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HomeMy WebLinkAboutContract 58295-A1CSC No. 58295-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 58295 This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Loomex Industrial Services LLC ("Contractor"), City and Contractor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on October 19, 2022, the Parties entered into City Secretary Contract 58295 (M&C 22-0662) to provide machine shop services and fabrication for the City of Fort Worth Water Department ("Agreement") with an initial term ending October 18, 2023; and WHEREAS, the Agreement has four authorized renewals for the term of October 191h - October 18"' of each subsequent year; and WHEREAS, the Parties wish to amend the Agreement, as renewed, to increase the contract by 25% of the overall amount by $144,375.00 thus increasing the 2022 renewal's contract amount to $433,125.00. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS Section 3, "COMPENSATION" of the Agreement, as renewed and effective with the 2022 agreement is hereby amended to read as follows: City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B. The annual contract amount under this Agreement, per term, shall be the amount up to $433.125.00 ("Contract Amount"). The Contract Amount shall not change in any subsequent renewal period, except as provided in the ITB. Contractor shall not perform and additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. ACCEPTED AND AGREED: CITY OF FORT WORTH: 0G1na Har'g doff By: Dana Burghdoff (Ju 2023 14:19 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: Christopher Flarder (May 31,202309:56CDT) Name: Chris Harder Title: Water Director angn ATTEST: �� F F�Rr,Wo o°°�= ? 0 °aOvo ^=a Oda*ao^°d aan,�X6g4a By: Name: Jannette Goodall Title: City Secretary Loomex Industrial Services LLC: By: Name: V as Bhaskaran Title: Owner Date: 4g /3d / zo Z3 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Shatabya Bergland Title: Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: A By: DBlack (Jun 2, 202312:50 CDT) Name: Douglas Black Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0062 Date: 09/13/2022 1295: 2022-924164 ATTEST: By: Name: Title: Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 09/13/22 M&C FILE NUMBER: M&C 22-0662 LOG NAME: 13P ITB 22-0170 MACHINE SHOP SERVICES AND FABRICATION AW WATER SUBJECT (ALL) Authorize Execution of Non -Exclusive Purchase Agreements with Loomex Industrial Services, LLC and Southwest Industrial Services, Inc. for Machine Shop Services and Fabrication for the Water Department in a Combined Annual Amount Up to $577,500.00 for the Initial Term and Authorize Four, One -Year Renewals for the Same Annual Amount RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive purchase agreements with Loomex Industrial Services, LLC and Southwest Industrial Services, Inc. for machine shop services and fabrication for the Water Department in a combined annual amount up to $577,500.00 for the initial term and authorize four, one-year renewals for the same annual amount. DISCUSSION: The Water Department approached the Purchasing Division for assistance with securing an agreement for machine shop services and fabrication on an as -needed basis. Under the proposed agreement, the Vendor will repair and maintain mechanical equipment for water and wastewater treatment and pumping facilities throughout the City of Fort Worth. Purchasing issued an Invitation to Bid (ITB) that consisted of detailed specifications regarding the requirements for equipment, safety procedures, and testing and quality control of the completed work. The ITB was advertised in the Fort Worth Star -Telegram on July 6, 2022, July 13, 2022, July 20, 2022, and July 27, 2022. The City received two responses. An evaluation panel consisting of representatives from the Water and Property Management 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. Bidders Evaluation Factors a b II c l d Total score Loomex Industrial Services, LLC ��7.88�� 11.50 14.38 40.00 73.75 Southwest Industrial Services, Inc. ��8.63�� 11.50II11.88 26.97 58.97 Best Value Criteria: a. Business's proximity to the address listed b. Contractor's References c. Contractor's ownership of required lathes and personnel's ability to perform services in the timeframe specified d. Cost of service After evaluation, the panel concluded that Loomex Industrial Services, LLC and Southwest Industrial Services, Inc. both present the best value and will provide the necessary coverage for the City. Therefore, the panel recommends that Council authorize agreements with Loomex Industrial Services, LLC and Southwest Industrial Services, Inc.. 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 amount allowed under this agreement for the initial term will be $577,500.00, however the actual amount used will be based on the need of the department and available budget. The annual department allocation for this agreement is: (Department Estimated Annual Amount Account Name Water $550,000.00 5330201 - Other Contractual Services Water $27,500.00 5610109 - Minor Equipment Funding is budgeted in the Other Contractual Services & Minor Equipment accounts of the Water & Sewer Department's Water & Sewer Fund DVIN-BE: A waiver of the goal for Business Equity subcontracting requirement 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 approval, this agreement shall begin upon execution and expire one year from that date. RENEWAL TERMS: This agreement may be renewed for four additional, one-year terms. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund. Prior to any expenditure being incurred, the Water department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517 Dana Burghdoff 8018 Oriainatina Business Unit Head: Anthony Rousseau 8338 Christopher Harder 5020 Additional Information Contact: Cynthia Garcia 8525 Alyssa Wilkerson 8357 DATE (MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 05/05/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT NAME: Susan Schroll ONE Essential Insurance Concepts (PA/C. No. EXtr (469) 647-4020 (A/c. No): (469) 647-4019 2940 N. O'Connor Rd. Suite 120 I E-MAIL ADDRESS: susan@essentialinsuranceconcepts.com ADDRESS: C p I INSURER(S) AFFORDING COVERAGE NAIC # Irving TX 75062 INSURERA: PROGRESSIVE COUNTY MUTUAL INSURANCE C 29203 INSURED INSURER B : HUII & Co, LLC Loomex Industrial Services LLC INSURER C : Texas Mutual 3604 Raider Dr INSURER D : Kinsale Insurance Company I INSURER E : Hurst TX 76053 IINSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP I LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE1:1 OCCUR D Y Y 0100238597-0 05/05/2023 05/05/2024 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECTPRO ❑ LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO A OWNED �/ SCHEDULED 963033617 11/01/2022 11/01/2023 /� AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR HCLAIMS-MADE EXCESS LAB DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE C OFFICER/MEMBER EXCLUDED? ❑ N / A 0002091381 04/14/2023 04/14/2024 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Errors & Omissions B 0100213165-0 11 /01 /2022 11 /01 /2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100 000 PREMISES (Ea occurrence) $ MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) EACH OCCURRENCE $ AGGREGATE $ X STATUTE I ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 Each Claim $1,000,000 Aggregate Limit $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE J r © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD