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HomeMy WebLinkAboutContract 56889 CSC No. 56889 FORTWORTH. NON-EXCLUSIVE ELECTRICIAN SERVICES AND SUPPLIES AGREEMENT This NON-EXCLUSIVE ELECTRICIAN SERVICES AND SUPPLIES AGREEMENT (the"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 S & H LONE STAR ELECTRIC INC. ("Vendor"), a Texas Corporation and acting by and through its duly authorized representative, each individually referred to as a"party"and collectively referred to as the"parties." WHEREAS, City, through its Property Management Department, contracts for electrician services and electrical supplies for the City's various facilities; and WHEREAS, through Invitation to Bid(ITB)No. 21-0196, the City solicited bids to award agreements for electrician services and electrical supplies on an as-needed basis in the City with an aggregate amount of $1,587,075.00 per year for contracts awarded to the successful bidders;and WHEREAS, Vendor was one of the successful bidders awarded a contract to provide non-electrician services and electrical supplies to the City; and WHEREAS,City and Vendor wish to set out the terms of Vendor's non-exclusive electrician services and provision of electrical supplies. AGREEMENT DOCUMENTS: The Agreement documents shall include the following: I. This Non-Exclusive Electrician Services and Supplies Agreement; and 2. Exhibit A—Scope of Services;and 3. Exhibit B—Payment Schedule; and 4. Exhibit C—Vendor Contact Information; and 5. Exhibit D—Verification of Signature Authority, Exhibits A through D, 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 Exhibits A through D 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. Electrician services and electrical supplies ("Services"), which are set forth in more detail in Exhibit"A,"attached hereto and incorporated herein for all purposes. Non-Exclusive Electrician Services and Supplies Agreement OFFICIAL RECORD S&H Lone Star Electric Inc. CITY SECRETARY FT. WORTH, TX 2.Term. The initial term of this Agreement is for one (1) year, beginning on the date that this Agreement is executed by the City's Assistant City Manager ("Effective 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 four(4)one-year renewal option(s)(each a"Renewal Term"). 3.Compensation. 3.1 Vendor understands and agrees that the City may award non-exclusive services agreements to multiple bidders for electrician services and electrical supplies as outlined in City of Fort Worth Bid Solicitation No. 21-0196. Vendor further understands that the aggregate amount of all contracts awarded to multiple Vendors under Invitation to Bid (ITB) No. 21-0060 shall be in the amount of One Million Five Hundred Eighty-Seven Thousand Seventy-Rive and No/100 Dollars($1,587,075,00)and that the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement.City shall pay Vendor in accordance with this Agreement and the fee schedule attached hereto as Exhibit "B,"— Payment Schedule.Vendor shall not perform any additional services or bill for expenses incurred 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. 3.2 The City, through a Department Contract Compliance Manager or designee, shall issue a verbal or written Purchase Order establishing the locations and schedules for each service to be completed by Vendor("Purchase Order"). Vendor shall perform the Services in accordance with each Purchase Order issued by a Department Contract Compliance Manager or designee. The City, through a Department Contract Compliance Manager or designee, may issue an amended Purchase Order to address any changes in the work to be performed after a Purchase Order has been issued. Except as otherwise specified in this Agreement,the fee established in each Purchase Order shall be based upon the fee schedule attached hereto as Exhibit"B,"— Payment Schedule. 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 Obli ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date,City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason,Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement.In the event Vendor has received access to City Information Null-EXQU51vc lllar:tr OM MMMS MU Supplies Agreement S&H Lone Star Electric Inc. Page 2 of 31 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 Andit. 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.Inde endent Vendor. 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, contractors, 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 he considered a Non-Exclusive Electrician Services and Supplies Agreement S&H Lone Star Electric Inc. Page 3 of 31 Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors Neither Vendor,nor any officers, agents, servants,employees,contractors,or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, or Vendors. 8.Liability and Indemnification. 8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,PROPERTY DAMA GE AND PERSONAL INJURY,INCLUDING, INCL UDING,BUT NOT LIMITED TO,DEATH, TO ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S),MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS.. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS,REPRESENTATIVES,SERVANTS,AND EMPLOYEES,FROMAND AGAINSTANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPRSENTATIVES, 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 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 Nun-Exclusive Elecirician Services and Supplies Agreement S&H Lone Star Electric inc. Page 4 of 31 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 documentation with equally suitable,compatible, and functionally equivalent non-infringing software and documentation at no additional charge to City; or(d)if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid to Vendor by City,subsequent to which termination City may 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 ofthe 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 Iaws where the Services are being performed. rion-.Exclusive Eleotrncian 6emees and Jupplies Agreement 8&H Lone star Electric Inc_ Page 5 of 31 Employers' liability $100,000- Bodily Injury by accident; each accident/occurrence $100,000- Bodily Injury by disease; each employee $500,000- Bodily Injury by disease;policy limit (d) Professional Liability(Errors&Omissions): )]Applicable❑NIA $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 City in accordance with the notice provision of this Agreement. (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. Non-Exclusive Electrician Services and Supplies Agreement 8&H Lone Star Electric Inc. Page 6 of 31 (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, Vendors, 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 S&H bone Star Electric Inc. Attn:Assistant City Manager Brad Gallman,Estimator 200 Texas Street 2320 Cullen Street Fort Worth,TX 76 1 02-6 3 1 4 Fort Worth,TX 46107 Facsimile: (817) 392-8654 Facsimile: (817)335-7853 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 Vendor,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. Non-Exclusive Electrician Services and Supplies Agreement S&H Lone Star Electric Inc. Page 7 of 31 lb. 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. Severabilify. 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 Maieure. 