HomeMy WebLinkAboutContract 53801 t CITE'SECRETARY
TNO.__53,801
RECEIVED
APR 13 2020
CITY OF FORT WORTH CONTRACT FOR SERVICES BETWEEN
CITY SECRETARY THE CITY OF FORT WORTH AND
CENTURY FIRE PROTECTION,LLC
This Agreement ("Agreement") is entered into by and between the CITY o F Fo RT WORTH, a
Texas home-rule municipal corporation, acting by and through Susan Alanis, its duly authorized
Assistant City Manager, ("City") and CENTURY FIRE PROTECTION, LLC, a Delaware limited liability
company, acting by and through its duly authorized representative, ("Contractor").
In consideration of the mutual covenants and terms and conditions set forth herein, the parties
agree as follows:
1. Scope of Work. Contractor will perform all work set forth in the Scope of Services
("Work"), attached hereto as Exhibit A and incorporated herein for all purposes,which includes, but is
not be limited to, all labor,materials, equipment, services, and other items required to complete the work
at all of the locations listed in this Agreement, unless specifically amended herein. The general
conditions of the Work are stated in Exhibit B, attached hereto and incorporated herein for all purposes.
The general condition in Exhibit B are supplementary to the terms and conditions set forth in the body of
this Agreement. The terms in the body of this Agreement control over the general conditions in Exhibit
B to the extent that there is any conflict.
2. Contract Term. The initial term of this Agreement is one year, beginning on the date
that the City executes this Agreement("Initial Term").The parties may agree,in writing,to extend the
term of this Agreement for an additional four consecutive one-year periods (each a"Renewal Term").
3. Contract Sum. City will pay Contractor up to One Mullion,Four Hundred Sixty-Nine
Thousand,Sixteen Dollars and No Cents($1,469,016.00)("Contract Sum")annually over the Initial
Term and any Renewal Term to perform the Work. Contractor will perform the Work in accordance
with the price schedule set forth in Exhibit A.
4. Payment Schedule. To receive payment, the Contractor must submit written
documentation to the Director of the Public Events Department or that person's authorized designee
("Director") certifying the specific Work that has been completed pursuant to the terms of this
Agreement.
a. Completion of the Work: Upon receipt of written notice that the Work, or any portion
thereof, is ready for final inspection,the City will conduct a joint inspection and certify
completion of the Work by cosigning it with the Contractor. At the very least, the
Contractor must certify the following:
i. Contractor's Affidavit of Payment of Debts and Claims stating that all payrolls,
bills for materials and equipment, and other indebtedness connected with the
Work for which the City or the City's property might in any way be
responsible,have been paid or otherwise satisfied;
ii. Consent of Surety to Final Payment, if any,to final payment;
iii. Contractor's Affidavit of Release of Liens;
iv. Other data establishing payment or satisfaction of all such obligations, such as
receipts,releases, and waivers of liens arising out of the Contract,to the extent
and in such form as may be designated by the Director;
v. Contractor's Warranty;
vi. Statement that all outstanding Work has been completed; and
Contract for Services I of 23
vii. Final acceptance by the City.
b. Withholding Payment: Director may decline to approve payment, either in whole or in
part, to such extent as may be necessary in the Director's opinion to protect the City
from loss because of:
i. Defective work not remedied;
ii. Claims filed or reasonable evidence indicating probable filing of claims;
iii. Failure of the Contractor to make payments properly to Subcontractors, or for
labor,materials or equipment;
iv. Damage to another contractor;
v. Reasonable indication that the Work will not be completed within the Initial
Term or any applicable Renewal Term;or
vi. Unsatisfactory prosecution of the Work by the Contractor.
c. When such grounds for the refusal of payment are removed,payment win be made for
any amounts withheld because of them.
5. Chanizes in the Work. City may order changes in Work within the general scope of the
Agreement consisting of additions, deletions, or other revisions, the Contract Sum and term being
adjusted accordingly. Such changes in Work will be authorized by written Change Order or amendment
signed by City and Contractor. If City requests additions to Work, it will be performed on a time and
material basis at rates negotiated and mutually agreed to by the parties.
6. Warranty and Correction of Defective Work.
a. For a period of one (1) year following the date of completion of any Work,
Contractor represents and warrants to the City that the materials furnished under this Agreement
for the Work will be new, of good quality, in good working order, and perform as intended; and
that the Work will be performed in conformance with this Agreement and professional
"workmanlike" standards and free from defective or inferior materials and workmanship
(including any defects consisting of "inherent vice," or qualities that cause or accelerate
deterioration). Contractor must commence any work in accordance with this warranty within
fourteen (14) calendar days from receipt of written notice from City and complete such work
within thirty(30)business days thereafter at no expense to City.If City observes any breach of
warranty as described herein that is not curable by the Contractor, then the Contractor is
responsible for reimbursing the City for damages, expenses,and losses incurred by the City as a
result of such breach. The representations and warranties in this section will survive the
termination or other extinction of this Agreement.
b. Contractor also warrants and guarantees that title to all Work, materials and
equipment covered by this Agreement will pass to the City upon the receipt of such payment by
the Contractor,free and clear of all liens, claims, security interests or encumbrances hereinafter
referred to as"liens";and that no Work,materials or equipment covered by this Agreement will
have been acquired by the Contractor,or by any other persons performing the Work at the site
or furnishing materials and equipment for the Work, subject to an agreement under which an
interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the
Contractor or such other person.
7. Indemnification. CONTRACTOR COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION,
Contract for Services 2 of 23
LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES,
LIABILITIES, AND SUITS OF ANY HIND OR NATURE, INCLUDING, BUT NOT LIMITED
TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS'
COMPENSATION ACT LIABILITY, AND PROPERTY DAMAGE) AND 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 HIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM
THE NEGLIGENT ACT, ERROR, OR OMMISSION OF THE CONTRACTOR AND ITS
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS,
AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE,
ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT, EXCEPT
TO THE EXTENT THAT THE SAME RESULT FROM THE SOLE NEGLIGENCE OR
WILLFUL MISCONDUCT OF THE CITY.
8. Insurance. Contractor will comply with the insurance requirements set forth in Exhibit
B.
9. Contract Termination.
a. Termination for Convenience. The Work to be performed under this
Agreement may be terminated by City, subject to written notice submitted at least twenty(20)
calendar days before termination,specifying the grounds for termination.
i. If the termination is for the convenience of City, City will pay Contractor
for services actually rendered up to the effective date of termination, and
Contractor will continue to provide the City with the Work requested by
City and in accordance with this Agreement up to the effective date of
termination.
b. Termination for Cause. If either party to this Agreement willfully or
negligently fails to fulfill its obligations in a timely and proper manner,or otherwise violate,any
of the covenants, agreements, or stipulations material to this Agreement, the other party will
have the right to terminate this Agreement by giving written notice to the defaulting party of its
intent to terminate, specifying the grounds for termination. The defaulting party will have thirty
(30)days after receipt of the notice to cure the default("Cure Period"),unless otherwise agreed
to by the parties in writing. If the default is not cured during the Cure Period, then this
Agreement will terminate. Termination of this Agreement under this provision will not relieve
the party in default of any liability for damages resulting from a breach or a violation of the
terms of this Agreement.
10. Contractor Compliance Responsibilities. Contractor will give notices and comply with
all laws, ordinances, rules, regulations and orders of public authorities bearing on performance of the
Work. Contractor warrants that it is properly licensed in the state to perform the Work required by this
Agreement.
11. Time Extension; Force Maieure. City and Contractor 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
Contract for Services 3 of23
restrictions by any governmental authority, transportation problems or any other similar causes. The
Parties acknowledge that this Agreement is being entered into during a state of emergency following the
COVID-19 pandemic outbreak. The Parties agree that this provision will not apply to the COVID-19
pandemic outbreak unless a subsequent binding order is issued by an entity with direct jurisdiction over
Contractor or City that prohibits the continuation of the services.
12. Permits. Required construction or governmental permits, if any, will be obtained by
Contractor prior to commencing the Work.
13. Safety. Contractor must take all reasonable safety precautions with respect to
performance of the Work and will comply with safety measures initiated by the City and all applicable
laws, ordinances, rules, regulations and orders of public authorities for the safety of persons and
property. Contractor will report to City within seven (7) days an injury to an employee or agent of
Contractor which occurred at the Convention Center.
14. Concealed Conditions. If concealed or unknown physical conditions are encountered at
any City facilities that differ materially from those indicated in the Agreement or from those conditions
ordinarily found to exist and those conditions cause delay in the Work, then the Contract Sum and/or
term may be equitably adjusted by written agreement of the parties.
15. Entire Agreement. This Agreement constitutes the entire agreement between the parties
hereto with respect to the subject matter hereof, and no amendment, alteration, or modification of this
Agreement will be valid unless in each instance such amendment,alteration or modification is expressed
in a written instrument, duly executed and approved by each of the parties. There are no other
agreements and understandings,oral or written,with reference to the subject matter hereof that are not
merged herein and superseded hereby. Without limitation,this specifically applies to any bid or proposal
signed by employees of the City's Public Events Department,whether such individual(s)acted with or
without authority, either express or implied.
16. Severability. Should any portion, word, clause, phrase, sentence or paragraph of this
Agreement be declared void or unenforceable,such portion will be modified or deleted in such a manner
as to make this Agreement, as modified, legal and enforceable to the fullest extent permitted under
applicable law.
17. Assignment. Neither party hereto will assign, sublet or transfer its interest herein
without prior written consent of the other party,and any attempted assignment,sublease or transfer of all
or any part hereof without such prior written consent will be void. This Agreement will be binding upon
and will inure to the benefit of City and Contractor and its respective successors and permitted assigns.
18. Waiver. No waiver of performance by either party will be construed as or operate as a
waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The
payment or acceptance of fees for any period after a default will not be deemed a waiver of any right or
acceptance of defective performance.
19. Governing Law and Venue. If any action,whether real or asserted,at law or in equity,
arises on the basis of any provision of this Agreement, venue for such action will he in state courts
located in Tarrant County,Texas or the United States District Court for the Northern District of Texas —
Fort Worth Division. This Agreement will be construed in accordance with the laws of the State of
Texas.
Contract for Services 4 of23
20. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are
solely for the benefit of City and Contractor, and any lawful successor or assign, and are not intended to
create any rights, contractual or otherwise,to any other person or entity.
21. Contract Construction. The Parties acknowledge that each party and, if it so chooses,its
counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
22. Fiscal Funding Out. If, for any reason, at any time during any Initial Term or any
Renewal Term of this Agreement,the Fort Worth City Council fails to appropriate funds sufficient for
City to fulfill its obligations under this Agreement,City may terminate this Agreement to be effective on
the later of (i) thirty (30) days following delivery by City to Contractor of written notice of City's
intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth
City Council for the purposes set forth in this Agreement.
23. Captions. Captions and headings used in this Agreement are for reference purposes
only and will not be deemed part of this Agreement.
24. Audit. Contractor agrees that City will have the right to audit the financial and business
records of Contractor that relate to this Agreement (collectively "Records") at any time during the
Initial Term or any Renewal Term of this Agreement and for three (3) years thereafter in order to
determine compliance with this Agreement. Throughout the Initial Term or any Renewal Term of this
Agreement and for three(3) years thereafter, the Contractor will make all Records available to City on
200 Texas Street, Fort Worth, Texas 76102 or at another location in City acceptable to both parties
following reasonable advance notice by City and will otherwise cooperate fully with City during any
audit. Notwithstanding anything to the contrary herein, this section will survive expiration or earlier
termination of this Agreement.
25. 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 will be as legally
binding for all purposes as an original signature.
26. Notices. All notices required or permitted under this Agreement will be conclusively
determined to have been delivered when (i) hand-delivered to the other party, or its authorized agent,
employee, servant, or representative, or (ii) received by the other party or its authorized agent,
employee, servant, or representative by reliable overnight courier or United States Mail, postage
prepaid,return receipt requested, at the address stated below or to such other address as one party may
from time to time notify the other in writing.
To THE CITY: To CONTRACTOR:
Director CENTURY FIRE PROTECTION,LLC
Public Events Attn: Richard Alan Deeb,President
City of Fort Worth 3316 S. Jones Street
1201 Houston Street Fort Worth,Texas 76110
Fort Worth,Texas 76102
With a copy to:
Department of Law
Contract for Services 5 of23
City of Fort Worth
Attn: City Attorney
200 Texas Street
Fort Worth,Texas 76102
27. Independent Contractor. It is expressly understood and agreed that Contractor will
operate as independent entity in each and every respect hereunder and not as an agent,representative, or
employee of City. Contractor will have the exclusive control and the exclusive right to control all details
and day-to-day operations and activities relative to operation of Contractor and installation of the Work
and will be solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees, and invitees. Contractor acknowledges that the doctrine of
respondeat superior will not apply as between City and Contractor, its officers, agents, servants,
employees, contractors,subcontractors,licenses, and invitees.Nothing contained in this Agreement will
be construed as the creation of a partnership or joint enterprise between City and Contractor.
28. Prohibition on Contracts With Companies Boycotting Israel. Contractor acknowledges
that in accordance with Chapter 2270 of the Texas Government Code,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 Initial
Term or any Renewal 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, Contractor certifies that Contractor's signature provides written verification to the City th at
Contractor. (])does not boycott Israel, and(2) will not boycott Israel during the Initial Term or any
Renewal Term of th e Agreem en 1.
29. Immigration Nationality Act. Contractor will verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City, Contractor will provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who performs
work under this Agreement. Contractor will adhere to all Federal and State laws as well as establish
appropriate procedures and controls so that no services will be performed by any Contractor employee
who is not legally eligible to perform such services. CONTRACTOR WILL INDEMNIFY CITY
AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE
TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to
Contractor, will have the right to immediately terminate this Agreement for violations of this provision
by Contractor.
30. Authorization. By executing this Agreement, Contractor's agent affirms that he or she
is authorized by the Contractor to execute this Agreement and that all representations made herein w ith
regard to Contractor's identity, address and legal status (corporation, partnership, individual, etc.) are
true and correct.
(Signature Page Follows)
Contract for Services 6 of23
��h
Executed in multiples this the 1me —day of it ,2020,
ACCEPTED AND AGREED:
CITY:
CITY OFFORT WORTH CONTRACTCOMPLIANEMANAGER:
By signing I acknowledge that I am th a pers on
responsibleforthc monitoring and adminis tration ofthis
contract,including ensuringallperformance and
repo rting req uireme►.t ts. j
By:
Whine: Jay Chapa
Title: Deputy City Manager --
Date: ,� � _ By. Name:
—f-- �
APPROVAL RECOMMENDED: Title: Assistant Director,Public Events F
t APPROVED AS TO FORM AND LEGALITY:
I
Name: Mike Crum. �,:
Title: Director,Public.Events Name: Tyler F. Wallach I
ATTEST:
Title: Assistant City Attorney i
iCONTRACT AUTHORIZATION:
a: M&C•20-0190 i
By: ate:March 24, 2020
`�c inance No.24089-03-2020
.,
a e: I ys '� ; " 1295 Certification No.:2020-592025
Title: City Secretary-i
COMTRACTOR: �`
i
CENT uR.Y FIRE fear C r f ON,LLC
` t
Name: Richard Alan Deeb
Title: President
Date: faz�r 2020
F`IT., woi���i.`
Contract for Sery ices 7 o f 23
E HtBIT A
WORK
PoarwoRrl�,
CITY OF FORT WORTH BID OFFER i
Event ID Pogo Invited: BIDDERS
CFWO]-20-0044 ]
Event Round Version
Event Name
]Ta_Flre Alarm seavicee Submit To: City of Fort Worth
Start Time Finish Time PURCHASING DIVISION
oz/a•/2ozo ]s,se,00csr oa/2o/2020 13:311:oocsT LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States i
Email: FMSPurchasingResponsos@fodworthtexas.gov
Line Details Ii
l,Ina: 1
Doscrinllon_: City Unit UnitPrtco Total
Annual Inspection(Total from Attachment A) 1.00 EA
$59,830.00 $59,830.00
Line: 2
DescopilRn qty . Unit UnhPrice Total
Hourly Rate(Repairs) 2000.00 HR
$85.00 1$170,000.001
Line: 3
0o9crl2t19 City Unit UnitPrian Total_
Overlimo Hourly Rate(Repairs) 200.00 HR
$120.00 $24,000.00
I
Dascrlotion: City Unit UnitPdca Total j
Hourly Rate(InstsuationlModificaUOn) 4000.00 HR
$85.00 $391,000.00
Llna: 6
Dosc t n: City Unit UnitPrlco _ Total
Design Engineering 320.00 HR
$85.00 1$27,200.00
Lino: 6
DQscriptlon: Qty Unit_ UnitPlico .__ Total
CAD Work(Architectural) 70.00 HR i
$85.00 $5,950.00
Line: 7
Qescrlatlon City Unit UnitPdco Total
One-Umo Prodramrtdng Fee to Monitor(Par 130.00 EA
Location) 1$0.00
Line: 0 i
Doscr tlon: ___ My._ Unit UnIlPrico T�
One-time Programming Set-Up Fan to Monitor 130.00 EA
(Per Location) $0.00 1
I
i
i
ITi120-0044 Fire Alarm Services
Pago 3 of 65
Contract for Services 8 of 23
on7•Wonrtt.
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: BIDDERS
CM?01-20-0044--_--- —__--. 4
Event Round Version
1 x
Event Name
TB Fir, A11r. scr ices Submit To; City of Fort Worth
start Time Flnish Tlme PURCHASING DIVISION
oz os zozo 1
5:30:00 csr ea ze 2020 13L1a_00 CST LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States i
Email: FMSPurchasingResponsas@fortworthtexas,gov
i
i
Line: 0 I
Description: _ Qtv unit _ UnitPrlce Total
Quarterly Monitoring Foo(Per Location) 130.00 EA _
This is for landline only.Cellular or Radio priced based on $57,00 $7,410.00
equipment Total Bid Amount:
$685,390.00
i
All parts and/or materials shall be purchased at the discount below.If no discount is offered,please enter zero on the
percentage line.All parts and/or materials will be added through an addendum on an as needed basis throughout the life of
the agreement,therefore,the bidder shall submit a price list for all items with their bid submittal. i
Parts and materials at Manufacturer's List Price less 30 M.discount
i
I
ITO 20-0044 Fire Alamn Services
Page 4 of 65
Contract for Services 9 of23
ATTACHMENT A
ANNUAL INSPECTION
BUILDINGSSERVICEDti ' e , �rl ADDRE55yJ�, r r+3) �ALARMTYPEr (NSPrCTIUNc
Athletic Administration HAWS 600 Congress St. '$480.00
Amon Carter Exhibition Hall 3400 Burnett-Tandy Simplex 2001 $720.00
Animal Control 4900 Martin Street. Notifier System 5000 $360.00
Annex 908 Monroe Notifier AM2020 $600.00
Backstage Club 3401 W Lancaster Ave. EST Quick Start $240.00
Barn#1 3401 Burnett Tandy Dr. Silent Night $300.00
Barn#2 3337 Burnett Tandy Dr. Silent Night $300.00
Botanic Gardens Main Building 3220 Botanic Garden Blvd. $360.00
f
Central Library 500 W 3rd St. Simplex 4100-8201 $360.00
Chisholm Trail Community 4936 McPherson Blvd $360,00 !!!I
Center
City Hall 200 Texas St Simplex 4100-8001 $840.00
Commerce Street Parking $300.00
Garage 1301 Commerce Street
Community Center Fellowship $240.00
Comer 1601 New York Ave. l
Como Community Center 4900 Horne St. $600.00
Como Pump Station 5921 BlackmoreAve. $240.00 I
_ i
Convention Center Houston
Street,Parking Garac3e 1200 Houston St.
