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HomeMy WebLinkAboutContract 54804 CSC No.54804 CONTRACTOR SERVICES AGREEMENT (CARPENTIZYMASONRY AND RE1"ViOQ➢EL) ITB/,?FOt No.20-0170 This CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Scott Tucker Construction, LLC ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized representative.This Agreement shall be effective as of the Effective Date established herein. AGREEMENT)DOCUMENTS. The additional documents comprising this Contractor Services Agreement shall include the following I. Attachment A—Standard Terms and Conditions,Parts I and II; 2. Attachment B-The City's Invitation to Bid("ITB"), excluding Part V,Attachments E and F thereto; 3. Attachment C—Contractor's Response to ITB,specifically Part I-A Bid Solicitation Form; 4. Attachment D—Insurance and Bonds; 5. Attachment E-Verification of Signature Authority Form. Attachments A-E,are incorporated herein and made a part of this Agreement for all purposes.In the event of any conflict between the terms and conditions of Attachments A - C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES Contractor hereby agrees to provide Carpentry, Masonry and Remodeling Services for the City of Fort Worth Water Department as per Attachments B and C which more specifically describe the services to be provided hereunder. 2. TERM This Aga-reement is effective as of the date subscribed belo"v by the City's designated Assistant City Manager ("Ef�=ective Date") and shall expire on the immediately follo"vin_T September 30°' ("Initial Term"). Upon the expiration of the Initial Term.the Agreement shall reneNv,automatically under the same terms and conditions for up to four(4) one-year renewal periods (October l to September 30) and for a fifth renewal period which shall expire on the month and day of the Effective Date creating a five year total duration. City may elect or Contractor may request a non-renewal by providing the ottier party with notice of same at least 60 days before the expiration of the Initial Term or any renewal period_ 3. COMPENSATION City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B. Total payment made under this Agreement per term shall be the amount of S 230,030.00 ("Contract Amount"). Contractor 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 Contractor not specified by this Agreement unless City first approves such expenses in writing. ITB No.and Project"title Page 1 of 21 Contractor Services Agreement OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 4. TIEI21VfllI*TATTON/CANCELLATION Termination: The City reserves the right to terminate this agreement, or any part hereof, with or without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the reasonable satisfaction of the City, incurred as a result of the termination_In no event shall the total of all amounts paid to the Contractor under this section exceed the price stated in the Agreement_ The Contractor shall not be reimbursed for any profit which may have been anticipated, but which have not been earned up to the date of termination. Cancellation: City shall have the sole right to cancel this contract prior to the commencement of work should there be a change in the need for the product or services as determined by the Department Head or his/her Assistant City Manager. Non-Appropriation of Funds: In the event no fiords or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then City will immediately notify Contractor of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 5_ DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing_ Confidential Information_ Contractor,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. Unauthorized Access. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access,modify,delete or otherwise corrupt City Information in any way.Contractor 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, Contractor 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_ INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of ITB No.and Project Title Page 2 of 21 Contractor Services Agreement this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor. Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from City. Contractor 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 subcontractor. 7. LIABILITY AND INDEYE'q)TICATION LIABILITY- CONTRACTOR SHALL BE L)ABLE 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 CONTRACTOR, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES_ INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8. ASSIGNMENT Contractor shall not assign 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 Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement.Contractor and assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9. INSURANCE AND BONDING Contractor shall provide City with certificate(s) of insurance documenting policies of the types and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect prior to commencement of any work pursuant to this Agreement as provided for in Attachments D and D- 1,attached hereto and incorporated herein. ITS C.o.and Project TRIe Page 3 of 21 Contractor Services Agreement Io. COMPLIANCE WITII LAWS, ORDINANCES,RULES AND REGULATIONS Contractor 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 as set forth in Attachment A, Part 11, Section 14. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation_ 11. NON-DISCRIMINATION COVENANT Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including Chapter 17, Article III, Division 3 of the Fort Worth Code. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRMNATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 12. 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 electronic means 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 CONTRACTOR: City of Fort Worth Scott Tucker Construction Company,LLC Attn: Project Manager/Buyer's Name and Title Attn: Bill Scott 200 Texas Street 908 S.Sylvania Ave. Fort Worth,TX 76102-6314 Fort Worth,Texas 76111 Email: Phone: 817-332-9008 Phone: Facsimile:817-332-9009 Facsimile: (817)392-8654 Email: Bill@stcctx.com With copy to Fort Worth City Attorney's Office at same address 13. SOLICITATION OF EMPLOYEES Neither City nor Contractor shall,during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ,whether as employee or independent Contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not apply to an employee of either party who independently responds to a general solicitation of advertisement of employment by either party. 1T6 No.and Project Tithe Page 4 of 29 Contractor Services Agreement 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 Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. 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. 17_ 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. 18. FORCE MAJEURE City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to,acts of the public enemy,fires,strikes,Iockouts,natural disasters,wars,riots,material or labor restrictions by any governmental authority and/or any other similar causes. 19. 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. 20. ENTIRETY OF AGREEMENT This Agreement, including its attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their respective 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. 