HomeMy WebLinkAboutContract 61311City Secretary Contract No. 61311
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 DMI,
Corp. ("Vendor"), each individually referred to as a "party" and collectively referred to as the "parties."
1. Scope of Services. Boiler inspection and repair services ("Services"), which are set forth
in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. Following the award
of this Agreement, additional products and services of the same general category that could have been
encompassed in the award, and that are not already made a part of the Agreement, may be added based on
the discount provided on Vendor's bid response (if applicable) and price sheet provided with Vendor's bid
response or a current quote provided from the Vendor.
2. .
3. Term. The initial term of this Agreement is for one (1) year(s) beginning on the date that
this Agreement is executed by the City's Assistant City Manager ("Effective Date") and expires one year
from that date ("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 automatic renewal option(s) (each a "Renewal Term").
4. Compensation. 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 up to the amount of Seven Hundred Fifty Thousand Dollars
($750,000.00). 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
Vendor Services Agreement Page
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
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
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will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
8. Liability 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, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/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
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documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non -infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/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.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
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Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
$100,000 -
$100,000 -
$500,000 -
Employers' liability
Bodily Injury by accident; each accident/occurrence
Bodily Injury by disease; each employee
Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 -
$1,000,000 -
Each Claim Limit
Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
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.
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11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
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
To VENDOR:
DMI, Corp.
Vince Hood, Boiler Sales, Service & Rentals
1002 KCK Way
Cedar Hill, Texas 75104
Facsimile:
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
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.
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17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. 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 Majeure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
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of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
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.
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30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2),
the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more, 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 Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods
or services that has a value of $100,000 or more 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)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:'
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: 04/23/2024
APPROVAL RECOMMENDED:
CIU/:ftovhet fta-alei'
By: Christopher Hard r (Apr 19, 2024 07:10 CDT)
Name: Chris Harder
Title: Water Department Director
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
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: Shatabya Bergland
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By:
QgYaef-
Douglas Black (Apr 23, 2024 09:59 CDT)
Name: Doug Black
Title: Sr, Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0193
Form 1295: 2024-1123421
VENDOR:
By:
Name:
Title:
Date:
/5- , 20
Vendor Services Agreement
Page 10
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
EXHIBIT A
SCOPE OF SERVICES
See next page.
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PART- 2
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) agreement is for inspection and
repair services, and replacement plants for the Heat Recovery
& Boiler Systems for the Water Department to ensure the
systems meet compliance standards and are maintained in
superior working condition.
1.2 This Agreement shall begin on the date the City Secretary
Contract is executed by the Assistant City Manager ("Effective
Date") and shall expire one year from that date, ("Expiration
Date"), unless terminated earlier in accordance with this
Agreement ("Initial Term"). Upon the expiration of the Initial
Term, the Agreement shall renew automatically under the same
terms and conditions for up to four (4) one-year renewal periods,
unless City or Vendor provides the other party with notice of
non -renewal at least 60 days before the expiration of the Initial
Term or renewal period. However, if funds are not appropriated,
the City may cancel the Agreement 30 calendar days after
providing written notification to the Contractor / Vendor.
1.3 Following the award, additional materials/ services of the
same general category that could have been encompassed in
the award of this Agreement and additional service locations,
and that are not already on the Agreement, may be added
based on the discount offered and price sheet provided with
the bid or current quote from the contractor.
1.4 Unit prices shall include all costs associated with the specified work,
including but not limited to handling, delivery, trip charges, fuel
charges, fees, and certification fees. NO ADDITIONAL CHARGES
WILL BE ACCEPTED OR PAID BY THE CITY.
1.5 Any specifications/requirements that have been omitted from this
scope of services that are clearly necessary or in conformance
shall be considered a requirement although not directly specified or
called for in the scope of services.
2.0 CHANGE IN COMPANY NAME OR OWNERSHIP
2.1 The Vendor 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.
3.0 DEFINITIONS
3.1 City Building Engineer- the City of Forth Worth employee responsible
for ensure the building systems are in working condition.
3.2 Department Contract Manager- the City of Fort Worth employee
assigned to manage the compliance, oversight and/or administration of
the contract or project for their department of employment.
3.3 Designee- a City of Fort Worth employee assigned by the Department
Contract Manager to assist with the compliance, oversight and/or
administration of the contract or project.
3.4 Emergency Repair Service- anytime a boiler system is operating at half
capacity; services that address a threat to public safety, health or real
property; and, includes restoration of services following a catastrophic
event, theft, intentional or accidental damage. Emergency service
requests require an acknowledgement of the service request within one
(1) hour or less and to be onsite within two (2) hours.
3.5 Specialty Equipment- shall include cranes, scissor lifts, or any other
aerial equipment required.
