HomeMy WebLinkAboutContract 53931 CSC No. 53931
RECEIVED
MAY 2 6 2020
CITY OF FORT WORTH VENDOR SERVICES AGREEMENT
CITY SECRETARY
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a home-rule municipal corporation of the State of Texas,
acting by and through its duly authorized Assistant City Manager, and FLEETWOOD SERVICES LLC
("Vendor"), a Texas limited liability company acting by and through its duly authorized representative,
each individually referred to as a"party" and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A— Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B, and C,which are attached hereto and incorporated herein, are made apart of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, or C and
the terms and conditions set forth in the body of this Agreement, the terms and conditions in the body of
this Agreement shall control.
1. SCOPE OF SERVICES.
Vendor shall install pea gravel and apply polymer liner in 30 greenside bunkers at the Pecan Valley
Golf Course's Rivers Course ("Services"). Exhibit "A," - Scope of Services more specifically describes
the Services to be provided hereunder.
2. TERM.
This Agreement shall begin on May 1, 2020 ("Effective Date") and shall expire upon the
completion of the work or November 30, 2020, whichever occurs earlier ("Expiration Date"), unless
terminated earlier in accordance with this Agreement("Initial Term"). This Agreement may be extended
upon written agreement of the parties.
3. COMPENSATION.
City shall pay Vendor in accordancewiththeprovisions of this Agreement and Exhibit"B,"—Price
Schedule. Total payment made under this Agreement shall be in an amount not to exceed$99,900.00.
Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this
Agreement unless City requests and approves in writing the additional costs for such services.City shall
not be liable for any additional expenses of Vendor not specified by this Agreement unless City, first
approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
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Fleetwood Services LLC
CITY
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FT. WORTH,,
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder,City will notify Vendor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement. In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder,Vendor shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers,agents and employees, agrees
that it shall treat all information provided to it by City("City Information")as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access.Vendor shall store andmaintain City Information in a secure manner
and shall not allow unauthorized users to access,modify,delete or otherwise corrupt City Information in
any way.Vendor shall notify City immediately if the security or integrity of any City Information has been
compromised or is believed to have been compromised, in which event,Vendor shall,in good faith,use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall, until the expiration of three(3)years after final payment under this
contract, or the final conclusion of any audit commenced during the said three years,have access to and the
right to examine at reasonable times any directly pertinent books,documents,papers andrecords,including,
but not limited to,all electronic records,of Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent contractor as to
all rights and privileges and work performed under this Agreement, and not as agent, representative or
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employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subcontractors.Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers,agents,servants and employees,and Vendor,its officers,agents,employees, servants,and
subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership
or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered
a Co-employer or a Joint employer of Vendor or any officers,agents,servants,employees or subcontractors
of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractors of Vendor shall
be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,employees or
subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION -VENDOR HEREBY COVENANTSAND AGREES
TO INDEMNIFY, HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS, AGENTS,SERVANTS
AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCL UDING DEATH, TO ANYAND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend,
settle,or pay, at its own cost and expense,any claim or action against City for infringement of any
patent,copyright,trade mark,trade secret,or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement,it being understood that this
agreement to defend,settle or pay shall not apply if City modifies or misuses the software and/or
documentation.So long as Vendor bears the cost and expense of payment for claims or actions against
City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or
action and all negotiations for its settlement or compromise and to settle or compromise any such
claim; however, City shall have the right to fully participate in any and all such settlement,
negotiations,or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Vendor in doing so.In the event City,for whatever reason,assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under this
Agreement,City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;however,
Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees
to give Vendor timely written notice of any such claim or action,with copies of all papers City may
receive relating thereto.Notwithstanding the foregoing, City's assumption of payment of costs or
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expenses shall not eliminate Vendor's duty to indemnify City under this Agreement.If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,
Vendor shall, at its own expense and as City's sole remedy,either: (a)procure for City the right to
continue to use the software and/or documentation;or(b)modify the software and/or documentation
to make it non-infringing,provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and/or
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and/or documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement,andrefundall amountspaid
to Vendor by City,subsequent to which termination City may seek any and all remedies available to
City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or rights
under this Agreement without the prior written consent of City. If City grants consent to an assignment,the
assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be
bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly
liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,the subcontractor shall execute a
written agreement with Vendor referencing this Agreement under which the subcontractor shall agree to be
bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may
apply. Vendor shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE
Vendor shall provide City with certificate(s)of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
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Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name City
as an additional insured thereon,as its interests may appear. The term City shall
include its employees, officers, officials,agents, and volunteers in respect to the
contracted services.
(b) The workers'compensation policy shall include a Waiver of Subrogation (Right
of Recovery) in favor of City.
(c) A minimum of Thirty(30)days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten(10)days' notice shallbe acceptable in the
event of non-payment of premium.Notice shall be sent to the Risk Manager,City
of Fort Worth,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for allpolicies must be licensed and/or approved to do business in the
State of Texas.All insurers must have a minimum rating of A VII in the current
A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances,rules and regulations. If City notifies Vendor of any violation of such laws, ordinances,rules
or regulations, Vendor shall immediately desist from and correct the violation.
