HomeMy WebLinkAboutContract 43339(Xy SWIVARY q 5,
60NTRpCT NO.
CONTRACT FOR EXCLUSIVE ELECTRIC, PLUMBING, AND COMPRESSED AIR
SERVICES AT THE FORT WORTH CONVENTION CENTER
This Agreement is entered into this day of 2012, (the
"Effective Date") by and between the CITY OFF RT WORTH, a home -rule municipal
corporation situated in portions of Tarrant, Denton, and Wise Counties, Texas, acting
by and through Susan Alanis, its duly authorized Assistant City Manager, and Ray
Lamar Owens and Deborah Owens d/b/a Owens Service Company, (hereinafter
referred to as "Contractor"), acting by and through Ray Owens, its duly authorized
General Manager.
WHEREAS, the Fort Worth Convention Center provides or makes available a
multitude of services to meet the needs of both tenants and users of the facility; and
WHEREAS, electric, plumbing, and compressed air services are an integral part
of the success of the Fort Worth Convention Center.
NOW, THEREFORE, in consideration of the covenants and agreements
hereafter set forth, the parties hereto agree as follow: N
1. DEFINITIONS
below:
As used herein, the following terms will have the meaning ascribed to such term
A. AGREEMENT: Means this agreement for Exclusive Electric, Plumbing,
and Compressed Air Services at the Fort Worth Convention Center
between Contractor and City and includes all exhibits attached hereto.
B. CONTRACTOR: Means and includes Ray Lamar Owens and Deborah
Owens d/b/a Owens Service Company, and/or its members, managing
members, officers, servants, managers, proprietors, directors, employees,
representatives, agents, subsidiary organizations, parent organizations,
successor entities, assigns, predecessors, stockholders, administrators,
contractors, and related companies.
C. CITY: Means and includes the City of Fort Worth, Texas and its officers,
representatives, agents, and employees.
D. DIRECTOR: Means and includes the Public Events Director of the City of
Fort Worth, Texas or his/her authorized representative or designee.
E. FWCC: Means and includes the facility known as the Fort Worth
Convention Center located at 1201 Houston Street, Fort Worth, Texas
76102.
F. GROSS RECEIPTS: Means and includes the total amount of money
received or to be received by Contractor or by any agent, employee, or
Contract for Exclusive Electric, Plumbing, and
Compressed Air services at the Fort Worth Convention Center OFFICIAL RECORD I of 52
�• ■� CITY SECRETARY
o!�--20-1 2 P 13:04 IN FT. WORTH, TX
subcontractor from all sales, whether for cash or credit, whether collected
or uncollected, made as a result of the service rights granted under the
Agreement.
G. PARTIES: Means and includes Contractor and City.
2. SCOPE OF SERVICES.
2.1. Contractor hereby agrees to provide exclusive electric, plumbing, and
compressed air services at the FWCC for facility users in accordance the "Scope of
Work" attached hereto as Exhibit A, the City's Request for Proposal (RFP), attached
hereto as Exhibit B, and the Operator's Response to the City Request for Proposal
(RFP Response), attached hereto as Exhibit C, all of which are incorporated herein for
all purposes.
2.2 Upon request of the Director, Contractor shall deliver all data, reports,
and documents to the Director that result from the services it provides pursuant to this
Agreement within thirty (30) days.
2.3 The Director reserves the right to waive the exclusivity of this agreement
for an event of overriding importance to the City. The importance of any event shall be
determined at the sole discretion of the Director.
3. GENERAL DUTIES AND OBLIGATIONS
3.1 Contractor must, at its own expense, obtain and keep in force during the
period of the Agreement all permits and licenses required by all laws and regulations of
the State of Texas, County of Tarrant and the City.
3.2 Contractor shall also permit the Director to make periodic inspections of
the operations of the Contractor as it relates to work and services at the FWCC.
3.3 Contractor shall supply all equipment that may be needed to fulfill the
scope of services contained herein.
3.4 Contractor shall employ and compensate its own employees. Contractor
represents that all of its employees and subcontractors who perform services under this
Agreement shall be qualified and competent to perform the services required herein.
Contractor's employees shall be neat and clean in appearance and courteous towards
the patrons, public, and fellow employees. Contractor's employees will have limited
access to the FWCC through designated entrances/exits during events. Any such
employees observed in the FWCC at events that they are not working, will be asked to
leave at the discretion of the Director. The Director reserves the right to forbid the
employment of any individual considered unsatisfactory or that does not represent
themselves in a manner acceptable by the Director. In the event Contractor does not
provide sufficient personnel to service any event, City reserves the right to obtain
additional personnel at the cost of the Contractor.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 2 of 52
4. TERM
4.1. Primary Term
The primary term of this Agreement shall be for three (3) years from the Effective
Date ("Primary Term") unless terminated earlier pursuant to the terms of this Agreement.
Upon expiration of the Primary Term, Contractor agrees to hold over under the terms
and conditions of this Agreement for such period of time as is reasonably necessary to
obtain a replacement Contractor, provided such period shall not exceed 120 days.
4.2. Renewal Options
In addition to the Primary Term, City may, at its sole discretion, renew this
Agreement for up to three (3) additional, one-year terms on the same terms and
conditions. In connection with any renewal, Contractor shall provide notice of its desire
to renew the Primary Term of the Agreement at least one (1) year prior to the expiration
date (as the same may from time -to -time be extended). The City will, within thirty (30)
days from receipt of the notice to extend, notify Contractor if the term shall be extended
for an additional one (1) year period. No notice shall otherwise be required to effect a
termination by its own terms. Upon expiration of any of the renewal terms, Contractor
agrees to hold over under the terms and conditions of this Agreement for such period of
time as is reasonably necessary to obtain a replacement contractor, provided such
period shall not exceed 120 days.
5. TERMINATION
5.1. City may terminate this Agreement for its own convenience or for cause in
the event of a breach of this Agreement by Contractor, which breach is not cured within
sixty (60) days after written notice thereof to Contractor, with the understanding that all
services being performed under this Agreement shall cease upon the date specified in
such notice. If the City terminates this Agreement for convenience pursuant to this
section, the City shall pay Contractor for services actually and satisfactorily performed in
accordance herewith prior to such termination, in accordance with a final statement
submitted by Contractor documenting the performance of such work.
5.2. Contractor shall not be entitled to lost or anticipated profits in the event
this Contract is terminated as provided for herein or in the event the City, in its sole
discretion, decides not to exercise any option period.
5.3. Upon termination or expiration of this Agreement, Contractor shall not
remove any property or equipment vital to the service provision until:
5.3.1. the ownership of the property is determined; and
5.3.2 the FWCC has time to replace or purchase the property or
equipment to maintain the ability to provide the services
contemplated herein.
5.4. Upon meeting the requirement of 5.3.1 and 5.3.2., Contractor, at its sole
expense, shall remove from the FWCC all equipment and material that Contractor owns.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 3 of 52
5.5. Contractor recognizes that the services provided pursuant to this
Agreement are vital to the City's efforts to provide electric, plumbing, and/or compressed
air services; that continuity thereof must be maintained at a consistently high level
without interruption; that upon expiration or earlier termination of this Agreement a
successor may continue these services; that any successor contractor shall need phase -
in training; and that Contractor must cooperate to effect an orderly and efficient
transition. Contractor shall cooperate with a smooth, seamless transition and have a
cooperative approach. There shall be no negative correspondence in Contractor's
communications to licensees or exhibitors.
5.6. Contractor shall be required to provide phase -out services to its
successor contractor for up to thirty (30) days prior to expiration of this Agreement at no
charge to the City. Phase -out orientation shall comprise a minimum of 30 working days,
8 hours per day. Orientation may include, but not be limited to, system operations
procedures, record keeping, reports, and procurement procedures, etc. Contractor shall
be completely responsible for providing the services called for by the Agreement during
the phase -out period. City agrees to work with Contractor to prevent disclosure of
Contractor's trade secrets during the phase -out period.
S. COMPENSATION.
6.1 In consideration of the exclusive nature of the electric, plumbing, and
compressed air services to be provided under this Agreement, Contractor shall pay to
the Director, on a regular monthly basis:
Nineteen percent (19%) of gross receipts for the first $1.00 to $200,000 in fees
generated from such services.
Twenty-four percent (24%) of gross receipts for all other fees actually collected
that exceed $200,000.
6.2 Payments shall be made no later than 30 days after the close of each
month that this Agreement is in effect, including the last payment to be made at either
termination or expiration of this Agreement. Upon request, a list of events will be made
available.
6.3 Past due payments shall accrue interest at the rate of ten percent (10%)
per annum. In the event City is required to initiate litigation to collect any sums due
hereunder, Contractor agrees to pay court costs and reasonable attorney's fees.
7. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION,.
