/her signature,represents that he/she is submitting a binding bid and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Authorized Person,by signing and submitting,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. Documents are hereby incorporated into this Solicitation by reference,with the same force and effect as if they were incorporated in full text.The period for acceptance of this bid will be one hundred and twenty (120)calendar days after"Finish time/End Date Time". Le al Name and d/b/a: VfsS 61 l A4SS Mig4toz .ZN& Address: �" City,State,Zip: Bid n—O Y v�tn t f Tx iu I Bidder/Supplied ID with City of Fort Wort/Federal ID Number(TIN): Name of he Authorized JRepresentative: I VO WA 1/[,,1s Title: r )d 1 Signature of the Authorized Representative and Date: r Email Address: nnlogyu �u�'A,m5►' ftm Phone Number: D) 1 U 22S 50 NO Will agreement be available for Cooperative Agreement use*?Yes No X (*See Section 11.0, Cooperative Purchasing of Part I, Instruction to Bidders) ITB 21-0050 Window and Door Glass Repairs Page 2 of 53 FORT WbRTHH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: Event Details CFWO1-21-0050 3 Event Round Version 1 l Event Name ITB Window and Door Glass Repairs Start Time Finish Time Submit To: City of Fort Worth 06/29/2021 08:00:00 CDT 07/15/2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Lune Details Line: 1 Description: Qtv Unit UnitPrice Total 1/8 Inch Plate Glass 82.00 SF Line: 2 Description: City Unit UnitPrice Total 1/4 Inch Tempered Plate Glass 68.00 SF Line: 3 Description: City Unit UnitPrice Total 114 inch Tinted Plate Glass 42.00 SF 0 t Line: 4 Description: City Unit UnitPrice Total 1/4 Inch Laminated Plate Glass 232.00 SF 0Se Line: 5 Description: Qtv Unit UnitPrice Total 1/4 Inch Tinted Laminated Plate Glass 178.00 SF —1 Line: 6 Description: Qtv Unit Unit Pr ic e �Total 1/8 Inch Tempered Plate Glass 42.00 SF Line: 7 Description: Qtv Unit UnitPrice Total 1/4 Inch Tinted Tempered Plate Glass 93.00 SF 0 &51 Line: 8 Description: Qtv Unit UnitPrice Total 1/4 Inch Wire Glass 28.00 SF ITS;21-0050 Window and Door Glass Repairs Pape 3 of 53 FORT WORTH® CITY OF FORT WORTH BID OFFER Event ID Page Invited: Event Details CFWDI-21-0050 4 Event Round Version 1 1 Event Name ITB Window and Door Glass Re airs Start Time Finish Time Submit To: City of Fort Worth 06/29/2021 08:00:00 CDT 07/15/2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qtv Unit UnitPrice Total 1/4 Inch Insulated Glass 28.00 SF 13 �� Line: 10 Description: Qty Unit UnitPrice Total 1/4 Inch Tinted Insulated Glass 28.00 SF m Liner 11 Description: M. Unit UnitPrice Total 1/8 Inch Standard Insulated Glass 28.00 SF Line: 12 Description: Qtv Unit UnitPrice Total 1/8 Inch Low E Plate Glass 28.00 SF tit Line: 13 Description: Qtv Unit UnitPrice Total 1/4 Inch Low E Plate Glass 28.00 SF Line: 14 Description: Qtv Unit UnitPrice Total 1/8 Inch Low Insulated Plate Glass 58.00 SF Line: 15 Description: Qtv Unit UnitPrice Total 1/8 Inch Low E Tinted Insulated Plate G 68.00 SF Line: 18 Description`. Qty Unit UnitPrice Total 1/8 Inch Obscured Glass 40.00 SF Wo Line: 17 Description: Qty Unit UnitPrice Total 3/16 Inch Tinted Tempered Plate Glass 28.00 SF ITB 21-0050 Window and Door Glass Repairs Page 4 of 53 FORT WORTH® CITY OF FORT WORTH BID OFFER Event ID Page Invited: Event Details CFW01-21-0050 5 Event Round Version 1 1 Event Name ITR Window and Door Glass Repairs Start Time Finish Time Submit To: City of Fort Worth 06/29/2021 08:00:00 CDT 07115Z2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 18 Description: Qtv Unit UnitPrice Total Labor Rate to Install Glass-Monday through 404.00 HR Friday-8:00am to 5:30pm �� Line: 19 Description: Qtv Unit UnitPrice Total Labor Rate to Install Glass-Overtime- 104.00 HR Monday through Friday-5:31 pm to 7:59am, Saturday,Sunday,and City holidays � U Line: 20 Description: Qtv Unit UnitPrice Total 1/4 Inch Mirror 104.00 SIF 0 �28 Line: 21 Description: Qtv Unit UnitPrice Total Labor Rate to Install Mirror-Monday through Friday- 304.00 HR n . 