Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 56246
CSC No. 56246 FORT WORTH, NON-EXCLUSIVE WINDOW WASHING SERVICES AGREEMENT This NON-EXCLUSIVE WINDOW WASHING SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (-City"), a Texas home rule municipal corporation and D&A BUILDING SERVICES,INC.("Contractor"),a Texas corporation,each individually referred to as a"party"and collectively referred to as the"parties." WHEREAS, City, through its Property Management Department, contracts for window washing services within the City: and WHEREAS, through Invitation to Bid (ITB) No. 21-0043, the City solicited bids to award an agreement for window washing services on an as-needed basis in the City with in the amount of $1 18.073.00 per year for contracts awarded to the successful bidders;and WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non-exclusive window washing services to the City; and WHEREAS,City and Contractor wish to set out the terms of Contractor's non-exclusive window washing services. AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This_Non-Exclusive Window Washing Services Agreement;and 2. Exhibit A—Scope of Services; and 3. Exhibit B—Price Schedule;and 4. Exhibit C Verification of Signature Authority Form. Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. Scope of Services,Contractor shall perform in a good and professional manner the services listed in this Agreement and as more specifically identified in Exhibit"A"—Scope of Services. 2. Term.The term of this Agreement shall begin on August 4,2021 ("Effective Date") and shall expire on August 3, 2022 ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). City shall have the option,in its sole discretion,to renew this Agreement under the same terms and conditions for up to four(4)one-year renewal option(s)(each a"Renewal Term"). Window Washing Services Agreement OFFICIAL RECORD D&A Building Services, Inc. ITB No.No. 21-00043 CITY SECRETARY FT. WORTH, TX 3. Compensation. 3.1 Contractor understands and agrees that the City may award non-exclusive services agreements to multiple bidders for window washing services as outlined in City of Fort Worth Bid Solicitation No.21-0043. Contractor further understands that the aggregate amount of all contracts awarded to multiple contractors under Invitation to Bid(ITB) No. 21-0043 shall be in the amount of One Hundred Eighteen Thousand Seventy-Three and No/100 Dollars ($118,073.00) per year and that the City mares no promise or guarantee of the total amount of work thatwill be assigned to Contractor under this Agreement.City shall pay Contractor in accordance with this Agreement and the fee schedule attached hereto as Exhibit "B," — Price Schedule.Contractor shall not perform any additional services or bill for expenses incurred 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 h% this Agreement unless City first approves such expenses in writing. 3.2 The City shall issue a written Purchase Order provided by a City Designee or Authorized Representative establishing the locations and schedules for each service to be completed by Contractor("Purchase Order"). Contractor shall perform the Services in accordance with each Purchase Order issued by the City. The City may issue an amended Purchase Order to address any changes in the work to be performed after a Purchase Order has been issued. Except as otherwise specified in this Agreement,the fee established in each Purchase Order shall be based upon the fee schedule attached hereto as Exhibit"B," Price Schedule. 4. Termination. 4.1. Written Notice.City or Contractor may terminate this Agreement at anytime andfor any reason by providing the other party with 30 days' written notice of termination. 4.2 Nan-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Contractor for services actually rendered up to the effective date of termination and Contractor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason.Contractor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City information or data as a requirement to perform services hereunder, Contractor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. 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 Window Washing Services Agreement D&A Building Services.Inc. ITB No.No. 21-00043 Page 2 of23 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 toCity in writing. 5.2 Confidential Information. Contractor, 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 Contractor. It will be the responsibility of Contractor 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 j urisdiction. 5.4 Unauthorized Access. Contractor must store and maintain City Information in a secure manner and will not allow unauthorized users to access,modify,delete or otherwise corrupt City Information in any way. Contractor must 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 will,in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit.Contractor agrees that City will,until the expiration of three(3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents, papers and records, including,but not limited to,all electronic records,of Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have access during normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Contractor reasonable advance notice of intended audits. 