HomeMy WebLinkAboutContract 57558 CSC No. 57558
FORT 0 RT H.
NON-EXCLUSIVE HVAC VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and
through its duly authorized Assistant City Manager, and A & G Piping, Inc., a Texas HVAC Repair,
Maintenance, and inspection company, and acting by and through its duly authorized representative, each
individually referred to as a"party"and collectively referred to as the"parties."
WHEREAS, through ITB 22-0055 the City solicited bids to award non-exclusive services
agreements to multiple bidders for Heating Ventilation and Air Conditioner Repair, Maintenance, and
Inspection services on an as-needed basis in the City with an aggregate amount of $4,041,911.50 for
contracts awarded to the successful bidders;
1. Scope of Services. HVAC repair,maintenance, and inspection("Services"),which are set
forth in more detail in Exhibit"A," attached hereto and incorporated herein for all purposes.
2. Term. This Agreement begins on May 11, 2022 ("Effective Date") and expires on May
10,2023 ("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term").
City will have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions, for up to four one-year renewal option(s) (each a"Renewal Term").
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Vendor
understands that the aggregate amount of all contracts awarded to all Vendors based on ITB 22-0055 shall
be no greater than four million forty-one thousand nine hundred eleven dollars and fifty cents
($4,041,911.50). The City makes no promise or guarantee of the total amount of work that will be
assigned to Vendor under this Agreement. Vendor will not perform any additional services or bill for
expenses incurred for City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services.City will not be liable for any additional expenses of Vendor not specified
by this Agreement unless City first approves such expenses in writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will tenninate 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.
OFFICIAL RECORD
Non-Exclusive HVAC Vendor Services Agreement CITY SECRETARY Pagel of 33
FT.WORTH, TX
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement, In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5,1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised,in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Ri2ht to Audit. Vendor agrees that City will,until the expiration of three (3)years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement,and
Non-Exclusive HVAC Vendor Services Agreement Page 2 of 33
not as agent, representative or employee of City, Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is fixrther
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers,agents, servants, employees,contractors, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,
AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend, settle or pay Will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however,Vendor will fully participate and cooperate
Non-Exclusive HVAC Vendor Services Agreement Page 3 of 33
with City in defense of such claim or action.City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted,Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d)if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
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(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions): ❑ Applicable❑N/A
$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 nonpayment of premium.Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management.If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
Non-Exclusive HVAC Vendor Services Agreement Page 5 of 33
(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. Com fiance with Laws Ordinances Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors,and successors in interest,as part of the consideration herein,agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NONDISCRIMINATION 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 A&G Piping,Inc.
Attn: Assistant City Manager Bobby Grimes,President
200 Texas Street 3124 Wichita Court
Fort Worth, TX 76102-6314 Fort Worth, Texas 76140
Facsimile: (817)392-8654 Facsimile: [INSERT FAX NUMBER]
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
Non-Exclusive HVAC Vendor Services Agreement Page 6 of33
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted, at law or in equity,is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force 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 majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court,board, department, commission,or agency
of the United States or of any States;civil disturbances; other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
2o. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope
of any provision of this Agreement.
21, Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A,B, and C.
22. Amendments /Modifications/Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23, Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30)days from the date that the services are completed. In such event, at Vendor's
Non-Exclusive HVAC Vendor Services Agreement Page 7 of 33
i
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. Immivation 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(1-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services,VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement
for violations of this provision by Vendor,
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers,procedures, guides, and documentation that are created,published, displayed, or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"), Further,City
will be the sole and exclusive owner of all copyright,patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof, is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have orl 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. Chan2e in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code,the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
Non-Exclusive H V'AC Vendor Services Agreement Page 8 of 33
and"company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Boycotting Energy Companies.Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not
boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added
by Acts 2021, 87th Leg.,R.S,, S.B. 19, § 1,the City is prohibited from entering into a contract for goods or
services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that
Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between:City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
Non-Exclusive 11VAC Vendor Services Agreement Page 9 of 33
Non-Exclusive HVAC Vendor Services Agreement Page 10 of 33
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
BAGc�7� responsible for the monitoring and administration of
Dana Burghdoff(Way 13,z 14U1Z :42 CDT) this contract,including ensuring all performance and
By.
Name: Dana Burghdoff reporting requirements.
Title: Assistant City Manager
Date: , 20 AGaeo�
By: Alan H.Shuror(May 11,2022 14:39 CDT)
Name: Alan Shuror
APPROVAL RECOMMENDED: Title: Property Management Assistant Director
APPROVED AS TO FORM AND LEGALITY:
By: o Steve ke(May 13,2022 13:03 CDT)
Name: Steve Cooke
Title: Property Management Director By:
Name: Jeremy Anato-Mensah
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:22-0331
By: ette S.Goodall(May 14,2022 08' CDT) Form 1295:2022-861069
Name: Jannette S. Goodall 4o�a��n�
Title: City Secretary �oOk* 0000F OR ad
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VENDOR: aaa�nEXpso�a
&G Pi ing,Inc.
By:
Name: Bobby Grimes
Title: President
Date: 0ez 0 a2�
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Non-Exclusive HVAC Vendor Services Agreement Page 11 of 33
EXHIBIT A
SCOPE OF SERVICES
1.6 DEFINITIONS
1.1 Department Contract 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
department of employment.
1.2 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.
1.3 Quarterly Maintenance-maintenance completed on a quarterly basis in accordance with the
City's fiscal year.
1.4 Specialty Equipment—shall consist of cranes,scissor lifts,or any other aerial equipment
required
1.5 Expedited Repair Service—anytime a chiller system is operating at half capacity; services
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.Expedited
requests require a four(4)hours response time.
1.6 VSD Unit-Variable Speed Drive Unit
2.0 CONTRACTOR RESPONSIBILITIES
2.1 The Contractor shall,during all periods of contract performance,provide
competent supervision of his employees to assure complete and
satisfactory fulfillment of the work and the terms of this Contract.The
Contractor 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.
2.2 This shall not cover new installations,any replacement requiring stamped
drawings or boiler systems.
2.3 All service,regular and special,shall be rendered at such times and in such
a manner that will results in minimum interference with the normal facility
operations.
2.4 Contractor shall be responsible for ensuring work is inspected by proper
officials upon completion.
2.5 Contractor shall perform three(3)maintenance inspections and one(1)
annual inspection.