12. NON DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
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THIS NON DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST,
VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY
AND HOLD CITY HARMLESS FROM SUCH CLAIn
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2)delivered by facsimile with electronic confirmation of the transmission, or(3)received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Fleetwood Services LLC
Attn: City Manager's Office 4311 Willow Street
200 Texas Street Dallas, TX 75226
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
contractor,any person who is or has been employed by the other during the term of this Agreement,without
the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER
The failure of City or Vendor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
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18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE
City and Vendor shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to,compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C.
22. AMENDMENTS/ MODIFICATIONS/EXTENSIONS.
No amendment,modification,or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument, which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest,as to the matters contained herein.Any
prior or contemporaneous oralor written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a high quality and conform to generally prevailing
industry standards.City must give written notice of any breach of this warrantywithin thirty(30)days from
the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use
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commercially reasonable efforts to re-performthe services in a manner that conforms with the warranty,or
(b) refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon
request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Vendor employee who is not legally eligible to perform such services. VENDOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers,procedures, guides, and
documentation, created,published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further,City shall be the sole and exclusive owner
of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a"work-made-for-hire"within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof,is
not considered a "work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended,
Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,
and all copies thereof, and in and to the copyright,patent,trademark,trade secret,and all other proprietary
rights therein, that City may have or obtain, without further consideration,free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement onbehalf of the respective party,andthat suchbinding authority has been grantedbyproper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of Vendor whose name,title and signature is affixed on
the Verification of Signature Authority Form,which is attached hereto as Exhibit"C". Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change forthe purpose of maintaining updated City records. The president of Vendor or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9, documents filed with the state
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indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the
City is prohibited from entering into a contract for goods or services with a company with 10 or more full-
time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds
of the City unless the contract contains a written verification from the company that it:(1)does not boycott
Israel; and(2) will not boycott Israel during the term of the contract. The term"boycott Israel"has the
meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company"shall have
the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that
Chapter 2270 of the Government Code is applicable to this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1)does not boycott Israel;
and(2) will not boycott Israel during the term of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on
the dates set forth in Section 2.
ACCEPTED AND AGREED:
CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
L of this contract, including ensuring all
By: Fernando Costa(May 20,202019:48CDT) performance and reporting requirements.
Name: Fernando Costa
Title: Assistant City Manager
By: Matthew Quinn(May 20,202009:29CDT)
Date: May 20, 2020 Name:Matthew Quinn
Title: Management Analyst H
APPROVAL RECONEMENDED• Park&Recreation Department
t i'ib'�i''��� APPROVED AS TO FORM AND LEGALI TY:
David Creek(May 20,202012:44 CDT)
Name: David Creek
Richard A McCracken(May 20,202019:42 CDT)
Title: Acting Director
Park&Recreation Department Name: Richard A McCracken
Title: Sr. Assistant City Attorney
Sandra"looyuur6C2018: CONTRAVT AUTHORIZATION:
By. Sandra Youngblood(Ma 19,202018:20 CDT) *�^
Name: Sandra Youngblood M&C: 1 A
Title: Assistant Director
Park& Recreation Department.
ATTEST: ' 0. �'
By:
Name: Mary Kayser
Title: City Secretary
VENDOR:
FLEETWOOD SERVICES LLC ATTEST:
r bari FLCELW000
By: robert FLEETWOOD(May 20,2020 07:37 CDT)
"7 Name: Robert Fleetwood By:
Title: Owner and Field Manager Name:
Date:
May 20, 2020 Title:
OFF@CIAL RECORD
Vendor Services Agreement—Bunker Liner Repair CITY °Rtr(AAY
Fleetwood Services LLC
Rev.10/19 FT. WORTH,TX
EXHIBIT A
SCOPE OF SERVICES
Vendor shall supply all labor and material to spread pea gravel and apply polymer liner in 30
greenside bunkers (approximately 49,456 square feet) at the City's Pecan Valley Golf Course— Rivers
Course located at 6400 Pecan Valley Drive, Fort Worth, Texas 76132. Work shall be performed during
normal business hours on Monday through Friday between 8:00 a.m. and 5:00 p.m. The work shall be
performed in no more than three phases. The City and Vendor will agree in writing on the dates and number
of bunkers to be completed in each phase.
City shall be responsible for preparing the bunkers before the Vendor begins performing the
Services by removing old sand,re-shaping the bunkers and repairing drainage in the bunkers as needed
City will mark all bunkers as"ground under repair"before Vendor begins performing the Services. City
will refill bunkers with sand when the Services are completed.
Vendor shall install 2"of pea gravel in the bunkers before application of polymer. The polymer
liner shall be applied onto the pea gravel in accordance with the manufacturer's instructions. Vendor shall
provide City with proof of an ASTM F 1815 laboratory test to prove lateral flow of 3600 inches or greater
of water at 13 gallons per minute. Vendor shall provide City with proof of a passing laboratory test for the
binder. Vendor shall provide City with the manufacturer's unconditional 10 year warranty.
