HomeMy WebLinkAboutContract 61191CSC No. 61191
FORT WORTH,
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, and
Restoration Specialist, LLC ("Vendor"), each individually referred to as a "party" and collectively referred
to as the "parties."
1. Scone of Services. Vendor shall provide residential water damage mitigation including the
requirements for item moving, water extraction, drying, dehumidification, clean up, sanitizing and
restoration ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated
herein for all purposes.
2. Term. This Agreement begins on February 27, 2024 ("Effective Date") and expires on
February 26, 2025 ("Expiration 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 four (4) one-year renewal option(s) (each a "Renewal Term").
3. Comnensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed Three Hundred Thousand Dollars ($300,000.00).
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.
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
OFFICIAL RECORD
Vendor Services Agreement
7/19/2023 CITY SECRETARY page 1 of 12
FT. WORTH, TX
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. RiEht 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. Indenendent 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
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
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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, contractors, or contractors.
Liabilitv and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING 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, 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 and/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 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
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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/or documentation with equally suitable,
compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Assignment and Subcontracting.
9.1 Assi2mmnent. 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.
(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
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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):
$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 Reauirements
(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
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(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.
(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.
I I . Compliance with Laws, Ordinances, Rules and ReLFulations. 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
Vendor Services Agreement Page 5 of 12
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:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
WCfT�lsON
Restoration Specialist, LLC
Atten: Sheri DeMattia, CEO
4808 Simonton Rd.
Dallas, Texas 75244
Facsimile:
14. Solicitation of Emulovees. 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.
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
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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. Severability. 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 Maieure. 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 Parry'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
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. Immiuration Nationalitv 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
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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 Authoritv. 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 Companv 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 Bovcott 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"
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 Bovcotting Energv 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),
Vendor Services Agreement Page 8 of 12
the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more
full-time employees) unless the contract contains a written verification from the company that it: (1) does
not boycott energy companies; and (2) will not boycott energy companies during the term of the contract.
The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during
the term of this Agreement.
31. Prohibition on Discrimination ALainst Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods
or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of
the City, with a company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the
term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm
entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the
Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that
Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
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
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
'F"- .4a —
By:
Name: Fernando Costa
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By:
Christopher Nadler (Mar 21, 202417:33 CDT)
Name: Chris Harder
Title: Water Director
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Restoration Specialist, LLC
By:
" ►'y�4--�
Name: Sheri DeMattia
Title: CEO
Date: March 12 12024
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.
By:
Name: Regina Jones
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
4/
By:
Douglas Black (Mar 28, 2024 00:15 CDT)
Name: Doug Black
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0146
Form 1295: 101154506
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
Vendor Services Agreement
7/19/2023 Page 11 of 12
PART — 2
PURCHASING SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to finalize a non-exclusive agreement for water
damage mitigation for the Water Department on an "as needed" basis. Prospective
responding bidders should ensure they download all attachments for complete responses
and understanding of the agreement the City intends to award from this solicitation. The
successful bidder(s), known hereafter as "Contractor'T'Contractor."
1.2 The quantities listed on the price submittal 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 All items supplied resulting from this bid shall be of recent production, unused, and suitable
for their intended purpose.
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.
ITB 24-0006 Water Damage Mitigation
Page 13 of 34
2.0 TENTATIVE SCHEDULE OF EVENTS
TASK
ITB Release Date
Pre -Bid Conference
Deadline for Questions
Answers Posted
ITB Response Due Date AT 1:30 p.m. (Local Time)
Recommended Contractor Selection
Mayor and Council Consideration
Contract Execution
DATE
November 15, 2023
November 30, 2023 2:30 PM (Local Time)
December 5, 2023 5:00 PM (Local Time)
December 11, 2023
January 11, 2024
January 2024
March 2024
March 2024
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The Contractor shall notify the City's Senior
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.
4.1.3 Contractor shall be capable of providing Water Damage Mitigation Services at any
time, on every day, including all holidays recognized by the City.
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 4.0, 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.