21. WARRANTY Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. Contractor warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract.Additional specific warranty provision are found in ITS No.and Project Title Page 5 of 21 Contractor Services Agreement Attachment A, fart 1, Sections 9-13. All warranty provisions shall survive the expiration of this Agreement. City shall give written notice of a breach of any warranty within thirty (30) days from the date that the cause for same is discovered. 22. PROMBITION ON CONTRACTING WITH COYRANIEES THAT BOYCOTT ISRAEL Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more, 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" shall 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 that if Chapter 2270,Texas Government Code applies,Contractor: (1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract. 23. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 24. 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. 25. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had an opportunity to review and revise 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 its attachments. 26. 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. 27. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by ITS No.and Project Title Page 6 of 21 Contractor Services Agreement proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Contractor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Attachment E. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. ACCORDINGLY, the parties hereto have duly executed this Agreement and established the Effective Date as being the date subscribed by the City's designated Assistant City Manager_ CITY OF FORT WORTH: CONTRACTOR: b��ccNgLu7of� By: Dana Burghdoff v2.202 '9:05CST) By: Name: Bill coif Title: Assistant City Manager President Date: Date: APPROVAL RECOMMENDED: By: Christopher H rder(Oct 28,20203 6:54 CDT) Name: Title: Department Director ATTEST: ��o -o* (� d By. �T/ pvo oo o 10. =o Name: Mary J.Kayser 0000 °*�c Title: City Secretary aan n00000 p APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: Begor, By signing I acknowledg e that I am the person By: °Bia`k`°ccao,z020 09:13°DrI responsible for the monitoring and Name: Douglas W Black administration ofthis contract,including Title: Sr_Assistant City Attorney ensuring all performance and reporting CONTRACT AUTHORIZATION: requirements. M&C: Zo- o&53` Date:_A 116to 1295# 2 20-653380 POOL Y: KIMBERLY POOL(Oct 27.20201CA1 CDT) Name: 1 Title: OFFICIAL RECORD ITS No.and Project Title Page 7 of 21 Contractor Services Agreement CITY SECRETARY FT.WORTH, TX ATTACHMIENT A PART-I SPIECMC TERMS AND CONDITIONS 1.0 CHANGE IN COMPANY NAME OR OWNERSffiP The Contractor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of the company 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 do so may adversely impact future invoice payments. 2.0 INVOICING REQUIREMENTS 2.1 All invoices should be submitted directly to the contracting Department. It is the responsibility of the Contractor to obtain the name and contact information of the Department's project manager to whom invoices shall be submitted. 2.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Contractor's name,phone number/email address,federal tax identification number,ITB/RFQt number, invoice number, address, date,service or item description,unit price, extended cost,and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments,as they shall be returned to the Contractor for correction and re-submittal. 23 Under no circumstances will the City be responsible for goods or services provided without an Agreement signed by an authorized city representative. 3.0 UNIT PRICE ADJUSTMENT 3.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during a renewal period but not before the effective date of a renewal and only upon written request from the Contractor. 3.2 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. 3.3 If the City does not accept the proposed rate increase,the City reserves the right to adjust the rate request,or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. 3.4 Prices bid or adjusted with a renewal, shall remain firm for each correlative term of the Agreement. 3.5 Upon expiration of the Agreement term,the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re- bid an agreement,not to exceed ninety(90)days.Contractor will be reimbursed for this service at the prior agreement rate(s). Contractor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement_ IT6 No.and Project Title Page 8 of 21 Contractor Services Agreement 3.6 Goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to the City. 4.0 QUANTITIES The quantities listed on the Part I-A Bid Solicitation Form are estimates and do not indicate intent to purchase a certain amount or any amount_ The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 5.0 INSURANCE AND BONDING REQUIREMENTS Insurance requirements are found in the Agreement,Attachment D. A valid certificate of insurance shall be provided with the signed Agreement. Failure to provide such information within five (5) calendar days thereof may be grounds for termination of the Agreement. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. Bonding requirements are described in the Call, Part 11, Section 9.2. If said bonds are required, the forms will be attached to the Agreement as Attachment D-1. 6.0 COMPLAINTS Complaints processed through the City Purchasing Division are to be corrected within fourteen (14) days of formal notice of complaint.Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the cancellation of the applicable line item(s)in the price agreement. 7.0 SUBCONTRACTING Subcontracting of the work under this Agreement will be allowed provided Contractor notifies the Project Manager at least 24 hours in advance.If Contractor intends to engage a subcontractors)to perform any of its obligations herein, subcontractor(s) shall agree to be bound by the duties and obligations of Contractor under the Contract as such duties and obligations may apply. Contractor shall, upon request, provide City with a fully executed copy of any agreement making such subcontract. 8.0 DELIVERY 8.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses, freight, mileage, time, or similar items will be accepted or paid by the City. 8.2 There may be instances when the Contractor may be asked to accelerate delivery of an order or services due to extenuating or emergency circumstances. When this occurs, the Contractor will be expected to provide this service at no additional cost. ITB No.and Project Title Page 9 of 21 Contractor Services Agreement 8.3 In the event the Contractor is unable to meet the original delivery date(s), the City must be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be grounds for canceling order(s) or services, or the entire Agreement. 8.4 Delivery tickets must include the City's BIanket Order Number and the ordering department's Release Number. 8.5 DeIivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to the City. If the item (s) are not picked up within one (1) week after notification, the item shall become a donation to the City for disposition. 8.6 Material Safety Data Sheets(if applicable) 8.6.1 A Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to Revised Statutes Annotated (RSA) Chapter 277-A (277-A), shall accompany each delivery. Delivery of toxic or hazardous substance or mixtures containing such substance without MSDS sheets shall not be accepted. Delivered containers shall be properly Iabeled pursuant to RSA 277-A. 8.62 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277-A, shall place the Contractor in non-compliance and shall result in civil or criminal penalties. The Contractor furnishing substances or mixtures subject to RSA 277-A, is responsible for adhering to and being in compliance with this law. Failure to comply with RSA 277-A,shall result in the cancellation of an order. 