HomeMy WebLinkAboutContract 57637 CITY SECRETARY
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VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
GREENSCAPE PUMP SERVICES FOR TREATMENT SERVICES
FOR PUBLIC ART WATER FEATURES
This Agreement is entered into this QW4 day of M—_aq, A=by and between the City o Fort
Worth ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized
Assistant City Manager, and Greenscape Pump Services,Inc. ("Vendor"), a for profit Corporation, located
at 1425 Whitlock Lane, Suite 108, Carrollton,Texas 75006, acting by and through Randy Hilton, its duly
authorized General Manager. City has designated the Arts Council of Fort Worth and Tarrant County,Inc.,
to manage this Agreement on its behalf("Contract Manager").The Contract Manager shall act through its
designated Public Art Collection Manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environnwrit for
Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the
design work of artists into the development of the City's capital infrastructure improvements, ajid to
promote tourism and economic vitality in the City through the artistic design of public spaces;
WHEREAS,the City provides oversight and funding to maintain artworks included in theCity's
public art collection and the City of Fort Worth owns two (2) artworks that function as water
features:Runnels, by artist Gene Owens, located at 3220 Botanic Garden Boulevard Fort Worth, Texas
76107,and Earth Fountain,by artist Philippe Klinefelter,located at 4800 Camp Bowie, Fort Worth 7 5107
(collectively,the"Artworks");
WHEREAS,on March 10,2022,the Contract Manager conducted an informal Request for Quotes
seeking qualified firms to provide regular and as-needed professional services to assist in maintaining the
value, integrity, and authenticity of the public art water features;
WHEREAS,Vendor is an established firm providing professional water treatment services;
WHEREAS, Vendor submitted a response and was selected to provide professional water
treatment services on a regular and as-needed basis;
WHEREAS,City and Vendor wish to enter into an agreement to have such services provided for
public art water features in the Collection;
NOW,THEREFORE,City and Vendor for and in consideration of the covenants and agree ents
hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A—Public Art Fountain Treatment Services Request for Quotes;
3. Exhibit B—Vendor's Rate and Fee Schedule;and
4. Exhibit C—Texas Sales Tax and Local Sales Tax Exemption Certificate
OFFICIAL ECO
CITY ! ETARY
CSO RECD FT. WORTH,TX
[UN 2'22 AM-9.28
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.
1.1. Vendor hereby agrees to provide the City with professional water treatment services to the
Artworks that function as water features as described in Exhibit"A,"as outlined in this section,and Exhibit
"B," Vendor's Rate Schedule.
1.2. Vendor, if requested by City, will assist with any further repairs or treatments t the
Artwork to make the Artwork perform more efficiently and cost effectively. Vendor, if requested by ity,
will also assist with any repairs or parts replacement to the mechanical and operating components cf the
Artwork on an as-needs basis. If such work is requested and agreed to in writing by City,the Vendor will
provide a cost estimate to City for approval prior to performing any additional work.
1.3 City is a tax-exempt organization and no state or local sales taxes or federal excise taxes hall
be due pursuant to this Agreement. City shall supply Vendor with the certificate for use by Vendor i the
fulfillment of this Agreement in substantially the same form as Exhibit "C," Texas Sales and Us Tax
Exemption Certificate.
1.4. Vendor shall coordinate with the City to schedule regular treatment services to Artworks.
1.5. Additional services, supplies, rentals, or deliverables must be approved in writing in
advance of performance. Vendor will only be compensated for any such additional services or reimbursed
as agreed to by the parties.
1.6. Vendor agrees to be available at City's request within twenty-four(24) hours of a service
report to provide emergency services.
1.7. Vendor shall be responsible for the payments of all expenses incurred that pertain to
services being performed under this Agreement, including but not limited to Vendor's services, cost of
equipment to provide treatments for the Artworks including materials,mailing/shipping charges, insurance
costs,costs of all travel for Vendor and any other subcontractors, and any additional costs for the Vendor's
agents, consultants, subcontractors or employees necessary for the proper performance of the services
required under this Agreement.