4.0 BOILER INFORMATION
4.1 Village Creek Water Reclamation Facility
4.1.1 Cleaver Brooks Model S4-3314-300
MAWP 300PSIG
Heating Surface 23,406 SQ FT
Max Design STM capacity 52,000LB/HR
4.1.2 Cleaver Brooks Model CB 700-150
MAWP 30PSIG
Input 6,277,000 BTU/HR
4.1.3 Cleaver Brooks Model CB 700-150
MAWP 150PSIG
Input 31,382,813 BTU/HR
4.2 Eagle Mountain Water Treatment Plant (Quantity: 2)
4.2.1 Raypak Model H 1-1223A-CCARCAA
MAWP 160PSIG
Input 1,222,500 BTU/HR
4.3 Rolling Hills Water Treatment Plant
4.3.1 Viessmann Model CM2 500
MAWP 75PSIG
Input 1,800,000 BTU/HR
4.4 Holly Water Treatment Plant
4.4.1 Viessmann Model B2HA 352
MAWP 60PSIG
Input 352,000 BTU/HR
5.0 CONTRACTOR RESPONSIBLITIES - The Contractor shall:
5.1 Provide all labor, materials, parts, tools, and equipment necessary to
perform inspection, maintenance, repair, and testing of Boiler Systems
in the City of Fort Worth Water Department owned/operated facilities
in accordance with the latest edition of all applicable Local, State and
Federal Laws, Codes and Regulations.
5.2 Be responsible for ensuring work is inspected by proper officials upon
completion
5.3 Perform an Annual Inspection of the Boiler System(s).
5.4 Perform two (2) Preventative Maintenance Services a year for each of
the Boiler System(s).
5.5 Be available 24 hours a day, 365 days a year for repair services.
5.6 Perform all repairs, inspections and tests in accordance with the
following applicable codes and standards:
5.6.1 National Electric Code (NEC)
5.6.2 American Society of Mechanical Engineers Boiler and
Pressure Vessel Code (ASME BPV Code)
5.6.3 National Board Inspection Code (NBIC)
5.6.4 National Electrical Manufacturer's Association (NEMA)
5.6.5 American Society for Testing and Materials (ASTM)
5.6.6 Institute of Electrical and Electronic Engineers (IEEE)
5.6.7 American National Standards Institute (ANSI)
5.6.8 Insulated Power Cable Engineering Association (IPCEA)
5.6.9 Association of Edison Illuminating Companies (AEIC)
5.6.10 State and Local Codes and Ordinances
5.6.11 Occupational Safety and Health Act of 1970 (OSHA) Subpart
S, 1910, 308
5.6.12 City of Fort Worth Engineering Standards
5.6.13 All manufacturer's instruction manuals applicable to each
particular apparatus
5.7 Have a designated representative on staff to manage operations with
respect to safety.
5.8 Ensure the safety of their employees, City employees and the general
public during performance of all services under this contract.
5.9 Ensure that all crews are fully and properly equipped to perform
services promptly and safely.
5.10 Comply with all provisions of the Occupational Health and Safety Act
(OSHA) to protect the life and health of employees and other persons;
to prevent damage to property, materials, supplies and equipment; ad
to avoid work interruptions.
5.11 Comply with the latest version of the 29 CFR 1910, Occupational
Safety and Health Standards. Compliance with OSHA and other
applicable laws and regulations for the protections of employees is
exclusively the obligation of the Contractor, and the City assumes no
liability or responsibility for Contractor's compliance or noncompliance
with such responsibilities.
5.12 Comply with all OSHA reporting requirements for record keeping and
reporting of hazardous incidents occurring. Contractor shall provide
verbal report to the City immediately, and no later than once (1)
business day, of the occurrence. The Contractor shall cooperate with
the City and provide any written documentation and information
required for record keeping purposes.
5.13 Ensure that all employees are continuously trained to meet the latest
technology, industry standards and safe use of substances identified
as health or physical hazardous by OSHA. The Contractor shall
submit proof of employee training and experience within five (5)
business days upon request by the Department Contract Manager.
5.14 Not require any person to work in surrounding or under working
conditions that are unsanitary, hazardous, or dangerous to their health
or safety.
5.15 Require all individuals assigned to the project to wear necessary
personal protective equipment required by industry standards.
5.16 Require that Contractor employees wear a uniform, or at a minimum, a
company issues identification badge.
5.17 Ensure that only authorized Contractor employees performing work
under the contract are on the worksite. No acquaintances, family
members, or any other person shall accompany a Contractor
employee in the work area.
5.18 Maintain good discipline and professionalism while performing
services for the City.
5.19 Understand and agree that the scheduling of events at City facilities
take precedence over any scheduled service request agreed to by the
Contractor and Department Contract Manager or designee. The
Contractor shall not hold the City liable, financially or otherwise, if the
City needs to reschedule services with the Contractor due to a new
event scheduled at a City facility. The Department Contract Manager
or designee will make every reasonable effort to immediately notify the
Contractor of changes in the City's schedule of events which may
have an impact on scheduled services.
5.20 Perform services in a manner as not to interrupt or interfere with the
operation of any existing activity on the premises or with the work of
another contractor. Provide all transportation required to perform the
work. Contractor shall park its vehicles in areas designated by the
City, if available. In the event the City cannot make parking
arrangements for the Contractor, the Contractor shall be responsible
for parking fees and fines. All vehicles parked on City property shall be
clearly marked with the Contractor's or subcontractor's name on both
sides of each vehicle. Magnetic signs are acceptable.
5.21 Provide ample advance notice of the need for any utility service cut
off, which will be scheduled at the convenience of the City.
5.22 Pick up and deliver equipment requiring shop work unless otherwise
requested by the Department Contract Manager or designee.
5.22.1 Compensation for pick-up and delivery of equipment shall be
reimbursed per mile required for transportation from the site to
Contractor's shop.
