HomeMy WebLinkAboutContract 53751 CITY SECRETARY
O CONTRACT NO. 53?5
FORT WORTH,
G�
COOPERATIVE PURCHASE AGREEMENT
This COOPERATIVE PURCHASE AGREEMENT("Agreement")is made and entered into by
and between the CITY OF FORT WORTH("City'),a Texas home rule municipal corporation,acting by
and through its duly authorized Assistant City Manager, and FREER MECHANICAL
CONTRACTORS, INC., a Texas corporation ("Vendor"), acting by and through its duly authorized
representative,each individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents include the following:
1. This Cooperative Purchase Agreement;
2. Exhibit A—Scope of Services and Price Schedule;
3. Exhibit B—Service Completion Form; and
4. Exhibit C—Verification of Signature Authority Form.
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
control.
1. Scope of Services. Vendor will provide non-exclusive mechanical services to various City
facilities on an as-needed basis. Exhibit"A"-Scope of Services more specifically describes the services
to be provided hereunder("Services")Vendor will provide all labor,equipment, and material necessary to
perform and complete the Services.
2. Term. This Agreement begins on the date signed by the Assistant City Manager below
("Effective Date") and expires on September 30, 2020 ("Expiration Date"), unless terminated earlier in
accordance with this Agreement("Initial Term"). City will have the option,in its sole discretion,to renew
this Agreement under the same terms and conditions,for up to two(2)one-year renewal options.
3. Compensation.
a. City will pay Vendor in accordance with the price schedule and the provisions of this
Agreement in Exhibit A. Total compensation under this Agreement will not exceed
Six Hundred Seventy-Four Thousand, Nine Hundred Ninety-Nine Dollars and
Eighteen Cents($674,999.18).Vendor will not perform any additional services or bill
for expenses incurred for City not specified by this Agreement unless City requests
and approves in writing the additional costs for such services. City will not be liable
for any additional expenses of Vendor not specified by this Agreement unless City first
approves such expenses in writing.
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
b. Prior to submitting an invoice to the City for payment of the applicable Service,Vendor
must verify the quality of each Service performed. The City will review and inspect
all Services to determine their acceptability and signify acceptance by execution of the
Service Acceptance Form,which is attached hereto as Exhibit"B". If the City rejects
the submission, it will notify the Vendor in writing as soon as the determination is
made listing the specific reasons for rejection. The Vendor will have ten(10)days to
correct any deficiencies,unless otherwise agreed to by the Parties in writing.Payment
to the Vendor will not be authorized unless the City accepts the Service in writing in
the form attached in Exhibit B. The City's acceptance will not be unreasonably
withheld.
c. Following acceptance of the Service by the City, the Vendor must provide the City
with a signed invoice summarizing(i)the Service(s)that has been completed and(ii)
requesting payment. If the City requires additional reasonable information, it will
request the same promptly after receiving the above information,and the Vendor must
provide such additional reasonable information to the extent the same is available.
Invoices must be submitted to the City of Fort Worth, attention Andrea Wright, 1201
Houston Street,Fort Worth,Texas 76102.
d. The City will make payment within thirty(30)calendar days after receipt of an invoice
from the Vendor unless there is a dispute as to the information provided in the invoice
or Services performed.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days'written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date,City will pay Vendor for Services actually rendered up to
the effective date of termination,and Vendor must continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor must return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
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5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subj ect to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Seller.It will be the responsibility of Seller to submit reasons objecting
to disclosure.A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.3 Unauthorized Access.Vendor will store and maintain City Information in a secure
manner and will not allow unauthorized users to access,modify, delete or otherwise corrupt City
Information in any way.Vendor will notify City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City will,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 and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement,and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors and subVendors.Vendor acknowledges that the doctrine of respondeat superior will
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees,servants,Vendors and subVendors. Vendor further agrees that nothing herein will be construed
as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that
City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents,
servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants,
employees or subVendor of Vendor will be entitled to any employment benefits from City.Vendor will be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
officers,agents, servants,employees or subVendor.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR WILL BE LL4BLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
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ACTS) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 INDEMNIFICATION- VENDOR HEREBY COVENANTSAND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee will be jointly liable for all obligations of Vendor under this Agreement prior
to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor will execute a
written agreement with Vendor referencing this Agreement under which sub Vendor will agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor will provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor will provide City with certificate(s)of insurance documenting policies
of the following types and minimum coverage limits that are to be in effect prior to commencement of any
work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
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Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers'liability
$100,000- Bodily Injury by accident;each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear.The term
City must include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers'compensation policy must include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City.Ten (10) days' notice must be
acceptable in the event of non-payment of premium.Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management.If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances,rules and regulations.If City notifies
Vendor of any violation of such laws,ordinances,rules or regulations,Vendor will immediately desist from
and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law.IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRE%BNATION COVENANT BY VENDOR,ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
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INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: _ To VENDOR: _
City of Fort Worth Freer Mechanical Contractors, Inc.
