HomeMy WebLinkAboutContract 57522 City Secretary Contract No. 57522
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NON-EXCLUSIVE FIRE SPRINKLERS AND
SUPPRESSION SYSTEMS SERVICES AGREEMENT
This NON-EXCLUSIVE FIRE SPRINKLERS AND SUPPRESSION SYSTEMS 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 IDEAL FIRE AND SECURITY, LLC ("Vendor"), a Texas Limited Liability Company,
and acting by and through its duly authorized representative,each individually referred to as a"party"and
collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1, This Non-Exclusive Fire Sprinklers and Suppression Systems Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A, B and C, which are attached hereto and incorporated herein, are made 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. This Agreement is for fire sprinkler and suppression systems services
for multiple buildings throughout the City("Services"),as set forth in more detail in Exhibit"A,"attached
hereto and incorporated herein for all purposes.
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2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below
("Effective Date") and shall expire on one year later ("Expiration Date"), unless terminated earlier in
accordance with this Agreement("Initial Term"). City will 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").
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed TWO HUNDRED THIRTY-SEVEN THOUSAND
SEVEN HUNDRED FORTY DOLLARS AND 00/100 ($237,740.00). Vendor will not perform any
additional services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City will not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in
writing.The City makes no promise or guarantee of the total amount of work that will be assigned to
Vendor under this Agreement.
OFFICIAL RECORD
Fire Sprinklers and Suppression Systems Services Agreement CITY SECRETARY Page 1 of27
Ideal Fire and Security,LLC FT. WORTH, TX
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor
of such occurrence and this Agreement 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 Vendor for services actually rendered up to
the effective date of termination and Vendor 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, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor 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.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it 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 J
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 Vendor.It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor 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. Vendor 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,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
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6. Right to Audit. Vendor 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 Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor 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 Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement,and,
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondent superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and.Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers,agents, servants,employees,contractors,or contractors.
8. Liability and Indemnification.
8.1 L1ABILITY- VENDOR 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
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL ORASSERTED,FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'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 VENDOR,ITS OFFICERS,
AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation .in accordance with this
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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 Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor 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 Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City 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,Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted,Vendor 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,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or(d)if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assil4nment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
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10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement {
of any Services pursuant to this Agreement: i
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10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, 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): ❑Applicable❑N/A
$1,000,000- Each Claim 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
(Right of Recovery)in favor of City.
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(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, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, 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:
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To CITY: To VENDOR:
City of Fort Worth
Attn:Assistant City Manager Ideal Fire and Security LLC
200 Texas Street Blake Washington,Account Manager
Fort Worth,TX 76102-6314 6913 Camp Bowie#161
Facsimile: (817)392-8654 Fort Worth,Texas 76116
Facsimile:N/A
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor 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 advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venue. This Agreement 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.
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18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
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19. Force Maieure. City and Vendor 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
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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. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope
of any provision of this Agreement.
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. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor 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 Vendor for the nonconforming
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (1-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
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 first).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 Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
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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.
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 Vendor.Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company Name or Ownership. Vendor 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 Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
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,Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of
the Agreement.
30. Prohibition on Boycotting Energy Companies.Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies;and(2)will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter I
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent i
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, i
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not
boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added
by Acts 2021,87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or
services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
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and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement,by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follojvs)
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
Ama LaahWe� responsible for the monitoring and administration of
By: Dana Burghdoff(May 6,2�:54 CDT)
this contract,including ensuring all performance and
Name: Dana Burghdoff reporting requirements.
Title: Assistant City Manager
Date: May 6 ,2022 By: Alan H.s (May 6 zozz o07c�2
Name: Alan Shuror
APPROVAL RECOMMENDED: Title: Property Management Assistant Director
APPROVED AS TO FORM AND LEGALITY:
By: Steve o ale(May8,202210:24 CDT)
Name: Steve Cooke
Title: Property Management Director By: u a"
Name: Matthew A. Murray
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
Tennefe 5. Goode// M&C: M&C 22-0301 /April 26,2022
By: Jan nette S.Goodall(May 6,2022 13:28 CDT) Form 1295:2022-862556
Name: Jannette S. Goodall �.002vnn'4
Title: City Secretary �oFonppad
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Ideal Fire and Security, LLC
By:
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Date: 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fire Sprinklers and Suppression Systems Services Agreement
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City Secretary Contract No.Click or top here to enter text.
EXHIBIT A
SCOPE OF SERVICES
1.0 SCOPE
1.1 Fire sprinklers and suppression system services will be purchased for City Departments on
an"as needed" basis.
1.2 The City is obligated to pay for only those services actually ordered by an authorized City
employee and then received as required and accepted by the City.
1.3 Additional 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 based
on the discount and price sheet provided with the Vendor's response.
1.4 Unit prices will include all costs associated with the specified work, including but not
limited to handling,delivery,fuel charges,fees and certifications fees.NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.5 Any specifications or equipment that have been omitted from this scope of service that are
clearly necessary or in conformance will be considered a requirement although not directly
specified or called for in the scope of services.