Contractor hereby warrants to the City that Contractor has made full disclosure
in writing of any existing or potential conflicts of interest related to Contractor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective
Date, Contractor hereby agrees to immediately make full disclosure to the City in
writing. Contractor, for itself and its officers, agents and employees, further agrees that
it shall treat all information provided to it by the City as confidential and shall not
disclose any such information to a third party without the prior written approval of the
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 4 of 52
City. Contractor shall store and maintain the City's information in a secure manner and
shall not allow unauthorized users to access, modify, delete or otherwise corrupt the
City's information in any way. Contractor shall notify the City immediately if the
security or integrity of any of City's information has been compromised or is believed to
have been compromised.
8. RIGHT TO AUDIT.
Contractor shall maintain all books, documents, papers, and records, including,
but not limited to, invoices, regarding operations at the FWCC. The Director may
prescribe the form of records to be kept by Contractor in accordance with this
provision. Contractor agrees that the City shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers and records of
Contractor involving services relating to this Agreement at no additional cost to the
City. Contractor agrees that the City shall have access during normal working hours to
all necessary Contractor facilities and shall be provided adequate and appropriate work
space to conduct audits in compliance with the provisions of this section. The City
shall give Contractor reasonable advance notice of intended audits.
Contractor further agrees to include in all its subcontractor agreements
hereunder a provision to the effect that the subcontractor agrees that the City shall, until
expiration of three (3) years after final payment of the subcontract, have access to and
the right to examine at reasonable times any directly pertinent books, documents,
papers and records of such subcontractor involving transactions related to the
subcontract, and further that City shall have access during normal working hours to all
subcontractor facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this paragraph. City shall
give subcontractor reasonable notice of intended audits.
9. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall operate as an
independent contractor as to all rights and privileges granted herein, and not as an
agent, representative, or employee of the City. Subject to and in accordance with the
conditions and provisions of this Agreement, Contractor shall have the exclusive right
to control the details of its operations and activities and be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors and
subcontractors. Contractor acknowledges that the doctrine of respondeat superior
shall not apply as between the City, its officers, agents, servants and employees, and
Contractor, its officers, agents, employees, servants, contractors and subcontractors.
Contractor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Contractor.
10. LIABILITY, INDEMNIFICATION, AND RELEASE
10.1 Liability
CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY,
Contract for Exclusive Electric, Plumbing, and
Compressed Alr Services at the Fort Worth Convention Center 5 of 52
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), ERRORS, OR OMISSION(S),
MALFEASANCE, OR INTENTIONAL MISCONDUCT OF CONTRACTOR.
10.2 INDEMNITY
CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY
FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS,
ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES
(INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF
DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS
OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS'
COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE)
AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO
ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF
DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS, ERRORS,
OR OMISSIONS, MALFEASANCE, OR INTENTIONAL MIDSCONDUCT OF
CONTRACTOR.
10.3 Release
Contractor agrees to and shall release City from and against any and all liability
for injury, death, damage, or loss to persons or property sustained or caused by
Contractor in connection with or incidental to performance under this Agreement.
10.4 Release and Indemnitv by Contractor's Subcontractors
Contractor shall require all of its contractors and subcontractors to include in their
contracts and subcontracts a release and indemnity in favor of City in substantially the
same form as above.
11. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract any of its duties, obligations, or rights
under this Agreement without the prior written consent of the City. If the City grants
consent to an assignment, the assignee shall execute a written agreement with the City
and Contractor under which the assignee agrees to be bound by the duties and
obligations of Contractor under this Agreement. Contractor and Assignee shall be jointly
liable for all obligations under this Agreement prior to the assignment. If the City grants
consent to a subcontract, the subcontractor shall execute a written agreement with
Contractor referencing this Agreement under which the subcontractor shall agree to be
bound by the duties and obligations of Contractor under this Agreement as such duties
and obligations may apply. Contractor shall provide the City with a fully executed copy
of any such subcontract.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 6 of 52
12. INSURANCE.
Contractor shall provide the City with certificate(s) of insurance documenting
policies of the following minimum coverage limits that are to be in effect prior to
commencement of any work pursuant to this Agreement:
12.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per person per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by Contractor, its
employees, agents, representatives in the course of the providing
services under this Agreement. "Any vehicle" shall be any vehicle
owned, hired and non -owned
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas workers'
Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and
minimum policy limits for Employers' Liability of $100,000 each
accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
12.2 Certificates.
Certificates of Insurance evidencing that Contractor has obtained all
required insurance shall be delivered to the City prior to Contractor
proceeding with any work pursuant to this Agreement. All policies shall
be endorsed to name the City as an additional insured thereon, as its
interests may appear. The term City shall include its employees, officers,
officials, agent, and volunteers in respect to the contracted services. Any
failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 7 of 52
requirement. Contractor is responsible for providing to the City a
minimum of thirty (30) days notice of cancellation or reduction in limits of
coverage. Ten (10) days notice shall be acceptable in the event of non-
payment of premium. Such terms shall be endorsed onto Contractor's
insurance policies. Notice shall be sent to the Risk Manager, City of Fort
Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the
City Attorney at the same address.
13. COMPLIANCE WITH LAWS, ORDINANCES. RULES AND REGULATIONS.
Contractor agrees to comply with all applicable federal, state, and local laws,
ordinances, rules and regulations, including, but, not limited to, those rules and
regulations established by the Director. If the City notifies Contractor of any violation of
such laws, ordinances, rules or regulations, Contractor shall immediately desist from
and correct the violation.
14. NON-DISCRIMINATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subcontractors
and successors in interest, as part of the consideration herein, agrees that in the
performance of Contractor's duties and obligations hereunder, it shall not
discriminate in the treatment or employment of any Individual or group of
individuals on any basis prohibited by law. If any claim arises from an alleged
violation of this non-discrimination covenant by Contractor, its personal
representatives, assigns, subcontractors or successors In Interest, Contractor
agrees to assume such liability and to INDEMNIFY AND DEFEND the City and hold
the City harmless from such claim.
16. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand -delivered to the other
party, its agents, employees, servants or representatives, (2) delivered by 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 The CITY:
City of Fort Worth
Public Events Department
Fort Worth Convention Center
1201 Houston Street
Fort Worth TX 76102
Facsimile: (817) 392-2756
With Copy to:
City of Fort Worth
Department of Law
Attn: Attorney for Public Events
1000 Throckmorton
Fort Worth, Texas 76102
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center
To CONTRACTOR:
General Manager
Owens Service Company
P.O. Box 689
Kemp, TX 75143
8of52
16. SOLICITATION OF EMPLOYEES.
Neither the City nor Contractor shall, during the term of this Agreement and
additionally for a period of one year after its termination, solicit for employment or
employ, whether as employee or independent contractor, any person who is or has
been employed by the other during the term of this agreement, without the prior written
consent of the person's employer.
17. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does
not waive or surrender any of its governmental powers.
18. NO WAIVER.
The failure of the City or Contractor to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not
constitute a waiver of the City's or Contractor's respective right to insist upon
appropriate performance or to assert any such right on any future occasion.
19. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the internal laws of the
State of Texas. If any action, whether real or asserted, at law or in equity, is brought on
the basis of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
20. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable,
the validity, legality, and enforceability of the remaining provisions shall not in any way
be affected or impaired.
21. FORCE MAJEURE.
City and Contractor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any
delay or omission in performance due to force majeure or other causes beyond their
reasonable control (force majeure), 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, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 9 of 52
22. WORK STOPPAGE / STRIKES
CONTRACTOR WAIVES ANY CLAIM IT MAY HAVE FOR FINANCIAL LOSSES
OR OTHER DAMAGES RESULTING FROM THE TERMINATION OF THIS
AGREEMENT DUE TO WORK STOPPAGE OR STRIKE. Contractor is not relieved
from performing its obligations under this Contract due to a strike or work slowdown of
its employees. Contractor shall employ only fully trained and qualified personnel during
a strike.
23. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
24. 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 shall not be
employed in the interpretation of this Agreement or exhibits hereto.
26. AMENDMENTS / MODIFICATIONS / EXTENSIONS.
No extension, modification, or amendment of this Agreement shall be binding
upon a party hereto unless such extension, modification, or amendment is set forth in a
written instrument, which is executed by an authorized representative and delivered on
behalf of such party.
26. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any
documents incorporated herein by reference, contains the entire understanding and
agreement between the City and Contractor, 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.
27. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal
authority to execute this agreement on behalf of the respective party, and that such
binding authority has been granted by proper order, resolution, ordinance or other
authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
28. INVALIDITY OF PROVISIONS.
It is agreed that, in the event any covenant, condition, or provision herein
contained is held to be invalid by any court of competent Jurisdiction, the
invalidity of such covenant, condition, or provision shall in no way affect any
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 10 of 52
other covenant, condition or provision herein contained; provided, however, that
the invalidity of any such covenant, condition, or provision does not materially
prejudice either Contractor or City in connection with the rights and obligations
contained in the valid covenants, conditions or provisions of this Agreement.
