Loading...
HomeMy WebLinkAboutContract 54703 CITY SECRETARY COWRACT NO, 763 L 202oFORT WORTHO OCj �OZK COOPERATIVE PURCHASE AGREEMENT This COOPERATIVE AGREEMENT ("Agreement") is made and entered into by and between CITY OF FORT WORTH("City"), a home-rule municipal corporations organized under the laws of the State of Texas,acting by and through its duly authorized representative,and HOME DEPOT U.S.A.,INC., D/B/A THE HOME DEPOT PRO ("Vendor"), a Delaware corporation, acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, in connection with the public assembly experience and the impact of the Coronavirus/COVID-19 pandemic and such related events (collectively and generally "COVID-19") the City desires to reopen and welcome patrons back to its facilities located at 1201 Houston St., Fort Worth, TX 76102 (Fort Worth Convention Center) and 3401 W Lancaster Ave., Fort Worth, TX 76107 (Will Rogers Memorial Center) ("Venues"); WHEREAS, the health and safety of City employees, exhibitors, and attendees of events at the Venues are of paramount importance, especially given the current situation concerning the COVID-19 pandemic; WHEREAS, Vendor provides materials and labor for equipment that is intended to provide a touchless experience for public restroom spaces for large facilities such as the Venues; WHEREAS, the purchase and installation of said equipment will help to prevent the spread of COVID-19 during events at the Venues; WHEREAS, the City wishes to engage Vendor to provide the Services (as defined below) as described herein; WHEREAS, costs for the Project are necessary expenditures that will be incurred due to COVID- 19, were not accounted for in the City's budget most recently approved and will be incurred during the period between March 1,2020 and December 30, 2020; WHEREAS, on January 11, 2017, Vendor entered into Contract #16154, an intergovernmental cooperative purchasing agreement with Maricopa County through OMNIA Partners, f/k/a U.S. Communities,a cooperative purchasing organization,for the purchase of goods and services(the"OMNIA Contract"); and WHEREAS, City, in compliance with its procurement requirements, is taking advantage of the cooperative nature of the OMNIA Contract to enter into this Agreement for the purchase of the goods and services set forth in the OMNIA Contract. OFFICIAL RECORD CITY SECRETARY Cooperative Purchasing Agreement%vilh home Depot U.S.A.,Inc. FT, WORTH,�)(of7�3 119687815v1 1 NOW, THEREFORE, in consideration of the promises, the mutual covenants and conditions contained in this Agreement and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. Goods and Services.Vendor will provide the goods and services set forth in Exhibit A for the restrooms at the Venues. Exhibit "A" - Scope of Services and Price Schedule, which is attached hereto and incorporated herein for all purposes, more specifically describes the goods and services to be provided hereunder ("Goods and Services"). Vendor will provide all labor, equipment, and material necessary to perform and complete the Services. 2. Term. This Agreement begins on the date signed by the Assistant City Manager below (`Effective Date") and expires on December 30, 2020 (`Expiration Date"), unless terminated earlier in accordance with this Agreement("Term"). Time is of the essence and Vendor must provide and complete all Goods and Services on or before the Expiration Date of this Agreement. 3. Compensation and Acceptance. a. City will pay Vendor in accordance with the price schedule and the provisions of this Agreement in Exhibit A. Total compensation under this Agreement will not exceed Seven Hundred Thousand Dollars and No Cents ($700,000.00), which includes a contingency for any cost overruns under this Agreement.Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. b. Acceptance of Goods. City will inspect the Goods upon receipt. Any issues with nonconformities or non-delivery of any quantities of Goods must be reported within 30 days of delivery (or for non-delivery, within 5 days after the date that the Goods would have been received in the normal course of business). Vendor cannot guarantee responsibility for the resolution of issues reported after this 30-day period,after which City will be deemed to have accepted the Goods. Examples of nonconformities are: damaged goods, incomplete orders, incorrect items, and over shipments. If City notifies Vendor of any non-conformities within the timefi-arne specified above,Vendor will(i)replace such non-conforming Goods(or Goods not delivered)with conforming Goods, or(ii) credit or refired the price paid by City for such nonconforming Goods (or Goods not delivered). c. Acceptance of Services. The City will review and inspect the Services to determine their acceptability and signify acceptance by execution of the Service Acceptance Form, which is attached hereto as Exhibit "B" and incorporated herein for all purposes. If the City rejects the submission,it will notify the Vendor in writing as soon as the determination is made listing the specific reasons for rejection.The Vendor will have ten(10)days to correct any deficiencies,unless otherwise agreed to by the Parties in writing. Payment to the Vendor will not be authorized unless the City accepts the Service in writing in the form attached in Exhibit B.The City's acceptance will not be unreasonably withheld. d. Following acceptance of all of the Goods and Service under this Agreement on a monthly basis by the City,the Vendor will provide the City with an invoice by the 71" day of each month where Goods and Services were provided summarizing (i) the #9687815vi Goods and Service(s) that have been provided in the preceding month and (ii) requesting payment. If the City requires additional reasonable information, it will request the same promptly after receiving the above information, and the Vendor must provide such additional reasonable information to the extent the same is available.The invoice must be submitted to the City of Fort Worth, attention Chris Harmon, 1201 Houston Street,Fort Worth, Texas 76102. e. Pa, went. The City will make payment within thirty(30)calendar days after receipt of the invoice from the Vendor unless there is a dispute as to the information provided in the invoice for the Goods or Services. f. Notwithstanding anything to the contrary, due to the stipulations of the CARES Act Funding, any Goods that have not been installed or Services that have not been performed, invoiced, and paid by December 30, 2020 may be canceled by the City in its sole and absolute discretion without any recourse to the City. 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' advance written notice of termination. 4.2 Non-appropriation of Funds. In the event no fronds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made dill disclosure in writing of any existing or potential conflicts of interest related to Vendor's Goods and Services raider this Agreement. In the event Vendor becomes aware of any conflicts of interest arising after the Effective Date of this Agreement, Vendor hereby agrees to promptly make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers,agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act.In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.3 Unauthorized Access. Vendor will store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in anyway.Vendor will notify City immediately if the security or integrity of any City #96878150 Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will frilly cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that until the expiration of till-cc (3) years after final payment under this Agreement, Vendor, upon request by the City,will provide City with purchase orders, invoices, and any directly pertinent documents, papers and records, including, but not limited to, all electronic records, involving transactions relating to this Agreement at no additional cost to City. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the negligent acts and willful misconduct of its officers, agents, servants,employees,and subcontractor.Vendor acknowledges that the doctrine ofrespondeat superior will 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 will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers,agents,servants, employees or subcontractor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subcontractor of Vendor will be entitled to any employment benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,employees or subcontractor. 8. Indemnification. 8.1 INDEMNIFICATION- VENDOR HEREBY COVENANTSAND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES,AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS, AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF ANY THIRD-PARTY CLAIMS TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPL 0 YEE,S HERE UNDER. 9. Assil4innent and Subcontracting. 9.1 Assignment.Went. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee will be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor will execute a written agreement with Vendor referencing this Agreement under which sub Vendor will agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and #96878160 obligations may apply. Vendor will provide City with a fully executed copy of any such subcoirtract. 10. Insurance. Vendor will provide City with certificate(s)of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of ally work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing Goods and Services under this Agreement. "Any vehicle"will 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 Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000- Bodily Injury by disease; policy limit 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear.The term City must include its employees, officers, officials, agents, and volunteers in respect to the contracted Goods and Services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City.Ten (10) days' notice must be acceptable in the event of non-payment of premium.Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII #96878150 in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws,Ordinances,Rules and Rel4ulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws,ordinances,rules or regulations,Vendor will immediately desist fi•om 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 will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law.IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-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 CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when(1)hand-delivered to the other party, or(2)received by the other party by overnight courier, or via United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Houle Depot U.S.A, Inc. Attn: Assistant City Manager d/b/a The Home Depot Pro 200 Texas Street Attn: Ran Garver- Director, Compliance Fort Worth,TX 76102-6314 701 San Marcos Blvd. Facsimile: (817) 392-8654 Jacksonville, FL 32207 With copy to Fort Worth City Attorney's Office at With copy to: Karen Hendrix, Senior Corporate same address Counsel at same address 14. 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. 15. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein will not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any fixture #9687816v1 occasion. Any waiver of a breach of any provision of this Agreement shall not be deemed effective unless in writing and signed by the party against whom enforcement of the waiver is sought. 