$240.00
Diamond HIII Community {
Center 1701 NE 37",Street $300.00 jl
Diamond HIII Library 1300 NE 05lh Street Simplex $300,00
E Berry Library 4300 E Berry Silent Knight $300.00
Thom M-200 Fire
Eagle Mountain Admin 6801 Bowman Roberts Rd Quest $360.00
Eagle Mountain Electrical/Bldg
1 6801 Bowman Roberts Rd Grinnell C-6000 $360.00
Eagle Mountain Electrical// $360.00
Bldg 2 6801 Bowman Roberts Rd Grinnell C-6000
Thorn M-200 Fire $360.00
Ea le Mountain Ozone Area 6801 Bowman Roberts Rd Quest _
East Regional Library 6301 Bridge Street _ Firelite $300.00
Harrington HS3400
i
(Primary)/Silent $240.00
Environmental Collection Knight 5207
Center 6400 Bridge St. (Secondary) i
eSkills Library
_ 2800 Stark Street $300.00
Eugene McCray Community $360.00
Center 4932 Wilbar er
Field Op erations Facility 1608 11rr'Ave. Gentax System Op
Field Operations Waste Water New System To Be $360.00 +I
Facility_ 2201 W.Dag at Ave. Installed
Fire Station 5 850 Irma Street 1 $400.00
Fire Station 8 1101 121�Ave $360.00
ITS 20-0044 Fire Aarm Services
Page 32 of 05
Contract for Services 10 of23
i!�",x ab�Z ¢'�mr r i•4 r e2h=G� b) � rt � �• +h AiJIV,UAL'
ULD�NGSSERVIC�P �fY, APPRESS 7 ��1a $�LARMTYPE
INSPECTION
Fire Station 11 _ 1900 Texan Dr. $400.00
Fire Station 17 5151 Hemphill St. $400.00
Fire Station 27 2940 Precinct Line Rd. $400.00
Fire Station 34 14101 Sendera Ranch Blvd. $400.00
Fire Station 38 13280 Park Vista Blvd _ $360.00
Fire Station 39 7655 Oakmont Blvd $360.00
Fire Station 41 11400 Willow Springs Rd $400.00
Fire Station 42 450 E.Randon Crowley Rd _ 0.a
Fire Station#80/Burnett/R Bass 3316 Burnett Tandy Dr. Simplex 2001 $600.00
Fire Station Community Center 1601 Lipscomb St. $240.00
FW Convention Center 1201 Houston St. Siemens VLM-1 $2,720.00
FW SCADA 1511 11'^Ave, Sensiscan 1000 S600.00
Gateway Park 4501 E.I$'Street $300.00
Golden Triangle Library 4264 Golden Triangle Blvd $300.00
Gordon Swift 900 Monroe $300.00
Greenbrier Communl!y Center 5200 E Hemphill St. $360.00 I
Guinn Business Assistance I
$240,00
Center 1150 South F . }
Guinn Idea Works 600 E.Rosedale St $360.00 J
Guinn Tech Fort Worth 1120 South F 3
Handley Meadowbrook $480.00
Corrilnunity Center 6201 Beaty St.
Hazel-Nerve Peace 818 Missouri Ave. 3 $240.00
Highland Hills Community $300.00 i
Center 1600 Glasgow Rd.
Hillside Community Center 1201 E.Maddox $300.0
Houston Street Garage 1200 Houston St. 76102 $360.00
i
James Ave Faciities&TPW 5001 James Ave. __Edwards EST-2 $240.00
James Ave Service Center 6021 James Ave. 450.00
McCart Pump Station 8889 McCarl $240.00
McCray Community Center 4932 Wilbar er St. Notifter AFP100 $240.00
McLeland Tennis Center 1600 W Seminary Dr. $300.00 I
Meadowbrook Golf Course 1819 Jensen Rd $240.00
Meadowbrook Library 2800 Slarlk St. Silent Knight $300.00 '
Meadowbrook Maintenance $240.00
Building 1819 Jensen Rd
MLK Community Center 5565 Truman Or. $480.00
Moncrief Building 3201 Burnett Tandy Dr. Edwards $720.00
Multi-Purpose Buildinq 1601 WR Watt Dr. Semens _ $360.00
Municipal Taylor Parking $300.00
Garage 913 Taylor Street
North 6th Patrol Divisions $1,360.00
Police Facili 8766 North Riverside Drive
North Drop Off Station(Gate $240.00
House) 301 Hillshire Dr.
North Holly Chlorine Buildin 1511 11'"Ave. Faraday MPC-2000 $600.00
ITB 20-0044 Fire Alarm Services
Pago 33 of 65
Contract for Services 11 of23
BUILDINGS SERVICED ADDRESS ALARM TYPE ANNUAL
_. I 'INSPECTION,:
North Service Center(NSC) $480.00 I
Administration Buildin j 309 Hillshire
North Service Center(NSC) $480.00
Fleet Building 317 Hillshire
North Service Center(NSC) $480.00 j
Fuel Island&TPW Storage 317 Hillshire
North Tri-Ethnic Community I $300.00
Center 2950 Roosevelt Ave.
Northside Communi!y Center 1100 NW 18th St. $600.00
Northside Library 601 Park Street $360.00
Northside Pump Station 3216 Azle $240.00 i
Northwest Library 6228 Crystal Lake Dr. $800.00 }
Pavilion 1591 Rip Johnson Dr. Semens $360.00 {
Pecan Valley Golf Course 6400 Pecan Valley Dr. _ 480.00
Pecan Valley Maintenance $480.00
Building 6400 Pecan Valley Dr.
Police Aviation Facility 310 Gulf Stream Rd. Firelite $360.00 f
Police Crime Lab 3616 E.Lancaster Ave. $1,500.0
Police KXAS 3900 Barnett St. $1,500.00
Police Mounted Patrol 1001 N.Las Vegas Trail $400.00
Police Nashville 1100 Nashville Ave. $1,500.00 j
Public Safe! Building 1000 Throckmorton Simplex 4100.8001 $480.00
Public Safety Training Center $480.00
Admin Bob Bolen 505 W.Felix St. Simplex 4100-8001
Public Safety Training Center $480.00 r
Fire 509 W.Felix St. l
Public Safely Training Center
Police 511 W.Felix St. $480,00
Puplic Safety Training Center $300.00
Wea ons Ran a 511 W Felix St.
R.D.Evans 3242 Lackland Road $360.00
Rid lea Library 3628 Bemle Silent Kni ht $300.00
Riverside CoamunityCenter 3700 E.Belknap $480.00
Riverside Library 2913 Yucca Ave. $360.00
Rockwood Golf Course 1851 Jacksboro H 360.00 I
Rockwood Maintenance $360.00
Building 1861 Jacksboro Hwy _
System 3 Universal 11
Alarm
Control/Carberus $600.00
Rolling Hills Chlorine Lab 2600 SE Loop 820 Pryotronics
Fire-Lite Alarms MS $600.00
Rollina Hills Laboratory 2600 SE Loop 820 9200
SeminaryLibra 501 E.Bolt Street $
Sendera PumpStation 14392 John Da Rd $3000.0.00
00
Shamblee Llbrag 1062 Evans Ave. $600.00
South Holly Chlorine Building 1511 11th Ave. Faraday MPG-2000 6000
0
Southside Community Center 959 E Rosedale St. $300.00
Southside Service Center Fleet $360.00
Building 4100 Columbus Trail Edwards 5721
ITS 20.0044 Fke Alarm Services
Page 34 of 65
Contract for Services 12 of23
ANNUAL. ,
BUILDINGS SERVICED ADDRESS ALARM TYPE 'INSPECTION`
Southwest Community Center 6300 Welch Ave. $300.00
Southwest Munici al Court 3741 SW Loop 820 $1,500.0
Southwest Regional Library 4001 Library Lane Edwards $300.00
Summer glen Library 4205 Basswood _ Edwards EST-2 $300.00
I
Sycamore Community Center 2525 E.Rosedale $360.00
Taylor Street Garage 913 Taylor St.,76102 $300.0
Thomas Place Community $300.00
Center 4237 Lafa elte Ave. i
Victory Forest Community $300.00
Center 3427 Hemphill St.