1.6 All items supplied resulting from this Agreement will be of recent production,unused,and
suitable for their intended purpose.
2.0 DEFINITIONS
2.1 Contractor/Vendor-The person or company to perform specified work contained herein.
2.2 Department Contract Manager - City of Fort Worth employee assigned to manage the
compliance,oversight,and/or administration of the contract of project for their department
of employment.
2.3 Designee- a City of Fort Worth employee assigned by the Department Contract Manager
to assist with the compliance, oversight and/or administration of the contract or project.
3.0 SCOPE OF WORK
3.1 City of Fort Worth Buildings
3.1.1 The Vendor, will provide all labor, materials, parts, tools and equipment
necessary to perform maintenance, repair, inspection and testing of fire
sprinkler systems, and suppression systems in city owned/operated facilities
(SEE SPRINKLER LIST OF BUILDINGS) in accordance with the latest i
edition of all applicable Local, State, and Federal Laws, Codes and
Regulations.No additional charges will be accepted or paid by the City.
3.1.2 All service, regular and special, will be rendered at such times and in such a
manner that will result in minimum interference with the normal facility
operations.
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3.1.3 Annual inspections for city buildings with the exception of 100 Energy Way
will begin in April of each year and be completed by June 1st.
3.1.4 All inspection reports will describe each device in the system in a line-item
fashion that includes type, location, and status of each device. These reports
will be computer generated.
3.1.5 All inspection reports and invoices for inspections will be submitted to the
City's ordering division no later than June 15th of the same year.
3.1.6 Contractor will be responsible for obtaining any required permits in the
performance of the work.
3.1.7 Products furnished under this agreement will be of quality workmanship and
material and all products or items offered under this agreement will be new
and unused.
3.1.8 The purpose is to provide inspections that will be performed under the
guidance of NFPA-25 that entails both mechanical and visual inspections of
the existing components only. This is not an engineering review. This
inspection is not intended to ensure the systems adequacy for any particular
occupancy requirements or to identify system deficiencies as they relate to the
sprinkler system design density.
3.2 New City Hall 100 Energy Way
3.2.1 Quarterly Inspection Service
3.2.1.1 Contractor will conduct four(4)quarterly inspections of tampers
and water flows.
3.2.2 Annual Inspection Service
3.2.2.1 Contractor will conduct annual inspection of one (1) automatic
wet pipe fire sprinkler system for twenty-two(22)story building.
3.2.2.2 Contractor will conduct annual inspection of one (1) automatic
dry pipe fire sprinkler system located on the dock.
3.2.2.3 Contractor will conduct annual inspection of one (1) automatic
dry pipe fire sprinkler system located in the parking garage.
3.2.2.4 Contractor will conduct annual inspection of three(3)backflows.
3.2.2.5 Contractor will conduct annual inspection and performance test
of one(1)electric fire pump.
3.2.3 5 Year Inspection Service
3.2.3.1 Contractor will conduct Pressure Relief Valve (PRV) control
valve inspection, eleven (11) total. This does not include PRV
hose valve connections which need to be performed after
working hours 5:00 p.m. - 8:00 a.m., Monday- Friday, unless
otherwise requested by the Department Contract Manager or
Designee.
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3.3 Normal operating hours:
3.3.1 All buildings will be between 8:00 a.m.and 5:00 p.m.Monday through Friday.
3.3.2 100 Energy Way will be between 7:00 a.m. - 3:00 p.m. Monday through
Friday.
3.3.3 After-hours will be between 5:00 p.m. through 8:00 a.m. Monday through
Friday, and all day and night Saturday and Sunday.
3.3.4 Holiday time will be all City observed holidays.
3.3.4.1 New Year's Day;
3.3.4.2 Martin Luther King;
3.3.4.3 Memorial Day;
3.3.4.4 Juneteenth;
3.3.4.5 July 4th;
3.3.4.6 Labor Day;
3.3.4.7 Thanksgiving Thursday and the following Friday;
3.3.4.8 Christmas Day
3.3.5 When the City requests routine services, the Contractor will contact the
requesting Department within one(1)hour of request to arrange an acceptable
repair date and time.
3.3.6 Contractor will schedule the service within 7 days of the PO issue date or at a
time mutually convenient for both parties.
3.3.7 When the City requests emergency services the Contractor will contact the
requesting department within one (1) hour and respond to the job site within
two(2)hours of time of the call.
3.3.8 Contractor will perform all work involving visible strobes or audible alarms
after working hours 5:00 p.m. - 8:00 a.m., Monday- Friday, unless otherwise
requested by the Department Contract Manager or Designee.
3.4 Contractor Responsibilities
3.4.1 Supervision
3.4.1.1 The Contractor will, during all periods of contract performance,
provide competent supervision of his 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's designee.