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 maj eure or other causes beyond their reasonable control,including,but not limited to, compliance with any government Iaw, 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 Parry'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. Headin2s 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 Exhibits A through D. 22. Amendments/Modifications/Extensions. No amendment, modification, or extension of this Agreement will be binding upon a parry 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. tvun-Exciustve 1 electrician Services and Supplies Agreement S&H Lone Star Electric Inc. Page 8 of 31 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. Immieration 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, SUBCONTACTORS, 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. Non-Exclusive Electrician Services and Supplies Agreement S&H Lone Star Electric Inc. Page 9 of 31 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. Non-Exclusive Electrician Services and Supplies Agreement S&H bone Star Electric Inc. Page 10 of31 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. City: vendor: 19ana Bu�cih�%ff By;Dana Burghdoff ec 27,202109:45 CST) By: Name:Dana Burghdoff Name: Brad G=an4 Title: Assistant City Manager Title: Estimator Date: Date: .v-3 O a f FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance B y•Steve Cooke(Dec 20,202116:42 CST) and reporting requirements. Name: Steve Cooke Title: Director, Property Management Department 141ae /7 SUM- By:p Alan H. 02116:33 CST Name: Alan Shuror Approved as to Form and Legality: Title: Assistant Director,Property Management Department By: City Secretary: pOF°FORpaa� 00 Name: Matt Murray P�o ° Title: Assistant CityAttorneyr °�o °0 0000 By:Jannette S.Goodall(Dec 28,202107:09 CST) o o* d Name: Jannette Goodall �a °°°°°°°°°°° Contract Authorization: Title: City Secretary Qa>1 nEXA5oa M&C: 21-0954 Form 1295: 2021-827032 Non-Exclusive Electrician Services and Supplies Agreement OFFICIAL RECORD S&H Lone Star Electric Inc. CITY SECRETARY FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES 1.0 SCOPE 1.1 Quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City is obligated to pay for only those services actually ordered by a Department Contract Compliance Manager or designee (as provided in section 23.0 of this Scope of Services) and then received as required and accepted by the City. 1.2 Additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. 1.3 Unit prices shall include all costs associated with the specified work, including but not limited to handling,delivery,fuel charges,fees and certifications fees.NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.4 Vendor shall perform any and all services that have been omitted from this scope of services and that are clearly necessary for and in conformance with this scope of services. Such services shall be considered a requirement although not directly specified or called for in the scope of services. 2.0 DEFINTIONS 2.1 Department Contract Compliance Manager shall be a City of Fort Worth employee assigned to manage the compliance,oversight,and/or administration of the contract or project for their specific City department. 2.2 Designee shall be a City of Fort Worth employee assigned by the Department Contract Compliance Manager to assist with the compliance, oversight, and/or administration of the contract or project for their department of employment. 3.0 VENDOR RESPONSIBILITLES 3.1 Supervision - Vendor shall, during all periods of contract performance, provide competent supervision of its employees to assure complete and satisfactory fulfillment of the work and the terms of this Agreement. The Vendor or a capable, fully authorized representative must be immediately available during all work activities to receive any and all special instructions from the Purchasing Manager or designee. 3.2 SqLe!3( — Vendor shall be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include, but not necessarily be limited to, Environmental Health Agency (EPA) regulations, Fort Worth City Ordinances, and Occupational Safety and Health Agency (OSHA) regulations. In addition, the Vendor shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 3.3 Vendor shall complete all work in compliance with the City of Fort Worth Electrical Code. IYvcrEx�Iµ�iY�131" hAdn SCIyLGCS aIIil.6LIPPILeS AgreetneUt S&H Lone Star Electric Inc. Page 12 of31 3.4 A licensed Journeyman electrician must be present on the jobsite at all times, as required by the City of Fort Worth electrical code. Vendor must own, maintain, and make available required personal protection equipment for employees and show proof upon request. Vendor shall ensure the number of Journeyman electricians to Apprentice electricians does not exceed a ratio of one(1) Journeyman to three(3)Apprentices. 3.5 Vendor shall ensure the safety of their employees, City employees, and the general public during the performance of all services under this Agreement. The Vendor shall ensure that all crews are fully and properly equipped to perform services promptly and safely. 3.6 Vendor's employees shell be required to wear an identification badge at all times while performing work under this Agreement. There may be times when the requesting department will issue City Vendor I.D. badges for the Vendor's employees. The I.D. badges shall be surrendered to the department representative upon the completion of each project. 3.7 Vendor shall require all personnel performing work on City property to wear uniforms with the Vendors name clearly displayed on the shirt. 3.8 Hazards- Vendor shall at no time permit placing or use of equipment in such manner as to block traffic lanes or to create safety hazards.Vendor personnel shall provide appropriate warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel, even to the point of interrupting their own work, if necessary. 39 Defective Work and Damages-Vendor shall be wholly responsible for and shall promptly correct or restore all defective work or damages to any job site caused by its activities. Restoration and correction shall be to the complete satisfaction of the City. This shall apply to any part of a building/home, its appurtenances, the adjacent grounds, or any other tangible damage incurred in the performance of the Agreement. Failure by the Vendor to proceed promptly with corrective actions may be cause for cancellation of this Agreement with amount(s) necessary to correct defective work or damage being withheld from payments due or to become due to the Vendor. 3.10 Vendor shall provide written notification of any damage found prior to any work commencing to the Department Contract Compliance Manager or designee. 3.11 Vendor shall be responsible for any defects in the project due to faulty materials and workmanship,or both,for a period of one year from date of final acceptance of the project by the City and willl be required to replace at Vendor's own expense any part or project that is defective due to these causes. 3.12 Clean Up-Vendor shall keep the worksite premises free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Vendor shall remove all waste and rubbish from and about the work area,as well as tools,equipment and surplus materials,and shall leave the area as clean and as free of spots,stains,etc.,as before the work was undertaken.Vendor shall be responsible for disposing and hauling of all trash, demolition debris, unused material, etc. in accordance with all local,state,and federal guidelines. 