7. Indenendent Contractor. It is expressly understood and agreed that Contractor 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, Contractor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents. servants, employees, Contractors, and subcontractors. Contractor acknowledges that the doctrine of respondleat superior will 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 will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Contractor or any officers,agents, servants, employees,contractors,or subcontractors. Neither Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will be entitled to any employment benefits from City. Contractor 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, contractors, or contractors. Window Washing Services Agreement D&A Building Services.Inc. ITS No.No. 21-00043 Page 3 of 23 8. Liability and Indemnification. l. LIABILITY- CONTRACTOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 2. GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS, AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED 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 THISAGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 3. INTELLECTUAL PROPERTY INDEMNIFICATION— Contractor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement,it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation.So long as Contractor bears the cost and expense of payment for claims or actions against City pursuant to this section, Contractor will 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 will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with 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 City for infringement arising under this Agreement, City will 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 will fully participate and cooperate with 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, City's assumption of payment of costs or expenses will not eliminate Contractor's duty to indemnify City under this Agreement.If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted, Contractor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, Window Washing Services Agreement D&A Building Services,Inc. ITB No.No. 21-00043 Page 4 of 23 compatible,and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or(d)if none of the foregoing alternatives is reasonably available to Contractor terminate this Agreement,and refund all amounts paid to Contractor by City, subsequent to which termination City may seek any and all remedies available to City under law. 4. ENVIRONMENTAL INDEMNIFICATION - Contractor does hereby release, indemnify, reimburse, defend and hold harmless the City of Fort Worth from and against any and all environmental damages and the violation of any and all environmental requirements resulting from the cleaning, handling, collection, transportation, storage and disposal of hazardous waste by contractor resulting in an act of omission of environmental violation. Environmental Damages shall mean all claims, judgments, damages, losses, penalties,tines,liabilities(including strict liability),encumbrances,liens,costs,and expenses of investigation and defense of any claim,whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise,matured or unmatured,foreseeable or unforeseeable,including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this contract, or the existence of a violation of environmental requirements pertaining to, and including without limitation: Damages for personal injury and death,or injury to property or natural resources; Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment,closure, restoration or monitoring work required by any federal,state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements,and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder;and liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the services provided under this agreement. 9. Assignment and Snbcoutracting. 9.1 Assignment. Contractor 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 Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor will be liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute a written agreement with Contractor referencing this Agreement Linder which subcontractor agrees to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Contractor must provide City with certificate(s) of insurance documenting Window Washing Services Agreement D&A Building Services,Inc. ITB No.No. 2 1-00043 Page 5 of 23 policies of the following types and minimum coverage limits that are to be in effect Prior to commencement of any Services 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 Contractor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle"will be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are 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 (d) Professional Liability(Errors&Omissions): $1,000,000- Each Clain Limit $1,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 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 includes its employees, officers,officials,agents,and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation Window Washing Services Agreement D&A Building Services, Inc. ITB No.No. 21-00043 Page 6 of23 (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 will 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, port 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-Vll 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 Contractor has obtained all required insurance will be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement, 11, Compliance with Laws. Ordinances. Rules and Re¢ulationc. Contractor 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 Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Contractor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor'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 CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices.Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2)delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,addressed as follows: Window Washing Services Agreement D&A Building Services, Inc. 1TB No.No. 21-00043 Page 7 of23 To CITY: To CONTRACTOR: City of Fort Worth D&A Building Services, Inc Attn: Assistant City Manager Attn:Albert Sarabasa,President 200 Texas Street 13637 N Central Expressway,#13020 Fort Worth,TX 76102-6314 Dallas,TX 75243 Facsimile:(817) 392-8654 Phone: (407) 831-5388 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Em llooyees. Neither City nor Contractor will, during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisemmnt of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16, No Waiver. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does 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. 17. Governing Law L Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. Seve[ability. If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Contractor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force Majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots: epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems: restraints or prohibitions by any court.board, department,commission,or agency of the United States or of any States; civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Window Washing Services Agreement D&A Building Services,Inc. ITB No.No. 21-00043 Page 8 of 23 Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Lleadingj not QUIXililinIz. 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. 21. Review of Counsel.The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. 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. 24. Warranty of Services, Contractor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30)days from the date that the services are completed. In such event,at Contractor's option.Contractor will either(a)use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or(b) refund the fees paid by City to Contractor for the nonconforming services. 25. Immigration Nationality Act. Contractor must verify the identity and employment eligibility of its employees who perform work under this Agreement,including completing the Employment Eligibility Verification Norm(I-9). Upon request by City,Contractor will provide City with copies of all I- 9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor 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 Contractor employee who is not legally eligible to perform such services. CONTRACTOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to immediately terminate this Agreement for violations of this provision by Contractor. 26, Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers,procedures, guides, and documentation that are created, published,displayed, or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City will 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 will 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 I irst). Each copyrightable aspect of the Work Product will 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 CopyrightAct of 1976, as amended. Contractor hereby expressly assigns to City all exclusive right,title and interest in and to the Window Washing Services Agreement D&A Building Services,Inc. ITB No.No. 21-00043 Page 9 of 23 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. 27. Signature Authority. The person signing this Agreement hereby warrants that they have 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 Contractor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 78• Change in Comlially Name or Ownersbj2. Contractor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Contractor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action,or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29, No Boycott oL Israel. If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2271 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"" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: 0) does not boycott Israel. and (2) will not boycott Israel during the term of the Agreement. 30. Ejectronig 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. 31. . This Agreement contains the entire understanding and agreement between City and Contractor, 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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. (signature page follows) Window Washing Services Agreement D&A Building Services,Inc. ITB No.No. 21-00043 Page 10 of23 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing 1 acknowledge that I am the person �c 3�GG responsible for the monitoring and administration of By: Dana Burghdoff(Aug 7,20z 1:22CDT) this contract,including ensuring all performance and Name: Dana Burghdoff reporting requirements. Title: Assistant City Manager Date: Aug 7,2021 Alan 1- Sharor By: Ala Churnr(/yy�5.202L14:54CDT)_. Name: Alan Shuror APPROVAL RECOMMENDED: Title: Assistant Director.Properly Management Department _ AQ APPROVED AS TO FORM AND LEGALITY: By: Stev�,2021 16:32 CDT) Name: Steve Cooke Title: Property Management Director By: o" d9�onn� Name: Matt Murray ATTEST: O�°FoRtaa Title: Assistant City Attorney 0 g'{d CONTRACT AUTHORIZATION: Ronald P. Gonzales o o M►&y C: 21-0520 By: Ronald P.Gonzales(Aug 27,202116:29 CDT) Q� °oOO0000°°o0 1295 No.21-772612 Name: Ronald P. Gonzales ���nFXA544 1 IT itle: Acting City Secretary CONTRACTOR: D&A Building S vices, Inc t By: ,1� .