1.8. Vendor shall make timely payments to all persons and entities supplying labor, ma erials,
services, or equipment for the performance of this Agreement. THE VENDOR SHALL DEFEND AND
INDEMNIFY THE CITY AND THE CONTRACT MANAGER FROM ANY CLAIMS OR LIABILITY
ARISING OUT OF THE VENDOR'S FAILURE TO MAKE THESE PAYMENTS. Vendor shall rnish
the City an affidavit certifying that all bills relating to services or supplies used in the performance Dfthis
Agreement have been paid, attached hereto as Exhibit"D,"Affidavit of Bills Paid.
2. TERM
This Agreement shall begin upon execution ("Effective Date") and shall expire on Septem er 30,
2023 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial T rm").
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 in accordance with the provisions of this Agreement and the Vendors Rate
Schedule more specifically described and included herein as Exhibit "B," — Vendor's Rate arid Fee
Schedule. Total annual payment made under this Agreement by City shall be an amount not to exceed
TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00). Vendor shall not perform any
additional services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be liable f r 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 f r 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 shall terminate on the last day of the fiscal period for which appropriation 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 ma e full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services un er 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 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 Informa ion 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,Fluse 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 urther
unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall, until the expiration of three (3)years after final payment under this
contract, or the final conclusion of any audit commenced during the said three years,have access to nd the
right to examine at reasonable times any directly pertinent books,documents,papers and records, including,
but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent Contract r as to
all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
contractor and subcontractors. 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, se;antsemployees or s subcontractor of Vendor. Neither Vendor, nor any officers, agents, servants, emploes or
subcontractors 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 an� of its
officers, agents, servants, employees or s subcontractor.
8. LIABILITY AND INDEMNIFICATION.
8.1 Vendor covenants and agrees to indemnify, hold harmless and defend, at i own
expense,City,its officers and employees,from and against any and all claims arising out of,or lleged
to arise out of, the work and services to be performed by Vendor, its officers, agents, emp oyces,
subcontractors, licenses or invitees under this Agreement. This indemnification provis.on is
specifically intended to operate and be effective even if it is alleged or proven that all or some of the
damages being sought were caused, in whole or in part, by any act, omission or negligence o City.
This indemnity provision is intended to include,without limitation,indemnity for costs,expenses and
legal fees incurred by City in defending against such claims and causes of actions.
8.2 Vendor covenants and agrees to indemnify and hold harmless,at its own expense,City,
its officers and employees, from and against any and all loss, damage or destruction of property of
City,arising out of, or alleged to arise out of, the work and services to be performed by the Vendor,
its officers, agents, employees, subcontractors, licensees or invitees under this Agreement. This
indemnification provision is specifically intended to operate and be effective even if it is alleged or
proven that all or some of the damages being sought were caused, in whole or in part, by any act,
omission or negligence of City.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations ot 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, subcontractor shall execute a written
agreement with Vendor referencing this Agreement under which subcontractor shall agree to be bound by
the duties and obligations of Vendor under this Agreement as such duties and obligations may apply.
Vendor shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Contractor shall meet all the following insurance requirements for this Project. If Contractor
subcontracts fabrication,transportation, and/or installation of the Work,then Contractor shall also require
his/her subcontractor(s)to abide by all of the following insurance requirements.
Commercial General Liability(CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
Coverage shall include,but not be limited to,the following: premises,operations,independent contr ctors,
products/completed operations,personal injury,and contractual liability.Insurance shall be provideTon an
occurrence basis and be as comprehensive as the current Insurance Services Office(ISO)policy.The policy
shall name City as an additional insured.
Bailee's/Property(if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on the
latest appraised value of the Artwork, which is entrusted to the Contractor and is considered to be in the
Contractor's care,custody, and control and shall include property"in transit."
Automobile Liability
$1,000,000 Each accident
or
$250,000 Bodily Injury per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hir d and
non-owned.
For Contractor and/or Contractor's Subcontractors who have employees: Workers'Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Bodily Injury/Disease -policy limit
Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the
Texas workers' Compensation Act(Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.).
GENERAL POLICY REQUIREMENTS
The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers,
Employees and Volunteers as an "Additional Insured" on all liability policies. Exception: the additional
insured requirement does not apply to Workers' Compensation or Automobile policies.
Contractor is responsible for providing the City a thirty-day(30) notice of cancellation or non-ren�wal of
any insurance policy and may not change the terms and conditions of any policy that would
limit the scope or coverage, or otherwise alter or disallow coverage as required herein. The workers'
compensation policy shall include a Waiver of Subrogation(Right of Recovery)in favor of the City of Fort
Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. If the
subcontractor is an international entity and carries insurance through an international insurance company,
then the subcontractor must obtain language on their certificate of insurance confirming that its insurance
policy extends coverage to operations in the United States. 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.
If insurance policies are not written for specified coverage limits,an Umbrella or Excess Liability insurance
for any differences is required. Excess Liability shall follow form of the primary coverage.
Unless otherwise stated,all required insurance shall be written on an"occurrence basis."
The deductible or self-insured retention(SIR)affecting required insurance coverage shall be acceptable to
and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and
stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance
pools or risk retention groups, must also approved by City's Risk Manager.
City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable
adjustments to insurance coverages and their limits when deemed necessary and prudent by City based
upon changes in statutory law,court decision or the claims history of the industry as well as of the
contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety da
City shall be entitled,upon request and without expense,to receive copies of policies and endorsments
thereto and may make any reasonable requests for deletion or revision or modifications of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of party or the underwriter on any such policies.
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, ordinance$, 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 i terest,
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 indiTiduals
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)re eived
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Greenscape Pump Services
Attn: Fernando Costa, Assistant City Manager Randy Hilton, General Manager
200 Texas Street 1425 Whitlock Lane, Suite 108
Fort Worth, TX 76102-6314 Carrollton, Texas 75006
Facsimile: (817) 392-8654 Facsimile: (972)446-0313
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
Vendor, any person who is or has been employed by the other during the term of this Agreement, without
the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Vendor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any fiction,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Vendor shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but shall not be held liable for any delay or omission in 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 autf ority,
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 p rty.
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 pre ailing
industry standards.City must give written notice of any breach of this warranty within thirty(30)da is from
the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use
commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or
(b)refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perforrT work
under this Agreement, including completing the Employment Eligibility Verification Form (1-9).J Upon
request by City, Vendor shall provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall adher 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. VIE DOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENATIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VE OR,
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 pr vided
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, cre ion 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 P oduct,
and all copies thereof,and in and to the copyright, patent,trademark,trade secret,and all other pro rietary
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 xecute
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 ereto,
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, owners ip, or
address change for the purpose of maintaining updated City records.The president of Vendor or aut orized
official must sign the letter. A letter indicating changes in a company name or ownership mµst 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 'mpact
future invoice payments.
30. ISRAEL
If Vendor is a company with ten (10) or more full-time employees and if this Agreemen is for
$100,000 or more, Vendor acknowledges that in accordance with Chapter 2270 of the Texas Gove ment
Code, the City is prohibited from entering into a contract with a company for goods or services unlss the
contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. If applicable
under this Agreement and Vendor is considered a"company," 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.
31. ENERGY COMPANIES
If Vendor is a company with ten(10)or more full-time employees and if this Agreement is for$100 00 or
more,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 veri cation
from the company that it:(1)does not boycott energy companies;and(2)will not boycott energy coi anies
during the term of the contract. The terms "boycott energy company" and "company" have the rn aning
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 vi�ritten
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. FIREARMS AND AMMUNITIONS INDUSTRIES
If Vendor is a company with ten(10)or more full-time employees and if this Agreement is for$1001000 or
more,Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code,a�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$100,000 or more that is to be paid wholly or partly from public funds'of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearmentity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the'Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies
that Vendor's signature provides written verification to the City that Vendor: (1) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearnn;trade
association; and(2)will not discriminate against a firearm entity or firearm trade association during
the term of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
�� day of � 12022.
(signature page follows)
ACCEPTED AND AGREED:
CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER:
By: �
'" By signing I acknowledge that I am the
Name: Fernandd Costa person responsible for the monitoring and
Title: Assistant City Manager administration of this contract, including
Date: S 2$ 2a,i?Z ensuring all performance and reporting
requirements.
APPROVA REC MME ED: By:
Name: Jennifer Chnn
By: Title: Pu4 A j Collection Manager
Name: ftar,�r�,�.�C"ct Arts ViDrf Worth
Title: Director of Planning&Analytics
A'S 1'S f Ay1 APPROVED AS TO FORM AND LEGALITY:
ATTEST !� By:
-� ��
By: �_ Name: Jes'sika Williams
Name: an •ette Goodall Title: Assistant City Attorney
Title: City Secretary
Off( FOR j' CONTRACT AUTHORIZATION:
�� •.Il�O M&C: N/A
VENDOR: : ;...