5.23 Provide all equipment, materials, furniture moving, labor, tools,
permits, incidentals, expendable items, personal protective equipment,
transportation necessary, including electricity and water, if not
available on site, for proper execution and completion of the service
request. The materials and services provided by the Contractor shall
comply with all Federal, State and local laws, City ordinances, rules
and regulations.
5.24 Understand that storage of apparatus, materials, supplies and
equipment shall be in an orderly fashion at the worksite in a manner
that will not interfere with the progress of the Contractor's work or any
other contractor's work.
5.25 Clean up all refuse, scrap materials, and debris caused by the
Contractor's operations on a daily basis. Work site shall present a
neat, orderly and workmanlike appearance. No such refuse, rubbish,
scrap material, and debris shall be left within completed work nor
buried on the building site or any City premises, but shall be removed
from the site by Contractor.
5.26 Complete all clean up prior to payment being made for the service
request. This shall include the removal of all surplus material,
temporary structures, and debris of every nature resulting from the
Contractor's operations, to return the worksite in a neat, orderly
condition. Thoroughly clean and leave the worksite reasonably dust
free all finished surfaces including all equipment, piping, etc., on the
interior of any buildings affected by the service. If Contractor fails to
clean up at the completion of the work, the City may clean the property
and deduct the cost from any payments owed to Contractor or bill the
Contractor to recover costs if no payments are owed.
5.27 Note and report any damage found prior to any work at a job site to
the Department Contract Manager or designee.
5.28 Understand that all work is subject to inspection and acceptance by
the Department Contract Manager or designee.
5.29 Not perform services outside what was requested in the specific
service request without first having written approval from the
Department Contract Manager or designee.
5.30 Perform work under this contract in a manner that will not adversely
affect the integrity of the building's structural, mechanical, electrical,
fire protection, and life safety systems or any other building features
that will overload or render useless any portion of the facility.
5.31 Properly prepare the surfaces to be worked on including, protection of
all non -movable items or equipment, and the proper application of all
materials.
5.32 Store, handle, and install all materials per the manufacturer's
specifications.
5.33 Inform the Department Contract Manager or designee whenever work
is expected to be hazardous to the City employees, City property, the
general public, and/or City operations.
5.34 Notify the Department Contract Manager or designee when work is to
begin at the worksite and post warning signs and/or barriers when
necessary. The Contractor and Contractor's employees shall exercise
a particularly high level of discipline, safety and cooperation at all
times while on the worksite.
5.35 Coordinate the timing and transportation of equipment or materials to
the work area.
5.36 Understand that if transportation through the interior of a facility is
required, the Contractor shall take every precaution to ensure public
safety. Under no circumstances shall the Contractor transport
equipment or materials through the interior of a facility without prior
written approval and coordination with the Department Contract
Manager or designee.
5.36.1 The Contractor shall repair any and all damage to Contractor's
or City equipment or property as a direct result of Contractor's
equipment, employees, or Contractor's subcontractor's
actions.
5.36.1.1 If damage occurs to the City's equipment or property,
Contractor shall notify the Department Contract
Manager immediately in writing. Surfaces, fixtures, or
furnishings damaged by the Contractor's employees
shall be replaced or repaired to the satisfaction of the
City by the Contractor, and at no cost to the City. The
City may, however, at its sole discretion, elect to
make repairs or replacements of damaged property
and deduct the cost from any payments owed to
Contractor or to recover costs if no payments are
owed.
5.37 Understand that the set-up area shall be protected to prevent damage
to the site grounds. This protection may be, but is not limited to, laying
out tarps or other protective materials. The Contractor shall be
responsible for any damage to surrounding building walls,
landscaping, parking lots, and sidewalks.
5.38 Meet Safety Data Sheet (SDS) guidelines on any applicable limits and
be able to install accordingly.
5.39 Be responsible for obtaining any required permits in the performance
of the work.
5.39.1 Permits cost markups will not permitted
6.0 ANNUAL INSPECTIONS — The Contractor shall:
6.1 Complete annual inspections before September 15th and services shall
be invoiced before September 30th.
6.2 Coordinate the work scheduled with the Department Contract Manager
or designee.
6.3 Complete annual inspections in the following manner:
6.3.1 Contractor shall work with the City Department Contract
Manager or designee for Boiler System Operations.
6.3.2 Investigate any problems noted by the City Building Engineer.
6.3.3 Any tests or procedures should be performed by the boiler or
pressure vessel owner or the owner's representative rather
than the inspector.
6.3.4 Replace all City -owned spare parts used for maintenance by
the Contractor or make arrangement with the Department
Contract Manager or designee to have them replaced at no
cost to the City.
6.3.5 Attach a label to all service devices upon completion of the
inspection, testing, and/or calibration.
6.3.5.1 Labels shall include the date serviced, contractor
name and technician name
6.4 Perform inspection services during regular business hours.
6.5 Advise City Building Engineer of system performance immediately
following the completion of the inspection.
7.0 REPAIR SERVICES- The Contractor shall:
7.1 Acknowledge receipt of a regular service request notification within
twenty-four (24) hours by responding via phone or email to the
Department Contract Manager or designee.
