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HomeMy WebLinkAboutContract 43339(Xy SWIVARY q 5, 60NTRpCT NO. CONTRACT FOR EXCLUSIVE ELECTRIC, PLUMBING, AND COMPRESSED AIR SERVICES AT THE FORT WORTH CONVENTION CENTER This Agreement is entered into this day of 2012, (the "Effective Date") by and between the CITY OFF RT WORTH, a home -rule municipal corporation situated in portions of Tarrant, Denton, and Wise Counties, Texas, acting by and through Susan Alanis, its duly authorized Assistant City Manager, and Ray Lamar Owens and Deborah Owens d/b/a Owens Service Company, (hereinafter referred to as "Contractor"), acting by and through Ray Owens, its duly authorized General Manager. WHEREAS, the Fort Worth Convention Center provides or makes available a multitude of services to meet the needs of both tenants and users of the facility; and WHEREAS, electric, plumbing, and compressed air services are an integral part of the success of the Fort Worth Convention Center. NOW, THEREFORE, in consideration of the covenants and agreements hereafter set forth, the parties hereto agree as follow: N 1. DEFINITIONS below: As used herein, the following terms will have the meaning ascribed to such term A. AGREEMENT: Means this agreement for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center between Contractor and City and includes all exhibits attached hereto. B. CONTRACTOR: Means and includes Ray Lamar Owens and Deborah Owens d/b/a Owens Service Company, and/or its members, managing members, officers, servants, managers, proprietors, directors, employees, representatives, agents, subsidiary organizations, parent organizations, successor entities, assigns, predecessors, stockholders, administrators, contractors, and related companies. C. CITY: Means and includes the City of Fort Worth, Texas and its officers, representatives, agents, and employees. D. DIRECTOR: Means and includes the Public Events Director of the City of Fort Worth, Texas or his/her authorized representative or designee. E. FWCC: Means and includes the facility known as the Fort Worth Convention Center located at 1201 Houston Street, Fort Worth, Texas 76102. F. GROSS RECEIPTS: Means and includes the total amount of money received or to be received by Contractor or by any agent, employee, or Contract for Exclusive Electric, Plumbing, and Compressed Air services at the Fort Worth Convention Center OFFICIAL RECORD I of 52 �• ■� CITY SECRETARY o!�--20-1 2 P 13:04 IN FT. WORTH, TX subcontractor from all sales, whether for cash or credit, whether collected or uncollected, made as a result of the service rights granted under the Agreement. G. PARTIES: Means and includes Contractor and City. 2. SCOPE OF SERVICES. 2.1. Contractor hereby agrees to provide exclusive electric, plumbing, and compressed air services at the FWCC for facility users in accordance the "Scope of Work" attached hereto as Exhibit A, the City's Request for Proposal (RFP), attached hereto as Exhibit B, and the Operator's Response to the City Request for Proposal (RFP Response), attached hereto as Exhibit C, all of which are incorporated herein for all purposes. 2.2 Upon request of the Director, Contractor shall deliver all data, reports, and documents to the Director that result from the services it provides pursuant to this Agreement within thirty (30) days. 2.3 The Director reserves the right to waive the exclusivity of this agreement for an event of overriding importance to the City. The importance of any event shall be determined at the sole discretion of the Director. 3. GENERAL DUTIES AND OBLIGATIONS 3.1 Contractor must, at its own expense, obtain and keep in force during the period of the Agreement all permits and licenses required by all laws and regulations of the State of Texas, County of Tarrant and the City. 3.2 Contractor shall also permit the Director to make periodic inspections of the operations of the Contractor as it relates to work and services at the FWCC. 3.3 Contractor shall supply all equipment that may be needed to fulfill the scope of services contained herein. 3.4 Contractor shall employ and compensate its own employees. Contractor represents that all of its employees and subcontractors who perform services under this Agreement shall be qualified and competent to perform the services required herein. Contractor's employees shall be neat and clean in appearance and courteous towards the patrons, public, and fellow employees. Contractor's employees will have limited access to the FWCC through designated entrances/exits during events. Any such employees observed in the FWCC at events that they are not working, will be asked to leave at the discretion of the Director. The Director reserves the right to forbid the employment of any individual considered unsatisfactory or that does not represent themselves in a manner acceptable by the Director. In the event Contractor does not provide sufficient personnel to service any event, City reserves the right to obtain additional personnel at the cost of the Contractor. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 2 of 52 4. TERM 4.1. Primary Term The primary term of this Agreement shall be for three (3) years from the Effective Date ("Primary Term") unless terminated earlier pursuant to the terms of this Agreement. Upon expiration of the Primary Term, Contractor agrees to hold over under the terms and conditions of this Agreement for such period of time as is reasonably necessary to obtain a replacement Contractor, provided such period shall not exceed 120 days. 4.2. Renewal Options In addition to the Primary Term, City may, at its sole discretion, renew this Agreement for up to three (3) additional, one-year terms on the same terms and conditions. In connection with any renewal, Contractor shall provide notice of its desire to renew the Primary Term of the Agreement at least one (1) year prior to the expiration date (as the same may from time -to -time be extended). The City will, within thirty (30) days from receipt of the notice to extend, notify Contractor if the term shall be extended for an additional one (1) year period. No notice shall otherwise be required to effect a termination by its own terms. Upon expiration of any of the renewal terms, Contractor agrees to hold over under the terms and conditions of this Agreement for such period of time as is reasonably necessary to obtain a replacement contractor, provided such period shall not exceed 120 days. 5. TERMINATION 5.1. City may terminate this Agreement for its own convenience or for cause in the event of a breach of this Agreement by Contractor, which breach is not cured within sixty (60) days after written notice thereof to Contractor, with the understanding that all services being performed under this Agreement shall cease upon the date specified in such notice. If the City terminates this Agreement for convenience pursuant to this section, the City shall pay Contractor for services actually and satisfactorily performed in accordance herewith prior to such termination, in accordance with a final statement submitted by Contractor documenting the performance of such work. 5.2. Contractor shall not be entitled to lost or anticipated profits in the event this Contract is terminated as provided for herein or in the event the City, in its sole discretion, decides not to exercise any option period. 5.3. Upon termination or expiration of this Agreement, Contractor shall not remove any property or equipment vital to the service provision until: 5.3.1. the ownership of the property is determined; and 5.3.2 the FWCC has time to replace or purchase the property or equipment to maintain the ability to provide the services contemplated herein. 5.4. Upon meeting the requirement of 5.3.1 and 5.3.2., Contractor, at its sole expense, shall remove from the FWCC all equipment and material that Contractor owns. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 3 of 52 5.5. Contractor recognizes that the services provided pursuant to this Agreement are vital to the City's efforts to provide electric, plumbing, and/or compressed air services; that continuity thereof must be maintained at a consistently high level without interruption; that upon expiration or earlier termination of this Agreement a successor may continue these services; that any successor contractor shall need phase - in training; and that Contractor must cooperate to effect an orderly and efficient transition. Contractor shall cooperate with a smooth, seamless transition and have a cooperative approach. There shall be no negative correspondence in Contractor's communications to licensees or exhibitors. 5.6. Contractor shall be required to provide phase -out services to its successor contractor for up to thirty (30) days prior to expiration of this Agreement at no charge to the City. Phase -out orientation shall comprise a minimum of 30 working days, 8 hours per day. Orientation may include, but not be limited to, system operations procedures, record keeping, reports, and procurement procedures, etc. Contractor shall be completely responsible for providing the services called for by the Agreement during the phase -out period. City agrees to work with Contractor to prevent disclosure of Contractor's trade secrets during the phase -out period. S. COMPENSATION. 