Vendor shall supply City with payment and performance bonds in the amount of this Agreement
guaranteeing Vendor's completion of the work and payment by Vendor to all subcontractors and material
suppliers.
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[Vendor]
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EXHIBIT B
PRICE SCB RULE
FORT WORT H
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: EVENT DETAILS
Fvn:_ -r: _3 -
Event Round Version
1 3
Event Name
r_H Hunker Liner Submit To: City of Fort Worth
Start Time Finish Time PURCHASING DIVISION
_Z:6i:0
_0 o8:00:00 csx LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line Details
Line: 8
Description: Qty Unit UnitPrice Total
2"Pea Gravel,per attached specifications 50000.00 SF
$0.35 $17,500.00
DescLine: 9
ription: Qty Unit UnitPrice Total
Polymer liner,per attached specifications 50000.00 SF
$1.10 $55,000.00
Line: 10
Description: Qty Unit UnitPrice Total
LaDor,per mr,per anacnea
specifications
$685.00 $27,400.00
Total Bid Amount:
$99,900.00
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EXHIBIT C
VERIFICATION OF SIGNAT ME AUTHORITY
Fleetwood Services LLC
4311 Willow Street
Dallas,TX 75226
Execution of this Signature Verification Form("Form")hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement,amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor.City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor.
��++ Fl w
a ,1Wr
I. Name: 11�errf �
Position:
Signature
2. Name: t6�V C l C �
Position:
Signature
3. Name:
Position:
Signature
2: P1 atwood
Signature of President/CEO
Other Title:
Date:
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[Vendor]
Rev.10/19
Soto, Vania Elizabeth
From: McCracken, Richard A
Sent: Wednesday, May 27, 2020 1:45 PM
To: Soto, Vania Elizabeth; Doyle, Rebekah G;Young, Linda S.
Subject: RE: Completed: "Vendor Services Agreement Fleetwood Services LLC"
That's fine.
Sincerely,
Richard A. McCracken
Senior Assistant City Attorney
City Attorney's Office
200 Texas Street
Fort Worth,Texas 76102
817-392-7611
817-392-8359 (fax)
Richard.McCracken@fortworthtexas.gov
Due to the ongoing coronavirus pandemic,the Fort Worth City Attorney's Office has implemented a
department-wide telework and all staff, except the City Attorney,are working remotely. You may
communicate with me by using my customary email address and telephone extension number.
City of Fort Worth— Working together to build a strong community.
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From:Soto,Vania Elizabeth
Sent: Wednesday, May 27, 2020 12:54 PM
To: Doyle, Rebekah G <Rebekah.Doyle @fortworthtexas.gov>; McCracken, Richard A
<Richa rd.McCracken@fortworthtexas.gov>; Young, Linda S. <Linda.Young@fortworthtexas.gov>
Subject: FW: Completed: "Vendor Services Agreement Fleetwood Services LLC"
The contract has been executed. This should have been filled out and sent with the contract when routing.
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Richard,
Do you want me to add this to the contract? I have to ask you since it's already been executed.
Vania E. Soto
Administrative Assistant
City Secretary's Office
817-392-6090
Vania.Sotona fortworthtexas.gov
From: Robert Fleetwood <robert@fleetwoodservices.net>
Sent:Tuesday, May 26, 2020 12:54 PM
To: Doyle, Rebekah G<Rebekah.Doyle@fortworthtexas.gov>;Tidwell,Allison<Allison.Tidwell@fortworthtexas.gov>;
Costa, Fernando<Fernando.Costa@fortworthtexas.gov>; Lewis, Dave<Dave.Lew is@fortworthtexas.gov>; Creek, David
<David.Creek@fortworthtexas.gov>;Quinn, Matthew S.<Matthew.Qu in n@fortworthtexas.gov>; McCracken, Richard
A<Richard.McCracken@fortworthtexas.gov>; Kayser, Mary<Mary.Kayser@fortworthtexas.gov>;Youngblood,Sandra
<Sandra.Youngblood@fortworthtexas.gov>;Soto,Vania Elizabeth<Vania.Soto@fortworthtexas.gov>
Cc: Fleetwood Services<accounting@fleetwoodservices.net>; Pam Fleetwood <pam@fleetwoodservices.net>
Subject: RE: Completed: "Vendor Services Agreement Fleetwood Services LLC"
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Here is Signed sheet page 13
From: CITY OF FORT WORTH [mailto:echosign@echosign.com]
Sent: Tuesday, May 26, 2020 8:41 AM
To: Allison Tidwell; Fernando Costa; Dave Lewis; Rebekah Doyle; David Creek; Matthew Quinn; Richard A. McCracken;
Robert Fleetwood; Mary J. Kayser; Sandra Youngblood; Vania Soto
Subject: Completed: "Vendor Services Agreement Fleetwood Services LLC"
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