3.13 Performance-Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this contract shall not be construed as a waiver or relinquishment 1 rron-ExcluSirc riJV CL ician,Services ana 5uppnes Agreement S&H Lone Star Electric Inc. Page 13 of 31 of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 3.14 Warranty of Product-Vendor shall guarantee that the manufacture warranty for all products used in the provided service is transferred to the City. 3.15 Vendor shall notify the City immediately if there is an accident involving injury to any individual on or near a worksite location by phone or radio after insuring the safety of the affected individual(s). 3.15.1 Vendor shall notify the City immediately if there is an incident that causes damage to property after insuring the safety of the affected individual(s). 3.16 Vendor shall provide written documentation for damage to property to the Department Contract Compliance Manager or designee within one(1)calendar day of the incident.Damage to property shall be replaced or repaired to the satisfaction of the City by the Vendor, and at no cost to the City. The City may, however, at its sole discretion, elect to make repairs or replacements of damaged property and deduct the cost from any payments owed to Vendor or to recover costs if no payments are owed. 3.17 Vendor shall immediately notify the Department Contract Compliance Manager or designee whenever work is expected to be hazardous to City employees, the general public, or to City operations. 3.18 Vendor shall block off and mark all work areas with appropriate safety signs and safety barricades or bollards to protect the public from injury. 3.19 Vendor shall be responsible for the enforcement of all safety requirements for any work performed under the Agreement. If the Vendor fails or refuses to promptly comply with safety requirements, the Department Contract Compliance Manager or designee 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 Vendor. 3.20 Vendor shall coordinate the timing and transportation of equipment or materials to the work area. If transportation through the interior of a facility is required, the Vendor shall take every precaution to ensure public safety.Under no circumstances shall the Vendor transport equipment or materials through the interior of a facility without prior coordination with the Department Contract Compliance Manager or designee. 3.21 The City may require the Vendor to respond to expedited service requests. Expedited services shall be defined as services which are needed immediately due to an unforeseen event or a situation which threatens to interfere with the business operations of the City.The City shall have the sole and final authority in determining when services will be designated as Expedited. 3.21.1 Expedited services shall be available 24 hours a day, 365 day a year. 3.212 For each expedited service request, the City shall request services (Notification)and the Vendor shall respond or acknowledge within 30 minutes and be onsite within four (4) hours. Response time shall begin from the time the call is made to the time the Vendor's technician signs in at the facility. 3.21.3 If additional services (general or expedited) are required after the expedited service are completed, those services shall be provided in accordance with the terms and conditions of this Agreement and as outlined in this Scope of Services. Non-Exclusive Electrician Services and Supplies Agreement S&H Lone star Electric Inc. Page 14 of31 3.22 If providing a vernal cost estimate,the Vendor shall provide the Department Contract Compliance Manager or designee a written summary of services provided within two (2) business days. The summary shall include: the location of the services, type and description of services to be performed, and itemized cost of labor and parts (based on prices established in the Agreement), and list of material-handling equipment rentals needed to complete the service(if applicable). 3.22.1 Verbal estimates shall not release the Vendor from its responsibilities as described by the terms of the Agreement. 3.23 Vendor shall perform services in a manner as not to interrupt or interfere with the operation of any existing activity on the premises or with the work of another contractor. 3.24 Vendor shall be responsible for familiarizing themselves with the nature and extent of work to be performed by adequately inspecting the location prior to the start of performing the services. 3.25 Vendor shall not perform outside of what was requested for a specific service request without first having written approval from the Department Contract Compliance Manager or designee. The Vendor shall not install any additional quantities without the Department Contract Compliance Manager or designee's prior written authorization.Invoices shall only be for agreed- upon quantities. The City is not responsible for paying any unapproved invoice items. 3.26 Vendor shall understand the scheduling of events at City facilities takes precedence over any services agreed to by the Vendor and Department Contract Compliance Manager or designee. The Vendor shall not hold the City liable,financially or otherwise,if the City needs to reschedule services with the Vendor due to a new event scheduled at a City facility.The Department Contract Compliance Manager or designee will make every reasonable effort to immediately notify the Vendor of changes in the City's schedule of events which may have an impact on scheduled services. 3.27 Vendor shall report to the Department Contract Compliance Manager or designee upon arrival and departure from a location. The Department Contract Compliance Manager or designee who initially requested the service should inspect the job site upon completion of work to review job performance. 3.28 Vendor shall, upon completion of service call to a location, provide a detailed report describing the services performed and materials installed,repaired,or replaced during the visit and materials picked up at the completion of the job. The report shall be provided to the Department Contract Compliance Manager or designee within one(1)week of completion of the service request,or at a time mutually agreed to between the Vendor and the Department Contract Compliance Manager or designee.The Vendor and Department Contract Compliance Manager may mutually agree on the additional content of the report. 3.29 Vendor shall provide all transportation required to perform the work. Vendor shall park its vehicles in areas designated by the City, if available. In the event that the City cannot make parking arrangements for the Vendor, the Vendor shall be responsible for parking fees and fines. All vehicles parked on City property shall be clearly marked with the Vendor's or subcontractor's name on both sides of each vehicle. Magnetic signs are acceptable. Vendor shall be responsible for damage done to City property or equipment as a direct result of the Vendor's actions. Should the Vendor or its employees cause any damage to City property, the Vendor shall inform the Department Contract Compliance Manager or designee within one(1)calendar day. The Vendor shall make repairs or replacement to the satisfaction of the Department Contract Compliance Manager or designee at no cost to the City within a time frame agreed upon by the Department Contract Compliance Manager or designee. The City may, however, at its sole discretion, elect Non-Exclusive Electrician Services and Supplies Agreement S&14 Lone Star Electric Inc. Page 15 of 31 to make repairs or replacements of damaged property and deduct the cost from any payments owed to Vendor or to recover costs if no payments are owed. 3.30 Vendor shall acknowledge receipt of a standard service request Notification within two (2) business days by responding via phone or email to the Department Contract Compliance Manager or designee.The Department Contract Compliance Manager or designee will provide the Vendor with the location, onsite contact, and a general description of the service request. Vendor shall, for each.project, submit a firm fixed-price quotation to the Department Contract Compliance Manager or designee within two (2)business days of notification for review by the Department Contract Compliance Manager or designee, or at a time mutually agreed to between the Vendor and the Department Contract Compliance Manager or designee. The quote will be evaluated for accuracy, demonstrated understanding of the project scope of work, schedule, and price. 