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HomeMy WebLinkAboutContract 57945 CSC No. 57945 VENDOR SERVICES AGREEMENT A&G Piping,Inc. 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 A&G Piping, Inc. ("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: I. 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 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 Three Hundred Seven Thousand,Seven Hundred Thirty Seven Dollars and fifty cent ($307,737.50). 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-Wropriation 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,FROMANDAGAINSTANYANDALL CLAIMS OR LAWSUITS OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST 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 l 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 � g Agreement, it being understood that this g 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 timel written notice of an such claim or g y y action,with copes 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(Ctev.9.o7.21) 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: City of Fort Worth A&G Piping,Inc. Attn: Dana Burghdoff,Assistant City Manager Name: Bobby Grimes 200 Texas Street Title:President Fort Worth,TX 76102-6314 Facsimile: (817)392-8654 Date: With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OR 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 et nployce 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 I 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 i 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 ma cure 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 CONTROLLIN G. Headings and titles used in this Agreement are for g g o 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 art and its counsel have reviewed and revised this Agreement p g party g t 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. FROHIBITION 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 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 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 fallow) Vendor Services Agreement(Rev.9.07.21) Page 8 of 14 Vendor Services Agreement(Rev.9.07.21) Page 9 of 14 ACCEPTED AND AGREED: CITY OF FORT WORTH: VEND Dana Burghdoff(Aug 4,2022 :185 By: Name: Dana Burghdoff By: Name: Bobby Grimes Title: Assistant City Manager Title: President Date: Date: L;?�q'zo 7 z- APPROVAL RECOMMENDED: ��L2rd�diGy/.P/L By: Christopher Hard (Aug2,202217:04 CDT) Name: Chris Harder Title: Water Director a � *� -�O' ATTEST: 0.00A�o0 00 Tghheie s. Goodall By: Jannette S.Goodall(Aug4,202215:37CDT) � To00000000 Tp Name: Jannette Goodall a��0EXAgaAA Title: City Secretary APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person WV responsible for the monitoring and administration of By: Mack(Aug2,202217:13CDT) this contract,including ensuring all performance and Name: Doug Black reporting requirements. Title: Sr.Assistant City Attorney CONTRACT AUTHORIZATION: By: M&C: 22-0499 DATE:June 28,2022 Name: Regina Jones 1295. 2022-896404 Title: Contract Compliance Specialist OFFICIAL RECORD Vendor Services Agreement(Rev9.07.21) CITY SECRETARY FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES Vendor Services Agreement—Exhibit A(Rev.9.07.21) Page II of 14 PART—2 SCOPE OF SERVICESISPECIFICATIONS 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 the download all attachments for or complete responses and understanding of the P g 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. i 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. i 2.0 TENTATIVE SCHEDULE OF EVENTS i i TASK DATE ITB Release Date Aril 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 Aril 22, 2022 i ITB 22-0110 Plumbing Services Page 12 of 61 I 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 4.7 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 4.8 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. 5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 5.1 Contractor shall have a minimum of five(5)consecutive years of experience conducting services similar or related to the Scope of Services. 5.2 Contractor shall have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 6.0 CONTRACTOR RESPONSIBILITIES—Contractor Shall 6.1 Be available to provide plumbing services 24 hours per day and respond on-site to emergency service calls within one (1) hour of notification. 6.2 Provide and install plumbing specialties, fixtures and equipment to repair or replace existing plumbing related items. 6.3 Take before and after photos in digital format at the jobsite before commencing the work and after work has been completed. 6.3.1 Be provided to the city. 6.3.2 Have work inspected by a representative from the Water Department upon completion. 6.3.2.1 Representative will be determined at the time of inspection. 6.3.3 Provide in writing to the requesting department, an itemized description of items and labor required to complete the job. 6.3.4 If the contractor encounters unforeseen conditions, which affects the work and could not initially be evaluated,the contract shall notify the City's authorized employee(s) immediately and prior to commencement of work. 6.3.6 Provide further digital photos as requested by the City. 6A Perform work in accordance with the latest edition of all applicable Local, State and Federal laws, codes and regulations. 