-- Name: Albert a asa Title: President Date: S` Z OFFICIAL RECORD Window Washing Services Agreement CITY SECRETARY D&A Building Services, Inc. ITB No. 1 1-0043 FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES 1. INTENT I.1.The intent of these specifications is to describe the minimum requirements necessary to establish an annual agreement for��indow washing services for City Departments on an as-needed basis. 2. SCOPE 2.I.Contractor shall wash all interior and exterior windows, top and bottom of glass awnings and interior partitions. 2.2.Services performed by the Contractor shall include,but not limited to brushing and squeegeeing of windows, wiping any drips and streaks from glass and wiping down framework,and ledges. 2.3.Contractor shall be able to work around events and activities in and around the buildings. 2.4.Contractor shall use reasonable care to avoid damaging buildings, equipment and vegetation on City and private property. If the Contractor fails to use reasonable care and causes damage to any property, the Contractor shall replace or repair the damage at no expense to the City. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost,which may be deducted from the contract price. 2.5.Contractor shall advise the City immediately of any damage seen before services begin and/or damage caused during services. 2.6.Before the Contractor leaves the site, he/she is required to contact the department to approve and perform a final inspection of completed services. 3. PERFORMANCE 3.1.In the event the work performance of the Contractor is not satisfactory(i.e. runny streaks,window not cleaned),the Contractor will be notified by City authorized representative(s)and will be given six(6)hours, or as scheduled,to correct the work. 3.2.Labor for all rework will be at no cost to the City. At the City's option, if the Contractor fails to respond within the six hours or scheduled time, or the work is stilt unsatisfactory, another source may be obtained by the City. 4. GENERAL REQUIREMENTS 4.1.Staff Supervision - The Contractor shall, during all periods of contract performance, provide competent supervision of employees to assure complete and satisfactory fulfillment of the work and the terms of this Contract. The Contractor or a capable, fully authorized representative must be immediately available during all work activities to receive any and all special instructions from the requesting department. 4.2.Contractor will be required to provide competent personnel capable to complete the work required. If at any point the qualification of the personnel working on the project comes into question,proper documentation of that person's abilities or skill sets may be required,or the Contractor will remove them from the project and replace them with another individual that is qualified to complete the task. 4.3.Safety-Contractor shalt be thoroughly familiar with all prevailing safety measures pertinent to its operations and employees. This shall include, but not necessarily be limited to Environmental Protection Agency (EPA)regulations, Fort Worth City Ordinances,and Occupational Safety and Window Washing Services Agreement D&A Building Services, Inc. ITB No. 21-0043 Page 12 of 23 Health Agency (OSHA) regulations. In addition, the Contractor shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 4.4.Hazards -The Contractor shall at no time permit placing or use of equipment in such manner as to create safety hazards. Contractor personnel shall provide appropriate warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel, even to the point of interrupting their own work, if necessary. 4.5.Defective Work and Damages-The Contractor shall be wholly responsible for and shall promptly correct or restore all defective work or damages to any/all City facilities caused by its activities. Restoration and correction shall be to the complete satisfaction of the City.This shall apply to any part of a building/housing structure,its appurtenances,the adjacent grounds,or any other tangible damage incurred in the performance of the Contract.Failure by the Contractor to proceed promptly with corrective actions may be cause for cancellation of this Contract with amount(s)necessary to correct defective work and/or damage being withheld from payments due or to become due to the Contractor. 4.6.Clean Up - The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all waste and rubbish from and about the work area,as well as tools,equipment and surplus materials, and shall leave the area as clean and as free of spots,stains,etc.,as before the work was undertaken. 