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Contract 58397
CSC No. 58397 FFO RT WO RT [�:: VENDOR SERVICES AGREEMENT 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,acting by and through its duly authorized Assistant City Manager, and Smith Pump Company Inc ("Vendor"), a state registered and acting by and through its duly authorized representative, each individually referred to as a "party"and collectively referred to as the"parties." 1. Scope of Services. Submersible pumps, service and repairs ("Services"), which are set forth in more detail in Exhibit"A,"attached hereto and incorporated herein for all purposes. 2. Term. The initial term of this Agreement is for 1 year(s),beginning on the date that this Agreement is executed by the City's Assistant City Manager("Effective Date"),unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to 4 automatic one-year renewal option(s)(each a"Renewal Term"). 3. Compensation. 3.1 Total compensation under this Agreement will not exceed One Hundred Fifty Thousand Dollars and Zero Cents($150,000.00). 3.2 City will pay Vendor in accordance with the Prompt Payment Act(Chapter 2251 of the Texas Government Code)and provisions of this Agreement,including Exhibit`B," which is attached hereto and incorporated herein for all purposes. 3.3 Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds have been appropriated. OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY Page 1 of 12 v.1.4(November 30,2021) FT.WORTH,TX 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers,agents and employees, agrees that it will treat all information provided to it by City("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act.In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Riaht to Audit. Vendor agrees that City will,until the expiration of three (3)years after final payment under this Agreement,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and Vendor Services Agreement Page 2 of 12 v.1.4(November 30,2021) not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself,and any of its officers,agents, servants,employees,or contractors. 8. Liability and Indemnification. 8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, INCLUDING, BUT NOT LIMITED TO, 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, REPRESENTATIVES, AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY 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 PERSONAL INJURY,INCLUDING,BUT NOT LIMITED TO,DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPREENTATIVES, SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software or documentation in accordance with this Agreement, it being understood that this agreement to defend,settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement,City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor Services Agreement Page 3 of 12 v.1.4(November 30,2021) Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement.If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise,such use is materially adversely restricted,Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non- infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and documentation with equally suitable,compatible,and functionally equivalent non-infringing software and 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 will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle"will be any vehicle owned,hired and non-owned. Vendor Services Agreement Page 4 of 12 v.1.4(November 30,2021) (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000- Bodily Injury by accident; each accident/occurrence $100,000- Bodily Injury by disease; each employee $500,000- Bodily Injury by disease;policy limit (d) Professional Liability(Errors&Omissions): ❑Applicable ❑N/A $1,000,000- Each Claim Limit $1,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made,and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees,officers,officials,agents,and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium.Notice must be sent to the City in accordance with the notice provision of this Agreement. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. Vendor Services Agreement Page 5 of 12 v.1.4(November 30,2021) (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Smith Pump Company Inc. Attn: Assistant City Manager James Schumacher, Branch Manager 200 Texas Street 4624 Martin Luther King Fwy Fort Worth,TX 76102-6314 Fort Worth,Texas 76119 Facsimile: (817)392-8654 Facsimile: With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. Vendor Services Agreement Page 6 of 12 v.1.4(November 30,2021) 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law/Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. SeverabiH . If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems;restraints or prohibitions by any court,board,department,commission,or agency of the United States or of any States;civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A,B, and C. 22. Amendments/Modifications/Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's Vendor Services Agreement Page 7 of 12 v.1.4(November 30,2021) option, Vendor will either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers,procedures,guides, and documentation that are created,published, displayed, or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended,Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim,lien for balance due,or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel" Vendor Services Agreement Page 8 of 12 v.1.4(November 30,2021) and"company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycottina Enerav Companies. Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and(2) will not boycott energy companies during the term of the contract. The terms"boycott energy company" and"company"have the meaning ascribed to those terms by Chapter 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. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Vendor Services Agreement Page 9 of 12 v.1.4(November 30,2021) IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. City: Vendor: Dgng BuLgHdaff By: Dana Burgh doff ov 7,202217:49 CST) By, Name: Dana Burghdoff Name: Ja s Schumacher Title: Assistant City Manager Title: Bach Manager Date: Date: oZ ' oZa FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all By: Christopher Flarder(Nov 3,202210:45CDT) performance and reporting requirements. Name: Chris Harder Title: Water Department Director By: Approved as to Form and Legality: Name: Shatabya Bergland Title: Contract Compliance Specialist �eF FORT�dO v°moo ep�d By; D$lack(Nov4,202216:34CDT) City Secretary: Name: Doug Black �P°dQ°°° .. d4p nEXASo44 Title: Assistant City Attorney 75- aee" By: J ette S.Goodall(Nov 8,2022 07: ST) Contract Authorization: Name: Jannette Goodall M&C: 22-0746 Title: City Secretary Form 1295: 2022-927617 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 10 of 12 v.1.4(November 30,2021) EXHIBIT A SCOPE OF SERVICES See next page. Vendor Services Agreement Page 11 of 12 v.1.4(November 30,2021) PART—2 SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City)seeks bids to finalize a non-exclusive agreements for service and/or repair wastewater submersible, self-primer, vertical close-coupled pumps, appurtenances, and replacement parts for the Water Department. "Contractor"/"Vendor' shall provide the service and replacement parts and/or equipment 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 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. 1.3 This Agreement shall begin on the date stated in Purchase Order("Effective Date")and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to four (4)one-year renewal periods (October 1 to September 30), unless City or Vendor provides the other party with notice of non-renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor/Vendor. 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 Jul 6, 2022 Pre-Bid Conference July 13, 2022 at 10 AM (Local Time Deadline for Questions July 14, 2022 at 5PM (Local Time Answers Posted I July 19, 2022 Revised 6.9.22. ITB Responses Due Date AT 1:30 p.m. Local Time July 28, 2022 Recommended Vendor Selection Au ust 2022 Mayor and Council Consideration Se tember 2022 Contract Execution Se tember/October 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 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 4.1 The Contractor shall: 4.1.1 Have a minimum of five (5)years of experience conducting services similar or related to the Scope of Services. 4.1.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 5.0 METHOD OF AWARD 5.1 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: 5.1.1 Meets all the requirements listed in Section 5, Part 2. 5.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 5.2 Bids that do not receive 50%or more of the total available points, excluding the points for price, will be deemed non-responsive. 5.3 The following criteria will be used to determine the best value: 5.3.1 Cost of service—up to 40 points 5.3.2 Contractor's Qualifications, Experience, and References—up to 30 points 5.3.3 Availability of resources to provide services(personnel)—up to 10 points 5.3.4 Contractor's approach to performing services—up to 20 points 5.4 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. 5.5 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. Revised 6.9.22. 5.6 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. 5.7 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. 5.8 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. 5.9 If Attachment C, Local Preference, is completed by any Bidder, the City will review the Attachment to determine whether Local preference will apply to the award. 6.0 CONTRACTOR RESPONSIBILITIES—Contractor shall 6.1 Provide proof that they are authorized to sell and repair the brand of pumps included on the Bid Solicitation. 6.2 Provide a single point of contact(SPOC)and respond to calls, voicemails and emails within one (1) hour during normal business hours (Monday-Friday, 7:OOam-4:OOpm)once contract has been awarded and fully executed. 6.3 Be experienced in the startup, commissioning, repairs, troubleshooting, engineering, and sizing, and overall knowledge of the pumps they manufacture or represent. 6.4 Provide a list of staff that will be providing startup, commissioning, troubleshooting, and repairs. Include the number of years performing these services, and any licenses or certifications they may have. 6.5 Be responsible for meeting all federal, state, and local requirements related to workplace safety. 6.6 Provide their staff with all personal protective equipment associated with the job requirements. 6.7 Provide a field service representative for pump installation and start-up or troubleshooting, upon request. 