6.1 In consideration of the exclusive nature of the electric, plumbing, and compressed air services to be provided under this Agreement, Contractor shall pay to the Director, on a regular monthly basis: Nineteen percent (19%) of gross receipts for the first $1.00 to $200,000 in fees generated from such services. Twenty-four percent (24%) of gross receipts for all other fees actually collected that exceed $200,000. 6.2 Payments shall be made no later than 30 days after the close of each month that this Agreement is in effect, including the last payment to be made at either termination or expiration of this Agreement. Upon request, a list of events will be made available. 6.3 Past due payments shall accrue interest at the rate of ten percent (10%) per annum. In the event City is required to initiate litigation to collect any sums due hereunder, Contractor agrees to pay court costs and reasonable attorney's fees. 7. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION,. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date, Contractor hereby agrees to immediately make full disclosure to the City in writing. Contractor, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 4 of 52 City. Contractor shall store and maintain the City's information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt the City's information in any way. Contractor shall notify the City immediately if the security or integrity of any of City's information has been compromised or is believed to have been compromised. 8. RIGHT TO AUDIT. Contractor shall maintain all books, documents, papers, and records, including, but not limited to, invoices, regarding operations at the FWCC. The Director may prescribe the form of records to be kept by Contractor in accordance with this provision. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of Contractor involving services relating to this Agreement at no additional cost to the City. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 9. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Contractor shall operate as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative, or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor 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, contractors and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. 10. LIABILITY, INDEMNIFICATION, AND RELEASE 10.1 Liability CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY, Contract for Exclusive Electric, Plumbing, and Compressed Alr Services at the Fort Worth Convention Center 5 of 52 INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S), ERRORS, OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF CONTRACTOR. 10.2 INDEMNITY CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS, MALFEASANCE, OR INTENTIONAL MIDSCONDUCT OF CONTRACTOR. 10.3 Release Contractor agrees to and shall release City from and against any and all liability for injury, death, damage, or loss to persons or property sustained or caused by Contractor in connection with or incidental to performance under this Agreement. 10.4 Release and Indemnitv by Contractor's Subcontractors Contractor shall require all of its contractors and subcontractors to include in their contracts and subcontracts a release and indemnity in favor of City in substantially the same form as above. 11. ASSIGNMENT AND SUBCONTRACTING. Contractor shall not assign or subcontract any of its duties, obligations, or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with Contractor referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor shall provide the City with a fully executed copy of any such subcontract. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 6 of 52 12. INSURANCE. Contractor shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 12.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $1,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Bodily injury per person $500,000 Bodily injury per person per occurrence $100,000 Property damage Coverage shall be on any vehicle used by Contractor, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee 12.2 Certificates. Certificates of Insurance evidencing that Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. All policies shall be endorsed to name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 7 of 52 requirement. Contractor is responsible for providing to the City a minimum of thirty (30) days notice of cancellation or reduction in limits of coverage. Ten (10) days notice shall be acceptable in the event of non- payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 13. COMPLIANCE WITH LAWS, ORDINANCES. RULES AND REGULATIONS. Contractor agrees to comply with all applicable federal, state, and local laws, ordinances, rules and regulations, including, but, not limited to, those rules and regulations established by the Director. If the City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. 14. NON-DISCRIMINATION COVENANT. Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any Individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Contractor, its personal representatives, assigns, subcontractors or successors In Interest, Contractor agrees to assume such liability and to INDEMNIFY AND DEFEND the City and hold the City harmless from such claim. 16. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To The CITY: City of Fort Worth Public Events Department Fort Worth Convention Center 1201 Houston Street Fort Worth TX 76102 Facsimile: (817) 392-2756 With Copy to: City of Fort Worth Department of Law Attn: Attorney for Public Events 1000 Throckmorton Fort Worth, Texas 76102 Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center To CONTRACTOR: General Manager Owens Service Company P.O. Box 689 Kemp, TX 75143 8of52 16. SOLICITATION OF EMPLOYEES. Neither the City nor Contractor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this agreement, without the prior written consent of the person's employer. 17. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 18. NO WAIVER. The failure of the City or Contractor 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 the City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 19. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of 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. 20. 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. 21. FORCE MAJEURE. City and Contractor 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 (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 9 of 52 22. WORK STOPPAGE / STRIKES CONTRACTOR WAIVES ANY CLAIM IT MAY HAVE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE TERMINATION OF THIS AGREEMENT DUE TO WORK STOPPAGE OR STRIKE. Contractor is not relieved from performing its obligations under this Contract due to a strike or work slowdown of its employees. Contractor shall employ only fully trained and qualified personnel during a strike. 23. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 24. 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 hereto. 26. AMENDMENTS / MODIFICATIONS / EXTENSIONS. No extension, modification, or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 26. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Contractor, 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. 27. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 28. INVALIDITY OF PROVISIONS. It is agreed that, in the event any covenant, condition, or provision herein contained is held to be invalid by any court of competent Jurisdiction, the invalidity of such covenant, condition, or provision shall in no way affect any Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 10 of 52 other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition, or provision does not materially prejudice either Contractor or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 29. PUBLIC INFORMATION ACT CLAUSE. Contractor understands and acknowledges that City is a public entity under the laws of the State of Texas and as such, all documents held by City are subject to disclosure under Chapter 552 of the Texas Government Code. Contractor shall clearly indicate to City what information it deems proprietary. If City is required to disclose any documents that may reveal any of Contractor's Proprietary Information to third parties under the Texas Government Code, or by any other legal process, law, rule or judicial order by a court of competent jurisdiction, City will notify Contractor prior to disclosure of such documents, and give Contractor the opportunity to submit reasons for objections to disclosure. The City agrees to restrict access to Contractor's information to those persons within its organization who have a need to know for purposes of management of this Agreement. The City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. The City will use its best efforts to secure and protect Company's information in the same manner and to the same degree it protects its own proprietary information; however, City does not guarantee that any information deemed proprietary by Contractor will be protected from public disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of three (3) years after the expiration of this Agreement. 30. OTHER REMEDIES. Any termination of this Agreement as provided in this Article will not relieve Contractor from paying any sum or sums due and payable to City under the Agreement at the time of termination, or any claim for damages then or previously accruing against Contractor under this Agreement.. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Contractor for any default under the Agreement. All City's rights, options, and remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. 31. FISCAL FUNDING. As to City's performance of the obligations in this Agreement, Contractor acknowledges and agrees that City is a governmental entity, and because of statutory, constitutional, and City Charter provisions, it cannot commit to the funding of City's obligations described herein beyond each fiscal year. Therefore, the funding obligations of City described herein are subject to and conditioned upon the Fort Worth City Council appropriating for each fiscal year sufficient funds to satisfy such obligations. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 11 of 52 32. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 33. TAXES AND FEES. Contractor covenants and agrees to pay promptly all lawful general taxes, special -assessments, excises, license fees, and permit fees that arise solely on account of Contractor's operation in the FWCC and take out and keep current all licenses, municipal, state, or federal, required covenants and agrees not to permit any of said taxes, assessments, excises, fees, or charges to become delinquent. 34. ORDER OF PRECEDENCE. In the event of a conflict between (1) Sections 1-34 herein (including Exhibit A — Scope of Work), (2) the RFP (Exhibit B), and (3) the RFP Response (Exhibit C), Sections 1-34 shall control over the RFP, and the RFP shall control over the RFP Response. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Contract for Exclusive Electric, Plumbing, and 12 of 52 Compressed Air Services at the Fort Worth Convention Center IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date. CITY OF FORT WORTH: By: Ousk Alanis ssis ant City Manager ATTEST: By: RAY LAMAR OWENS AND DEBORAH OWENS D/B/A OWENS SERVICE COMPANY: By: ;PX1 Njv� Ray Ovbens b =:4t7 , General Manager APPROVED AS TO FORM AND LEGALITY: By: Tyler F.�>allach Assistant City Attorney CONTRACT AUTHORIZATION: M&C: ('- eSlPs-3 Date Approved: -_7-7 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract for Exclusive Electric, Plumbing, and 3 of 52 Compressed Air Services at the Fort Worth Convention Center EXHIBIT A SCOPE OF WORK For ELECTRIC, PLUMBING, AND COMPRESSED AIR SERVICES AT THE FORT WORTH CONVENTION CENTER Contractor will have exclusive rights to all electric, plumbing and compressed air points for various public events, meetings, and trade shows utilizing the FWCC. Contractor will have exclusive rights to use the electric, plumbing, and compressed air points that have been established at the FWCC for electric, plumbing, and compressed air purposes. Contractor shall have the exclusive right to refuse to connect equipment that exceeds the building specifications or that Contractor deems to be unsafe. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 14 of 52 Exhibit B Request for Proposal Folmr WNTLH, PURCHASING DIVISION REQUEST FOR PROPOSALS (RFP) for ELECTRIC, PLUMBING, AND COMPRESSED AIR SERVICE FOR THE FORT WORTH CONVENTION CENTER AND ELECTRIC SERVICE FOR THE WILL ROGERS MEMORIAL CENTER RFP No. 12-0107 Issued: February 15, 2011 PROPOSAL SUBMISSION DEADLINE: ******March 15. 2012 by 1:30PM Local Time ******* NO LATE PROPOSALS WILL BE ACCEPTED RESPONSES SHALL BE DELIVERED TO: RESPONSES SHALL BE MAILED TO: CITY OF FORT WORTH PURCHASING DIVISION CITY OF FORT WORTH PURCHASING LOWER LEVEL DIVISION 1000 THROCKMORTON STREET LOWER LEVEL FORT WORTH, TEXAS 76102 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 A Pre -proposal Conference will be held on Wednesday, February 22, 2012 at 2:00 PM in meeting room 101, at the Fort Worth Convention Center, 1201 Houston Street, Fort Worth, Texas 76102. ********************************************************** FOR ADDITIONAL INFORMATION REGARDING THIS RFP PLEASE CONTACT: James Rodriguez, Contract Compliance Specialist James.Rodriguez@fortworthgov.org *********************************************** RETURN THIS COVER SHEET WITH RESPONSE TO: James Rodriguez Contract Compliance Specialist — Purchasing Financial Management Services Department Acknowledgment of Addenda: #1 #2 NAME AND ADDRESS OF COMPANY SUBMITTING PROPOSAL: Proposer: Address: City: Zip Code: Contact Person: Phone: Fax: E-mail: Signature: Printed Name: F.13'M State: #5 Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 15 of 52 Request for Proposals The City of Fort Worth ("City") is requesting proposals ("Proposals" or "Proposal") from prospective contractors ("Proposers") to serve as the exclusive provider of electric, plumbing and compressed air services at the Fort Worth Convention Center ("FWCC") and/or electric distribution service for the Will Rogers Memorial Center ("WRMC") (the FWCC and WRMC are collectively referred to as the "Facilities"). The successful proposer(s) will enter into a written agreement with the City to provide exclusive electric, plumbing, and compressed air service at the FWCC and/or electric distribution service for the WRMC for various public events, meetings and trade shows utilizing the Facilities. It is the desire of the City to award a single contract to one vendor for both of the listed facilities. The City reserves the right to award one facility to one vendor and the other facility to a different vendor. The terms of any resulting contract(s) will be for three (3) years, commencing on or about June 20, 2012 and may be terminated by the City at any time without penalty or cause. The City, in its sole discretion, may choose to exercise three optional one year extensions after expiration of the initial term. Renewal options will be exercised no later than 120 days prior to the expiration of the term that is in effect. Respondents must demonstrate capability and experience in providing electric, plumbing and compressed air services. 1.0 SUBMISSION OF PROPOSALS 1.1 One (1) original, seven (7) copies, and one (1) CD or (1) flash drive of all Proposal documents shall be submitted in sealed packages to the address provided for in section 1.2. The Proposer's name and address should be marked on the outside of the envelope. Facsimile transmittals or offers communicated by telephone will not be accepted or considered. Proposal information that is not submitted in sealed packages will not be considered. 1.2 Mail or Deliver Responses to the Followina Address: City of Fort Worth Purchasing Division 1000 Throckmorton Street, Lower Level Fort Worth, Texas 76102 2.0 DELIVERY OF PROPOSALS Proposals must be received in the City's Purchasing Division no later than 1:30 p.m., March 15, 2012. The submitting Proposer is responsible for the means of delivering the proposals to the location listed in paragraph 1.2 on time. Delays due to any instrumentality used to transmit the Proposals including, but not limited to, delay occasioned by the Proposer or the City of Fort Worth's internal mailing system will be the responsibility of the Proposer. Proposals must be completed and delivered in sufficient time to avoid disqualification for lateness due to difficulties in delivery. The time and date stamp clock in City's Purchasing Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 16 of 52 Division is the official clock for determining whether submittals are submitted timely. Late Proposal documents will not be accepted under any circumstances. 3.0 CONFIDENTIAL, PROPRIETARY OR TRADE -SECRET INFORMATION 3.1 Any submittals, including all attachments, including rejected submittals, are public information and are subject to the Texas Open Records Act and Federal Freedom of Information Act. 3.2 If the Proposer does not desire to allow public disclosure of confidential, proprietary, or trade -secret information contained in its Proposal, then it must identify and label all such information in the Proposal by conspicuously marking each individual page as "Confidential," "Proprietary," and/or "Trade Secret" on which such information is found. Proposer hereby agrees to allow the City to release all information contained in its Proposal documents that are not marked as "Confidential," "Proprietary," and/or "Trade Secret." 3.3 Proposer's are advised that the City, to the extent permitted by law, will protect the confidentiality of their Proposals. Proposer shall consider the implications of the Texas Public Information Act, particularly after this Request for Proposal (RFP) process has ceased and any agreement has been awarded. While there are provisions in the Texas Public Information Act to protect third -party information, where the Proposer can meet certain evidentiary standards, please be advised that a determination on whether those standards have been met will not be decided by the City of Fort Worth, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the Proposer, who may then request an opinion from the Attorney General pursuant to 552.305, Texas Government Code. The City will not make a request of the Attorney General. 4.0 COMPLETION OF RESPONSES 4.1 Information presented in the Proposals will be used to evaluate the professional qualifications of the Proposer(s) and to determine the Proposer(s) that will be selected to provide professional services to the City. 4.2 Responses shall be completed in accordance with the requirements of this RFP. Statements made by a Proposer shall be without ambiguity, and with adequate elaboration, where necessary, for clear understanding. 