Attn:Assistant City Manager Attn: Jack Ellington, President
200 Texas Street 1908 Samuels Ave.
Fort Worth, TX 76102-6314 Fort Worth, TX 76102
Facsimile: (817) 392-8654 Facsimile: (817) 335-2100
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
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 will not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venue. This Agreement will be construed in accordance with the laws
of the State of Texas.If any action,whether real or asserted, at law or in equity,is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Liens. Vendor does not have the authority to engage in any act or to make any contract that
may create or be the foundation for any lien upon any real property and improvements owned or to be owned
by the City. If any such purported lien is created or filed,Vendor, at no cost to the City,must liquidate and
discharge the same within thirty(30) calendar days of such creation or filing. Vendor's failure to discharge
any such purported lien within this time frame will constitute a breach of this Agreement. Vendor's financial
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obligation to the City to liquidate and discharge such lien will continue in effect following termination or
expiration of this Agreement and until such a time as the lien is discharged.
20. Permits and Licenses. Vendor must obtain and pay for all necessary permits and licenses
incurred or required in connections with the Services.
21. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
22. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope
of any provision of this Agreement.
23. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A,B,and C.
24. Amendments/Modifications/Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
25. 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.
26. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute
one and the same instrument.
27. Warrantv.
a. Vendor warrants that its Services(1)will be of a high quality; (2)conform to generally
prevailing industry standards; (3) are not currently known to be harmful to the public
health and safety; and (3) free from any defect in material, design, or workmanship
performed by the Vendor or any of its subcontractors or suppliers. All work will be
warranted for a period of two (2) years from the date of final acceptance of each
applicable Service by the City.
b. Vendor agrees to cure any breach satisfactorily and consistent with industry standards.
Vendor must commence any work in accordance with this warranty within fourteen
(14)calendar days from receipt of written notice from the City and complete such work
within thirty (30) business days thereafter at no expense to the City. If the City
observes any breach of warranty as described herein that is not curable by the Vendor,
then the Vendor is responsible for reimbursing the City for damages, expenses, and
losses incurred by the City as a result of such breach. The representations and
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warranties in this section will survive the termination or other extinction of this
Agreement.
c. The warranty will not be construed to limit or in any way modify any warranties or
guarantees placed upon any materials, fixtures, or devices by their manufacturers, or
any components for which a longer period of warranty is required in this Agreement.
Vendor will furnish City with all manufacturers' and suppliers' written guarantees,
warranties, and operating instructions covering materials furnished under this
Agreement,together with any documentation required for validation.
28. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(1-9). Upon request by City,Vendor must provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for
violations of this provision by Vendor.
29. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This
Agreement and any amendment hereto,may be executed by any authorized_representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
30. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change,copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
31. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1)does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and"company"will have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this contract,Vendor certifies that Vendor's signature provides written verification
to the City that Vendor: (1)does not boycott Israel;and(2)will not boycott Israel during the term of
the contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
(signature page follolvs)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acluo that I the person
monitoring
responsible for the monitoito ring and
administration of
By this contract,including ensuring all performance and
Jay Chapa reporting requirements.
