HomeMy WebLinkAboutContract 57159 City Secretary Contract No. 57159
FORT
NON-EXCLUSIVE PLUMBING SERVICES AGREEMENT
This NON-EXCLUSIVE PLUMBING SERVICES AGREEMENT("the Agreement")is made
and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal
corporation and Jackey R Dunn, Jr., dba Romance Services ("Vendor" or "Contractor"), a Texas Sole
Proprietorship,each individually referred to as a"party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A— Scope of Services;
3. Exhibit B—Price Schedule;and
4. Exhibit C—Vendor Contact Information
Exhibits A,B, and C 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, B, or C 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.Plumbing Services. Exhibit"A,"- Scope of Services more specifically
describes the services to be provided hereunder.
2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below
("Effective Date") and shall expire on February 28, 2023 ("Expiration Date"), unless terminated earlier in
accordance with this Agreement("Initial Term"). City shall 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 options.
3. Compensation. City shall pay Vendor an amount not to exceed One Million, Eight
Hundred Twenty-Five Thousand, Seven Hundred Dollars and 00/100 ($1,825,700.00) in accordance
with the provisions of this Agreement and Exhibit `B," Price Schedule, which is attached hereto and
incorporated herein for all purposes. Vendor shall not perform any additional services for the City not
specified by this Agreement unless the 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. City agrees to pay all invoices of Vendor within thirty
(30)days of receipt of such invoice. The City makes no promise or guarantee of the total amount of
work that will be assigned to Vendor under this Agreement.
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.
OFFICIAL RECORD
Plumbing Services Agreement CITY SECRETARY
Jackey R Dunn Jr.,dba Romance Services
FT. WORTH, TX
City Secretary Contract No.
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 shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date,City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in
writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it shall treat all information provided to it by City ("City Information") as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
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 shall promptly notify Seller. It will be the responsibility of Seller 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.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access,modify, delete or otherwise corrupt City
Information in any way. Vendor shall notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised,in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City shall,until the expiration of three (3)years after
final payment under this 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
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relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during
normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Vendor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees,Vendors and subVendors.Vendor acknowledges that the doctrine of respondeat superior shall
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents,
servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City.
Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers,agents, servants,employees or subVendor.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTY DAMAGE OR LOSS 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
OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend, settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
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with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action,with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or,if as a result of a settlement or compromise,such use is materially adversely
restricted,Vendor shall, at its own expense and as City's sole remedy,either: (a)procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d)if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor shall 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 work 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:
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$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall 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 work is being performed
Employers' liability
$100,000- Bodily Injury by accident;each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall 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 shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall 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 shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium.Notice shall 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.
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(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall 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 shall comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subcontractors and successors in interest,as part of the consideration herein,agrees that in the performance
of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law.IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR,ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by 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 Jackey R. Dunn,Jr. dba Romance Services
Attn: Assistant City Manager Jackey R. Dunn Jr.,Owner
200 Texas Street 2580 Bruce Avenue
Fort Worth,TX 76102-6314 Fort Worth,TX 76111
Facsimile: (817) 32-8654 Facsimile: (817) 831-0559
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
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15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Maieure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission
in 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, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A,B,and C.
22. Amendments/Modifications/Extensions. No amendment,modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor,their assigns and successors in interest, as
to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30)days from the date that the services are completed. In such event, at Vendor's
option,Vendor shall either(a)use commercially reasonable efforts to re-perform the services in a manner
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that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
26. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement(collectively, "Work Product"). Further,City
shall be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product shall be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right,title and interest in
and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim,lien for balance due,or rights of retention thereto on the part of City.
28. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution,ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
29. Change in Company Name or Ownership. Vendor shall notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
30. 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
2270 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"
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and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written
verification to the City that Vendor:(1)does not boycott Israel; and(2)will not boycott Israel during
the term of the contract.
31. Prohibition on Boycotting Enerp_y 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,which will 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.
32. 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 which will 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.
33. Payment Bonds and Performance Bonds.For construction costs of individual Purchase
Orders in excess of$25,000 and that utilize subcontractors, the Vendor will be required to give the City
surety in a sum equal to the amount of the Purchase Order awarded. The form of the bond shall be as
provided by the City and the surety shall be acceptable to the City. All bonds furnished hereunder shall
meet the requirements of Texas Government Code Section 2253,as amended.
In order for a surety to be acceptable to the City,the surety must(1)hold a certificate of authority from the
United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under
federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is
authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority
from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required
under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request.
The City,in its sole discretion,will determine the adequacy of the proof required herein.
No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which
are interested in any litigation against the City. Should any surety on the contract be determined
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unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor
shall immediately provide a new surety satisfactory to the City.
If the construction cost for a Purchase Order is $25,000 or less, payment to the Vendor shall be made in
one lump sum.Payment shall not be made for a period of 45 calendar days from the date the work has been
completed and accepted by the City.
If the construction cost of the Purchase Order is in excess of$25,000 and subcontractors are utilized, a
Payment Bond shall be executed, in the amount of the Purchase Order, solely for the protection of all
claimants supplying labor and materials in the prosecution of the work.
If the construction cost of the Purchase Order is in excess of$100,000, a Performance Bond shall also be
provided, in the amount of the Purchase Order, conditioned on the faithful performance of the work in
accordance with the plans,specification,and contract documents. Said bond shall be solely for the protection
of the City.
34. Permits. Vendor shall apply for all City of Fort Worth Permits and for any other permits
required by the specific Purchase Order projects. City of Fort Worth Building and Trade Permit fees are
waived. Separate permits may be required for each work location. Permit fees shall be reimbursed at the
actual cost of the permit fee.
35. Wage Rates.Not less than the prevailing wage rates must be paid for the specific Purchase
Order project. On Purchase Orders where special wage rates (e. g. Davis-Bacon) apply, then the Vendor
must meet all requirements of such programs.
36. Workers' Compensation Insurance. Vendor will be required to demonstrate that
Workers Compensation Insurance coverage is in effect at time of issuance of each Purchase Order. A
Certificate of Insurance or other proof will be required.
37. Taxes.Equipment and materials not consumed by or incorporated into the work are subject
to State sales taxes.
38. Utilities and Impact Fees. The City will pay water and sewer utility tap fees and impact
fees. Unless shown otherwise,the City will coordinate and pay for water and sewer taps and meters to the
property line.The Vendor will include all remaining fees from the electrical and gas companies in the base
bid. The Vendor will be responsible for coordinating with City and utility companies for installation of
utilities.Unless indicated otherwise on the plans,the Vendor will be responsible for costs and installations
from the building side of the water meter and sewer tap.