ITB 24-0006 Water Damage Mitigation
Page 14 of 34
5.3 The following criteria will be used to determine the best value:
5.3.1 Cost of service — up to 35 points
5.3.1.1 Will be evaluated using: Price Submittal
5.3.2 Contractor's Qualifications and Experience — up to 20 points
5.3.2.1 Will be evaluated using: Attachment D — Bidder Qualification
Questionnaire, Attachment C — Reference Sheet, and feedback provided
by references
5.3.3 Availability of resources to provide services (equipment and personnel) — up to 30
points
5.3.3.1 Will be evaluated using: Attachment D — Bidder Qualification Questionnaire
5.3.4 Contractor's time to respond to service requests — up to 15 points
5.3.4.1 Will be evaluated using: Attachment D — Bidder Qualification Questionnaire
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.
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 Contractor 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.
ITB 24-0006 Water Damage Mitigation
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6.0 CONTRACTOR RESPONSIBILITIES
6.1 The Contractor shall provide water damage mitigation services to the City on an "as
needed" basis to prevent further damage to residents' property when a main water or
sewage line breaks. be responsible for familiarizing themselves with the character, quality
and quantity of work to be performed, materials required and equipment required.
6.2 The Contractor shall be responsible for familiarizing themselves with the character, quality
and quantity of work to be performed, materials required and equipment required.
6.3 The Contractor shall be able to provide proof of all applicable licenses and certifications for
services.
6.4 The Contractor shall not be listed on a local, state or federal consolidated List of Debarred,
Suspended and Ineligible Contractors and Grantees.
7.0 LAWS, REGULATIONS, AND ORDINANCES
7.1 The Contractor shall be responsible for meeting all Federal: laws, ordinances and
regulations; State: laws, ordinance and regulations; County: laws, ordinances and
regulations; and City: laws, ordinances, and regulations for safety of people, environment,
and property. This includes, but is not limited to, all Federal, State, County, and City
Agencies, Administrations and Commissions such as the Environmental Protection Agency
(EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission
on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes
effective after the start of this Agreement, the Contractor is required to comply with new
policy. Any mandates requiring the City to comply with new guidelines will also require the
Contractor to comply.
8.0 INVOICING REQUIREMENTS
8.1 The City of Fort Worth has begun implementing an automated invoicing system.
8.2 The Contractor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: suopIierinvoices (aVortworthtexas.aov.. 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.
8.3 Please include the following on the subject line of your e-mail: Contractor name, invoice
number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-
0000001234)
8.4 To ensure the system can successfully process your invoice in an expedient manner,
please adhere to the following requirements:
8.4.1 All invoices must be either a PDF or TIFF format.
8.4.2 Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
8.4.3 One invoice per attachment (includes PDFs). Multiple attachments per email is
acceptable but each invoice must be a separate attachment.
ITB 24-0006 Water Damage Mitigation
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8.4.4 Please do not send handwritten invoices or invoices that contain handwritten
notes.
8.4.5 Dot matrix invoice format is not accepted.
8.4.6 The invoice must contain the following information:
8.4.6.1 Supplier Name and Address;
8.4.6.2 Remit to Supplier Name and Address, if different;
8.4.6.3 Applicable City Department business unit# (i.e. FW013)
8.4.6.4 Complete City of Fort Worth PO number (i.e. the PO number must
contain all preceding zeros);
8.4.6.5 Invoice number;
8.4.6.6 Invoice date; and
8.4.7 Invoices should be submitted after delivery of the goods or services.
8.4.8 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@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@fortworthtexas.gov.
8.4.9 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.
8.4.10 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@fortworthtexas.gov.
8.4.11 Contractor shall not include Federal, State of City sales tax in its invoices. City
shall furnish a tax exemption certificate upon Contractor's request.
ITB 24-0006 Water Damage Mitigation
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9.0 UNIT PRICE ADJUSTMENT
9.1 Contractor may request a Price Adjustment based on Price Adjustment Verification up to
one time Yearly. 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
Contractor. Price Adjustments shall not be allowed more frequently than once Yearly. It is
within the sole discretion of the City to determine whether an adjustment is necessary
and/or acceptable.
9.2 Yearly means the City's Fiscal year, being October 1 - September 30.
9.3 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.