6.8 Set prices for labor hours and equipment at the Vaughen's list price plus a percent discount. Any parts or services that are not on the Vaughen's list shall be provided at the manufacturer's price plus a percent markup 6.9 Maintain a written record of all work activities and equipment provided to the City during the lifetime of this contract. When called upon, the Contractor shall provide maintenance and repair records to the City. 6.10 Provide one (1)electronic and two(2) hard copies of shop drawings, startup reports, and Operation and Maintenance (O&M) manuals for new equipment provided under this contract. 6.11 Be expected to properly size new or replacement parts or equipment, based on information provided by the City on operational parameters. Should the sizing not be performed properly based on the information provided by the City, Contractor shall be responsible for the replacement or upgrade. Revised 6.9.22. 6.12 Provide a quote for repairs before proceeding with repair work. 6.12.1 If repair costs exceed the cost of a new pump, the City should be notified and sent a quote for a new pump. 6.12.2 All repairs must meet or exceed the manufacturer's original specifications and comply with appropriate hydraulic institute standards. 6.13 Submit a scope of work within 48 hours of receiving the pump at the Contractor's repair facility. 6.13.1 The scope of work should include the work to be performed with pictures detailing the current condition of the pump with pictures; the expected repair time; and the estimated cost to make the repairs. The work shall only proceed upon written approval from the City. 7.0 HOURS AND UNIT PRICES 7.1 Due to the wide range of work to be performed with this agreement, compensation to the Contractor shall be broken into regularly hourly, overtime and weekend/holiday rates with regular time being defined as Monday through Friday, 7:OOam to 4:OOpm and overtime being defined as any time outside of those times, including weekends and holidays. The unit price for hourly rates shall be full compensation for all salaries, benefits, transportation costs, overhead and profits. No additional compensation will be provided for tools, testing equipment, or software necessary to perform the work 8.0 SUBMERSIBLE PUMPS GENERAL REQUIREMENTS 8.1 The City owns and maintains an extensive inventory of varied manufacturer brands and models of submersible, self-primer and vertical close coupled pumps at water plants, wastewater plants and wastewater lift stations located throughout the City Manufacturer Model ABS AFP 1049 Cornell 4414T Fairbanks-Morse 5433B Fairbanks-Morse D5433MV Fairbanks-Morse D5434MV Hydromatic S4HRC Hydromatic WX KSB KRT F 80-250 KSB KRTF100-250 KSB KRT K100-400 KSB KRT K150-315 KSB KRT K150-403 Revised 6.9.22. KSB KRT K200-503 Liberty LGV153A Sulzer XFPD100E Vanton SG-PVC300 8.2 All work, equipment, and materials shall be in accordance with the following applicable codes and standards 8.2.1 National Electrical Manufacturer's Association (NEMA) 8.2.2 American Society for Testing and Materials(ASTM) 8.2.3 American Water Works Association (AWWA) E103.15 8.2.4 Underwriters Laboratories(UL) 8.2.5 Hydraulics Institute (HI) 8.3 All inspections,tests and troubleshooting shall utilize manufacturers' instruction manuals applicable to each particular component and Hydraulic Institute standards. 8.4 The City shall supply equipment shop drawings, O&M manuals, engineering drawings and specifications, and any additional equipment and/or system information that would be helpful to the Contractor prior to field investigation or troubleshooting. 8.5 At the equipment commissioning, the Contractor shall be responsible for implementing all final settings and adjustments on equipment provided, with input from the City on the operational parameters. 8.6 Contractor shall coordinate with City staff to de-energize equipment prior to initiating field work activities. 9.0 DELIVERY REQUIREMENTS 9.1 The City will provide the successful Contractors with point of contact names and numbers for Plant facilities 9.2 Deliveries will be made to the various facilities throughout the term of the contract. Facility Address 4500 Wilma Lane Village Creek Treatment Plant Arlington, TX 76012 2500 SE Loop 820 Rolling Hills Water Treatment Plant Fort Worth, TX 76140 6801 Bowman Roberts Rd Eagle Mountain Treatment Plant Fort Worth, TX 76179 1500 11 t'Ave North/South Holly Treatment Plant Fort Worth, TX 76102 12200 Old Weatherford Rd Westside Treatment Plant Aledo, TX 76008 9.3 Equipment requiring shop work shall be picked up and delivered by the Contractor unless otherwise requested by the City. Pickup and delivery of equipment shall be billed as shop Revised 6.9.22. service repair hours. The time shall start when the Contractor picks up equipment and continues until the Contractor returns to their facility to perform repairs. 9.4 All deliveries to be scheduled at least 24 hours prior to arrival to ensure adequate lifting devices are available on the plant site. 9.5 Delivery schedule for all Plants shall be between the hours of 6:30am and 3:OOpm only, Monday through Friday, unless otherwise arranged by a plant superintendent. 10.0 WARRANTY 10.1 All parts installed under this contract shall carry a minimum allowable manufacturer warranty period for up to one year. Warranties shall be effective on the date the parts are accepted by the City. 10.2 No repair or service work provided on any existing equipment shall void the existing warranty on the equipment. 10.3 Contractor warrants and guarantees that all items shall be in good working order from the time items are placed into service. Items shall be free of defects by design, materials, and workmanship for a period of not less than two years. Should equipment fail during the warranty period, it shall be repaired/replaced at no expense to the City. 11.0 LAWS, REGULATIONS,AND ORDINANCES 11.