4.3 Proposals shall be limited to a maximum of twenty (20) 8-1/2" X 11" pages (one side only and including cover letter) using a font size no smaller than 11 point and one inch margins. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 17 of 52 5.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA 5.1 Any explanation, clarification, or interpretation desired by a Proposer regarding any part of this RFP must be requested from James Rodriguez, Contract Compliance Specialist, at least fifteen (15) days prior to the published submission deadline, as referenced in Section 2.0 of this RFP. A request for clarification shall not allow for the alteration of a Proposer's pricing information contained in its cost proposal. 5.2 If the City, in its sole discretion, determines that a clarification is required, such clarification shall be issued in writing. Interpretations, corrections or changes to the RFP made in any other manner other than writing are not binding upon the City, and Proposers shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 5.3 Requests for explanations or clarifications may be faxed to the City of Fort Worth at (817) 392-8440 or emailed to iames.rodriauez( fortworthaov.orq. Emails and Faxes must clearly identify the RFP Number and Title. 5.4 Any interpretations, corrections or changes to this RFP will be made by addendum. Sole issuing authority of addenda shall be vested in the City of Fort Worth Purchasing Division. Proposers shall acknowledge receipt of all addenda within the responses. 6.0 WITHDRAWAL OF PROPOSALS A representative of the Proposer may withdraw a Proposal at any time prior to the RFP submission deadline, upon presentation of acceptable identification as a representative of such company. 7.0 AWARD OF CONTRACT 7.1 It is understood that the City reserves the right to accept or reject any and all Proposals and to re -solicit for Proposals, as it shall deem to be in the best interests of the City of Fort Worth. Receipt and consideration of any Proposals shall under no circumstances obligate the City of Fort Worth to accept any Proposals. If an award of contract is made, it shall be made to the responsible Proposer whose Proposal is determined to be the best evaluated offer taking into consideration the relative importance of the evaluation factors set forth in the RFP. 7.2 The City reserves the right to award a single contract or multiple contracts. 7.3 Tentative Schedule of Events RFP Release Date February 15, 2012 Pre -Proposal Conference February 22, 2012 Deadline for Questions February 24, 2012, 5:00 PM (Local Time) Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 18 of 52 Proposals Due Date Proposal Selection Contract Negotiations Mayor and Council Notice to Proceed 8.0 PERIOD OF ACCEPTANCE March 15, 2012, by 1:30 PM (Local Time) March 16, 2012 through March 30, 2012 April 2, 2012 through April 16, 2012 May 8, 2012 May 10, 2012 Proposer acknowledges that by submitting the Proposal, Proposer makes an offer that, if accepted in whole or part by the City, constitutes a valid and binding contract as to any and all items accepted in writing by the City. The period of acceptance of proposals is one hundred and eighty (180) calendar days from the date of opening, unless the Proposer notes a different period. 9.0 TAX EXEMPTION The City of Fort Worth is exempt from Federal Excise and State Sale Tax; therefore, tax must not be included in any contract that may be awarded from this RFP. 10.0 COST INCURRED IN RESPONDING All costs directly or indirectly related to preparation of a response to the RFP or any oral presentation required to supplement and/or clarify Proposals that may be required by the City shall be the sole responsibility of and shall be borne by the participating Proposers. 11.0 NEGOTIATIONS The City reserves the right to negotiate all elements that comprise the successful Proposals to ensure that the best possible consideration be afforded to all concerned. 12.0 CONTRACT INCORPORATION The contract documents shall include the RFP, the Response to the RFP and such other terms and conditions as set forth in the Attachment B, Professional Services Agreement. 13.0 NON -ENDORSEMENT If a Proposal is accepted, the successful Proposer shall not issue any news releases or other statements pertaining to the award or servicing of the agreement that state or imply the City of Fort Worth's endorsement of the successful Proposer's services. 14.0 UNAUTHORIZED COMMUNICATIONS After release of this solicitation, Proposer's contact regarding this RFP with members of the RFP evaluation, interview or selection panels, employees of the Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 19 of 52 City or officials of the City other than the Purchasing Manager, the Minority and Women Business Enterprise (M/WBE) Office, or as otherwise indicated is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Proposer shall have any contact or discussion, verbal or written, with any members of the City Council, members of the RFP evaluation, interview, or selection panels, City staff or City's Proposer(s), or directly or indirectly through others, seek to influence any City Council member, City staff, or City's Proposer(s)s regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any Proposer violates the foregoing prohibition by contacting any of the above listed parties with whom contact is not authorized, such contact may result in the Proposer being disqualified from the procurement process. Any oral communications are considered unofficial and non -binding with regard to this RFP. 15.0 PROPOSAL EVALUATION PROCESS 15.1 The City's evaluation panel will review all responsive submittals and select the best evaluated proposals for further interview. 15.2 The City anticipates selecting the Proposer(s) that will be recommended to the City Council for award of a contract to provide various professional services to the City of Fort Worth. 16.0 PROPOSAL EVALUATION FACTORS 16.1 In order to qualify for the award of any contract, Proposers must meet or exceed and will be evaluated on the following minimum qualifications. The qualifications as set forth herein are designed to establish an experienced criteria demonstrating the Proposer's capability to provide electric, plumbing, and compressed air service in a large multi purpose/equestrian and/or convention facility. 16.1.1 Previous experience in providing electrical, plumbing and compressed air service at other similar facilities comparable in size and function. 15 points available 16.1.2 Responsiveness to the RFP, Scope of Work, and proposed commission structure. Please provide combined commission rates for the Facilities and singularly for either the WRMC or FWCC. 15 points available 16.1.3 Personnel qualifications of staff to be assigned to the project. 15 points available 16.1.4 Total cost to either or both facility users, BEST VALUE. Please provide detailed rate sheets for review and evaluation. 30 points available Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 20 of 52 16.1.5 Ability to begin operation no later than the requested commencement date of the contract. 15 points available 16.1.6 Available resources to provide electric, plumbing, and compressed air services to facility users. 10 points available 16.2 To provide information with regard to these minimum qualifications, Proposer must submit the following to James Rodriguez, Contract Compliance Specialist, no later than March 15, 2012. 16.2.1 Proposer shall submit the following evidence in the form of an affidavit: Proposer has recent experience (within the immediate five-year period) in operating similar electric, plumbing, and compressed air services in a major place of public assembly, such as a large multi-purpose/equestrian and/or convention facility similar to the FWCC and/or WRMC that has multi -purpose facilities, including exhibition halls, arena with a capacity of at least five thousand (5,000) persons, theater, ballroom, and various -sized meeting rooms, and citing the number of years and the locations at which such services were provided. 16.2.2 Proposer shall further certify that he or she has the ability to begin full operation no later than June 20, 2012. 16.2.3 Proposer must submit a current financial statement, which shall not to be older than one (1) year after the close of the most recent accounting period. The statement must be prepared by a certified public accountant. In addition, Proposer must submit financial statements for each of the three (3) years preceding the most current statement. 16.2.4 Literature, brochures, and other visual materials the Proposer deems useful in determining the operating experience and business reputation of the Proposer and its ability to begin operations is acceptable. 17.0 GENERAL PROVISIONS The successful Proposer may not assign its rights or duties under an award without the prior written consent of the City of Fort Worth. Such consent shall not relieve the assignor of liability in the event of default by its assignee. 