39. Testing Services. The City shall provide for, independently of the Contractor, the
inspection services,the testing of construction materials engineering, and the verification testing services
necessary for the acceptance of the construction work.
40. Warranty of Construction. The Vendor shall warrant that all work performed conforms
to the Purchase Order requirements and is free of any defect in equipment, material, design furnished, or
workmanship performed by the Vendor or any of its design professionals, subcontractors or suppliers at
any tier. All work provided by the Vendor shall be warranted for a minimum period of one (1) year from
the date of final acceptance of the Purchase Order work.
Plumbing Services Agreement Page 10 of 28
Jackey R Dunn Jr.,dba Romance Services
City Secretary Contract No.
41. City Inspection and Acceptance. Inspection and acceptance shall be as stated in the
specific Purchase Order. City hereby reserves the right to perform inspections of the work and any and all
inspections performed by the City or by others for the City shall be for the sole benefit of the City. The
presence or absence of a City inspector does not relieve the Vendor from any contract requirement,nor is the
inspector authorized to change any term or condition of this Agreement or a Purchase Order without the City's
written authorization. Quality control for the work is the responsibility of Vendor. Vendor shall, without
charge,replace or correct work found by the City not to conform to the contract requirements,unless in the
public interest,the City consents to accept the work with an appropriate adjustment in Purchase Order price.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
(signature page follows)
Plumbing Services Agreement Page 11 of 28
Jackey R Dunn Jr.,dba Romance Services
City Secretary Contract No.
ACCEPTED AND AGREED:
City: Jackey R Dunn Jr., dba Romance Services
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By: Dana Burghdoff(Feb 22,20 09:06 CST By: Jackey R trunn Jr(Feb 18,202217:39 CST)
Name: Dana Burghdoff Name: Jackey R Dunn,Jr.
Title: Assistant City Manager Title: Owner
Date: Feb 22, 2022 Date: Feb 18,2022
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
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
By: Steve o6ke(Feb21,202213:19CST) performance and reporting requirements.
Name: Steve Cooke
Title: Director,Property Management
Department 41an f Shuior
By: Alan H.Shuror(Feb 19,202212:35 CST)
Name: Alan Shuror
Approved as to Form and Legality: Title: Assistant Director,Property Management
DepartmentICY .-00000.
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By: City Secretary: pro
Name: Matthew Murray �S 00
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Title: Assistant City Attorney o o
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By: Jannette S.Goodall(Fe 22,2022 19:02 CST) aT CX 0OG1�.O'
Contract Authorization: Name: Jannette S.Goodall � ixX'b
M&C: 22-0097 Title: City Secretary
Form 1295#: 2021-835056
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Plumbing Services Agreement Page 12 of 28
Jackey R Dunn Jr.,dba Romance Services
EXHIBIT A
SCOPE OF SERVICES
1.0 SCOPE
1.1 Vendor shall supply labor,materials,parts,tools, and equipment necessary to perform
plumbing services for the City Departments on an as needed basis.
2.0 DEFINITIONS
2.1 Department Contract Manager shall be the City of Fort Worth employee assigned to manage
the compliance,oversight and/or administration of the contract or project for their
department of employment.
2.2 Designee shall be the City of Fort Worth employee assigned by the Department Contract
Manager to assist with the compliance,oversight and/or administration of the contract or
Project.
2.3 Expedited Service(s) shall mean service(s)that address a threat to public safety,health or real
property and includes restoration of services following a catastrophic event,theft,
intentional or accidental damage. Response is expected within one (1)hour after request
from Department City Manager or designee.
3.0 WORK PERFORMANCE
3.1 Vendor shall perform all services on an as needed basis for all City locations.
3.2 Vendor shall provide all maintenance manuals for installations and/or repairs.
3.3 Vendor shall ensure all installations are in full compliance with Americans Disability Act
(ADA).
3.4 Demolition Service
3.4.1 Vendor shall not perform demolition services until asbestos clearance has been
communicated,in writing,to the Vendor by the Department Contract Manager or
designee
3.4.2 Vendor shall use best sustainable practices to remove glue and adhesive, and any
other materials,with the least amount of chemicals and business interruption.
3.4.3 Vendor shall work with the Department Contract Manager or designee to
coordinate furniture and electronic moves as required.Furniture moving shall be
included in the price.
3.4.4 Vendor shall determine the structural integrity of the surfaces following removal
of the surface coverings.Any damages created by the Vendor during demolition
not approved by the Department Contract Manager or designee shall be repaired
at no cost to the City.
3.5 Plumbing Services
3.5.1 Vendor agrees plumbing services shall include,but is not limited to,installation
and repair of water and waste lines,repair and installation of bathroom fixtures,
sinks,toilets,urinals, and other plumbing related tasks.
3.5.2 Vendor agrees plumbing services shall involve location and repair of leaks with
concrete walls,frame walls,or floor slabs,replacement of material that was
removed, and provide general maintenance and repair of existing domestic and
sewer piping systems.
3.5.3 Vendor shall ensure the scope of the job is communicated to the Department
Contract Manager or designee prior to performing work.
3.5.4 Vendor shall ensure work is completed and/or supervised by a licensed
Journeyman Plumbing Technician.
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 13 of 28
City Secretary Contract No.
3.5.5 Vendor shall ensure surface(s)is clean and free from moisture,grease,wax,
paint,or other foreign substances and use best sustainable practices to remove
substances.
3.5.6 Vendor shall ensure repair and replacement work is completed in accordance
with all current Federal, State, and local laws,City ordinances,rules and
regulations.
3.5.7 Vendor shall ensure all work is completed in strict accordance to industry
standards.
3.5.8 Vendor shall secure the area for Vendor employees,City employees and general
public safety.
3.5.9 Vendor shall perform any required tests prior to installation and in compliance
with applicable manufacturer's guidelines
3.5.10 Vendor agrees the Department Contract Manager or designee may inspect the
surface(s)to confirm that any irregularities have been removed prior to
installation.
3.5.11 Vendor shall ensure all materials used in preparation and repair shall be
recommended by the manufacturer and shall be chemically and physically
compatible with the installation.
4.0 OTHER MISCELLANEOUS SERVICES
4.1 The City may request other related work or services that are not specified herein. The Vendor
shall perform requested miscellaneous services after the Department Contract Manager or
designee authorizes such services,in writing,by issuing a Purchase Order. There related
services shall be performed in accordance with all provisions of this Agreement.
5.0 PERFORMANCE
5.1 Vendor agrees 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.
6.0 EQUIPMENT REQUIREMENTS
6.1 Vendor shall provide all equipment,in sufficient quantities to adequately perform all
services, and made available to the Vendor's employees at all times.
6.2 Vendor shall ensure all equipment is in good operating condition and shall meet or exceed
OSHA industry standards.
6.3 Vendor agrees storage of equipment on City premises will not be permitted,except that
equipment may temporarily be left in the buildings while work is being performed.
6.4 Vendor shall ensure any motorized or mechanical equipment such as lifts,booms, scaffolds,
etc.are approved by the Department Contract Manager or designee before use.The City
reserves the right to inspect equipment before use at City facilities.
6.5 Vendor agrees no gasoline,natural gas,diesel,or propane powered equipment shall be
allowed inside a facility without permission from the Department Contract Manager or
designee.
6.6 Vendor agrees non-marking tires shall be cleaned before entry into the facility. In addition,
the City may require a covering be laid on the floor to protect flooring from equipment.
6.7 Vendor shall be responsible for any damage resulting from tire burns,battery leaks,oil or
hydraulic leaks, scrapes,or scratches.
6.8 Vendor agrees the City may stop work at any time for inferior equipment(such as leaking
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 14 of 28
City Secretary Contract No.
solvents, safety risk,creating hazardous conditions,damaging City property,etc.)is in use by
the Vendor. The City shall have the sole and final authority in determining if Vendor's
equipment is inferior. The Vendor shall be responsible for any loss or damage to rented or
owned equipment used while performing services under this contract.The Vendor shall not
charge the City for expenses incurred by Vendor or its Subcontractor for loss or damage to
equipment or tools rented or Vendor owned equipment.
7.0 MATERIAL REQUIREMENTS
7.1 Vendor shall use part and materials that are factory new,free of defects in materials and
workmanship,compatible with existing materials of the building involved,and comply with
all applicable laws,ordinances,rules,regulations,codes as approved by the Department
Contract Manager or designee.
7.2 Vendor shall use materials that are new,unopened, and in well-marked packaging showing
the product and manufacturer's name. Damaged and unlabeled materials will not be accepted.
7.3 Vendor shall delivery materials to the worksite in sufficient quantity to allow for continuity
of work.
7.4 Vendor shall be responsible for all materials delivered and the work performed until the
City's acceptance of the work.
7.5 Vendor agrees additional materials and services of the same general category that could have
been encompassed in this Agreement, and that are not already on this Agreement,may be
added based on the discount and price sheet in Exhibit B.
7.6 Vendor shall comply with all manufacturer's recommendations as to environmental
conditions under which material installations may be made.
8.0 QUALITY ASSURANCE
8.1 Vendor shall provide the Department Contract Manager or designee the ability to perform
quantitative and/or qualitative examination of the Vendor's materials or methods related to
any request for service under the terms of this Agreement. The Department Contract Manager
or designee may perform tests for,but not limited to,thickness,chemical resistance,color
match,flame spread,grout composition. The Department Contract Manager or designee,to
the best of its ability, shall specify any testing requirements in the request for service.
8.2 Vendor shall make available any and all supplies to the Department Contract Manager for
designee for inspection and approval for use.
8.3 Vendor agrees that work performed is subject to inspection and approval by the Department
Contract Manager or designee upon completion of the project. Payment will not be made for
any service until clean-up requirements have been met and the Department Contract Manager
or designee has approved acceptance of the services as to contract compliance.
9.0 DEFECTIVE WORK AND DAMAGES
9.1 Vendor shall remedy, at the Vendor's expense, any non-conforming or defective products or
materials, and any damage done to real or personal property owned by the City when that
damage is a result of a defect of product or materials furnished by the Vendor.
9.2 Vendor agrees if Vendor fails to remedy any failure,defect,or damage within a reasonable
amount of time after receipt of notice,the City shall have the right to replace,repair or
otherwise remedy the failure,defect,or damage at the expense of the Vendor.
9.3 Vendor agrees failure by the Vendor to proceed promptly,after notification from the
Department Contract Manager or designee,with corrective actions may be cause for
cancellation of this Agreement with amount(s)necessary to correct the defective work and/or
damage being withheld from payments due or to become due to Vendor.
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 15 of 28
City Secretary Contract No.
9.3.1 Vendor agrees payments in full or otherwise do not constitute a waiver to this
guarantee
9.4 Vendor agrees restoration or correction shall be to the complete satisfaction of the
Department Contract Manager or designee.This shall apply to any part of a building/home,
its appurtenances,the adjacent ground(s),or any tangible damage incurred in the performance
of this contract.
9.5 Vendor agrees delivered items that are determined to be defective or not meeting Agreement
specifications shall be picked up and replaced by the Vendor, or Vendor's designee, at no
cost to the City. If the item(s)are not picked up within one (1)week after notification,the
item(s) shall become a donation to the City for disposition.
10.0 HOURS OF SERVICE
10.1 Vendor agrees non-expedited service requests shall be scheduled between normal business
hours,Monday—Friday 7:30AM—5:30PM.Any adjustments will be communicated to the
Vendor,by the Department Contract Manager or designee,at least one (1)business day
before work is to begin.
10.2 Vendor agrees if Vendor is unable to provide these services during the designated regular
hours,the Vendor shall obtain written approval from the Department Contract Manager or
designee to perform services during non-regular hours.Work performed during non-regular
hours,which are covered under this provision, shall be billed as the Regular Labor Rate as
listed on Exhibit B.
10.3 Vendor agrees if Vendor wishes to scheduled work after normal business hours(after
hours),the Vendor shall provide written request to the Department Contract Manager or
designee that issues the Purchase Order at least three (3)business days prior to scheduled
work.
10.3.1 Night(after)hours shall be 5:31PM—7:29AM,Monday—Thursday
10.4 Vendor agrees if Vendor wishes to schedule work on weekends,the Vendor shall obtain
written approval from the Department Contract Manager or designee to perform services
during non-regular hours. Work performed during non-regular hours,which are covered
under this provision, shall be billed as the Regular Labor Rate as listed on Exhibit B.
10.4.1 Weekend Hours shall be 5:31PM—7:29AM,Friday-Monday
10.5 Vendor agrees the Department Contract Manager or Designee may request services during
observed City Holidays. The Vendor shall not invoice the non-regular labor rate for services
unless requested and approved,in writing,by the Department Contract Manager or designee
prior to starting work.