7.2 Perform all non -emergency repair services during regular business
hours: Monday- Friday, 6:30AM — 5:OOPM. Any work to be performed
outside of normal business hours, shall be approved, in writing, by the
Department Contract Manager or designee.
7.3 Not perform work during non -normal business hours, which could
have been completed during normal business hours. If this occurs, the
City shall be billed at the regular business hours labor rate.
7.4 Perform all work necessary to ensure the proper function and
operations of equipment for all boiler systems.
7.5 Not begin work without a Purchase Order from the City.
7.6 Identify repairs and/or equipment needed within 4 hours after arrival of
the first authorized maintenance personnel.
7.7 Complete repair(s) and/or obtain necessary equipment and/or parts
needed within 24 hours after arrival of the first authorized maintenance
personnel.
7.8 Complete repair(s) needed within 48 hours, if parts are required from
outside a 100-mile radius of the Boiler location.
7.9 Notify Department Contract Manager or designee in writing in the
event the Contractor needs to rent specialty equipment to perform
work.
7.9.1 Contractor shall submit a list of specialty equipment that may
be required to service boiler systems with their bid response,
and indicate if the equipment is owned or will need to be
rented. If the equipment will need to be rented,
corresponding percentage markup over the rental cost shall
be listed on the Price Submittal.
7.10 Provide a project quote for repairs, in writing, before proceeding with
non -expedited or emergency repair work.
7.11 Emergency Repair Services
7.11.1
7.11.2
7.11.3
Understand that the City may require the Contractor to
respond to emergency service requests and require the
Contractor to provide 24 hours service and respond to
emergency calls.
7.11.1.1 The Department Contract Manager or designee
shall have the sole and final authority in
determining when services will be designated as
an emergency request.
Perform an emergency repair without a Purchase Order.
Acknowledge an emergency service request within one (1)
hour or less and be onsite within two (2) hours unless
otherwise approved or agreed upon by the Department
Contract Manager or designee. The response time shall
begin at the time the call was made and end at the time the
appropriate Contractor's employee signs in at the work site.
7.11.4 Understand that emergency response services may include
after-hours, weekends, and holidays.
7.11.5 Perform all work necessary to ensure the proper function and
operations of equipment provided.
7.11.6 Notify Department Contract Manager or designee in writing
in the event the Contractor needs to rent specialty equipment
to perform work.
7.11.6.1
Contractor shall submit a list a list of specialty
equipment that may be required to service boiler
systems, and indicate if the equipment is owned
or will need to be rented. If the equipment will
need to be rented, corresponding percentage
markup over the rental cost shall be listed on the
Price Submittal.
7.11.7 Understand that emergency services are to be performed
until full service has been restored.
7.11.8 Understand that the City reserves the right to contract other
contractors to fulfill the requirements of the emergency
services in the event the Contractor cannot respond to the
emergency repair as required by this Scope of Work.
7.11.9 Understand that emergency requests for non -regular hours,
weekend hours, and/or Holiday hours shall be billed at the
corresponding labor rate on the Price Submittal.
7.11.10 Attach a label to all service devices upon completion of the
maintenance, or repairs.
7.11.10.1 Labels shall include the date serviced, contractor
and technician name.
8.0 INSPECTION AND SERVICE REPORTS- The Contractor shall:
8.1 Maintain a written record of all work activities and results, and provide
a detailed report of the inspection in accordance with ASME BPV
Code: American Society of Mechanical Engineers Boiler and
Pressure Vessel Code and/or NBIC: National Board Inspection Code.
8.2 Provide a detailed report after each service and annual inspection to
the Department Contract Manager or designee within five (5)
business days of completed service and/or inspection.
8.2.1 Contractor shall provide report in PDF format
8.2.2 Contractor shall provide a written service report to include,
but not limited to:
8.2.2.1 Name and/or description of boiler system serviced
8.2.2.2 Location, including city building name, of boiler
system serviced
8.2.2.3 Equipment performance prior to service
8.2.2.4 Equipment performance after service
8.2.2.5 Detailed description of service performed
8.2.2.6 Recommended improvement(s) to equipment
8.2.2.6.1 All recommended equipment
improvements shall be submitted in
proposal form
8.2.2.6.2 Proposal shall include the following
information:
8.2.2.6.2.1 Description of work to be
performed
8.2.2.6.2.2 Parts and/or products to be
provided
8.2.2.6.2.3 Itemized estimate of
materials, including
associated percentage
mark-up
8.2.2.6.2.4 Itemized labor costs,
including number of hours,
pay rates, and worker
classifications
8.2.2.6.2.5 A timeline, including
proposed start and
completion dates
8.3 Provide a written annual inspection report to include, but not limited
to:
8.3.1 Name and/or description of boiler system inspected
8.3.2 Location, including city building name, of boiler system
inspected
8.3.3 Equipment Performance
8.3.4 Necessary equipment repair(s)
8.3.5 Recommended improvement(s) to equipment
8.3.5.1 All necessary equipment repairs and recommended
improvements shall be submitted in proposal form
8.3.5.2 Proposal shall include the following information
8.3.5.2.1 Description of work to be performed
8.3.5.2.2 Parts and/or products to be provided
8.3.5.2.3 Itemized estimate of materials, including
associated percentage mark-up
8.3.5.2.4 Itemized labor costs, including number
of hours, pay rates, and worker
classifications
8.3.5.2.5 A timeline, including proposed start and
completion dates.
9.0 EQUIPMENT AND MATERIAL REQUIREMENTS- The Contractor shall:
9.1 Own mobile vans, trucks, and/or trailers containing test gear
necessary for inspection and repair services.
9.2 Own trucks of sufficient size for transportation of large equipment,
materials, components, and supplies in a safe manner.
9.3 Own testing equipment necessary to perform boiler repair and
maintenance services.
9.3.1 Contractor shall include a list of testing equipment available for
use on this contract in their bid response.
9.4 Be able to provide specialty equipment in order to expedite the work.
The City maintains a specialty equipment contract that can be used to
pull and set gear as needed.
9.4.1 If the City requests Contractor to provide specialty equipment,
Contractor shall invoice the City for the specialty equipment at
the cost-plus percentage included in their bid response for
parts, materials, and equipment.
9.4.2 Contractor shall submit a list a list of specialty equipment that
may be required to service boiler systems, and indicate if the
equipment is owned or will need to be rented. If the equipment
will need to be rented, corresponding percentage markup over
the rental cost shall be listed on the Price Submittal.
9.5 Use parts and materials that are factory new, free of defects in
materials and workmanship, compatible with existing materials of the
building involved, and comply with all applicable laws, ordinances,
rules, regulations, codes as approved by the City's Department
Contract Manager or designee.
9.6 Use materials that are new, unopened, and well -marked packaging
showing product and manufacturer's name. Damaged or unlabeled
materials will not be accepted. Product shall not be diluted or
reduced.
9.7 Comply with all manufacturer's recommendations as to environmental
conditions under which material installations may be made.
9.8 Request/order any materials, equipment, components and supplies
required for repairs and/or replacement of City equipment upon
approval of the quote by City Staff.
9.9 Be compensated for these purchases at the corresponding
percentage markup on the Price Submittal. The percentage markup
must be inclusive of any and all costs associated with salaries,
benefits, transportation costs, overhead -and profits. The invoice price
for the materials, equipment, components, and supplies shall be
itemized and align with what was provided in the approved quote.
10.0 PROJECT QUOTATION PROCESS- The Contractor shall:
10.1 Provide a firm fixed quotation for repair in writing before proceeding
with any repair work. When requested, Contractor shall provide an
estimate for replacement of the equipment, in lieu of repair. If job
estimates exceed $25,000 or the estimated cost is deemed
unreasonable, the City may at its discretion competitively bid the work
out as an independent contract.
10.1.1 The Department Contract Manager or designee shall
provide the Contractor with the location, onsite contact, and
general description of the service request.
10.2 Submit a firm fixed price quotation to the Department Contract
Manager or designee for each project within five (5) business days of
the service request for review by the Department Contract Manager
or designee, or at a time mutually agreed upon between the
Contractor and the Department Contract Manager or designee.
10.3 Understand the quotation will be evaluated for accuracy,
demonstrated understanding of the project scope of work, schedule,
and price.
10.4 Provide a written firm -fixed price quote, based on the labor rates
listed in the bid lines.
10.4.1 The firm -fixed price quote shall include:
10.4.1.1 Description of the work to be performed including
the type of service or products to be provided.
10.4.1.2 Itemized estimate of the materials including
associated percent markup.
10.4.1.3 Itemized estimate of any specialty rental equipment
required, including associated percent markup.
10.4.1.4 Specialty rental equipment may include, but is not
limited to, aerial lifts, earth moving equipment,
forklifts, specialty construction tools, specialty
plumbing tools.
10.4.1.5 Labor costs including number of hours, pay rates
and worker classifications.
10.4.1.6 A timeline, including proposed start and finish dates.
10.5 Understand that by submitting a firm fixed price quotation, the
Contractor understands that the submission of a firm fixed price
quotation is evidence that the Contractor has familiarized
himself/herself with the nature and extent of the work and any local
conditions that may, in any manner, affect the scope of the work to be
done, and the equipment, materials, labor, etc. Required. No variation
in price or conditions shall be permitted based on the claim of
ignorance, negligence, or false representation.
10.6 Understand that the Department Contract Manager or designee will
review the quotations and, if in agreement/approves the quote, will
issue a Department Purchase Order (PO) to the Contractor who
submitted the lowest firm fixed price quote that meets the project
scope of work requirements.
10.7 Understand that the Contractor shall not begin work without a
Purchase Order from the City.
10.8 Understand that the City reserves the right to reject any and all
quotes. If the Department Contract Manager or designee does not
agree with the lowest fixed- price quote as presented, the Department
Contract Manager or designee may contact the Contractor to discuss
and resolve. Once in agreement, the Contractor shall submit a
revised fixed -price quote for approval to the Department Contract
Manager or designee in one (1) business day, or at a time mutually
agreed to between the Contractor and the Department Contract
Manger or designee. The City may elect to reject the lowest fixed -
price quote that does not meet project scope requirements and award
to the next lowest fixed -price quote which meets the project scope of
work.
10.9 Acknowledge receipt of the PO by contacting the Department
Contract Manger or designee by email or phone and within two (2)
business days to schedule a start date. Services shall start within ten
(10) business days of written approval by the City, or at a time
mutually agreed to between the Contractor and Department Contract
Manager or designee.