29. PUBLIC INFORMATION ACT CLAUSE.
Contractor understands and acknowledges that City is a public entity under the
laws of the State of Texas and as such, all documents held by City are subject to
disclosure under Chapter 552 of the Texas Government Code. Contractor shall clearly
indicate to City what information it deems proprietary. If City is required to disclose any
documents that may reveal any of Contractor's Proprietary Information to third parties
under the Texas Government Code, or by any other legal process, law, rule or judicial
order by a court of competent jurisdiction, City will notify Contractor prior to disclosure of
such documents, and give Contractor the opportunity to submit reasons for objections to
disclosure. The City agrees to restrict access to Contractor's information to those
persons within its organization who have a need to know for purposes of management of
this Agreement. The City agrees to inform its employees of the obligations under this
paragraph and to enforce rules and procedures that will prevent any unauthorized
disclosure or transfer of information. The City will use its best efforts to secure and
protect Company's information in the same manner and to the same degree it protects
its own proprietary information; however, City does not guarantee that any information
deemed proprietary by Contractor will be protected from public disclosure if release is
required by law. The foregoing obligation regarding confidentiality shall remain in effect
for a period of three (3) years after the expiration of this Agreement.
30. OTHER REMEDIES.
Any termination of this Agreement as provided in this Article will not relieve
Contractor from paying any sum or sums due and payable to City under the Agreement
at the time of termination, or any claim for damages then or previously accruing against
Contractor under this Agreement.. Any such termination will not prevent City from
enforcing the payment of any such sum or sums or claim for damages by any remedy
provided for by law, or from recovering damages from Contractor for any default under
the Agreement. All City's rights, options, and remedies under this Agreement will be
construed to be cumulative, and not one of them is exclusive of the other. City may
pursue any or all such remedies or any other remedy or relief provided by law, whether
or not stated in this Agreement.
31. FISCAL FUNDING.
As to City's performance of the obligations in this Agreement, Contractor
acknowledges and agrees that City is a governmental entity, and because of statutory,
constitutional, and City Charter provisions, it cannot commit to the funding of City's
obligations described herein beyond each fiscal year. Therefore, the funding obligations
of City described herein are subject to and conditioned upon the Fort Worth City Council
appropriating for each fiscal year sufficient funds to satisfy such obligations.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 11 of 52
32. COUNTERPARTS AND ELECTRONIC SIGNATURES
This Agreement may be executed in several counterparts, each of which will be
deemed an original, but all of which together will constitute one and the same
instrument. A signature received via facsimile or electronically via email shall be as
legally binding for all purposes as an original signature.
33. TAXES AND FEES.
Contractor covenants and agrees to pay promptly all lawful general taxes,
special -assessments, excises, license fees, and permit fees that arise solely on account
of Contractor's operation in the FWCC and take out and keep current all licenses,
municipal, state, or federal, required covenants and agrees not to permit any of said
taxes, assessments, excises, fees, or charges to become delinquent.
34. ORDER OF PRECEDENCE.
In the event of a conflict between (1) Sections 1-34 herein (including Exhibit A —
Scope of Work), (2) the RFP (Exhibit B), and (3) the RFP Response (Exhibit C),
Sections 1-34 shall control over the RFP, and the RFP shall control over the RFP
Response.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Contract for Exclusive Electric, Plumbing, and 12 of 52
Compressed Air Services at the Fort Worth Convention Center
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date.
CITY OF FORT WORTH:
By:
Ousk Alanis
ssis ant City Manager
ATTEST:
By:
RAY LAMAR OWENS AND
DEBORAH OWENS D/B/A OWENS
SERVICE COMPANY:
By: ;PX1 Njv�
Ray Ovbens
b =:4t7 , General Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Tyler F.�>allach
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: ('- eSlPs-3
Date Approved: -_7-7
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract for Exclusive Electric, Plumbing, and 3 of 52
Compressed Air Services at the Fort Worth Convention Center
EXHIBIT A
SCOPE OF WORK
For ELECTRIC, PLUMBING, AND COMPRESSED AIR SERVICES AT
THE FORT WORTH CONVENTION CENTER
Contractor will have exclusive rights to all electric, plumbing and compressed air points
for various public events, meetings, and trade shows utilizing the FWCC. Contractor will
have exclusive rights to use the electric, plumbing, and compressed air points that have
been established at the FWCC for electric, plumbing, and compressed air purposes.
Contractor shall have the exclusive right to refuse to connect equipment that exceeds
the building specifications or that Contractor deems to be unsafe.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 14 of 52
Exhibit B
Request for Proposal
Folmr WNTLH,
PURCHASING DIVISION
REQUEST FOR PROPOSALS (RFP)
for
ELECTRIC, PLUMBING, AND COMPRESSED AIR SERVICE
FOR THE FORT WORTH CONVENTION CENTER AND ELECTRIC
SERVICE FOR THE WILL ROGERS MEMORIAL CENTER
RFP No. 12-0107
Issued: February 15, 2011
PROPOSAL SUBMISSION DEADLINE:
******March 15. 2012 by 1:30PM Local Time *******
NO LATE PROPOSALS WILL BE ACCEPTED
RESPONSES SHALL BE DELIVERED TO: RESPONSES SHALL BE MAILED TO:
CITY OF FORT WORTH PURCHASING DIVISION CITY OF FORT WORTH PURCHASING
LOWER LEVEL DIVISION
1000 THROCKMORTON STREET LOWER LEVEL
FORT WORTH, TEXAS 76102 1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102
A Pre -proposal Conference will be held on
Wednesday, February 22, 2012 at 2:00 PM in
meeting room 101, at the Fort Worth Convention
Center, 1201 Houston Street, Fort Worth, Texas
76102.
**********************************************************
FOR ADDITIONAL INFORMATION
REGARDING THIS RFP PLEASE CONTACT:
James Rodriguez, Contract Compliance Specialist
James.Rodriguez@fortworthgov.org
***********************************************
RETURN THIS COVER SHEET WITH
RESPONSE TO:
James Rodriguez
Contract Compliance Specialist — Purchasing
Financial Management Services Department
Acknowledgment of Addenda: #1 #2
NAME AND ADDRESS OF COMPANY
SUBMITTING PROPOSAL:
Proposer:
Address:
City:
Zip Code:
Contact Person:
Phone:
Fax:
E-mail:
Signature:
Printed Name:
F.13'M
State:
#5
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 15 of 52
Request for Proposals
The City of Fort Worth ("City") is requesting proposals ("Proposals" or "Proposal") from
prospective contractors ("Proposers") to serve as the exclusive provider of electric,
plumbing and compressed air services at the Fort Worth Convention Center ("FWCC")
and/or electric distribution service for the Will Rogers Memorial Center ("WRMC") (the
FWCC and WRMC are collectively referred to as the "Facilities"). The successful
proposer(s) will enter into a written agreement with the City to provide exclusive electric,
plumbing, and compressed air service at the FWCC and/or electric distribution service
for the WRMC for various public events, meetings and trade shows utilizing the
Facilities.
It is the desire of the City to award a single contract to one vendor for both of the listed
facilities. The City reserves the right to award one facility to one vendor and the other
facility to a different vendor. The terms of any resulting contract(s) will be for three (3)
years, commencing on or about June 20, 2012 and may be terminated by the City at any
time without penalty or cause. The City, in its sole discretion, may choose to exercise
three optional one year extensions after expiration of the initial term. Renewal options
will be exercised no later than 120 days prior to the expiration of the term that is in effect.
Respondents must demonstrate capability and experience in providing electric, plumbing
and compressed air services.
1.0 SUBMISSION OF PROPOSALS
1.1 One (1) original, seven (7) copies, and one (1) CD or (1) flash drive of all
Proposal documents shall be submitted in sealed packages to the
address provided for in section 1.2. The Proposer's name and address
should be marked on the outside of the envelope. Facsimile transmittals
or offers communicated by telephone will not be accepted or considered.
Proposal information that is not submitted in sealed packages will not be
considered.
1.2 Mail or Deliver Responses to the Followina Address:
City of Fort Worth
Purchasing Division
1000 Throckmorton Street, Lower Level
Fort Worth, Texas 76102
2.0 DELIVERY OF PROPOSALS
Proposals must be received in the City's Purchasing Division no later than 1:30
p.m., March 15, 2012. The submitting Proposer is responsible for the means of
delivering the proposals to the location listed in paragraph 1.2 on time. Delays
due to any instrumentality used to transmit the Proposals including, but not
limited to, delay occasioned by the Proposer or the City of Fort Worth's internal
mailing system will be the responsibility of the Proposer. Proposals must be
completed and delivered in sufficient time to avoid disqualification for lateness
due to difficulties in delivery. The time and date stamp clock in City's Purchasing
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 16 of 52
Division is the official clock for determining whether submittals are submitted
timely. Late Proposal documents will not be accepted under any circumstances.