3.4.1.2 The City will have the right to require that the Contractor dismiss
from the premises covered by this contract any employees of the
Contractor whose conduct is improper, inappropriate, or
offensive and such employees will not be re-employed on the
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subject premises by Contractor without written consent of the
City.
3.4.2 Safety
3.4.2.1 The Contractor will be thoroughly familiar with all prevailing
safety measures pertinent to its operations.This will include, but
not necessarily be limited to Environmental Health Agency
(EPA) regulations, Fort Worth City Ordinances, and
Occupational Safety and Health Agency(OSHA)regulations. In
addition, the Contractor will be wholly responsible for
instructing its employees in these safety measures and seeing that
they are fully complied with in every respect.
3.4.2.2 Contractor will ensure the safety of their employees, City
employees, and the general public during the performance of all
services under this contract. The Contractor will ensure that all
crews are fully and properly equipped to perform services
promptly and safely.
3.4.2.3 Contractor will be responsible for the enforcement of all safety
requirements for any work performed under the Agreement. If
the Contractor fails or refuses to promptly comply with safety
requirements, the Contract Compliance Manager or designee
may issue an order stopping all or part of the work until
satisfactory corrective action has been taken.No part of the time
lost due to any such order will be made subject of a claim for
extension of time or for excess costs or damages to Contractor.
3.4.2.4 Contractor will immediately notify the Department Contract
Compliance Manager or designee whenever work is expected to
be hazardous to City employees,the general public, and/or City
operations.
3.4.2.5 Contractor will coordinate the timing and transportation of
equipment or materials to the work area.If transportation through
the interior of a facility is required,the Contactor will take every
precaution to ensure public safety. Under no circumstances will
the Contractor transport equipment or materials through the
interior of a facility without prior coordination with the Contract
Compliance Manager or designee.
3.4.2.6 Contractor will block off and mark areas with appropriate safety
signs and safety barricaded to protect the public from injury.
3.4.2.7 Contractor's employees are required to wear an identification
badge, at all times while performing work under this agreement.
There may be times when the requesting department will issue
City Contractor I.D. badges for the Contractor's employees. The
I.D. badges will be surrendered to the department representative
upon the completion of each project.
3.4.2.8 Contractor will require all personnel performing work on City
property to wear uniforms with the Contractors name clearly
displayed on the shirt.
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3.4.2.9 Contractor will understand the City may require the Contractor
to respond to expedited service request. Expedited services will
be defined as services which are needed immediately due to an
unforeseen event(s) or a situation which threatens to interfere
with the business operations of the City. The City will have the
sole and final authority in determining when services with be
designated as Expedited.
3.4.2.9.1 Expedited services will be available 24 hours a day,
365 days a year.
3.4.2.9.2 For each expedited service request, the City will
request services (Notification by email and phone
specifically stating"expedited service request") and
the Contractor will respond/acknowledge within 30
minutes and be onsite within four (4) hours.
Response time will begin from the time the call is
made to the time the Contractor's technician signs in
at the facilities.
3.4.2.9.3 Understand if additional services (general or
expedited) are required after the Expedited services
are completed, those services will be provided in
accordance with the terms and conditions of this
Contract and as outlined in this Scope of
Services/Specification.
3.4.3 Background Investigations
3.4.3.1 Due to working in facilities subject to federal Criminal Justice
Information System requirements, contract workers must be
fingerprinted and must be able to pass a criminal background
check and drug screen. This must be done at the Contractors
expense and verification of a clear background must be given to
the contract administrator before any contract employee is
allowed to work in a building which falls under this requirement.
3.4.3.2 Under no circumstances will any Contractor personnel having
any convictions or pending criminal hearings be assigned to the
City contract.
3.4.4 Hazards
3.4.4.1 The Contractor will at no time permit placing or use of equipment
in such manner as to block traffic lanes or to create safety
hazards.Contractor's personnel will 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.
3.4.5 Defective Work and Damages
3.4.5.1 The Contractor will be wholly responsible for and will promptly
correct or restore all defective work or damages to any job site
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caused by its activities. Restoration and correction will be to the
complete satisfaction of the City.This will apply to any part of a
.building/home, 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.
3.4.5.2 Contractor will provide written notification immediately of any
damage found prior to any work commencing to the Departments
Contract Compliance Manager or designee.
3.4.5.3 Contractor will notify the City immediately if there is an incident
that causes damage to property after insuring the safety of the
affected individual(s).
3.4.5.4 Contractor will be responsible for any defects in the project due
to faulty materials and workmanship,or both,for a period of one
year from date of final acceptance of this project by the City and
will be required to replace at his/her expense any part or the entire
project which becomes defective due to these causes.
3.4.5.5 Contractor will be responsible for damage done to City property
or equipment as a direct result of the Contractor's actions. Should
the Contractor and/or employees cause any damage to City
property, the Contractor will inform the Department Contract
Compliance Manager or designee in writing within one (1)
calendar day.The Contractor will make repairs or replacement to
the satisfaction of the Department Contract Compliance Manager
or designee at no cost to the City within a time frame agreed upon
by the Department Contract Compliance Manager or designee.