16. Governing Law/Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. SeverabiIity. If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 18. Liens. Vendor does not have the authority to engage in any act or to make any contract that may create or be the foundation for any lien upon any real property and improvements owned or to be owned by the City. If any such purported lien is created or filed,Vendor, at no cost to the City, must liquidate and discharge the same within thirty (30) calendar days of such creation or filing. Vendor's failure to discharge any such purported lien within this time frame will constitute a breach of this Agreement. Vendor's financial obligation to the City to liquidate and discharge such lien will continue in effect following termination or expiration of this Agreement and until such a time as the lien is discharged. 19. Permits and Licenses. Vendor must obtain and pay for all necessary permits and licenses incurred or required in connection with the Goods and Services. 20, Foree Maieure. City and Vendor will exercise commercially reasonable 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,acts of God,acts of the public enemy,fires,strikes, lockouts,natural disasters, wars, riots, declarations of governmental authorities, transportation delays, and/or any other similar cause beyond a party's reasonable control. 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 Vendor or City that prohibits the continuation or completion of the Services. 21. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 22. Review of Counsel. The Parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A,B, and C. 23. Amendments /Modifications/Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 24. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. #96878150 25. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 26. Disclaimer of Warranties for Goods: VENDOR MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY GOOD OR COMPONENT THEREOF SUPPLIED HEREUNDER AND DISCLAIMS ALL SUCH WARRANTIES WHETHER EXPRESSED OR IMPLIED BY LAW COURSE OF DEALING OR PERFORMANCE USAGE OF TRADE OR OTHERWISE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE OR AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY ANY IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS OR QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Installation Warranty. VENDOR WARRANTS THE WORKMANSHIP OF THE WORK FOR ONE (1) YEAR FROM ITS SUBSTANTIAL COMPLETION DATE ("WARRANTY PERIOD").PROVIDED CUSTOMER NOTIFIES VENDOR IN WRITING OF A WARRANTY CLAIM DURING THE WARRANTY PERIOD,VENDOR WILL ARRANGE FOR REPAIR AT NO CHARGE TO CUSTOMER FOR ANY DEFECTS DUE TO FAULTY WORKMANSHIP OF VENDOR. EXTENDED WORKMANSHIP WARRANTIES MAY BE OFFERED SEPARATELY FOR SELECT PRODUCTS AND WILL BE PROVIDED AT THE TIME OF SALE. VENDOR WARRANTY DOES NOT COVER DAMAGE CAUSED BY ACTS OF GOD, WORK, INSTALLATION, OR REPAIRS MADE BY PERSONS OTHER THAN VENDOR OR ITS SERVICE PROVIDERS, ABUSE, MISUSE, NEGLECT, NORMAL WEAR AND TEAR, OR IMPROPER CARE/CLEANING. MERCHANDISE AND MATERIALS ARE COVERED EXCLUSIVELY BY THE MANUFACTURER'S WARRANTY, IF ANY. TIIE FOREGOING IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WILL APPLY. IF THERE IS VALIDLY EXISTING AND UNDISPUTED UNPAID BALANCE FOR MORE THAN 60 DAYS, AT ITS REASONABLE DISCRETION,VENDOR MAY VOID THE WORKMANSHIP WARRANTY. 27. Immigration Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City,Vendor must provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 28. Signature Authority. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Vendor whose name,title and signature is affixed on the Certificate of Authority and Incumbency,which is attached hereto as Exhibit "C" and incorporated herein for all purposes. Each party is frilly entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. #9687815v1 29. Change in Company Name or Ownership. Vendor must notify City's Purchasing Mauager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact fixture invoice payments. 30. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel" and"company"will have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 31. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission)of an original signature, or signatures electronically inserted via software such as Adobe Sign. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] #9687815v1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: Digitally signed by Jesus J.Chapa 133,signing I acknowledge that I am the person Jesus J. Chapa Data:2020.10.1819:32:44-05'00' responsible for the monitoring and administration of By: this contract, including ensuring all performance and Jay Chapa reporting requirements. Deputy City Manager //�'� j Chris Harmon oaea"o2o,o,5y,33o 8a-05oo' Date: l,/C�YJP-i� �-1 , 20 r�-a By. Chris Harmon APPROVAL RECOMMENDED: Sr. Public Events Manager Digitally signed by Michael E Michael E Crum Crum APPROVED AS TO FORM AND LEGALITY: Date:2020.10.15 15:53:29-05'00' By: Digitally signed by Tyler Wallach Michael E. Crum Tyler Wallach Date:2020.10.1518:05:06-05-00' Director, Public Events Department By: Tyler F. Wallach ATTEST: Assistant City Attorney CONTRACT AUTHORIZATION: Ordinance 24161-04-2020 By: O R T Mary Kayser © ; h-1k: erative Contract: OMNIA Contract 16154 City Secretary S,; t—. VENDOR: TE HOME DEPOT U.S.A., INC. D/B/A THE HO EPOT PRO, a Delaware c po i n By: Name: Ran Garver Title: Director, Compliance Date: S ,20Z-,D rFt '( R #96878150 �— EXHIBIT A SCOPE OF SERVICES AND PRICE SCHEDULE i Fort Worth Convention Center OMNIA a RENOVATION ;anrncna (.—, -tr ) I(' 1 C�UOTE ... t,.`; 1 1>[' ,ICI;1���c�>> JI� Quote Is pursuant to Us Communities/Omnie Contract M Select Contract M from drop down list-16154 is the default THO Bid# CUSTOMER INFORMATION BID-0044913 Client Name:Fort Worth Convention Center Contact Nome:Allison McNamara Contact Phone: 8173926338 Date Project Name: Fort Worth Convention Center 9/14/2020 PrajectAddress:12011-loustonSt Fort Worth,TX76102 Unit: DESCRIPTION QUANTITY UNIT UNITCOST TOTAL COST Remove sink and reattach to correctunstable attachment 1 Each $ 140.00 Includes new mountparts as needed.(AS NEEDED ONLY) Labor and all parts to replace existing P trap assembly and 105 Each $ 150.00 $ 15,750.00 replace grid assemblies-CLIENT MAY OPT NOT TO CHANGE THESE OUT IF UNITS ARE REUSABLE"' Labor and all parts to Install ADApipe covers 1.05 Each $ 85.00 $ 8,925.00 M)blllzatlon and storage 1 Each $ 2,700.00 $ Z700.00 Supply plumbing permit per building 1 Each $ 300.00 $ 300.00 Exclusions and disclaimers-quote does not include labor to remove/cut Into/or repair art/walls/materials that may be required to perform work. Disposal 1 Each $ 1,335.00 $ 1,335.00 Labor only to Install customer supplied SLOAN Battery 300 Each $ 35.00 $ 1Q500.00 Powered Sensor-Activated single-flush retrofit conversion kit Labor only to Install customer supplied Sloan faucet- 105 Each $ 55.00 $ 5,775.00 SF2150 Labor only to Install customer supplied Power kit for Joan 105 Each $ 33.35 $ 3,501.75 faucet Labor only to Install customer supplied Lavatory faucet 105 Each $ 37.75 $ $963.75 controller.09 GPC 10 seconds on demand Labor only to Install customer supplied Thermostatic 105 Each $ 27.75 $ Z913.75 mixin valve Labor only to Install customer supplied Swivel coupling for 105 Each $ 3.35 $ 351.75 TLT10R Labor only to install customer supplied plate for each 105 Each $ 33.35 $ 3,501.75 faucet requires additional brackets for mounting Labor only to Install customer supplied supply lines and 210 Each $ 60.00 $ 1Z600.00 cutoffvalves-pereach Labor only to install customer supplied Enmotlon towel 108 Each $ 36.65 $ 3,958.20 cabinet Labor only to install customer supplied Enmotlon soap 115 Each $ 22.25 $ Z558.75 dispenser Labor only to Install customer supplied Install urinal 110 Each $ 66.65 $ 7,331.50 privacy screens 24"x58" Cud Quote-US Comm-Omnla V1.0 3/Ual P ege 1 #9687815vi Labor only to Install customer supplied Install sink privacy 64 Each $ 46.65 $ 2,985.60 screens 24"x58" Labor only to Install bracketed chrome hole plug for sinks. 