9.4 The Contractor must submit its Price Adjustment request, in writing, at least 60 days before
the new Fiscal year. The Contractor must provide all Price Adjustment Justification, as
defined above, at the time of its request for a Price Adjustment.
9.5 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.
9.6 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.
9.7 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. Contractor will be reimbursed for
this service at the prior Agreement rate(s). Contractor 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.
9.8 Delivery of goods and/or services shall not be suspended by the Contractor without a 30-
day prior written notice to the Senior Purchasing Manager.
9.9 Only Published price changes will be accepted. Prices that were in effect at the time of
order placement shall take precedence.
10.0 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 Contractor's
obligation with respect to such performance shall continue in full force and effect.
ITB 24-0006 Water Damage Mitigation
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11.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without
written permission from the City.
12.0 HAZARDOUS CONDITIONS
12.1 The Contractor is required to notify the City immediately of any hazardous conditions
and/or damage to any property.
12.2 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.
13.0 CONTRACT ADMINISTRATION AND TERMINATION
13.1 Contract administration will be performed by the City Department. In the event the
Contractor fails to perform according to the terms of the agreement, The Department head
or his/her designee will notify the Contractor, in writing, of its failures. A meeting may be
arranged to discuss the Contractor's deficiencies. A written cure notice may be prepared
giving the Contractor 14 calendar days to cure any deficiency.
13.2 In the event the Contractor continues with unsatisfactory performance, the department will
promptly notify the Senior 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 Contractor may be held liable for
excess cost and/or liquidated damages.
13.3 The Contractor 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.
13.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Contractor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and subcontractors
to cease work. Subject to the terms of this agreement, the Contractor 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 Contractor 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 Contractor
exceed the agreement price. The Contractor shall not be reimbursed for any profits which
may have been anticipated, but which have not been earned up to the date of termination.
ITB 24-0006 Water Damage Mitigation
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14.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
14.1 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.
15.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
15.1 Contractor 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).
16.0 DEBARMENT AND SUSPENSION
16.1 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.
17.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352)
17.1 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.
17.2 Bidders shall provide proof of Byrd Anti -Lobbying Amendment certification filings with their
bid, if the bid exceeds $100,000.00.
ITB 24-0006 Water Damage Mitigation
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18.0 NO BOYCOTT OF ISRAEL
18.1 If Contractor has fewer than 10 employees or this Agreement is for less than
$100,000, this section does not apply. Contractor 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" and "company" has the
meanings ascribed to those terms in Section 2271 of the Texas Government Code. By
signing this Agreement, Contractor certifies that Contractor's signature provides
written verification to the City that Contractor: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the Agreement.
19.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES
19.1 Contractor 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, Contractor
certifies that Contractor's signature provides written verification to the City that Contractor:
(1) does not boycott energy companies; and (2) will not boycott energy companies during
the term of this Agreement.
20.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES
20.1 Contractor 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, Contractor
certifies that Contractor's signature provides written verification to the City that Contractor:
(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.
ITB 24-0006 Water Damage Mitigation
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21.0 RIGHT TO AUDIT
21.1 Contractor 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 Contractor involving transactions relating to the
Agreement. Contractor agrees that City shall have access during normal working hours to
all necessary Contractor 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 Contractor reasonable advance notice of intended audits.
ITB 24-0006 Water Damage Mitigation
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PART-3
SCOPE OF SERVICES/SPECIFICATIONS
1.0 WATER DAMAGE MITIGATION SERVICES
1.1 On average, the City experiences 3-5 Water Damage Mitigation events per year, involving
1-5 properties per event. Rarely, an event might involve as many as 10-15 properties.
Therefore, Contractor shall be capable of conducting Water Damage Mitigation services at
a minimum of five (5) properties for City simultaneously.
1.2 Contractor shall respond to City emergency requests by returning phone calls within one
(1) hour, and by arriving at an event site within two (2) hours of request acceptance.
1.3 Contractor shall provide water damage mitigation services including, but not limited to the
following services:
1.3.1 Inspection and water damage assessment of what can be salvaged and what
needs to be removed and/or dried.