By:
Name: Randy Hilton
Title: General Manager
Date: 5-18-2022
OFFICIAL RECORD
CITY SECRE ARY
FT. WORT I-,TX
ACCEPTED AND AGREED:
CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER:
By: aL
By signing I acknowledge that I am the
Name: FemandJ Costa person responsible for the monitoring an
Title: Assistant City Manager administration of this contract, including
Date: 5OZ-4 20.Z2 ensuring all performance and reporting
41 requirements.
APPROVAL RECOMMENDED: By:
Name: Jenni er C nn
By: Title: Publ'- A Collection Manager
Name: Mark McAvoy Arts Worth
Title: Director of Planning&Analytics
APPROV,F�D AS Ir FORM AND LEGALITY:
j
ATTEST: By:
By: Name: Jessika Williams
Name: Jannette Goodall Title: Assistant City Attorney
Title: City Secretary
CONTRACT AUTHORIZATION:
M&C: N/A
VENDOR:
By:
Name: Randy Hilton
Title: General Manager
Date: 5-18-2022
EFTWORTH,
RECORD
ETAR
TX
EXHIBIT A
PUBLIC ART FOUNTAIN TREATMENT SERVICES REQUEST FOR QUOT S
PUBLIC ART FOUNTAIN TREATMENT
SERVICES REQUEST FOR QUOTES
Deadline:S:00 PM Local Time, Friday,April 1,
2022
Fort Worth Public Art(FWPA),a City of Fort Worth(City)program managed by the
Arts Council of Fort Worth and Tarrant County,Inc.,D/B/A Arts Fort Worth(Contract
Manager), requests Quotes from qualified full-service water feature companies to
maintain,clean,repair,and provide as-needed services for two artist-created fountains
and water features owned by the City of Fort Worth. Respondents will demonstrate
experience, project sensitivity, and staffing capability in providing services to assist
the Fort Worth Public Art program.
Quotes will be accepted by email until 5:00 P.M. CST,Friday,April 1,2022 as described below:
Email Attention: Jennifer Conn, Public Art Collection Manager
jconnaa,artsfortworth.org and copying Angela James, Finance and HR
Manager ajamesna,artsfortworth.org
GENERAL DESCRIPTION OF WORK The City of Fort Worth owns two (2)
public artworks that function as water features:Runnels,by artist Gene Owens,located
at 3220 Botanic Garden Boulevard,Fort Worth,Texas 76107, and Earth Fountain,by
artist Philippe Klinefelter, located at 4800 Camp Bowie, Fort Worth 76107 (see
attachments"A.1 and A.2""Artworks").The selected Respondant will provide regular
maintenance services to both, including:
- Test and monitor, as needed,to establish a water quality base line to inform
ongoing maintenance recommendations
- Coordinate with Arts Fort Worth's Public Art Collection Manager and City
staff to determine a weekly maintenance schedule for the duration of this
Agreement
- Monitor and record pH,TDS, and alkalinity weekly
- Replace basin water,as necessary
- Twice yearly general cleaning in coordination with the FWPA Collection Manager
- Make repairs,as necessary and approved in advance of work
- Generate and send reports with photo documentation (before/after)
cleaning treatments, as requested
The scope of work is preliminary and is intended to serve as a basis for this quote. The
Respondant may propose an additional course of action.
Respondants must provide evidence of necessary experience and organizational
capacity to provide required services and Quotes should provide for all anticipated
labor costs, materials/supplies, equipment rentals and operator costs as necessary to
provide required and any recommended services. The City will not pay for fuel,travel,
and/or mileage charges. The City of Fort Worth is sales tax exempt.
TERM
The selected Respondent will enter into a Vendor Services Agreement with the City
of Fort Worth. The term of the Agreement will be for a period of one (1) year,
commencing on or about April 15, 2022, and may be terminated by the City at any
time without penalty or cause. At the sole discretion of the City, the agreement may
be renewed for up to three(3) one(1) -year extension
QUALIFICATIONS
All Respondents, and their proposed subcontractors, are required to demonstrate the
experience necessary to successfully perform the proposed scope of work by
demonstrating a minimum of three (3) projects similar in scope within the last three
(3)years. Location and responsiveness of the firm to this RFQ will be considered.