4.7.Regulations-Contractor shall comply with all applicable federal,state,and local laws,ordinances, rules,and regulations pertaining to the performance of the work specified herein even if they come into effect after the start of this agreement. All mandates requiring the City to comply with new guidelines will also require the City Contractors to comply. 4.8.Performance-Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this contract shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. 4.9.City Designees/Authorize Representatives--City Staff assigned to manage the contract for the City. 4.9.1.Property Management Department: Denise Garcia and Andrea Trejo 4.9.2.Public Events Department: Cynthia Serrano 4.9.3.Aviation Department: Ricardo Barcelo 4.9.4.From time to time, the City may remove and add City Designees with written notice to Contractor. 4.10. Additional service locations and/or services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added. Such additional services may be added only by the written agreement of City and Contractor. 4.11. Unit price shall include all cost for window washing services including but not limited to fuel,travel and/or time lost.No additional charges will be accepted or paid by the City. 5. SERVICE HOURS 5.1.Contractor shall perform services Monday through Friday anytime during the hours of 8am-6pm, Window Washing Services Agreement D&A Building Services,Inc. ITB No. 21-0043 Page 13 of 23 excluding holidays. 5.2.In some cases, for bid line items 46-63, cleaning will be performed on the weekends — Saturday and Sunday anytime between the hours of 8am—6pm excluding holidays. 6. SCHEDULING 6.1.City Designees will contact Contractor to schedule window cleaning services annually, semi- annually,quarterly or on an as needed basis. 6.2.Contractor shall only perform services when a Purchase Order(PO)is provided by a City Designee or Authorized Representative as provided in section 4.9 of this scope of services.At no time shall the Contract perform services without a PO. 6.3.Contractor shall schedule the service within 7 days of the PO issue date or at a time mutually convenient for both parties. 6.4.The amount in the agreement is not a guarantee of the future quantity,as the City does not guarantee any particular quantity of building window cleaning during the team of this contract. The quantity may vary, therefore the CitN shall not be liable for any contractual agreements/obligations the contractor assumes base on the City purchasing/requiring any specified amounts herein. Window Washing Services Agreement D&A Building Services,Inc. ITB No. 21-0043 Page 14 of 23 EXHIBIT B PRICE SCHEDULE H CITY OF FORT WORTH BID OFFER Event ID Pegs Invited: EVENT DETAILS i CE'M'Ul-l'-a9d3 — � !vent Hound Vemlon l Event Name ITw k3rr,& i•:.r�:'_ina [wTvrces — Submit CkyOfFd[tWotfh Stan Time finish Time PURCHASING DIVISION LOWER LEVEL CITY HALL 2M TEXAS ST. Fwt WDrth TX 76102 United Ststes Email: Fhl$Purrh"ngRcsponOusafortworthtexas.gov Une Details Line: 1 tLoMppdowunit UnitPrica T� Towl lift ncet liar servlce.!,:.t -rom EA Attach-3 L Line: 2 peaceiplien, Qty unit OnilPrip Total Clean Exten,,r.Intemi-WhilmsotSpMics 4.00 AxW1 Tower peralrachod stwdtlmtiona. $3 S 5.0 0 $1,5 4 0 Line: 4 ¢eprrtRtior]:_ __ply Unit T —UnitPrica __ Tatal Exterior Wintl(m Cleaning from Meacnem Aurport 2.00 EA — per attached vocificaWria. 1$2 r 15 0 J I$4,3 0 0 Line. 5 Qty peserlptioo• _ 2 __-_UUnnR— — UnitPrice Interior SVlndow Clasriing htuacham AJWft - Twinina A:dutn a Lobtry Parbtionu per '$2,3 7 7 I $4,7 5 4 attarhed spaofica:ima. — Line: 6 Deeerlgtlan_ Qty Unit unitPMoe Total- -- ImerorWlnaowC-•jri.r:g �,t��uha�nAlrport - -- 2.t''a EA _ 061cosperatterhedsperkahuns. 1$4bS.00 1 1 $970.00 I Llne: T Dpecripiion: Qty _ tJntt _ 4T+dtPrice �Trrl _ interioo Nhndow Cleaning'Secn"Afflurn at 2,00 EA --_ Maacb9mi Airport per attadwJ spectllcatinns. $1,15 7,0 0 �`$2,3 3 4 Line: 8 7 D1110piign: Qty — — Unit —. Uh1lQflre _ ToW Intenor Window Cloanino-Meacham Airport 2.00 E-A — — Lobby Par4lions{interior panels teiween L�Z5 0,0 0 $3 i)4.0 4 lobby and oltlon)per attactied Lim: 10 De9BnpA!Dn.' . My .unlr _UnisPris+ _'fatal _—. Fan Wor0i Convention Center,120'Houston sweet.Wash outside otexborlor windows at the 11th '2th,snd 131h strocttentremes, -10ude deanir'.l ih<-top and bottom of gl.n•:. 2,00 EA ---- a,r iraa 1. r antrattoes(We111154e er"'MMsl 5 20.00 $1,0 4 0.00 per jit,ched spadfiiration9- -- Window Washing Services Agreement D&A Building Services,Inc. ITB No. 2I-0043 Page 15 of 23 UR'�WORTH. �` � CITY OF FORT WORTH BID OFFER Event ID Payo I Invited: EVENT DETAILS Event Round vemlan t t — Event Nam+ ryy.N:nrfcw Naar,Lr1a ervt_t e rstart Time Flrklsh Time � — Submit To: City of Fwl Worth E3:y1./2'ti47U5:9o,-42a_=_ /1� :�7'. >J G:Uo Vt RCHASING DIVISION LLOWER LEVEL CITY HALL 20n TEXAS ST. Con Worth TX 76102 United states Email. FMSPurchasingResponsesQforlwarthtoxes,gov Line; 11 pescNptfon: _. _ __ Unit______ UnktPrice Total FoiM)rlJlt Convention Center,U01 Hoaslon streak Wash Inside at ertenor+rmws do at Z.t10 EA the 11in 121n,and 13th abseianftn es �$910.00 1,820 ;weal wdh enL-anceo po attached -_ Line: 12 oeeerlpb m: _ Qty Unit Unikprics TOW Forl Worn Convention Center,12U1 1-10041r n $]rest.WASh aulsrde of exlerlW windawa on 2.00 EA Hm*1nn Strout iwot♦I side of building)per 1 r 10 $2,2 2 0 alteched smol'tone — -- line: 13 Oaccriptkon: _ Qly Unit _ UnitPrrIco Tots) Forl Worth Convention Center,1201 Kau" Street,Wash inside of extencr wwndcvn on 2.00 EA Houston Slrsat(wait side.of boding)pet' $910.GO $1,8 2 0 a0aehed sp dkodons_ — Una: 14 Desertion, Sty Unit UnitPrics Toss! Fort Worth Convention Center,1201 Nnustar Su",Wean outswu Lrr ax Inner windows of Star Tower end atdum(exclude star glass cluelar of blue¢leas),include cleaning tap 2.00 i=A and bottom of glass awnings over entrances (southwestentrarce) $310—U $ifi2.0.00 Line: 15 Paaerlpt(M Qqr Unll Unil1'rken TcL _ FartWoretronveriti renter.1201i,uustor� Street,Wash inaloo of Hxtonnr wndows C Sian Toner and amum(exclWIR star"Wt EA —of blue glens}(southwest ontrance)par ;Mjcred specifications. $310.00 $620.00 Line: 15 peecdpwom - ]t _ Unit UriltPrice Tara „_.