10.5.1 City Observed Holidays shall be
10.5.1.1New Year's
10.5.1.2Marin Luther King,Jr Day
10.5.1.3Memorial Day
10.5.1.4June 19'(Juneteenth)
10.5.1.5July 4th
10.5.1.6Labor Day
10.5.1.7Thanksgiving Thursday and the following Friday
10.5.1.8Christmas Day
10.6 Vendor shall not charge overtime labor rate due to lack of available staff for services
performed during non-regular hours that could reasonably be completed during regular
business hours. Vendor's lack of available staff to perform services shall not constitute the
City paying a higher rate or paying Vendor's employees for overtime. The City shall not be
responsible for paying overtime to Vendor's employees.
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 16 of 28
City Secretary Contract No.
11.0 EXPEDITED SERVICES
11.1 Vendor shall provide a twenty-four(24)hours service and respond to expedited/emergency
calls such as,but not limited to,accommodating the City crews during maintenance and
repair of water lines to residents' homes.Vendor shall respond within one (1)hour.
11.2 Vendor agrees the City may require the Vendor to respond to expedited service requests and
require Vendor to provide twenty-four(24)hour,three hundred sixty-five (365)days a year
service to respond to expedited service requests.
11.3 Vendor agrees the Department Contract Manager or designee shall have the sole and final
authority in determining when services will be designated as an expedited request.
11.4 Vendor shall acknowledge an expedited request within one (1)hour or less and be on-site
within two(2)—three (3)hours,unless otherwise approved or agreed upon by the
Department Contract Manager or designee.The response time shall begin at the time the call
was made and end at the time the appropriate Vendor's employee signs in at the work site.
11.5 Vendor agrees the City reserves the right to contract with other vendors to fulfill the
requirements of the expedited service in the event the Vendor cannot respond to the expedited
request as required.
11.6 Vendor agrees that expedited requests on non-regular hours,weekend hours, and/or Holiday
hours shall be billed at the corresponding labor rate on Exhibit B,including any applicable
minimum charges.
11.7 Vendor agrees that non-regular,weekend, and Holiday day hours are:
11.7.1 Night(After)Hours shall be 5:31PM—7:29AM,Monday—Thursday
11.7.2 Weekend Hours shall be 5:31PM—7:29AM,Friday—Monday
11.7.3 Holiday hours shall be all day on City Observed Holidays listed on 10.5.1.
12.0 DELIVERY
12.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the
unit price.The Department Contract Manager or designee placing the order shall provide
delivery and billing information to Vendor.No additional charges for expenses,freight,
mileage,time,or similar items will be accepted or paid by the City. There may be instances
when the Vendor may be asked to accelerate delivery of an order(s)due to extenuating
circumstances. When this occurs and there is an additional cost,the Vendor must receive
written approval from the Department Contract Manager or designee in order to order the
materials. If written approval is not received,the City shall not be liable for any costs.
12.2 In the event the Vendor is unable to meet the original delivery date(s),the Department
Contract Manager or designee must be contacted immediately,but prior to the due date,and
seek an extension of delivery time.Failure to comply with the delivery terms may be legal
ground for canceling an order(s),or the entire Agreement in accordance with the Termination
Clause.
13.0 CITY REQUIREMENTS AND RESERVATIONS
13.1 Vendor agrees,the Department Contract Manager or designee shall identify the location,
City contact, and description of the service request to the Vendor.
13.2 Vendor agrees the Department Contract Manager or designee shall provide a Purchase Order
Number before commencement of any services.
13.3 Vendor agrees the City shall not be responsible for any alleged misunderstanding of the
work to be furnished or completed or conditions surrounding the performance. It is
understood that the signed Agreement by the Vendor is a stated commitment to fulfill all the
conditions of this Agreement.
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 17 of 28
City Secretary Contract No.
13.4 Vendor agrees the Department Contract Manager or designee reserves the right to reject
workers provided by the Vendor if they are found to be unacceptable before or after starting
on the project to which they have been assigned.
13.5 Vendor agrees,the City shall have the right to require the Vendor to dismiss from the
premises covered by this Agreement any employees of the Vendor whose conduct is
improper,inappropriate,or offensive and such employees shall not be re-employed on the
subject premises by the Vendor without written consent from the Department Contract
Manager or designee.
13.6 Vendor agrees City staff may also use these contracts for conservation program(s),such as
the SmartFlush CARE program.
13.6.1 Vendor agrees conservation programs require Vendors to work in citizens'
homes and may also involve work at commercial or apartment locations.
14.0 VENDOR RESPONSIBITIES
14.1 Vendor shall provide general maintenance and repair of existing plumbing services,provide
and install plumbing specialties,piping,fixtures,toilets, sinks and other plumbing equipment
as needed.
14.1.1 Vendor agrees toilets installed as part of the SmartFlush CARE program,or other
conservation programs, shall be furnished by the City's supplier.
14.1.2 Vendor agrees Vendor may be required to pick up toilets and other fixtures at the
current City supplier's facility.
14.2 Vendor shall Provide plumbing services in,but not limited to City owned/operated
facilities,citizens homes and as well as water,sewer and gas lines to citizens homes and
industrial areas damaged by City work crews during construction,repairs or installation.
14.3 Vendor agrees requests for repairs and/or installation shall be based on the size of the job,
City department personnel's ability to perform tasks and City Department's staffing
availability.
14.3.1 Vendor shall check in and out with the Department Contract Manager or
designee
14.4 Vendor shall have employees and/or technicians with a minimum of five (5)years'
experience working in the plumbing industry.
14.5 Vendor shall have employees and/or technicians that can perform as supervisors with a
minimum of five (5)years of supervisory experience working in the plumbing industry.
14.6 Vendor shall have and operate a full-time,permanent business address with the ability to be
reached by telephone or email.
14.7 Vendor shall provide and maintain a telephone dispatch system that is operational during
normal business hours,after hours,weekends,and holidays.
14.8 Vendor shall ensure the safety of their employees,City employees,and the general public
during performance of all services under this contract.
14.9 Vendor shall ensure that all crews are fully and properly equipped to perform services
promptly and safely.
14.10 Vendor shall comply with all provisions of the Occupational Health and Safety Act
(OSHA)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.
14.10.1 Vendor shall comply with the latest version of the 29 CFR 1910,Occupational
Safety and Health Standards. Compliance with OSHA and other applicable laws
and regulations for the protection of employees is exclusively the obligation of
the Vendor, and the City assumes no liability or responsibility for Vendor's
compliance or noncompliance with such responsibilities.
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 18 of 28
City Secretary Contract No.