17.1 ERRORS OR OMISSIONS The Proposer will not be allowed to take advantage of any errors or omissions in this RFP. Where errors or omissions appear in this RFP, the Proposer shall promptly notify the City of Fort Worth Purchasing Division in writing of such error or omission it discovers. Any significant errors, omissions or inconsistencies in this RFP are to be reported no later than ten (10) days before time for the RFP response is to be submitted. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 21 of 52 17.2 TERMINATION 17.2.1 If this award results in a contract, it shall remain in effect until contract expires, delivery and acceptance of products and/or performance of services ordered or terminated by the City with a thirty (30) day written notice prior to cancellation. In the event of termination, the City of Fort Worth reserves the right to award a contract to next lowest and best Proposer as it deems to be in the best interest of the City of Fort Worth. 17.2.2 Further, the City of Fort Worth may cancel this contract without expense to the City in the event that funds have not been appropriated for expenditures under this contract. The City of Fort Worth will return any delivered but unpaid goods in normal condition to the successful Proposer ("Consultant"). 17.3 TERMINATION, REMEDIES. AND CANCELLATION Right to Assurance. Whenever the City has reason to question the successful Consultant's intent to perform, the City may demand that the successful Consultant(s) give written assurance of successful Consultant's intent to perform. In the event a demand is made, and no assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the contract. 17.4 CONFLICT OF INTEREST No public official shall have interest in this contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter 171. 17.5 INSURANCE The successful Proposer ("Consultant") shall carry insurance in the types and amounts for the duration of this agreement as listed in the Agreement, Attachment B to this RFP, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 17.6 CONTRACT CONSTRAINTS AND CONDITIONS 17.6.1 All services shall be provided in accordance with applicable requirements and ordinances of the City of Fort Worth, the State of Texas, and applicable federal laws. 17.6.2The Contract(s) awarded from this RFP shall be executed for a three year initial term with three (3) one-year options to renew at the City's sole discretion. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 22 of 52 18.0 RESPONSE FORMAT The items listed herein shall be submitted with each Proposal and should be submitted in the order shown. Each section should be clearly labeled, numbered, and separated by tabs, e.g., 18.1 Management Summary, 18.2 Business Plan, 18.3 Income, etc. Failure by a Proposer to include all listed items may result in the rejection of its Proposal. All documents submitted by Proposer to City in response to this RFP shall become property of the City upon receipt, including, but, not limited to, all reports, charts, schedules, or other appended documentation to any Proposal, content of basic proposal, agreements, and any responses, inquiries, correspondence, and related material submitted by Proposer. Proposer shall submit the following items with its Proposal: 18.1 Manacement Summary — Provide a cover letter indicating the business concept of your firm in providing exclusive electric, plumbing, and compressed air services to the FWCC and/or WRMC. 18.2 Business Plan 18.2.1 A resume of the experience, education, and performance record in the electric, plumbing, and compressed air services business of the proposed full-time resident manager, supervisors, and any other full-time personnel proposed to be assigned to the facilities 18.2.2 Detailed plan of approach (including, but not limited to, major tasks and sub -tasks). Include proposed detailed pricing structure for all services provided. 18.3 Income to the Citv 18.3.1 Provide commission percentage to be paid to the City on all gross receipts for services provided at each individual facility as well as a commission percentage to be paid on the Facilities combined. 18A Proposed Equipment and Infrastructure — Provide a detailed listing of all proposed equipment 18.5 Corporate Experience and Capacity 18.5.1 Provide information that documents the firm's qualifications to produce the required outcomes, including, but not limited to, its ability, capacity, skill, and financial strength. 18.5.2 A detailed description of public or private facilities currently being served by Proposer most similar in scope to the FWCC and/or WRMC. Must include references. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 23 of 52 18.6 Acceptance of Conditions - Indicate any exceptions to the standard terms and conditions of the RFP and to insurance requirements and other requirements listed in the RFP. 19.0 SCOPE OF WORK AND EXPECTATIONS The successful Proposer(s), hereinafter "Contractor," at a minimum, must achieve and maintain the performance outcomes listed below, consistent with acceptable standards otherwise agreed to through an agreement resulting from this RFP. Contractor may also propose to achieve additional performance outcomes beyond those minimally required. 19.1 General Scope 19.1.1 The City will enter into an agreement with the best evaluated Contractor(s) to provide exclusive electric, plumbing, and compressed air distribution services at the FWCC and/or electric service distribution at the WRMC to facility users. The Contractor will have exclusive rights to all electric, plumbing and compressed air points for various public events, meetings, and trade shows utilizing the FWCC, WRMC, and WRMC RV lots. However, the Director reserves the right to waive the exclusivity of this agreement for an event of overriding importance to the City. This agreement does not include the exclusive rights for permanent facility repairs and improvements. 19.1.2 SPECIAL CONDITION: During the period of time the WRMC is leased to and used by the annual Southwestern Exposition and Livestock Show, (herein referred to as the "Stock Show") all electric service riqhts will be granted to the Stock Show. The Stock Show will have full authority to enter into contracts with vendors for various services during their lease of the WRMC. 19.1.3 The Contractor shall employ and compensate his / her own employees. The Proposer's employees shall be neat and clean in appearance and courteous towards the patrons, public and fellow employees. 19.1.4 The Contractor must, at his / her own expense, obtain and keep in force during the period of the agreement all permits and licenses required by all laws and regulations of the State of Texas, County of Tarrant and the City of Fort Worth. 19.1.5 The Contractor shall collect and promptly disperse all taxes required by Federal, State and local authorities and shall pay any applicable taxes relating to operations at the facility. 19.1.6 The Contractor shall maintain all records / invoices etc. regarding operations at the facility. The Director may prescribe the form of records to be kept by the Contractor in accordance with this Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 24 of 52 provision. Contractor shall on reasonable demand, make available to Director, all records, books of accounts and statements maintained with respect to operations at the facility. 19.1.7 The Contractor shall also permit designated agents of the Director to make periodic inspections of the operations of the Contractor as it relates to work in the facility. 19.1.8 The Contractor shall supply all equipment needed to fulfill the scope of services contained herein. CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.DO- If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 25 of 52 ATTACHMENT A CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 Date Received of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person doing business with local governmental entity. 2, heck this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4. Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 26 of 52 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5. Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ❑ Yes ❑ No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? ❑ Yes ❑ No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? ❑ Yes ❑ No D. Describe each affiliation or business relationship. 6. Describe any other affiliation or business relationship that might cause a conflict of interest. 7. Signature of person doing business with the governmental entity Date Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 27 of 52 FORT MRTH ww� CONW"ON CMNTM Fern UvellGmund *04" rpWarui ra,,arur vmni iraea 4s raauaar faaw raa v�zniurt nezaaarrr �warym names w� aue muorn Data r�c,unn ■y,sao're�r A—" ATTACHMENT C CO• ST"XT 1 19 N - O "- N—A ��e _ a ll► Sccond Ixvd ea�aana� Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 28 of 52 A 1�llfWG�t rur�an rrar r —+ wn A I ATTACHMENT D BALLROOM Bdmm 28,160 128'x220' 1,656 1.656 2816 2,008 828 150 Ba mon A 8,192 l28' x 64" 480 480 819 584 240 45 Ballroom B 17,776 128' s 9Q 672 672 1,152 no 336 60 Bdmm C 81192 128' x 64' 480 480 819 584 240 45 TaM top crbibits ox& permitted on Bags m LnW C-ding begot 23 f4 MEETING ROOMS 100 Z156 .� 101 11508 t 102 Z,210 7 103 w Bl Z,160 •,- 103 1,080 B 1,080 LUG¢ L,d40 Im dl¢ 200 : 11i11 201 A. a. ;AIA LEkjS 201E L.7613 T1YIc 1,56G 3U(A_B.1_Dj %671r 11Id1 1.f15G 1740 IA50 1,566 to-ov 49'x44' 22' 144 1" 220 152 72 58' z 26' I C 88 88 1.50 104 44 85'x26' 1e 128 129 221 156 64 90' x 24' le 120 120 216 152 60 45' x 24' 14' 56 56 108 76 32 45' x 24' 14, 56 56 108 76 32 6 x 24' 14' -40 &1 Ii4 _ _lOq 40 �') s;] 14' J5 on Rt 56 U 54' x 57 16' J 61) NCO 11iL5 2OD BU w ci8 i8- 3LIQ 304 516 !6GIr M. 3:' mill' i.