2.6 Contractor shall be available 24 hours a day, 365 days a year for repair
services.
2.7 Contractor shall invoice the City over twelve(12)months for the cost of the
Quarterly Maintenance Inspections and Annual Inspection.
Vendor Services Agreement Page 12 of 33
2.8 Upon award the Contractor shall be responsible for obtaining any required
permits in the performance of the work.
2.8.1 Permits cost markups will not be permitted.
2.8.2 Ability to obtain proper permits can be found by registering as a contractor and
submitting the required documents found at
htt s://www,fortworthtexas. ov/de artments/develo mentservices/ ermits/contractorre istrat
ion?BestBetMatch=contract%20re-istration%20numberla720ba43-6954-
4033-b lac-a72478fc 15delf3d8342e-e792-4add-b724-7420243aa350jen-US
2.8.3 Contractor shall submit a Contractor Registration Number provided by the City of Fort
Worth or a copy of the application for a new Contractor or a renewal application.
2.9 The Contractor must 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 Contractor shall be wholly responsible for
instructing its employees in these safety measures and seeing that they are
fully complied with in every respect.
2.10 The Contractor's employees are required to wear an identification badge, at
all times while performing work under this agreement.
2.10.1 There may be times when the requesting department will issue City
Contractor I.D. badges for the Contractor's employees. The LD.
badges shall be surrendered to the department representative upon
the completion of each project.
2.11 The Contractor shall at no time permit placing or use of equipment in such
manner as to block traffic lanes or to create safety hazards. Contractor
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.
2.12 Contractors should be aware of the highly corrosive effects of hydrogen
sulfide that is present at some City jobsites. Contractor shall provide an oil
analysis and corrosion resistant protective coatings where needed on City
HVAC equipment as a part of any repairs or maintenance.
2.13 The Contractor shall be wholly responsible for and shall promptly correct
or restore all defective Work or damages to any/all City facilities 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,its appurtenances,the
adjacent grounds,or any other tangible damage incurred in the performance
of the Contract. Failure by the Contractor to proceed promptly with
corrective actions may be cause for cancellation of this Contract with
amount(s) necessary to correct defective work and/or damage being
withheld from payments due or to become due to the Contractor.
2.13.1 Contractor 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 this project by the City and will be required to
Non-Exclusive HVAC Vendor Services Agreement Page 13 of 33
replace at his/her expense any part or the entire project which becomes
defective due to these causes
2,14 The Contractor shall keep the premise free at all times from accumulation
of waste materials or rubbish.At the completion of the work,the Contractor
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.
2.15 Contractor shall comply with all applicable federal, state, and local laws,
ordinances,rules,and regulations pertaining to the performance of the work
specified herein even if they come into effect after the start of this
agreement.All mandates requiring the City to comply with new guidelines
will also require the City Contractors to comply.
2.16 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 of the future performance of any terms and
conditions,but the Contractor's obligation with respect to such
performance shall continue in full force and effect.
3.0 MAINTENANCEINSPECTIONS
3.1 Chiller Systems
3.1.1 Contractor shall complete quarterly inspections in the following manner:
3.1.1.1 Quarter 1 (October—December)
3.1.1.1.1 Contractor shall work with the City building engineer on chiller
machine operations
3.1.1.1.2 Contractor shall investigate any problems noted by City building
engineer
3.1.1.1.3 Contractor shall test run each chiller and record all readings
3.1.1.1.4 Contractor shall determine purge rate
3.1.1.1.5 Contractor shall compare readings to baselines readings
3.1.1.2 Quarter 2(January—March)
3,1.1.2.1 Contractor shall work with the City building engineer on chiller
machine operations
3.1.1.2.2 Contractor shall investigate any problems noted by City building
engineer
3.1.1.2.3 Contractor shall pull oil samples for lab testing
3.1.1.2.4 Contractor shall test run each chiller and record all readings
Non-Exclusive HVAC Vendor Services Agreement Page 14 of 33
3.1.1.2.5 Contractor shall determine purge rate
3.1.1.2.6 Contractor shall compare readings to baselines readings
3.1.1.2.7 Quarter 3 (April—June)
3.1.1.2.8 Contractor shall work with the City building engineer on chiller
machine operations
3.1.1.2.9 Contractor shall investigate any problems noted by City building
engineer
3.1.1.2.10 Contractor shall test run each chiller and record all readings
3.1.1.2.11 Contractor shall determine purge rate
3.1.1.2.12 Contractor shall compare readings to baselines readings from previous
annual inspection
3.1.2 Contractor shall advise City building engineer of chiller machine performance
immediately following inspections
3.1.3 Contractor shall provide a detailed report of inspection within five(5)business days of
completed inspection with recommendations on resolving any issues found during
inspections.