— � Farl Worth Converlrun Ccntc•,12111 Houston 2.00 EA SIMCt.Wash outsido of exnldnrwindows Ulf $1,210 $2,4 20 n)UAh entrsrr .Pt+aliached sPeckfirapnn5 — — Lintel 17 Description: __ QtY _ _unit_ UnitPrice — — 'total ort Worth CnnverNton Csnfer,1201 Houslon 2.00 EA -- — Steel,Wash Inside of exLanor wndows of $1,0 2 0 smo entrance per att3.7l•-dapepticetionL - - — - Window Washing Services Agreement D&A Building Services,Inc. ITB No. 21-0043 Page 16 of 23 FoRT W©RTl#. 111� CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVEN'Dr'AILS Mv Evint Round Version 1 Event)laws - I-a W nndyx�reshl_irg ¢�rv{rae� - - start Ttme - Finish Tyne Submit To: City of Fort Worth �3 r?q21 91i 0q:ao cln ar15;z^.7 t3:,10 00 C PURCRASING DIVISION LOWER LEVEL CM HALL 2D0 TF;XAS ST. Fort Worth TX 76102 Unitad states Email: FMSPurchasingRaspon5esiQfortworthtoxa5 gom Line; 18 De7i-Mlon: Q!M Unit UnHPrtee TO at Fort Worth Cortyer tion Center,1201 Hoasion Street,Wash outside o1 axtedrr windows of stw=st antfancs,inrludin0 wo and hertom 2.00 Eh _ _ or gyres awnings over enhance par attached I$16 0.0 0 I $3 2 D.0 0 spedficalMrs. — Line: 19 Damn iron: ia�V UOI� - tifLltPrlce TW- Fori Worth Conyertion center,1201 Motsmn- 2.00 EA -- Simi.Wash inside or exterior vwx1om nr 4 3 0.D 0- '�8 6 0.0 0 swottweat antrance per&UPMad Una: 21 Daaeription: _ _ _ _. _ linitPriee _ �_ 7otai Memond RdUJaravis Branch Llbrnry,1300HE 351h Stnwt,wash Inside end outside Interior 2.00 EA — -- - end exterior windows per attached 1$4 6 0.0 0 $9 2 0.0 0 epsuflcallom -- - - - Line: 22 Descdolon., Dty UnIt UnitP&t ToW� Feat Berry Branch t Orary,4300 East Berry :,l'o Fat Street,wash inside and ovisids interior and wdenor windows per aNaehsd spsdrlrenons_ 4 Q,04_ $4$0•0 0 Line: 23 Q9aClSetion. _ 9EY - �ltK Ur+itpriao _Total _- -- East Raylrxral LONAry 6301 Broge Sir"t 2-09 EA _ -_ - mtsh inside and nutelde ntericr and exterior $1 r 3 6 0 1$2 r 7 20 windows per atla and:,uc c litraUons. -• - - Llne: 24 Description: _„• 2 r _.. Unlit _ _ Un34Prloe— Motel Golden TrLmgo Brunch Ubrary,4204 Golden Triangle Blvd.wash!Wads and outside 2.D0 EA - - Interior and exlenor wrntlews puf attached $3 5 D.0 0 I ,$7 00.0] specAlcat om ---- Line: 25 Description: _ — sty ---Unit - ._ --- Vnitpries - Total_-- Meadowhrcuk Branch Llrary.2A00 Stark 2.00 EA - - -, Sheet yeaeh made a-vd oulslde wterior and $2 3 5.0 0 $4 7 0.0 0 exterior windows per sltached zPacdiriaona. -- - - - tine: 26 Deeariptien: Unit - unitprios Norihside Branch Librwy,601 Park Saw!. - - - 2-013 EA -- wash inside and ourslde ntedor and exterior $3 B 5.0 0 0770.00 windows per att9rhed spoeftMions. Window Washing Services Agreement D&A Building Services,Inc. ITB No, 21-0043 Page 17 of 23 FoRTIWORTH- `�` CITY OF FORT WORTH BID OFFER Event 10 —'— — Page Invited: EVENT DETAILS Crw�: Event Round Version rEvskyl Wine wincirx Na9�n0 rA rviSjirn Tittle Finish Time 'i &ubmit To: City of Fart Worth aV�fiet gL:uu:�u :i_. �_�+�` •v� la; G C;V1 PURCHASING DIVISION LOWER LEVEL CITY KALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchmingReeponses0rorUKi thtexas.gov Line: 27 I)eaerl Uqn: _ _ Oty UPI" UnitPrlce Total Motvvasstt Branch UBfary,522a Crgstsl Lake 2.00 Uriw,wash ir:,idr and oub de inlorior and exterior windows per attached soselkailons. 0•0.0_ $1,0 n - Lma: 26 [16"0911oI& MY -- Unil _ --UniiPrice _ Total -- RId0ea&anchLlbnty,3628 BemleAnda u-- 2.00 FA Drive,waShiruOu and eutsidesilerlarand $150.DO $300.00 exten3i mrniu«5 par ettacl,ed 31,9•:'�Caildn6. - - ' Line: 29 DlacrlpUan, unit_ _ UnitPrice _ To1�— - Riverside Branch Library 2913 YUCCO Avainue, 200 EA wash Inside and outside mtener and eximiar JM 5.Do— I$2 30.0 6- wirWnws per eitachad spee.h si bons. Line: 30 post iplion' _ - -- QtY� _ Unl! UntlPriw — TotY - Semnary Swot Brandt,501 Bow Street,wash 2.00 EA 1 - inside and outside interior and exlennr $1 B 0.0 0 $3 6 0.0 0 vrGxkrw�per attached syschcaeons Line: 31 Total 6ecuiptten: _. City - -Unit Shamblee Branch Library,1062 Evens AYOMM, 1062 EvenAveriue.wash inside and aulaide 2.00 EA - - — - Inwrior end exteror windows Pat enached $1 r07 0 J 1$2 rr 140 specrficatians. - Dim' 32 Qtjr 4tnit- Unitpr7ea Told_ _ 8milmvestern Rugronal Uhrary 4001 Library 2.00 EA _ Lane,wash inside and aulaide a,tenor and �-7 8 0.00 J I$1 f 5 60 e,dnridr winnows pm atiadied speukalions. - —Line: 33 To1�J Desc�llm: _ Qty Urttt _ UnitPrioT —— Surmmr9len Branch Library,4205 Rasswt,rxi 2.00 EA —, -— Blvd,wash inside ana outside interior and exterior windows oar attachad sood'kAtlons- 3U.D 0— 7 5.�.-0 SL. Line: 34 dvscripilatl' _ _ Oty _Unit _ UMPT1e!-- _ _ .