3.32 Vendor shall provide a written firm-fixed-price quote, based on the labor rates listed on the Payment Schedule, 3.32.1 The firm fixed-price quotation shall include: 332.1.1 Description of the work to be performed. 3.32.1.2 Itemized estimate of the parts and materials including manufacturer's list price discount. 3.32.1.3 Timeline including proposed start and finish dates. 3.33 If providing a verbal cost estimate,the Vendor shall provide the Department Contract Compliance Manager or designee a written summary of services provided within two (2) business day. The summary shall include: the location of the services, type and description of services to be performed, and itemized cost of labor and parts (based on prices established in the Agreement), and list of material-handling equipment rentals needed to complete the service(if applicable). 3.33.1 Verbal estimates shall not release the Vendor from its responsibilities as described by the terms of the Agreement. 3.34 Vendor shall perform services in a:manner as not to interrupt or interfere with the operation of any existing activity on the premises or with the work of another Vendor. 3.35 Vendor small be responsible for familiarizing themselves with the nature and extent of work to be performed by adequately inspecting the location prior to the start of performing the services. 3.36 Vendor shall not perform outside what was requested for a specific service request without first having written approval from the Department Contract Compliance Manager or designee. The Vendor shall not install any additional quantities without the Department Contract Compliance Manager or designee's prior written authorization. Invoices shall only be for agreed- upon quantities. The City is not responsible for paying any unapproved invoice items. 3.37 The scheduling of events at City facilities takes precedence over any services agreed to by the Vendor and Department Contract Compliance Manager or designee. The Vendor shall not hold the City liable, financially or otherwise,if the City needs to reschedule services with the Vendor due to a new event scheduled at a City facility. The Department Contract Compliance Manager or designee will make every reasonable effort to immediately notify the Vendor of changes in the City's schedule of events which may have an impact on scheduled services. 3.38 Vendor shall report to the Department Contract Compliance Manager or designee upon arrival and departure from a location. The Department Contract Compliance Manager or designee who rrv„-�xtiluSivG�tCG[r[Gi411 3VI VA es ana 5uppliO Agreement S&H Lone Star Electric Inc. Page 16 of 31 initially requested the service should inspect the job site upon completion of work to review job performance. 3.39 Vendor shall upon completion of service call to a location, provide a detailed report describing the services performed and materials installed,repaired,or replaced during the visit and materials picked up at the completion of the job. The report shall be provided to the Department Contract Compliance Manager or designee within one(1)week of completion of the service request, or at a time mutually agreed to between the Vendor and the Department Contract Compliance Manager or designee. The Vendor and Department Contract Compliance Manager or designee can mutually agree on the content of the report. 3.40 Vendor shall provide all transportation required to perform the work. Vendor shall park its vehicles in areas designated by the City, if available. In the event the City cannot make parking arrangements for the Vendor, the Vendor shall be responsible for parking fees and fines. All vehicles parked on City property shall be clearly marked with the Vendor's or subcontractor's name on both sides of each vehicle. Magnetic signs are acceptable. Be responsible for damage done to City property or equipment as a direct result of the Vendor's actions. Should the Vendor and/or his employees cause any damage to City property,the Vendor shall inform the Department Contract Compliance Manager or designee within one(1)calendar day. The Vendor shall make repairs or replacement to the satisfaction of the Department Contract Compliance Manager or designee at no cost to the City within a time frame agreed upon by the Department Contract Compliance Manager or designee. The City may, however, at its sole discretion, elect to make repairs or replacements of damaged property and deduct the cost from any payments owed to Vendor or to recover costs if no payments are owed. 3.41 Vendor shall acknowledge receipt of a standard service request Notification within two (2) business days by responding via phone or email to the Department Contract Compliance Manager or designee.The Department Contract Compliance Manager or designee will provide the Vendor with the location, onsite contact,and a general description of the service request. 3.42 Vendor shall for each project, submit a firm fixed-price quotation to the Department Contract Compliance Manager or designee within two (2)business days of notification for review by the Department Contract Compliance Manager or designee, or at a time mutually agreed to between the Vendor and the Department Contract Compliance Manager or designee. The quote will be evaluated for accuracy, demonstrated understanding of the project scope of work, schedule and price and shall be awarded to the Vendor meeting the prof ect requirements at the lowest price.To comply with the quote process,the Vendor shall: 3.43 Vendor shall provide a written firm-fixed-price quote, based on the labor rates listed on the Bid Solicitation. 3.43.1 The firm fixed-price quotation shall include: 3.43.1.1 Description of the work to be performed. 3.43.1.2 Itemized estimate of the parts and materials including manufacturer's list price discount. 3.43.1.3 Timeline including proposed start and finish dates. 3.43.2 The submission of a firm fixed-price quotation is evidence that the Vendor has familiarized itself with the nature and extent of the work and any local conditions that may, in any manner, affect the scope of the work to be done, and the equipment, Pion-Exclusive EIvurician services anu supplies Agreement S&lI Lone Star Electric Inc. Page 17 of 31 materials, labor, etc. required. No variation in price or conditions shall be permitted based on the claim of ignorance,negligence,or false representation. 3.43.3 If alternative products are available to meet the sustainability goals of the City,these shall be submitted with the Vendor's quote as an additional or alternative firm fixed- price quotation. 