1.3.2 Identifying water type (waste water or clean water).
1.3.3 Surveying the extent of water damage and inspect premises, including safety
inspection.
1.3.4 Using moisture detectors, hygrometers, and other meters to measure the extent
of moisture saturation. This shall include infrared cameras to find hidden water,
behind walls and ceilings.
1.3.5 Within an hour of arriving at an event site, Contractor shall photograph conditions
prior to beginning work, prepare a detailed, room -by -room estimate of the work to
be performed, and telephone the Warehouse Supervisor for written authorization
of the work.
1.3.6 The finalized work invoice and accompanying photographs of the work
completed shall be emailed to the Warehouse Supervisor within 24 hours of the
service.
1.4 ITEM MOVING
1.4.1 Contractor shall move furniture, nuisance property contents, as well as block
items to prevent further water damage, rust or furniture stains on wet carpet or
flooring.
1.4.2 Contractor shall conduct move -out to protect belongings from further damage if a
home requires extensive restoration or cleaning.
1.5 WATER EXTRACTION
1.5.1 Contractor shall remove excess water, using submersible pumps, industrial
wet/dry vacuums and pumps, and truck -mounted and portable extraction
equipment as necessary.
ITB 24-0006 Water Damage Mitigation
Page 23 of 34
1.5.2 Contractor shall thoroughly inspect flooring, carpet pad, and carpet.
1.5.3 Upon completion of an inspection, Contractor shall remove wooden flooring and
pad and/or carpet, if necessary.
1.6 DRYING AND DEHUMIDIFICATION
1.6.1 Contractor shall use room measurements, including temperature and relative
humidity, to determine the optimal number of air movers and dehumidifiers
necessary to dry a residence.
1.6.2 Contractor shall monitor moisture levels in floors and walls.
1.6.3 Contractor shall drill holes and remove drywall, cabinet walls, etc., as necessary
to facilitate drying and dehumidification.
1.6.4 Contractor shall use industrial grade dehumidifiers and high-speed air movers.
1.7 CLEANING AND SANITIZING
1.7.1 Contractor shall use Environmental Protection Agency (EPA) registered biocide
antimicrobial, antibacterial, sanitizing and disinfecting treatments to control
bacterial, viruses, and mold (htti)s://www.er)a.gov/pesticide-reqistration/selected-
eqa-registered-disinfectants).
1.7.2 Contractor shall clean, remove, and dispose of cleaning/drying/construction
debris and dirt, damaged materials, and refuse.
1.8 RESTORATION
1.8.1 Drywall removal, installation, and painting — Contractor shall restore drywall and
baseboards, damaged by water and/or drying operations, to prior condition.
1.8.2 Replacement of carpet or other flooring damaged by water and/or removed for
drying operations, will be addressed in claims filed with City Risk Management,
by affected city resident.
1.8.3 Contractor shall photograph condition of property after Water Damage Mitigation
work is completed, and prepare a detailed, room -by -room report of the work
performed, to be included with the invoice.
1.9 PHOTOGRAPHIC EVIDENCE
1.9.1 The Contractor is responsible for providing before and after photographs of all
Project Areas completed.
1.9.2 Digital cameras or phone with a camera, capable of at least 12 mega -pixel with
image resolution of 1280 x 1224 that adds date stamp on the face of the picture.
1.9.3 All photographs must be time and date stamped.
ITB 24-0006 Water Damage Mitigation
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1.9.4 Failure to provide photographic proof upon request will result in non-payment for
the service location until proper photographic evidence is submitted to the City.
1.10 ABESTOS, ABATEMENT TESTING
1.10.1 Contractor shall remove asbestos -containing materials, decontamination of
regulated work area, and disposal of waste materials if needed.
1.11 COMMUNICATION WITH CITY AND AUTHORIZATION OF WORK
1.11.1 Contractor shall designate a Project Manager (PM) and an alternate Project
Manager for this Agreement, and provide direct 24-hour phone numbers for
them. City will not utilize 800 or main numbers to place service orders.
1.11.2 During each event response, Contractor will contact and communicate with the
Warehouse Supervisor or Assistant Warehouse Supervisor, to obtain
authorization for all work, including any additional work not previously authorized.