120 Each $ 7.00 S 840.00 Labor for product handling and moving to each Install 1 Each $ 575.00 $ 575.00 locatlon TOTAL INSTALLATION COST $ 90,366.80 Cust Quote-us Comm-omnla V1.0 3/2020 Page 2 #9687815v1 PRICE QUOTATION Pro institutional formerly SupplyWorks' Page 1 PO BOX 2317 Ship To: Da ea 1 09/08/20 Jacksonville,FL 32203-2317 FORT WORTH CONVENTION CENTER Quote 20555809 1201 HOUSTON ST Number I —t FORT WORTH TX 76102 (Account 739305 (Number Quoted To: FORT WORTH CONVENTION CENTER Contact Info: 1201 HOUSTON ST CHRISIGINA FORT WORTH TX 76102 (817)392-2523 For lnqullles Call. (866)412.6726 Fax:(914)269.9537 Management SpoclalOrders2@lnlarllnabrands.com 50982•FORT WORTH mnv..HomaDepolPro.com/lnsillutional Quote Date Customer POO Writer Salesperson 09/08/20 RICHARD TERRY DAVIS I.N. Item No. Description Qty VOM Price Ext Amt T 1 3325502 EBVSODA-G SIDE MOUNT GEM 325 EA 160.00 52000.00 Y iQuotel: 20556009 iExpected Delivery is CONFIRMING after ord iSpeoial Order Item Nonreturnable. iSpeoial Orders may be Subject to 1Freight Charges. Quotation Sub-Total $52,000.00 Tax $0.00 Total $52,000.00 029 1215 USC 00029112 #96878150 Pro*MSUM10n81 PRICE QUOTATION formerly SuppiyV/orks' Pago 1 Quote 09/11120 J�sOorwil�l FL 3¢203-2317 Slip To: Dote FORT WORTH CONVENTI ON CENTER Quote 1 — ^-� 1 1201 HOUSTON ST Numbert FORT WORTH TX 76102 I N=bu,'t 73 i Quoted To: FORT WORTH CONVENTION CENTER Contact Into: 1201 HOUSfON ST CHRI&GINA FORT WORTH TX 76102 (817)392-2523 For lnqulr/esMI. (OM)412-9M FAY:(856)60531725 Monageawt 4v6dOrvrar 'nAr1nebr&xkcm, 50902-FORT WORTH mm.Hana9gx01-QaW1nsti a7a1 QuoteDote Customer PO# Writer Salesperson 09/11/20 KEITH D TERRY DAVIS Mr. Item No. Description Qty u0m Price Ext Amt T 1 52057 elMOTI011 GEN2 AUTO TCNLS DZSP 125 FA 40.50 5062.50 Y 2 59462A eNNOTION AUTO TCHLS THL DZSP 125 EA 56.50 7062.50 Y iExpected Delivery is 2 REEKS after order. ispeoial Order Item Nonreturnable. ispeoial Orders may be Subject to iFreight charges. iQuotef: 20582981 Quotation Sub-Total $12,125.00 Tax $0.00 Total $12,125.00 029 1215 USC 00029112 #96878150 ZM7n,; ral- Institutional Quote Detail Customer:FORTVVCRTH CONVENTION Shipped To: tl:lolt-l' I: CENTER 1201 HOUSTON ST Customer ID: 739305 FORT WORTH,TX 76102 Quote 101 20583390 Quote Sloan 992020 Description: Quote Date:9/9/2020 II a!hd�:1. -•Uishlil:S:I•Li - _ tll�li•Tali-+ — '."1;'� I h','�1.14i= — I;IiD:-1 454070 SF2150-4 CP FCT PEDESTAL 4"BATT OPER $259.25 120 Each $31,110,00 Subtotal $31.110.00 Tax $0.00 Shipping $0.00 Handling $0.00 Total $31 J 10.00 Questions about this quote? Coded ota Cud crner Senke reIxeserdatives at 1-866412.8126 #96878150 ii. Will Rogers Memorial Center OMNIA ` ` RENOVATION P A rI T N E n S r��� 1_ QUOTE Quote is pursuant to US Communities/Omnin Contract# Select Contract P from drop down list-16154 Is the default THD Bid# CUSTOMER INFORMATION BID•0044077 Client Name: WIII Rogers Memorial Center Contact Name: Chris Harmon Contort Phone: 8173925988 Date Project Name: WIII Rogers Memorial Center 9/14/2020 ProjectAddress: 3401W Lancaster Ave,Fort Worth,TX Unit: DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST Labor and material to replace toilet flange hardware,price 1 Each $ 250.00 Includes minimal amount of concrete chip-per toilet(AS Possible change order for toilet riser if required: 1 Each $ 1,000.00 Labor and miscparts/hardware to replace tolletriser/pipe and 90 degree turn in concrete,up to 24"deep In concrete. Remove sink and reattach to correctunstableattachment; 1 Each $ 200.00 Includes new mountparts as needed.(AS NEEDED ONLY) Labor and all parts to replace existing P trap assembly and 185 Each $ 150.00 $ 27,750.00 replace grid assemblies. (CLIENT MAY OPT NOT TO CHANGE NGE THESE OUT IF UNTSARE REUSABLE) Labor and all parts to Install PDA pipe covers 185 Each $ 77.75 $ 14,383.75 Mobilization and storage 1 Each $ 4,000.00 $ 4,000.00 Supply plumbing permit per building 12 Each $ 300.00 $ 3,600.00 Exclusions and disclaimers-quote does not Include labor 1 Each $ $ to remove/cut into/or repair any walls/materials that'may be required to perform work. Disposal 1 Each $ 3,890.00 $ 3,890.00 Labor only to install customer supplied SLOAN Battery 315 Each $ 35.00 $ 