9.0 WARRANTIES 9.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 9.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment,material, or design furnished by the Contractor or any supplier at any tier. 9.1.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines "prompt" repair or replacement to be within twenty- four (24) hours after notification by authorized City personnel. 9.1.3 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City_ 9.1.4 The Contractor shall remedy at the Contractor's expense any non-conforming or defective products or work. In addition, the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth,when that damage is the result of a defect of products furnished. 9.1.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. ITS No.and Project Titie Page 10 of 21 Contractor Services Agreement 9.1.6 The City of Fort Worth shall notify the Contractor,within a reasonable time after the discovery of any failure,defect,or damage. 9.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 9.1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 9.2 With respect to all warranties, expressed or implied,from manufacturers, or suppliers for work performed and materials furnished under this contract,the Contractor shall: 9.2.1 Obtain all warranties that would be obtained in normal commercial practice; 9.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 10.0 PRTCE WARRANTY 10.1 The price to be paid by City shall be that contained in Contractor's proposals which Contractor warrants to be no higher than Contractor's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Contractor breaches this warranty, the prices of the items shall be reduced to the prices contained in Contractor's proposals, or in the alternative upon Contractor's option, Contractor shall have the right to cancel this contract without any liability to Contractor for breach or for Contractor's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Contractor may have in law or equity. 10.2 Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee,excepting employees of an established commercial or selling agency that is maintained by Contractor for the purpose of securing business.For breach or violation of this warranty, City shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage,brokerage or contingent fee,or otherwise to recover the full amount thereof. 11.0 PRODUCT WARRANTY Contractor shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Contractor. Contractor warrants that the goods furnished will conform to City's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Contractor, if any. In the event of a conflict between City's specifications,drawings,and descriptions, City's specifications shall govern. 12.0 SAFETY WARRANTY Contractor warrants that the product sold or services provided to City shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act(OSHA) of 1970, as amended.In the event the product or services do not conform to OSHA standards, City may return the product for correction or replacement at Contractor's ITS No.and Project Title Page 11 of21 Contractor Services Agreement expense or City may terminate the contract. In the event Contractor fails to make appropriate correction within a reasonable time,any correction made by City will be at Contractor's expense. Where no correction is or can be made, Contractor shall refund all monies received for such Pods or services within thirty (30) days after request is made by City in writing and received by Contractor. Notice is considered to have been received upon hand delivery, or otherwise in accordance with the Notice provisions of this contract.Failure to make such refund shall constitute breach and cause this contract to terminate immediately_ 13.0 WARRANT'AGAINST INFRING EM ENT OF INTELLFCTITAL PROPERTY 13.1 If applicable to the services being provided, the CONTRACTOR warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,")do not infringe upon or violate any patent,copyrights,trademarks, service marks,trade secrets, or any intellectual property rights or other third party proprietary rights,in the performance of services under this Agreement. 13.2 If applicable to the services being provided, CONTRACTOR shall be liable and responsible for any and all claims made against the City for infrinZD gement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s)hereunder. 13.3 If applicable to the services being provided, CONTRACTOR agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as CONTRACTOR bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, CONTRACTOR 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 the City's interest, and City agrees to cooperate with CONTRACTOR 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 the City for infringement arising under this Agreement, the 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, CONTRACTOR shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give CONTRACTOR timely written notice of any such claim or action, with copies of all papers City may receive relating thereto_ Notwithstanding the foregoing,the City's assumption of payment of costs or expenses shall not eliminate CONTRACTOR's duty to indemnify the City under this Agreement If the Deliverable(s), 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, CONTRACTOR shall,at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not IT6 No.and Project Title Page 12 of 21 Contractor Services Agreement materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s)with equally suitable,compatible,and functionally equivalent non-infringxnc, Deliverable(s) at no additional charge to City; or(d) if none of the foregoing alternatives is reasonably available to CONTRACTOR, terminate this Agreement, and refund all amounts paid to CONTRACTOR by the City, subsequent to which termination City may seek any and all remedies available to City under law. 14.0 SAFETY The Contractor shall be responsible for creating and maintaining its own safety plan meeting all federal,state, county or city laws,ordinances and regulations. 15.0 HAZARDOUS CONDITIONS The Contractor is required to notify the City immediately of Contractor's discovery of any hazardous conditions during performance of the services. City may suspend contractor's work for such reasonable time as is necessary to evaluate the possible hazardous conditions and to develop a plan for managing same_ Contractor and City may negotiate a change order, if necessary, for Contractor to continue its work if the original conditions have materially changed due to the discovery of hazardous conditions. ITB No.and Prc ectTitle Page 13 of21 Contractor Services Agreement FART-II GENERAL TERNLS AND CONDITIONS 1.0 TDEFrNTTTON OF CTTV The City of Fort Worth, its officers, agents, servants, authorized employees, contractors and subcontractors who act on behalf of various City departments,bodies or agencies. 