Village Creek Waste Water $300.00
GDS 4500 Wilma Ln.,Arlin ton Simplex 4002
Village Creek Waste Water Edwards 5751 B/MS— $300.00
302 4500 Wilma Ln.,Arlington 4FIre Lite
Simplex Grinnell 7200
Village Creek Waste Water IFP-501 Silent Knight $300.00
Admin Bldg. 4600 Wilma Ln.,Ariln_gton Poyyrt PDN 103
Village Creek Waste Water Simplex 4001/ $300.00
Boiler Bldg, 4500 Wilma Ln.,ArIlEIgto
n Honeywell IFP-75
Village Creels Waste Water $300.00
Control Room 4500 Wilma Ln.,Arlington EST ARC No-2585-A
Village Creek Waste Water Simplex 4005 IFO-100 $300.00
Compressor 4500 Wilma Ln.,Arlington Silent Knight
Walsh Ranch Pump Station 8000 East 1-20,Aledo $240.00
Water Service Center 2222 West Dag et $360 00
Western Heritage Parking $480.00
Garage 1400 Gend Street f
Wesiside Pump Station 12200 Old Weatherford Rd $3,480.0
Wed ewood Library 3816 Kimberly Ln. _ $360,00
Will Rogers Auditorium 3401 W.Lancaster Sim Alex 4002 $600.00 !
i
Worth Heights Community $300.00
Center 3551 New York Ave.
Zipper Bull din 275 W 13th Fire Cheetah $480.00 ;
TOTAL(Place on Bid Offer Sheet Line Item 1)
$59,830.00
I
r
1
1
i
ITS 20-0044 Fire Alarm Services
Page 35 of 65
Contract for Services 13 of23
EXHIBIT B
GENERAL TERMS AND CONDITION
SECTION A
DEFINITIONS,PROCEDURES AND INTERPRETATIONS
A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant al I ofthewritten and drawn documents se tti n g
forth orafiecting the rightsofthe parties,including butnot necessarily limited to,theAgreement, Notice to Bidders, Proposal,
General Conditions,Special Conditions,Specifications,Plans,Bonds and all Addenda,Amendmentssigned by all parties,Change
Orders,written Interpretations and any written Field Orderfor aminorchange in the Work
A-2 WORK: Bythe term Work is meant all labor,supervision,materialsand equipmentnecessaryto be used or incorporated
in order to produce the construction required by Contract Documents.
A-3 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documentswill be executed infouroriginals, with al I
required attachments,including required bonds and insurance certificates,by the Contractor and the Owner in such form as may be
prescribed bylaw and returned to the Ownerwithin ten businessdaysof notification to Contractor. Failure to execute contracts and
provide required enclosureswill be groundsfor revocation of award and taking of Bid Bond.
A-4 FAMILIARITY WITH PROPOSED WORK: Before executing the Agreement,the Contractorwill examine carefully the,
plans,specifications,special provisions,and the form ofcontract to be entered into forthe workcontemplated. He will examine the
site ofwork and satisfy himself asto the conditionsthat will be encountered relating to the character,quality and quantity ofwork to
be performed and materialsto be furnished.
Claimsforadditional compensation dueto variations between conditionsactually encountered in construction and as indicated by
the pkanswill not be allowed.
A-5 CORRELATION AND INTENT. In general,thedrawingsindicate dimension,locations,positions,quantities,and lands of
construction;the specifications indicate the quality and construction procedures required. Workindicated on the draw ngs and not
specified of vice-versa,will be furnished asthough set forth in both. Worknot detailed,marked orspecified will be the same as
simiIarpartsthatare detailed,marked or specified. If the drawings are in conflict or conflict with the specificationsthe better quality
or greater quantity or work or materials will be estimated and will be furnished or included. Dimensions on drawings will take
precedence oversmall-scaledrawings. Drawingsshowing locations ofequipment,piping,ductwork,electrical apparatus,etc., are
diagrammatic andjob conditions may not allow installation in the exactlocation shown. Relocation will not occur without the
Owner's approval.
A-6 AGE: In accordance with the policy("Policy')ofthe Executive Branch ofthe federal government,Contractor covenantsthat
neither it norany of its officers,members,agents,employees,program participantsor subcontractors,while engaged in performing
thiscontract,will,in connectionwiththe employment advancement ordischargeofemployeesorin connection with the terms,
conditions or pri vi I eges of their em pl oyment,discri minate against persons because of their age except on the basis of a bona fide
occupational qualification,retirementplan orstatutory requirement.
Contractorfurthercovenantsthat neitherit noritsofficers,members,agents,employees,subcontractors,program participants, or
persons acting on their behalf,will specify,in solicitationsor advertisementsforempl oyeesto work on thiscontract,a maximum age
limit forsuch employment unlessthe specified maximum age limit is based upon a bona fide occupational qualification,retirement
plan orstatutory equipment.
Contractorwarrants it will fullycomplywith the Policy and willdefend,indemnify and hold City harmless a ain st any cl ai ms or
al I egati ons asserted by third parties or subcontractor against City arising out of Contractors and/or its subcontractors'alleged failure
to comply with the above referenced Policy concerning age discrimination in the performance of this agreement.
A-7 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor
warrants that it and any and all of itssubcontractorswill not unlawfully discriminate on the basisof disa b i I ity i n the p ro visi on of
services to the general public,nor in the availability,termsand/or conditions of em pi oyment for applicants for employment with, or
employees of Contractor or any of its subcontractors.Contractorwarrants it will fully comply with ADA provi si ons and any other
applicable federal,state and local lawsconceming disability and will defend,indemnify and hold City harmlessagainst any claimsor
allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged
failure to comply with the above-referencedlawsconceming disability discrimination in the performance ofthisagreement.
SECTION B
OWNER
B-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives
in the manner provided bylaw. Authorized representatives includethe City Manager,Assistant City Manager,and Director of the
Public Events Department and members ofthe FacilitiesManagement Division.A designated representative will be identified from
within the Facilities Management Division to act asa point of contactforday-to-daycontract administration.
Contract for Services 14 of23
B-2 ACCESS TO JOB SITE: The Owner will at all times will have access to the Work whenever it is in preparation and
progress. The Contractorwill provide facilities for such access so the Owner may perform its assigned functions under the Contract
Documents.
B-3 PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves with the progress and
quality of the Workand to determine ifthe workis proceeding in accordancewith the Contract Documents. On the basisof on-si to
observationsand reports conceming the progressand quality of the work the Ownerwi II approve and authorize th a Co n tra ctor's
appli cab ons for payments.
B-4 AUTHORITY TO STOP WORK: The City will have authority to reject workthat doesnot conform to the Scope of Work.
Whenever,in itsreasonable opinion,the City considersit necessary or advisable in orderto insure the pro pe r realization of the
intent of the Scopeof Work the Citywill have authority to require the Contractorto stop the work orany portion thereof,orto require
special inspection ortesting of the Workwhetherornot such Work be then fabricated,installed orcompleted.The Contractorwill be
responsible forthe cost of special inspectionsand testing forworkthat is found not to complywiththe Contract Documents.
SECTION C
CONTRACTOR
C-1 IDENTIFICATION: The Contractor isthe person or organization identified assuch in the Contract.The term Contractor
meansthe Contractororhisauthorized representative.
C-3 REVIEWOF CONTRACT DOCUMENTS: The Contractorwill carefully study and compare the Agreement,Conditions of
the Contract,Drawings,Specifications,Addenda and modifications and will at once report to the Owner any error,inconsistency or
omission he may discover. The Contractor will do no work without approved Submittals, Drawings, Specifications and
Interpretations.
C-4 SUPERVISION: The Contractorwill supervise and direct the Work using reasonable skill and attention.He will be solely
responsible for alI construction means,methods,safety,techniques,sequencesand proceduresand for coordinating all portions of
the Work underthe Contract Documents.
C-5 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor will provide and pay for all labor,
materials,equipment,tools,construction equipmentand machinery,transportation and other facilities and services necessary for
the properexecution and completion of the Work
The Contractorwill use itsreasonable best effortsto hire local laborers,workmen and materialmen.The general condition is n of to
be constructed as limiting the right of the Contractorto employee laborers,workmen ormaterialmen from outside local area.
The Contractorwill at all timesenforce strict discipline and good orderamong his employees,and will not employ on the Wo rk a ny
unfit person oranyone not skilled inthe taskassigned to him.
C-6 COMPLIANCEWITH AND ENFORCEMENT OF PREVAILING WAGE RATE
Duty to pay Prevailinci Wage Rates. The Contractor will comply with all requirementsof Chapter 2258,TexasG o ve rn men t Code
(Chapter 2258),1 ncl uding the payment of not lessthan the rates determined by the City Council of the City of Fort Worth to be the
prevailing wage rates in accordance with Chapter2258. Such prevailing wage ratesare included in these contract documents.
Penalty for Violation. A contractor or any subcontractorwho does not pay the prevailing wage will,upon demand made by the City,
pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid lessthan the prevailing
wage rates stipulated in these contract documents. This penalty will be retained by the City to offset its administrative costs,
pursuant to TexasGovemment Code 2258.023.
Complaintsof Violationsand City Determination of GoodCause. On receiptof information,includi ng a complaint by a worker,
concerning an alleged violation of 2258.023,TexasGovemment Code,by a contractor or subcontractor,the Citywikl make an initial
determination,before the31s'day afterthe date the City receivesthe information,asto whethergood cause existsto bel ieve that
the violation occurred. The City will notify in writing the contractor or subcontractor and any affected worker of its initial
determination. Upon the City'sdetermination that there is good cause to believe the contractor or subcontractor has violated
Chapter2258,the City wiII retain the fulI amounts claimed by the claimant orckaimantsasthe difference between wages paid and
wages due under the prevailing wage rates,such amounts being subtracted from successive progress payments p e n d i ng a final
determination oftheviolation.
Records to be Maintained. The Contractor and each subcontractor will, for a period of three (3)yearsfollowing the date of
acceptance of the Work,maintain records that show(I)the name and occupation of each worker employed bythe Contractorin the
construction of the Work provided for in this contract;and(ii)the actual per diem wages paid to each worker. The record s wi I I be
open at all reasonable hoursfor inspection by the City. The provisionsof the Audit section of these contract documentsvfill pertain
to thisinspection.