14.10.2 Vendor shall comply with all OSHA reporting requirements for record keeping
and reporting.Vendor shall provide verbal report(s)to the Department Contract
Manager or designee immediately, and no later than one (1)business day,of the
occurrence. The Vendor shall cooperate with the City and provide any written
documentation and information required for record keeping purposes.
14.11 Vendor shall procure all permits,licenses,and certificates,or any such approvals of plans
or specifications as may be required by Federal, State or Local laws,ordinances,rules,and
regulations,for the proper execution and completion of the work under this agreement.
14.12 Vendor shall ensure that all employees are continuously trained to meet the latest
technology,industry standards and safe use of substances identified as health or physical
hazardous by OSHA. The Vendor shall submit proof of employee training and experience
within five (5)business days upon request by the Department Contract Manager or designee.
14.13 Vendor shall not require any person to work in surrounding or under working conditions
that are unsanitary,hazardous or dangerous to their health or safety.
14.14 Vendor shall require all individuals assigned to the project to wear necessary personal
protective equipment required by industry standards.
14.15 Vendor shall require that Vendor employees wear a uniform,or at a minimum,a company
issued identification badge.
14.15.1 There may be times when the requesting Department Contract Manager or
designee will issue City Contractor LD badges for the Vendor's employees. The
LD badges shall be surrendered to the Department Contract Manager or designee
upon the completion of the project.
14.16 Vendor shall ensure only authorized Vendor employees performing work under this
Agreement are on the worksite.No acquaintances,family members,or any other person shall
accompany a Vendor employee in the work area.
14.17 Vendor shall maintain good discipline and professionalism while performing services for
the City.
14.18 Vendor agrees and agree that the scheduling of events at City facilities take precedence
over any scheduled service request agreed to by the Vendor and Department Contract
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 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.
14.19 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. 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.
14.20 Vendor shall provide ample advance notice of the need for any utility service cut off,which
will be scheduled at the convenience of the City.
14.21 Vendor shall provide all equipment,materials,furniture moving,labor,tools,permits,
incidentals,expendable items,personal protective equipment,transportation necessary,
including electricity and water,if not available on site,for proper execution and completion
of the service request. The materials and services provided by the Vendor shall comply with
all Federal, State and local laws,City ordinances,rules and regulations.
14.22 Vendor agrees that storage of apparatus,materials, supplies and equipment shall be in an
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 19 of 28
City Secretary Contract No.
orderly fashion at the worksite in a manner that will not interfere with the progress of the
Vendor's work or any other vendor's work.
14.23 Vendor shall clean up all refuse,scrap materials,and debris caused by the Vendor's
operations on a daily basis.Work site shall present a neat,orderly and workmanlike
appearance.No such refuse,rubbish,scrap material, and debris shall be left within completed
work nor buried on the building site or any City premises,but shall be removed from the site
by Vendor.
14.24 Vendor shall complete all clean up prior to payment being made for the service request.
This shall include the removal of all surplus material,temporary structures, and debris of
every nature resulting from the Vendor's operations,to return the worksite in a neat,orderly
condition. Thoroughly clean and leave the worksite reasonably dust free all finished surfaces
including all equipment,piping,etc.,on the interior of any buildings affected by the service.
If Vendor fails to clean up at the completion of the work,the City may clean the property and
deduct the cost from any payments owed to Vendor or bill the Vendor to recover costs if no
payments are owed.
14.25 Vendor shall note and report any damage found prior to any work at a job site to the
Department Contract or designee.
14.26 Vendor agrees that all work is subject to inspection and acceptance by the Department
Contract Manager or designee.
14.27 Vendor shall perform work under this contract in a manner that will not adversely affect the
integrity of the building's structural,mechanical, electrical,fire protection,and life safety
systems or any other building features that will overload or render useless any portion of the
facility.
14.28 Vendor agrees the proper preparation of surfaces to be worked on including,protection of
all non-movable items or equipment,and the proper application of all materials.
14.28.1 Vendor shall store,handle, and install all materials as per manufacturer's
specifications.
14.29 Vendor shall inform the Department Contract Manager or designee whenever work is
expected to be hazardous to the City employees,City property,the general public, and/or City
operations.
14.30 Vendor shall notify the Department Contract Manager or designee when work is to begin at
the worksite and post warning signs and/or barriers when necessary. The Vendor and
Vendor's employees shall exercise a particularly high level of discipline, safety and
cooperation at all times while on the worksite.
14.31 Vendor shall coordinate the timing and transportation of equipment of materials to the work
area.
14.32 Vendor agrees if the Vendor encounters unforeseen conditions which impacts the work and
could not initially be evaluated,the Vendor shall notify the Department Contract Manager or
designee immediately.
14.33 Vendor shall acknowledge the importance of time in completion of the work called for
under this Agreement .The Vendor shall agree that all work shall be performed regularly,
diligently, and uninterrupted at such a rate of progress that will ensure full completion thereof
within the time specified.
14.34 Vendor shall acknowledge full understanding of the extent and character of the work
required and conditions surrounding the performance of each project.
14.35 Vendor agrees that 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 written
approval and coordination with the Department Contract or designee.
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 20 of 28
City Secretary Contract No.
14.36 Vendor agrees any and all damage to Vendor's or City's equipment or property as a direct
result of Vendor's equipment, employees, or Vendor's subcontractor's actions:
14.36.1 If damage occurs to the City's equipment or property,Vendor shall notify the
Department Contract immediately in writing. Surfaces,fixtures,or furnishings
damaged by the Vendor's employees 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.
14.37 Vendor agrees that the set-up area shall be protected to prevent damage to the site grounds.
This protection may be,but is not limited to,laying out tarps or other protective materials.
The Vendor shall be responsible for any damage to surrounding building walls,landscaping,
parking lots, and sidewalks.
14.38 Vendor shall be responsible for adhering to any and all Material Safety Data Sheets
(MSDS)guidelines,any applicable limits and be able to complete installation accordingly.
14.39 Background Investigations
14.39.1 Vendor agrees due to working in facilities subject to federal Criminal Justice
Information System requirements,Vendor's employees must be fingerprinted
and must be able to pass a criminal background check and drug screen.
14.39.1.1 Vendor agrees background investigations are done at Vendor's
expense and verification of a clear background must be given to the
Department Contract Manager or designee before the Vendor's
employee(s)is allowed to work in a building which falls under this
requirement.
14.39.1.2 Vendor agrees under no circumstance shall any Vendor
personnel having any convictions or pending criminal hearing be
assigned to this Agreement.