The City may, however, at its sole discretion, elect to make
repairs or replacements of damaged property and deduct the cost
from any payments owed to Contractor or to recover costs if no
payments are owed.
3.4.6 Clean Up
3.4.6.1 The Contractor will keep the premises free at all times from
accumulation of waste materials or rubbish.At the completion of
the work,the Contractor will remove all waste and rubbish from
and about the work area, as well as tools, equipment and surplus
materials, and will leave the area as clean and as free of spots,
stains, etc., as before the work was undertaken. Contractor will
be responsible for disposing/hauling of all trash, demolition
debris, unused material, etc. in accordance with all Local, State,
and/or Federal guidelines.
3.4.7 Regulations
3.4.7.1 Contractor will comply with all applicable federal, state, and
local laws, ordinances, rules, and regulations pertaining to the
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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.
3.4.8 Performance
3.4.8.1 Failure of the City to insist in any one or more instances upon
performance of any of the terms and conditions of this contract
will 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 will continue in full
force and effect.
3.4.9 Warranty of Product
3.4.9.1 Contractor guarantees that the manufacture warranty for all
products used in the provided service is transferred to the City.
3.4.10 Injury
3.4.10.1 Contractor will notify the City immediately if there is an accident
involving injury to any individual on or near the location by phone
or radio after insuring the safety of the affected individual(s).
3.4.11 Contractor will perform services in a manner as not to interrupt or interfere
with the operation of any existing activity on the premises or with the work of
another contractor.
3.4.12 Contractor will be responsible for familiarizing themselves with the nature and
extent of work to be performed by adequately inspecting the location prior to
the start of performing the services.
3.4.13 Contractor will not perform outside what was requested for a specific service
request without first having written approval from the Department Contract
Compliance Manager or designee. The Contractor will not install any
additional quantities without the Department Contract Compliance Manager
or designee's prior written authorization. Invoices will only be for agree-upon
quantities. The City is not responsible for paying any unapproved invoice
items.
3.4.14 Contractor will understand and agree that the scheduling of events at City
facilities takes precedence over any services agreed to by the Contractor and
Department Contracts Compliance Manager or designee. The Contractor will
not hold the City liable,financially or otherwise,if the City needs to reschedule
services with the Contractor due to a new event scheduled at a City facility.
The Department Contract Compliance Manger or designee will make every
reasonable effort to immediately notify the Contractor of changes in the City's
schedule of events which may have an impact on scheduled services.
3.4.15 Contractor will report to the Department Contract Compliance Manager or
designee upon arrival and departure from a location.The Department Contract
Compliance Manager or designee who initially requested the service should
inspect the job site upon completion of work to review job performance.
3.4.16 Contractor will upon completion of service call to a location,provide a detailed
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report describing the services performed and materials installed, repaired, or
replaced during the visit and materials picked up at the completion of the job.
The report will be provided to the Department Contract Compliance Manager
or designee within one(1)week of the completion of the service request, or at
a time mutually agreed to between the Contractor and the Department Contract
Compliance Manager or designee. The Contractor and Department Contract
Compliance Manager can mutually agree on the content of the report.
3.4.17 Contractor will provide all transportation required to perform the work.
Contractor will park its vehicles in areas designated by the City, if available.
In the event the City cannot make parking arrangements for the Contractor,the
Contractor will be responsible for the parking fees and fines. All vehicles
parked on City property will be clearly marked with the Contractor's or
subcontractor's name on both sides of each vehicle. Magnetic signs are
acceptable.
3.4.18 Contractor will acknowledge receipt of a standard service request Notification
within two (2) business days by responding via phone or email to the
Department Contract Compliance Manager or designee. The Department
Contract Compliance Manager or designee will provide the Contractor with
the location,onsite contact,and a general description of the service request.
3.4.19 Contractor will for each project, submit a firm fixed price quotation to the
Department.Contract Compliance Manager or designee within (2) business
days of notification for review by the Contract Compliance Manager or
designee, or at a time mutually agreed to between the Contractor and the
Department Contract Compliance Manager or designee. The quote will be
evaluated for accuracy, demonstrated understanding of the project scope of
work, schedule and price and will be awarded to the Contractor meeting the
project requirements at the lowest price.To comply with the quote process,the
Contractor will:
3.4.19.1 Include with the firm fixed price quotation:
3.4.19.1.1 Description of the work to be performed.
3.4.19.1.2 Itemized estimate of manufacturer's list price,
labor, material, and parts cost. Material and
parts costs will be detailed separately.
3.4.19.2 If providing a verbal cost estimate, the Contractor will provide
the Contract Compliance Manager or designee a written
summary of services provided within two(2)business days. The
summary will include: the location of the services, type and
description of services to be performed, and itemized cost of
labor and parts(based on prices established in the Contract), and
list of materials-handling equipment rental(s)needed to complete
the service(if applicable).