CONTRACT DOCUMENTS
All contract documents are attached as the following exhibits:
• Exhibit A—Artworks:
• A.1. Runnels
• A.2. Earth Fountain
• Exhibit B—Vendor Services Agreement
Be advised that the Contract Documents shall constitute all information to be
furnished. Respondent will determine the difficulties of the Work and all attending
circumstances affecting the cost of doing the Work, and obtain all information required
to respond to this Request for Quotes. Respondent shall rely exclusively and solely
upon their own estimates, investigation, research, explorations, and other data which
are necessary for full and complete information upon which the Quote is to be based.
It is understood that the submission of a Quote is prima-facie evidence that the
Respondent has made the investigation and examinations herein required.Respondent
shall promptly notify City of all conflicts, errors, ambiguities, or discrepancies in or
between the Contract Documents and such other related documents. No Respondent
shall take advantage of any gross error or omission in the Contract Documents, and
the City shall be permitted to make such corrections or interpretations as may be
deemed necessary for fulfillment of the intent of the Contract Documents.
The submission of a Quote will constitute and incontrovertible representation by
Respondent that Respondent has: (1) Complied with every requirement of this RFQ;
(2)That without exception, the Quote is premised upon performing and implementing
the Work required by the Contract Documents and applying the specific means,
methods, techniques, sequences, or procedures of construction (if any) that may be
shown or indicated or expressly required by the Contract Documents; and, (3) That
Respondent has given all conflicts, errors, ambiguities, and discrepancies in the
Contract Documents and the written resolutions thereof by City are acceptable to
Respondent, and when said conflicts, etc., have not been resolved through the
interpretations of by City that Contract Documents are generally sufficient to indicate
and convey understanding of all terms and conditions for performing and furnishing
the Work.
PRE-SUBMISSION VIRTUAL ORIENTATION
Respondents should examine and carefully study the Contract Documents and visit
the sites to become familiar with the site conditions that may affect cost,progress,
performance or implementing the work.
Interested applicants may attend a Pre-Submission Virtual Orientation held
at the following time: DATE Thursday,March 17,2022
TIME 10:00 a.m.
zOOM Link will be provided in response to your Expression
of Interest email(see below)
CITY'S RIGHT TO ACCEPT OR REJECT QUOTES
City reserves the right to waive irregularities and to accept or reject Quotes.
AWARD
A contract will be awarded to the Respondent presenting the lowest price,qualifications and
competencies considered.
INQUIRIES
All inquiries relative to this Request for Quotes should be addressed to the following Email:
jconn(c—Dartscouncilfw.org
Copying:Angela James ajames(a,artsfortworth.org
EXPRESSION OF INTEREST
To ensure Respondents are kept up to date of any new information pertinent to this
project,as amended,as it may relate to this project,Respondents are requested to email
Expression of interest in this procurement to the Public Art Collection Manager at
jconn ,artsfortworth.org, subject titled Expression of Interest_Water Features. The
email should include the Respondent's company name, contact person, that
individual's email address and phone number. All Addenda will be distributed directly
to those who have expressed an interest in the procurement and will also be posted on
the Fort Worth Public Art website at https://fwpublicart.org_/.
SUBMITTAL DOCUMENT REQUIREMENTS& EVALUATION CRITERIA
Quote submissions marked "PUBLIC ART FOUNTAIN TREATMENT
SERVICES" must provide all requested information. Submissions must consist of
the following items in the proper form and by the deadline in order to be considered:
1) Letter of Interest—signed by a person authorized to bind the Applicant.
2) Firm Information — Organizational history, location of firm, and any
materials that support professional qualifications. Describe any litigation
that has occurred in the previous five(5)years.
3) Qualifications and Experience-Proof of experience, firm stability, firm
location, and history of performance on projects of a similar nature and
scope will be considered.
Please list at least three (3) successful projects within the past 36 months
and include, at a minimum: name of company or organization; contact
name; contact address; telephone number and email address; and project
description and services provided. References may be checked.
Respondent agrees that all information is accurate and current and
authorizes the Contract Manager to verify all information from these
references and releases the City and its representative from any liability in
connection with the information provided.
4) Quotes — Detail costs for standard hourly rates for specific services,
supplies and materials, markup policy, and any and all fees applicable.