%' )N 1114 1.E6 136 i? 3aK%, IA' Ir" [1Sa 174 IIA 441 3" x 53 18' 88 118 154 lag -k4 it5'xw IV '-,Nn 3y2- b67 f76 lI►a 112'riff IS' I.LI IN1 tws 136 #3 id. s w 1i1' LEK 1(9 1714 11a 6# 25' s 58' 4 me 5E, I45 11�00 r�0y M' i 5 F5 `I6 96 1_, 4V9 YA v1` 4 ' a' mina � 114 5& rT* 7'� 3T'3F, 1 ila rJ S,f JW 119' — li4 r; fJS iP 20MLvfingRw= JAY49sg.ft PRUUNCMON SPACE IIIIVIIIIIIV1111111111J 1[111Vllidm11l 11 I,IIIIIIIVIIWWVY�IYVV�WYYWWYwWrYrrYYIIrI�Wllll FII LEVEL lITH 17188r LOS" 2.350 Si I2TH sri=T Lon" 1,975 SE 13TH 9MIrr I036Y 2,450 S MUM GCIBBi gmcow amccuass 16,975 sw SOITrI49 M Coma 2.r7S sP SECOND LEVEL P 770" 4441) st aovrHvmar CORI 2475 n NALAXO ul Ins" 7MG ar Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 29 of 52 ATTACHMENT E EXHIBIT HALL Examm HALL 182,266 6587 x 27T 780 Exhibit RA A 56309 204'x 277' 3.288 3288 5A110 4,000 1,644 290 Exhibit Hall B 27,700 100'x 277' 1,464 1 A64 21500 1,784 732 124 Exhibit HA c 22.160 W x 277' 1.464 1 A64 2600 1,784 732 124 Exhibit Hag D 27,700 IW it 277' 1,464 IA64 21500 1,784 732 124 Exhibit Hag E 22,160 W x 277' 1,464 1 A64 2,500 1,794 732 124 Exhibit Hag F 26,038 94'x 277' 1,464 1 A64 2,500 1,784 732 124 221 DOOR HUCfM ANDMUMS Door 6* 14'6" I 4' D" 5. (order) 19' 22, Dow V (inner) 19, 22' Dow 4 19, 22' Dow r Is, 16' Daw 1* 14'6' 13*6" Dock Dom 1 IV to, 'D,i,y - In Doors Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 30 of 52 ATTACHMENT F WILL ROGERS MEMORIAL CENTER - 301 %a laid.+Fen wwk T-70V.317) 944 Wo (70A" • s®#11n M elm man aww" ?. " INN�P"iW�k+NNMoWiNNi NHWl4.1#1 Qa� arstw sriw n�; — �o ®waacs a.aman Mu. ® aaassn sttaaa coati. a o7snyaed�n . _ � < �}ry.i7{ fi�{hhkHd18, fHNH�H9NN4sN.% =�_i„amr tr#N'NHi++IWt W Au-NR� �kN4ddili i smmrasnsomsnni *ka.ai.�va-soisr�,x� r^{ } "Mm 1110 M1i efYat iOAi[CilfflO �'" �! h•(+Nftk�ai �}" � aKmnca iis@ ibNrmRs� j} S Yd's+,k tWNnmbfiY OWir11�A5i 6NiRR'ff YMIMM. 1iRa1(Rl iftZs...��n.ia I,r {¢(d{P� yEyifAN1?6 4 I mAMds#w, • ttlbp � {(f(�'HFIiFemersrte n�{il( �' z } . d1sL 6 eew `�i iuwaaeiu=�++ me 1 4 Q I+ATS l tPrS N15T M01t i { � { r tkP,ReII wgh�c.mYd 3 i �'}}'j' 4- t����1 q • "'"'� '� � ,p 37iw.wrow i9'.3m'a�,ad wai�#n �m ^L+ 4n.aMbiircMMrt.,rivr tPS'"".7•'.e:'r„R"72�i ari csar,aM 14 3-L:A.fx :.11l 3�IA7 ��t� � @xt96111 iqM �uyM- (C"",,,- o 1 � � ®Wtlai�a0aR1l1 wl8wi yy�� ri✓�y���w µpt � 713A%R �e�.o.� 11 CE_ t j�w�e �� k[` j{{ �111�iAGCi LlIB E �� �.yt �te�..�, L��"���f # .._......_ R�Yaat•1Cwta E � s �;�t asset atl�, tadnw �aavn w" murf�..su�.,a as .mow � CgcMb�fiGtwmwr'vsx-3Yv Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 31 of 52 1 3 4 ATTACHMENT G .rI �3 I I fl�. 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An C Qdw Jr. Extbib %A tttUpb=.1*AW*q.tz arr*, amna l Pn= - 4,4W sq.1L nm% opSOS =a Spa fh - • WO tq R impab 4PWO 6 WK#Mdwm -ftm taw dw M.OW sq. & m prtrmw t W x IIY q&S Awd m./r ym# UmShar a N MFOD d wXIwapoebe 34 atplt aa+S Jam down Alva -1IV x 2w dhk*M m xd Solt IA04 pmmw*ft wu Je L d 6woe W&AAc - 2V x W cOM aart aftd Sores 60 f—m m tlWwbW4A* OOM% 6 S�u�h i KR �lmlfeeisi � , 6K aeftOw tw" ampwftkr2dQ#oAwbIw to'xto!#^ 11D X I Md dpwa 2,lt11S4R.adi�ttptot,tslmrP�tcrutfUo11.G , �m Thm oa I roowK t*nrCtt lld stP-wMaI t 1QDht dOp t iarg4gatlN dtrN�Mr i Lilumstock Omm �y�t e�tnotr�rd buillApY Ca�Y� ffirawt tACd �ItArt otprilw nwr�Od pdet�ii t Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 32 of 52 Exhibit C Response to Request for Proposal FORT WORTH PURCHASING DIVISION REQUEST FOR PROPOSALS (RFP) PLUMBING. for jy�F� FOR THE FORT WORTH CONVtNTN 'J� CENTE� AND ELECTRIC SERVICE FOR THE ILL ROGERS MEMORIAL CENTER p No. 12-0107 Issued: February 15, 2011 PROPOSAL SUBMISSION DEADLINE: *****March 25. 2012 by 1:30PM Local Time***** NO LATE PROPOSALS WILL BE ACCEPTED RESPONSES SHALL BE DELIVERED TO: RESPONSES SHALL BE MAILED TO: CITY OF FORT WORTH PURCHASING DIVISION LOWER LEVEL CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON STREET LOWER LEVEL FORT WORTH, TEXAS 76102 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 NAME AND ADDRESS OF A Pre -proposal Conference will be held on COMPANY SUBMITTING Wednesday, February 22, 2012 at 2:00 PM in PROPOSAL: meeting room 101, at the Fort Worth Convention Center, 1201 Houston Street, Fort Worth, Texas 76102. Proposer: Owens Service Company Address: P.O. Box 689 City: Kemp State: Texas Zip Code: 75143 FOR ADDITIONAL INFORMATION REGARDING Contact Person: Ray Owens THIS RFP PLEASE CONTACT: James Rodriguez, Contract Compliance Specialist Phone: 903-498-7635 James. RodriguezQfortworthgov:org .................. Fax. 903 4983699 RETURN THIS COVER SHEET WITH E-mail: roWerts1071(p_owensSeMcecoMpOny.com RESPONSE TO: n,„ Signature: WYv"`'� ,. James Rodriguez Printed Name: y Owens Contract Compliance Specialist - Purchasing Financial Management Services Department Acknowledgement of Addenda: #1 #2 #3 #4 #5 Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 33 of 52 OWENS SERVICE COMPANY 18.1 Management Summary Business Concept Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 34 of 52 Owens Service Company P.O. Box 689 Kemp, TX 75143 www.owensservicecomDanv.com 903-498-7635 Fax 903-498-3699 18.1 Management Summary The business concept is to provide exclusive electric, plumbing and compressed air at the Fort Worth Convention Center and electric service at the Will Rogers Memorial Center for facility users. Each facility user will have unique needs and have different layouts of how their show sets up in the space or spaces they have rented. The clients that the show management have brought in to exhibit will then contact us if they are in need of the services we provide. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 35 of 52 OWENS SERVICE COMPANY 18.2 Business Plan \ Business Plan Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 36 of 52 -� 18.2.1 A resume of experience and education of supervisor's and any other full-time personnel proposed to be assigned to the facilities Ray Owens began his career in 1976 when he started working for Stagehands Local #126 in Fort Worth, Texas as an Electrician at the Tarrant County Convention Center Theater in the lighting department. Ray worked as an electrician for many concerts in the area and in addition to his work at the Theater. Ray also worked for Freeman Decorating through the Stagehands Union, setting up electrical services for Exhibitors and Trade Shows in the Exhibit Halls at the Fort Worth Convention Center through the time that Freeman Decorating sold its electrical section to MM&K Electrical ending in 1987. In 1987 Ray opened Owens Service Company utilizing his Texans' Electrician's license #10147, Ray soon had his own company installing electrical cables for Trade Shows, providing hookups for lighting and providing wiring for sound equipment at the many events that utilized area Exhibit Halls, Arena, Ballrooms and Convention sites. As of this day, Ray can proudly state that Owens Service Company worked itself into the position where is now takes care of all the electrical, plumbing and compressed air needs for almost all the shows in the Fort Worth Convention Center Exhibit Hall, Arena, Ballrooms, and meeting rooms as well as performing needed maintenance for the Convention Center. Maintenance includes regular inspection, repair and replacement of the multitude of floor plugs, adjustments of their cover plates for safety and lubrication of the plates for ease of use. As a result of it's continued on site presence, Owens Service Company has readily available 400 amp and 600 amp service outlets as well as plumbing and compressed air throughout the Arena area and the Exhibit Halls, making access to these services prompt and reliable. Owens Service Company has striven to protect its image as the longest established source of reliable and affordable electrical services at the Convention Center. Owens Service Company is proud to identify itself as a part of the continued success of the regularly scheduled Convention events. Deborah Owens has been working with Owens Service Company since 1987 as a hard laborer and as the wife of Ray Owens. Through her 25 years of experience, Deborah is now proficient in both the electrical end of the business and in the bookkeeping department. When a question is asked, it is likely that Deborah will be the one answering the question. Deborah has her own journeyman's electrical license #18301 and retains a wealth of knowledge about many events that occur and the people who need to be a part of the success of each event. Cliff Owens is a journeymen electrician #5244, Cliff has been with Owens Service Company since 1987 as a part time employee and joining full time in 2006. Cliff has proven his worth at many of the larger shows requiring large hookups. When not working with Owens Service Company Cliff's experience causes his services to be in demand in many other electrical environments. Ronald Avary is a master electrician #10388. Ron has over 50 years of commercial and industrial electrical experience. Another wealth of knowledge, Ron has been an electrical contractor for over 38 years. In 1977 Ron was hired as Electrical Inspector for the City of Richland Hills. While ending his status of inspector in 1982, Ron continues to serve on the electrical board for the City of Richland Hills. Ron is well known and respected after his 25 years of association with Owens Service Company. Ron and Ray Owens have worked together for over 40 years. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 37 of 52 Chad Collum is an apprentice electrician license #86354 and has worked with Owens Service Company for 10 years part time and 4 years full time. Chad is reliable, dependable, and he is our "Do you know where that is person". He is willing to work hard and do what it takes to make things run smoothly. Diana Collum is an apprentice electrician license #86421 and has worked for Owens Service Company since 1989. Diana is a 'Jill of all trades" and may be found setting up electrical connections in booth spaces, collecting fees, taking care of clients or doing pretty much whatever must be done. Jennifer Collum has been a full time employee since graduating from college in 2011 with a Bachelor's degree in Education. Jennifer works our customer service desk and when not on show site she is in the office getting things ready for the next show to head out. Eddie Smith is a journeyman electrician license #115288. Eddie has been a full time employee since 2007 when his stint was done in the Marine Corp; Eddie is a member of the stage hands union. Eddie's expertise is greatly appreciated. _) Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 38 of 52 18.2.2 Plan of Approach When the detailed plan of approach is followed, the client sends, faxes or emails, us the order forms setting up what they will need as far as electrical, plumbing and or compressed air. The order will be entered into our system and presented to the proper show, processing on the day of the show setup we bring out the orders and have our crew( that is on job site) begin the process of show setup, Electrical boxes are placed in the row of booth sections and then the order that was placed will be put into the appropriate booth space. Each person on our team is an integral part of each show, Some may be running electrical lines inside of booths, some may be running water lines or filling pools or spas, and some may be putting up lines for compressed air. There is no "I" in team, so each of us work together to make sure that each show has what it needs to make it a success. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 39 of 52 —� OWENS SERVICE COMPANY P.O. Box SAY • Kemp. Tx 75143 CURRENT AVAILABLE: 110 Volt, A-C., single phase, 60 cycle 208 Volt, A,C., single phase, 60 cycle 208 Volt, A.C., three phase, 60 cycle r� GENERAL TERMS AND CONDITIONS 1. Discount rate applies to one week prior to show setup. 2. Any and all concelletions must be made 48 hours in advenne of shrxe aetup. 3. Exhibitors -equiri-ig 24-hour service or cicanl dedicated lines will be charged at 1 add liunal 321.00 per line. 4. Wall outlets and post o.rtlets are not part of booth spar..e. An outlet must be ordered for each booth to be connected 5. All material and ecui nuent furnished retrai,is We property of Owens Service Company. S. Not responsible for voltage fluctuation or power failure. T. Prices include bringing circuits to the rearof exhibit boutf 1. MECHANIC'S SERVICE: Should It be necessary to run lines within the booth or hook up motors or panels, a later o.der must be placed at he Service Desk when your equipment is ready for such work This work will be done on a time plus material basis. LABOR per hour straight time. 8 a.m. - 6le m., $50.00 %: hour minimum time - ELECTRICAL CONNECTIONS: Equipment roust have power conforming plugs or caps. Each motor of '-HP of over must be equipped with a fusiole switch. To avoid delay in installation all equipment should be propery tagged and wiredwith full information es to the kind of current, voltage, phase. cycle, horsepower, eta, ready for cornecton. Under O.S.H.A, we reserve the right to refuse connections to hazardous wiring and equipment. ORDER FORM FOR ELECTRICAL SERVICE OFFICE: 903-498-7635 FAX: 903-498-3699 DUPLEX OUTLETS QI}•. Discount Slwwsite Pm— Cirmi;% Rate Rats —s amp ..... _....................... ... ..$49.Co........... ._ $78.00 —IOam:.__._........ ........... ....567.W ... ......... W.00 _20 ono ................ ............_... W.ae__..._..._....b11010o 2CO SINGLCPI IASC 2041 TH-EE nHA6E _20 amv......5100.00 20 Oro p..... ......... S152.00 _30 am1.......5135.:0 30 amp..........__.S2a200 40gm7.......5135.00 •10 amp ............. 537200 —50amo.......S220.00 50 SPOTLIGHTOR FLOODLIGHTr1`0 WATTS aWndF.............. ...5=-1.00_......... ... . 565.07 —Double ton stand)_....._.._..- M.00_. S75 nn —Tripe ion atarrl,+.......». ..... ..... 370.00............... 507.00 1000 wits PARCAN 64 ......$49.00 rrsaa5'plmW +D h�"ra. — 24.tiour Sarriw -. -. _.... _-s2l.eu DW c0ted Lhe..... _.._............ *21.00 k4eCh2I1K 3 $arYlCtbtl........_._.$50.60 — V,a1-1............. I ....... ..... - _.. Saba Tax will be paid by—crycnc or provldo Texas Tax 10 Ot. Sale Tex 0_25% TOTAL R�owreadn hiphawedyw"olla(r.a rrp�tlf agraON, mil for QI,o1c_ Ps/ment by: 7 VISA 0 NasterCard 0 Arneriwan Exwess O Cash -1 Check Cord No Expiration Data• NRmv cn Gard IPlr�sa Pri-0 $g1latur- �. P.O. NurnWr• SHWI, enCM-USPACE: .-- NAME OF FIRM' ADDPccc- PHONE: [A( 1 Signatwo 7rY0 Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 40 of 52 OWENS SERVICE ORDER FORM FOR COMPRESSED AIR & WATER COMPAl'iY P.O. Box589 •Kemp, TX 7514i OFFICE: 903-498-7635 FAX: 903-498-3699 PLEASE PRINT OR TYPF7 Paym It In 8di nimst ho roadeged holsro service is connected. NAME OF EVENT ___ — BOOTH NO FXHIBR N&MF PHONE NO. ADDR E$9 r'ITY STATE 21P_.-__. AUTHORIZED PERSON -ITLE _--- ALRHORIZED S1GNA7URE _..._ —._ ., . _,.... _ EVENT DATE PAYMENT INFORMATION: O Evbsed is my deck cr money in the amount ct $ Check tJ OVISA ❑ MJSlarl'ard ❑ AMEX Wke check payable to Covens SwAca Co. Credit Cord Aact. No_ �. —_.. -... ._..— Exp. Date __ 3digit card code (Carl crAe on reverse slgnelure line - exoopt AMEX) Nome (plras i pdritl AMhodtcr. SiOnahue —_ IN fling Address for Credil Card City Slate _ Zia r.ssea etl, pns: e5 P_SJ * 0eadlare to pnt-mder_ 10 days plar to show Air Cenrectlons'Noat Hell Only ADVANCE ORDFR KLOOR ,%'D QUANTITY DESCRIPTION 8—PAYMENT Q$DER Ah(OUNT Somm(:cnnoc{loll(s)............ ......... _................. S210.00 VZ75.UU S Equiprent CFtd - •Exhibition must furnish necessarytlter driers, repvlatora and flthas io comecl to %' Milton Quick Gmnecl iYater Gonncnl m: 55.65 PSI. ;$6MCA Outlet %" hosekunnedan)°' DaadlIna taPre-ardor. Cne weeh {XiOt to shove. Service Ccnstectians(a.......... S210.00 $275.00 $ OwJlmo Fill (500 valor rrssa,)l Deadline to pra-order: One -Meek prk7r ,o show'• _,. —. Up to 500 gallons._ ................._......................... 588 0II $$76.00 $ Airand water service available tc most locations. Cmteet Owen Serv@vs Co. (or locatlen avalsbllily. lint avertable. eddirwnat viol tv Lx in3 wrviue to booth will he charged, "Exhlbllors must furnish necessary re,Tulttors and me pips thread for Connection. WATER IN EAST & WEST EXF.IBrr HALL(AIR Avallabk In WEST EXHIBIT HALL ONLYI IcnNS— Service will be broLght to the rear of th4 booth in the ace; ronvenlern manner. mood. o r;a Any variation iom that,41 be on a lima and material baeis 950.00 per hr'A hr. minimum. urveux DIX3 Order Se,cw.. Fir,r 1 dew..r �wm. hJ1v �''Jerc Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 41 of 52 OWENS SERVICE COMPANY 18.3 Income to the City Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 42 of 52 .� Commission Percentage 18.3 income to the City The proposed commission that Owens Service Company will pay to the Fort Worth Convention Center for Electrical, Plumbing and Compressed Air services and Will Rogers Memorial Center for Electrical combined is: Eighteen percent (18%) of gross receipts for the first $1.00 to $200,000.00 Twenty Three percent (23%) of gross receipts that exceed $200,000.00 Fort Worth Convention Center commission Eighteen percent (18%) of gross receipts for the first $1.00 to $200,000.00 Twenty Three percent (23%) of gross receipts that exceed $200,000.00 Will Rogers Memorial Center commission Ten percent (10%) for the first 2.5 years from June 2012 to January 2015 of the gross receipts for the first $1.00 to $200,000.00 Fifteen percent (15%) for the first 2.5 years of the gross receipts that exceed $200,000.00 Eighteen percent (18%) after the first 2.5 years of the gross receipts for the first $1.00 to $200,000.00 Twenty Three percent (23%) after the first 2.5 years of the gross receipts that exceed $200,000.00 Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 43 of 52 OWENS SERVICE COMPANY 18.4 Proposed Equipment and Infrastructure Proposed Equipment and Infrastructure Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 44 of 52 18.4 Property and Infrastructure Power Strips- 500 Twist locks 110v- 408 136- 40 feet long 136- 25-39 feet long 136- 2-24 feet long Misc. Wire- 6-4 8-4 10-4 10-5 12-3 12-4 12-5 Extension cords- 1500 750- 5-25 feet long round and flat 750- 26-50 feet long round and flat 208 Stringers- 55 L14 L21 L22 Crowfoot Quads and Six Packs- 75 L14 L21 Crowfoot Flat Cable- 23 30 feet each Electrical Boxes with cables and plugs- 52 All the plugs for the new hall are ours 400 Amp Disconnect- 