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HomeMy WebLinkAboutContract 57944 CSC No. 57944 VENDOR SERVICES AGREEMENT Romance Services This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation and Jackey R Dunn, Jr., dba Romance Services. ("Vendor"), a Texas Corporation, 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: This Agreement and supporting documents shall include the following: 1. Exhibit A—Scope of Services; 2. Exhibit B—Price Schedule; 3. Exhibit C—Verification of Signature Authority Form and; 4. Exhibit D—Insurance Requirements. Exhibits A, B, C and D, 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. Vendor shall perform plumbing services but not limited to City owned/operated faculties, citizens residential and commercial private water,sewer and gas lines,as well as,industrial areas damaged by City work crews performing construction activities or for plumbing modifications and repairs for water meter connections on behalf of the Water Department. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on the Effective Date, as established herein, and shall expire one year after completion of the Services, unless terminated earlier in accordance with this Agreement. 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 options- 3. COMPENSATION. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit`B,"—Price Schedule. Total payment made under this Agreement shall be in the amount of Five Hundred, Seventy One Thousand, Five Hundred and Twelve Dollars and fifty cent ($571,512.50). Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services.City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. OFFICIAL RECORD Vendor Services Agreement(Rev.9.07.21) CITY SECRETARY FT. WORTH, TX 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 shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement.In the event Vendor has received_access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor,for itself and its officers,agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way.Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event,Vendor shall,in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor agrees that City shall,until the expiration of three(3)years after final payment under this contract,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers 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 shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. INDEPENDENT CONTRACTOR. Vendor Services Agreement(Rev.9.07.21) Page 2 of 14 It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Vendor or any officers,agents,servants,employees or subcontractor of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTSANDAGREES TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESUL TING L OST PROFITS)AND/OR PERSONAL INJURY,INCL UDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may Vendor Services Agreement(Rev.9.07.21) Page 3 of 14 receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or(b)modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement,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. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its primary duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment,the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract for primary duties, such subcontractor shall execute a written agreement with Vendor referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Insurance requirements are found on Exhibit D. 11. COMPLIANCE WITH LAWS, ORDINANCES RULES AND REGULATIONS Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. Vendor Services Agreement(Rev.9.07.21) Page 4 of 14 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by electronic means with confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,addressed as follows: To CITY: To VENDOR: Romance Services City of Fort Worth POB Box 136513 Attn:Dana Burghdoff,Assistant City Manager Plain°Oe hJacxlcey it Dunn,Jr. 200 Texas Street Title: Owner Fort Worth,TX 76102-6314 Facsimile: (817)392-8654 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor,any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. SEVERABILITY. Vendor Services Agreement(Rev.9.07.21) Page 5 of 14 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement including its. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including its Exhibits, 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. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30)days from the date that the services are completed. In such event, at Vendor's option, Vendor shall 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. 26. IMMIGRATION NATIONALITY ACT. Vendor Services Agreement(Rev.9.07.21) Page 6 of 14 Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product, and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change 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. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL. Vendor Services Agreement(Rev.9.07.21) Page 7 of 14 Vendor unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Vendor has 10 or more full time-employees and the contract value is $100,000 or more,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that if Chapter 2271,Texas Government Code applies,Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 31. 