3.44 The Department Contract Compliance Manager or designee will review the quotations and,if approved,will issue a Department Purchase Order(PO)to the Vendor.The Vendor shall not begin work without a PO from a Department Contract Compliance Manager or designee. 3.44.1 The City reserves the right to reject any and all quotes. If the Department Contract Compliance Manager or designee does not agree with the lowest fixed-price quote as presented,the Department Contract Compliance Manager or designee may contact the Vendor to discuss and resolve. Once in agreement,the Vendor shall submit a revised fixed-price quote for approval to the Department Contract Compliance Manager or designee in one(1)business day,or at a time mutually agreed to between the Vendor and the Department Contract Compliance Manager or designee. 3.44.2 Vendor shall acknowledge receipt of the PO by contacting the Department Contract Compliance Manager or designee by email or phone within two(2)hours after receiving PO. 3.44.3 Vendor shall complete the work within the time stated in the firm fixed-price quotation.The Vendor shall notify the Department Contract Compliance Manager or designee upon completion of the services. 3.44.4 Vendor shall request additional time, in writing, if the Vendor determines the services being performed cannot be completed as specified in the firm fixed-price quotation. The Vendor shall not increase the original fixed-price quote for any Vendor requested time extension due to delays caused by the Vendor. The Vendor and the Department Contract Compliance Manager or designee shall mutually agree to a new completion date. Under no circumstances shall the Vendor leave services unfinished without prior approval frorn the Department Contract Compliance Manager or designee. 3.44.5 Vendor shall acknowledge and understand that the firm fixed-price quote is the maximum amount the City will pay for the service,regardless of increases in labor, equipment, or materials initiated by the Vendor.Vendor changes to the approved firm fixed-price quotation shall not increase the total dollar amount of fixed-price quotation. 3.44.6 Vendor shall immediately notify the Department Contract Compliance Manager or designee in writing(or by email)if additions, deletions, or revisions to a job assignment are needed. 3.44.7 Within one (1) business day of verbal notification, the Vendor shall submit a written Project Quotation Change Request to the Department Contract Compliance Manager or designee.The City reserves the right to reject any changes to the project firm fixed- price quotation requested by the Vendor. Under no circumstances shall Vendor Non-Exclusive Electrician Services and Supplies Agreement S&N bone Star Electric Inc Page 18 of 31 proceed with changes to the project firm fixed-price quotation without approval from the Department Contract Compliance Manager or designee. 3.33.7.1 The Project Quotation Change Request shall include the following: 3.33.7.1.2 A description of the change or addition in the work and the reason for the change or addition, explaining the benefits of the change or addition. 3.33.7.1-3 The adjustment in the project time, if applicable. 3.44.8 If the City requests to change a fixed-price quote due to a change in the scope of work that would increase the number of Iabor hours required or the amount of materials required, the Vendor shall amend the original amount and, upon approval and acceptance by the Department Contract Compliance Manager or designee, of the amended fixed-price quote,shall be reimbursed for the changes. 3.45 Vendor shall comply with all federal, state, local, and City regulations that relate to electrical installation,repairs,and related services_ 3.46 Vendor shall perform the following electrical related services on an as-needed basis. Types of services may include,but are not limited to,the following: 3.46.1 Disconnects; 3.46.2 Alternating Current(AC)and Direct Current(DC)power supplies; 3.46.3 All types of electrical construction work(new and rehab); 3.46.4 Electrical Metallic Tubing(EMT)and non-metallic tubing; 3.46.5 Conduit installation and repair; 3.46.6 Minor excavation or digging may be required for buried repairs or installation of new conduit; 3.46.7 Wiring and cable installation and repair; 3.46.8 Electrical equipment installation and repair; 3.46.9 Minor building or equipment modifications necessary to make repairs; 3.46.10 Temporary wiring to building and/or building events; 3.46.11 Diagnostic testing and repairs;and 3.46.12 Inspections, 3.47 Repair parts and materials used to perform services under this Agreement shall be factory-new, free of defects in materials and workmanship, and meet or exceed the Original Equipment Manufacturer(OEM)specifications as approved by the City's Department Contract Compliance Manager or designee. 3.48 Vendor shall not charge the City for repair parts and materials other than those used in the performance of services for the City. 3.49 All charges for repair parts and materials shall be included in the firm fixed-price quotation and will not be billed separately. Non-)inclusive 131ectrician Scrvicc3 and Supplies Agreencenl S&H Lone Star Electric Inc. Page 19 of 31 3.39 All equipment used in the performance of this contract, shall be in good operating condition and shall meet or exceed OSHA industry standards. 3.50 Vendor may not store used supplies and equipment on City premises at the end of the work day unless otherwise specified by the Department Contract Compliance Manager or designee. 3.51 No gasoline,natural gas,diesel,or propane-powered equipment shall be allowed inside a facility without the written permission of the Department Contract Compliance Manager or designee. 3.52 Any motorized or mechanical equipment such as lifts,booms, or scaffolds will be inspected and approved by the Department Contract Compliance Manager or designee before use.Non-marking tires shall be cleaned before entry into a City facility.In addition,the City may require a covering be laid on the floor to protect it from the equipment. The Vendor is responsible for any damage resulting from tire burns, battery leaks, oil or hydraulic leaks, scrapes,or scratches caused by its equipment. 3.53 City may call for a work stoppage at any time if inferior equipment that is creating hazardous conditions or damaging City property is in use by the Vendor. The City shall have the sole and final authority in determining if Vendor's equipment is inferior. 3.54 Under no circumstances shall the Vendor charge the City if the Vendor elects to purchase tools and equipment used to perform services under this Agreement. This does not include any equipment rentals. 3.55 Vendor shall obtain written approval from the Department Contact Compliance Manager or designee prior to renting any equipment.Under no circumstances shall the Vendor rent equipment without such prior approval. All costs of Rental Equipment shall be included in the firm, fixed- price quote. 4.0 ELECTRICAL SERVICES SPECIFICATIONS 4.1 Vendor shall provide all labor, equipment, parts and materials necessary to repair existing and install new electrical systems as requested by a Department Contract Compliance Manager or designee on an as-needed basis. 4.2 Services requested shall be for City-owned properties. Occasionally, the Water Department shall request service at residential locations as needed.These services mainly consist of repairs due to damages. 