14.40 Single Point of Contact(SPOC)
14.40.1 Vendor shall provide a SPOC who is able to communicate with the Department
Contract Manager or designee and is skilled,knowledgeable, and experienced in
providing the types of services listed.The SPOC shall be available and on-call
twenty-four(24)hours a day,while the Vendor is performing services.
14.40.2 The SPOC shall inspect,monitor, and supervise the Vendor's employees,
ensuring adherence to the work schedule, safety requirements, and quality of
work. During times the SPOC is unavailable(due to vacation,travel,etc.)the
Vendor may provide a designee for the SPOC that shall meet the same
requirements.
14.41 Onsite Supervisor
14.41.1 Vendor shall,during all periods of contract performance,provide competent
supervision of employees to assure complete and satisfactory fulfillment of the
work and terms of the Agreement. The Vendor,or a capable,fully authorized
representative, shall be immediately available during all work activities to
receive any and all special instructions from the Department Contract Manager or
designee.
14.41.2 Vendor shall have a qualified working supervisor at the worksite at all times
while services are being performed.
14.41.3 Vendor agrees the working supervisor shall perform service request tasks,have
the authority to act on behalf of the Vendor, and be responsible for the conduct
and performance of the Vendor's employees.
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 21 of 28
City Secretary Contract No.
14.41.3.1 The Supervisor may also serve as the Vendor's SPOC
15.41.2 Vendor agrees the supervisor shall report to the Department Contract Manager or
designee daily when work is being performed under this Agreement,or at a time
mutually agreed upon between the Vendor and the Department Contract Manager
or designee.
15.0 JOBSITE CONDITIONS
15.1 Vendor shall clean job sites on a daily basis and keep work areas in an uncluttered condition.
Upon completion and prior to final inspection of a project,the Vendor shall be responsible
for the removal of all debris,rubbish,tools,equipment and unused material from City
premises, at the Vendor's expense in accordance with all Local, State, and/or Federal
guidelines. The Vendor shall leave work areas in a condition similar to or better than the
condition of the area before any work was performed.
15.2 Vendor agrees that work performed is subject to inspection and approval by the Department
Contract Manager or designee upon completion of a project. Payment will not be made for
any service until all clean-up requirements have been met and the Department Contract has
approved acceptance of services,both to the standards discussed during the job
inspection/quote and as specified in this contract.
16.0 HAZAROUDS CONDITIONS
16.1 Vendor shall notify the Department Contract Manager or designee immediately of any
hazardous conditions and/or damage to any property.
16.2 Vendor shall handle hazardous materials with care and employees shall wear Personal
Protective Equipment(PPE)while handling hazardous material. If there are questions
regarding how to dispose of materials,the Vendor shall contact the City of Fort Worth Code
Compliance at(817)392-1234.
17.0 DIPOSAL OF MATERIALS,NON-HAZARDOUS AND HAZARDOUS MATERIALS
17.1 Vendor shall be responsible for handling,transporting, and disposing of all material waste,
oils,and solvents,in accordance with all applicable laws,rules,and regulations so as to
ensure the highest level of safety to the environment and public health at no additional cost to
the City.
17.2 Vendor shall be responsible for any hazardous materials brought to the jobsite by the Vendor
or Vendor employees.
17.3 Vendor shall immediately notify the Department Contract of any suspected hazardous
materials encountered before or during performance of work and shall take all necessary
precautions to avoid further disturbance of the materials. The City will be responsible for any
hazardous material uncovered or revealed at the site which was not shown,indicated or
identified previously.
17.4 Vendor shall resume work at the affected area of the Project only after the Department
Contract or designee provides written certification that the Hazardous Materials have been
removed or rendered harmless and all necessary approvals have been obtained from all
government and quasigovernment entities having jurisdiction over the project or site. The
Vendor shall be responsible for continuing the work in the unaffected portion of the project
and site.
17.5 Vendor shall provide the manifest ticket for hazardous materials or other proof of proper
disposal on request within ten(10)business days upon the request of the Department
Contract or designee.
17.6 Vendor shall at no time place or use of equipment in such manner as to block traffic lanes or
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 22 of 28
City Secretary Contract No.
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.
17.7 Vendor agrees any materials and/or services that have been omitted from this scope of
service that are clearly necessary or in conformance shall be considered a requirement
although not directly specified or called for in the scope of services.
17.8 Vendor agrees materials and services under this agreement support all City-owned facilities
varying in size on an as-needed basis.The City reserves the right to add or remove
departments and locations at the City's discretion.
18.0 CONTRACT ADMINISTRATION
18.1 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.
18.2 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.
19.0 UNIT PRICE AND UNIT PRICE ADJUSTMENT
19.1 Vendor agrees the unit prices may be adjusted for increase 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 the price adjustment request,in writing,at least sixty(60)days before
the renewal effective period to the Department Contract Manager or designee. The Vendor
shall provide written proof of cost increase with price adjustment request.
19.3 Vendor agrees if 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.
19.4 Vendor agrees prices in Exhibit B shall remain firm for each one(1)—year term of the
Agreement and shall include all associated freight and delivery costs.
19.5 Vendor agrees prices in Exhibit B shall be used for analysis and Agreement pricing. In cases
of errors in extensions or totals,the unit price will govern.
19.6 Vendor agrees upon expiration of the Agreement term the Vendor,agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the city to
re-bid an agreement,not to exceed ninety(90)days.Vendor will be reimbursed for this
service at the prior agreement rate(s).Vendor shall remain obligated to the City under all
clauses of this Agreement that expressly or by their nature extends beyond and survives the
expiration or termination of this Agreement.
19.7 Vendor agrees goods and/or services shall not be suspended by the Vendor without a thirty
(30)day prior written notice to the Department Contract Manager or designee.
19.8 Vendor agrees unit prices shall include all costs associated with the specific work,including
but not limited to,handling,delivery,fuel charges,fees,and certification fees. NO
ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
20.0 INVOICING REQUIREMENTS
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 23 of 28
City Secretary Contract No.
20.1 Vendor agrees the City of Fort Worth has begun implementing an automated invoicing
system.
20.2 Vendor shall send invoices electronically to our centralized Accounts Payable department
invoice email address: soplierinvoices&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.
20.3 Vendor shall include the following subject line to the email:
20.3.1 Vendor Name,Invoice Number,PO Number separated by an underscore
(example: Example,Inc._123456_FW013-0000001234)
20.4 Vendor shall ensure adherence to the following requirement to ensure the system can
successfully process the invoice in an expedient manner:
20.4.1 All invoices shall be either PDF or TIFF format
20.4.2 Image quality shall be at least 300 Dots per Inch(DPI)
20.4.3 Invoice shall be sent as an attachment(no invoice in the body of the email)
20.4.4 Attachments shall contain one invoice.Multiple attachments per email is
acceptable.