3.1.4 Contractor shall perform maintenance inspections during regular worldng hours, 8:00
A.M to 5:00 P.M Monday—Friday
4.2 HVAC Systems
4.2.1 Maintenance Inspections shall be completed on an as needed basis.
4.2.2 Contractor shall perform the following:
4.2.2.1 Clean condenser coils
4.2.2.2 Check and/or clean evaporator coils
4.2.2.3 Check and or clean drain pans
4.2.2.4 Blow out drain lines
4.2.2.5 Check and record refrigerant pressures (circuit 1 and 2)
4.2.2.6 Check and record leaving and.entering air temperatures of evaporators
4.2.2.7 Check and replace belts as needed
Non-Exclusive HVAC Vendor Services Agreement Page 15 of 33
4.2.2.8 Check and replace pulleys as needed
4.2,2.9 Check condenser fan and record amperage
4.2.2.10 Check compressor and record amperage on all circuits
4.2.2.11 Check indoor blower wheels and clean as needed
4.2.2.12 Check operation of unit and thermostats ensure all stages are working
4.2.2.13 Check compressor contactors
4.2.2.14 Clean grills as needed
4.2.2.15 Oil motors as needed
4.3 Cooling Tower Systems
4.3.1 Maintenance Inspections shall be completed on an as needed basis.
4.3.2 Contractor shall perform the following
4.3.2.1 General inspection of mechanical features—motor,fan and drive
mechanism
4.3.2.2 General inspection of makeup valve(if equipped)
4.3.2.3 General inspection for unusual noise and/or vibration
4.3.2.4 Inspect and clean air inlet
4.3.2.5 Inspect and clean PVC drift eliminator
4.3.2.6 Inspect and clean distribution basin
4.3.2.7 Inspect and clean fan motor exterior
4.3.2.8 Inspect the Gear Reducer Drive(if equipped),per manufacturer's
specifications, for
4.3.2.8.1 Oil leaks
4.3.2.8.2 Oil Levels
4.3.2.9 Inspect the Lube Lines for leaks in hoses or fittings
4.3.2.10 Operate motor at least 3 hours
4.3.2.11 Inspect the Marley Horizontal Control(HC)Valves(if equipped)
Non-Exclusive HVAC Vendor Services Agreement Page 16 of 33
4.3.2.12 Change Gear Reducer Valve oil per manufacturer's specifications
4.3.2.13 Open vent in Gear Reducer Valve
4.3.2.14 Check Gear Reducer Valve driveshaft, coupling bushings, or flex
element for unusual wear
4.3.2.15 Lubricate belt drive fan shaft
4.3.2.16 Check drive belt tension and condition
4.3.2.17 Check and tighten fan blade and hub fasteners per manufacturer's
specifications
4.3.2.18 Check fan cylinder for loose fasteners per manufacturer's specifications
4.3.2.19 Inspect and clean basin heater sensor
4.3,2.20 Inspect and tighten all structure fasteners
4.4 Walk-in Coolers
4.4.1 Maintenance Inspections shall be completed on an as needed basis per the
Manufacture's specifications.
4.4.2 Contractor shall perform the following:
4.4.2.1 Visual inspection
4.4.2.2 Clean evaporator coils
4.4.2.3 Check operation of all fans
4.4.2.4 Inspect electrical wiring and components
4.4.2.5 Check refrigeration cycle
5.0 ANNUAL INSPPCTIONS
5.1 Chiller Systems
5.1.1 Annual inspections shall begin in July and be completed by September 15'
5.1.2 Contractor shall complete annual inspection in the following manner
5.1.2.1 Contractor shall work with the City building engineer on chiller
machine operations
5.1.2.2 Contractor shall investigate any problems noted by City building
engineer
Non-Exclusive HVAC Vendor Services Agreement Page 17 of 33
i
5.1.2.3 Contractor shall change oil and oil filter
5.1,2.4 Contractor shall provide oil analysis on each chiller during the annual
inspection
5.1.2.5 Contractor shall replace various filters and strainers for the purge
system as well as the oil recovery circuit
5.1.2.6 Contractor shall remove one head on each chiller and brush condenser
tubes.
5.1.2.7 Contractor shall remove one head on each VSD heat exchanger and
brush heat exchanger tubes.
5.1.2.8 Inspect VSD units on each chiller, if applicable
5.1.2.9 Contractor shall start up each chiller and log for base line data for the
owner's records
5.1.2.10 Contractor shall perform vibration analysis on each chiller during the
test run,
5.1.2.10.1 If additional vibration testing is required, Contractor shall notify
City building engineer prior to performing additional testing
5.1.2.11 Contractor shall determine purge rate
If 5.1.2.12 Contractor shall perform a leak test
5.1.2.13 Contractor shall check and test flow control switches and/or pressure
differential switches
5.2 HVAC Systems
5.2.1 Annual Inspections shall be on an as needed basis.
5.2.2 Contractor shall perform the following:
5.2.2.1 Clean condenser coils
5.2.2.2 Check and/or clean evaporator coils
5.2.23 Check and or clean drain pans
5.2.2.4 Blow out drain lines
5.2.2.5 Check and record refrigerant pressures(circuit 1 and 2)
5.2.2.6 Check and record leaving and entering air temperatures of evaporators
Non-Exclusive HVAC Vendor Services Agreement Page 18 of 33
5.2.2.7 Check and replace belts as needed
5.2.2.8 Check and replace pulleys as needed
5.2.2.9 Check condenser fan and record amperage
5.2.2.10 Check compressor and record amperage on all circuits
5.2.2.11 Check indoor blower wheels and clean as needed
5.2.2.12 Check operation of unit and thermostats ensure all stages are working
5.2.2.13 Check compressor contactors
5.2.2.14 Clean grills as needed
5.2.2.15 Oil motors as needed
5.2.2.16 Check heat exchanger
5.3 Cooling Tower Systems
5.3.1 Annual Inspections shall be on an as needed basis.
5.3.2 Contractor shall perform the following
5.3.2.1 General inspection of mechanical features motor, fan and drive
mechanism
5.3.2.2 General inspection of makeup valve(if equipped)
5.3.2.3 General inspection for unusual noise and/or vibration
5.3.2.4 Inspect and clean air inlet
5.3.2.5 Inspect and clean PVC drift eliminator
i
5.3.2.6 Inspect and clean distribution basin
5.3.2.7 Inspect and clean fan motor exterior
5.3.2.8 Inspect the Gear Reducer Drive(if equipped),per manufacturer's
specifications, for
5.3.2.8.1 Oil leaks
5.3.2.8.2 Oil Levels
5.3.2.9 Inspect the Lube Lines for leaks in hoses or fittings
Non-Exclusive HVAC Vendor Services Agreement Page 19 of 33
5.3.2.10 Operate motor at least 3 hours
5.3.2.11 Change Gear Reducer Valve oil per manufacturer's specifications
5.3.2.12 Open vent in Gear Reducer Valve
5.3.2.13 Check Gear Reducer Valve driveshaft, coupling bushings, or flex
element for unusual wear
5.3,2.14 Lubricate belt drive fan shaft
5.3.2.15 Check drive belt tension and condition
5.3.2,16 Check and tighten fan blade and hub fasteners per manufacturer's
specifications
5.3.2.17 Check fan cylinder for loose fasteners per manufacturer's specifications
5.3.2.18 Inspect and clean basin heater sensor
5.3.2.19 Inspect and tighten all structure fasteners
5.3.2.20 Check Basin heater for proper operation of temp/low water level sensor
5.4 Walk-in Coolers
5.4.1 Annual Inspections shall be on an as needed basis and completed per the manufacturer's
specifications.
5.4.2 Contractor shall perform the following;
5.4.2.1 Visual inspection
5.4.2.2 Clean evaporator coils
5.4.2.3 Check operation of all fans
5.4.2.4 Inspect electrical wiring and components
5.4.2.5 Check refrigeration cycle
5.4.2.6 Submit an oil sample for analysis
5,4.2.7 Inspect suction accumulator(if equipped)
5.5 Contractor shall perform maintenance inspections during regular working hours, 8:00
A.M to 5:00 P.M Monday—Friday.