10.10 Complete the work within the time stated in the firm fixed price
quotation.
10.11 Notify the Department Contract Manager or designee upon
completion of the services.
10.12 Request additional time, in writing, if the Contractor determines the
services being performed cannot be completed as specified in the
firm fixed price quotation.
10.13 Not increase the original fixed price quote for any Contractor
requested time extension due to delays caused by the contractor.
10.14 Changes to Project Quotes:
10.14.1 Acknowledge and understand that the firm fixed price quote
is the maximum amount the City will pay for the service,
regardless of increases in labor, equipment or materials
initiated by the Contractor. Contractor changes to the
approved firm fixed price quotation shall not increase the
total dollar amount of fixed price quotation.
10.14.2 Immediately notify the Department Contract Manager or
designee in writing (by email) if additions, deletions, and/or
revisions to a job assignment are needed.
10.14.3 Within one (1) business day of verbal notification, the
Contractor shall submit a written Project Quotation Change
Request to the Department Contract Manager or designee.
The City reserves the right to reject any changes to the
project firm fixed price quotation requested by the
Contractor. Under no circumstances shall the Contractor
proceed with changes to the project firm fixed price
quotation without written approval from the Department
Contract Manager or designee.
10.14.4 The Project Quotation Change Request shall include the
following:
10.14.4.1 The adjustment in the project time, if applicable.
10.14.4.2 If the City requests to change a fixed -price quote
due to a change in the scope of work that would
increase the number of labor hours required or
the amount of materials required, the Contractor
shall amend the original amount and, upon
approval and acceptance by the Department
Contract Manager, of the amended fixed -price
quote, shall be reimbursed for the changes
11.0 DELIVERY REQUIREMENTS/ PERFORMANCE OF SERVICES
11.1 Parts shall be delivered between the hours 8:00 a.m. through 4:30
p.m., Monday through Friday, unless otherwise requested by the
Department Contract Manager or designee.
11.2 The Contractor shall not deliver products on the City observed
Holidays listed in 14.2.1 - 14.2.8.
11.2.1 New Year's Day
11.2.2 Martin Luther King Jr. Day
11.2.3 Memorial Day
11.2.4 Juneteenth
11.2.5 July 4th
11.2.6 Labor Day
11.2.7 Thanksgiving Thursday and the following Friday
11.2.8 Christmas Day
11.3 The Contractor shall deliver product(s) F.O.B Destination and the City
shall reimburse Contractor for transportation costs in the amount
specified in Contractor's proposals or actual costs, whichever is lower,
if the quoted delivery terms do not include transportation costs;
provided, City shall have the right to designate what method of
transportation shall be used to ship the goods.
11.4 The place of delivery shall be set forth in the "Ship to" block of the
purchase order or release order.
11.5 The products shall be packed to secure the lowest transportation
costs and to conform to requirements of common carriers.
11.6 The products shall be packaged in accordance with commercial
practices.
11.7 Each shipping container shall be clearly and permanently marked as
follows:
11.7.1 Contractor's Name
11.7.2 Contractor's Address
11.7.3 City Building Name
11.7.4 City Building Address
11.7.5 Purchase Order Number or Purchase Change Order Number
11.7.6 Container number and total number of containers (e.g. box 1
of 4 boxes)
11.7.7 Container number bearing the packing slip or list
11.7.7.1 The City's count or weight shall be final and
conclusive on shipments not accompanied by a
packing slip or list
11.8 Contractor shall be responsible for all charges for the return to the
Contractor of any goods rejected as being nonconforming under the
specifications.
11.9 Location of Boilers
11.9.1 Eagle Mountain Water Treatment Plant
6801 Bowman Roberts Road Fort Worth, Texas 79179
11.9.2 Rolling Hills Water Treatment Plant
2500 SE Loop 820 Fort Worth, Texas 76140
11.9.3 North & South Holly Water Treatment Plant
1500 11th Avenue Fort Worth, Texas 76120
11.9.4 Village Creek Water Reclamation Facility
4500 Wilma Lane Arlington, TX 76012
12.0 CITY RESPONSIBILITIES
12.1 The City will identify the location, City contact, and description of the
service request to the Contractor.
12.2 The City will not be responsible for any alleged misunderstanding of
the work to be furnished or completed or conditions surrounding the
performance. It is understood that the signed contract by the
Contractor serves as a stated commitment to fulfill all the conditions of
the contract.
12.3 The City reserves the right to reject workers provided by the successful
Contractor if they are found to be unacceptable before or after starting
on the job to which they have been assigned.
12.4 The City shall supply Contractor with equipment shop drawings,
operations and maintenance manuals, engineering drawings and
specifications, and any additional equipment and/or system information
that would assist the Contractor prior to the start of inspections, testing,
and/or calibrations.
12.5 The City shall notify the Contractor when boiler systems become
available for maintenance, and inspection testing, or calibration.
12.6 The City shall inspect the products upon delivery before accepting
delivery of products.
13.0 WARRANTY
13.1 The Contractor shall provide a minimum 12-month manufacturer
warranty on parts against all defects and a minimum 12-month
warranty on workmanship, commencing on the date of delivery or
performance of service at the City of Fort Worth location.
13.2 The 12-month warranty on workmanship shall fully compensate for
labor, travel expenses, and materials to address the warranty repair.