5.0 RESPONSE TIME 5.1 For Parks and Recreation Department: 5.1.1 Vendor shall respond to site the same day contacted,if called before 12:00 p.m.or the next day if called after 12:00 p.m.In case of emergency,the Vendor shall respond to the site within 4 hours. 5.1.2 Regular hours shall be 7:00 a.m.to 3:00 p.m.,Monday through Friday. 5.1.3 Amer hours shall be 3:01 p.m.to 6:59 a.m.,Monday through Friday; 5.1.4 Weekend and Holiday Hours shall be 3:01 Friday to 6:59 a.m_Monday.Holiday hours shall be all City observed holidays. 5.2. For all other City of Fort Worth Departments: N--En Iuair UW"ricia[i 5O[vik;y�=U 3uppaies Agreernenj -- S&H Lorne Star Electric Inc_ Page 20 of 3l 5.2.1 Vendor shall respond to site the same day contacted, if called before 12:00 p.m.or the next day if called after 12:00 p.m. In case of emergency,the Vendor shall respond to the site within 4 hours. 5.2.2 Regular hours shaII be 8:00 a.m.to 5:30 p.m.,Monday through Friday. 5.2.3 After hours shall be 5:31 p.m.to 7:59 a.m.,Monday through Friday; 5.2.4 Weekend and Holiday Hours shall be 5:31 Friday to 7:59 a.m. Monday. Holiday hours shall be all City observed holidays. 6.0 COORDINATION 6.1 Vendor shall become familiar with all details of the work and verify all dimensions in the field so that outlets and equipment shall be properly located and readily accessible. 6.2 Lighting fixtures, lighting control systems, outlets and other equipment and materials shall be located to avoid interference with mechanical or structural features; otherwise, lighting fixtures shall be symmetrically located according to the room arrangement when uniform illumination is required,or asymmetrically located to suit conditions. 6.3 Raceways,junction and outlet boxes,and lighting fixtures shall not be supported from sheet metal roof decks. 6.4 If any conflicts occur necessitating departures from the drawings, details of and reasons for departures shall be submitted and approved prior to implementing any change. 6.5 Vendor shall coordinate the electrical work with Heating, Ventilating, and Air Conditioning (HVAC) contractors, coordinate electrical drawings, provide all power related to VFD (variable frequency drives), motors, motor control centers, wiring, etc. even if they are not shown on electrical drawings. 6.6 Services may include the installation or repair of UPS (uninterruptible power supplies), surge protectors,electrical safety equipment,motors,gate controllers,solar lighting,solar panels,buried concrete pull boxes, metal (galvanized and aluminum.) poles, anchor poles with concrete piers, security lighting,or general electrical items as needed. 7.0 TYPE OF WORK REQUIRED 7.1 Vendor shall be able to work in an elevated position.-up to 60 feet in the air. 7.2 Vendor may perform work on elevated tanks,meter vaults, and in other hazardous locations 8.0 TYPES OF EQUIPMENT TO BE SERVICED 8.1 The types of equipment to be serviced includes, but is not limited to, the following brands of switchgear: ITE switchgear, Square D switchgear, Siemens Allis switchgear; and liquid filled compartment type pad mounted transformers,motor control centers,Emerson(EIM)valves,limit torque valves, DC drives and controls, alternating current (AC) variable speed drives, ozone equipment, Westinghouse motor starters, street lights, electrical services, chemical feed pumps and motors, office and building lights, park and athletic field lights, solar lighting, solar panels, buried concrete pull boxes,metal (galvanized and aluminum poles), anchor poles with concrete piers and security lights. 9.0 EQUIPMENT AND SUPPLIES i fon-Exclusive Liecirician Services and supplies Agreement S&14 Lone Star Electric Inc. Page 71 of 31 9.1 All City departments, through a Department Contract Compliance Managers or designee, are eligible to purchase electrical equipment or parts and supplies from existing City-wide purchase agreements for electrical supplies. 9.2 Electrical equipment/parts and supplies may be furnished by the City at the City's discretion. 10.0 WEATHERPROOF LOCATIONS 10.1 Wiring, fixtures and equipment in designated locations shall conform to the latest edition of the National Fire Protection Association, (NFPA) 709. National Electrical Code requirements for installation in damp or wet locations. 11.0 APPLICABLE STANDARDS AND SPECIFICATIONS 11.1 All services,parts,and materials provided under this contract shall be in accordance with the most current volume of the of the National Electric Code, all City Ordinances and amendments, all current applicable codes of the American National Standard Institute, American Society for Testing and Materials(ASTM),Code of Federal Regulations,Federal Specifications,Institute of Electrical & Electronics Engineers, Insulated Cable Engineers Association, National Fire Protection Association,Rural Electrification Administration and Underwriters Laboratories. 12.0 IDENTIFICATION NAMEPLATES 12.1 Major items of electrical equipment and major components shall be permanently marked with an identification name to identify the equipment by type or function and specific unit number as indicated.Designation of motors shall coincide with their designation in the motor control center or panel. Unless otherwise specified, all identification nameplates shall be made of laminated plastic in accordance with ASTM D709 with black outer layers and white core. Edges shall be chamfered. Plates shall be fastened with black finished round-head drive screws, except motors, or approved non-adhesive metal fasteners.When the nameplate is to be installed on an irregular- shaped object,the Vendor shall devise an approved support suitable for the application and ensure the proper installation of the supports and nameplates. In all instances, the nameplate shall be installed in a conspicuous location. At the option of the Vendor, the equipment manufacturer's standard embossed nameplate material with black paint-filled letters may be furnished in lieu of laminated plastic. The front of each panel board, motor control center, switchgear and switchboard shall have a nameplate to indicate the phase letter, corresponding color and arrangement of the phase conductors. 13.0 AS-BUILT DRAWINGS 13.1 Following the project completion or turnover, within thirty(30)days of acceptance,the Vendor shall furnish two(2)sets of as built drawings to the requesting department. 14.0 PAYMENT SCHEDULE 14.1 Hourly labor rates and percentages bid shall be the delivered price and items shall be delivered with the terms of FOB Destination,Freight Prepaid,and Allowed. 14.2 The hourly labor rates for repair will be actual time worked at the City's job site to the nearest one-quarter hour. 14.3 Vendor's delays,servicing delays,mileage,freight,parts procurement, or travel time shall not be accepted or paid by the City under the terms of this Agreement. 14.4 Electrical equipment or parts and materials for repairs shall be charged to the City using a cost plus/mark up percentage listed in the Payment Schedule. Non-Exclusive Electrician Services and Supplies Agreement S&H Lone Star Electric rnc_ Page 22 of 31 14.5 Vendor shall provide proof of cost with all invoices that Iist electrical equipment or parts and material charges. 