1.12 SUBSIDIARY ITEMS:
1.12.1 Mobilization:
1.12.1.1 Mobilization is defined as activation of a contractor's physical and
manpower resources for transfer to a construction site.
1.12.1.2 Work associated with this Item is considered subsidiary to the various
item bid. No separate payment will be allowed for this Item.
1.12.2 Emergency/After Hours:
1.12.2.1 Emergency/After-hours hours shall be 5:00 p.m. to 7:30 a.m., Monday
through Friday, and all -day Saturday and Sunday.
1.12.2.2 Work associated with this Item is considered subsidiary to the various
item bid. No separate payment will be allowed for this Item.
ITB 24-0006 Water Damage Mitigation
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EXHIBIT B
PAYMENT SCHEDULE
Vendor Services Agreement Page 12 of 12
FORT WORTH.
PRICE SUBMITTAL
Event ID Page
Invited:
EVENT DETAILS
CFW01-24-0006 3
Event Round Version
Submit To:
City of Fort Worth
1 1
FINANCIAL MANAGEMENT SERVICES
Event Name
FINANCE - City Hall Purchasing
ITB Water Damaqe Mitiqation
200 Texas St.
Start Time Finish Time
Fort Worth TX 76102-6314
11/14/2023 15:00:00 CST 01/11/2023 13:30:00 CST
United States
Email:
FMSPurchasingResponses@fortworthtexas.gov
Line Details
Line: 1
Description: Qtv Unit
UnitPrice
Total
EMERGENCY RESTORATION -WATER EXTRACTION 10000.00 SF
Price reflects CAT 2 Water Extraction from carpet. Hard surfaces CAT 2 would be $0.47 unit price.
00.62
$6,200
CAT 1 Water extraction would be done at a 50% discount. CAT 3 would be an additional charge of 25%
Line: 2
Description: Qtv Unit
UnitPrice
Total
DEHUMIDIFIER (RENTAL) -SMALL SIZE MNIMUM # OF 20.00 EA
DAYS (3)
15.00
300.00
RS does not utilize small Dehus at this time.
Line: 3
Description: Qtv Unit
UnitPrice
Total
DEHUMIDIFIER (RENTAL) MEDIUM SIZE MINIMUM # 15.00 EA
OF DAYS (3)
50.00
750.00
Price listed reflects the daily rate for a job that will use the equipment for a minimum of 3 days.
Line: 4
Description: Qtv Unit
UnitPrice
Total
DEHUMIDIFIER (RENTAL) -LARGE SIZE -MINIMUM # OF 20.00 EA
DAY (3) Price listed reflects the daily rate for ajob that will use the equipment for a minimum of 3 days.
70.00
1,400.00
Line: 5
Description: Qtv Unit
UnitPrice
Total
DRYING FANS (RENTAL) MINIMUM # OF DAYS (3) 20.00 EA
Price listed reflects the daily rate for a job that will use the equipment for a minimum of 3 days.
32.75
655.00
Line: 6
Description: Qtv Unit
UnitPrice
Total
AIR SCRUBBER (RENTAL) MINIMUM # OF DAYS (3) 15.00 EA
75.10
1,127.00
Price listed reflects the daily rate for a job that will use the equipment for a minimum of 3 days.
Line: 7
Description: Qtv Unit
UnitPrice
Total
WALL CAVITY MACHINE (RENTAL) MINIMUM # OF 13.00 EA
DAYS (3) price listed reflects the daily rate for a job that will use the equipment for a minimum of 3 days.
141.00
1.833.00
Line: 8
Description: Qtv Unit
UnitPrice
Total
APPLICATION OF ENVIRONMENTAL PROTECTION 10000.00 SF
AGENCY (EPA) REGISTERED BIOCIDE
0.34
3,400.00
Page 4
FORT WORTH.
PRICE SUBMITTAL
Event ID Page Invited: EVENT DETAILS
CFW01-24-0006 4
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - City Hall Purchasing
ITB Water Damaqe Mitiqation 200 Texas St.