Pay Estimates. With each partial payment estimate or payroll period,whichever is less,the Contractorwill submit an affidavit
stating that the Contractor has complied withthe requirementsof Chapter2258,Texas Government Code.
Contract for Services 15 of23
Subcontractor Compliance. The Contractor will include in its subcontracts and/orwiII otherwise require a]Iof its subcontractors to
comply with paragraphs(a)through(g)above.
On projects where special wage rates apply(e.g.Davis-Bacon)the Contractor agrees to meet all requirements of such programs.
C-7 TAKES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction,Excise and Use Tax.
Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11,enacted August 15,
1991.
C-8 SUPERINTENDENT: The Contractor will employ a competent superintendent and necessary assistants who will be in attendance at
the Project site during the progress of the Work.The superintendent will be satisfactory to the Owner. The superintendent will represent the
Contractor and all communications given to the superintendent will be binding as if given to the Contractor.Important communications will be
confinned in writing.Other communications will be so confirmed on written request in each case.
C-10 PROGRESS SCHEDULE: The Contractor,immediately after being awarded the contract,will prepare and submit for the Owner's
approval,an estimated progress schedule for the Work. The progress schedule will be related to the entire Work and indicate critical path.This
schedule will indicate the dates for the starting and completion of the various states of construction and will be revised as required by the
conditions of the Work,subject to the Owner's approval. It will also indicate the dates for submission and approval of shop drawings and
submittals as well as the delivery schedule for major pieces of equipment and/or materials.
The Contractor will submit an updated progress schedule to the Owner at least monthly for approval along with the Contractor's monthly
progress payment requests.
C-11 SITE USE: The Contractorwi I I confi ne operations at the si te to areas permitted by I aw,ord i n an ces, permitsand the
Contract Documents and will not unreasonably encumberthe site with any materials orequipment.Until acceptance of the Work by
the City,the entire site of the WorkwiII be under the exclusive control,care and responsibility of the Contractor.Contractorwill to ke
every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever.
The Contractorwill rebuild,repair,restore and make good at his own expenses all injuriesordamagesto any portions of the Work
occasioned by any of the above,caused before acceptance.
C-12 CUTTING AND PATCHING OF WORK: The Contractor will do all cutting,fitting or patching of his Work that may require
making its several parts fit together properly,and will not endanger any Work by cutting,excavating or otherwise altering the Work or any part of
it.
C-13 CLEANUP: The Contractor at all times will keep the premises free from accumulation ofwaste materials orrubbish.At the
completion of the Work lie will remove all his waste materials and rubbish from and about the Work as well as all his tools,construction
equipment,machinery and surplus materials,and will clean all glass surfaces and leave the Work"Broom-clean"or its equivalent,except at
otherwise specified. in addition to removal of rubbish and leaving the buildings"broom-clean",Contractor will clean all glass,replace any
broken glass,remove stains,spots,marks and dirt from decorated work,clean hardware, remove paint spots and smears from all surfaces, clean
fixtures and wash all concrete,tile and terrazzo floors.
If the Contractor fails to clean up,the Owner may do so,and the cost thereof will be charged to the Contractor.
C-14 COMMUNICATIONS: The Contractor will forward al I communications to the Owner.
SECTION D
MISCELLANEOUS PROVISIONS
D-1 PERFORMANCE BOND: A Performance Bonds is required on all City contracts in excess of$100,000.00. The
Contractor agreesthat prior to the execution of this Agreement,the Contractorwill make,execute,and deliverto said City good and
sufficient a performance bond for the faithful performance of the terms and stipulations of the Contract,such bonds being as
provided and required by Section 2253 of the Texas Government Code, as amended, in the form included in the Contract
Documents,and such bond will be 100 percent of the total contract price,andthe said suretywill be a surety company duly and
legally authorized to do businessin the State of Texas,and acceptable to the City Council of the City of Fort Worth.
BondswiII be made on the forms furnished by or otherwise acceptable to the City. Each bond will be properly executed by both the
Contractor and the Surety Company. Boncisrequired by the City will be in compliance with all relevant I o ca 1, state ancifederal
statutes.
To bean acceptable surety on the bond the name of the surety should be included on the current U.S.Treasury List ofAccepta b I e
Securities[Circular 570],and must be authorized to do business in Texas. Sureties not listed inCircular570 may write performanee
and payment bonds on a project without rei nsura nce to the limit of 10 percent of its capital and surplus.
Such a surety must reinsure any obligation over 10 percent.The amount in excessof 10 percent must be reinsured by reinsurers
who are duly authorized,accredited,ortrusteed to do business in the State of Texas.
Should any surety forthe contracted projectbe determined unsatisfactory at any timeduring same,the Contractorwill immediately
provide anew surety bond satisfactory to the City.
D-2 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance
with the Contract Documents or fails to perform any provision of the Contract,the Owner may,without prejudice to any other remedy he may
Contract for Services 16 of23
have,enter the site and make good such deficiencies. In such case an appropriate Change Order will be issued deducting from the payments then
or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the Owner's additional services made necessary by
such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contract will
pay the difference to the Owner.
D-3 ROYALTIES AND PATENTS: The Contractorwill pay all royalties and license fees. He will defend all suits or claims for
infringement of any patent rights and will save the Owner harmless from loss on account thereof and will be responsible for all such loss when a
particular design,process or the product of a particular manufacturer or manufacturers is specified; however, ifthe Contractor has reason to
believe that the design,process or product specified is an infringement of a patent,he will be responsible for such loss unless he promptly gives
such information to Owner.
D-4 TESTS: If the Contract Documents,Laws,Ordinances, Rules,Regulations or Orders ofany public authority having jurisdiction
require any Work to be inspected,tested or approved,the Contractor will give the Owner timely notice of its readiness and the date arranged so
the City may observe such inspection,testing or approval.The Owner will bear all costs of such inspection,tests and approvals unless otherwise
provided.
If after the commencement of the Work,the Owner determines that any work requires special inspection,testing or approval not included above,
the Owner,will instruct the Contractor to order such special inspection,testing or approval,and the Contractor will give notice as required in the
preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply(1)with the requirements of the Contract
Documents or(2)with respect to the performance of the Work,with Laws,Statutes,Charter,Ordinances, Regulations or Orders of any public
authority having jurisdiction,the Contractor will bear all costs thereof; otherwise the Owner will bear such costs,and an appropriate Change
Order will be issued.
The Contractor will secure a certificate of inspection,testing or approval,and three copies will be promptly delivered by him to the Owner.The
Owner will review the certificates and forward one copy of each with his recommendation(s)to the Owner.
If the Owner wishes to observe the inspections,tests or approvals required by this Section,they will do so promptly and,where practicable, at the
source of supply.
The observations of the Owner in their administration of the Construction Contract,rtor inspections,tests or approvals by persons other than the
Contractor will relieve the Contractor fiorn his obligations to perform the Work in accordance with the Contract Documents.
D-5 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor will perform the Work under this Contract with a
minimum of outage time for all utilities.Interruption will be by approved sections of the utility.In some cases,the Contractor may be required to
perform the Work whilcthe existing utility is in service.Theexisting utility service may be interrupted only when approved by the Owner.When
it is necessary to interrupt the existing utilities,theContractor will notify the Owner in writing at least ten days in advance of the time that he
desires the existing service to be interrupted.The interruption timewill be kept to a minimum.Depending upon the activities at an existing
facility that requires continuous service from the existing utility,an interruption may not be subject to schedule at the time desired by the
Contractor.In such cases, the interruption may have to be scheduled at a time of minimum requirements of demand for the utility.The amount of
time requested by the Contractor of existing utility services will be as approved by the Owner. Owner may not ask that the utility stay in service
while Work is performed if the system is not designed to operate in this manner.
D-6 LAYING OUT WORK: The Contractor will verify dimensions and elevations indicated in layout of existing work.Discrepancies
between Drawings,Specifications,and existing conditions will be referred to the Owner for adjustment before work affected is performed.
Failure to make such notification will place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the
Contractor's sole expense.
The Contractor will be held responsible for the location and elevation of all the construction contemplated by the Construction Documents.
Prior to commencing work,the Contractor will carefully compare and check all Architectural,Structural,Mechanical an Electrical drawings;
each with the other that in any affects the locations or elevation of the work to be executed by him,and should any discrepancy be found,he will
immediately report the same to the Owner for verification and adjustment.Any duplication of work made necessary by failure orneglect on his
part to comply with this function will be done at the Contractor's soleexpense.
D-7 MEASUREMENTS: Before ordering any material or doing anywork,the Contractorwill verify al I measure men ts at the
site or at the building and will be wholly responsible forthe correctness of same.
No extra charge or compensation will be allowed on account of any difference between actual dimensions and di mensions i ndicated
on the drawings. Any difference that may be found will be submitted to the Owner for consideration and adjustment before
proceeding with the project.
D-8 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor will carefully check the site where the project is to be
erected and observe any existing overhead wires and equipment.Any such work will be moved,replaced orprotected, as required, whether ornot
shown or specified at the Contractors sole expense.
Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings.All
reasonable precautions will be taken to preserve and protect any such improvements whether or not shown on the Drawings.
Location of existing underground lines,shown the Drawings are based on the best available sources,but are to be regarded as approximate only.
Exercise extreme care in locating and identifying these lines before excavation in adjacent areas.