11,025.00 Powered Sensor-Activated Singe-Flush Retrofit Conversion Kit Labor only to install customer supplied ECOEFV Exposed 60 Each $ 175.00 $ 1QS00.00 Toilet 1.286W 9CP-32 Labor and material to replace spud partfor tolletor urinal 1 Each $ 40.00 $ 40.00 when reusing existing toilet/urinal(AS NEEDED ONLY) Labor only to Install customer supplied Sloan Faucet- 185 Each $ 55.55 $ 1Q276.75 SF2150 Labor only to install customer supplied Power Kit for Sloan 185 Each $ 33.35 $ 6,169.75 Fauce t Labor only to Install customer supplied Lavatory faucet 185 Each $ 37.15 $ E 983.75 controller.09 GPC 10 second on demand Labor only to Install customer supplied Thermostatic 185 Each $ 27.7.5 $ 5,133.75 mixin valve Cu st Quote-us Comm omnla V1.0 H/2020 Pagel #9687815v1 Labor only to install customer supplied Swivel coupling for 185 Each $ 3.35 $ 619.75 TLT10R Labor only to install customer supplied plate for each 42 Each $ 33.35 $ 1,400.70 faucet-requires additional brackets for mountin Labor only to install customer supplied supply Ilnes and 300 Each $ 60.00 $ 18,000.00 cut off valves Labor only to Install customer supplied elongated toilet 60 Each $ 13.35 $ 801.00 seat Labor only to Install customer supplied Enmotion Towel 125 Each $ 36.65 $ 4,581.25 Cabinet Labor only to Install customer supplied Enmotion Soap 263 Each $ 22.25 $ 5,851.75 Dispenser Labor only to Install customer supplied Best Urinal Privacy 100 Each $ 66.65 $ 6,665.00 Screens NNW' Labor only to Install customer supplied Better Urinal 100 Each $ 66.65 $ 6,665.00 Privacy Screens 24"x 58" Labor only to install bracketed chrome hole plugs at sink 200 Each $ 7.00 $ 1,400.00 Labor for product handling from truck/storage to onslte 1 Each $ 1,050.00 $ 1,050.00 Install areas TOTAL INSTALLATION COST $ 150,787.20 Cust Quote-US Comm-Omnta V1.0 3/2020 Page 2 #9687815v1 �r4 Institutional Quote Detail Customer."ILL ROGERSMEMORIAL Shipped To: -i41ii]ti :dii l a:'11; CENTER 3401 WLANCASTERAVE Customer ID:740705 FORT WORTH,TX76107 QuotelD: 20666764 Lu 1Gd;; i1Uif . Quote Soap and Towels WRMC Description: Quote Dates 9/1 412 0 20 II2�9nAdiRnl%1.:, •h;-S-rfi�;Y�t•J�t - iL t�fdi•lt{�t•t� f-1 -- - tPi'--�i!:r � I;Iit•! GPT89460 enMotion 10 in.Hardwound Paper Towel Roll,Mite(6-Rolls $57.80 61 Case $3.525.80 Per Case) GPT42714 enMotion Gent Moisturizing Gentle Foam Soap Dispenser $36.10 134 Case $4.837.40 Refill Dye and Fragrance Free(2 Bottles Per Case) Subtotal $8,363.20 Tax $0.00 Shipping $0.00 Handling $0.00 Total $8.363.20 Questions about this quote? Coriad ov Cvdaner Smke tepresertaktves al 1-868-112-eRa #9687815v1 Pro , Institutional PRICE QUOTATION formerly SuppiyWorks' Page 1 PO BOX 2317 Quote Jacksonville,FL 32203.2317 Ship To: Date 09114/20 WILL ROGERS MEMORIAL CENTER Quote 20029057 3401 W LANCASTER AVE Number FORT WORTH TX 76107 Account 740705 Number Quoted To: WILL ROGERS MEMORIAL CENTER Contact Info: 3401 W LANCASTER AVE CHRIS/BRANDY FORT WORTH TX 76107 (817)228-2666 For lnquldes Call: Management (866)412-6726 Fax:(914)269.9537 Speclal0iders2®Inlerllnebrandr.com 50982-FORT WORTH mvw.HomeDepolprc.comllasl/lullonal Quote Pate Customer POI Writer Salesperson 09/14/20 RICHARD TERRY DAVIS I.N. Item No. Description Qty UOM Price Ext Amt T 1 9-559057 HDP& 24x58 POST U/S 9211 BUR 1 EA 26975.44 26975.44 Y iQuotel: 20629057 I QTY 105 URINAL SCREENS 1Expected Delivery is 10 DAYS after order. iSpecial Order Item Nonreturnable. iSpecial Orders may be Subject to iFreight Charges. Quotation Sub-Total $26,975.44 Tax $0.00 Total $26,975.44 031 1215 USC 00018010 #96878150 Pro Institutional PRICE QUOTATION formerly SupplyWorks' Page 1 PO BOX 2317 Date 09/11/20 Jacksonville,FL 32203-2317 Ship To: WILL ROGERS MEMORIAL CENTER Quote 20581309 3401 W LANCASTER AVE Number FORT WORTH TX 76107 Account 740705 Number Quoted To: WILL ROGERS MEMORIAL CENTER Contact Info: 3401 W LANCASTER AVE CHRIS/BRANDY FORT WORTH TX 76107 (817)228-2656 For lnqufiles Call: (866)412.6726 Fax:(856)505-3025 