5) Proof of Insurance —Vendor acknowledges that it has read and
understands the insurance requirements and understands that evidence of
required insurance must be submitted within fifteen (15) days following
request of the execution of the Vendor Services Agreement.
Submittals will be reviewed by a Review Committee composed of a representative of
the City of Fort Worth,the Public Art Collection Manager, and a representative of the
Fort Worth Art Commission.
Failure to provide the requested materials may result in a determination that the
Respondent is non-responsive.
The Contract Manager reserves the right to reject any or all Quotes, including without
limitation the rights to reject any or all nonconforming, nonresponsive, unbalances or
conditional Quotes and to reject the Quote of any Respondent if City believes that it
would not be in the best interest of the Project to make an award to that Respondent.
SCHEDULE FOR SELECTION PROCESS AND AWARD
The following is a tentative schedule for submission and selection (subject to change)
Pre-Submission Orientation Thursday, March 17, 2022
Deadline for Submission of Questions Monday, March 24,2022
Response to Questions Due Monday, March 28, 2020
RFQ Submittal Due Date Friday,April 1, 2022
Anticipated Selection Date Friday,April 8,2022
Contract Execution Friday, April 15, 2022 (anticipated)
All questions about the meaning of intent of the Contract Documents are to be
directed to Contract Manager in writing by email on or before 5:00 p.m.,
Thursday,March 24,2022.Questions received after this day and time will not receive
a response. Interpretations of clarifications considered necessary by City in response
to such questions will be issued by Addenda delivered to all parties recorded by City
as having received the Contract Documents. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarifications will
be without legal effect. Address questions to:
Jennifer Conn at jconn e,artsfortworth.org
copying;aiames@artsfortworth.org
ATTACHMENT A.1
ARTWORK-RUNNELS
3 71W
ytr rR -
4F L
Runnels (south fountain) k
Runnels (north fountain)
Runnels is comprised of two separate fountain installations, each located on opposite sides of the
entrance walkway adjacent to the front doors of the Deborah Beggs Moncrief Garden Center in
the Fort Worth Botanic Garden, located at 3220 Botanic Garden Boulevard, Fort Worth. TX,
76107.
The fountains are constructed of glazed, fired, stoneware with trough elements mounted onto
concrete supports that create a trough of"runnel" waterway.
Each fountain has an integral pool for the runnel water to terminate into. Each fountain c o n s i s is of
four runnel channels.
The fountains are operable year-round.
ATTACHMENT A.2
ARTWORK-EARTH FOUNTAIN
r
Ali
r d IbL
1 4
Earth Fountain Byers Green
Earth Fountain is a granite fountain installation in Byer's Green located at 4800 (Atitlp
Bowie, Fort Worth, TX 76107.
A splash basin surrounds the fountain and fitted granite panels with drainage holes a]Iow
for access to the basin and operating equipment, including the pump.
The fountain is operable year-round.
EXHIBIT B
VENDOR'S RATE AND FEE SCHEDULE
Project ID: Date:May 10,2022
Project Pricing:
Weekly pricing with agreement:
• Site visits,Once per week: (Price per visit) $ 240.00
• Sales Tax(If Applicable) $ 19.80
• Total: $ 259.80
• Annual Pricing(Price Per Year,Tax NOT Included) $ 12,480
Annual Deep Clean (Twice Annually) $5,000
Start Date: Once Agreement is
Approved and Signed. End Date: 1
Year from Signed Agreement
To enter into the care and maintenance agreement, please initial each page in the
lower right-hand corner indicating that you have read and agreed to all the languag
on the page,then sign and return one copy to GPSI at the address shown on the front
page.
ntra C• ctor:
Greenscape Pump Services:
Authorized By: Randy Hilton
(Printed name)
Title: General Mana r
Signature
Provide Care and Maintenance for two water features located in Fort Worth, TX. 3220 Botanic Garden
Blvd. Fort Worth, TX 76107
4800 Camp Bowie, Fort Worth, TX 76107
To Include: Two Architectural water features (Runnel Feature, Ball Feature).
Greenscape Pump Services, Inc. (GPSI) will provide the care and maintenance for the water eature
described above. Care and maintenance for this project shall be described as providing cleaning of the
water feature, inspection of the equipment, and adjusting the water quality as described belo .
