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HomeMy WebLinkAboutContract 58547 CSC No. 58547 FO RT WO RT H 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 Underwater COnstruction Corporation, Incorporated ("Vendor"), a state registered company 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.Raw water intake structures inspection,parts,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 one-year renewal option(s)(each a "Renewal Term"). 3. Compensation. 3.1 Total compensation under this Agreement will not exceed ONE HUNDRED THOUSAND Dollars and ZERO CENTS($100,000.00). 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 Underwater COnstruction Corporation,Incorporated Attn: Assistant City Manager Brandon Wheeler, Regional Manager 6529 200 Texas Street unningham Road, Ste 2303 Houston,TX 77041 Fort Worth,TX 76102-6314Facsimile: Facsimile: (817)392-8654 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: By: Dana Burghdoff(D 6,2022 1:34 CST) By: Name: Dana Burghdoff Name: Brandon Wheeler Title: Assistant City Manager Title: Regional Manager Date: Date: October 18, 2022 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 Hard (Dec 1,202213:25 CST) performance and reporting requirements. Name: Chris Harder Title: Water Department Director s �a By: Approved as to Form and Legality: Name: Shatabya Bergland Title: Contract Compliance Specialist gd44n�p�� 0000r WA Poo 000.0 By; D$1ack(D'ec5,202215:56CST) City Secretary: o�~ Name: Doug Black °%° o 0 Title: Assistant City Attorney �� °°°°°°°°° a aa�nexp5aaa �a�uzslEfse-S. C�oor�aCG By: Jannette S.Goodall(Dec 7,202207:59 CST) Contract Authorization: Name: Jannette Goodall M&C: N/A Title: City Secretary Form 1295: N/A 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 an annual agreement for raw water intake structures inspection, repairs and repair parts for the Water Department on an "as needed" basis. Prospective 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 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)and for a fifth renewal period which shall expire on completion of total five-year duration, unless City or Contractor 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. 1.3 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. 1.4 There shall be no minimum dollar amount for work requested. 1.5 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. 1.6 Any specifications/requirements 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 Au ust 30, 2022 Deadline for Questions Se tember 5, 2022 at 1:OOPM Local Time Answers Posted Se tember 8, 2022 ITB Responses Due Date September 15, 2022 AT 1:30 p.m. (Local Time Recommended Vendor Selection Se tember, 2022 Mayor and Council Consideration October, 2022 Contract Execution October, 2022 ITB 22-0210 Raw Water Intake Inspection and Repairs Page 10 of 27 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 3.1 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 requirements listed in Part 2, Section 5.0. 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 30 points 4.3.2 Contractor's qualifications, experience and references—up to 35 points 4.3.3 Availability of resources (equipment, personnel)- up to 20 points. 4.3.4 Ability of Contractor to meet the City's needs—up to 15 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. 4.7 If Attachment B, Consideration of Location of Bidder's Principal Place of Business, is completed by any Bidder, the City will review the Attachment to determine whether Local Preference will apply to the award. ITB 22-0210 Raw Water Intake Inspection and Repairs Page 11 of 27 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 The Contractor shall: 5.1.1 Have a minimum of two(2)years of experience conducting services similar or related to the Scope of Services/Specifications. 5.1.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone from 8:00am —5:00pm, Monday- Friday. 6.0 DEFINITIONS 6.1 Contract Manager- City of Fort Worth employee assigned to manage the compliance, oversight and/or administration of the contract or project for their department of employment. 6.2 Designee-a City of Fort Worth employee assigned by the Department Contract Manager to assist with the compliance, oversight and/or administration of the contract or Project. 