Non-Exclusive HVAC Vendor Services Agreement Page 20 of 33
5.6 Contractor shall advise City building engineer of system performance immediately following
inspections.
5.7 Contractor shall provide a detailed report of inspection within five(5)business days of
completed inspection.
6.0 MAINTENANCE AND INSPECTION REPORTS
6.1 Contractor shall provide a detailed report of the maintenance and/or inspection performed to
Department Contract Manager or designee within five(5)business days of completion of
inspection
6.2 Contractor shall provide a written report to include,but not limited to:
6.2.1 Equipment performance
6.2.2 Necessary equipment repairs
6.2.3 Recommended improvements to equipment
6.2.3.1 All necessary equipment repairs and recommended improvements shall
be submitted in a proposal form.
6.2.3.1.1 Contractor shall include the following information in the
proposal
6.2.3.1.1.1 Description of work to be performed
6.2.3.1.1.2 Parts and/or products to be provided
6.2.3.1.1.3 Itemized estimate of materials including associated
percentage mark-up
6.2.3.1.1.4 Itemized estimated of any equipment rental
6.2.3.1.1.5 Itemized labor costs including number of hours,pay
rates and worker classifications
6.2.3.1.1.6 A timeline including proposed starts and
completion dates
7.0 REPAIR SERVICES
T1 Contractor shall perform all work necessary to ensure the proper function and operations of
equipment provided of all chiller systems.
7.2 Contractor shall ensure all repairs, services and replacements are performed to meet the most
recent, applicable codes, laws and regulations.
7.3 Contractor shall ensure all repairs, services and replacements are performed to meet the most
recent industry standards.
Non-Exclusive HVAC Vendor Services Agreement Page 21 of 33
7.4 Contractor shall understand that Contractor shall not begin work without a Purchase Order
from the City.
7.5 Contractor shall identify repair(s) and/or equipment needed within eight(8)hours after
arrival of the first authorized maintenance personnel with the following exceptions;
7.5.1 If additional parts are required from outside a 100-mile radius of the
equipment location,then repair should be completed within 24 hours
for emergencies and 72 hours for routine situations.
7.5.2 If a public utility is involved and does not respond in a timely manner,
then repair must be completed within four (4) hours of the public
utility fixing their problem.
7.5.3 Restoration of service following a catastrophic event such as fire,
storms, earthquakes, theft, intentional or accidental damage, shall be
on the same basis as an emergency interruption with around-the-clock
effort until full service is restored.
7.6 In the event the Contractor needs to rent large equipment(crane, scissor lift, etc.)to perform
the work. Contractor will notify the authorized employee in writing.
7.6.1 The City shall be obligated to pay the Contractor's actual cost for rental, Mark-ups
will not be paid by the City.
8.0 EXPEDITED OR EMERGENCY REPAIR SERVICES
8.1 Contractor shall understand that the City may require the Contractor to respond to expedited
or emergency service requests and require the Contractor to provide 24 hours service and
respond to emergency calls.
8.2 Contractor shall understand the Department Contract Manager or designee shall have the
sole and final authority in determining when services will be designated as an expedited
or emergency request.
8.3 Contractor shall acknowledge an expedited request within two (2)hours or less and be
onsite within:four(4)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 Contractor's employee signs in at the work site.
8.4 Contractor shall understand that expedited response service may include after-hours,
weekend and Holidays per Part 3, Section 10.
8.5 Contractor shall perform all work necessary to ensure the proper function and operations of
equipment provided
8.6 Contractor shall notify Department Contract Manager or designee in writing in the event the
Contractor needs to rent large equipment to perform work.
8.6.1 Equipment rental markups will not be permitted.
8.7 Contractor shall understand that emergency services are to be performed until frill service
has been restored
Non-Exclusive HVAC Vendor Services Agreement Page 22 of 33
9.0 OTHER MISCELLANEOUS SERVICES
9.1 Contractor shall understand the City may request other related work or services that are not
specified herein.
9.2 Contractor shall perform requested miscellaneous services after the Department Contract
Manager or designee authorizes such service,in writing,by issuing a Purchase Order.
9.3 Contractor shall perform related services in accordance with all provisions of this Agreement
10.0 HOURS OF SERVICE
10.1 Regular hours shall be 8:00 A.M to 5:00 P.M.Monday—Friday
10.2 After-hours shall be 5:01 P.M to 7:59 A.M Monday--Thursday
10.3 Weekend hours shall be 5:01 P.M to 7:59 A.M Friday—Monday
10.4 Holiday hours shall be all hours during any City Observed Holidays
10.4.1 New Year's Day
10.4.2 Markin Luther Ding Day
10.4.3 Memorial Day
10.4.4 Juneteenth
10.4.5 July 4t'1
10.4.6 Thanksgiving Thursday and the following Friday
10.4.7 Christmas
11.0 PARTS REQUIREMENTS
11.1 Contractor shall use parts and materials that are factory new, free of defects in materials
and workmanship,compatible with existing materials of the equipment involved, and
comply with all applicable laws, ordinances,rules, regulations,codes as approved by the
City's Department Contract Manager or designee.
11.1.1 All parks and materials supplied under the agreement shall be new,unused,of recent
manufacture, and suitable for its intended purpose.
11.2 Contractor shall deliver parts and materials to the worksite in sufficient quantity to allow for
continuity of work.
11.3 Contractor shall use parts and materials that are new,unopened,and contained in well-
marked packaging showing product and manufacturer's name.Damaged and unlabeled
materials will not be accepted.
11.4 Contractor shall not dilute or reduce products.
11.5 Contractor shall be responsible for all parts,materials and products.
11.6 Contractor shall comply with all manufacturer's recommendations of parts,materials and
products,
Non-Exclusive HVAC Vendor Services Agreement Page 23 of 33
11.7 Contactor shall understand all City departments,through a Department Contract
Compliance Managers or designee, are eligible to purchase HVAC equipment or parts and
supplies from existing City-wide purchase agreements for electrical supplies and may be
furnished by the City.
12.0 EQUIPMENT REQUIREMENTS
12.1 Contractor shall provide all equipment sufficient to adequately perform all services. If rental
equipment is required,Contractor shall invoice for rental fees,no mark-up will be permitted.