3.0 CONFIDENTIAL, PROPRIETARY OR TRADE -SECRET INFORMATION
3.1 Any submittals, including all attachments, including rejected submittals,
are public information and are subject to the Texas Open Records Act
and Federal Freedom of Information Act.
3.2 If the Proposer does not desire to allow public disclosure of confidential,
proprietary, or trade -secret information contained in its Proposal, then it
must identify and label all such information in the Proposal by
conspicuously marking each individual page as "Confidential,"
"Proprietary," and/or "Trade Secret" on which such information is found.
Proposer hereby agrees to allow the City to release all information
contained in its Proposal documents that are not marked as
"Confidential," "Proprietary," and/or "Trade Secret."
3.3 Proposer's are advised that the City, to the extent permitted by law, will
protect the confidentiality of their Proposals. Proposer shall consider the
implications of the Texas Public Information Act, particularly after this
Request for Proposal (RFP) process has ceased and any agreement has
been awarded. While there are provisions in the Texas Public
Information Act to protect third -party information, where the Proposer can
meet certain evidentiary standards, please be advised that a
determination on whether those standards have been met will not be
decided by the City of Fort Worth, but by the Office of the Attorney
General of the State of Texas. In the event a request for public
information is made, the City will notify the Proposer, who may then
request an opinion from the Attorney General pursuant to 552.305, Texas
Government Code. The City will not make a request of the Attorney
General.
4.0 COMPLETION OF RESPONSES
4.1 Information presented in the Proposals will be used to evaluate the
professional qualifications of the Proposer(s) and to determine the
Proposer(s) that will be selected to provide professional services to the
City.
4.2 Responses shall be completed in accordance with the requirements of
this RFP. Statements made by a Proposer shall be without ambiguity, and
with adequate elaboration, where necessary, for clear understanding.
4.3 Proposals shall be limited to a maximum of twenty (20) 8-1/2" X 11"
pages (one side only and including cover letter) using a font size no smaller
than 11 point and one inch margins.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 17 of 52
5.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA
5.1 Any explanation, clarification, or interpretation desired by a Proposer
regarding any part of this RFP must be requested from James Rodriguez,
Contract Compliance Specialist, at least fifteen (15) days prior to the
published submission deadline, as referenced in Section 2.0 of this RFP.
A request for clarification shall not allow for the alteration of a Proposer's
pricing information contained in its cost proposal.
5.2 If the City, in its sole discretion, determines that a clarification is required,
such clarification shall be issued in writing. Interpretations, corrections or
changes to the RFP made in any other manner other than writing are not
binding upon the City, and Proposers shall not rely upon such
interpretations, corrections or changes. Oral explanations or instructions
given before the award of the Contract are not binding.
5.3 Requests for explanations or clarifications may be faxed to the City of
Fort Worth at (817) 392-8440 or emailed to
iames.rodriauez( fortworthaov.orq. Emails and Faxes must clearly
identify the RFP Number and Title.
5.4 Any interpretations, corrections or changes to this RFP will be made by
addendum. Sole issuing authority of addenda shall be vested in the City
of Fort Worth Purchasing Division. Proposers shall acknowledge receipt
of all addenda within the responses.
6.0 WITHDRAWAL OF PROPOSALS
A representative of the Proposer may withdraw a Proposal at any time prior to
the RFP submission deadline, upon presentation of acceptable identification as a
representative of such company.
7.0 AWARD OF CONTRACT
7.1 It is understood that the City reserves the right to accept or reject any and
all Proposals and to re -solicit for Proposals, as it shall deem to be in the best
interests of the City of Fort Worth. Receipt and consideration of any
Proposals shall under no circumstances obligate the City of Fort Worth to
accept any Proposals. If an award of contract is made, it shall be made to the
responsible Proposer whose Proposal is determined to be the best evaluated
offer taking into consideration the relative importance of the evaluation
factors set forth in the RFP.
7.2 The City reserves the right to award a single contract or multiple
contracts.
7.3 Tentative Schedule of Events
RFP Release Date February 15, 2012
Pre -Proposal Conference February 22, 2012
Deadline for Questions February 24, 2012, 5:00 PM (Local Time)
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 18 of 52
Proposals Due Date
Proposal Selection
Contract Negotiations
Mayor and Council
Notice to Proceed
8.0 PERIOD OF ACCEPTANCE
March 15, 2012, by 1:30 PM (Local Time)
March 16, 2012 through March 30, 2012
April 2, 2012 through April 16, 2012
May 8, 2012
May 10, 2012
Proposer acknowledges that by submitting the Proposal, Proposer makes an
offer that, if accepted in whole or part by the City, constitutes a valid and binding
contract as to any and all items accepted in writing by the City. The period of
acceptance of proposals is one hundred and eighty (180) calendar days from the
date of opening, unless the Proposer notes a different period.
9.0 TAX EXEMPTION
The City of Fort Worth is exempt from Federal Excise and State Sale Tax;
therefore, tax must not be included in any contract that may be awarded from this
RFP.
10.0 COST INCURRED IN RESPONDING
All costs directly or indirectly related to preparation of a response to the RFP or
any oral presentation required to supplement and/or clarify Proposals that may
be required by the City shall be the sole responsibility of and shall be borne by
the participating Proposers.
11.0 NEGOTIATIONS
The City reserves the right to negotiate all elements that comprise the successful
Proposals to ensure that the best possible consideration be afforded to all
concerned.
12.0 CONTRACT INCORPORATION
The contract documents shall include the RFP, the Response to the RFP and
such other terms and conditions as set forth in the Attachment B, Professional
Services Agreement.
13.0 NON -ENDORSEMENT
If a Proposal is accepted, the successful Proposer shall not issue any news
releases or other statements pertaining to the award or servicing of the
agreement that state or imply the City of Fort Worth's endorsement of the
successful Proposer's services.
14.0 UNAUTHORIZED COMMUNICATIONS
After release of this solicitation, Proposer's contact regarding this RFP with
members of the RFP evaluation, interview or selection panels, employees of the
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 19 of 52
City or officials of the City other than the Purchasing Manager, the Minority and
Women Business Enterprise (M/WBE) Office, or as otherwise indicated is
prohibited and may result in disqualification from this procurement process. No
officer, employee, agent or representative of the Proposer shall have any contact
or discussion, verbal or written, with any members of the City Council, members
of the RFP evaluation, interview, or selection panels, City staff or City's
Proposer(s), or directly or indirectly through others, seek to influence any City
Council member, City staff, or City's Proposer(s)s regarding any matters
pertaining to this solicitation, except as herein provided. If a representative of
any Proposer violates the foregoing prohibition by contacting any of the above
listed parties with whom contact is not authorized, such contact may result in the
Proposer being disqualified from the procurement process. Any oral
communications are considered unofficial and non -binding with regard to this
RFP.
15.0 PROPOSAL EVALUATION PROCESS
15.1 The City's evaluation panel will review all responsive submittals and
select the best evaluated proposals for further interview.
15.2 The City anticipates selecting the Proposer(s) that will be recommended
to the City Council for award of a contract to provide various professional
services to the City of Fort Worth.
16.0 PROPOSAL EVALUATION FACTORS
16.1 In order to qualify for the award of any contract, Proposers must meet or
exceed and will be evaluated on the following minimum qualifications.
The qualifications as set forth herein are designed to establish an
experienced criteria demonstrating the Proposer's capability to provide
electric, plumbing, and compressed air service in a large multi
purpose/equestrian and/or convention facility.
16.1.1 Previous experience in providing electrical, plumbing and
compressed air service at other similar facilities comparable in
size and function. 15 points available
16.1.2 Responsiveness to the RFP, Scope of Work, and proposed
commission structure. Please provide combined commission
rates for the Facilities and singularly for either the WRMC or
FWCC. 15 points available
16.1.3 Personnel qualifications of staff to be assigned to the project.
15 points available
16.1.4 Total cost to either or both facility users, BEST VALUE. Please
provide detailed rate sheets for review and evaluation.
30 points available
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 20 of 52
16.1.5 Ability to begin operation no later than the requested
commencement date of the contract. 15 points available
16.1.6 Available resources to provide electric, plumbing, and compressed
air services to facility users. 10 points available
16.2 To provide information with regard to these minimum qualifications,
Proposer must submit the following to James Rodriguez, Contract
Compliance Specialist, no later than March 15, 2012.