2 200 Amp Disconnect- 2 100 Amp Disconnect- 4 110 Stringers- 200 Air Lines 50 foot long- 60 100 foot long- 45 Water Lines- 15 50 foot long Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 46 of 52 OWENS SERVICE COMPANY 18.5 Corporate Experience and � Capacity DCorporate Experience and Capacity Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 46 of 52 AFFIDAVIT STATE OF TEXAS COUNTY OF Kaufman BEFORE ME, the undersigned authority, on this day appeared Dianna R. Callum who upon being duly swom, on his or her oath did state: "My name is Dianna R- Callum. I am over the age of eighteen years, am competent to make this affidavit and have personal knowledge of the facts stated herein. Proposer, Owens Service Company and 1, have recent experience (within the immediate five-year period) in operating similar electric, plumbing. and compressed air services in a major place of public assembly, such as a large multipurposdequestrian and/or convention facility similar to the FWCC and/or WRMC that has multi -purpose facilities, including exhibition halls, arena with a capacity of at least five thousand (5,000) persons, theater, ballroom. and various sized meeting rooms. The number of years and the locations at which such services were provided are as follows: • 11 years at the Tarrant County Convention Center • 14 years at die Fort Worth Convention Center • 6 years at the Abilene Convention Center for Ben E Keith • 2 years at the Amarillo Civic Center for Ben E Keith I year at Diamond Jack's Shreveport, 1A for US Foods Proposer certifies that it has; the ability to begin full operaC star than Juoe 20. 2012. Dianna R. Callum r,eeet me SUBSCRIBED AND SWORN TO BEFORE ME on this the _q_th day of QAAL 2012, to certify which witness my hand end otTirial seal of office. auur:Yt¢oraossrtT I�—rU1p�,a4 / X.l� MYCQ/YI$q,FIQ'IaFS !f I -- t>srY�co,atmq -- Notary Public in and for the State of Texas Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center -47 of 62 18.5.1 Firm's Qualifications Owens Service Company has been in business for 25 years in the same location and has had The Fort Worth Convention Center contract for the most recent 6 years. Owens Service Company can proudly say that all the shows we have ever participated in have always been ready to go at show opening whether it be one or many going on at the same time. We are ready for each show and are willing to help out any way that we can. It may be a smile that someone needs, it may be that something came in damaged and they need help to fix it, or it may be that it was sent from overseas and needs to be converted to our power. The employees have training and different skill levels to give each client just what they are looking for. We have provided 4 years of financials that you requested so you can see that we have the financial strength to keep our Company running smoothly. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 48 of 52 18.5.2 Description of Public or Private Facilities being served 1. _) Owens Service Company has been in business for 25 years and provided services at the Tarrant County Convention Center prior to its sale to the City of Fort Worth_ Owens Service Company was a part of the smooth transition from the Tarrant County Convention Center to the Fort Worth Convention Center. It is believed that those employees of the Fort Worth Convention Center that have worked with Owens Service Company will express a positive and complementary opinion of our company. We welcome that inquiry. Owens Service Company has also provided services for the Will Rogers Memorial Center and remains interested in their need for electrical services. We believe that our reputation with Will Rogers will also be one of confidence, trust and reliability. We have been helping out with Ben E Keith in Abilene Convention Center, Diamond Jacks in Shreveport, and Amarillo Civic Center to insure that their large trade shows will be the best that they can be. REGULARLY SERVICED EVENTS Reo Expo Advocare (2 times a year) Ben E Keith PCS- Premier Design Southwest Vets Imprinted Sportswear Auto Show RV Show NBS (2 times a year) Kenneth Copeland Texas and Southwestern Cattle Raisers AcuSport Home & Garden Show (2 times a year) HR Southwest Puttin' On the Pink DUG Many Cheer Competitions Many Church Events Fort Worth Star Telegram Events Numerous school functions for the State Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 49 of 52 l OWENS SERVICE COMPANY 18.6 Acceptance of Conditions Acceptance of Conditions Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 50 of 52 18_6 Acceptance of Conditions Owens Service Company has accepted the terms and conditions of this RFP and has included a copy of the insurance for Fort Worth Convention Center and for the their automobiles. When Owens Service Company has been chosen to be the Exclusive provider for Will Rogers Memorial Center Electrical we will include them in our insurance policy. Contract for Exclusive Electric, Plumbing, and Compressed Air Services at the Fort Worth Convention Center 51 of 52 M&C Review Page 1 of 2 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 6/12/2012 Official site of the City of Fort Worth, Texas M DATE: 6/12/2012 REFERENCE NO.: **C-25653 LOG NAME: 25ELECTRICAL SERVICE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Execution of an Agreement with Ray Lamar Owens and Deborah Owens d/b/a Owens Service Company to Provide Electric, Plumbing and Compressed Air Services for Facility Users and Exhibitors at the Fort Worth Convention Center and Authorize the Execution of an Agreement with S&H Lone Star Electric, Inc., to Provide Electrical Services to Facility Users and Exhibitors at the Will Rogers Memorial Center (COUNCIL DISTRICTS 7 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a three-year Agreement with Ray Lamar Owens and Deborah Owens d/b/a Owens Service Company as the exclusive provider for electric, plumbing and compressed air services for exhibitors and facility users of the Fort Worth Convention Center to begin June 20, 2012 and expire June 19, 2015 with options to renew for three additional one-year periods; and 2. Authorize the execution of a three-year Agreement with S&H Lone Star Electric, Inc., as the exclusive provider for electrical services for exhibitors and facility users of the Will Rogers Memorial Center to begin June 20, 2012 and expire June 19, 2015 with options to renew for three additional one-year periods. DISCUSSION: A Request for Proposal was issued on February 15, 2012, for exclusive electric, plumbing and compressed air services for the Fort Worth Convention Center (FWCC) and electric services for the Will Rogers Memorial Center (WRMC). Proposals were received on March 15, 2012 from the following five companies: 1. Edlen Electrical Exhibition Services, Inc. 2. Humphrey's & Associates, Inc. 3. Freeman 4. S&H Lone Star Electric, Inc. (Lone Star Electric) 5. Ray Lamar Owens and Deborah Owens d/b/a Owens Service Company (Owens Service Company) Proposals were evaluated and the top three proposers were interviewed based on a predetermined combination of qualitative and quantitative (point) measures to determine the recommendation for award of contracts. Both the FWCC and WRMC host many diverse events with the FWCC requiring electric, plumbing and compressed air services and the WRMC requiring electric services. In an effort to provide a higher level of customer service, exclusive providers are needed to offer these services to facility users. Due to the diverse characteristics of the exhibitor requirements at the two facilities, the committee recommended awarding the contracts to two different companies based on their overall commission structure, value to the customer and experience. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16922&councildate=6/12/2012 6/21/2017 M&C Review Page 2 of 2 Owens Service Company is recommended as the exclusive provider of electric, plumbing and compressed air services at the FWCC. Owens Service Company will pay 19 percent of gross receipts from $1.00 to $200,000.00 and 24 percent of gross revenues over $200,000.00 to the City. Lone Star Electric is recommended as the exclusive provider of electrical services at the WRMC. Lone Star Electric will pay 15 percent of gross revenues. The Department estimates additional revenue to exceed $100,000.00 in Fiscal Year 2012-2013. AGREEMENT TERMS - Upon Council approval, the Agreements will begin June 20, 2012 and expire June 19, 2015. RENEWAL OPTIONS - The Agreements may be renewed at the City's option for up to three additional one-year terms. Renewal of these Agreements by the City does not require specific City Council approval. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by Public Events Department and approved by the M/WBE Office because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. The facilities are located in COUNCIL DISTRICTS 7 and 9 but will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Public Events Department is responsible for the collection of funds due to the City. TO Fund/Account/Centers GG04 443443 0246000 $0.00 GG04 443443 0246010 $0.00 Submitted for Citv Manaqer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Susan Alanis (8180) Kirk Slaughter (2501) Kirk Slaughter (2501) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16922&councildate=6/12/2O12 6/21/2017