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, which will 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 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg.,R.S., S.B. 13, §2). 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 boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. 32. PROHIBITION ON DISCRLVHNATION 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 which will 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"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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective as of the date subscribed by the City's Assistant City Manager("Effective Date"). (signature page and exhibits follow) Vendor Services Agreement(Rev.9.07.21) Page 8 of 14 ACCEPTED AND AGREED: CITY OF FORT WORTH: VENDOR: Dingy Bur uLiggdo�F Dana Burghdoff ug 4,202215:18 CDT) By: Name: Dana Burghdoff Jackey R:Dunn Jr. Title: Assistant City Manager Title: Owner Date: d 7-1�Z •?��Z Date: APPROVAL RECOMMENDED: C&t�t Hader By: Christopher Ftarder(Aug 2,202217:08 CDT) Name: Chris Harder Title: Water Director a ATTEST: ��o° °°°O ° ~o 00 By: Jannette S.Goodall(Aug 4,202215:37 CDT) %*%-0000 °OName: Jannette Goodall � 000000 a Title: City Secretary nEXASoA APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of By: Mack(Aug2,202217:12CDT) this contract,including ensuring all performance and Name: Doug Black reporting requirements. Title: Sr.Assistant City Attorney CONTRACT AUTHORIZATION: By: ,�et�uza M&C: 22-0499 DATE: June 28,2022 Name: Regina Jones 1295. 2022-896404 Title: Contract Compliance Specialist OFFICIAL RECORD Vendor Services Agreement(Rev.9.07.21) CITY SECRETARY FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES Vendor Services Agreement—Exhibit A(Rev.9.07.21) Page 11 of 14 PART—2 SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize an agreement for plumbing services for the Water Department on an "as needed" basis. Prospective responding bidders should ensure they download all attachments for complete responses and understanding of the agreement the City intends to award from this solicitation. The successful bidder(s), known hereafter as"Contractor"/"Vendor." 1.2 Plumbing services shall be furnished for, but not limited to, City owned/operated faculties, citizens residential and commercial private water, sewer and gas lines, as well as, industrial areas damaged by City work crews performing construction activities or for plumbing modifications and repairs for water meter connections. 1.2.1 City staff may also use these contracts for private water service inspection and service line replacement under a"find and fix"solution for compliance with the EPA's Lead and Copper Rule Revisions(EPA 40 CFR, 141 and 142). 1.2.2 Contractor will conduct back flushing on lines requested by the City. 1.3 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. 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. 1.4 Following the award, 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 bid and price sheet provided with the bid. 1.5 Unit prices shall 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. 1.6 Any services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 1.7 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 TENTATIVE SCHEDULE OF EVENTS TASK DATE ITB Release Date A ril 13, 2022 Pre-Bid Conference April 20, 2022 at 1:00 PM (Local Time Deadline for Questions April 21, 2022 at 5PM (Local Time Answers Posted A ril 22, 2022 ITB 22-0110 Plumbing Services Page 12 of 61 ITB Responses Due Date AT 1:30 p.m. Local Time May 5, 2022 Recommended Vendor Selection May 2022 Mayor and Council Consideration Au ust 2022 Contract Execution Au ust 2022 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP-The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 4.0 METHOD OF AWARD 4.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to the City.A responsible bidder is defined as a bidder that: 4.1.1 Meets all the requirement listed in Section 5, Part 2. 4.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 4.2 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non-responsive. 4.3 The following criteria will be used to determine the best value: 4.3.1 Cost of service—up to 40 points 4.3.2 Contractor's Qualifications, Experience, and References—up to 30 points 4.3.3 Availability of resources to provide services—up to 10 points 4.3.4 Contractor's approach to perform services—up to 20 points 4.4 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 4.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. ITB 22-0110 Plumbing Services Page 13 of 61 6.7.5 I.D. Badge 6.7.5.1 Contractor's employees are required to wear an identification badge at all times while performing work under this agreement. 6.7.5.2 There may be times when the requesting department will issue City Contractor I.D. badges for contractor's employees. The I.D. badges shall be surrendered to the department representative upon the completion of each project. 6.7.6 Clean-Up 6.7.6.1 Keep the premises free at all times from accumulation of waste materials or rubbish, leaving the area as clean and free of spots, stains, etc. as before the work was undertaken. 6.7.6.2 At the completion of the work, the remove all waste and rubbish from and around the work area, as well as, tools, equipment and surplus materials. 6.7.6.3 Be responsible for the disposing/hauling of all trash, demolition debris, unused materials, etc., in accordance with all Local, State and/or Federal guidelines. 