15.0 STANDARD PRODUCTS FOR PARKS AND RECREATION 15.1 Material and equipment shall be standard products of manufacturers regularly engaged in the manufacture of the products for at least two (2)years prior to execution of this Agreement, and shall essentially duplicate items that have been in satisfactory use_ 15.2 The City of Fort Worth utilizes the following standard products in order to ensure that the quality and look of park facilities is equitable in recreational opportunities and uniform throughout the City.Each product is reviewed by park maintenance staff in order to determine that park facilities can be properly maintained and replacement parks are readily available. New products are evaluated periodically as new product information is available. ITEM MODEL# i DESCRIPTION Remote Control System IRRInet Remote System Controller by Interspec(for athletic field) Light Fixture Type S 1500 Ligbt Structure Green Sports lighting fixture Light Fixture Type F SERIES Widelite— 1500 watt Metal Halide Poles LSS60A/28 Galv. Tube steel w/lighting LSS60AA/28 fixture racks—65'-8"ht. Electrical Enclosure Model M Type Model M Type aluminum single door enclosure Electrical Enclosure Model M Type Model M Type aluminum single door enclosure Remote Lighting Controller Interspec IRRInct Remote System Controller(for athletic field) Fixture Type SFP-T2-5-120LA-NW-240- Philips/GARDCO FINISH-LF-SPR SLENDERFORM SERIES Area Lighting Fixture 2-3/8" x 4" Tenon,Type 5 Distribution, 530mA Single Array, 4000k Color Temperature, 70 CRI,In- Line Fusing,ANSI Pole RSP30-5.0-7-(F)-2-BC 30'Pole,Round NonTapered Steel 7 Gauge, 5 inch diam., shall comply with AASHTO LTS-4- M,Individual cast Fixture Type 1 SA-ALT3P35-60L4K Kim Lighting-Altitude LED- single,one piece, low copper, aluminum extrusion is Non-Exclusive Elout iaian ScrvicCs and SupplieS Agreement 3&H Lone Star Electric Inc_ Page 23 of M mechanically secured with stainless steel fasteners to low 15.4 Park Facility Exterior Lighting Specifications 15.4.1 The City of Fort Worth utilizes specifications and standards in order to ensure that the duality and look of park facilities exterior lighting is standard and uniform,throughout the City. See ITB No. 21-0196 for the additional specifications and standards. 16.0 CITY REQUIREMENTS AND RESERVATIONS 16.1 The City shall identify the location, City contact,and description of the service request to the Vendor. 16.2 The City shall provide a purchase order number before the commencement of any service. 17.0 LAWS,REGULATIONS,AND ORDINANCES 17.1 The Vendor shall be responsible for meeting all federal: laws, ordinances and regulations; state: laws, ordinance and regulations; county: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limuted to, all federal, state, county, and City Agencies, administrations and commissions such as the Environmental Protection Agency(EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the effective date this Agreement,the Vendor is required to comply with new law,regulation or ordinance. Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 18.0 INVOICING REQUIREMENTS 18.1 The City of Fort Worth has begun implementing an automated invoicing system. 18.2 The Vendor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address.The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 18.3 Invoices must include the following on the subject line of the e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456 FW013- 0000001234) 18.4 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. xa==-i nuivairu EtwirRaval Sorvic Z autr oupplio Agreement S&H Lone Star Electric Inc. Page 24 of 31 F •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. 18.5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice,please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPa able fortworthtexas. ov. 18.6 If vendor is unable to send the invoice as outlined above at this time,please send the 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. 18.7 If electronic invoicing is not possible,Vendor shall send paper invoices to: City of Fort Worth Attn:FMS Central Accounts Payable 200 Texas Street Fort Worth,Texas,76102 The City's goal is to receive 100%of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal,we need the Vendor's support. If Vendor has any questions, please contact the Accounts Payable team at (817) 392- 2451 or by email to ZZ FIN AccountsPqyable@fortworthtexas.tiov. 18.8 Vendor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 19.0 UNIT PRICE ADJUSTMENT 19.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal period but before the effective date of the renewal upon written request from the Vendor. 19.2 Vendor shall submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request. 19.3 If the City concludes that the rate increase being requested is exorbitant,the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division will issue a new solicitation. Nan-Eaclusivc Electrician ScMues acEti Supplies Agreement S&H Lone Star Electric Inc. Page 25 of 31 19.4 Prices shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 19.5 Prices shall be used for bid analysis and for Agreement Payment Schedule.In cases of errors in extensions or totals,the unit prices offered will govern. 19.6 Goods and services shall not be suspended by the Vendor without a 30 day prior written notice to the City 20.0 PERFORMANCE 20.1 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions,but the Vendor's obligation with respect to such performance shall continue in full force and effect. 21.0 UUZARDOUS CONDITIONS 21.1 The Vendor shall notify the City immediately of any hazardous conditions or damage to any property or person. 21.2 Hazardous materials shall be handled with care and workers must wear Personal Protective Equipment(PPE)while handling hazardous material.If there are questions regarding how to dispose of materials,the Vendor shall contact City of Fort Worth Code Compliance at 817- 392-1234. 22.0 CONTRACT ADMINSITRATION 22.1 Contract administration will be performed by various City departments. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor's deficiencies.A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 22.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problems, which could include cancellation, termination for convenience, or default. 23.0 DEPARTMENT CONTRACT COMPLIANCE MANAGERS 23.1 Department Contract Compliance Manager shall be a City of Fort Worth employee assigned to manage the compliance, oversight, and administration of the contract or project for their specific City department. 23.2 Designee shall be a City of Fort Worth employee assigned by the Department Contract Compliance Manager to assist with the compliance, oversight, and administration of the contract or project for their department of employment. 23.3 The following individuals are designated by the City as Department Contract Compliance Managers under this Agreement- Non-Exclusive Electrician Services and Supplies Agreement S&H Lone Star Electric Inc. Page 26 of 3l Department Contract Manager Title Email Phone Parks Rebekah Doyle Sr Contract Compliance Rebekah.do le fortworthtexas. oy (817)392-5722 Specialist Aviation Ricardo Barcelo Administrative Services Ricardo.barcelo fortworthtexas. ov (817)392-5403 Manager Water Maenica Berry Purchasing Manager Maenica.be fortworthtexas. ov (817)392-8198 Property Aaron Cutaiar Facilities Superintendent Aaron.cutaiar fortworthtexas. ov (817)392-7864 Mgmt Transportation Michelle Hadley- Contract Compliance Specialist Michelle.hadley- (817)392-7233 and Public McGhee rneghee(c�fortworthtexas.gov Works Public Events Andrea Wright Asst Public Facilities/Events Andrea.wri t fortworthtexas. ov (817)392-2502 Director 23.4 The City may, with, written notice to Vendor, add or remove Department Contract Compliance Managers at any time- Non-Exclusive Electrician Services and Supplies Agreement S&H Lone Star Electric Inc. Page 27 of 31 EXHIBIT B PAYMENT SCHEDULE FORT WORT#. BID SOLICITATION Event ID - page Invited. EVENT DETAILS CErW01-21-0136 Event Round version Submit To: G�'tyyr of Fort WorM Fli�AtdCtAL MANAGEMENT SERVICES Rvont NNW I _ FINANCE-Purchasing I Riftetririaa 9e +rice Finish T4rea 200 Texas St Lower Level,South) Fort Worth TX 70102 03 21 2021 17 r 00 t 0 o ST}3 10 07 2021 23 a 30_00 CDT united States Entail; FMPurchasingRarparveoc ltooworthtexas gov Line: 2 neacr3 n' Joumeyyman•Regular Hours,WridayttsoWh N67.00--�w......M.