7.0 BACKGROUND 7.1.1 General 7.1.1.1 Zebra Mussels, an invasive species of fresh water mollusk, have migrated into both Eagle Mountain Lake and Lake Worth. The City Water Department desires to perform annual underwater inspections of the raw water intakes at both Lake Worth and Eagle Mountain Lake to determine the level of infestation. This specification describes the work to inspect two raw water intakes at Lake Worth and the three raw water intakes at Eagle Mountain Lake, mechanically or hydraulically clean screens where zebra mussels have attached (if authorized), perform minor repairs (if authorized), and provide a full report and video documentation of both the inspection as well as the cleaning activities. 7.1.2 Eagle Mountain Lake Raw Water Intakes 7.1.2.1 Eagle Mountain Lake has a normal pool water surface elevation of 649.0', a record low elevation of 629.0', and a flood pool elevation of 657'. There are three raw water intakes utilized by the City Water Department at Eagle Mountain Lake, all in very close proximity to one another. Two intakes were constructed in 1990-1991 with a steel superstructure resting on piles, 54"diameter flared pipe intakes set at elevations of 628.0' and 640.0', and screens set above the pipe intake to prevent trash and debris from entry into the intake piping.A third intake was constructed in 2007 on a concrete foundation with a flared pipe inlet elevation of 628.08'. The steel superstructure supports the intake pipe and the inlet screens. Details of the inlet screens, piping, and steel superstructure are shown in the drawings that are included with these bid documents as Exhibit A. 7.1.3 Lake Worth Raw Water Intake ITB 22-0210 Raw Water Intake Inspection and Repairs Page 12 of 27 7.1.3.1 Lake Worth has a normal pool elevation of 594.0', a record low elevation of 588.5' (1953), and a flood pool elevation of 597'. One raw water intake was installed with the initial Lake Worth dam construction in 1914, while the newer raw water intake was constructed in 1949. Drawings are available for the newer raw water intake, attached to this specification as Attachment A. The raw water intakes are also shown on an aerial plan view in Attachment A, which shows the nearest vehicular access to the raw water intakes. The intake constructed in 1949 consists of a reinforced concrete structure with submerged opening approximately 14'wide by 6'tall, with rails placed over the opening acting as screens. A grated overflow approximately 14'-8" long by 5'4"wide is located on top of the structure at an elevation of 602.0. 8.0 GENERAL REQUIREMENTS 8.1 It is anticipated that the raw water intakes will be inspected and cleaned on an annual basis. 8.2 Safety And Regulatory 8.2.1 The Contractor shall comply with all applicable guidelines and regulations specified by the Environmental Protection Agency(EPA), OSHA, the Texas Commission on Environmental Quality(TCEQ), and ADCI, in addition to any other applicable federal, state, and local rules and regulations. The Contractor shall be required to prepare and submit a work plan with detailed work schedule and equipment listing, incorporating safety measures in accordance with the company's safety policies, to the City Water Department prior to initiating any work activities. The Company's safety policies and procedures manual shall be available for review if requested. 8.3 Inspection: The inspection shall focus on condition of the structural steel, intake screens, and fasteners and connectors, quantification of the level of zebra mussel infestation, and documentation of silt levels and elevations. The City shall provide one (1)staff field representative to be on site during the work. The staff member will escort the Contractor to and from the work site, operate valves and equipment as necessary, and act as a field liaison between the Contractor and Water Department staff. The field representative will also coordinate with Water Plant Operations to shut down any water flow into the raw water intakes prior to and during any inspection or cleaning activities. 8.4 Inspection Report Requirements: Contractor shall provide narrated digital video documentation in USB drive electronic format to the City. A written inspection report shall be provided listing any coating deficiencies, structural steel corrosion, missing structural steel fasteners or connectors, and siltation of the structure(quantified in terms of elevation), and any repair or rehabilitation recommendations. The inspection report shall assess the level of zebra mussel infestation, and offer cleaning recommendations. 8.5 Mechanical Cleaning Procedures: Contractor shall provide the recommended zebra mussel mechanical cleaning methodology as part of their inspection report, along with an estimated cost for the cleaning activities. If authorized, the Contractor shall perform the work as outlined in the inspection report. Payment shall be based on daily rate for underwater mechanical cleaning eight(8) hour day). Contractor shall follow up the cleaning activities with a video inspection documenting the mechanical cleaning effectiveness. 