3.4.19.3 Verbal estimates will not release the Contractor from its
responsibilities as described by the terms of the Contract.
3.4.19.4 Hourly labor rates and percentages given will be the delivered
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price and items will be delivered with the terms of FOB
Destination,Freight Prepaid, and Allowed.
3.4.19.5 Hourly labor rates for repair will be actual time worked at the
City's job site to the nearest one-quarter(1/4)hour.
3.4.19.6 Contractor's delays, servicing delays, mileage, freight, parts
procurement or travel time will not be accepted or paid by the
City under the terms of this agreement.
3.4.19.7 Electrical equipment parts and materials for repairs will be
charged to the City using a percentage discount listed on the
Vendor's pricing response.
3.4.19.8 Contractor will provide proof of cost with all invoices that list
equipment/parts and material charges.
3.4.19.9 Understand the submission of a firm fixed price quotation is
evidence that the Contractor has familiarized himself/herself
with the nature and extent of the work and any local conditions
that may,in any manner,affect the scope of the work to be done,
and the equipment, materials, labor, etc. required. No variation
in price or conditions will be permitted based on the claim of
ignorance,negligence,or false representation.
3.4.19.10 Contractor will understand that if alternative products are
available to meet the sustainability goals of the City, these will
be submitted with the Contractor's quote as an additional or
alternative firm fixed price quotation.
3.4.19.11 Contractor will understand the Department Contract Compliance
Manager or designee will review the quotations and, if in
agreement approves the quote,will issue a Department Purchase
Order(PO)to the Contractor.The Contractor will not begin work
without a PO from the City.
3.4.19.12 The City reserves the right to reject any and all quotes. If the
Contract Compliance Manager or designee does not agree with
the lowest fixed-price quote as presented, the Contract
Compliance Manager or designee may contact the Contractor to
discuss and resolve. Once in agreement, the Contractor will
submit a revised fixed-price quote for approval to the Contract
Compliance Manager or designee in one(1)business day,or at a
time mutually agreed to between the Contractor and the Contract
Compliance Manager or designee.
3.4.19.13 Acknowledge receipt of the PO by contacting the Contract
Compliance Manger or designee by email or phone within two
(2)hours after receiving PO.
3.4.19.14 The Contractor will complete the work within the time stated in
the firm fixed price quotation. The Contractor will notify the
Department Contract Compliance Manager or designee upon
completion of the services.
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3.4.19.15 The Contractor will request additional time, in writing, if the
Contractor determines the services being performed cannot be
completed as specified in the firm fixed price quotation. The
Contractor will not increase the original fixed price quote for any
Contractor requested time extension due to delays caused by the
Contractor. The Contractor and the Department Contract
Compliance Manger or designee will mutually agree to a new
completion date. Under no circumstances will the Contractor
leave services unfinished without prior approval/arrangement
from the Department Contract Compliance Manager or designee.
3.4.19.16 The Contractor will acknowledge and understand that the firm
fixed price quote is the maximum amount the City will pay for
the service, regardless of increases in labor, equipment or
materials initiated by the Contractor. Contractor changes to the
approved firm fixed price quotation will not increase the total
dollar amount of fixed price quotation.
3.4.19.17 The Contractor will immediately notify the Department Contract
Compliance Manager or designee in writing (by email) if
additions, deletions, and/or revisions to a job assignment are
needed.
3.4.19.18 Within one(1)business day of verbal notification,the Contractor
will submit a written Project Quotation Change Request to the
Department Contract Compliance Manager or designee.The City
reserves the right to reject any changes to the project firm fixed
price quotation requested by the Contractor. Under no
circumstances will the Contractor proceed with changes to the
project firm fixed price quotation without approval from the
Department Contract Compliance Manager or designee. The
Project Quotation Change Request will include the following:
3.4.19.18.1 A description of the change or addition in the
work and the reason for the change/addition,
explaining the benefits of the change/addition.
3.4.19.18.2 The adjustment in the project time,if applicable.
3.4.20 If the City requests to change a fixed-price quote due to a change in the scope
of work that would increase the number of labor hours required or the amount
of materials required,the Contractor will amend the original amount and,upon
approval and acceptance by the Contract Compliance Manager, of the
amended fixed-price quote,will be reimbursed for the changes.
3.4.21 Contractor will comply with all Federal,State,Local,and City regulations that
relate to fire sprinklers,and suppression system services and repairs.
3.4.22 Contractor will understand the repair parts and materials used to perform
services under this Contract will be factory-new, free of defects in materials
and workmanship, and meet or exceed the Original Equipment Manufacturer
(OEM)specifications as approved by the City's Contract Compliance Manager
or designee.
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3.4.23 Contractor will not charge the City for repair parts and materials other than
those used in the performance of services for the City.