Contract for Services 17 of23
D-9 INTEGRATING EXISTING WORK: The Contractor will protect all existing interior and exterior of the building structures from
damages,including,but not limited to,power,water,and wet/dry systems.
Contractor's operations will be confined to the immediate vicinity of thenew work and will not in any interfere with or obstruct the ingress or
egress to and from existing adjacent facilities.
Where new site work is to be connected to existing work,special care will be exercised by the Contractor not to disturb or damage the existing
work more than necessary. All damaged work will be replaced,repaired and restored to its original condition at no cost to the Owner.
D-10 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents,whether expressly stated ornot,
that nothing containing hazardous materials,such as asbestos, will be incorporated in to the project. The Contractorwi I I exercise
every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project,
including advising all materials suppliers and subcontractors of this requirement. The Contractor will verify that components
containing lead do not contact the potablewater supply.
D-11 LOCATION OF EO UIPMENT AND PIPING: Drawing showing location of equipment,piping,ductwork,etc.are diagrammatic
and job conditions may not always permit their installation in the location shown.When this situation occurs,it will be brought to the Owner's
attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items
without first obtaining the Owner's approval.He will remove and relocate such items at his own expense if so directed by the City.Where
possible;uniform margins will be maintained between parallel lines and/or adjacent wall,floor or ceiling surfaces.
D-12 OVERLOADING: The Contractor will be responsible for loading of any part or parts of structures beyond their sale carrying
capacities by placing of materials,equipment,tools,machinery or any other item thereon.No loads will be placed on Boors or roofs before they
have attained theirpenmanent and sate strength.
D-13 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials,products,processes, equipment,
or the like be installed or applied in accordance with manufacturer's instructions,direction or specifications, or words to this eBect, it will be
construed to mean that said application or installation will be in strict accordance with printed instructions famished by the manufacturer of the
material concerned for use under conditions similar or those at the job site.Six copies of such instructions will be famished to the Owner and
approval thereof obtained before work is begun.
D-14 CLEANING UP: The Contractor will keep the premises free from accumulation of waste material or rubbish caused by employees
or as a result of the Work.
1. Cleaning,polishing,sealing,waxing and all other finish operations indicated on the Drawings or required in the Specifications will be taken
to indicate the required condition at the time of acceptance of all work under the Contract.
2. Burning:Burning of rubbish on the premises will not be permitted.
D-15 DUST CONTROL: Precaution will be exercised at all times to control dust created as a result of any operations during the
construction period.If serious problems or complaints arise due to air-bome dust,or when directed by the Owner,operations causing such
problems will be temporarily discontinued and necessary steps taken to control the dust.
D-16 Reserved:
D-17 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated,such work will be neatly
sawed or cut by Contractor in a manner that will produce a neat straight line,parallel to adjacent surfaces or plumb for vertical surfaces. Care
should be exercised not to damage any work that is to remain.
At no time will any structural members be cut without written consent from the Owner.
D-18 PROJECT CLOSEOUT
Maintenance Manual:Sheets will be 8%z"x 11,except pull out sheets may be neatly folded to 8%s"x 11".Manuals will be bound in plastic
covered, 3 ring,loose leaf binder with titleof project lettered on front and will contain:
1) Complete maintenance instructions; name, address, and telephone number of installing Contractor,manufacturer's local representative,for
each piece of operative equipment.
Submit two digital electronic copies and one hard copy of Maintenance Manuals,prior to request for final payment.
Operational Inspection and Maintenance Instruction:The Contractor will provide at his expense,competent manufacturer's representatives to
completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications.This requirement will be
scheduled just prior to and during the initial start-up.ABer all systems are functioning properly the representatives will instruct maintenance
personnel of the Owner in the proper operation and maintenance of each item.
D-19 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment,one print of each of the drawings
accompanying this specification will be neatly and clearly marked in red by the Contractor to showvariations between the construction actually
provided and that indicated orspecified in the Contract Documents. The annotated documents will be delivered to Owner.Where a choice of
materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or
Contract for Services 18 of23
specified are permitted either by award of bidding items specified for that purpose,or by subsequent change to the drawings,the record drawings
will define the construction actually provided.The representation of such variations will conform to standard drafting practice and will include
supplementary notes,legends and details which may be necessary k)r legibility and clear portrayal of the actual construction.The record
drawings will indicate,in addition,the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances.
D-20 PRODUCT DELIVERY,STORAGE,HANDLING: The Contractorwill handle,store and protect materials and products,
including fabricated components,by methods and means which will prevent damage, deterioration and loss,including theft(and resulting delays),
thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at
project site prior to installation.
D-21 REMOVAL OF SALVAGED MATERIAL: The Contractor will remove salvaged material and equipment from the Project site and
dispose ofit in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage will be carefully
removed and delivered to the Owner at any location in within the City limits as directed by the City.
D-22 MANUFACTURER'S REFERENCE: Catalog,brand names,and manufacturer's references are descriptive,not restrictive. Bids on
brands of like nature and quality will be considered.Contractor will inform the City of any substitutions intended for the project within 5 business
days of bid opening. Failure to infonn the City of substitute products will obligate the Contractor to provide the specified material if awarded the
contract. Within 14 days after bid opening and upon request of the Contractor,the Contractor will submit a full sized sample and/or detailed
information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as"no
substitute accepted'; the City will accept no alternates to the specified equipment.
SECTIONE
CONTRACT TIME
E-1 DEFINITIONS
The Contract Time is the period oftime allotted in the Contract Documents for completion of the Work and is the number of calendar days
elapsing between the date ofcommencement and the date of Substantial Completion plus additional days assessed for failure to complete punch
list items from the Final Inspection in a timely manner and additional weather days beyond what is allotted in the contract.
The Date of Commencement of the Work is the date established in the Notice to Proceed.If there is no notice to proceed, it will be the date of the
Agreement or such other date as may be established therein.
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Owner with the approval ofthe Owner
that construction is sufficiently complete,in accordance with the Contract Documents,so the Owner may occupy the Work or designated portion
thereof fir the use for which it is intended.Final acceptance of the completed work or any portion thereof can be made only by the Owner, and no
other form of acceptance will be binding upon the Owner.
A Calendar Day constitutes 24 hours of time and is any one of the seven days of aweek, including Sunday,regardless of whether a"Working
Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time will be in
accordance with this Section.
A Workine Day is defined as a calendar day,not including Saturdays,Sundays,and legal holidays,in which weather or other conditions not
under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m.and
6:00 p.m.However,nothing in these Contract Documents will be construed as prohibiting the Contractor from working on Saturdays if he so
desires.Legal holidays for the City of Fort Worth are defined as being New Year's Day,Independence Day,Labor Day,Thanksgiving Day,and
the day after Thanksgiving,Christmas Day,Memorial Day and Martin Luther King Jr.Day.
E-2 NO DAMAGE FOR DELAY: No payment,compensation or adjustment or any kind(other than the extensions of time provided for)
will be made to the Contractor for damages because of hindrances or delays from an cause in the progress of the work,whether such hindrances
or delays be avoidable or unavoidable,and the Contractor agrees that he will make no claim for compensation,damages or mitigation of
liquidated damages for any such delays,and will accept in full satisfaction for such delays said extension oftime.
SECTION F
PROTECTION OF PERSONS AND PROPERTY
F-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor will be responsible for initiating, maintaining and
supervising all safety precautions and programs in connectionwith the Work The Contractorwill designate a responsible member of
his organization at the site whose duty will be the prevention of accidents.This person will be the Contractor's suped ntendent unless
otherwise designated inwriting by the Contractorto the Owner.
F-2 SAFETY OF PERSONS AND PROPERTY: The Contractorwill take all reasonable precautionsforthe safety of,and wi I I
provide all reasonable protection to prevent damage,injuryorlossto:
(1) All employees on the Work and all other personswho maybe affected thereby;
(2) All the Work and all materialsand equipmentto be incorporated therein,whetherin storage on or-off the site,underthe care,
custody or control of the Contractor orany of his Subcontractors orSub-contractors;and
Contract for Services 19 of23
(3) Other property at the site or adjacent thereto, including trees, shrubs, lawns,walks,pavements, roadways, structures and
utilitiesnot designated forremoval,relocation orreplacement in thecourse of construction.
Until acceptance of the Work,itwill be underthe chargeand care of the Contractor,and hewill take every precaution
against injury ordamage to the Workby the action of the elementsorfrom any othercause whatsoever,whetherarisi ng from th e
execution orfrom the non-execution of the Work The Contractorwill rebuild,repair,restore and make good,at hisown expense,all
injuries ordamagesto any portion of theWorkoccasioned by any of the above,caused before itscompletion andacceptance.
The Contractorwill complywith all applicable Laws,Ordinances,Rules,Regulationsand Ordersof any pubIicauthority having
jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He will erect and maintain,as
required by existing conditionsand progressof the Work,all reasonable safeguards for safety and protecti on, i ncludi ng posti ng
danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent
utilities.
All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor,any
Subcontractor,oranyonedirectlyorindirectlyemployed by any of them,orby anyone forwhose actsany of them maybe liable,will
be remedied by the Contractor,including damage or loss attributable to faulty Drawings or Specifications and actsoromissions of
the Owneror anyone employed by him orforwhose actshe may be liable,and not attributableto the fau It o r neg li ge nce of th e
Contractor or anyone claiming throughthe Contractor for such damage orloss.
The Contractorwill not load orpermit any part of the Workto be loaded so asto endanger itssafety.