12.2 Contractor shall make all equipment available to Contractor employees at all times
12.3 Contractor shall ensure all equipment is in good operating condition and meets or exceeds
12.4 OSHA industry standards
12.5 Contractor shall ensure that any motorized or mechanical equipment such as lifts,booms
scaffolds, etc, shall be approved by the Department Contract Manager or designee prior to
use.The City reserves the right to inspect equipment prior to use at City facilities
12.6 Contractor shall ensure any gasoline, natural gas,diesel or propane powered equipment
shall be approved by the Department Contract Manager or designee prior to use.The City
reserves the right to inspect equipment prior to use at City facilities
12.7 Contractor shall ensure that non-marking tires are cleaned prior to entry into a City
facility,The City reserves the right to require a covering to be laid on the floor to protect
the floor from equipment
12.8 Contractor shall be responsible for any damage resulting from burns,battery leaks, oil or
hydraulic leaks, scrapes or scratches
12,9 Contractor shall understand the City may stop work at any time if inferior equipment
(such as leaking solvents, safety risk, creating hazardous conditions, damaging City
property, etc.) is in use by the Contractor. The City shall have the sole and final authority
in determining if Contractor's equipment is inferior. The Contractor shall be responsible
for any loss or damage to rented or owned equipment used while performing services
under this. The Contractor shall not charge the City for expenses incurred by Contractor or
its subcontractor for loss or damage to equipment or tools rented or Contractor owned
equipment
13.0 DISPOSAL OF PARTS,PRODUCTS,MATERIALS,NON-HAZARDOUS AND
HAZARDOUS MATERIALS
13.1 Contractor shall be responsible for handling,transporting and disposing of all material
waste,oil 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.
13.2 Contractor shall recycle all waste, scraps,as appropriate and account for with disposal
receipts for verification.
Non-Exclusive HVAC Vendor Services Agreement Page 24 of 33
13.3 Contractor shall be responsible for any hazardous materials brought to the site by the
Contractor.
13.4 Contractor shall immediately notify the Department Contract Manager or designee 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 materials uncovered or revealed at the site which was not
known, indicated or identified previously.
13.5 Contractor shall provide manifest ticket(s) for hazardous materials or other proof or proper
disposal on request within ten(10)business days upon the request of the Department
Contract Manager or designee.
14.0 CONTRACTOR LABOR AND PERSONNEL
14.1 Contractor shall be responsible for ensuring the safety of their employees,City employees
and the general public during performance of services under this
14.2 Contractor shall be responsible for ensuring that all employees are fully and properly
equipped to perform services promptly and safely
14.3 Contractor shall comply with all provisions of the Occupational Health and Safety(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
14.4 Contractor shall comply with the latest version of the 29 CFR 1910,OSHA standards.
Compliance with OSHA and other applicable laws and regulations for the protection of
employees is exclusively the obligation of the Contractor, and the City assumes no liability
or responsibility for Contractor's compliance or noncompliance with such responsibilities
14.5 Contractor shall comply with all OSHA reporting requirements for record keeping and
reporting of Contractor shall provide verbal report to the City immediately, and no later than
one(1)business day,of the occurrence. The Contractor shall cooperate with the City and
provide any written documentation and information required for record keeping purposes
14.6 Contractor 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
hazards by OSHA. The Contractor shall submit proof of employee training and experience
within five(5)business days upon request by the Department Contract Manager or designee
14.7 Contractor shall not require any person to work in surrounding or under working conditions
that are unsanitary,hazardous, or dangerous to their health and safety.
14.8 Contractor shall require all employees assigned to the service to wear necessary personal
protective equipment required by industry standards
14.9 Contractor shall ensure that only authorized employees performing work under this
Agreement are on the worksite.No acquaintances, family members,or any other personal
shall accompany the Contactor employee in the work area
Non Exclusive HVAC Vendor Services Agreement Page 25 of 33
14.10 Contractor shall ensure employees maintain good discipline and professionalism while
performing services for the City
14.11 Contractor shall understand and agree that the scheduling of events at City facilities takes
precedence over any scheduled service requests agreed to by the Contractor and Department
Contract Manager or designee. The Contractor shall not hold the City liable, financially or
otherwise, if the City needs to reschedule services with the Contractor 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 Contractor of changes in the City's schedule of
events which may have an impact on scheduled services.
14.12 Contractor shall not 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.
Provide all transportation required to perform the work. Contractor shall park its vehicles in
areas designated by the City, if available. In the event the City cannot make parking
arrangements for the Contractor,the Contractor shall be responsible for parking fees and
fines. All vehicles parked on City property shall be clearly marked with the Contractor's or
subcontractor's name on both sides of each vehicle. Magnetic signs are acceptable.
14.13 Contractor shall provide ample advance notice of the need for any utility service cut-off,
which will be scheduled at the convenience of the City.
14.14 Contractor 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 Contractor shall comply
with all current Federal, State and local laws,City ordinances, rules and regulations.
14.15 Contractor shall understand that storage of apparatus,materials, supplies, and equipment
shall be in an orderly fashion at the worksite in a manner that will not interfere with the
progress of the Contractor's work of any other Contractor's work.
14.16 Contractor shall clean up all refuse, rubbish, scrap materials, and debris caused by the
Contractor'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 the completed work nor buried on the building site or any City premises,but shall be
removed from the site by Contractor.
14.17 Contractor 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 Contractor'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 Contractor 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 Contractor or bill the Contractor to
recover costs if no payments are owed.
14.18 Contractor shall note and report any damage found prior to any work at a job site to the
Department Contract Manager or designee.
Non-Exclusive HVAC Vendor Services Agreement Page 26 of 33
14.19 Contractor shall understand that all work is subject to inspection and acceptance by the
Department Contract Manger or designee.
14.20 Contractor shall not perform outside what was requested for a specific service request
without first having written approval from the Department Contract Manager or designee.
14.21 Contractor shall not perform work under this 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.
14.22 Contractor shall properly prepare equipment to be worked on including,protection of all
non-movable items or equipment, and the proper application of materials
14.23 Contractor shall store,handle,and install all parts,materials and/or products as per
manufacturer's specifications
14.24 Contractor 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 Contractor
and Contractor's employees shall exercise a particularly high level of discipline, safety and
cooperation at all times while on the worksite.
14.25 Contractor shall coordinate the timing and transportation of equipment or materials to the
work area.