-Total 1Yadg*ood Branch L,brery,3810 Kimberly Lane, 2,00 FA - - ueah inside and uuts+de interor and Werwr $2 7 0.0 0 1$5 4 0.00 windows per ettaohed specifcanons, - -- —" Window Washing Services Agreement D&A Building Services. Inc. 1TB No. 2 I-0043 Page 18 of 23 FORT WORTH- �'!r'- CITE' OF FORT WORTH BID OFFER I:nent Id Pa?p Invited: EVENT DETAILS Cr8j I nod. Event Roland Version 1 5 Event Menu I_n Ha v X hi_g.Servnces Start Tme Finials Time Submit To: City of Fort Worth C3.31120:t Cfl!0n:o4 "r r ,ar15'�:� t�:3�;0_ PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST Fort Worth TX 76102 United Slates Ernall: FhhSPurchaWngRasponseWortwartltfexas.gov Line: 46 DlZription:_ 4h Unit Unllprlae T9101 Guinn Swries3 Aisistanca Canter 1159 SouiM Freeway.Wash inti4o and outudo of oil 1,00 EA exterior windows(2 Ham),per eneched , B 0 ■pecAcatio #2,18 0 Line: 47 t4scriplion. Ji L T Ifni; un_IIpWCa Tom Idea Warxe 000 L.Rosedale St Wash uurde 1.00 EA And out9da of All exlenor wr-dowC(2 $800.00 $800.00 floors),per attached spersfrtaUons. Line: 46 Dsec4ptlon: all urat Unitl5do Total Tech Fort Worth 1120 South Froawmy,Warn 1.00 EA inside and outsloe of al extainr windows(2 floors),per a(tachanipeofrataons. $200..01 $900.no Line: 49 crlptian; __ Qty_ llnit UnitPrice Total Haxol Harvey Per-rA Cafiler lif 3 htusouri Avg, 1-00 FA Wash inside and outside of all exterior em tmn (2 floors),paratledwd .#2 r8 0 $2 i T 8.11- Line: 50 Bgscription; Qty Unit UnIftas Total A111-tai Control 4900 Marlin St.,yeah inside 1 A0 EA and CULdo of all ewlefior windows(1 $ 0O floor),per atterhrdspeclkaWns. A $`L55.00 Line: 51 Deseription ., Qty Unit UnH14lae _ Twel PSTC•FdP Adnenistretion BU�khng 505 W Feia SL Wash irtsde and outsde of all i.o0 EA exlonor windows(1 floor).per elteched s I $1 8 0 0 1,800 pecificeoons. , Une: 52 Qesuipiion: Qty Unfl UnttIsdre TQ1al PSTC•Fro Trauring Bldg.1 509 W Falix SL. 1.00 EA _ Wean i lsdo and ou•.srdo of all existior $3,8 8 0 $3,8 8 0 Wkwo"(1}loot),per attached ` Line: 53 rlascnptron- Qty Unit ,tlnitP'rlae Total PSTC-Poinca lrabing Bldg.2,5l1 W I elix St..Wash pride and outside of at$extenor 1.00 Ell Andows(1 floor),per attached $3,8 B 0 epeclacationa Window Washing Services Agreemcnt D&A Building Services, Inc. ITB No. 21-0043 Page 19 of 23 CITY OF FORT WORTH BiD OFFER Event ID _ Pal Irrvited: EVENT DETAILS C 7141 Even,Round Version Event Flame ISL N,ndow S.a9hi-q_ery I.t- a stsrt Tiros Finish Tim} Suhtnit To: PC 1ty of M Werth nk`31i� 1 0a: 0::.u�v - 041151,1 21 _1.3)39r59_� _ tfRCHASINGDIVISION LOWER LEVEL CITY HALL 206 TEXAS ST. Fort Worth TX 76102 Vnited States Email: FMSPurcmasingReepontosQtartworthlexas,gov Line: 54 Desc4 1w _ _ city— �ntt_-�_ �1n31PNta� Total _ FirsamiPdir.nTrining Center,.CALI RII 1000 Caiven S1„Wmah Inald<;and ouNlGe of 1.00 CA —all extarinrwindews(1 floor),per suached 5435.00 $4 3 5.0 0 speeirrcalions� - } .. Lint: 55 Dasc"pliurr._ ft - UnN _ -SIni1PA0! Tout l`dl08 NKAt`1 Sixth Petru41J10Mb0 bT55 N Riws,ds Dr.Wash inside and rwlsrOe of at 1.00 FA _. �.-pnnr windows(Irlrlar),per nttached $695.00 $695,00 5petAcations. - Lina: 56 Description: _ 4h _ VA tL__ Ur1 co TqqL PUD lames Avenue SerAna Center 5001 Jamos T Ave.,Wasis Inside and mtyda d all exlerfor 1.00 EA - windows(1 floor},per a8ache l I ' 1,2 8 0 $1,2$0 spedfleatlood. - - — Line; 67 pneARItlor,: Qty Unit UnflPrlcs-. _ _ Toil _ Municipal Complex Cny Hai]200 Texas St., 1.00 EA - — Wash,nskM and"mide of at I oxienor windowt i3 floors)per attached ] 13-3.n $.1r 39 0 — Line: 59 Dsseriptiow 41kr iF— UnitPriw Total Municipal Complex Zipper Dtmding 275 W 113111� St.,Wash nikdt and outside of all axladar 1.00 EA I windows(2 floats),per ahadwd �Q Q specilicalior Line: 59 Deemiptkon. _ _ _ r71� _ Unit _UnitPrloa Municipal Complex 137h Slr"Annex40t tn'. 13th St.,Hash inside end nittekle of ell L00 EA - _ exterior wkiduws(1 floor),per at echad 5.0 spacircaliurd. Lena: 60 Descrlptlow— Qty _ _ Urtt _ UnitPrice sofat_ M�ridpal Complex Public Safety Building1000 lnrackmeAon,Wash inside and outside of oil 1.00 F.A - axtedor windows t5 floors t,pal attached $1,6 0 0 $1,6 0 0 spociflcetllxll� — — Line: 51 Description: - Oly _— URN - UnIlPrioe Taial MdnEipal Complex do dan Swdt Suidillg 9f16 Monroe St..Wait Inside aid DUtaide vl all 1.00 EA — exterior window*t5 floors),W attached $160 0 $1,6 0 U cpaUOcallcm Window Washing Services Agreement D&A Building Services,Inc. ITB No. 21-0043 Page 20 of 23 Foxr WORTH _ 4� CITY OF FORT WORTH BID OFFER Event lb Pagu Invited: EVENT DETAILS E4rsetRo�nd Version t V*Ot MOMS - Wirl d•w _ Start Time Finish Time SVbin(tTO: City of Fort Worth o I UB:UU,UU Cr" J4M,10': t r tc�_~tYr PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort VVorth TX 76102 Uraked States EMMA: FM$PurchosrogRespontoc@farlworthlexas.gov Line: 52 Dsscrlption _ (ally Unit UhltPrlc, Toot Municipal Cornp lax Ar,nux 6uildov 966 Monroe - St.,Wash Inside and outside del exterior 1.00 EA windows 14 floors),per attached speoficadonc :$1+625 $]r 6 5 Line: 63 DycrlpUon:. City Unit UnitPrIce Total NDM11 Sarvrce CenlerAdminislrafion 309 Hillshire N,Wash inside and outUds al ell i.0o EA _ exterior windows(1 floor),per abashed , , 00 speciflcadom. $1 10 0 Line: b4 Dsecripilon: _ MY Unit — UnitPrlae_ T4fal Pacen vauaj Golf Course,iS4ti0 Pecan Vallay Drive,wash ersids and numi le all exterior 4.00 EA _ windows(20-W windows per quarter)per attached apeo-kedons. [$3 5 0.00 I$f,4 0 D Line: 65 ftwptioo: MY UhR --U iLl?rlca TOWMeedowbretlk Golf i-,i,s.?.1815 fef s,.