3.4.24 Contractor will understand that all charges for repair parts and materials will
be included in the firm fixed price quotation and will not be billed separately.
3.4.25 Contract will understand that all equipment used in the performance of this
contract, will be in good operating condition and will meet or exceed OSHA
industry standards.
3.4.26 Contractor will understand that they cannot store used supplies and equipment
on city premises at the end of the work day unless otherwise specified by the
Department Contract Compliance Manager or designee.
3.4.27 Contract will understand that no gasoline, natural gas, diesel, or propane-
powered equipment will be allowed inside a facility without the written
permission of the Department Contract Compliance Manager or designee.
3.4.28 Contractor will understand that any motorized or mechanical equipment such
as lifts,booms or scaffolds will be inspected and approved by the Department
Contract Compliance Manager or designee before use.Non-marking tires will
be cleaned before entry into the facility. In addition, the City may require a
covering be laid on the floor to protect it from the equipment. The Contractor
is responsible for any damage resulting from tire burns, battery leaks, oil or
hydraulic leaks,scrapes or scratches caused by its equipment.
3.4.29 Contractor will understand the City may call for a work stoppage at any time
if inferior equipment that is creating hazardous conditions or damaging City
property is in use by the Contractor. The City will have the sole and final
authority in determining if Contractor's equipment is inferior.
3.4.30 Contractor will understand that under no circumstances will the Contractor
charge the City if the Contractor elects to purchase tools and equipment used
to perform services under this Contract. This does not include any equipment
rentals.
3.4.31 Contractor will obtain written approval from the Department Contact
Compliance Manager or designee prior to renting any equipment. Under no
circumstances will the Contractor rent equipment without such prior approval.
All costs of Rental Equipment will be included in the firm, fixed price quote.
3.4.32 Inspections and Tests Individual building fire sprinkler systems will be
inspected and tested in accordance with the applicable codes that were in effect
at the time of system installation including but not limited to the National Fire
Protection Association (NFPA) Codes and Standards for the applicable
component being tested,specifically NFPA 25.Inspections and testing will be
conducted in accordance with the requirements of NFPA 25 for the related
systems being tested.
3.4.33 Contractor will check in and out with the site building manager, Contract
Compliance Manager or designee to ensure that the Contract Compliance
Manager or designee logs the commencement and completion times for the
"Service Ticket," or summary list,to document the date of inspection.
3.4.34 All inspection reports will describe each device in the system in a line-item
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fashion that includes type,building name/location,status of each device,name
of Contractor personnel performing the work, and number of hours worked.
These reports will be computer generated.
3.4.35 When conducting test and/or inspections Contractor will provide all required
personnel,tools,and materials necessary to perform the test and/or inspection.
For testing and/or inspection of the fire sprinkler systems at least one member
of the test and/or inspection team will hold a valid RME-I by the Texas
Department of Insurance State Fire Marshal's Office. The individual holding
the license(s)will be present on site at the time of testing and/or inspection of
the systems and will perform the tests and/or inspections and place the
appropriate tag on the systems upon completion of the test and/or inspection
and prepare the inspection reports. Contractor will also provide all necessary
equipment to conduct testing including reliable means of two-way
communication such as two-way radios.
3.4.36 While conducting a test, Contractor will not leave a floor, area of a building,
or building isolated from the fire pump without giving notification to the
Contract Compliance Manager or designee.
3.4.37 Upon completion of an inspection and associated testing and prior to leaving
the site, Contractor will affix to the system the appropriate tag. Inspection,
Test,&Maintenance(ITM)Tag,"Yellow Tag,"or"Red Tag".Contractor will
provide one(1)signed,electronic copy of the inspection report within five(5)
business days after testing and/or inspection is completed. All inspection
reports will be computer generated. Reports documenting the testing and/or
inspection of a fire sprinkler system will be on a form that is acceptable to the
City and Contractor will submit a copy of the proposed form to the Contracts
Compliance Manager for approval prior to use. In addition, Contractor will
provide a detailed list of each initiating devices tested, indicating the device
type, location, alphanumeric label, if applicable, and indication if the device
passed or failed the test. Electronic copies of the reports will be submitted to
the Contract Compliance Manager or designee via e-mail in Portable
Document Format(PDF)Format.In addition,an inspection and testing report
must be accompanied by a Service Ticket, scanned and submitted
electronically. When deficiencies and/or code violation are discovered by the
Contractor during the course of an inspection and/or test, they will be
documented and clearly identified per line item as a part of the inspection
and/or test report after consultation with the Contract Compliance Manager or
designee. Each deficiency will be identified as a "Red Tag" or "Yellow Tag"
deficiency as indicated in Title 28,Texas Administrative Code;Chapter 34.
3.4.38 The City's ordering division or designee will be notified of all deficiencies and
or impairments consisting of any area without fire protection within two hours
of discovering the issue by phone and email. The Contract Compliance
Manager or designee will be notified within 24hrs of all other deficiencies by
phone and email.