6.5 Respond to City requests for emergency service within one (1)hour of time notification. 6.6 Contact the requestor within one(1) hour of a City request for non-emergency to arrange an arrival time. 6.7 DETAILED SPECIFICATIONS 6.7.1 General Parts Warranty 6.7.1.1 Use parts which carry the standard warranty of the manufacturer. 6.7.1.2 Remedy, at their expense, any non-conforming or defective products and any damage to real or personal property owned or not by the City when that damage is the result of a defective product. ITB 22-0110 Plumbing Services Page 14 of 61 67.1.3 The City shall notify the contractor within a responsible period of time, any part that has failed, defective or damaged. 6.7.1.4 If the contractor fails to remedy any failed, defective or damaged product within a reasonable time after notification,the City shall have the right to replace, repair, or otherwise remedy the product at the expense of the contractor. 6.7.2 Warranty of Defective Work 6.7.2.1 Be wholly responsible for and shall promptly correct or restore all defective work and damages to any jobsite caused by its activities. 6.7.2.2 The warranty with respect to labor on new installations, repairs and replacement of products shall be one (1)year from the date of acceptance by an authorized City employee. 6.7.2.3 Failure by the Contractor to proceed promptly, after notification from the City, 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. 6.7.2.4 Restoration and correction shall be to the complete satisfaction of the City. This shall 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. 6.7.3 Supervision and Proper On-Site Conduct 6.7.3.1 During all periods of contract performance, provide competent supervision of their employees to assure complete and satisfactory fulfillment of the work under the terms of this Contract. An authorized contractor's representative must be present during work activities to receive any special instructions from an authorized City employee. 6.7.3.2 The City shall have the right to require that the contractor dismiss from the premise any employee(s) of the Contractor whose conduct is improper, inappropriate, or offensive and such employees shall not return to the subject premise without written consent of the City. 6.7.4 Safety 6.7.4.1 Be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include, but is not limited to: 6.7.4.2 Environmental Health Protection Agency(EPA); 6.7.4.3 Fort Worth City Ordinances; 6.7.4.4 Occupational Safety and Health Agency(OSHA) regulations. 6.7.4.b Be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. ITB 22-0110 Plumbing Services Page 15 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 6.7.10 Completion of Work 6.7.10.1 Understand and accept that failure of the City to insist on any one or more instances upon performance of any of the terms and conditions of this contract shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the contractor's obligation with respect to such performance shall continue in full force and effect. 6.7.10.2 Acknowledge the importance of time in completion of the work called for under this contract. 6.7.10.3 Agree that all work shall be performed regularly, diligently and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. 6.7.10.4 Acknowledge the full understanding of the extent and character of the work required and conditions surrounding the performance of each job. 6.7,10.6 Agree that the City will not be responsible for any alleged misunderstanding of the work to be furnished or completed or conditions surrounding the performance. It is understood that the signed bid by the contractor serves as a stated commitment to fulfill all the conditions of the bid. 6.7.11 Cost 6.7.11.1 Provide cost estimates to the ordering department. 6.7.11.2 All estimated costs shall be itemized to show labor, material and parts costs. 6.7.11.2.1 Material and parts costs shall be detailed separately. 6.7.11.3 Cost estimates do not have to be exact; however, they should reflect a realistic dollar amount comparable to the work requested. 6.7.12 Invoices and Purchase Order 6.7.12.1 List hourly labor rates in actual time worked on-site to the nearest half hour on all invoices. 6.7.12.2 Include the purchase order(PO) number on all invoices. 6.7.12.3 charge a cost plus mark-up percentage on the bid document for items such as: 6.7.12.3.1 Equipment; 6.7.12.3.2 Parts; 6.7.12.3.3 Fixtures; 6.7.12.3.4 Materials 6.7.12.4 Any delays in service and travel time will not be paid by the City under the terms of the contract. ITB 22-0110 Plumbing Services Page 17 of 61 6.7.13 Licenses and Certifications 6.7.13.1 Possess all applicable licenses and certifications as it pertains to the scope of services for this bid. 6.7.13.2 Provide proof of each Master Plumber's certification or licensure, performing the work for this contract. 