^RotuJ wash insde and outside all exlenor windows 4.00 EA (2%30 windows oar quarter) per allachad T specifications. 350.00 ¢1,400 Line: 66 Descrlptlmv Oty Unit Urji rip Toug Rock+u�Gott Course.1851.ladimboro HVInway, wash inside and outside all exterior windows a,00 EA _ (20-30 wido.ve Per quarter)per attached r$3 5 0.0 0 specifical� Line: 67 DesWpftlon: MY Unit UnlIPrlca _ Total Cenita Lrbnuy,d00W.3n1 SVeet,wash 2.00 EA Inside and aitslds interior and sidedar mndvws per manod spooflwlaw. >9 0 0,0.0 I $1 r 8 4 0 Line: 611 Description: Illy Ur4 U1111Pfice Tom__..__ Kennel Pods 1-5,351 Fli7sni a Dr„wash 2 01) EA inwoe and outside of al exterior windows $50,00 $7fi0.00 per attached speorrcaoons. j Line: 09 Description: _.Qtv__ .___ Unit Unitpncs Admn SUAd'nrg,351 Wllsnlre 0,r.end floor, 2.00 EA Wssh,nside and outside of all exlaior I windows par abachad specif"hons. $120.0 0 I .%2 4 0.0(L.J Window Washing Services Agreement D&A Building Services,Inc. ITB No. 2I-0043 Page 21 of23 FORT Woum CITY OF FORT WORTH BID OFFER Event ID Pape Invited: EVENT DETAILS Event Reund varsion Event Name S ugrt 71me Rnlsh Time Suhrnft To: City O1 Fort Wodh :J:�":u: �1' U4'l5L7g2'- u:eu:L: P RCMASINGQNlSION LOWER LEVEL CITY FIAL.L 200TFXAS ST Fort'North TX 76102 United States Email: FMSPurchesntgResportaasCforiwD&tems_gov Line: 70 ngaarlptlon:-_ ----- (2ty Uatt __g!!)tPrloa -Total Mu14purpaso Budding,351 FIIIlahre Ur., 100 EA _ Wash lrtWe and outside otali exterior windows per anarhed spacincarims. 18 ix 0 0 LS 13a-0 0 Line: 11 pRt+crt9ttnn: My Urdt UnitPrice TOW SrlcoxAnYnai Campus.4930 Made St..Wwwh 2A0 FA _ made and autSi6e Of Oil e>dedor windows O O a O U 0 U U per allAchad specifications, _ Total 1314 Amoent: Window Washing Services Agreement D&A Building Services, Inc. ITB No. 21-0043 Page 22 of 23 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY D&A Building Services, Inc Attn: Albert Sarabasa, President 13637 N Central Expressway.#D020 Dallas,TX 75243 Phone: (407) 831-5388 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: KATHY SARABASA Positi n: B�p Signat e 2. Name: Position: Signature 3. Name: Position: Signature Name: S:ignatJ�d of Pre nt I CEO Other Title: N/A Date: 8/5/21 Window Washing Services Agreement D&A Building Services,Inc. ITB No. 21-0043 Page 23 of 23 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/10/21 M&C FILE NUMBER: LOG NAME: 13P21-0043 WINDOW WASHING SVS LSJ PMD SUBJECT (All CD)Authorize Execution of an Agreement for Window Washing Services with D&A Building Services, Inc. in an Annual Amount Up to $118,073.00 for City Departments and Authorize Four Annual Renewal Options for the Same Amount Annually RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement for window washing services with D&A Building Services, Inc. in an annual amount up to $118,073.00 for City Departments and authorize four annual renewal options for the same amount annually. DISCUSSION: The Property Management Department(PMD) approached the Purchasing Division for assistance with securing an agreement for window washing services for City buildings on an "as-needed" basis. Purchasing Staff issued an Invitation to Bid (ITB) that consisted of detailed specifications describing window washing services including the lift rental. The window washing services for the Pier One Building will be handled under a seperate contract due to the complexity related to the height of the building. BID ADVERTISEMENT-This Bid was advertised in the Fort Worth Star-Telegram on March 30, 2021, April 7, 2021 and April 14, 2021. Nineteen vendors were solicited from the purchasing vendor database; two responses were received. The bids were evaluated on a best value criteria including competitive pricing, bidders experience and the bidder's ability to meet the City's needs. An evaluation committee comprised of City staff from the Aviation, Water and Property Management Departments reviewed the responses and provided ratings for both responses. D&A Building Services, Inc. received the highest ratings and is determined to provide the best value to the City of Fort Worth. Staff recommends awarding a one-year agreement to D&A Building Services, Inc., in an annual amount up to $118,073.00 for City Departments and four annual renewal options for the same amount annually. No guarantee was made that a specific amount of these services will be purchased. OFFICE OF BUSINESS DIVERSITY (OBD)-A waiver of the goal for M/WBE subcontracting requirements is approved by the OBD, in accordance with the BDE Ordinance, because the application of the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS- Upon City Council approval, this agreement shall begin upon execution and expire one year from that date. RENEWAL TERMS-This Agreement may be renewed for four additional one-year renewal periods. This 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. ADMINISTRATIVE CHANGE ORDERS- In addition, an administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departments' operating funds to support the approval of the above recommendation and award of the purchase agreement. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Jay Chapa 5804 Dana Burghdoff 8018 Originating Business Unit Head: Reginald Zeno 8517 Additional Information Contact: Cynthia Garcia 8525 LaKita Slack-Johnson 8314