2.0 TDEFTNUrON OF CONTRACTOR The consultant, service provider(s), supplier, or other provider of goods and/or services, its officers, agents, servants, employees, contractors and subcontractors who act on behalf of the entity which is engaged in a contract with the City. 3.0 T'UBLYC TNFORMATTON Any information submitted to the City of Fort Worth may be requested by a member of the public under the Texas Public Information Act.If the City receives a request for a Contractor's proprietary information, the Contractor Iisted in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Contractor believes that its information may not lawfully be released.If Contractor does not make arguments or the AG rejects the arguments Contractor makes, Contractor's information will be released without penalty to the City. 4.0 PRORTBTTTON AGAINST RERSONAT TNTFRFST IN CONTRACTS No officer or employee of City shall have a financial interest, direct or indirect,in any contract with City or be financially interested, directly or indirectly, in the sale to City of any land, materials, supplies or services, except on behalf of City as an officer or employee.Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge,expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII,Section 16,City of Fort Worth Charter) 5.0 RCS 5.1 No employees of the City or its officers, agents, servants, contractors or subcontractors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the City. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the City's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Contractor without an approved contract number, purchase order number, or release number issued by the City may result in rejection of delivery,return of goods at the Contractor's cost and/or non-payment. 6.0 CONTRACTOR TO PACKAGE GOODS If applicable to the scope of work, Contractor will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a)Contractor's name and address:(b)Consignee's name,address and purchase order or purchase change order number, (c)Container number and total number of containers,e.g.,box 1 of 4 boxes; and (d)Number of the container bearing the packing slip. Contractor shall bear the IT6 No.and Project Title Page 14 of 21 Contractor Services Agreement cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 S1ET•dPMENT TJNIDFR RFSERVATTONPROTTTRTTIED Contractor is not authorized to ship the goods under reservation,and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RTSK OF LOSS If applicable to the scope of work,the title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 PLACE OFDELTVERY If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order,or release order. 10.0 RTGrTT OF TNSPECTTON If applicable to the scope of work, City shall have the right to inspect the goods upon delivery before accepting them. Contractor shall be responsible for all charges for the return to Contractor of any goods rejected as being nonconforming under the specifications. 11.0 SOFTWARF,LTCFNSF TO CONTRACTOR If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Contractor, and is licensed and provided to the City for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Contractor; however City may make copies of the software expressly for backup purposes. 12.0 OWNERSTTTP OF WORK PRODUCT If applicable to the scope of work, Contractor agrees that 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, Contractor 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. Contractor for itself and on behalf of its contractors hereby waives any property interest in such Work Product. tTB No_and Project Title Page 15 of 21 Contractor Services Agreement 13.0 NETWORK ACCESS The City owns and operates a computing environment and network(collectively the "Network"). If Contractor requires access,whether onsite or remote,to the City's network to provide services hereunder, and the Contractor is required to utilize the Internet,Intranet, email, City database, or other network application, Contractor shall separately execute the City's Network Access Agreement prior to providing such services. A copy of the City's standard Net vork Access Agreement can be provided upon request. 14.0 LAWS REGULATIONS AND ORDINANCES The Contractor shall be responsible for meeting all Federal: Iaws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes,but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 15.0 TNIMTGRATYON NATIONALYTY ACT Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor 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 Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND ]BOLD 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, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 16.0 IIFALTF.(, SAFETY AND ENVIRONMENTALRFOYITRFMFNTS Services, products, materials, and supplies provided by the Contractor must meet or exceed all applicable health, safety, and the environmental laws,requirements, and standards_ In addition, Contractor agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Contractor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Contractor_ 17.0 RT(CHT TO AUDTT Contractor agrees that the City, or City's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to City, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents,papers and records of the Contractor involving transactions relating to this contract_ Contractor agrees that the City shall have access, during normal working hours, to all necessary Contractor facilities, and shall be provided adequate and appropriate ITE No.and Project Title Page 16 of 21 Contractor Services Agreement workspace, in order to conduct audits in compliance with the provisions of this section. City shall pay Contractor for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The City shall give Contractor reasonable advance written notice of intended audits, but no less than ten (10)business days. 18.0 1DISABT LITX In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 19.0 TJ IV E TO CURE/DISPUTE RESOLUTION 19.1 If either City or Contractor has a claim,dispute,or other matter in question for breach of duty, obligations,services rendered or any warranty that arises under this Agreement,the parties shall first provide a reasonable time to cure and then attempt to resolve the matter through this dispute resolution process.The disputing party shall notify the other party in writing as soon as practicable after discovering the claim,dispute,or breach.The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to cure, resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to cure or resolve the dispute within sixty(60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 192 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure any deficiency. 193 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the appropriate Department Head who may take appropriate action to cure the performance problem(s). 19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of Contractor's receipt of notice of same. 19.5 The Contractor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become,due and owing to the City. ITB No.and ProlectTitla Page 17 of21 Contractor Services Agreement ATTACHMENT B CALL FOR BIDS/PROPOSALS PARTS I-31 guserted behind this page) ITB No.and ProjecfTrfe Page 18 of21 Contractor Services Agreement I FORT WORTH.. -- CITY F FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFWO1-20-0170 1 Event Round Version 1 1 Event Name ITB Carpentry, Masonry, and Remodeling services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 17 2020 08:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids to establish an Annual Agreement for the provision of minor carpentry, masonry and remodeling services for the Water Department.The term of this Agreement shall begin on the date subscribed by the City s designated Assistant City Manager(Effective Date)and shall expire on the immediately following September 30th(Initial Term). Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms and conditions for up to four(4)one-year renewal periods (October 1 to September 30)and for a fifth renewal period which shall expire on the month and day of the Effective Date creating a five year total duration.City may elect or Contractor may request a non-renewal by providing the other party with notice of same at least 60 days before the expiration of the Initial Term or any renewal period. Terms &Conditions There is no pre-bid conference for this ITB. Bids are solicited for furnishing the supplies,services and equipment as set forth in this solicitation_ Completed Bids including one executed original,three copies and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P-M.,July 16,2020,and then opened and read publicly via live stream on FortWorthTV at 2:00 P.M.Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids will only be accepted by the following ways: 1.Mail: City of Fort Worth,Purchasing Division, Lower Level, City Hall,200 Texas Street, Fort Worth,Texas 76102 2.Hand delivered from 8:30am 1:30pm on Thursdays at the South End lobby of City Hall. 3.To submit a bid earlier, please call Purchasing at 817-392-2462 to make an appointment for Purchasing to pick up the bid,Monday through Friday between 8:30am-5:00 pm,at the South End Lobby at City Hall. Bids delivered by special courier(i.e.Federal Express,Special Delivery etc.)are to be marked on the outside of the couriers shipping envelope BID No.20-0170,ITB-CARPENTRY, MASONRY,AND REMODELING SERVICES AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid_ Bids may be withdrawn at any time prior to the official opening.Bids may not be altered,amended or withdrawn after the official opening.The undersigned agrees,if the bid is accepted,to furnish any and all items upon which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date. DOCUMENT NAME-LOCATION Bid Offer Sheet—-Cover Page of Final Bid Document V1 and attached as a separate document Instruction to Bidders-Part 1 of Final Bid Document V1 Purchasing Agreement Specifications- Part 2 of Final Bid Document V1 Standard Purchasing Terms and Conditions- Part 3 of Final Bid Document V1 Scope of Services/Specifications-Part 4 of Final Bid Document V1 Conflict of Interest Disclosure Requirement—-Attachment Aof Final Bid Document V1 Consideration of Location of Bidder's Principal Place of Business"(if applicable)-Attachment B of Final Bid Document V1 Vendor Contact Information— -Attachment C of Final Bid Document V1 Reference Sheet-Attachment D of Final Bid Document V1 M1WBE Goal-Exhibit A of Final Bid Document V1 How to Register with the City of Fort Worth-Attachment E of Final Bid Document V1 No Bid Sheet-Attachment F of Final Bid Document V1 Draft Contractor Service Agreement-Attachment G of Final Bid Document V1 —Required to be completed and submitted_See Section 20.0, Part 2 for all required document submission. ITB 20-0170 Carpentry,Masonry and Remodeling Services Page 1 of 74 FORT WORTE, -� "-" CITY OF FORT WORTH BIDOFFER Event ID Page Invited: BIDDERS CFW01-20-0170 2 Event Round Version 1 1 Event Name ITB Carpentry, Mason and Remodeling Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 17 2020 08:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as if they were incorporated in full text. ITB 20-0170 Carpentry,Masonry and Remodeling Services Page 2 of 74 F®RT WORTE, CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFW01-20-0170 3 Event Round Version 1 1 Event Name ITB Ca=entry, Masonry, and Remodeling Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 17 2020 08:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature,represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: Company Address: City,State,Zip: PeopleSoft Supplier No. Federal ID Number(TIN): Printed Name of Officer or Authorized Representative: Title: Signature of Officer orAuthorized Representative: Date: Email Address: Phone Number: ITB 20-0170 Carpentry,Masonry and Remodeling Services Page 3 of74 i CITY OF FORT WORTHOFFER Event Page Invited: BIDDERS CFWO1-20-0170 4 Event Round Version 1 1 Event Name ITB Carpentry, Masonry, and R odeling Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 17 2020 08:00:00 CDT 07 16 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qtv Unit UnitPrice Total SUPERVISOR REGULAR HOURS 919.00 HR �� C Line: 2 Description Unit UnitPrice Total SKILLED LABORER REGULAR HOURS 3701.00 HR Line: 3 Description: Qtv Unit UnitPrice Total HELPER REGULAR HOURS 3701.00 HR [� C= Total Bid Amount: -The City may request the Contractor to purchase material and bill the City at the Contractor's cost plus the percentage markup as stated in the bid. Contractor must furnish proof of cost(copies of invoices)for any material charged to the City.*** ITB 20-0170 Carpentry,Masonry and Remodeling Services Page 4 of 74 PART 4 SCOPE OF SERVICES/SPECIFICATIONS 1.1 The Vendor shall provide furnish labor and materials necessary to make minor carpentry, masonry and remodeling services to City buildings as requested by the Water Department on an as needed basis. 1.2 The City reserves the right to supply all or part of the material and equipment for all jobs_ 1.2.1 The City may request the Contractor to purchase material and bill the City at the Contractor's cost plus the percentage markup as stated in the bid. Contractor must furnish proof of cost(copies of invoices)for any material charged to the City. 1.2.2 Materials shall be billed at cost plus 10% (maximum) mark-up. 1.3 Labor shall be charged at a fixed hourly rate. 1.3.1 Time will begin upon arrival at jobsite. No travel time will be charged. 1.3.2 Contractor shall sign in and out with a designated City representative. 1.4 Jobs may require an estimate. If required,the estimate will be for budgeting purposes only. All works must be billed based on time actually work to the nearest quarter hour and material. 1.4.1 Estimates,when requested, must be submitted within five(5) business days to the designated City representative. 1.4.1.1 Equipment rental fees shall be included on the estimate provided to req u estor_ 1.4.2 Jobs must be scheduled within five(5) business days after receipt of purchase order. 1.5 Contractor work shall be scheduled between normal business hours, 8:00 am to 5:00 pm, Monday through Friday. 1.5.1 Labor that is requested outside of normal business hours will be charged at 1.5 times the normal rate. 1.5.2 No night or weekend work will be allowed without authorization from a City representative. 1.6 If Contractor is called after hours for an emergency repair or on holidays the Contractor must return City representatives phone call within ONE hour. 1.6.1 Emergency repairs must be stated within four(4) hours of Facilities initial request for service. 1.6.2 Emergency repair labor may be charged at 1.5 times the normal rate. 1.7 All work must meet building codes and must be permitted and inspected as required by the City of Fort Worth. 1.8 Contractor will be responsible for obtaining required permits and inspections. ITB 20-0170 Carpentry,Masonry and Remodeling Services Page 28 of 74 1.8.1 Required permits may be billed to the City, no markup or permit costs will be permitted. 1.9 Upon completion project area must be cleaned of trash, excess building material, etc.,to broom clean condition. 1.10 if Contractor damages City owned property,the Contractors shall repair or replace the item at the City's discretion. 2 Restocking. Exchanges and Returns 2.1 There will be no restocking charge to the City for return or exchange of any stock item purchased under the terms of this Agreement. 