6.7.14 Contractor's Employees 6.7.14.1 Provide proof that he/she maintains an adequate number of employees to satisfactory perform scheduled and emergency services 24 hours per day, 365 days per year. j 6.7.14.2 Be skilled, responsible, and who in manner, possess a character which is suitable to a business administering to the type of patronage expected of i a City contractor, 6.7.15 Equipment 6.7.15.1 Provide proof he/she has all the necessary tools, equipment and vehicles to properly provide all plumbing services as it relates to the scope of work for this bid. 6.7.15.2 Have company vehicles which are clearly marked with the company name, 6.7.16 Service Call Hours 6.7.16.1 Perform service requests during the following hours: 6.7.16.1.1 Regular Hours shall be Monday through Friday 7:30 AM— 5:30 PM 6.7.16.1.2 After Hours shall be Monday through Friday 5:30 PM-- 7:30 AM 6.7.16.1.3 Weekend Hours shall be Saturday and Sunday 8:00 AM— 5:00 PM 6.7.16.1.4 Weekend After Hours shall be Saturday and Sunday 8:00 PM-7:30AM ITB 22-0110 Plumbing Services Page 18 of 61 6.7.16.1.5 Holiday Hours shall be all City observed as follows: 6.7.16.1.5.1 New Year's 6.7.16.1.5.2 Martin Luther King 6.7.16.1.5.3 Memorial Day 6.7.16.1.5.4 Juneteenth 6.7.16.1.5.5 July 41h 6.7.16.1.5.6 Labor Day 6.7.16.1.5.7 Thanksgiving Thursday and the following Friday 6.7,16.1.5.8 Christmas 7.0 CITY REQUIREMENTS AND RESERVATIONS 8.1 The City will identify the location, City contact, and description of the service request to the Contractor. 8.2 The City will provide a purchase order number before the commencement of any service. 8.0 LAWS, REGULATIONS, AND ORDINANCES 8.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency(EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality(TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Vendor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 9.0 INVOICING REQUIREMENTS 9.1 The City of Fort Worth has begun implementing an automated invoicing system. 9.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices(o-),fortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 9.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013- 0000001234) 9.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: • All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI (dots per inch). • Invoices must be sent as an attachment(i.e. no invoice in the body of the email). • One invoice per attachment (includes PDFs). Multiple attachments per email is ITB 22-0110 Plumbing Services Page 19 of 61 acceptable but each invoice must be a separate attachment. • Please do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. • The invoice must contain the following information: • Supplier Name and Address; • Remit to Supplier Name and Address, if different; • Applicable City Department business unit#(i.e. FW013) • Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); • Invoice number; • Invoice date; and • Invoices should be submitted after delivery of the goods or services. 9.5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoicesCcDfortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPayableQfortworth texas.gov. 9.6 If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 9.7 If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 The City's goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392- 2451 or by email to ZZ FIN AccountsPa able fortworthtexas. ov. 10.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 11.0 UNIT PRICE ADJUSTMENT 11.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal period but before the effective date of the renewal upon written request from the Vendor. 11.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request. 11.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division will issue a new solicitation. 11.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. ITB 22-0110 Plumbing Services Page 20 of 61 11.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals,the unit prices offered will govern. 11.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid an agreement, not to exceed ninety(90)days.Vendor will be reimbursed for this service at the prior agreement rate(s). Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 11.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. 12.0 INSURANCE REQUIREMENTS—The Contractor shall carry insurance in the types and amounts for the duration of this contract as listed in the draft service agreement,Attachment D to this solicitation, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 13.0 PERFORMANCE- Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall 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 shall continue in full force and effect. 14.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without written permission from the City. 15.0 HAZARDOUS CONDITIONS 15.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 15.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment(PPE)while handling hazardous material. If there are questions regarding how to dispose of materials, the Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 16.0 CONTRACT ADMINISTRATION AND TERMINATION 16.1 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 14 calendar days to cure any deficiency. 16.2 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. 16.3 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. 16.4 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 shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage ITB 22-0110 Plumbing Services Page 21 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 u to the date of termination. p p 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 subreci lent wishes g to enter into § � ) p p 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. 