16.2.1 Proposer shall submit the following evidence in the form of an
affidavit: Proposer has recent experience (within the immediate
five-year period) in operating similar electric, plumbing, and
compressed air services in a major place of public assembly, such
as a large multi-purpose/equestrian and/or convention facility
similar to the FWCC and/or WRMC that has multi -purpose
facilities, including exhibition halls, arena with a capacity of at
least five thousand (5,000) persons, theater, ballroom, and
various -sized meeting rooms, and citing the number of years and
the locations at which such services were provided.
16.2.2 Proposer shall further certify that he or she has the ability to begin
full operation no later than June 20, 2012.
16.2.3 Proposer must submit a current financial statement, which shall
not to be older than one (1) year after the close of the most recent
accounting period. The statement must be prepared by a certified
public accountant. In addition, Proposer must submit financial
statements for each of the three (3) years preceding the most
current statement.
16.2.4 Literature, brochures, and other visual materials the Proposer
deems useful in determining the operating experience and
business reputation of the Proposer and its ability to begin
operations is acceptable.
17.0 GENERAL PROVISIONS
The successful Proposer may not assign its rights or duties under an award
without the prior written consent of the City of Fort Worth. Such consent shall not
relieve the assignor of liability in the event of default by its assignee.
17.1 ERRORS OR OMISSIONS
The Proposer will not be allowed to take advantage of any errors or
omissions in this RFP. Where errors or omissions appear in this RFP, the
Proposer shall promptly notify the City of Fort Worth Purchasing Division
in writing of such error or omission it discovers. Any significant errors,
omissions or inconsistencies in this RFP are to be reported no later than
ten (10) days before time for the RFP response is to be submitted.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 21 of 52
17.2 TERMINATION
17.2.1 If this award results in a contract, it shall remain in effect until
contract expires, delivery and acceptance of products and/or
performance of services ordered or terminated by the City with a
thirty (30) day written notice prior to cancellation. In the event of
termination, the City of Fort Worth reserves the right to award a
contract to next lowest and best Proposer as it deems to be in the
best interest of the City of Fort Worth.
17.2.2 Further, the City of Fort Worth may cancel this contract without
expense to the City in the event that funds have not been
appropriated for expenditures under this contract. The City of Fort
Worth will return any delivered but unpaid goods in normal
condition to the successful Proposer ("Consultant").
17.3 TERMINATION, REMEDIES. AND CANCELLATION
Right to Assurance. Whenever the City has reason to question the
successful Consultant's intent to perform, the City may demand that the
successful Consultant(s) give written assurance of successful
Consultant's intent to perform. In the event a demand is made, and no
assurance is given within ten (10) calendar days, the City may treat this
failure as an anticipatory repudiation of the contract.
17.4 CONFLICT OF INTEREST
No public official shall have interest in this contract, in accordance with
Vernon's Texas Codes Annotated, Local Government Code Title 5,
Subtitled C., Chapter 171.
17.5 INSURANCE
The successful Proposer ("Consultant") shall carry insurance in the types
and amounts for the duration of this agreement as listed in the
Agreement, Attachment B to this RFP, and furnish certificates of
insurance along with copies of policy declaration pages and policy
endorsements as evidence thereof.
17.6 CONTRACT CONSTRAINTS AND CONDITIONS
17.6.1 All services shall be provided in accordance with applicable
requirements and ordinances of the City of Fort Worth, the State
of Texas, and applicable federal laws.
17.6.2The Contract(s) awarded from this RFP shall be executed for a
three year initial term with three (3) one-year options to renew at
the City's sole discretion.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 22 of 52
18.0 RESPONSE FORMAT
The items listed herein shall be submitted with each Proposal and should be
submitted in the order shown. Each section should be clearly labeled,
numbered, and separated by tabs, e.g., 18.1 Management Summary, 18.2
Business Plan, 18.3 Income, etc. Failure by a Proposer to include all listed items
may result in the rejection of its Proposal. All documents submitted by Proposer
to City in response to this RFP shall become property of the City upon receipt,
including, but, not limited to, all reports, charts, schedules, or other appended
documentation to any Proposal, content of basic proposal, agreements, and any
responses, inquiries, correspondence, and related material submitted by
Proposer. Proposer shall submit the following items with its Proposal:
18.1 Manacement Summary — Provide a cover letter indicating the business
concept of your firm in providing exclusive electric, plumbing, and
compressed air services to the FWCC and/or WRMC.
18.2 Business Plan
18.2.1 A resume of the experience, education, and performance record in
the electric, plumbing, and compressed air services business of the
proposed full-time resident manager, supervisors, and any other full-time
personnel proposed to be assigned to the facilities
18.2.2 Detailed plan of approach (including, but not limited to, major
tasks and sub -tasks). Include proposed detailed pricing structure for all
services provided.
18.3 Income to the Citv
18.3.1 Provide commission percentage to be paid to the City on all gross
receipts for services provided at each individual facility as well as a
commission percentage to be paid on the Facilities combined.
18A Proposed Equipment and Infrastructure — Provide a detailed listing of all
proposed equipment
18.5 Corporate Experience and Capacity
18.5.1 Provide information that documents the firm's qualifications to
produce the required outcomes, including, but not limited to, its ability,
capacity, skill, and financial strength.
18.5.2 A detailed description of public or private facilities currently being
served by Proposer most similar in scope to the FWCC and/or WRMC.
Must include references.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 23 of 52
18.6 Acceptance of Conditions - Indicate any exceptions to the
standard terms and conditions of the RFP and to insurance requirements
and other requirements listed in the RFP.
19.0 SCOPE OF WORK AND EXPECTATIONS
The successful Proposer(s), hereinafter "Contractor," at a minimum, must
achieve and maintain the performance outcomes listed below, consistent with
acceptable standards otherwise agreed to through an agreement resulting from this
RFP. Contractor may also propose to achieve additional performance outcomes
beyond those minimally required.
19.1 General Scope
19.1.1 The City will enter into an agreement with the best evaluated
Contractor(s) to provide exclusive electric, plumbing, and compressed air
distribution services at the FWCC and/or electric service distribution at
the WRMC to facility users. The Contractor will have exclusive rights to
all electric, plumbing and compressed air points for various public events,
meetings, and trade shows utilizing the FWCC, WRMC, and WRMC RV
lots. However, the Director reserves the right to waive the exclusivity of
this agreement for an event of overriding importance to the City. This
agreement does not include the exclusive rights for permanent facility
repairs and improvements.
19.1.2 SPECIAL CONDITION: During the period of time the WRMC is
leased to and used by the annual Southwestern Exposition
and Livestock Show, (herein referred to as the "Stock Show")
all electric service riqhts will be granted to the Stock Show.
The Stock Show will have full authority to enter into contracts
with vendors for various services during their lease of the
WRMC.
19.1.3 The Contractor shall employ and compensate his / her own
employees. The Proposer's employees shall be neat and clean in
appearance and courteous towards the patrons, public and fellow
employees.
19.1.4 The Contractor must, at his / her own expense, obtain and keep in
force during the period of the agreement all permits and licenses
required by all laws and regulations of the State of Texas, County
of Tarrant and the City of Fort Worth.
19.1.5 The Contractor shall collect and promptly disperse all taxes
required by Federal, State and local authorities and shall pay any
applicable taxes relating to operations at the facility.
19.1.6 The Contractor shall maintain all records / invoices etc. regarding
operations at the facility. The Director may prescribe the form of
records to be kept by the Contractor in accordance with this
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 24 of 52
provision. Contractor shall on reasonable demand, make
available to Director, all records, books of accounts and
statements maintained with respect to operations at the facility.
19.1.7 The Contractor shall also permit designated agents of the Director
to make periodic inspections of the operations of the Contractor as
it relates to work in the facility.
19.1.8 The Contractor shall supply all equipment needed to fulfill the
scope of services contained herein.
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a
person who contracts or seeks to contract for the sale or purchase of property,
goods, or services with a local governmental entity (i.e. The City of Fort Worth)
must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's
affiliation or business relationship that might cause a conflict of interest with the
local governmental entity. By law, the Questionnaire must be filed with the Fort
Worth City Secretary no later than seven days after the date the person begins
contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing
related to a potential agreement with the City. Updated Questionnaires must be
filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is
enclosed with the submittal documents. The form is also available at
http://www.ethics.state.tx.us/forms/CIQ.DO- If you have any questions
about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the
filing requirement. An offense under Chapter 176 is a Class C misdemeanor.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 25 of 52
ATTACHMENT A
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 Date Received
of the Local Government Code by a person doing business with
the governmental entity.
By law this questionnaire must be filed with the records
administrator of the local government not later than the 7th
business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006,
Local Government Code.
A person commits an offense if the person violates Section
176.006, Local Government Code.
An offense under this section is a Class C misdemeanor.
1. Name of person doing business with local governmental
entity.