Start Time Finish Time Fort Worth TX 76102-6314
11/14/2023 15:00:00 CST 01/11/2023 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 9
Description:
Qtv
Unit
UnitPrice
Total
COVER BASE REMOVAL
10500.00
LF
0.46
4,830.00
Line: 10
Description:
Qtv
Unit
UnitPrice
Total
REMOVAL AND DISPOSAL OF GLUED DOWN
11000.00
SF
CONTAMINATED CARPET
1.15
12,650.00
Line: 11
Description:
Qtv
Unit
UnitPrice
Total
REMOVAL AND DISPOSAL OF UN -GLUED CONTAMINATED
105000.00
SF
CARPET
1.00
105,000.00
Line: 12
Description:
Qtv
Unit
UnitPrice
Total
REMOVAL & DISPOSAL OF CONTAMINATED CARPET
10000.00
SF
PADDING
1.00
10,000.00
Line: 13
Description:
Qtv
Unit
UnitPrice
Total
MINIMUM TRIP CHARGE
10.00
EA
75.00
750.00
Line: 14
Description:
Qtv
Unit
UnitPrice
Total
SET UP & REMOVAL OF EQUIPMENT (TOTAL FOR BOTH
5.00
EA
ACTIONS)
150.00
750.00
Line: 15
Description:
Qtv
Unit
UnitPrice
Total
FURNITURE MOVING -PER. MAN /PER. HOUR
20.00
HR
40.00
800.00
Line: 16
Description:
Qtv
Unit
UnitPrice
Total
BLOCKAND PAD FURNITURE
25.00
EA
PRICE PER PIECE
40.00
1,000.00
Page 5
FORT WORTH.
PRICE SUBMITTAL
Event ID Page Invited: EVENT DETAILS
CFW01-24-0006 5
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - City Hall Purchasing
ITB Water Damaqe Mitiqation 200 Texas St.
Start Time Finish Time Fort Worth TX 76102-6314
11/14/2023 15:00:00 CST 01/11/2024 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 17
Description: Qtv Unit UnitPrice Total
DRILL WEEP HOLES 10.00 EA
I .50 5.00
Line: 18
Description: Qtv Unit UnitPrice Total
EMERGENCY RESTORATION SEWAGE EXTRACTION 10500.00 SF
(NORMAL CIRCUMSTANCES UP TO TWO (2) OR MORE
1.75 18,375.00
INCHES DEEP
Line: 19
Description: Qtv Unit UnitPrice Total
ASBESTOS, ABATEMENT 15.00 EA
Abatement has many variables. Price listed is per square foot for removal and disposal of water 27.00 405.00
damaged drywall.
Line: 20
Description: Qtv Unit UnitPrice Total
ASBESTOS, TESTING 15.00 EA
Testing varies depending on the number of samples taken. The reprice quoted reflects the testing with three samples. 650.00 9,750.00
Total Bid Amount: 179,980.00
Prompt Payment Discount Terms: 3 0 �° Percent et 10 Days (i.e. 3% Net 15, etc.)
Services not listed above will be offered at a discount of 10
(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 Offer or 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.
Page 6
EXHIBIT D
INSURANCE
Vendor• Services Agreement — Exhibit D (Rev.9.07.21) Page 15 of 15
2/27/24. 2:22 PM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 2/27/2024 REFERENCE
NO..
CODE: P TYPE
Official site of the City of Fort Worth, Texas
FRTWORTH
**M&C 24- LOG NAME: 13P ITB 24-0006 WATER
0146 DAMAGE MITIGATION KQ
CONSENT PUBLIC NO
NO
SUBJECT: (ALL) Authorize Execution of Non -Exclusive Agreements with Restoration Specialists LLC,
and DRC Fort Worth LLC., dba ServPro of North Fort Worth for Water Damage Mitigation
Services for the Water Department in an Annual Amount Up to $300,000.00, and Authorize
Four, One -Year Renewals
RECOMMENDATION:
It is recommended that the City Council authorize execution of non-exclusive agreements with
Restoration Specialists LLC, and DRC Fort Worth LLC., dba ServPro of North Fort Worth for water
damage mitigation services for the Water Department in an annual amount up to $300,000.00, and
authorize four, one-year renewals.