14.26 Contractor shall understand that if transportation through the interior of a facility is
required,the Contractor shall take every precaution to ensure public safety.Under no
circumstances shall the Contractor transport equipment or materials through the interior of a
facility without prior written approval and coordination with the Department Contract
Manager or designee
14.27 Contractor shall understand that any and all damage to Contractor's or City equipment or
property as a direct result of Contractor's equipment, employees, or Contractor's
subcontractor's actions,the Contractor shall notify the Department Contract Manager or
designee immediately in writing. Surfaces, fixtures, or furnishings damaged by the
Contractor's employees shall be replaced or repaired to the satisfaction of the City by the
Contractor, 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 Contractor or to recover costs if no payments are owed.
14.28 Contractor shall understand 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 Contractor shall be responsible for any damage to surrounding building walls,
landscaping,parking lots, and sidewalks.
14.29 Contractor shall meet any and all Safety Data Sheet(SDS)guidelines on any applicable
limits and be able to install accordingly
14.30 Single Point of Contact
Non-Exclusive HVAC Vendor Services Agreement Page 27 of 33
14.30.1 Contractor 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 in this Scope of Work. The SPOC shall be
available and on-call 24 hours a day,while the Contractor is performing services on
City property.
14.30.2 The SPOC shall inspect,monitor, and supervise the Contractor's employees;
ensuring adherence to the work schedule, safety requirements, and quality of work.
14.30.3 During times the SPOC is unavailable(due to vacation,travel, etc., for example),the
Contractor may provide a designee for the SPOC. The designee shall meet the same
requirements as specified for the SPOC within this SOW.
15.0 WORK PERFORMANCE
15,1 Contractor shall be responsible for:
15.1.1 Performing services on an as-needed basis for all City locations
15.1.2 Providing all maintenance manuals for installations and/or repairs
15.1.3 Ensuring work is completed and/or supervised by a licensed HVAC Technician(s)
15.1.4 Ensuring repair and replacement work is completed in accordance with all current
Federal, State and local laws,City ordinances,rules and regulations.
15.1.5 Ensuring all work is completed in strict accordance to industry standards
15.1.6 Securing the area for Contractor employee, City employee and general public safety
16.0 DELIVERY
16.1 Contractor shall understand Delivery shall be F.O.B. Destination and all other delivery
charges shall be included in the unit price. The person placing the order will provide
delivery and billing information.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
Contractor may be asked to accelerate delivery of an order(s)due to extenuating
circumstances. When this occurs and there is an additional cost,the Contractor must receive
written approval from Department Contract Manager or designee in order to order the
materials. If written approval is not received from the Department Contract Manager or
designee,City shall not be liable for any costs.
16.2 Contractor shall understand in the event the Contractor is unable to meet the original
delivery datc(s),the City 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
grounds for canceling an order(s), or the entire Agreement in accordance with the
Termination Clause shown elsewhere in the solicitation.
16.3 Contractor shall understand delivered items that are determined to be defective or not
meeting bid specifications shall be picked up and replaced by the Contractor,or the
Contractor's designee,at no cost to the City. If the item(s) are not picked up within one(1)
week after notification,the item shall become a donation to the City for disposition..
i4
Non-Exclusive HVAC Vendor Services Agreement Page 28 of 33
I g
E
17.0 PAYMENT SCHEDULE
17.1 Contractor shall understand 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.
17.2 Contractor shall understand the hourly labor rates for repair will be actual time worked at
the City's job site to the nearest one-quarter hour.
17.3 Contractor shall understand contractor'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.
17.4 Contractor shall understand HVAC 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.
17.5 Contractor shall provide proof of cost with all invoices that list electrical equipment or parts
and material charges.
18.0 WARRANTY
18.1 The Contractor shall provide a warranty to include at a minimum,but not limited to the
following:
18.1.1 The Contractor's warranty with respect to the products repaired or replaced will run
for one(1)year from date of repair or replacement and acceptance of such by the City.
18.1.2 In addition to any other warranties in this contract,the Contractor warrants that all
work and products supplied under this contract conforms to the contract requirements
and is free from any defect in workmanship, equipment, material, or design furnished
by the Contractor or any sub-contractor or supplier at any tier.
18,1.2.1 The City shall notify the Contractor,within a reasonable time after the
discovery of any failure, defect, or damage.
18.1.2.2 Contractor agrees to remedy, repair or replace promptly,at Contractor's
expense, on a one-far-one basis without additional cost to the City; any and
all defective work and products. The City defines"prompt"repair or
replacement to be within twenty-four(24)hours after notification by
authorized City personnel.
18.1.3 The Contractor shall remedy at Contractor's expense any damage to real or personal
property owned by the City, when that damage is the result of a defect of products
furnished.
19.1.4 If the Contractor fails to remedy any failure,defect, or damage within a reasonable
time after receipt of notice,the City shall have the right to replace,repair, or
otherwise remedy the failure,defect, or damage at the Contractor's expense.
18.1.5 This warranty shall not include failures attributable to accident, fire, or negligence on
Non-Exclusive HVAC Vendor Services Agreement Page 29 of 33
the part of operating(using)personnel.
18.1.6 With respect to all warranties, expressed or implied, from sub-contractors,
manufacturers, or suppliers for work performed and materials furnished under this
contract,the Contractor shall;
18.L6,1 Obtain all warranties that would be obtained in normal commercial practice
18.1.6.2 Require all warranties to be executed in writing,for the benefit of the City
18.1.6.3 Enforce all warranties for the benefit of the City
19.0 BACKGROUND INVESTIGATIONS
19.1 Due to working in facilities subject to federal Criminal Justice Information System
requirements, contract workers must be fingerprinted and must be able to pass a criminal
background check and drug screen.This must be done at the Contractor's expense and
verification of a clear background must be given to the contract administrator before any
Contractor employee is allowed to work in a building which falls under this requirement.
19.1.1 Under no circumstances shall any Contractor personnel having any convictions or
pending criminal hearings be assigned to the City contract.
20.0 BUDGET ESTIMATES
20.1 The Contractor shall provide cost estimates if requested by the ordering Department.
20.2 Cost estimates do not have to be exact;however,they should reflect a realistic dollar
amount comparable to the work requested/needed.