2,
heck this box if you are filing an update to a previously filed
questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate
filing authority not later than September 1 of the year for which an activity described in
Section 176.006(a), Local Government Code, is pending and not later than the 7th
business day after the date the originally filed questionnaire becomes incomplete or
inaccurate.)
3. Describe each affiliation or business relationship with an employee or
contractor of the local governmental entity who makes recommendations to a
local government officer of the local governmental entity with respect to
expenditure of money.
4. Describe each affiliation or business relationship with a person who is a local
government officer and who appoints or employs a local government officer of
the local governmental entity that is the subject of this questionnaire.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 26 of 52
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
5. Name of local government officer with whom filer has affiliation or business
relationship. (Complete this section only if the answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer
with whom the filer has affiliation or business relationship. Attach additional pages to
this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive
taxable income from the filer of the questionnaire?
❑ Yes ❑ No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or
at the direction of the local government officer named in this section AND the
taxable income is not from the local governmental entity?
❑ Yes ❑ No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity
that the local government officer serves as an officer or director, or holds an
ownership of 10 percent or more?
❑ Yes ❑ No
D. Describe each affiliation or business relationship.
6. Describe any other affiliation or business relationship that might cause a
conflict of interest.
7.
Signature of person doing business with the governmental entity Date
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 27 of 52
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Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 29 of 52
ATTACHMENT E
EXHIBIT HALL
Examm HALL 182,266 6587 x 27T 780
Exhibit RA A 56309 204'x 277' 3.288 3288 5A110 4,000 1,644 290
Exhibit Hall B 27,700 100'x 277' 1,464 1 A64 21500 1,784 732 124
Exhibit HA c 22.160 W x 277' 1.464 1 A64 2600 1,784 732 124
Exhibit Hag D 27,700 IW it 277' 1,464 IA64 21500 1,784 732 124
Exhibit Hag E 22,160 W x 277' 1,464 1 A64 2,500 1,794 732 124
Exhibit Hag F 26,038 94'x 277' 1,464 1 A64 2,500 1,784 732 124
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Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 30 of 52
ATTACHMENT F
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Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 31 of 52
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Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 32 of 52
Exhibit C
Response to Request for
Proposal
FORT WORTH
PURCHASING DIVISION
REQUEST FOR PROPOSALS (RFP)
PLUMBING. for
jy�F�
FOR THE FORT WORTH CONVtNTN 'J� CENTE� AND ELECTRIC
SERVICE FOR THE ILL ROGERS MEMORIAL CENTER
p No. 12-0107
Issued: February 15, 2011
PROPOSAL SUBMISSION DEADLINE:
*****March 25. 2012 by 1:30PM Local Time*****
NO LATE PROPOSALS WILL BE ACCEPTED
RESPONSES SHALL BE DELIVERED TO:
RESPONSES SHALL BE MAILED TO:
CITY OF FORT WORTH PURCHASING DIVISION
LOWER LEVEL
CITY OF FORT WORTH PURCHASING
DIVISION
1000 THROCKMORTON STREET
LOWER LEVEL
FORT WORTH, TEXAS 76102
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102
NAME AND ADDRESS OF
A Pre -proposal Conference will be held on
COMPANY SUBMITTING
Wednesday, February 22, 2012 at 2:00 PM in
PROPOSAL:
meeting room 101, at the Fort Worth Convention
Center, 1201 Houston Street, Fort Worth, Texas
76102.
Proposer: Owens Service Company
Address: P.O. Box 689
City: Kemp State: Texas
Zip Code: 75143
FOR ADDITIONAL INFORMATION REGARDING
Contact Person: Ray Owens
THIS RFP PLEASE CONTACT: James
Rodriguez, Contract Compliance Specialist
Phone: 903-498-7635
James. RodriguezQfortworthgov:org
..................
Fax. 903 4983699
RETURN THIS COVER SHEET WITH
E-mail: roWerts1071(p_owensSeMcecoMpOny.com
RESPONSE TO:
n,„
Signature: WYv"`'�
,.
James Rodriguez
Printed Name: y Owens
Contract Compliance Specialist - Purchasing
Financial Management Services Department
Acknowledgement of Addenda: #1 #2
#3 #4 #5
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 33 of 52
OWENS SERVICE COMPANY
18.1 Management
Summary
Business Concept
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 34 of 52
Owens Service Company
P.O. Box 689
Kemp, TX 75143
www.owensservicecomDanv.com
903-498-7635
Fax 903-498-3699
18.1 Management Summary
The business concept is to provide exclusive electric, plumbing and compressed air at the Fort
Worth Convention Center and electric service at the Will Rogers Memorial Center for facility
users. Each facility user will have unique needs and have different layouts of how their show
sets up in the space or spaces they have rented. The clients that the show management have
brought in to exhibit will then contact us if they are in need of the services we provide.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 35 of 52
OWENS SERVICE COMPANY
18.2 Business Plan
\ Business Plan
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 36 of 52
-� 18.2.1 A resume of experience and education of supervisor's and any other full-time
personnel proposed to be assigned to the facilities
Ray Owens began his career in 1976 when he started working for Stagehands Local #126 in
Fort Worth, Texas as an Electrician at the Tarrant County Convention Center Theater in the
lighting department. Ray worked as an electrician for many concerts in the area and in addition
to his work at the Theater. Ray also worked for Freeman Decorating through the Stagehands
Union, setting up electrical services for Exhibitors and Trade Shows in the Exhibit Halls at the
Fort Worth Convention Center through the time that Freeman Decorating sold its electrical
section to MM&K Electrical ending in 1987. In 1987 Ray opened Owens Service Company
utilizing his Texans' Electrician's license #10147, Ray soon had his own company installing
electrical cables for Trade Shows, providing hookups for lighting and providing wiring for sound
equipment at the many events that utilized area Exhibit Halls, Arena, Ballrooms and Convention
sites.
As of this day, Ray can proudly state that Owens Service Company worked itself into the
position where is now takes care of all the electrical, plumbing and compressed air needs for
almost all the shows in the Fort Worth Convention Center Exhibit Hall, Arena, Ballrooms, and
meeting rooms as well as performing needed maintenance for the Convention Center.
Maintenance includes regular inspection, repair and replacement of the multitude of floor plugs,
adjustments of their cover plates for safety and lubrication of the plates for ease of use. As a
result of it's continued on site presence, Owens Service Company has readily available 400
amp and 600 amp service outlets as well as plumbing and compressed air throughout the Arena
area and the Exhibit Halls, making access to these services prompt and reliable.
Owens Service Company has striven to protect its image as the longest established source of
reliable and affordable electrical services at the Convention Center. Owens Service Company is
proud to identify itself as a part of the continued success of the regularly scheduled Convention
events.
Deborah Owens has been working with Owens Service Company since 1987 as a hard laborer
and as the wife of Ray Owens. Through her 25 years of experience, Deborah is now proficient
in both the electrical end of the business and in the bookkeeping department. When a question
is asked, it is likely that Deborah will be the one answering the question. Deborah has her own
journeyman's electrical license #18301 and retains a wealth of knowledge about many events
that occur and the people who need to be a part of the success of each event.
Cliff Owens is a journeymen electrician #5244, Cliff has been with Owens Service Company
since 1987 as a part time employee and joining full time in 2006. Cliff has proven his worth at
many of the larger shows requiring large hookups. When not working with Owens Service
Company Cliff's experience causes his services to be in demand in many other electrical
environments.
Ronald Avary is a master electrician #10388. Ron has over 50 years of commercial and
industrial electrical experience. Another wealth of knowledge, Ron has been an electrical
contractor for over 38 years. In 1977 Ron was hired as Electrical Inspector for the City of
Richland Hills. While ending his status of inspector in 1982, Ron continues to serve on the
electrical board for the City of Richland Hills. Ron is well known and respected after his 25 years
of association with Owens Service Company. Ron and Ray Owens have worked together for
over 40 years.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 37 of 52
Chad Collum is an apprentice electrician license #86354 and has worked with Owens Service
Company for 10 years part time and 4 years full time. Chad is reliable, dependable, and he is
our "Do you know where that is person". He is willing to work hard and do what it takes to make
things run smoothly.
Diana Collum is an apprentice electrician license #86421 and has worked for Owens Service
Company since 1989. Diana is a 'Jill of all trades" and may be found setting up electrical
connections in booth spaces, collecting fees, taking care of clients or doing pretty much
whatever must be done.
Jennifer Collum has been a full time employee since graduating from college in 2011 with a
Bachelor's degree in Education. Jennifer works our customer service desk and when not on
show site she is in the office getting things ready for the next show to head out.
Eddie Smith is a journeyman electrician license #115288. Eddie has been a full time employee
since 2007 when his stint was done in the Marine Corp; Eddie is a member of the stage hands
union. Eddie's expertise is greatly appreciated.