3.4.39 Any items that may be recommended by a manufacturer or Contractor but that
are not a code violation of deficiency that are recommended by the Contractor
will be listed separately on the inspection and/or test report and identified as
recommendations only.
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3.4.40 All inspections and/or test will be scheduled with the City's ordering division
or designee.
3.4.41 Service and Repairs all service and repairs regular and/or special will be
rendered at such times and in such a manner that minimum interference with
the normal facility operating agenda. Contractor will provide the necessary
labor and materials to keep all fire sprinkler systems in full operation as
designed and as required by law.
3.4.42 Contractor will be responsible for obtaining any required permits in the
performance of the work.
3.4.43 Products furnished under this agreement will be quality workmanship and
material and all products or items offered under this agreement will be new
and unused.
3.4.44 Any other related licenses and certifications related to this work and in
compliance with state laws.
3.4.45 The City's failure to specify types of licenses and certifications will not release
the Contractor from this requirement.
3.4.46 Contractor will maintain an adequate number of 10 employees to satisfactorily
perform scheduled services who are skilled, responsible persons who in
manner and character are suitable to a business administering to the type of
patronage found in City facilities.
3.4.46.1 Contractor technicians will be trained and certified at the contractors' expense
to repair the specific fire sprinkler and suppression systems in the City
facilities, and provide documentation of such training.
3.4.47 Contractor will stock commonly used components in the local service facility
that are dedicated for repair of systems.Non-common parts must be available
within twenty-four(24)hours.
3.4.48 Contractor will guarantee manpower availability twenty-four hours per day,
365 days per year dedicated to the repair of systems should after hours service
be required in addition to the contract terms; and have company vehicles
clearly marked with company name.
4.0 PERFORMANCE
4.1 Failure of the City to insist in any one or more instances upon performance of any of the
terms and conditions of this Agreement will not be construed as a waiver or relinquishment
of the future performance of any terms and conditions, but the Vendor's obligation with
respect to such performance will continue in full force and effect.
5.0 CONTRACT ADMINISTRATION AND TERMINATION
5.1 Contract administration will be performed by the City Department.In the event the Vendor
fails to perform according to the terms of the agreement, The Department head or his/her
designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to
discuss the Vendor's deficiencies.A written cure notice may be prepared giving the Vendor
calendar days to cure any deficiency.
Fire Sprinklers and Suppression Systems Services Agreement Page 24 of 27
Ideal Fire and Security,LLC
5.2 In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Purchasing Manager who will take appropriate action to cure the
performance problem(s),which could include cancellation,termination for convenience or
default.If the agreement is terminated for default,the Vendor may be held liable for excess
cost and/or liquidated damages.
5.3 The,Vendor 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.
5.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination,the Vendor will immediately stop all work
hereunder and will immediately cause any and all of its suppliers and sub Vendors to cease
work. Subject to the terms of this agreement, the Vendor will 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 Vendor can demonstrate to the satisfaction of the
City using its standard record keeping system, have resulted from the termination.
However,in no event will the total of all amounts paid to the Vendor exceed the agreement
price.The Vendor will not be reimbursed for any profits which may have been anticipated,
but which have not been earned up to the date of termination.
I
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1
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Fire Sprinklers and Suppression Systems Services Agreement Page 25 of 27
Ideal Fire and Security,LLC
EXHIBIT B
PAYMENT SCHEDULE
Line Details
Line: 1
Description: __ City Unit Unit ice Total
Testing and Inspection(Hourly Rate Monday 1459,00 HR
through Friday 8:00am to 5:00pm)
Line: 2
Description: _ _ Qty Unit UnitPrice _ Total
Repairs(Hourly Rate for Monday through 690.00 HR
Friday B:OOam to S;OOpm)
Lino: 3 1
Description:__ Qty Unit UnitPrice Total
Repairs(Hourly Rate Monday through Friday 385.00 HR _
5:01pm to•7:59am,and Sal&Sun)
Lino: 4 �JJ ��JJ pr►�""'J
Description: _ Qty Unit UnitPrice Total
Repairs per Specifications 7.3(Hourly Rate 140.00 HR
for Holidays) __1t600 Ljq x.c
Line: 6 �x.�
pAscription: Qty Unit_ UnitPrice __. Total
Quarterly inspection Service of tampers and 4,00 01
water flows for 100 Energy Way per 0600
Specific0ons 7.2,1
Line: 7
Description: Qty _ Unit _ U_nItPrioe Total
Annual Inspection Service for 100 Energy Way 1.00 YR _
per Specifications 7.2.2
Lino: 8
Description: Qty _ Unit u_n_Itprico Total