20.3 All estimates shall be itemized to show labor costs and material and parts costs.
20.3.1 Material and parts costs shall be broken out.
21.0 DEPARTMENTAL LOCATIONS
21.1 Reference Exhibit A for City Locations.
Non-Exclusive HVAC Vendor Services Agreement Page 30 of 33
EXHIBIT B
PAYMENT SCHEDULE
wantlLr ._., r Page Invited: PUBLIC EVENT DETAILS
':ELri aar_4n55
Even€Round Vsrefarn Submit To: Cl of Forf Wafth
-1« s T � � � FlUNCIAL MANAGEMENT SERVICES
&OW Boma FINANCE-Purchaoin
a�#t a �fr nr usn aa....nud nr 3nrr.._ 200 Texas St,(Lower Level,South)
Strrl y7ma FlrtiE+h mo Fort Worth TX 791142
+asrxa oa�e as csm axr Apaa_'�r�aLq-Q—(uT j United St las
Email: FMSPurrhasirigRosponso8i2fariworihtoxes,gov
tine: t
—_Qly tJ �ks_ Lknll�alca
Sgualified,Trained'Fastantt:taa for urtsprrCiilad servfoga 48tt585.f}0 HR
(Regular Hours Monday Friday 6ZO A.M.-6:00 R M,)
Line: 2
bo-nrNr?[i; _- _�$tk Unit UnllPelea Fatal
A4slvt.ArWHeipar for unsperdkd ser as(Roguiar 260$1 0 HR ""
Hours kAandtty•Pdttay8:0EiA,�1.•[:fld R�1:y
Llrie;
Ue9cr�unn: -...._... Unit 19I
Y.a. ._........
Qnatified,Trained'f8ahrwlvlan for untcpaolliod services 244b,pQ HR _
(Attar Hims Wnday-"Thursday 6:01 P_M.-7zo A.M.]
Line: 4
tleseftntlan: _ _._Unit i
itssistavMotperfc�runspeaifiebdservicea(AfferHours 133(1.iif) HR
Monday-Thursday 6,01 P-M.-7:59A.M.
Lino: 6
go-scrigNon: Unit nilprice ficg� �-A y
Qualified.Trained Ti: hil1ic€ar�fi i I I n aCif1;! servl[:es 750W HR _ _
(WookondHour rfday-Monday 5:D1P.M.•7:h9A,M. fII �I f�J/ ry
E�[�a>�-7Va
Lino; 6
Door ilal€am �tY._..._.....__ _Unit Uri€IRr€c_.,.._.,$ 7ofst
Assislan[ elperforunspr:oifredsmllms(4Yealrcnd 555.OQ HR -
fl�ours Friday-Monday 5.01 P.M,-74 A.M.)
Lines T
I){ascADElan: _ _ r nit �ERrJco -- Total
Qua1fied,Trained TechW6nn for unsp dfie�i s4nrlcas a ,q9 HR
(flotraoys) L�U r�L�r 1 1 It;•.n~s.
Lino, 6
DOrGAntinn: - unit Un1tFjLpA „,„„_� Fntel
Amistnntelielper for un cep ile2'servic5s +116.pp IIF2
Non-Exclusive HVAC Vendor Services Agreement Page 31 of 33
Page Invited: PUBLIC EVENT DETAILS
want RoLrnd Version Submit To, Cl of Fort Worth
1 _ .�. . „.,. ..._._ FINANCIAL.MANAQENIENTS RVICES
Evont Name FINANCE•Fu(chosip
x7C8�.vA�_�epatr na9nr n n .aad..u.xxiaPecr inn.. l Texaa St.{f men r Pavel,South)
start Time Finish Time Fort Worth TX 76102f
nl zb 20 2 a ok, OD2u 6x .�,_PJLU7tt ao a csc UAW States
Crttall: FMSPurchasingResponoos@rortvrorttitexas,gov
Lino, 0
Claaefipflon: Ov Unitplae._
Chiller-Quallfiad1rainod Tochniclan 900.00 HR _
(R 4 P Pd,ylour5 Monday•Friday SLOAM,- ���I��� ��J_i�,+_od?
Lino: 10
S Ifllipw --�i�1 Unit Total
CHNor.Qualirind,Trelaod Toohribon 700:00 14R
(After Hours Monday-Thursday5:01 pli,t.
7:69A,M:} '1r�
Liner 11
Mascriplfdnn _•�,, _Qtv unit 11n1tPrlee Total
Chiller=Qualified,TPalnod Tachn1dan 200>00
(Wookend Haws Fddaly.Mondny 6,01 P.M.
-7,69A.M.} •�_11 �r�
Liner 12
pswi im QhL �.�-.�,_x„mil. 1t UnICPrlce
Chiller- .ualfrrsd TrinodTcnlalan_ 2l1[3p HR __,a� _ 9tal _
(Htslfdays)
_' ' $ s2.ej
Lino: 13
s Gill U_ 1 u__Yy_ 4dnitPri Total Controls-pualilied,Trained T�chrslclan �42i3k.0CD lilt
ti=PA.)
liaurs i�terrday•FrldayB.tillfa.dN:.•
;
Line,. 14
flescrduttons � _ _ _ _ rthr f........ UnItP lea Total _
Owirals-Qualiflsd.Trained Technfclan 003101) HR
(After Hours Vmn*-Thursday 5:01 P.M.