_)
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 38 of 52
18.2.2 Plan of Approach
When the detailed plan of approach is followed, the client sends, faxes or emails, us the order
forms setting up what they will need as far as electrical, plumbing and or compressed air. The
order will be entered into our system and presented to the proper show, processing on the day
of the show setup we bring out the orders and have our crew( that is on job site) begin the
process of show setup, Electrical boxes are placed in the row of booth sections and then the
order that was placed will be put into the appropriate booth space. Each person on our team is
an integral part of each show, Some may be running electrical lines inside of booths, some may
be running water lines or filling pools or spas, and some may be putting up lines for compressed
air. There is no "I" in team, so each of us work together to make sure that each show has what it
needs to make it a success.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 39 of 52
—� OWENS SERVICE
COMPANY
P.O. Box SAY • Kemp. Tx 75143
CURRENT AVAILABLE:
110 Volt, A-C., single phase, 60 cycle
208 Volt, A,C., single phase, 60 cycle
208 Volt, A.C., three phase, 60 cycle
r�
GENERAL TERMS AND CONDITIONS
1. Discount rate applies to one week prior to show
setup.
2. Any and all concelletions must be made 48 hours
in advenne of shrxe aetup.
3. Exhibitors -equiri-ig 24-hour service or cicanl
dedicated lines will be charged at 1 add liunal 321.00
per line.
4. Wall outlets and post o.rtlets are not part of booth
spar..e. An outlet must be ordered for each booth
to be connected
5. All material and ecui nuent furnished retrai,is We
property of Owens Service Company.
S. Not responsible for voltage fluctuation or power
failure.
T. Prices include bringing circuits to the rearof exhibit
boutf 1.
MECHANIC'S SERVICE:
Should It be necessary to run lines within the booth
or hook up motors or panels, a later o.der must be
placed at he Service Desk when your equipment is
ready for such work This work will be done on a time
plus material basis. LABOR per hour straight time. 8
a.m. - 6le m., $50.00 %: hour minimum time -
ELECTRICAL CONNECTIONS:
Equipment roust have power conforming plugs or
caps. Each motor of '-HP of over must be equipped
with a fusiole switch. To avoid delay in installation all
equipment should be propery tagged and wiredwith
full information es to the kind of current, voltage, phase.
cycle, horsepower, eta, ready for cornecton. Under
O.S.H.A, we reserve the right to refuse connections
to hazardous wiring and equipment.
ORDER FORM FOR
ELECTRICAL SERVICE
OFFICE: 903-498-7635
FAX: 903-498-3699
DUPLEX OUTLETS
QI}•.
Discount Slwwsite
Pm— Cirmi;%
Rate Rats
—s amp ..... _.......................
... ..$49.Co........... ._ $78.00
—IOam:.__._........ ...........
....567.W ... ......... W.00
_20 ono ................ ............_...
W.ae__..._..._....b11010o
2CO SINGLCPI IASC
2041 TH-EE nHA6E
_20 amv......5100.00
20 Oro p..... ......... S152.00
_30 am1.......5135.:0
30 amp..........__.S2a200
40gm7.......5135.00
•10 amp ............. 537200
—50amo.......S220.00
50
SPOTLIGHTOR FLOODLIGHTr1`0 WATTS
aWndF..............
...5=-1.00_......... ... . 565.07
—Double ton stand)_....._.._..-
M.00_. S75 nn
—Tripe ion atarrl,+.......». ..... ..... 370.00............... 507.00
1000 wits PARCAN 64 ......$49.00
rrsaa5'plmW +D h�"ra.
— 24.tiour Sarriw -. -. _....
_-s2l.eu
DW c0ted Lhe..... _.._............ *21.00
k4eCh2I1K 3 $arYlCtbtl........_._.$50.60
— V,a1-1............. I ....... .....
- _..
Saba Tax will be paid by—crycnc
or provldo Texas Tax 10 Ot.
Sale Tex 0_25%
TOTAL
R�owreadn hiphawedyw"olla(r.a rrp�tlf agraON, mil for QI,o1c_
Ps/ment by:
7 VISA 0 NasterCard 0 Arneriwan Exwess O Cash -1 Check
Cord No
Expiration Data•
NRmv cn Gard IPlr�sa Pri-0
$g1latur-
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P.O. NurnWr•
SHWI,
enCM-USPACE: .--
NAME OF FIRM'
ADDPccc-
PHONE: [A( 1
Signatwo 7rY0
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 40 of 52
OWENS SERVICE ORDER FORM FOR
COMPRESSED AIR & WATER
COMPAl'iY
P.O. Box589 •Kemp, TX 7514i OFFICE: 903-498-7635
FAX: 903-498-3699
PLEASE PRINT OR TYPF7 Paym It In 8di nimst ho roadeged holsro service is connected.
NAME OF EVENT ___ — BOOTH NO
FXHIBR N&MF PHONE NO.
ADDR E$9 r'ITY STATE 21P_.-__.
AUTHORIZED PERSON -ITLE _---
ALRHORIZED S1GNA7URE _..._ —._ ., . _,.... _ EVENT DATE
PAYMENT INFORMATION: O Evbsed is my deck cr money in the amount ct $ Check tJ
OVISA ❑ MJSlarl'ard ❑ AMEX Wke check payable to Covens SwAca Co.
Credit Cord Aact. No_ �. —_.. -... ._..— Exp. Date __ 3digit card code
(Carl crAe on reverse slgnelure line - exoopt AMEX)
Nome (plras i pdritl AMhodtcr. SiOnahue —_
IN fling Address for Credil Card City Slate _ Zia
r.ssea etl, pns: e5 P_SJ * 0eadlare to pnt-mder_ 10 days plar to show
Air Cenrectlons'Noat Hell Only ADVANCE ORDFR KLOOR
,%'D QUANTITY DESCRIPTION 8—PAYMENT Q$DER Ah(OUNT
Somm(:cnnoc{loll(s)............ ......... _................. S210.00 VZ75.UU S
Equiprent CFtd - •Exhibition must furnish necessarytlter driers, repvlatora and flthas io comecl to %' Milton Quick Gmnecl
iYater Gonncnl m: 55.65 PSI. ;$6MCA Outlet %" hosekunnedan)°' DaadlIna taPre-ardor. Cne weeh {XiOt to shove.
Service Ccnstectians(a.......... S210.00 $275.00 $
OwJlmo Fill (500 valor rrssa,)l Deadline to pra-order: One -Meek prk7r ,o show'•
_,. —. Up to 500 gallons._ ................._......................... 588 0II $$76.00 $
Airand water service available tc most locations. Cmteet Owen Serv@vs Co. (or locatlen avalsbllily. lint avertable. eddirwnat
viol tv Lx in3 wrviue to booth will he charged,
"Exhlbllors must furnish necessary re,Tulttors and me pips thread for Connection.
WATER IN EAST & WEST EXF.IBrr HALL(AIR Avallabk In WEST EXHIBIT HALL ONLYI IcnNS—
Service will be broLght to the rear of th4 booth in the ace; ronvenlern manner. mood. o r;a
Any variation iom that,41 be on a lima and material baeis 950.00 per hr'A hr. minimum. urveux DIX3
Order Se,cw.. Fir,r 1 dew..r �wm. hJ1v �''Jerc
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 41 of 52
OWENS SERVICE COMPANY
18.3 Income to the City
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 42 of 52
.� Commission Percentage
18.3 income to the City
The proposed commission that Owens Service Company will pay to the Fort Worth Convention
Center for Electrical, Plumbing and Compressed Air services and Will Rogers Memorial Center
for Electrical combined is:
Eighteen percent (18%) of gross receipts for the first $1.00 to $200,000.00
Twenty Three percent (23%) of gross receipts that exceed $200,000.00
Fort Worth Convention Center commission
Eighteen percent (18%) of gross receipts for the first $1.00 to $200,000.00
Twenty Three percent (23%) of gross receipts that exceed $200,000.00
Will Rogers Memorial Center commission
Ten percent (10%) for the first 2.5 years from June 2012 to January 2015 of the gross receipts
for the first $1.00 to $200,000.00
Fifteen percent (15%) for the first 2.5 years of the gross receipts that exceed $200,000.00
Eighteen percent (18%) after the first 2.5 years of the gross receipts for the first $1.00 to
$200,000.00
Twenty Three percent (23%) after the first 2.5 years of the gross receipts that exceed
$200,000.00
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 43 of 52
OWENS SERVICE COMPANY
18.4 Proposed
Equipment and
Infrastructure
Proposed Equipment and Infrastructure
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 44 of 52
18.4 Property and Infrastructure
Power Strips- 500
Twist locks
110v- 408
136- 40 feet long
136- 25-39 feet long
136- 2-24 feet long
Misc. Wire-
6-4
8-4
10-4
10-5
12-3
12-4
12-5
Extension cords- 1500
750- 5-25 feet long round and flat
750- 26-50 feet long round and flat
208 Stringers- 55
L14
L21
L22
Crowfoot
Quads and Six Packs- 75
L14
L21
Crowfoot
Flat Cable- 23
30 feet each
Electrical Boxes with cables and plugs- 52
All the plugs for the new hall are ours
400 Amp Disconnect- 2
200 Amp Disconnect- 2
100 Amp Disconnect- 4
110 Stringers- 200
Air Lines
50 foot long- 60
100 foot long- 45
Water Lines- 15
50 foot long
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 46 of 52
OWENS SERVICE COMPANY
18.5 Corporate
Experience and
� Capacity
DCorporate Experience and Capacity
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 46 of 52
AFFIDAVIT
STATE OF TEXAS
COUNTY OF Kaufman
BEFORE ME, the undersigned authority, on this day appeared
Dianna R. Callum who upon being duly swom, on his or her oath did state:
"My name is Dianna R- Callum. I am over the age of eighteen years, am competent
to make this affidavit and have personal knowledge of the facts stated herein.