-.....-�H.�.Rt..::..N..._�..�_,. uniE�F7tae latai Friday 19.00arn to 9;30pm 65.Qd L582,465.00 Line: 5 PrfxcN6rtbrr:.--- -- Cmt-. Unit Uriiti'rtoa Tom.. .w Journeyman After Hours.Monday through Friday � 611.00 HR &31pnt t,�7:59am 93.000— 75,423.� Line: 7 04` AR111on __� Qty kfnR UnitPFk3e TOW rB Joutrvxyrneti City ,cragr�dzrrd HWtda11`sand _ - Weekends ay :31prn to Monday 7:6aam 121DA Line: 3 P-0969.1 tltttt M Total Ayprentice4i0mr Regular Hours.lion ty 96$t.Ofi HR through FKdsy 8:00arn to 6.30prn 3$.OQ $387,8TB.Q0 Line; $ Descri &rn: _-- ApprerWt etHelper After Hours,Monday ituaough 811:8FI MR Friday 5:31 pm to 7:59am $43,794.00 Lino: U Tow Apprsntr�t Clly retipE�niYCd HoWorp 2tt -00 HR 7U OQ and Weekends Friday 5:31 m to Monday 7:59am � $197,756.08 Ll+as: 11 f va tivn _...._ �_�____ QW .unk Uw}l pir� Total ouster Ebei:rtfclan Pegulm Flours.Monday 1000.04 1HR 1hmugh Friday 8,Warn to 5;30pm 1"^" ..... 78.OD $73,00O 00 Line: 12 Deerrfption: rs� t1R .... Ele... ..0 .____._ ._....._�±T �� Hasler Bectriden Auer Hours,talonday 500.00 FIR through.Friday 5:31 prn to 7:5$am t 109.00 $54.5i][3.OQ iron-axciusive trlcc mcian 5erviees and Supplies Agreement S&ki.Lone Star Electric Inc. Page 28 of 31 0�7'�UIZTH BID SOLICITATION E+vardID __.-.. Payei Invltad: EVENT DETAILS crux-aa�tra4� Evont Round vill"lo t Submit To: Giy of Fort Worth i FINANCIAL MANAGEMENT SERVICES levant Name _ FINANCE-Purchasing Sun 'join, s�^vi a Fit' h Tuna 2W Texas St-(Lower Level,South) Una Fort Worth TX 76102 U 31 a x 17_00: United Stags Email: FMSPurehasingResponsesaforhmmthtexas gov tins: 13 t�escri an_ 01ty unit Master t MCMdan City reooprilzed HWdays 500.00 HR and Weekends Friday&31pm as h wx*7:59am 13B.lItT 587,5E14_b0 Urte: 14 _.i1�0 HY-Put Test 5(l0 00 $.551000 00 Line. 15 0_ ---lobo,: W _ R�w_ unit tJnitRrtce Total E--witted Service Fev per occttrrrtnrs,ors ite sm EA within 4 hours altar wHe0 153.00 Total Bid Amount: ------- $1,587,076.00 Non-Exclusive Electrician Services and Supplies Agreement 5&H Lone Star Electric hie. Page 29 of 31 EXHIBIT C VENDOR CONTACT INFORMATION ATTACHMENT C-VENDOR CONTACT INFORMATION Vendor's Name: S&H Lone Star ElecMc Inc. Vendors Local Address: 2320 Cullen St, Fort Worth,TX.76107 Phone: 817-335-8044 Fax. 817-335-7853 Email: Name:of persons to contact when requesting services or billing questions: Name/Title Brad Ga0man Estimator Phone; 817-319-5750 Fax: 817-335-7853 I*rrsait: grad t_ianeStarElectrcpEV4+.com Narne:Title Qlay Ciss nski Estimator Phone: 817-929-4832 Fax: 817-335-7853 Email; cla}r�7a.LcneStarEtect►tcl3FW.com NarnefTitle Sandy Wilson Act.RaceivaNe Phone: 817-335-8044 Fax: 817-335-7853 Email: sandy@Loni3SiarEtectricOFW.com Will your company accept P-Card payments? yes no Brad Gailman f� f gnature Printers Name Date Non-Exclusive Electrician Services and Supplies Agreement S&H Lone Star Electric Inc. Page 30 of 31 EXHIBIT D VERIFICATION OF SIGNATURE AUTHORITY S &H Lone Star Electric Inc. 2320 Cullen Street Fort Worth,TX 46107 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 Forth 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. I. Name:-rr LVtS vosivo Position: ES jj rA 4,or Signature 2.Name: C `v C 'jes�nSk4 Position: t Signat 3.Name: 13Y-C�k Ga��rna Vr Position: c f-Wc c, +t v+rr�v► - C 6�":��o r Si a e Name: Inlip" s--j9� 4 Signature of Pr sident/CEO Other Title: PE 15 m E-A Date: z F A Non-Exclusive Electrician Services and Supplies Agreement S&14 Lone Star Electric Inc. Page 31 of 31 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoT+ H DATE: 12/14/2021 REFERENCE**M&C 21- LOG NAME: 13P 21-0196 ELECTRICIAN NO.: 0954 SERVICES AND PARTS JC CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize an Agreement with S&H Lone Star Electric, Inc. for Electrician Services and Parts in a Combined Annual Amount Up to $1,587,075.00 and Authorize Four Annual Renewals Options for the Same Amount for the City of Fort Worth RECOMMENDATION: It is recommended that the City Council authorize an agreement with S&H Lone Star Electric, Inc. for electrician services and parts in a combined annual amount up to $1,587,075.00 and authorize four annual renewals options for the same amount for the City of Fort Worth. DISCUSSION: The Property Management, Aviation, Park& Recreation, Transportation and Public Works, Water, Public Events, and Human Resources departments requested that Purchasing issue an Invitation to Bid (ITB) for Agreements to procure labor, parts, and all tools for new and rehabilitative electrical work and repairs in City-maintained buildings. Also, the Water and Human Resource Department may use the Agreements for repairs due to accidental damages at work-site locations. The ITB consisted of detailed specifications listing the service expectations, level of expertise as well as required licenses and certifications. The specifications required the vendor to provide labor and parts for electrical work, repairs, and parts. The ITB was advertised in the Fort Worth Star-Telegram on September 22, 2021, September 29, 2021, and October 6, 2021. The City received one bid. Bids were evaluated on Best Value criteria, including cost, contractor's qualifications, experience, references, availability of resources to provide services, and their approach to perform services. Staff from Property Management, Park and Recreation, Water, Transportation and Public Works, and Public Events evaluated the bids submitted and recommends awarding a one-year agreement to S&H Lone Star Electric, Inc. along with four one-year options to renew. No guarantee was made that a specific amount of these services and parts will be purchased. BUSINESS EQUITY: A waiver of the goal for M/WBE subcontracting requirements is approved by the Diversity and Inclusion Department, in accordance with Ordinance No. 225165-10-2021 (the Business Equity Ordinance), because the application of the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS - Upon City Council approval, each agreement shall begin upon execution and expire one year from that date. RENEWAL OPTIONS - Each agreement may be renewed for four additional one-year renewal periods. This action does not require specific 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 participating departments' Operating Funds to support the approval of the above recommendation and execution of the agreement. Prior to an expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Jay Chapa (5804) Originating Department Head: Reginald Zeno (8517) Additional Information Contact: Cynthia Garcia (8525) Jeff Cope (8313) ATTACHMENTS 21-0196 1295.pdf (CFW Internal) 21-0196 Electrical Service Jeff Cope-GW.pdf (CFW Internal) SAMs Report 11-22-2021.pdf (CFW Internal)