F-3 EMERGENCIES: In any emergency affecting the safety of persons or property,the Contractorwill act at his discretion to
prevent threatened damage,injury or loss.Any additional compensation or extension of time claimed by the Contractoron acco u n t
of emergency workwil I be determined as provided in Changes in the Work
F-4 SAFE WORK PRACTICES: The Contractor will employ safe practices in handling materials and equipment used in
performing required workso as to insure the safety of his workmen,City employeesand the public. The Contractor will keep the
premise free at all timesfrom accumulation of waste materials or rubbish. At the completion of the work,the Contractorwill remove
all hiswastes and rubbish from and about theworkarea,as well as his tools,equipment and surplus materialsand will leave the
area as clean and free of spot,stains,etc.,as before the workwas undertaken.
SECTION G-INSURANCE
G-1 INSURANCE REQUIRED: The Contractor will not commence work under this Contract until he has obtained all
insurance required under this Section and such insurance hasbeen approved by the City of Fort Worth,norwill the Contractorallow
any Subcontractorto commence workto be performed underthis Contract until all similarinsuranceof the Subcontractor has been
so obtained and approved. The City of Fort Worth will be listed as an "additional insured"on all policies except Worker's
Compensation.
G-2 WORKERS'COMPENSATION INSURANCE
1) General:
a) Contractor's Worker's Compensation Insurance. Contractor ag reesto provide to theOwner(City)a certificate showing
that it has obtained a policy of workers compensation insurance covering each of itsemployeesemployed on the project
in compliancewith state law. No Notice to Proceed will be issued until the Contractor has complied with thissection.
b) Subcontractor'sWorker's Compensation Insurance. Contractor agrees to require each and every subcontractorwho wi I I
perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy
of workers compensation insurance covering each employee employed on the project. Contractorwill not perm it any
subcontractor to perform work on the project until such certificate has been acquired. Contractorwill provide a copy of al I
such certificatesto the Owner(City).
c) By signi ng this Contract or providi ng or causing to be provided a certificate of coverage,the Contractor is representi n g to
the City that all employees of the Contractor who will provide services on the project will be covered by worker's
compensation coverage forthe duration of the project,that the coverage will be based on proper reporting of classification
codesand payroll amounts,and thatall coverage agreementswill be filedwith theappropriate insurance carrieror,in the
case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation.
Providing false or misleading information may subject the Contractorto administrative penalties,criminal penalties, civil
penalties or other civiI actions.
d) The Contractor'sfailure to complywith any ofthese provisionsisa breach ofcontract bythe Contractorwhich entitlesthe
Cityto declare the contract void if the Contractordoes not remedy the breachwithintendaysafterreceipt of notice of
breach from the City.
2) Definitions:
a) Certificate of Coverage("certificate'). A copy of a certificate of insurance,a certificate of authority to self-insure issued by
the TexasWorkers' Compensation Commission,ora coverage agreement(TWCC-81,TWCC-82,TWCC-83, or T WCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing
services on a project,forthe duration oftheproject.
Contract for Services 20 of23
b) Duration of the Project. Includesthe timefrom the beginning of the workon the project until the Contra ctor's/person's
work on the project has been completed and accepted by the City.
c) Persons providing serviceson the project("subcontractor'in section 406.096)-includes all persons orentitiesperform i ng
all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has employees. This includes,without
limitation,independent contractors,subcontractors,leasing companies,motorcarders,owner-operators, em pl oyees of
any such entity,or em pl oyees of any entity which fumi shes persons to provide services on the project. "Se rvices"indude,
without limitation,providing,hauling,ordelivering equipmentor materials,orproviding labor,transportation, or other
services related to a project. "Services" does not include activities unrelated to the project,such as food/beverage
vendors,office supply deliveries,and delivery of portable toilets.
3) Requirements:
a) The Contractorwi I I provide coverage,based on proper reporting of cl assi fication codes and payroll amounts and fi I in go f
any coverage agreements,which meetsthe statutory requirementsof Texas Labor Code,Section 401.011(44) fo r a I I
employeesof the Contractor providing services of the project,forthe duration of the project.
b) The Contractor must provide a certificate of coverage to the governmental entity priorto being awarded the contract.
c) If the coverage period shown on the Contractorscurrent certificate of coverage endsduring the duration of the project,
the Contractor must,priorto the end of the coverage pedod,file anew certificate of coverage vdth the City showing that
coverage has been extended.
d) The Contractorwill obtain from each person providing serviceson a project,and provide to the City:
i) a certificate of coverage,priorto that person beginning workon the project,so the governmental entity will have on
file certificates of coverage showing coverage for all persons provid i ng services on the project;and
ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of
coverage,if the coverageperiod shown on the current certificate of coverage endsduring theduration of the project.
e) The Contractorwill retaInall required certificatesof coverage forthe duration of the project andforone yearthereafter.
f) The Contractorwill notifythe Cityinwdting by certified mail orpersonal delivery,withinten(10)daysafterthe Contractor
knew or should have known, of any change that materially affects the provision of coverage of any person providing
services on the project.
g) The Contractorwill post on each project site a notice,in thetext,form and mannerprescri bed by the Texas Worker's
Compensation Commission,informing all persons providing serviceson the projectthat they are requiredto be covered,
and stating howa person may verify coverage and report lackof coverage.
h) The Contractorwill contractually require each person with whom it contractsto provide serviceson a project,to:
i) provide coverage,based on properreporting on the classification codesand payroll amountsand filing of any coverage
agreements,which meetsthe statutory requirementsofTexaslaborCode,Section 401.011(44)forall of i is e m pi oyees
providing serviceson the project,forthe duration of the project;
ii) provide to the Contractor,priorto that person beginning workon the project,a certificate of coverage showi ng that
coverage is being provided for all employees of the person providing services on the project,forthe duration of the
project;
iii) provide the Contractor,priorto the end of the coverage period,a new certificate of coverage showi ng exte nsi on of
coverage,if the coverage period shown on the current certificate of coverage endsduring the duration of the project;
iv) obtain from each other person with whom it contracts,and provide to the Contractor:
(1) a certificate of coverage,priorto the otherperson beginning workon the project;and
(2) anew certificate of coverageshowing extension of coverage,priorto the end of the cove rage period, if the
coverage period shown on the current certificate of coverage endsduring the duration of the project;
v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter.
vi) notify the City in writi ng by certified mail or personal delivery,W thin ten(110)days after the person knew or should have
known,of any change that materially affectsthe provision of coverage of any person providing services on the project;
and
vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i)-vii),with the
certificatesof coverage to be provided to the person forwhom theyare providing services.
G-3 LIABILITY INSURANCE: The Contractor will procure and maintain during the term of this Contract such Liability
Insurance as will protect him,the City of Fort Worth and any Subcontractor performing workcovered bythisContract,from claimsof
damage whichmayarise from operations under this Contract,including blasting,when blastingisdone on,orin connectionwith the
Work ofthe Project,whethersuch operationsbe by himself or by any Subcontractor or by anyone directly or indirectly employed by
eitherofthem and the limitsof such insurance will be not lessthan the following:
Contract for Services 21 of23
1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property dam age.
Coverage will be on"any auto"including Ieased,hired,owned,non-owned and borrowed vehicles used in con nectionwith this
Contract.
2) Commercial General Liability: $1,000,000each occurrence.Coverage under the policy wi I I be as comprehensive as that
provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy will have no
exclusionsby endorsement unlesssuch are approved by the City.
3) Asbestos Abatement Liability Insurance:When the Project specifically requiresthe removal of Asbestos Containing Mated als,
the Contractor,or subcontractor performing the removal,will be required to maintain AsbestosAbatement Liability Insurance as
follows: $1,000,000 per occurrence;$2,000,000 aggregate limit. The coverage will include any pollution exposure,including
environmental impairment I iability,associated with the services and operations performed underthis contract in addition to
sudden and accidental contamination orpollution liability forgradual emissionsand clean-up costs.
G-4 RESERVED
G-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor will provide a certificate of insurance documenting the
Property Management Department,City of Fort Worth asa"Certificate Holder',and noting the specific project(s) cove red by th e
Contractor's insurance as documented on the certificate of insurance. More than one certificate maybe required of the Contractor
depending upon the agents and/or insurers for the Contractors insurance coverages specified for the project(s).
G-6 OTHER INSURANCE RELATED REQUIREMENTS
1) The City of Fort Worth will be an additional insured,by endorsement,on all applicable insurance policies.
2) Applicable insurance policieswill each beendorsedwith a waiver of subrogation infavorofthe Cityof FortWorth.
3) Insurers of pol i cies maintained by Contractor and its subcontractor(s),ifapplicable,Wllbe authorizedto do business in the
State of Texas,or otherwise approved by the City of Fort Worth,and such will be acceptable to the City of Fort Worth insofar
as theirfinancial strength and solvency are concerned. Any company through which the insurance is placed must have a
rating of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, a less
favorable rate maybe accepted by the City.
4) Deductiblelimitson insurance policies and/or self-insured retentions exceeding$10,000 requireapproval of the City of Fort
Worth as respects this Contract.
5) The City of Fort Worth will be notified in writing a minimum of thirty dayspriorto an insurer'saction in the eventof cancellation
or non-renewal in coverage regarding any policy providing insurance coverage required in this Contract.
6) Full limits of insurance wi 11 be available forclaimsarising out of this Contract with the City of Fort Worth.
7) The Contractorwill provide certificates of insurance to the City priorto commencementof operations pursuant to thisContract.
Any failure on part of the City of Fort Worth to request such documentation will not be construed as a wai ver of i nsurance
requirements specified herein.