7401-7671q) 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 DEIBARMENT 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 12649, 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 If Page 22 of 61 EXHIBIT B PRICE SCHEDULE Vendor Services Agreement—Exhibit B(Rev.9.07 21) Page 12 of 14 i f i E TflRTWORT m E BID SOLICITATION Event ID Page Invited: PUBLIC EVENT DETAILS f CrW01-22-0110 3 Event Round Version Submit To: City of Fort Worth x FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing xTB Plumbing servi ces 200 Texas St. (Lower Level, South) i Start Time Finish Time Fort Worth TX 76102 04 13 2022 08:00:00 CAT 0s as z0zz 13:30:00 CDT United States Email: FMSPurchasingResporases@fortworthtexas.gov F i r t Line: 1 Description: _�Gty Unit UnitPrice Total MASTER PLUMBER-REGULAR HOURLY RATES(7:30 800.00 HR � AM TO 5:30 PM) Q,aO ��,aaa.aa L9 Line: 2 Descrip-tion: Qtv Unit UnitPrice Total JOURNEYMAN-REGULAR HOURLY RATES (7:30AM 800.00 HR TO 6:30 PM) 90.00 7Z,aaa,�Q r I Line: 3 Description_ Qtv Unit UnitPrice Total HELPER-REGULAR HOURLY RATES (7:30 AM TO 800.00 HR 6:30 PM) 7a.aa 56,oaa.a0 i Llnw 4 Description: Qty Unit UnitPrice Total MASTER PLUMBER-AFTER HOUR RATES(5:30 PM TO 800,00 HR 7:30AM) 135.00 10,800a.00 Line: 5 I Descriptlon_ Qtv Unit UnitPrice Total { JOURNEYMAN-AFTER HOUR RATES 5:30 PM TO 500.00 HR 7:30 AM) 135.00 67,saa.0a Line: 6 Descriptian;____-_ Qtv Unit. UnitPrice Total HELPFR-AFTER HOUR RATES(5:30 PM TO 7:30 460.00 FIR AM) �a5.oa 47,�5a.aa Line: 7 Description: Unit U tPrlce Totai MASTER PLUMBER-WEEKEND REGULAR HOURLY RATES 600.00 HR (8:00 AM TO 5:00 PM) L35,00 8�,000,00 Line; 8 Description; Qtv Unit UnitPrice _ Total JOURNEYMAN-WEEKEND REGULAR HOURLY RATES 600,00 HR (8:00 AM TO 5:00 PM) �a5.00 s�,oaa.aa ITB 22-0110 Plumbing Services Page 3 of 61 FORT WORTH. BID SOLICITATION i j Event ID Page Invited: PUBLIC EVENT DETAILS I CFW01-22-0110 4 >=vent Round version Submit To: City of Fort Worth Event Name I 1 z FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing ITT Pluwbinq sezvi Qes 200 Texas St. Lower Level,South) Start Tlma Finish Time Fort Worth TX�ti102 04 13 2022 06:00:00 CDT 94I28/2022 13;30.00 CDT United States Email: FMSPurchasingResponses@fortworthtexes,gov Lino: 9 Deserl Elon: Qtv Unit UnitPrice Tota HELPER.-WEEKEND REGULAR HOURLY RATES{B:oQ 500.00 HR AM TO 5:00 PM) 9 Q5.00 52,500.00 I# Lino: 10 I DescrI tlo Unit __ Un tPrice Tofal MASTER PLUMBERS-HOLIDAYS REGULAR HOURLY 400.00 HR RATES(8:00 AM TO 5:00 PM) aa.o0 72;000.00 Line; 11 Description: Q Unit Unite ice Total JOURNEYMAN-HOLIDAY REGULAR HOURLY RATES 400.00 HR (8:00 AM TO 5:00 PM) 187400 72,000A0 Line: 12 Dosoription; Qtv Unit UnitPrice HELPER-HOLIDAY REGULAR HOURLY RATES(8:00 700.00 HR Total AM TO 5:00.PM) 140.00 98,000.00 Total Bid Amount: �.25000 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 reGUIt In disqualification of the bid. Markup OVER BIDDER'S COSTS FOR PARTS,MATERIALS AND SUPPLIES 15 — entage Bid to$150,000.00 to Obtain Correct Sum.) Example:$150,000.00 x 1o%=$15,000.00;$160.000+15,000 $165,000 ITB 22-0110 Plumbing Services 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: T-Mcy RuErj Positi U(C P si de i'fi 2. Name. Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Date: Vendor Services Agreement—Exhibit C(Rev.9.07.21) Page 13 of 14 EXHIBIT D INSURANCE Vendor Services Agreement--Exhibit D(Rev.9.07 2t) Page 14 of 14 w Hill Nvvi m ...Send to Pci er Clo e 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 Pour 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. dlb/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. DISCUSSIOly: 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. dlbla 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: JE ML.FINAL SCORE _ A& G Piping, Inc 22.0[::5.]71 12.71 75.86 Romance Services 25.0 6.0 12.7 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 $571,512.50 Romance Services 1$307,737.50 BUSINESS EQUITY - A& G Piping, Inc. and Jackey Ray Dunn, Jr. dlb/a Romance Services are in compliance with the City's Business Equity Ordinance by committing up to 51% Business Equity participation on this project. The City's Business Equity goal on this project is 51%. 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 I 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. BQNII FUND IDENTIFIERS (FID!j.: TO Fund Department Account Project ProgramActivity Budget Reference# (Chartfield Amount ID ID Year 2) FROM Fund Department Account Project ProaramActivity Budget Reference# (Chartfield Amount ID ID b Year 2) CERTIFICATIONS: Submittedjor City Manager's Office b Reginald Zeno (8517) Dana Burgdoff (8018) Originating Department Head: Anthony Rousseau (8338) Chris Harder (5020) Additional Information Contact: Cynthia Garcia (8525) Ashley Kadva (2047) ATTACHMENTS 1, 1.295 22-0110 (CFW)pdf (CFw Internal) 2. 13P ITB 22-0110 PLUMBING SERVI, ES.docx (Public) 3. 13P ITB 22-0110 PLUMBING SER`JICES.xlsx (CFW Intema]) 4. 22-OlO Plumbing Services-Compliance Memo 6.8 22 RZ pdf (CFW Internal) 5. Form IN5 A&G Piping, Inc ITS 22„01 l0.12df (CFW Internal) 6. Purchasing_Goal-Waiver Form QVIN_2021_Signed 4 6,22..GV pdf (CFW Internal) 7. SAMs-A-and-G-Piping-Inc,pdf (CFW Internal) 8. SAMs-Romance-Services.p f (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 .