2.2 If the City wishes to return items purchased under this Agreement, Contractor agrees to exchange or credit during the term of the Agreement,these items for other items under this Contract, with no additional charge incurred. 2.3 Items must be returned/exchanged to Contractor within 30 days from date of delivery. 2.3.1 This return and exchange option shall extend for thirty days following the expiration date of the Agreement. 2.3.2 When there is a price difference between the items exchanged, Contractor shall invoice the City for increase price or provide the City with a credit or cash refund, (whichever is applicable). 2.3.2.1 All items returned by the City must be unused and in the same merchantable condition as when received. 2.3.3 Items that are special ordered by the City and/or not normally stocked by the Contractor may be returned only upon approval of the Contractor. ITB 20-0170 Carpentry,Masonry and Remodeling Services Page 29 of74 ATTACHMENT A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e.The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law,the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential Agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents.The form is also available at http://wvvw.ethics.state.t>,.us/forms/C]Q-pd . If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement.An offense under Chapter 176 is a Class C misdemeanor. NOTE; If you are not aware of a Conflict of Interest in any business relationship that you might have with the City,state Vendor name in the#1, use N/A in each of the areas on the form. However, a signature is required in the#4 box in all cases. ITB 20-0170 Carpentry,Masonry and Remodeling Services Page 30 of 74 ATTACHMENT C CONTRACTOR'S RESPONSE TO CALL FOR BIDS/PROPOSALS (.Inserted behind this page) ITS No.and ProjectTftie Page 19 of21 Contractor Services Agreement Il'�!�i° OVa3�f.rlr UTY OF FORT RT WORRTH M0 OFFER L' Event ID Page Invited: BIDDERS CFWOI-20-0170 1 Event Round Version 1 1 Event Name ITB CarpentrV, Masonry, and Remodeling Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06/17/2020 08:00:00 CDT 07/16/2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST_ Fort Worth TX 76102 United States tr Email: FMSPurchasingResponses@fortworthtexas.gov Event Descri $ion The City of Fort Vrth seeks bids to establish an Annual Agreement for the provision of minor carpentry, masonry and remodeling services for the Water Department.The term of this Agreement shall begin on the date subscribed by the City s designated Assistant City Manager(Effective Date)and shall expire on the immediately following September 30th(Initial Term)_Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms and conditions for up to four(4)one-year renewal periods (October 1 to September 30)and for a fifth renewal period which shall expire on the month and day of the Effective Date creating a five year total duration_City may elect or Contractor may request a non-renewal by providing the other party with notice of same at least 60 days before the expiration of the Initial Term or any renewal period. Terms &Conditions There is no pre-bid conference for this ITB_ Bids are solicited for furnishing the supplies,services and equipment as set forth in this solicitation. Completed Bids including one executed original,three copies and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,July 16,2020, and then opened and read publicly via live stream on FortWorthTV at 2:00 P.M.Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager_YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1.30 DEADLINE IN ORDER TO BE CONSIDERED. Bids will only be accepted by the following ways: 1.Mail: City of Fort Worth,Purchasing Division, Lower Level,City Hall,200 Texas Street,Fort Worth,Texas 76102 2.Hand delivered from 8:30am 1:30pm on Thursdays at the South End lobby of City Hall. 3.To submit a bid earlier,please call Purchasing at 817-392-2462 to make an appointment for Purchasing to pick up the bid,Monday through Friday between 8:30am-5:00 pm,at the South End Lobby at City Hall_ Bids delivered by special courier(i.e.Federal Express,Special Delivery etc.)are to be marked on the outside of the couriers shipping envelope BID No.20-0170,ITB-CARPENTRY,MASONRY,AND REMODELING SERVICES AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening.Bids may not be altered,amended or withdrawn after the official opening.The undersigned agrees,if the bid is accepted,to furnish any and all items upon which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date. DOCUMENT NAME-LOCATION Bid Offer Sheet**-Cover Page of Final Bid Document VI and attached as a separate document Instruction to Bidders-Part 1 of Final Bid Document V1 Purchasing Agreement Specifications- Part 2 of Final Bid Document V1 Standard Purchasing Terms and Conditions- Part 3 of Final Bid Document V1 Scope of Services/Specifications-Part 4 of Final Bid Document VI Conflict of Interest Disclosure Requirement**-AttachmentA of Final Bid Document V1 Consideration of Location of Bidder's Principal Place of Business`*(if applicable)-Attachment B of Final Bid Document VI Vendor Contact Information" -Attachment C of Final Bid Document V1 Reference Sheet-Attachment D of Final Bid Document V1 M1/WBE Goal-Exhibit A of Final Bid Document V1 How to Register with the City of Fort Worth-Attachment E of Final Bid Document V1 No Bid Sheet-Attachment F of Final Bid Document V1 Draft Contractor Service Agreement-Attachment G of Final Bid Document V1 **Required to be completed and submitted.See Section 20.0,Part 2 for all required document submission_ ITB 20-0170 Carpentry,Masonry and Remodeling Services Pane 1 of 74 �0 OF FOR ��0RTH M0 OFFEP Event ID Page Invited: BIDDERS CFW01-20-0170 2 Event Round Version 1 1 Event!Name ITB carpentry, masonry, and RemodelingServices Submit TO: City OfRCHAASSING DIVISION Fort Worth Start Time Finish Time PURCHASING LOWER 06/17/2020 08:00:00 CDT 07/16/2020 13:30:00 CDT TEXAS EL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponsesQa fortworthtexas_gov Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as if they were incorporated in full text_ ITB 20-0170 Carpentry,Masonry and Remodeling Services Pang.7 of 74 i Er Event ID Page Invited: BIDDERS CFW01-20-0170 3 Event Round Version 1 1 Event Name ITB Car ent Mason and RemodelingServices Submit To: PU�ty' C Fort Worth Start Time Finish Time LORCHA EVEING DIVISION OE/17/2020 08:00:00 CDT 07/16/2020 13:30:00 CDT LOWER ELC{TYHALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned,by his/her signature,represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: Scott Tucker Construction Company, LLC Company Address: 908 S Sylvania Avenue City,State,Zip: Fort Worth Texas 76111 PeopleSoft Supplier No. 28549 Federal ID Number(TIN): 26-2720352 Printed Name of Officer or Authorized Representative: Bill Scott Title: President Signature of Officer or Authorized Representative: J ' Date: July 16 2020 Email Address: bill@stcctx.com Phone Number. 