20.4.5 Invoices shall not contain hand written notes
20.4.6 Invoices shall not be hand written
20.4.7 Invoices shall not be Dot Matrix formatted
20.4.8 Invoices shall be submitted after delivery of goods or services
20.4.9 Invoices shall contain the following:
20.4.9.1 Supplier Name and Address
20.4.9.2Remit to Supplier Name and Address,if different
20.4.9.3Applicable City Department Business Unit(i.e.FW013)
20.4.9.4Complete City of Fort Worth PO Number with all preceding zeros
20.4.9.5Invoice Number
20.4.9.6Invoice Date
20.5 Vendor shall not send invoices by mail and email.Vendor shall not send the same invoice
more than once by email to sUplierinvoiceskfortworthtexas.gov. To check the status of an
invoice,contact the Department Contract Manager or designee or the Central Accounts
Payable Department by email at ZZ FIN AccountsPavableO-fortworthtexas.gov.
20.6 Vendor agrees if unable to send invoices as outlined above,please send invoice to Central
Accounts Payable Department,instead of directly to the City Department,at
ZZ FIN AccountsPavable(cDfortworthtexas.aov.
20.7 Vendor agrees if electronic invoicing is not possible, send paper invoice to"
20.7.1 City of Forth Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth,TX 76102
20.8 Vendor shall contact Accounts Payable at(817) 392-2451 or by email at
ZZ FIN AccountsPavable(cDfortworthtexas.gov with any questions.
20.9 Vendor shall not include Federal, State,or City sales tax in its invoices.The Department
Contract Manager or designee shall furnish a tax exemption certificate upon Vendor's
Request.
21.0 DEPARTMENT CONTRACT MANAGER
21.1 The following individuals are designated by the City as Department Contract Compliance
Managers under this Agreement:
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 24 of 28
City Secretary Contract No.
Department Contract Manager Title Email Phone
Parks Rebekah Doyle Sr. Contract Compliance Rebekah.do le&fortworthtexas.gov (817) 392-5722
Specialist
Aviation Ricardo Barcelo Administrative Services Ricardo.barcelokfortworthtexas.gov (817) 392-5403
Manager
Property Aaron Cutaiar Facilities Superintendent Aaron.cutaiar&fortworthtexas.gov (817) 392-7864
Mgmt.
Transportation Michelle Hadley- Contract Compliance Specialist Michelle.hadley- (817) 392-7233
and Public McGhee mcgheckfortworthtexas.gov
Works
Public Events Andrea Wright Asst. Public Facilities/Events Andre a.wri ght&fortworthtexas.gov (817) 392-2502
Director
Human Cynthia Hume Risk Management cynthia.hume@fortworthtexas.gov (817) 392-7230
Resources
23.2 The City may,with written notice to Vendor,add or remove Department Contract Managers
at any time.
Vendor Services Agreement—Exhibit A
Jackey R Dunn Jr.,dba Romance Services
Page 25 of 28
EXHIBIT B
PRICE SCHEDULE
FORT WoRn
BID SOLICITATION
Event ID Pop• lnvited PUBLIC EVENT DETAILS
, ]�Event Round Version
Event Name 1
rniny Snrvl ens Submit To: City of Fort Worth
Start Time Finish Tema FINANCIAL MANAGEMENT SERVICES
111.1 GI�021 00,30.00 CST CST FINANCE-Purchasing
200 Texas St.(Lower Level.South)
Fort Worth TX 76102
United States
Email; FMSPurchasingResponsesLfortwormhtexas-gov
Line. ?
Description: CKY Unit UnitPdm Total
Masler Plumber-Regular Hours(7!30 a-m-- 2120,00 HR _
5:30 p.m Monday•Friday) 115.90. a01 4D0.00
Lino: 2
Description: Lhy_--__ -Unit unitPHd Tool
ioumey Plumber-Regular Hours(Y-30 a.m.- 2120.00 HR _ pp_
5-30p.m Monday-Frlday) �0.� 1 140,808
Ling: 3 —I
Doscriptiorr tllT Unit UnMPHce Tops{
Plumtb Helper-Regular Hours(7 30 a m - 7120.00 HR
5:30p•m-Monday-Friday) `5 Saty OQ7.1D
Line: A
Description; (MY Unit urivaco. _. Total--
Masser Plumber-Attar Hours (511 p.m-7:29 1370.00 HR
a.m.Monday-Thursday)AND Weekends (5:01 , rJ 1 r]] .
p-rn Friday-7-59 a m.Mondayy ---- _-� -Lo
Line: 5
Description: aw Unit UnitPrlco Total
Joumayman Plumber-Allier Hours(5:31 p-nt 1060,00 HR _
-7:29 a.m.Monday•Thlusday)and Weekends ]oZ D ];aq ;l ,n
(5:01 p.m Frlday-7:59 am-Monday) D. -_-�
Line: 6
Description: sty Unit UnitPrice Total
PtumbersHotper-Alter Hours (5:31p-m 1030s70 HR
-7:29 a.m.Monday-ThunKW)And Weekends
(5:01 p.m Friday-7:59 a.m.Monday)
Lkrs: 7
Description: oty Unit UnitPrice Total
Masser Plumber-Cry Observed H-Aidays(AJI 1430.00 HR
day)Mimmum Charge of hours per person. 4 ry�.a� a50 a5o L8
per Cain 1 1 ► -.
Liner a
Description: city Unit Unwarice — Total
Journeyman Plumber-City Observed HoUdays 1440.00 HR
(All dayy Miminum Charge of_hours per
person.Pei call ._-J—..-Q - d 7►A
Vendor Services Agreement—Exhibit B
Jackey R Dunn Jr.,dba Romance Services
Page 26 of 28
City Secretary Contract No.
FORT WORTH,
BID SOLICITATION
Event to Page Invited: PUBLIC EVENT DETAILS
is
Event Round T Version
4 -"
Event Name
-.r I:g Serv►oes. Submit To: City of Fort Worth
S."Time rhr FHh Th= FINANCIAL MANAGEMENT SERVICES
-.;[221 08:30:00 CST 1210212D23 13:30:00 CST FINANCE•Purchasing
200 Texas St.[Lower Level,South]
Fort Worth Tx 76102
United States
Email: FMSPurchasingResponseWortworthtexaS.gov
Line: 9
Description: 4ty Unit _ �HPrlea.- To1sl
r'umbers Hekper-City Observed Holidays(AM 1450.00 HR �-
day)Minimum Charge of hours per person. nC 'Oa�G 'DO
per call I.] DOU. v
Line +D
Description: CN Unit UnHPrlcs Total
Saw Cutting 400-00 SF
Line: 11
Description- qty Unit --UnitPrk.e Toth
Tunneling 40-00 LF _
04�ao I
Line: t?