8) The City of Fort Worth will be entitled,upon request and without incurring expense,to reviewthe insurance policiesi ncl ud ing
endorsements thereto and,at itsdiscretion,to require proofof payment for policy premiums.
9) The Cityof FortWorth will not be responsible forpayingthe cost of insurance coverages required herein.
10) Notice of any actual orpotential claim and/or litigation that would affect insurance coverages required hereinwill be providedto
the City in a timely manner.
11) "Other insurance"asreferenced in any policy of insurance providing coverages req ui red herein will not apply to any insurance
policy orprogram maintained bythe City of Fort Worth.
12) Contractor will agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as
specified herein orthe Contractorwill providesuch coverage on the Contractor's subcontractors.
SECTION H
UNCOVERING AND CORRECTION OF WORK
H-I UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner, it must be uncovered for
observation and replaced, at the Contractor's expense.
If any other work has been covered which the Owner has not specifically requested to observe prior to being covered, ef-the Owner may request
to see such work and it wiI I be uncovered by the Contractor. If such Work be found in accordance with the Contract Documents,the cost of
uncovering and replacement will,by appropriate Change Order,be charged to the Owner. If such work be found not in accordance with the
Contract Documents,the Contractor will pay such costs unless it is found that this condition was caused by a separate contractor employed by the
Owner.
Contract for Seivices 22 of23
H-2 CORRECTION OF WORK: The Contractor will promptly correct all work rejected by the Owner as defective or as failing to
conform to the Contract Documents whether observed before or after completion of the Work and whether or not fabricated, installed or
completed. Tlie Contractor will bear all costs of correcting such rejected Work.
Contract for Services 23 of23
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT Ill
DATE: 3/24/2020 REFERENCE **M&C 20- LOG NAME: 13P 20-0044 FIRE ALARM
NO.: 0190 SERVICES CITYWIDE SNB
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement with Century Fire Protection, LLC for Fire Alarm
Services for all City Departments in an Annual Amount Up to $1,469,016.00 and Authorize
Four Annual Renewal Options (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Agreement with Century Fire
Protection, LLC for fire alarm services for all City Departments in an annual amount up to
$1,469,016.00 and authorize four annual renewal options.
DISCUSSION:
The Public Events Department approached the Purchasing Division to procure a bid for an annual
Agreement for fire alarm services. City Departments will use this Agreement to install, test, inspect,
maintain and repair alarm systems for City-owned facilities on an as needed basis.
In order to procure these services, Purchasing issued an Invitation to Bid (ITB). The ITB consisted of
detailed specifications regarding the required maintenance, repair, testing and reporting procedures.
The bid was advertised in the Fort Worth Star-Telegram on February 5, 2020, February 12, 2020, and
February 19, 2020. The City received three bids.
Bids were evaluated based on the lowest bidder complying with all the provisions of the solicitation.
Staff recommends awarding a one-year agreement to Century Fire Protection, LLC along with four
one-year options to renew. No guarantee was made that a specific amount of these services will be
purchased.
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 waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the
purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
Upon City Council approval, the initial term shall begin upon execution of the Agreement and shall end
one year from that date.
This Agreement may be renewed for up to four additional one-year terms at the City's option. This
renewal action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating and capital budgets,
as appropriated, in the participating departments Operating and Capital 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.
http://apps.cfwnet.org/council_packet/Mc_review.asp?ID=27759&councildate=3/24/2020 4/10/2020
M&C Review Page 2 of 2
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Kevin Gunn (2015)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Shatabya Bergland (8087)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27759&councildate=3/24/2020 4/10/2020
Mitchell, Vicki
From: Crane, Brandy
Sent: Friday, April 10, 2020 3:48 PM
To: Mitchell, Vicki
Cc: Sexton, Pamela Rambo; McNamara, Allison
Subject: FW: Fire Alarm Services Agreement
Hi Vicki,
Can you please print off copies of this email and attach it to the Century Fire Agreement you are routing for me?The
address needs to be revised, Tyler requested to have James confirm the address as ok to change and then attach it to
the Agreement. Please let me know if you have any questions.
Thank you,
Brandy
From:James Fluker [mailto:jfluker@centuryfp.com]
Sent: Friday, April 10, 2020 3:14 PM
To: Crane, Brandy<Brandy.Crane@fortworthtexas.gov>
Cc: Bergland, Shatabya <Shatabya.Bergland@fortworthtexas.gov>
Subject: Re: Fire Alarm Services Agreement
CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments
unless you recognize the sender and know the content is safe.
ok to change
James Fluker
Century Fire Protection] Service Division Manager.
2501 Gravel Dr. Ft. Worth, Texas 76118
p 817-926-8900 Ext.115 f 817-926-8986 1 c 972-841-7510 Facebook Linkedln Twitter
Get Outlook for Android
From: Crane, Brandy<Brandy.Crane@fortworthtexas.gov>
Sent: Friday, April 10, 2020 3:08:41 PM
To:James Fluker<ifluker centuryfp.com>
Cc: Bergland, Shatabya <Shatabya.Bergland@fortworthtexas.gov_>
Subject: FW: Fire Alarm Services Agreement
[EXTERNAL EMAIL].
Hi James,
i
Per Tyler below, can you please authorize me to revise the address?
From: Wallach,Tyler
Sent: Friday, April 10, 2020 3:07 PM
To: Crane, Brandy<Brandy.Crane@fortworthtexas.gov>
Subject: RE: Fire Alarm Services Agreement
Brandy,
The effective date is set out in Section 2.
Email James and get his ok to revise the address in the contract by hand. If he approves, fix the address and route the
email with the contract.
Sincerely,
Tyler F. Wallach
Senior Assistant City Attorney
200 Texas Street
Fort Worth, Texas 76102
817-392-7607
Tyler.Wallach@fortworthtexas.gov
City of Fort Worth—Working together to build a strong community.
RECIPIENTS- PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT
COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity
to which they are addressed.This communication may contain material protected by the attorney-client privilege. If you
are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised
that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail
is strictly prohibited. If you have received this e-mail in error, please immediately notify Tyler Wallach at the City of Fort
Worth City Attorney's Office (817) 392-7607.
From: Crane, Brandy<Brandy.Crane@fortworthtexas.gov>
Sent: Friday,April 10, 2020 2:00 PM
To: Wallach,Tyler<Tyler.Wallach@fortworthtexas.gov>
Subject: FW: Fire Alarm Services Agreement
Hi Tyler,
I'd already sent this to be routed but the address is incorrect for the vendor. Does it need to be changed before it
finishes routing or can it be corrected later?
From:James Fluker [mailto:ifluker@centurvfp.com]
Sent: Friday,April 10, 2020 11:27 AM
To: Bergland, Shatabya <Shatabya.Bergland@fortworthtexas.gov>; Crane, Brandy<Brandy.Crane@fortworthtexas.gov>
Subject: FW: Fire Alarm Services Agreement
CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments
unless you recognize the sender and know the content is safe.
2
Shatabya,
We received it yesterday from Brandy. I sent the signed copy from us back this morning.
2 things I noticed this morning.#1 - It does not have our correct address in the contract. The correct address is 2501
Gravel Rd. Fort Worth,Tx 76118. Do not know if this means anything. #2—I do not see a effective date. Would this go
back to 4/8/2020 or the date signed?
Thank You, p 817-926-8900 Ext.115 t 817-926-
8986 i c 972-841-
7510 Facebook Linkedln Twitter
James Fluker
Century Fire Protection] service Division Manager.
2501 Gravel Dr. Ft.Worth,Texas 76118
From: Bergland, Shatabya <Shatabya.Bergland@fortworthtexas.gov>
Sent: Friday, April 10, 2020 11:03 AM
To:James Fluker<iflul<er@centurvfp.com>
Subject: Fire Alarm Services Agreement
[EXTERNAL EMAIL].
Good morning James,
I just want to verify you received the agreement to sign. Please sign electronically or print, sign and scan back (3 copies if
printed according to the department). As soon as we receive this back it can be signed off by the required people and we
can begin the services.
Regards,
Shatabya Bergland
Buyer
Department of Financial Management Services
City of Fort Worth, Texas
200 Texas Street
Foil Worth, Texas 76102
Office: 817-392-8087
Fax: 817-392-8440
Sliatabya.Berglaiid@foi-twoi-tlitexas.gov
aiid@fortworthtexas.gov
From: Crane, Brandy
Sent:Thursday, April 9, 2020 3:27 PM
To:James Fluker<iflul<er@centurvfp.com>
Cc: Bergland, Shatabya <Shatabya.Bergland@fortworthtexas.gov>; McKinley, Brenda L.
<Brenda.McKinley@fortworthtexas.gov>
Subject: Fire Alarm Services Agreement
Good afternoon James,
3
Please see the attached Agreement and have it routed for signature. Per my lawyer,the signature can be electronic or
printed, if it is printed I will need 3 copies of the documents. If you have any questions or need more information please
let me know.
Thank you,
Brandy Crane
Will Rogers Memorial Center
3401 W. Lancaster Ave.
Office Phone: 817-392-8110
Fax: 817-392-8170
Brandy.crane@fortworthtexas.gov
My hours are 7:00 am —4:00 pm M-F
City of Fort Worth— Working together to build a strong community.
FORT WURTH.. WILL ROGERS
ME;MORIAI- CENTER
F O R T W O R T H
FORT WORTH. 1- WILL ROGERS
MEMORIAL CENTER
FORM WORTH
FORT WORTH. WILL ROGERS
MEMORIAL C[NTER
FORT WORTH
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E V ! i �
Please like us on Facebook. https://www.facebool<.com/WiIIRogersMC
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4