14.0 LAWS, REGULATIONS, AND ORDINANCES
14.1 The Vendor shall be responsible for meeting all Federal: laws,
ordinances and regulations; State: laws, ordinance and regulations;
County: laws, ordinances and regulations; and City: laws,
ordinances, and regulations for safety of people, environment, and
property. This includes, but is not limited to, all Federal, State,
County, and City Agencies, Administrations and Commissions such
as the Environmental Protection Agency (EPA), Occupational Safety
and Health Administration (OSHA), and the Texas Commission on
Environmental Quality (TCEQ). In the event any law, regulation or
ordinance becomes effective after the start of this Agreement, the
Vendor is required to comply with new policy. Any mandates
requiring the City to comply with new guidelines will also require the
Vendor to comply.
15.0 INVOICING REQUIREMENTS
15.1 The City of Fort Worth has implemented an automated
invoicing system.
15.2 The Vendor shall send invoices electronically to our centralized
Accounts Payable department invoice email address:
supplierinvoices@fortworthtexas.gov. This email address is not
monitored so please do not send correspondence to this email
address. The sole purpose of the supplier invoices email
address is to receipt and process supplier invoices.
15.3 Please include the following on the subject line of your e-mail:
Vendor name, invoice number, and PO number, separated by
an underscore (ex: Example, Inc._123456_FW013-
0000001234)
15.4 To ensure the system can successfully process your invoice in
an expedient manner, please adhere to the following
requirements:
• All invoices must be either a PDF or TIFF format.
• Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment (i.e. no invoice in
the body of the email).
• One invoice per attachment (includes PDFs). Multiple
attachments per email is acceptable but each invoice must
be a separate attachment.
• Please do not send handwritten invoices or invoices that
contain handwritten notes.
• Dot matrix invoice format is not accepted.
• The invoice must contain the following information:
• Supplier Name and Address;
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit# (i.e. FW013)
• Complete City of Fort Worth PO number (i.e. the PO
number must contain all preceding zeros);
• Invoice number;
• Invoice date; and
• Invoices should be submitted after delivery of the goods or
services.
15.5 To prevent invoice processing delays, please do not send
invoices by mail and email and please do not send the same
invoice more than once by email to
supplierinvoices@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.
15.6 If you are unable to send your invoice as outlined above at this
time, please send your invoice to our centralized Accounts
Payable department instead of directly to the individual city
department. This will allow the city staff to digitize the invoice
for faster processing.
15.7 If electronic invoicing is not possible, you may send your paper
invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
The City's goal is to receive 100% of invoices electronically so that all
supplier payments are processed efficiently. To achieve this goal, we
need the Vendor's support.
If Vendor has any questions, please contact the Accounts Payable
team at (817) 392- 2451 or by email to
ZZ FIN AccountsPayable@fortworthtexas.gov.
15.8 Vendor shall not include Federal, State of City sales tax in its
invoices. City shall furnish a tax exemption certificate upon
Vendor's request.
16.0 UNIT PRICE ADJUSTMENT
16.1 The unit prices may be adjusted for increases or decreases in
Vendor's cost during the renewal period but before the effective
date of the renewal upon written request from the Vendor.
16.2 The Vendor must submit its price adjustment request, in writing,
at least 60 days before the renewal effective period. The
Vendor shall provide written proof of cost increases with price
adjustment request.
16.3 If the City concludes that the rate increase being requested is
exorbitant, the City reserves the right to adjust the rate request,
or reject the rate request in its entirety and allow the contract to
expire at the end of the contract term. If the City elects not to
exercise the renewal option, the Purchasing Division will issue
a new solicitation.
16.4 Prices bid shall remain firm for each one-year term of the
Agreement and shall include all associated freight and delivery
costs.
16.5 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.
16.6 Upon expiration of the Agreement term the successful bidder,
agrees to hold over under the terms and conditions of this
Agreement for a reasonable period of time to allow the city to
re -bid an agreement, not to exceed ninety (90) days. Vendor
will be reimbursed for this service at the prior agreement
rate(s). Vendor shall remain obligated to the City under all
clauses of this Agreement that expressly or by their nature
extends beyond and survives the expiration or termination of
this Agreement.
16.7 Goods and/or services shall not be suspended by the Vendor
without a 30-day prior written notice to the City.
17.0 PERFORMANCE
17.1 Failure of the City to insist in any one or more instances upon
performance of any of the terms and conditions of this
Agreement shall not be construed as a waiver or relinquishment
of the future performance of any terms and conditions, but the
Vendor's obligation with respect to such performance shall
continue in full force and effect.
18.0 SUBCONTRACTING
18.1 Subcontracting of the work under this contract will be allowed
with written permission from the City.
19.0 HAZARDOUS CONDITIONS
19.1 The Vendor is required to notify the City immediately of any
hazardous conditions and/or damage to any property.
19.2 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 Vendor shall contact City of Fort
Worth Code Compliance at 817-392-1234
20.0 CONTRACT ADMINISTRATION AND TERMINATION
20.1 Contract administration will be performed by the City
Department. In the event the Vendor fails to perform according
to the terms of the agreement, The Department head or his/her
designee will notify the Vendor, in writing, of its failures. A
meeting may be arranged to discuss the Vendor's deficiencies.