DescriOon: -_- _--._ Rty UnH UrdtPrlce Total
Mark Up Over BiddeekCoo For Parts,
Matcvai,Su ppNOs iv D
(Apply Mark Up Pemen"Bid To$150.000 To 150400-00 EA
ObtAirl Caned Sum.Example-160.000 X 10%
-15,COD:150,000+15000 c 165.000) 3 DI Doo.14 I$Q,DIM.t10
Lino: 13
Description: _ RIY UnH UnitPrica. Total
Mark Up Cost for Rental x
(Apply Mark Up Perrapntage Bid To$$50,0D0 To 150DOD.00 EA
Obtain Cwred Sum.Example-t5D,oD0%109E_
15,000;%SD,000•15000.165.000)
Total Bid Amount: laZ •1 D9 °o
A bid of"0'(zero)will be interpreted by the City as a no-charge[free]Item and the City will not
P%pPr;t to pxy frw thm Item A hld of"inn hid"nr no rpspmse-(spare left blank)wiii hP irytprprPtPri by
the City that the Offeror does not wsh to brd on that item.Be advised,a"no bid"or no response
may be considered as non-49sponsrve and may result in dlsquallfrcebon of the bid.
Vendor Services Agreement—Exhibit B
Jackey R Dunn Jr.,dba Romance Services
Page 27 of 28
EXHIBIT C
VENDOR CONTACT INFORMATION
The contacts listed below will be available to the City per section 6.41, page M
Vendor's Name: �]AC�[e� �. DkAnr<Yr- ❑Br0. Ro, ancc erVr c-e S
If
Vendor's Local Address: oL 5 bo r l,k Ce. Ave-, n+r-fir r h l
Phane:_�17---2 3 o_ - Fax:
Email: 0-CIL '♦'Ornanf-e �)1Urnbih
Single Point of Contact(SPOC):
Name/Title 70,C:ke - j]u n r, Tr . b vyner
Phone: $1`Z^ B� Q _09 J a Fax: g+"7- 83i-v55`1
Email: aackS �yr ��nce pllan,b'�nq. Gan,
Back up:NamelTitle Renate 16L.Y%r,
Phone: I- $;?G- didto5 Fax: $ 3'l 16 3 1-0651�
Email: V 0 MQnCF- U in,61nf, • La n-%
Back up-
NameiTitle M►C ha e l &k adso
Phone: V»- H❑E - ]53LA Fax:
Email: t-UYnCLO C+?Mike 59 e- �)MAu . Cor" - -- -
By signing this page, the Vendor confirms the people listed above will serve as the contact for City of
Fort Worth.Vendor shall notify the City if any changes are made to the contact lists.
SW ha re Printed Name Date
Vendor Services Agreement-Exhibit C
Jackey R Dunn Jr., dba Romance Services
Page 28 of 28
2/8/22, 10:50 AM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOT Wow
Create New From This M&C
DATE: 2/8/2022 REFERENCE **M&C 22- LOG NAME: 13P22-0006 PLUMBING
NO.: 0097 SERVICES AR
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of an Agreement with Jackey R Dunn dba Romance
Services for Plumbing Services on an As-needed Basis, for an Amount Up to
$1,825,700.00 for the Initial Term and Authorize Four One-Year Renewal Options in
the Amount Up to $1,825,700.00 for City Departments
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with Jackey R Dunn
dba Romance Services for plumbing services on an as-needed basis, for an amount up to
$1,825,700.00 for the initial term and authorize four one year renewal options in the amount up
to $1,825,700.00 for City Departments.
DISCUSSION:
The Human Resource, Transportation and Public Works, Property Management, Public Events,
Aviation, and Park and Recreation departments approached the Purchasing Division to procure an
annual agreement for plumbing services. The departments will utilize this agreement on an as-
needed basis, to have plumbing repairs made to City-owned properties as well as water, sewer and
gas lines to citizens' homes and industrial areas that are damaged by City work crews during
construction, repairs or installations.
This Invitation To Bid (ITB) was advertised in the Fort Worth Star-Telegram on November 10, 2021,
November 17, 2021, November 24, 2021, and December 1, 2021. Four responses were received,
Dynamic Systems, Inc., Hawkeye Plumbing, LLC, National Plumbing Services, LLC dba O'Grady
Plumbing Company, and Jackey R Dunn dba Romance Services.
Dynamic Systems, Inc., Hawkeye Plumbing, LLC, National Plumbing Services, LLC dba O'Grady
Plumbing Company were deemed non-responsive by Purchasing because they did not submit all the
required information and/or documentation. The remaining bid was evaluated by using Best Value
criteria, which included purchase price, bidder's qualifications, experience, permits, and references,
availability to provide resources (equipment, personnel), and bidder's approach to perform
services. After evaluation, the panel concluded that Jackey R Dunn dba Romance
Services presented the best value to the City and therefore recommends the plumbing service
agreement to Jackey R Dunn dba Romance Services.
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, this agreement shall begin upon execution and
expire one year from that date.
RENEWAL TERMS: This agreement may be renewed for four (4) additional one-year renewal
periods. This action does not require specific City Council approval provide that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
BUSINESS EQUITY: A waiver of the goal for M/WBE subcontracting requirements is approved by the
Office Business Diversity, in accordance with the BDE Ordinance, because the application of the
purchase of good or services is from sources where subcontracting or supplier opportunities are
negligible.
apps.cfwnet.org/council_packet/mc_review.asp?ID=29649&councildate=2/8/2022 1/2
2/8/22, 10:50 AM M&C Review
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously
appropriated, in the City Department's Operating Funds to support the approval of the above
recommendation and execution of the agreement. Prior to any expenditure being incurred, the City
Department has the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference # Amount
I ID I ID I I I 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)
A'ja Robertson (8585)
ATTACHMENTS
Goal 21-0006 Plumbing Services 11022021 WN.pdf (CFW Internal)
ROMANCE SERVICES -Signed Form 1295.pdf (CFW Internal)
RomanceServicesSAMs.pdf (CFW Internal)
a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=29649&cou nci Idate=2/8/2022 2/2