8:00am to 5:30pm � ` �✓� Line: 22 Description: Qtv Unit UnitPrice Total Standard Glass Door 304.00 SF Line: 2ript3 Descion: Qtv Unit UnitPrice Total Standard Door Glass 318.00 SF _ Line: 24 Description: Qtv Unit UnitPrice Total Standard Tinted Door Glass 168.00 SF Line: 25 Description: Qty Unit UnitPrice Total Labor Rate to Install Door Glass-Monday 88.00 HR f through Friday-8:00am to 5:30pm Line: 26 Description: Qtv Unit UnitPrice Total Labor Rate to Install Door Glass-Overtime- 68.00 HR Monday through Friday-5:31 pm to 7:59am, D Saturday,Sunday,and City holidays ITB 21-0050 Window and Door Glass Repairs Page 5 of 53 F.oRT WORTH® CITY OF FORT WORTH BID OFFER Event ID Page Invited: Event Details CFW01-21-0050 6 Event Round Version 1 1 Event Name ITB Window .and Door Glass Repairs Start Time Finish Time Submit To: City of Fort Worth 06/29/2021 08:00:00 CDT 07/15/2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 27 Description: City Unit UnitPrice Total Standard Store Front Doors including Hardware 19.00 SF Line: 28 Description: ON Unit UnitPrice Total Labor Rate to install Standard Store Front 20.00 HR 1, Doors-Monday through Friday-B:OOam to t 5D0 5:30pm Line: 29 Description: City Unit UnitPrice Total Standard Aluminum Store Front Metal Door 166.00 SF �50 Line: 30 Description: ON Unit UnitP ric e — Total Standard Anodized Bronze Aluminum Door 166.00 SF Line: 31 Description: City Unit UnitPrice Total Labor install Standard Anodized Bronze or 166.00 HR Aluminum Door-Monday through Friday-8:00am 2 to 5:30pm Line: 32 Description: Qty Unit UnitPrice Total Labor install Store Front Metal-Monday 166.00 HR through Friday 5:31pm to 7:59am,Saturday, Sunday,and City holidays Line: 33 Description: City Unit UnitPrice Total Material for Emergency Board Ups 28.00 SF 0 5to Line: 34 Description: ON Unit UnitPrice Total Labor Emergency Board Up Service-Monday through Friday- 28.00 HR n 5:31 pm to 7:59am,Saturday,Sunday and City Holidays Line: 35 Description: City Unit UnitPrice Total 1/4 Inch Tinted Lexan 58.00 SF Q 232 ITB 21-0050 Window and Door Glass Repairs Pape 6 of 53 CITY OF FORT WORTH BID OFFER Event ID Page Invited: Event Details CFW01-21-0050 Event Round Version 1.. 1 Event Name ITB Window and Door Glass Reairs Start Time Finish Time Submit To: City of Fort Worth 06/29/2021.06:00:00 CDT 07/15/2021 13:30:00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE—Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 36 Description: Qtv Unit UnitPrice Total Labor install 1/4 inch Lexan-Monday through 58.00 HR Friday-S:OOam to 5:30pm Line: 37 Description: Qtv Unit UnitPrice Total Labor install 1/4 inch Lexan-Overtime- 28.00 HR Monday through Friday-.5:31 pm to 7:59am; ZZ q Saturday,Sunday,and City holidays Line: 38 Description: Qtv Unit UnitPrice Total Labor install Putty Glazed Windows-Monday 28.00 HR through Friday-8:00am to 5:30pm V Line: 39 Description: City Unit UnitPrice Total Labor Install Window Flush Glazed Metal- 28.00 HR Monday through Friday-8:00am to 5:30pm ® U Line: 40 Description: Qtv Unit UnitPrice Total Window Flush Glazed Metal/Alum 28.00 SF 33 Line: 43 Description: Qtv Unit UnitPrice Total Labor for Installation of Misc.items Monday through 93.00 HR Friday-8:00am to 5:30pm Line: 44 Description: ON Unit UnitPrice Total 1/4 Inch Plate Glass 42.00 SF Line: 45 Description: Qtv Unit UnitPrice Total 1/4 Inch Obscured Glass 10.00 SF 5a Line: 46 Description: Qtv Unit UnitPrice Total 3/16 Inch Tempered Plate Glass 105.00 SF 0 52 ITB 21-0050 Window and Door Glass Repairs Page 7 of 53 Qq TH CITY OF FORT WORTH BID OFFER Event ID Page Invited: Event Details CFW01-21-0050 8 Event Round Version 1 1 Event Name ITB Window and.Door..Glass Repairs Start Time Finish Time Submit To: City of Fort Worth 06/29/2021 08:00:00 CDT 07/15/2021 13.30•00 CDT FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 200 Texas St.(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov All other glass and mirrors will be at O discount off of Vendors List Price. Please provide price list with bid submittal Total Bid Amount: ITB 21-0050 Window and Door Glass Repairs Page 8 of 53