817-332-9008 ITB 20-0170 Carpentry,Masonry and Remodeling Services Perna;i nf7d m4�➢�o� C��10�fb�l:. �-��-- C�U Y OF FORT VIOR 7 H B 0 OFFER Event ID Page Invited: BIDDERS CFW01-20-0170 S Event Round Version 1 1 Event Name ITB Carpentry, Masonry, and Remodeling Services Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06/17/2020 08:00:00 CDT 07/16/2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMS Purchasing Responses@fortworthtexas_gov Line Details Line: 1 Description: Qtv Unit UnitPrice Total SUPERVISOR REGULAR HOURS 919.00 HR $39.60 $36,392.40 Line: 2 Description: Qty Unit UnitPrice Total SKILLED LABORER REGULAR HOURS 3701.00 HR $29.04 $107,477.04 Line: 3 Description: Qty Unit UnitPrice Total HELPER REGULAR HOURS 3701.00 HR $23.76 $87,935.76 Total Bid Amount: $231,805.20 "*The City may requestthe Contractor to purchase material and bill the City atthe Contractors cost plus the percentage markup as stated in the bid_ Contractor must furnish proof of cost(copies of invoices)for any material charged to the City.— ITB 20-0170 Carpentry,Masonry and Remodeling Services Panes d of 74 For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.S. 23, 84th Leg., Regular Session. OFFICE USE ONLY _ This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code_ A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. d Name of vendor who has a business relationship with local governmental entity. Scott Tucker Construction Company, LLC 217 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 31 Name of local government officer aboutwhom the information is being disclosed. N/A Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. N/A A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? F7 Yes E� No B. is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F7Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. N/A s Checkthis box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 kJuly 16, 2020 sl Signature of i(tendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1 1/3 0120 1 5 ITB 20-0170 Carpentry,Masonry and Remodeling Services Pane 31 of 74 ATTACHMENT B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids,to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested,if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes, identify address: 908 S.Sylvania Avenue Fort Worth,Texas 76111 b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office_ [must exceed 50%] 100% 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? 16 b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company(for prior tax year—Fort Worth office or former location,if Fort Worth office is newly- established)? $9 988 Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof,under penalty of perjury. Scott Tucker Construction Company, LLC July 16,2020 (C"ml Name) (Date) Bill Scott, President (sllgnature) (Printed Name and Title) 1TB 20-0170 carpentry,Masonry and Remodeling Services PnoP 33 of 74 i ATTACHMENT C VENDOR CONTACT INFORMATION Vendor's Name: Scott Tucker Construction Company LLC Vendor's Local Address: 908 S.Sylvania Avenue,Fort Worth,Texas 76111 Phone: 817-332-9008 Fax: 817-332-9009 Email: bill(a�stcctx com Name of persons to contact when requesting services or billing questions: Name[Title Bill Scott President Primary contact Phone: 817-332-9008 Fax: 817-332-9009 Email: bill@stcctx.com Name/Title Jeff Giles Vice President Contact for estimating Phone: 817-332-9008 Fax: 817-332-9009 Email: ieff@stcctx com Name/Title Jack Jackson CFO Contact for billing Phone: 817-332-9008 Fax: 817-332-9009 Email: iack(a)stcctx com _ ? � Will your company accept P card payments yes X no ,� q/ Bill Scott July 16,2020 Si�naturd Printed Name Date I� I ITB 20-0170 Carpentry,Masonry and Remodeling Services Pane 34 of 74 I ATTACHMENT D REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references for at least three (3) recent customers to whom products and(or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name City of Fort Worth-Water Department Name of Contact Gregory Stean Title of Contact PartslMaterials Supervisor Field Operations Present Address 1500 11th Avenue City,State,Zip Fort Worth,Texas 76102 Code Telephone ( 817 ) 392-5027 Fax Number( ) Number Email Gregory Stea n(cDfo rtworthtexas.gov 2. Company's Name City of Fort Worth-Facilities Management Name of Contact Ron Jenkins Title of Contact Senior Supervisor-Skilled Trades Present Address 5001 James Avenue City, State,Zip Fort Worth,Texas 76115 Code Telephone ( 817 )980-4857 Fax Number( ) Number Email Ronald Jenkins(a�fortworthtexas gov 3. Company's Name City of Fort Worth-Fort Worth Botanic Gardens Name of Contact Ennis Anderson (now employed at BRIT) Title of Contact Vice President of Operations -- Present Address 1700 University Drive City, State,Zip Fort Worth,Texas 76107 Code Telephone ( 214 )541-8923 Fax Number( ) Number Email eanderson(o)brit org - i ITB 20-0170 Carpentry,Masonry and Remodeling Services Pang 35 of 74 I BIDDER QUALIFICATIONS Scott Tucker Construction Company,LLC is a limited liability company formed in 2008 in the State of Texas. We are a Fort Worth based construction manager, general contractor, design-builder and concrete contractor. We have experience in a wide range of construction projects including new construction, remodeling, historical renovations, park construction and renovation,water features,hospitality and recreational work for both public entities and private owners. We are also a pre-qualified TXDOT contractor and have completed several TXDOT projects since 2015_ We have had an existing Carpentry, Masonry and Remodeling Services contract with the City of Fort Worth since 2016 and a Masonry Services contract with the Parks&Recreation Department since 2017_ We have listed some of the projects completed under those contracts below. Project Remove&Replace Paving Cost $19,490.91 Completion April 2020 Descri tion Remove &replace paving at the MLK Drop-off Station Project ADA Walkway Cost $60 473.00 Completion JuIV 2020 Descri tion Flagstone ADA walkway.at the Fuller Garden in the Fort Worth Botanic Gardens Project Concrete Freezer Pad Cost $14,579.00 Completion February 2020 Descri tion Concrete freezer pad and paving for Animal Shelter Project anopy Demolition Cost $2 984.94 Completion February 2020 Descri tion Removal of damaged canopy at Southwest Municipal Court Project K-9 Obstacle Course Cost $27 005.00 Completion December 2019 Description Concrete obstacles for K 9's at Bob Bolen Public Safety Center Project Transformer Pad Cost $7,600.00 Completion June 2019 Description New concrete transformer pad at the Botanic Gardens Project East Police Painting Cost $3,500.00 Completion November 2019 Descri tion Re-paint selected exterior walls at East Police HQ Project Japanese Garden Expansion Joints Cost $6,518.00 Completion November.2019 Description Remove&replace concrete expansion joints at Moon Deck Project Water Department Facii1ity Renovation Cost $252 368.00 Completion November 2109 Description Remodel existing building Project R D Evans Communi Center—Refinish Wood Floor Cost $4 255.00 Completion Se tember 2019 Description Refinish existing wood floorin at R D Evans Community Center Project Fire Station 4 Porch Repair Cost $14 954.26 Completion August 2019 Descri Lion Repair concrete porch foundation Project New sidewalks—Bob Bolen Public SafetV Complex Cost $18174 Completion September 2018 Description Place and finish new concrete sidewalks Project Concrete Joint Seal 2017 Cost $606,550 Completion August 2017 DescriiDtion Removal and replacement of joint sealants for 35 miles of City streets. Project 1000 Calvert Cost $9 254 Completion March 2018 Descri tion Demolition of existing fencing and concrete pads. Pour new concrete pads. Project South Service Center Gate Improvements Cost $26 423 Completion April 2018 Description Saw-cut and demolish existing concrete paving. Place and finish new concrete for sliding gate and gate operator and gate controls. Project