8.6 Hydraulic Cleaning Procedures: Contractor shall provide the recommended zebra mussel hydraulic cleaning methodology as part of the inspection report, along with an estimated cost for the cleaning activities. If authorized, the Contractor shall perform the work as outlines in the inspection report. Payment shall be based on the daily rate for underwater ITB 22-0210 Raw Water Intake Inspection and Repairs Page 13 of 27 hydraulic cleaning eight(8) hour day). Contractor shall follow up the cleaning activities with a video inspection documenting the hydraulic cleaning effectiveness. 8.7 Minor Repairs: As part of the inspection report, Contractor shall make recommendations for minor structural repairs, to include repairs to screens, fastener adjustments or replacements, or coating repairs, along with an anticipated cost. If authorized, Contractor shall proceed with the underwater repairs. Payment shall be based on daily rate for underwater intake repairs eight(8) hour day). Equipment rental and/or materials associated with these repairs shall be compensated at contractor cost plus markup. 8.8 Repair Authorization- Prior to making any repairs which are outside of routine maintenance,the Contractor shall provide,as part of the inspection report, materials and/or equipment needed and an estimate of the total costs involved and receive written approval from the Water Department to proceed with the repairs. 8.9 Other Requirements 8.9.1 The Contractor shall mobilize equipment within one month (30 calendar days)after receiving a notice to proceed from the City. Contractor shall provide a schedule for the work prior to mobilizing to the site, as work will need to be coordinated with the water plant operation. 8.9.2 Normal work hours are 7:OOAM to 5:00 PM, Monday through Friday. Deviations from these work hours need to be submitted by the Contractor in advance to the City for approval. 8.9.3 Vendor shall not perform Service orders on City observed holidays: 8.9.3.1 New Year's Day 8.9.3.2 Martin Luther King, Jr. Day 8.9.3.3 Memorial Day 8.9.3.4 Juneteenth 8.9.3.5 Independence Day 8.9.3.6 Labor Day 8.9.3.7 Thanksgiving Day 8.9.3.8 Day after Thanksgiving 8.9.3.9 Christmas Day 9.0 LAWS, REGULATIONS, AND ORDINANCES 9.1 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 ITB 22-0210 Raw Water Intake Inspection and Repairs Page 14 of 27 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. 10.0 INVOICING REQUIREMENTS 10.1 The City of Fort Worth has begun implementing an automated invoicing system. 10.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices(aD-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. 10.3 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) 10.4 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. • 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. 10.5 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 supplierinvoices(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 AccountsPayable(a-fortworthtexas.gov. 10.6 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. 10.7 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- ITB 22-0210 Raw Water Intake Inspection and Repairs Page 15 of 27 2451 or by email to ZZ FIN AccountsPayable(aD-fortworthtexas.gov. 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 PERFORMANCE 11.1 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement 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. 13.0 SUBCONTRACTING 12.1 No subcontracting of the work under this contract will be allowed without written permission from the City. 14.0 HAZARDOUS CONDITIONS 14.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 15.0 CONTRACT ADMINISTRATION AND TERMINATION 15.1 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. 15.2 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. 15.3 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. 15.4 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. 16.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 16.1 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 ITB 22-0210 Raw Water Intake Inspection and Repairs Page 16 of 27 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. 17.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 17.1 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). 18.0 DEBARMENT AND SUSPENSION 18.1 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. 