-7:59 A.M. of . 4. a
4fne: 1.6
UrrltPrica, 7atal
Cnrsirols-Quallfied,Tralned Tephnicfan +a5D,O HR _
4reekand Hrxrra Friday-fv9cndal7 a:01 P.M. ) �}
-7:59AX) l f 14 3
Lille; 15
PA"W.IPs7� �.__ ... ,.. �1f01L UnitPrlra Total
Conlrols,Q4aaf]faed,Trained Tt�elx Iclaan 639.G0 HR
{Heiideysa 17 y tl??,O
Linei 17
OW dfan,..... _ -- - -- Div ., �UraIC UnitPriee�.� . Total
Minimum Serwlce G°harga 9 00 EA
Non-Exclusive HVAC Vendor Services Agreement Page 32 of 33
Igatir>tIb - Page Invited: PUBLIC EVENTQETAILS
ICe1101-22-00-55 ,..,..r,.. „...,v,.,......Y...,:_�..,.,_:..,
Event Round Yaralon Sub4nit T4: CK�y-f Fort Worth
FINANCIAL MANAGEMENT 8F-RYJO S
Euaitt Name FINANCE-Purchasing
i .t�alat naII.o.�.�.axct:. napect n 200 Texas St,tLourortavol,South)
Start TWO Finish Tina Fort Worth 7X 76102
n1 215 ao22 United States
Etnall. FMSRtrrchaeingResponso$Qfpriworlhtexns,Uov
Line: 10
haseir,Iptlaa: . �._._...:.,.,_,,,,,,, —,— Cktyt Urtlt „RU t le �41�...,,__
Annual insprrcllon-Ctiillar 1,00 YR
Cana: le
29 GIV UnitItlds r�,ral
Annual inspaction-HVACsystem 1.00 YR
L.n.*- 20
PRNJOP ,.,,.,.. ._.... -___. ro 11 Unit UnirP.- Tat�l
Annual Inspection•Cooling Tawut
4 0 j Q Vv a
Woe, 2t
fCplLtII_ Unit
AnnullInspec.bn-Walk-In t-00 Vni _ tinitPrlr e.—.-- tat
�.�61
>rino, 22
Tatol
Malntenanoe(throe lfines a year)-V1�iilltzr 3.00 CA ��__
Line. 23
Resc ttan_ dtv t�9 t,3 UnRlRtiice Tow
Moirttarrance(three Itmea a year).HVAe System 8X0 EA
�. , t_4
CII
Limo 2+4
Nisiniananse(Olree lirtwa a.yew)-Cooliq Tower 3.gQ EA p
Line; 25
Q1161t194s = �. .� t rl�eg _ Total.
Mainlgnar4aattilreelin�enayear)•4Valk•IiaConlar 3.4U EA
Line: 2&
l7e_�acrigttan: Qty Unit
Mark Up Over ltkldes Cosis Far Parts.Malarial,Supplies,
Mild EgUIl5l9 M�s.—L 4APPIV Mwk Up l+ §�JL� a� �
Rp.resnlage raid 75T70,31[1. Tie fihiain GnrrAO firim 7031a,op l A t � ,J
Pxample:75.310 X 10%-7,031:7b,3111+7,071=77.341)
A bld of"W will he Interpfoled by lho City as-a no-chargs(free)item and the Clty mall not _
vxpoM to pay for that item.A bid of'no bid'er no rccfionsc(sppc,;Daft blan4 wMi ba Total aid —Unt.e .y
inlerpreied by the City that the Offerer doe%not vAoh to bid orl lbat Ram,Rs sdvlaed,a'no
bld'or ao response may be conoid d aq non-reoponslva and may losultin disqualif Orin
0Ihts told_
Non-Exclusive HVAC Vendor Services Agreement Page 33 of 33
M&C Review
Official
CITY COUNCIL AGENDA FORfll
Create New From This M&C
DATE: 5/10/2022REFERENCE **M&C 22- LOG NAME: 13P ITB 22-0055 HVAC REPAIR
NO.: 0331 01 ADK
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Non-Exclusive Purchase Agreements with A&G Piping, Inc. and
Johnson Controls, Inc. for Heating Ventiliation and Air Conditioner Repair,
Maintenance and Inspection in an Annual Amount Up to $4,041,911.50 and Authorize
Four One-Year Renewal Options for the Same Annual Amount for the Property
Management, Transportation and Public Works, Public Events, Aviation, Parks, and
Water Departments
RECOMMENDATION:
Authorize non-exclusive purchase agreements with A&G Piping, Inc. and Johnson Controls, Inc. for Heating Ventilation and
Air Conditioner Repair, Maintenance and Inspection in an annual amount Up to $4,041,911.50 and authorize four one-year
renewal options for the same annual amount for the Property Management, Transportation and Public Works, Public Events,
Aviation, Parks, and Water Departments.
DISCUSSION:
The Property Management, Transportation and Public Works, Public Events, Aviation, Parks, and Water Departments
approached the Purchasing Division to procure an annual agreement for Heating Ventiliation and Air Conditioner (HVAC)
Repair, Maintenance, and Inspection. The Purchasing Division issued Invitation to Bid (ITB) 22-0055 on January 26, 2022. The
bid consisted of detailed specifications regarding the HVAC Repair, Maintenance and Inspection services.
The ITB was advertised in the Fort Worth Star-Telegram from January 26, 2022 through February 16, 2022 and three
responses were received. Staff evaluated the responses based on a Best-Value criteria, which included: (a) availability of
resources to provide services, (b) bidder's qualification and experience, (c) contractor's approach to perform services, and (d)
cost. The individual scores were averaged for each of the criteria and the final scores listed in the below table. Upon review of
the information, A & G Piping, Inc., and Johnson Controls, Inc. received the highest overall scores and were determined to
present the best value to the City.
Bidders Evaluation Factors
a b c d Total Score
A&G Piping, Inc. 19 11.3 5.3 40 75.67
Johnson Controls, Inc. 19 10 5 30.22 64.22
Bidder did not score
at least 50\% of
Denali Construction Services 14 10 5 technical, therefore, 29
did not qualify for
price points
FUNDING: The maximum amount allowed under this agreement Citywide will be $4,041,911.50, however, the actual amount
used will be based on the need of the department and available budget.
BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in
accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where
subcontracting or supplier opportunities are negligible.
AGREEMENT TERMS: Upon City Council approval, the agreement will begin upon execution and will end one year from that
date.
RENEWAL OPTIONS: This agreement may be renewed for up to (4) four one-year terms at the City's option. This action does
file:H/CHISILON/NSHome/lbarraA/M&C%2OReview.html[5/11/2022 10:16:49 AM]
M&C Review
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.
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.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating and capital budget, as previously
appropriated, in the participating departments' Operating and Capital Funds to support the approval of the above
recommendation and award of the contract. Prior to any 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: Reginald Zeno (8517)
Dana Burghdoff(8018)
Originating Department Head: Anthony Rousseau (8338)
Steve Cooke (5134)
Additional Information Contact: Cynthia Garcia (8525)
Ashley Kadva (2047)
ATTACHMENTS
13P ITB 22-0055 HVAC REPAIR 1 ADK a.docx (CFW Internal)
A&G-SOS.pdf (CFW Internal)
CoFTW 1295.pdf (CFW Internal)
Combined FID table.xlsx (CFW Internal)
SAMS Johnson Controls.PNG (CFW Internal)
SAMS.AG Pipingpdf (CFW Internal)
Waiver 22-0055 HVAC Repair Services 01122022.pdf (CFW Internal)
file:H/CHISILON/NSHome/lbarraA/M&C%2OReview.html[5/11/2022 10:16:49 AM]