DISCUSSION:
The Water Department approached the Purchasing Division for assistance with securing an
agreement for water damage mitigation services on as -needed basis. The City of Fort Worth Water
Department provides drying, cleaning, sanitatizing, and related services in certain instances of a main
water or sewage line break that affects residential properties in the City. Purchasing issued an
Invitation to Bid (ITB) that consisted of specifications for residential water damage mitigation including
the requirements for item moving, water extraction, drying, dehumidification, clean up, sanitizing and
restoration.
The ITB was advertised in the Fort Worth Star -Telegram on November 15, 2023, November 22, 2023,
November 29, 2023, December 6, 2023, December 13, 2023, December 20, 2023, December 27,
2023, January 3, 2024, and January 10, 2024. The City received four responses. However, upon
evaluation, one bidder, Todo Seco, Inc. dba All Dry Services of Metro South, did not score at least
50\% of the total available points for technical criteria and was deemed non -responsive in accordance
with the bid documents.
An evaluation panel consisting of representatives from the 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.
Bidder
Todo Seco, Inc. dba All
Dry Services of Metro
South
Restoration Specialists,
LLC.
RNDI Companies, Inc
DRC Fort Worth LLC., dba
ServPro of North Fort
Worth
Evaluation Factors
a b c d
13.0 8.7 7.5 Bidder did not sore 50\%
of the technical points;
therefore, cost was not
evaluated
15.0 11.3 7.5 35.0
15.0 10.7 7.5 0
15.0 10.0 7.5 32.50
Total Score
Bidder did not sore
50\% of the technical
points; therefore, cost
was not evaluated
68.83
33.17
62.47
apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31853&counci ddate=2/27/2024 1 /3
2/27/24. 2:22 PM
Best Value Criteria:
M&C Review
a. Contractor's availability of equipment and personnel to perform services
b. Contractor's qualifications and related experience
C. Contractor's time to respond to service requests
d. Cost of service
After evaluation, the panel concluded that Restoration Specialists LLC, and DRC Fort Worth LLC., dba
ServPro of North Fort Worth presented the best value. Therefore, the panel recommends that Council
authorize an agreement with Restoration Specialists LLC, and DRC Fort Worth LLC., dba ServPro of
North Fort Worth. No guarantee was made that a specific amount of services would be purchased.
Staff certifies that the recommended vendor's bid met specifications.
Funding is budgeted in the Other Contractual Services account within the Water and Sewer Fund for
the Water and Wastewater Warehouse Departments.
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 appropriate
FISCAL INFORMATION/CERTIFICATION:
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 an
expenditure being incurred, the Water Department has the responsibility to validate the availability of
funds.
BQN\\
TO
Fund Department Account Project Program Activity
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Program Activity
Budget Reference # Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
Reginald Zeno (8517)
Fernando Costa (6122)
Reginald Zeno (8517)
Christopher Harder (5020)
Jo Ann Gunn (8525)
Karen Quintero (8321)
ATTACHMENTS
apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31853&counci (date=2/27/2024 2/3
2/27/24. 2:22 PM
M&C Review
1295 Certificate 101154506 - DRC Fort Worth LLC - SERVPRO NFTW.pdf (CFW Internal)
13P ITB 24-0006 WATER DAMAGE MITIGATION.docx (CFW Internal)
FID TABLE For Water Mitiaation Svcs .xlsx (CFW Internal)
Form 1295 Certificate - IRS LLC 1.25.24.pdf (CFW Internal)
SAM DRC 1.26.24.pdf (CFW Internal)
SAM IRS 1.26.24.pdf (CFW Internal)
Waiver of Business Equitv Goal -Water Mitiaation.pdf (CFW Internal)
apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31853&counci ddate=2/27/2024 3/3
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2024-1116259
Restoration Specialists, LLC
Dallas, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/25/2024
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
24-0006
Water Mitigation
Nature of interest
4
Name of Interested Party City, State, Country (place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is Sheri DeMattia
My address is 8205 Presidio Dr
(street)
❑X
, and my date of birth is 07/18/1963
Frisco TX 75033 USA
(city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Dallas County, State of Texas on the 25 day of January 2024
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.9000c47