19.0 BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) 19.1 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. 19.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their bid, if the bid exceeds$100,000.00. 20.0 INSURANCE REQUIREMENTS 20.1 The Contractor shall carry insurance in the types and amounts for the duration of this contract as listed in the draft service agreement,Attachment F to this solicitation, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 20.1 RIGHT TO AUDIT 20.1.1 Vendor agrees that City shall, until the expiration of three (3)years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. ITB 22-0210 Raw Water Intake Inspection and Repairs Page 17 of 27 21.0 UNIT PRICE ADJUSTMENT 21.1 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. Prices bid must include all associated freight and delivery costs, must reflect any planned year-over-year or other increases during the initial term or any renewal, and will remain firm for the full term of the agreement, unless the City agrees to a Price Adjustment as provided by these terms. 21.2 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. Vendor may request a Price Adjustment based on Price Adjustment Verification up to one time quarterly. 21.3 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 updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. 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 make a lesser Price Adjustment, 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. 21.4 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. ITB 22-0210 Raw Water Intake Inspection and Repairs Page 18 of 27 EXHIBIT B PAYMENT SCHEDULE See next page. Vendor Services Agreement Page 12 of 12 v.1.4(November 30,2021) FORTWORTH BID SOLICITATION Event ID Page Invited: EVENT DETAILS CFW01-22-0210 _ 3 Event Round Version Submit To: City of Fort Worth 1 I _ FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing ITB Raw Water Intake Inspection and Repairs _ 200 Texas St. (Lower Level, South) Start Time Finish Time Fort Worth TX 76102 08 30 2022 08:00:00 CDT 09 08 2022 13:30r00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description,_..._._._ Qty Unit UnitPrice Total Annual Mobilization Charge per inspection,cleaning or repair. 1,00 EA $2,314.00 $2,314.00 Line: 2 i L. - - Description: Qty Unit UnitPrice Total Annual inspection of three raw water intakes at Eagle Mountain 1.00 EA Lake,price includes personnel costs,tools,equipment,and full $ 28400 $3,284.00 written report and video documentation Line: 3 Description: city Unit UnitPrice Total Annual inspection of two raw water intakes at Lake Worth,price 1.00 EA _ includes personnel costs,tools,equipment,and full written $3,284.00 $3.284.00 report and video documentation Line: 4 Description: Qty Unit UnitPrice Total Follow Up Re-Mobilization Charge Lump sum cost to re-mobilize 4.00 EA to either Lake Worth or Eagle Mountain Lake for follow up $3,465.00 $13,860.00 cleaning and repairs to the intakes and intake structures Line: 5 Description: Qty Unit _ UnitPrice Total _ Mechanical cleaning of raw water intakes and screens,labor per 10.00 DA i day,diver and support crew,includes tools necessary for $3.307.00 $33,070.00 , mechanical cleaning. Include post cleaning video inspection to document results of mechanical cleaning Line: 6 Description: _ Qty Unit UnitPrice Total Hydraulic cleaning of raw water intakes,labor per day,diver and 5.00 DA support crew,includes hydraulic equipment and hoses necessary $3.307.00 $16,535.00 for hydraulic cleaning.Include past cleaning video inspection to document results ofhydraulic cleaning Line: 7 Description;_ qty Unit UnitPrice __ _ Total Repairs to raw water intakes,labor per day,diver and support 5.00 DA crew,may consist of coating repairs,structural connection repairs L $3,307.00 $16,535,00 or adjustments,and screening repairs. —-' Line: 8 Description Qty Unit Unit Price Total Intake cleaning,repairs or rehabilitation equipment support, 10,000 EA equipment rentals,or cost of materials utilized,cost plus 10 % $10,000.00 $11,000.00 1 percentage markup.The quantity listed is estimated annual cost. The total to be listed on this line item for example;$10,000 $2,000(20%markup)=$12,000." Total Bid Amount: $gg 994.00 A bid of"0"(zero)will be interpreted by the City as a no-charge(free)item and the City will not expect to pay for that item.A bid of"no bid"or no response(space left blank)will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised,a"no bid"or no response may be considered as non-responsive and may result in disqualification of the bid. ITB 22-0210 Raw Water Intake Inspection and Repairs Page 3 of 27