Assistant City Manager
Date: ,20
By: —
APPROVAL RECOMMENDED: Cy t 'a Se ano
Interim istant Director
BY:
APPROVED RM AND LEGALITY:
� /J _
Michael E. Crum
Director, Public Events Department B /
Tyler F.Wallach
ATTEST: Assistant City Attorney
CONTRACT AUTHORIZATION:
ff �� �- ,� � M&C: 20-0192
By. Maryo
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City ecreary `'; ;}�� ►otgS: VLOa0—S$$a.l.5
VENDOR: 7 EX
t
FREER MECHANICAL CONTRACTORS, INC.,
a Texas corporation
By: L �
Name: _Jack Ellington
Title: President
Date: February 11,2020
OFFICIAL RECUR,U,
MY SECRETARY
Cooperative Purchase Agreement FT WORT". TX'
Freer Mechanical Contractors,Inc.
EXHIBTT A
SCOPE OF SERVICES AND PRICE SCHEDULE
1. Services will be performed on an as-needed basis at the written request of the City and in the form
of a Work Order.
2. For a Work Order to become effective,it must(1)be signed by a designated representative of the
City and Vendor; (2)be based on the agreed upon Services and prices listed in Exhibit A; (3)list
the start and completion dates for the Service(s);and(4)include a written Notice to Proceed from
the City.
3. Vendor must complete the Service in accordance with the Work Order and the terms of this
Agreement. The Parties may amend the initial work orders upon mutual written agreement.
PARTS 8:00 a.m.to 5:00 p.m. 5:01 P.M.to 7:69 a.m_ HOLIDAY HOURLY RATE
BIDDER DESCRIPTION MARK-UP(") HOURLY RATE HOURLY RATE (Contractors Recognized/
Paid Holidays)
Freer Mechanical Licensed Helper Licensed Helper Licensed Helper
Journeyman Journeyman Journeyman
Contractors Inc. --
Fort Worth,TX PLUMBING 18.00% $ 69.94 $ 42A5 $ 93.08 $ 59A3 $ 116.24 $ 76.44
HUB:NO
COOP:YES Licensed Licensed Licensed
Technician Helper Technician Helper Technician Helper
HVAC n/a z Na n/a n/a n/a n/a nla
Provide Hourly Rate for Written Estimates: $ 75.00
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PRICE FORM
Freer
8 am to 5 pm 5:01 pm to 7:59 am Holiday&
DESCRIPTION Dollar Rate Hourly Rate Hourly Rate Weekend
Houriv Rate
Refrigerant Recovery Machine Use Is Is $ $
Backhoe Work Machine is $ 60.00 $ 60.00 $ 60.00
Operator, Is $ 49.74 $ 70.85 $ 91.98
Trencher Work Machine $ 44.00 $ 44.00 $ 44.00
Operator, $ $ 49.74 $ 70.85 $ 91.98
Welding Machine $ 50./day Is Is I$
Operator. $ Is is Is
Brazing and Soldering Equipment 30.00/day $ Is Is
Operator, Is $ Is Is
Camera and Operator 50.00/day $ Is I$
Operator: Is $ g $
Miscellaneous Equipment Is $ _s Is $
Operator, $ Is Is
Reclaim Bottle $ $ Is Is
Torch $ 25.00/day $ $ $
Sewer Machine S 50.00/day $ $ $
Operator, $ r$ $ $
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PRICE FORM
Freer
Hourly
Weekend
DESCRIP710N Dollar Rate Damto5pm 5:01 pm to 7:59mHoliday
y Rate Rate
Hourly Rate
Vacuum Pump $ Is $ Is
Operator $ Is $ Is
Chain Hoist S 25.00/day $ $ $
Gantry $ 25,00/day $ $ Is
Wet Vac Is 25.00/day $ $ Is
Hydro Jetting Svc Is $ $ is
Operator, $ $ $ $
Pro Press Machine 50.00/day $ $ $
Operator, 5 $ $ $
Combustion Analyzer $ $ $ $
String Tape S $ $ $
Roto Rooter Service $ $ $
Bottle Nitrogen 5 $ $ $
Jackhammer 150.00/day $ $ $
Miscellaneous Equipment $ $ $ $
Operator, $ $ $ $
Miscellaneous Equipment is is $
Operator, $ Is Is $ i
PRICE FORM
Freer
e am to6pm 6:01 Pm M7:59 am o day&
Hourly
DESCRIPTION Dollar Rato Weekend
Hourly Rate Rate Hourl Rata_
Miscellaneous Equipment $ $ $
Operator is Is- $
Miscellaneous Equipment Is Is Is $
Operator, $ $ $ g
OMiscellaneous Equipment $ $ $
OP
era tnr Is $ $ $
Note:There shall be no mark-up on ownedfrentw equipment. ---
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EXHIBIT B
SERVICE ACCEPTANCE FORM
Service(s)Performed:
Service Ref. #:
Service Name:
Completion Date:
Service Target Completion Date: r
Service Actual Completion Date:
Approval Date:
Comments(if needed):
Approved by Vendor: Approved by City's Project Manager:
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
For Director Use Only
Contracted Payment Amount:
Adjustments:
Approved Payment Amount:
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EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
FREER MECHANICAL
CONTRACTORS,INC.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor.Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
l. Name: Wayne Efird
Position:Project tnags /Estimator
Signat re
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:Jack Ellington/President
—)0.1 to 0 j��-
Signature of Preside t/ O
Other Title:
Date:February 11,2020
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4/6/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTTII
DATE: 3/24/2020 REFERENCE**M&C 20- LOG 13P MECHANICAL AND PLUMBING
NO.: 0192 NAME: SERVICES CITYWIDE SNB
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. Authorize the Execution of an Agreement for Mechanical and Plumbing Services with
Freer Mechanical Contractors, Inc., for All City Departments in an Annual Amount Up to
$675,000.00 Using Tarrant County Cooperative Contract No. 2019-226 and Authorize
Two Annual Renewal Options (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement for mechanical and
plumbing services with Freer Mechanical Contractors, Inc., for all City Departments in an annual
amount up to $675,000 using Tarrant County Cooperative Contract No. 2019-226 and authorize two
annual renewal options.
DISCUSSION:
The Public Events Department approached the Purchasing Division to enter into an agreement for
mechanical and plumbing services using a cooperative agreement. City Departments will use this
Agreement to supplement current mechanical and plumbing service Agreements when certain aspects
of a project are beyond the scope of the current annual Agreements such as pipe maintenance and
pipe welding. In situations as these, it is more cost effective for the City to use its own Mechanical and
Plumbing Contractor Agreement instead of paying subcontracting mark-ups.
State law provides that a local government purchasing an item under a Cooperative Purchasing
Agreement satisfies state laws requiring that the local government seek competitive bids for purchase
of the item. Tarrant County Cooperative Contracts have been competitively bid to increase and simplify
the purchasing power of government entities.
An administrative change order or increase may be made by the City Manager up to the amount
allowed by relevant law and the Fort Worth City Code and does not require specific City Council
approval as long as sufficient funds have been appropriated.
A MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public
entity.
This Agreement may be renewed in accordance with the terms and conditions of Tarrant County
Contract No. 2019-226 or applicable successive Tarrant County contracts for the same services at the
City's option. This action does not require specific City Council approval provided that City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal terms.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
appropriated, in the participating departments Operating Funds to support approval of the above
recommendation and award of the contract. Prior to any expenditure being incurred, the participating
departments have the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference# -F—Amount
ID ID Year I (Chartfield 2)
FROM
apps.cfwnet.org/council_packet/mc—review.asp?ID=27761&councildate=3/24/2020 1/2
4/6/2020 M&C Review
FF 6Md Department Account Project Program Activity Budget Reference# Amount
Submitted for City Manager's Office by_ Kevin Gunn (2015)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Shatabya Bergland (8087)
ATTACHMENTS
apps.cfwnet.org/council_packet/mc_review.asp?I D=27761&councildate=3/24/2020 2/2