6.7.7 Compliance with Law 6.7.7.1 Comply with all applicable federal, state, local laws, ordinances, rules and regulations pertaining to the performance of work specified herein even if they come into effect after the start of the contract. 6.7.7.2 All mandates requiring the City to comply with new guidelines will also require the City contractor's to comply. 6.7.7.3 Procure all permits, licenses and certificates, or federal, state, local laws, ordinances, rule and regulations for the proper execution and completion of work under this contract. 6.7.8 Background Check 6.7.8.1 When assigned to work within facilities subject to Federal Criminal Justice Information Systems requirements, be finger printed and must pass a criminal background check and drug screening. 6.7.8.2 Background checks must be done at the contractor's expense and verification of a clear background must be given to the contract administrator before the contractor's employee(s) are allowed to work in a building which falls under this requirement. 6.7.9 Traffic Safety 6.7.9.1 At no time, place or use equipment in such a manner as to block traffic lanes or to create safety hazards. 6.7.9.2 Provide appropriate warning devices when necessary and cooperate in the fullest in allowing passage of other vehicles and personnel, even to the point of interrupting their work, if necessary. ITB 22-0110 Plumbing Services Page 16 of 61 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 shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 17.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 17.1 If the Federal award meets the definition of"funding eCFR—Code of Federal Regulations agreement" under 37 CFR§401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 18.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 18.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 19.0 DEBARMENT AND SUSPENSION 19.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 20.0 BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) 20.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 20.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their bid, if the bid exceeds$100,000.00 ITB 22-0110 Plumbing Services Page 22 of 61 EXHIBIT B PRICE SCHEDULE Vendor Services Agreement—Exhibit B(Rev.9.07.21) Page 12 of 14 FORT WORTH. -' � BID SOLICITATION Event ID Page Invited: PUBLIC EVENT DETAILS CFa01-22-0110 3 Event Round Version Submit To: City of Fort Worth 1 3 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing ITB Plumbing services 200 Texas St. (Lower Level,South) Start Time Finish Time Fort Worth TX 76102 04/13/2022 08:00:00 CDT 05/05/2022 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qty Unit UnitPrice Total MASTER PLUMBER-REGULAR HOURLY RATES(7:30 800.00 HR AM TO 5:30 PM) oa f oo� o Line: 2 �O Description: Qty Unit UnitPrice Total JOURNEYMAN-REGULAR HOURLY RATES (7:30 AM 800.00 HR TO 5:30 PM) O• �� Line: 3 Description: Qty Unit UnitPrice Total HELPER-REGULAR HOURLY RATES (7:30 AM TO 800.00 HR 5:30 PM) Line: 4 Description: Qty Unit UnitPrice Total MASTER PLUMBER-AFTER HOUR RATES(5:30 PM TO 800.00 HR 7:30 AM) Line: 5 Description: Qty Unit UnitPrice Total JOURNEYMAN-AFTER HOUR RATES(5:30 PM TO 500.00 HR 7:30 AM) D u0 Oa°� Line: 6 Description: Qty Unit UnitPrice Total HELPER-AFTER HOUR RATES(5:30 PM TO 7:30 450.00 HR �-7 M AM) 2✓3 7 Line: 7 Description: Qty Unit UnitPrice Total MASTER PLUMBER-WEEKEND REGULAR HOURLY RATES 600.00 HR (8:00 AM TO 5:00 PM) Line: 8 J Description: Qty Unit UnitPrice Total JOURNEYMAN-WEEKEND REGULAR HOURLY RATES 600.00 HR (8:00 AM TO 5:00 PM) ITB 22-0110 Plumbing Services R0h'1GLnCe— s Page 3 of 61 ey-VIGes FORT WORTH. -`� BID SOLICITATION Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-22-0110 Event Round Version Submit To: City of Fort Worth 1 2 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing ITB Plumbing Services 200 Texas St. (Lower Level, South) Start Time Finish Time Fort Worth TX 76102 04/13/2022 08.00.00 CDT 04/28/2022 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qty Unit UnitPrice Total HELPER-WEEKEND REGULAR HOURLY RATES(8:00 500.00 HR AM TO 5:00 PM) t•1 DO Line: 10 Description: Qty Unit UnitPrice Total MASTER PLUMBERS-HOLIDAYS REGULAR HOURLY 400.00 HR RATES(8:00 AM TO 5:00 PM) Line: 11 1 Description: Qtv Unit UnitPrice Total JOURNEYMAN-HOLIDAY REGULAR HOURLY RATES 400.00 HR (8:00 AM TO 5:00 PM) Line: 12 J of Description: Qtv Unit UnitPrice Total HELPER-HOLIDAY REGULAR HOURLY RATES(8:00 700.00 HR AM TO 5:00 PM) rp 5. os I 15q)50). Total Bid Amount: 9 O `15Q CIZI A bid of"0"(zero)will be interpreted by the City as a no-charge(free)item and the City will not expect to pay for that item.A bid of"no bid"or no response(space left blank)will be interpreted by the City that the Offeror does not wish to bid on that item.Be advised,a"no bid"or no response may be considered as non-responsive and may result in disqualification of the bid. Markup OVER BIDDER'S COSTS FOR PARTS,MATERIALS AND SUPPLIES a Q %. (Apply Markup Percentage Bid to$150,000.00 to Obtain Correct Sum.) Example:$150,000.00 X 10%=$15,000.00;$150,000+15,000=$165,000 ITB 22-0110 Plumbing Services R�r-v-)O.nC2 St✓rVlce.5 Page 4of61 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. 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. 1. Name: Rv-yN e - Position:o(�,c,, p%n„..