Management SpeclalOrders2glnterllnebrands.com 50982-FORT WORTH myw..HomeDepofPro.coml/nstllullonai Quote Date Customer POI Writer Salesperson 09/11120 KEITH D TERRY DAVIS IN. Item No. Description Qty DOM Price Ext Amt T 1 59462A HLK ENHOTION TCBLESS DISP 145 EA 56.50 6192.50 Y Sales Cost: 56.50 2 52057 e1040TI011 OEH2 AUTO TCHLS DISP 175 EA 40.50 7087.50 Y Sales Cost: 40.50 iSxpected Delivery is 2 WEEKS after order. iSpecial Order Item Nonreturnable. iSpecial Orders may be Subject to iPreight Charges. iQuotef: 20581309 030 1215 USC 00018010 #96878150 Institutional Quote Detail Customer.W LL ROGERS M EM OPdAL Shipped To: CENTER 9401 WLANCASTERAVE CustomerID: 740705 FORT WORTH,TX 76107 Quotell). 20501345 Quote Plumbing Description: Quota Date: 919/2020 1:;'d 454076 SF2150-4 CP FCT PEDESTAL 4'BATT OPER $259.25 200 Each $51,850.00 204306229 DANCO 1-3/4 In.Bolt Style Sinl(Hole Cover In Chrome $1.85 200 Each $370.00 247B292 Sloan Valve Company SLOAN ADA UNIVERSALTOILET $115.58 60 Each $8,934.80 BOWL,TOP SPUD,1.1 TO 1.6 GPF 793567 Premier Heavy-Duty Round Open Front Plastic Toilet Seat $16.56 68 Each $1.126.08 "ith Lid In Mite 793512 Garber Mamvelt 1.28 GPF ADA Elongated Wall-Hung Toilet $242.70 8 Each $1,941.60 Bowl Only in Mite 193312 Sloan Valve Company SLOAN RESS-C G2 CLOSET FLUSH $325,00 190 Each $61,759.00 VALVE RETRO 11T 193313 Sloan Valve Company SLOAN RESS-U G2 FLUSH VALVE $325.00 150 Each $48,750.00 RETROMTURNAL 751310 G2 OPTIMA PLUS 8111-1.28 $356.67 08 Each $24.267.10 Subtotal $06,989.64 Tax $0.00 Shipping $0.00 Handling $0.00 Total $196,989.64 Questions about this quote? Codad owCudaner Berike representatives at 1-866-412-OT26 #9687815vl EXIIII31T B SERVICE ACCEPTANCE FORM Service(s)Performed: Service Ref:#: Service Name: Completion Date: Service Target Completion Date: Service Actual Completion Date: Approval Date: Comments (if needed): Approved by Vendor: Approved by City's Project Manager Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: For Director Use Only Contracted Payment Amount: Adjustments: Approved Payment Amount: #96878150 Signature: )?O)IlIldp Gohzalos Ronald P.Gonzales(Oct 21,202014:29 CDT) Email: Ronald.Gonzales@fortworthtexas.gov EXHIBIT C CERTIFICATE OF AUTHORITY AND INCUMBENCY \` P.,0 ,` C:o1•pondc l ieud(Iunrlers 701 SmhlolcoDlvd .Ixcksonvi lle,III- +2217 CERTIFICATE OF AUTHORTTY AN I) INCiJMBlfN(.'V �»ntc nPClurpnr111ion: Home Dcln.'nt 11.ti.A.,ht1:. Slala ul'I:Icu1P:lraliui:: Delnwu.rts '1'HP i111)FRNMNRD Df)T:S l,11111ill Offll'ur of file Corpewiion mintua id:ow, It.curix).udnn dulyorgnnlmd and volidly exisrhnSnndor tho Inw:nt'r'r.c�nri3diraio::set 1'oilit Abuw,and Ih:it Ll9 SLIVIt QIIiCCI'1[IIII atldIOT:/.CdLonial:uuu:i dulivur This ccnif.ewc.I htlifierccerify linr thr.hidivaluRk nnim(I hclrwarc[iulhuT:zvdluuac ulu laid dvlivvruayguvUnlnl.ul bid aruuntructurAmun[hncn'.Inngulvcrnnicnt bid or uunu•act,SL-hC6IIC+,or Miy nlhcr(k eilmenIN deemed I(CCcssvly of desli'ibla 1a comlactioll witil ilia AN5'l'LIUMI1t b:d Jl'I:UIIII'IIUt W S@I[CdIdUX Ihemw,whivh When Ho cxcculcd Hnd dclivmd shall mnstinite.a I:enlly hindin5+and r•.ufolt.c'IUIu oblif ati(nt*10w 0i1puruliun utid Ilia the fulluveing is the IIIA0a1 sit"allITC of snid individuals: i' l Dimului of Cum lliluluu Ilan yl[( �r I Murk Allcn SCI1inT i liveforof'Spcalnl ordstn u - lthy�J��ncs Suuiu:Llileulul•u('GluLal Stlulvin{; �� ' . !� t r� Tull Pulmer A-i:nnhundis:ny.Vie)President Ii10VIAKKti Prr LiJs/uuu!nwlx subnlill�l lu govu-nlnteui enlilie"[it the(ned,numicipnl,county,sratr,AArl-M Inval(sad olhcr slntllnr Juris[iiclions,lira sAwl L nies,nlld vallou:I s(milori:y oulhotizad nulh[lritics). 1N W13NESS W(irREOr,i huve hurennlo sc(lily hnnd uud i ffixcil the%ei:l of.snid cnrpnintinn oil ihk, IV,I)»y of*hcllyllwy 2020. `'. O........... ° SVl aq$CGCI,liutrt:UCp111 PRO a, The aii•ued ecrlif icule ix valid for It period of tun(2)yuiirs unl_ss the Officer cpceirw..:k nthri vlia h�.Ie(n. Signature: Signature: Email: Email: #9687815v1