Sidewalk Improvements—Bob Bolen Public Safety Complex Cost $9,382 Completion October 2017 Description Place and finish new concrete sidewalks re-work irrigation system, install bollards. Project Concrete Ramps&Doorbell—Fort Worth Animal Care and Control Shelter Cost $6 711 Completion September 2017 Description Remove and replace two exterior concrete ramps. Relocate doorbell. Project BradIeV Center Slab Replacement Cost $39,445 Completion September 2017 Description Saw-cut, demolish and replace interior slab on grade at the BradleyCommuni Center. Project Sidewalk Replacement—Seminary Library Cost $52,622 Completion September 2017 Descri tion Removal and replacement of roughly 3,500 SF of concrete sidewalks. Project Ramp Replacement—MLK Community Center Cost $2,651 Completion April 2017 Descri tion Saw-cut, remove and replace concrete ramp. Project Bollard Removal at the James Avenue Service Center Cost $3145 Completion March 2017 Descri lion Saw-cut and remove bollards from e)(isting paving. Pour-back paving... i l C 1T TT�C RT L City of Fort Worth M inori tyforr en Business Enterprise Specifications bons Prime Contractor Waiver Form OFFEROR COMPANY NAME: Check applicable box to describe Offeror's Scott Tucker Construction Company, LLC Certification PROJECT NAME: =N11WIDBE �Zj NON-MM/DBE iTB Carpentry, Masonry and Remodeling 7-16-2020 Services BID DATE City's MANBE Project Goal: Offeror's MNVBE Project Commitment: PROJECT NUMBER 10 % 0 Rio CFW01-20-0170 If both answers to this form are YES, do not complete ATTACHMENT 1 C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO,then you must complete ATTACHMENT 1 C. This form is only applicable if b—th answers are yes. Failure to complete this form in its entirety and be received by the Purchasing Division no later than 2:00 p.m.. on the second City business day after bid opening, exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? .r YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project,this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project,this is your normal business practice and provide an inventory profile of your business. NO The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment thereof and any proposed changes to the original MMlBE(s) arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and Iles held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City.Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of tune nqt less than2oantill year. Authorized Signature Printed Signature President Title Contact Name(if different) Scott Tucker Construction Company, LLC 817-332-9008 817-332-9009 Company Name Phone Number Fax Number 908 S. Sylvania Avenue b!11@lstcctx.com Address Email Address Fort Worth, Texas 76111 July 16, 2020 CitylState/Zip Date Office of Business Diversity Email: mwbeoffice@fortworthtexas.gov ITB 20.0170 Carpentry,Masonry and Remodeling Services Paned3of74 PRIME CONTRACTOR WAIVER EXPLANATION This is a unit price proposal for labor only. There is no defined scope of work and there are no bid items for materials, equipment, turn-key services, or subcontracting opportunities. The bid items in our proposal include wages, labor burden and fee for our employees only. If we are one of the successful bidders for this proposal and any of the future projects we are selected for exceed $50,000 in value,we will comply with all of the provisions of the Business Diversity Enterprise Ordinance. III I ATTAACII.+LENT D INSURANCE AND ATTAC alENT D-1 BONDING (if necessary) (Behind this page are the City's standard insurance requirements and,if necessary,payment and performance bond forms) ITS No.and Pro;sct iitie Page 20 of 21 Contractor Services Agreement i ATTAC) MINT E VERIFICATION OF SIGNATURE AUTHORITY Contractor: Scott TLicker Construction Colnpatw- LLC .address: 908 S. Svivania Ave. Cim: state.zip: Fort Worth.Texas;G 1 1 1 Execution of this Signature Verification Form ("Form")hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution,ordinance or other authorization of Contractor.City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor 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 Contractor. 1. Name: Bill Scott Position:Piresidgit Signatur 2. Name: Jeff Giles Position:VP Signature 3. Name: Position: Signature Name: SignatuO of President/CEO Other Title: Date: a ITB No.and Project Title Page 21 of 21 Contractor Services Agreement I 10/27/2020 M&C Review Official site of the City of Fort Worth.Texas 0*1 r0RT WORT %.11TY COUNCILAGENDA REFERENCE "M&C 20- LOG 13P20-0170 CARPENTRY, MASONRY REF DATE: 9/15/2020 REF 0653 NAME: AND REMODELING SERVICES WATER SNB CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL)Authorize the Execution of an Agreement with Scott Tucker Construction Company, LLC for Carpentry, Masonry and Remodeling Services for the Water Department in a Combined Annual Amount Up to $250,030.00 and Authorize Four Annual Renewal Options RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with Scott Tucker Construction Company, LLC for carpentry, masonry and remodeling services for the Water Department in a combined annual amount up to $250,030.00 and authorize four annual renewal options. DISCUSSION: The Water Department approached the Purchasing Division to procure a bid for an annual agreement for carpentry, masonry and remodeling services.This agreement will be used to make and/or assist City crews in making minor alterations and repairs to City buildings. In order to procure these services, staff issued an Invitation to Bid (1TB) consisting of detailed specifications for labor and service requirements. The bid was advertised in the Fort Worth Star-Telegram on June 17, 2020, June 21, 2020, July 1, 2020, July 8, 2020 and July 15, 2020.The City received four bids. Bids were evaluated based on lowest bidder complying with all the provisions of the solicitation. Staff from the Water Department recommends awarding a one-year agreement to Scott Tucker Construction, LLC along with four one-year options to renew. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor bid meets specifications. An administrative change order or increase may be made by the City Manager in the amount of $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. Scott Tucker Construction Company, LLC is in compliance with the City's BDE Ordinance by submission of the prime contractor waiver form.The City's M/WBE goal on this project is 10\%. Upon City Council approval, the initial term shall begin upon the execution of the agreement and shall end one year from that date. Each 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 upon approval of the above recommendation and adoption of the Fiscal Year 2021 Budget by the City Council, funds will be available in the Fiscal Year 2021 Operating Budget, as appropriated, in the Water&Sewer fund. Prior to an expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ apps_cfwnet.org/council_packet/mc review.asp?ID=28222&councildate=9/15/2020 1/2 I i 90/27/2020 M&C Review TO Fund Department Account Project Program Activity I Budget Reference# Amount ' ID ID I Year (Chartfield 2) ` FROM Fund Department Account Project Program Activity I Budget Reference# Amount ID P ID ' Year (Chartfield 2) Submitted for City Manager's Office by_ Jay Chapa (5804) Dana Burghdoff(8018) Originating Department Head: Reginald Zeno (8517) Cynthia Garcia (8525) Additional Information Contact: Sarah Czechowicz (2059) i i ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?1D—_28222&councildate=9/15/2020 2/2 i