One-Time 5 Year Inspection Service for 100 1.00 EA
Energy Way per Specifications 7.2.3
Line: 9
Description: CHY ____ Unit UnitPrice Total
Annual Inspection Service Fire Sprinkler& 1.00 YR
Suppression System ��ry 1�N� �y�
Fire Sprinklers and Suppression Systems Services Agreement Page 26 of 27
Ideal Fire and Security,LLC
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
IDEAL FIRE AND SECURITY LLC
6913 CAMP BOWIE#161
FORT WORTH,TEXAS 76116
Execution of this Signature Verification.Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor.Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
I. Name:bayA, W( WAY)%�o
Position:ff CCUU''tf MC4-0arG)
ignat re
2. Name:
Position:
Signature
3. Name:
Position:
YA
Signature _ -- -- - - --- ---
Name:Wv t�c,,u 1
ignature of ide CEO
Other Title:
Date:
Fire Sprinklers and Suppression Systems Services Agreement Page 27 of 27
Ideal Fire and Security,LLC
5/6/22,3:16 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRT��
Create New From This M&C
REFERENCE**M&C 22- LOG 13P22-0008 FIRE SPRINKLERS &
DATE: 4/26/2022 NO.: 0301 NAME: SUPPRESSION SYSTEM SERVICES
WTR LO
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL) Authorize an Agreement with Ideal Fire & Security, LLC for Fire Sprinklers and
Suppression System Services in an Annual Amount Up to $237,740.00 and Authorize
Four Annual Renewal Options for the Same Amount for City Departments
RECOMMENDATION:
It is recommended that the City Council authorize an agreement with Ideal Fire & Security, LLC for
fire sprinklers and suppression system services in an annual amount up to $237,740.00 and
authorize four annual renewal options for the same amount for City Departments.
DISCUSSION:
The Aviation, Public Events, Transportation and Public Works, Property Management and Water
Departments approached the Purchasing Division to procure an annual agreement for fire sprinklers
and suppression system services for multiple buildings throughout the City of Fort Worth (City). The
City will utilize this agreement for maintenance, repair, inspection and testing of fire sprinkler systems,
and suppression systems in city owned/operated facilities. The Purchasing Division issued an
Invitation to Bid (ITB) 22-0008. The bid detailed specifications regarding duties, performance
expectations, required experience, scheduling, and supervision requirements for all areas of the
building.
The ITB was advertised in the Fort Worth Star-Telegram on December 22, 2021, December 29, 2021,
January 5, 2022, January 10, 2022, and January 13, 2022. Five responses were received. APS
FireCo, LLC, Fire & Life Safety America, LifeProtection Sprinkler, and Century Fire Protection,
LLC were deemed non-responsive due to failing to meet the Business Equity goal assigned to the ITB.
Staff evaluated the remaining response based on a Best-Value criteria, which included (a)
qualifications, (b) experience, (c) references, (d) availability of resources to provide services
(personnel), (e) business equity commitment, and (f) price. The individual scores were averaged for
each of the criteria and the final scores listed in the following table. Upon review of the
information, Ideal Fire & Security, LLC received the highest overall score and was determined to
present the best value to the City.
F_Proposers F- Evaluation Factors
i b F—c d I e I f Total Score
Ideal Fire & Security, LLC 6.8 5 00 4 5 11.5 5 0 35 01 67.75
FUNDING: The maximum annual amount allowed under this agreement city wide will be
$237,740.00, however the actual amount used will be based on the need of the department and
available budget.
BUSINESS EQUITY: Ideal Fire and Security is in compliance with the City's Business Equity
Ordinance by committing to 8\% Business Equity participation on this project. The City's Business
Equity goal on this project is 8\%.
AGREEMENT TERMS: Upon City Council approval, the agreement will begin upon execution and will
end one year from that date.
RENEWAL OPTIONS: This agreement may be renewed for up to (4)four one-year terms at the City's
option. This action does not require specific City Council approval provided that the City Council has
apps.cfwnet.org/council_packet/mc_review.asp?ID=29854&councildate=4/26/2022 1/2
5/6/22,3:16 PM M&C Review
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER: 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 authorization of an agreement. Prior to any expenditure being
incurred, the participating departments have the responsibility to validate the availability of funds.
BQN\\
TO _
Fund Department Account Project Program Activity Budget Reference# Amount
� ID ID I YeaChartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year Chartfield 2
Submitted for City Manager's Office by_ Reginald Zeno (8517)
Dana Burghdoff(8018)
Originating Department Head: Anthony Rousseau (8338)
—g g—P Steve Cooke (5134)
Additional Information Contact: Cynthia Garcia (8525)
Laura Ortiz (6467)
ATTACHMENTS
1295 Form- Ideal Fire&Security,, LLC.pdf (CFW Internal)
131322-0008 FIRE SPRINKLERS&SUPPRESSION SYSTEM SERVICE funds availability.docx (CFW Internal)
131322-0008 FIRE SPRINKLERS&SUPPRESSION SYSTEM SERVICE Update Combined FID.xlsx (CFW Internal)
MWBE Compliance Memo.pdf (CFW Internal)
SAM- Ideal Fire&Security,, LLC.pdf (CFW Internal)
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