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances, and regulations; State: laws, ordinances, 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. 12.0 INVOICING REQUIREMENTS 12.1 The City of Fort Worth has begun implementing an automated invoicing system. 12.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices(@-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. 12.3 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) 12.4 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 acceptable but each invoice must be a separate attachment. Revised 6.9.22. • 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. 12.5 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 sugglierinvoices(a-fortworthtexas.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 AccountsPavable(d-)fortworthtexas.gov. 12.6 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. 12.7 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 AccountsPavable(a-fortworthtexas.gov. 12.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request 13.0 UNIT PRICE ADJUSTMENT 13.1 Vendor may request a Price Adjustment based on Price Adjustment Verification up to one time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or downward, from the established contract price that is supported by demonstrated Price Adjustment Justification.A request for a Price Adjustment must be initiated by the Vendor. Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the sole discretion of the City to determine whether an adjustment is necessary and/or acceptable. 13.2 Quarterly means the City's Fiscal year quarters, being each of the three(3) month periods the first of which begins October 1. Quarter(Q) 1: October 1 —December 31; Q2: Jan 1 — March 31; Q3P: April 1 —June 30; Q4: July 1 —September 30. 13.3 Price Adjustment Justification means documentation supporting a requested Price Adjustment and showing an objectively verifiable basis for a change in price due to the documented impact of economic conditions on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or Revised 6.9.22. updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. 13.4 The Vendor must submit its Price Adjustment request, in writing, at least 60 days before the effective period (1st day of a new quarter). The Vendor must provide all Price Adjustment Justification, as defined above, at the time of its request for a Price Adjustment. 13.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price Adjustment Justification, the City reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 13.6 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. 13.7 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. 13.8 Delivery of goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the Purchasing Manager. 13.9 Only Published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence. 14.0 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 E to this solicitation, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 15.0 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. 16.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without written permission from the City. 17.0 HAZARDOUS CONDITIONS 17.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 17.2 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. 14.0 CONTRACT ADMINISTRATION AND TERMINATION 14.1 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 Revised 6.9.22. discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 14.2 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. 14.3 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. 14.4 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 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. 15.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 15.1 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. 16.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 16.1 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). 17.0 DEBARMENT AND SUSPENSION 17.1 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. 18.0 BYRD ANTI-LOBBYING AMENDMENT(31 U.S.C. 1352) 18.1 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 Revised 6.9.22. 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. 18.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their bid, if the bid exceeds$100,000.00. Revised 6.9.22. EXHIBIT B PAYMENT SCHEDULE See next page. Vendor Services Agreement Page 12 of 12 v.1.4(November 30,2021) FORT WORTH© BID SOLICITATION Event ID Page Invited: EVENT DETAILS CFW01-22-0175 4 Event Round Version 1 1 Event Name ITB Submersible Pumps Service and Repairs Submit To: City of Fort Worth Start Time Finish Time FINANCIAL MANAGEMENT SERVICES 07/06/2022 07:00:00 CDT 07/28/2022 13:30:00 CDT FINANCE-Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qty Unit UnitPrice Total Field Service Repair Regular Hours,M-F, 80.00 HR 7:00am to 4:00pm,Hourly Rate $135.00 $10,800.00 Line: 2 Description: Qty Unit UnitPrice Total Field Service Repair Overtime Hours,M-F, 40.00 HR 4:01 pm to 6:59am,Hourly Rate $202.00 $8,080.00 Line: 3 Description: Qty Unit UnitPrice Total Shop Service Repair Regular Hours,M-F, 400.00 HR 7:00am to 4:00pm,Hourly Rate $115.00 $46,000.00 Line: 4 Description: Qty Unit UnitPrice Total Shop Service Repair Overtime Hours,M-F, 40.00 HR 4:01 pm to 6:59am,Hourly Rate $172.00 $6,880.00 Total Bid Amount: $71,760.00 Items not listed above will be offered at a discount of 0 % (All parts and replacement parts may be added on an as needed basis throughout the life of the agreement, therefore,the bidder shall submit a price list for all available items with their bid submittal.) A bid of"0"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 this bid. ITB 22-0175 Submersible Pumps Service and Repair 2 Page 3 of 30 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, September 27, 2022 REFERENCE NO.: **M&C 22-0746 LOG NAME: 13P ITB 22-0175 SUBMERSIBLE PUMPS SERVICE AND REPAIRS HO WATER SUBJECT: (ALL)Authorize Execution of Non-Exclusive Agreements with FCX Performance Inc. dba Pierce Pump, Smith Pump Company, and Zone Industries dba Precision Pump Systems for Submersible Pumps Service and Repair in a Combined Annual Amount Up to$450,000.00 for the Water Department and Authorize Four One-Year Renewal Options for the Same Annual Amount RECOMMENDATION: It is recommended that the City Council authorize non-exclusive agreements with FCX Performance Inc. dba Pierce Pump, Smith Pump Company, and Zone Industries dba Precision Pump Systems for submersible pumps service and repair in a combined annual amount up to$450,000.00 for the Water Department and authorize four one-year renewal options for the same annual amount. DISCUSSION: The Water Department approached the Purchasing Division for assistance with securing an agreement for submersible pumps service and repairs on an as-needed basis. Under the proposed agreement, the Vendor will provide repair services on the Water Department's submersible pumps used in the water and wastewater treatment processes. Purchasing issued an Invitation to Bid (ITB)that consisted of detailed specifications for the submersible pumps the City utilizes and the requirements to provide repair services. ITB 22-0175 was advertised in the Fort Worth Star-Telegram for four consecutive Wednesdays beginning on July 6, 2022, through July 27, 2022. The City received four responses. However, upon evaluation, Odessa Pumps & Equipment did not score at least 50\% or more of the total available points for technical criteria and, therefore, were not qualified to receive pricing points. An evaluation panel consisting of representatives from Water and Transportation and Public Works Departments reviewed and scored the submittals using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. ProposerI Evaluation Factors a0® c0. Fd Total Score Rank Zone Industries dba Precision 5.25 5.00 5.00 5.00 11.00 40.00 71.25 1 Pump Systems Smith Pump 5.50 5.00 5.25 5.25 11.00 27.62 59.62 2Company FCX Performance Inc. dba Pierce 5.00 5.00 5.00 4.50 11.00 16.50 47.00 3 Pump Bidder did not meet Odessa technical http://apps.cfwnet.org/ecouncil/printtnc.asp?id=30298&print—true&DocType=Print 9/28/2022 Pumps & points; Equipment 5.00 5.00 5.00 5.00 9.00 X therefore, cost X was not evaluated. Best Value Criteria a. Contractors qualifications b. Contractors experience c. Contractors references d. Availability of resources to provide services e. Contractors approach to performing services f. Price After evaluation, the panel concluded that FCX Performance Inc. dba Pierce Pump, Smith Pump Company, and Zone Industries dba Precision Pump Systems present the best value and will provide the necessary coverage for the City. Therefore, the panel recommends that Council authorize agreements with FCX Performance Inc. dba Pierce Pump, Smith Pump Company, and Zone Industries dba Precision Pump Systems. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendors' bids met specifications. Funding: The maximum combined annual amount allowed under this agreement will be $450,000.00, 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. DVIN-BE:A waiver of the goal for Business Equity subcontracting requirements is approved by the DVIN- BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. Agreement Terms: Upon City Council's approval, this agreement shall begin upon execution and expire one year from that date. Renewal Terms: The Agreement may be renewed for four one-year renewal options for the same annual amount. The renewals do not require specific City Council approval as long as sufficient funds have been appropriated. 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�Activity Budget Reference# mount ID , ID I Year (Chartfield 2) FROM Fund Department ccount Project Program ctivity Budget Reference# mount ID ID Year (Chartfield 2) http://apps.cfwnet.org/ecouncil/printtnc.asp?id=30298&print—true&DocType=Print 9/28/2022 CERTIFICATIONS: Reginald Zeno (8517) Submitted for City Manager's Office by: Dana Burghdoff (8018) Anthony Rousseau (8338) Originating Department Head: Chris Harder (5020) Cynthia Garcia (8525) Additional Information Contact: Heather Oakes (8354) ATTACHMENTS 1. 131TB 22-0175 SUBMERSIBLE PUMPS SERVICE AND REPAIRS.docx (CFW Internal) 2. 22-0175_Waiver SubmersiblePumps 6-21-2022 (RZ).pdf (CFW Internal) 3. FID TABLE - Submersible Pumps.xlsx (CFW Internal) 4. Form 1295-FCX Performance dba Pierce Pump.pdf (CFW Internal) 5. Form 1295-Smith Pump Company. Inc..pdf (CFW Internal) 6. Form 1295-Zone Industries dba Precision Pump Systems.pdf (CFW Internal) 7. SAM - Pierce Pump 08.26.22.pdf (CFW Internal) 8. SAM - Precision Pump 08.26.22.pdf (CFW Internal) 9. SAM - Smith Pump Company 08.26.22.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printtnc.asp?id=30298&print—true&DocType=Print 9/28/2022