Although repair services are not included in this agreement, we do offer repair services as the need
arises.
If the water feature being serviced is an interactive water feature,please note that the Texas
Department of State Health Services has multiple requirements of the owner in order to keep he water
feature within state compliance. Title 25 of Texas state code requires daily chemical adjustnients and
record keeping to be kept onsite that GPSI can provide at an additional cost. If opting out of his
additional service, the owner will be responsible for self-performing daily logs and chemical
adjustments to keep the interactive water feature within state compliance.
Inclusions:
❖ Once a week frequency for care and maintenance with report log.
❖ Visual inspection of the mechanical, electrical, and plumbing systems.
❖ Backwashing or cleaning of the filtration unit (if necessary).
❖ Cleaning the pump strainer and skimmers (if applicable).
❖ Adding and adjusting the chemicals to the water feature for proper water quality and balance—
chemicals are included in our price.
❖ Light vacuuming of feature as needed.
❖ Pressure and vacuum gauge monitoring.
❖ General housekeeping of the equipment space.
❖ Surface skimming and brushing of the water feature.
❖ Cleaning or backwashing of Y-strainer(if applicable).
❖ Visual inspection of secondary sanitation systems (if applicable).
❖ Check of control system and verification of system performance and timing.
❖ Two Annual Deep Cleans
Exclusions:
0 Repair or service work(to be performed as an additional service).
0 Deep cleans(to be performed as an additional service).
0 Additional maintenance beyond what is described above.
Additional services we can provide: (proposal provided upon request)
• Draining and refilling the water feature (provided in deep clean services).
• Nozzle cleaning and adjustment.
Removal of mineral or organic deposits from the water feature.
• Repair work of any kind such as: equipment replacement or repair/plumbing repair
• Replacement of wear and tear items, such as but not limited to: skimmer baskets, strainer ba kets, UV
bulbs, fountain lights, and cartridge filters.
• Service Calls available upon request.
EXHIBIT C
TEXAS SALES TAX AND LOCAL SALES TAX EXEMPTION CERTIFICATE
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Texas Sales and Use Tax Exemption Certification
This ca►dlfcafe does not iregrrxe a numbertb be YoW
6aM,A d pwah.�es,rim a.w+W r
My of Fort Worth,Texas
Addax(3k% eamwnaer.?.demerl#uornmW Phma .aaa..ndaa�.r1
200 Texas Street E17-M4 5'17
Cq,sane zlPcoee
Fort Worth,Texas M02
1,the purchaear nomad above,ck9m en ewnpke from payment of sales and un taws{for the ptxdmwo of b otable
!recta dascrbed below*con tits atladted order or invoice)from:
Seger AN%%ndm
$Uttt address Cllt,sh".ZIP bade'
Daaipi w of ft t to be pwdmO or on ft aftedwd oidw or irmke:
AD MM.P=haW that th' for
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Putd►eeer Drains tlda exempWn for Ow btaiwkv mum:
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!undsistaod that i rd•be Ie6Na for paxrrent of d alaas and locwl sales ar uee pamea wFdrfi nrr tteioorae dire tot lalltse b ooea�r+�
the prawW"of the Tax Cads m dW ar appticeble bw.
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NOTE: Ttds cwt h=bo camxg be issued for the purdoas,Woo or.— of a motor veWde.
ThVS CMRnN"Ti:DOES NOT REGLW A Nt XMM TD BEVALO.
Sates end Use Tsx'Exew#O=Numbers ar'Tax apt`Numbers do W caret.
This oerNFleate should be furnished to the sappow.
Do jW sond the con4ftbd esrdlicsts b the Con*b*Ner of Pulft Aaoounbe.
EXHIBIT D
AFFIDAVIT OF BILLS PAID
AFFIDAVIT OF BILLS PAID
Date:
i
Affiant(Artist):
Purchaser (City of Fort Worth):
Property (Artwork Site):
Affiant on oath swears that the following statement is true:
Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all
labor and materials provided to Affiant for the construction of any and all improvements
on the property. Affiant is not indebted to any person,firm, or corporation by reason
of any such construction. There are no claims pending for personal injury and/or
property damages.
Affiant(as listed in contract):
SUBSCRIBED AND SWORN TO before me,the undersigned authority, on this the
day of 20_.
Notary Public, State of Texas
Print Name
Commission Expires