-Ias Signatu 2. Name: �, CV-" Position: Signatur 3. Name: Position: Signature Name: Ja���� �LnY-1 J� Sqgfatur(/of Preside t/ EO Other Title: pi,Jr c r- Date:_Q'7 - .2 2o-z-7 Vendor Services Agreement-Exhibit C(Rev.9.07.21) Page 13 of 14 EXHIBIT D INSURANCE Vendor Services Agreement—Exhibit D(Rev.9.07.21) Page 14 of 14 21.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 21.1 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 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, §2. 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 boycott energy companies; and (2)will not boycott energy companies during the term of this Agreement. 22.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES 22.1 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" 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. 23.0 RIGHT TO AUDIT 23.1 Vendor agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. ITB 22-0110 Plumbing Services Page 23 of 61 ATTACHMENT-A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City,state Contractor name in the#1, use N/A in each of the areas on the form. However,a signature is required in the#7 box in all cases. ITB 22-0110 Plumbing Services Page 24 of 61 Print Preview Send to Printer �, Close — — t City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday,June 28,2022 REFERENCE NO.: **M&C 22-0499 LOG NAME: 13P ITB 22-0110 PLUMBING SERVICES SUBJECT: (ALL)Authorize Non-Exclusive Purchase Agreements with A& G Piping Services,Inc., and Jackey Ray Dunn, Jr. d/b/a Romance Services, for Plumbing Services in an Annual Amount of Up to $879,250.00 and Authorize Four One-Year Renewals for the Same Annual Amount for the Water Department RECOMMENDATION: It is recommended that the City Council authorize non-exclusive purchase agreements with A& G Piping Services, Inc., and Jackey Ray Dunn,Jr. d/b/a Romance Services,for plumbing services in an annual amount of up to $879,250.00 and authorize four one-year renewals for the same annual amount for the Water Department. DISCUSSION: The Water Department, approached the Purchasing division to procure an agreement for Plumbing Services. The Purchasing Division issued an Invitation to Bid(ITB)22-0110. The bid detailed specifications describing the required services. The ITB was advertised in the Fort Worth Star-Telegram on Wednesdays from April 13,2022 through May 4,2022, and three (3)responses were received. Staff evaluated the responses based on the best value to the City and compliance with a five (5)percent Business Equity Goal.A& G Piping, Inc, O'Grady Plumbing, and Jackey Ray Dunn, Jr. d/b/a Romance Services were the three responding bidders, however, O'Grady Plumbing was deemed non-responsive for failure to meet the Business Equity requirements. A team of three evaluators consisting of members from the Water and Transportation and Public Works Departments evaluated and scored A& G Services and Romance Services on the following criteria: A) Contractor's Qualifications,Experience, and References B)Availability of resources to provide services C) Contractor's approach to perform services. The scores were averaged as follows: ®®© FINAL SCORE A& G Piping, Inc 22.0 5.7 12.7 75.86 Romance Services 25.0EKqD2.7l 83.67 FUNDING: The maximum annual amount allowed under this agreement will be $879,250.00,however, the actual amount used will be based on the need of the department and the available budget. Funding is budgeted in the Water Department's rollup within the Water& Sewer Fund. Funding will be split as follows: A& G Piping, Inc IF$571,512.50 Romance Services IF$307,737.50 BUSINESS EQUITY-A& G Piping, Inc. and Jackey Ray Dunn, Jr. d/b/a Romance Services are in compliance with the City's Business Equity Ordinance by committing up to 5\%Business Equity participation on this project. The City's Business Equity goal on this project is 5\%. 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 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 Water and Sewer Fund to support the approval of the above recommendation and award of the agreement. Prior to any expenditure being incurred,the Water Department has the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDs): TO Fund Department Account Project Program Budget Reference# (Chartfield Amount ID ID Year 2) FROM Fund Department Account Project Program Budget Reference# (Chartfield Amount ID ID b Year 2) CERTIFICATIONS: Reginald Zeno (8517) Submitted for City Manager's Office bv: Dana Burgdoff (8018) Originating Department Head: Anthony Rousseau (8338) Chris Harder (5020) Additional Information Contact: Cynthia Garcia (8525) Ashley Kadva (2047) ATTACHMENTS 1. 1295 22-0110 (CF)L),pdf (CFW Internal) 2. 13P ITB 22-0110 PLIMING SERVICES.docx (Public) 3. 13P TTB 22-0110 PLUMBING RVT xlsx (CFW Internal) 4. 22-010 Plumbing Services Compliance Memo 6 8 22 R ndf (CFW Internal) 5. Form G 1295 A& Piping Inc TTB 22-0110 pdf (CFW Internal) 6. Purchasing Goal-Waiver Form DVrN 2021_Signed 4 6 22 V 12df (CFW Internal) 7. SAMs-A-and-G-Piping-Inc pdf (CFW Internal) 8. SAMs-Romance-Service 1 (CFW Internal) CT »o @ • • Q / CL\ r \ 2 q E/ / % § @ $ [ / o 7D < § E § -, 4-1 2 \ < 0 G a) mu \ \ / \ § r u\ am •• o q e t \ f / 7 E $ mot e 3 m 2 @ 5 % fu73 E 2 / \ƒ 9 2 \ / \ \ cu \ 0 \ \ 4 2 2 q / \ \� § d � C:) _ > > ? � \ \_ § k 3 \ U � < < { f \ 0 % % § 7 •\ .. g 2 / E r ° § 5. [ U / j k 2 §k LA / CD E § � : \ / F \ m � £ � \ / ( ® w .