Proposer, Owens Service Company and 1, have recent experience (within the
immediate five-year period) in operating similar electric, plumbing. and compressed air services in a
major place of public assembly, such as a large multipurposdequestrian and/or convention facility
similar to the FWCC and/or WRMC that has multi -purpose facilities, including exhibition halls,
arena with a capacity of at least five thousand (5,000) persons, theater, ballroom. and various sized
meeting rooms.
The number of years and the locations at which such services were provided are as follows:
• 11 years at the Tarrant County Convention Center
• 14 years at die Fort Worth Convention Center
• 6 years at the Abilene Convention Center for Ben E Keith
• 2 years at the Amarillo Civic Center for Ben E Keith
I year at Diamond Jack's Shreveport, 1A for US Foods
Proposer certifies that it has; the ability to begin full operaC star than Juoe 20. 2012.
Dianna R. Callum
r,eeet me
SUBSCRIBED AND SWORN TO BEFORE ME on this the _q_th day of
QAAL 2012, to certify which witness my hand end otTirial seal of office.
auur:Yt¢oraossrtT I�—rU1p�,a4 / X.l�
MYCQ/YI$q,FIQ'IaFS !f
I -- t>srY�co,atmq
-- Notary Public in and for the State of Texas
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center -47 of 62
18.5.1 Firm's Qualifications
Owens Service Company has been in business for 25 years in the same location and has had
The Fort Worth Convention Center contract for the most recent 6 years. Owens Service
Company can proudly say that all the shows we have ever participated in have always been
ready to go at show opening whether it be one or many going on at the same time. We are
ready for each show and are willing to help out any way that we can. It may be a smile that
someone needs, it may be that something came in damaged and they need help to fix it, or it
may be that it was sent from overseas and needs to be converted to our power. The employees
have training and different skill levels to give each client just what they are looking for.
We have provided 4 years of financials that you requested so you can see that we have the
financial strength to keep our Company running smoothly.
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 48 of 52
18.5.2 Description of Public or Private Facilities being served
1. _)
Owens Service Company has been in business for 25 years and provided services at the
Tarrant County Convention Center prior to its sale to the City of Fort Worth_ Owens Service
Company was a part of the smooth transition from the Tarrant County Convention Center to the
Fort Worth Convention Center. It is believed that those employees of the Fort Worth Convention
Center that have worked with Owens Service Company will express a positive and
complementary opinion of our company. We welcome that inquiry.
Owens Service Company has also provided services for the Will Rogers Memorial Center and
remains interested in their need for electrical services. We believe that our reputation with Will
Rogers will also be one of confidence, trust and reliability.
We have been helping out with Ben E Keith in Abilene Convention Center, Diamond Jacks in
Shreveport, and Amarillo Civic Center to insure that their large trade shows will be the best that
they can be.
REGULARLY SERVICED EVENTS
Reo Expo
Advocare (2 times a year)
Ben E Keith
PCS- Premier Design
Southwest Vets
Imprinted Sportswear
Auto Show
RV Show
NBS (2 times a year)
Kenneth Copeland
Texas and Southwestern Cattle Raisers
AcuSport
Home & Garden Show (2 times a year)
HR Southwest
Puttin' On the Pink
DUG
Many Cheer Competitions
Many Church Events
Fort Worth Star Telegram Events
Numerous school functions for the State
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 49 of 52
l OWENS SERVICE COMPANY
18.6 Acceptance of
Conditions
Acceptance of Conditions
Contract for Exclusive Electric, Plumbing, and
Compressed Air Services at the Fort Worth Convention Center 50 of 52
18_6 Acceptance of Conditions
Owens Service Company has accepted the terms and conditions of this RFP and has included
a copy of the insurance for Fort Worth Convention Center and for the their automobiles.
When Owens Service Company has been chosen to be the Exclusive provider for Will Rogers
Memorial Center Electrical we will include them in our insurance policy.
Contract for Exclusive Electric, Plumbing, and
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CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 6/12/2012
Official site of the City of Fort Worth, Texas
M
DATE: 6/12/2012 REFERENCE NO.: **C-25653 LOG NAME: 25ELECTRICAL
SERVICE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of an Agreement with Ray Lamar Owens and Deborah Owens
d/b/a Owens Service Company to Provide Electric, Plumbing and Compressed Air Services
for Facility Users and Exhibitors at the Fort Worth Convention Center and Authorize the
Execution of an Agreement with S&H Lone Star Electric, Inc., to Provide Electrical Services
to Facility Users and Exhibitors at the Will Rogers Memorial Center (COUNCIL DISTRICTS
7 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a three-year Agreement with Ray Lamar Owens and Deborah Owens
d/b/a Owens Service Company as the exclusive provider for electric, plumbing and compressed air
services for exhibitors and facility users of the Fort Worth Convention Center to begin June 20, 2012
and expire June 19, 2015 with options to renew for three additional one-year periods; and
2. Authorize the execution of a three-year Agreement with S&H Lone Star Electric, Inc., as the
exclusive provider for electrical services for exhibitors and facility users of the Will Rogers Memorial
Center to begin June 20, 2012 and expire June 19, 2015 with options to renew for three additional
one-year periods.
DISCUSSION:
A Request for Proposal was issued on February 15, 2012, for exclusive electric, plumbing and
compressed air services for the Fort Worth Convention Center (FWCC) and electric services for the
Will Rogers Memorial Center (WRMC). Proposals were received on March 15, 2012 from the
following five companies:
1. Edlen Electrical Exhibition Services, Inc.
2. Humphrey's & Associates, Inc.
3. Freeman
4. S&H Lone Star Electric, Inc. (Lone Star Electric)
5. Ray Lamar Owens and Deborah Owens d/b/a Owens Service Company (Owens Service
Company)
Proposals were evaluated and the top three proposers were interviewed based on a predetermined
combination of qualitative and quantitative (point) measures to determine the recommendation for
award of contracts.
Both the FWCC and WRMC host many diverse events with the FWCC requiring electric, plumbing
and compressed air services and the WRMC requiring electric services. In an effort to provide a
higher level of customer service, exclusive providers are needed to offer these services to facility
users. Due to the diverse characteristics of the exhibitor requirements at the two facilities, the
committee recommended awarding the contracts to two different companies based on their overall
commission structure, value to the customer and experience.
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Owens Service Company is recommended as the exclusive provider of electric, plumbing and
compressed air services at the FWCC. Owens Service Company will pay 19 percent of gross receipts
from $1.00 to $200,000.00 and 24 percent of gross revenues over $200,000.00 to the City.
Lone Star Electric is recommended as the exclusive provider of electrical services at the WRMC.
Lone Star Electric will pay 15 percent of gross revenues.
The Department estimates additional revenue to exceed $100,000.00 in Fiscal Year 2012-2013.
AGREEMENT TERMS - Upon Council approval, the Agreements will begin June 20, 2012 and expire
June 19, 2015.
RENEWAL OPTIONS - The Agreements may be renewed at the City's option for up to three
additional one-year terms. Renewal of these Agreements by the City does not require specific City
Council approval.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by Public
Events Department and approved by the M/WBE Office because the purchase of goods and services
is from sources where subcontracting or supplier opportunities are negligible.
The facilities are located in COUNCIL DISTRICTS 7 and 9 but will serve Fort Worth residents in ALL
COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Public Events Department is
responsible for the collection of funds due to the City.
TO Fund/Account/Centers
GG04 443443 0246000 $0.00
GG04 443443 0246010 $0.00
Submitted for Citv Manaqer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Susan Alanis (8180)
Kirk Slaughter (2501)
Kirk Slaughter (2501)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16922&councildate=6/12/2O12 6/21/2017