A written cure notice may be prepared giving the Vendor 14
calendar days to cure any deficiency.
20.2 In the event the Vendor 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 Vendor may be held liable for excess
cost and/or liquidated damages.
20.3 The Vendor will be paid only those sums due and owing under
the agreement for services satisfactorily rendered, subject to
offset for damages and other amounts which are, or which may
become, due and owing to the City.
20.4 The City reserves the right to terminate this agreement, or any
part hereof, for its sole convenience. In the event of such
termination, the Vendor shall immediately stop all work
hereunder and shall immediately cause any and all of its
suppliers and subVendors to cease work. Subject to the terms
of this agreement, the Vendor shall be paid a percentage of the
agreement price reflecting the percentage of the work
performed prior to the notice of termination, plus reasonable
charges the Vendor can demonstrate to the satisfaction of the
City using its standard record keeping system, have resulted
from the termination. However, in no event shall the total of all
amounts paid to the Vendor exceed the agreement price. The
Vendor shall not be reimbursed for any profits which may have
been anticipated, but which have not been earned up to the
date of termination.
21.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR
AGREEMENT
21.1 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.
22.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL
ACT
22.1 Vendor shall comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
23.0 DEBARMENT AND SUSPENSION
23.1 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.
24.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352)
24.1 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.
24.2 Bidders shall provide proof of Byrd Anti -Lobbying Amendment
certification filings with their bid, if the bid exceeds $100,000.00.
25.0 NO BOYCOTT OF ISRAEL
25.1 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.
26.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES
26.1 Vendor acknowledges that in accordance with Chapter 2274 of
the Texas Government Code, as added by Acts 2021, 87th Leg.,
R.S., S.B. 13, § 2, the City is prohibited from entering into a
contract for goods or services that has a value of $100,000 or
more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless
the contract contains a written verification from the company that
it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning
ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B.
13, § 2. To the extent that Chapter 2274 of the Government Code
is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the
term of this Agreement.
27.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
27.1 Vendor acknowledges that except as otherwise provided by
Chapter 2274 of the Texas Government Code, as added by Acts
2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from
entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public
funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from
the company that it: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the
term of the contract against a firearm entity or firearm trade
association. The terms "discriminate," "firearm entity" and
"firearm trade association" have the meaning ascribed to those
terms by Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that
Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that
Vendor: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm
trade association; and (2) will not discriminate against a firearm
entity or firearm trade association during the term of this
Agreement.
28.0 RIGHT TO AUDIT
28.1 Vendor agrees that City shall, until the expiration of three (3)
years after final payment under the Agreement, have access to
and the right to examine any directly pertinent books, documents,
papers and records of Vendor involving transactions relating to
the Agreement. Vendor agrees that City shall have access during
normal working hours to all necessary Vendor facilities and shall
be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section.
City shall give Vendor reasonable advance notice of intended
audits.
City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
See next page.
Vendor Services Agreement Page 12 of 12
FORT WORTH.
REVISED PRICE SUBMITTAL
Event ID
CFWD1-2l-0011
Page
3
Event Round Version
1 3
Event Name
ITB Boiler Inspection & Repair Services
Start Time Finish Time
11/30/2023 12:00:00 CST 1/11/2024
13:30:00 CST
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Hall Purchasing
200 Texas St. (Lower Level Rm 1501)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Description:
Journeyman/Boiler Mechanic
(Regular Business Hours: Monday -Friday 6:30AM - 5PM)
Line: 2
Description:
Control/Burner Technician
(Regular Business Hours: Monday -Friday 6:30AM - 5PM)
Line: 3
Description:
Supervisor/Engineering
(Regular Business Hours: Monday -Friday 6:30AM - 5PM)
Line: 4
Description:
Journeyman/Boiler Mechanic
(After Hours: Monday -Thursday 5:01 PM - 6:29AM)
Line: 5
Description:
ControVBurner Technician
(After Hours: Monday -Thursday 5:01PM - 6:29AM)
Line: 6
Description:
Supervisor/Engineering
(After Hours: Monday -Thursday 5:01 PM - 6:29AM)
Line: 7
Description:
Journeyman/Boiler Mechanic
(Weekend Hours: Friday 5:01 PM - 6:29AM, all day
Saturday and Sunday, and Monday 12:01AM - 6:29AM)
Line: 8
Description:
Control/Burner Technician
(Weekend Hours: Friday 5:01 PM - 6:29AM, all day
Saturday and Sunday, and Monday 12:01AM -
6:29AM)
Qty
115.00
Qty
435.00
Qtv
136.00
Qty
109.00
Qty
115.00
Qty
49.00
Unit
HR
Unit
HR
Unit
HR
Unit
HR
Unit
HR
Unit
HR
Qty Unit
90.00 HR
Qtv
72.00
Unit
HR
UnitPrice
$99.75
UnitPrice
$120,75
UnitPrice
$157.50
UnitPrice
$149.62
UnitPrice
$181.12
UnitPrice
$236.25
UnitPrice
$149.62
UnitPrice
$181.12
Total
$11,471.25
Total
$52,526,25
Total
$21,420.00
Total
$16,308,58
Total
$20,828,80
Total
$11,576.25
Total
$13,465,80
Total
$13,040.64
ITB 24-0011
Boiler Inspection & Repair Services
Page 3 of 63
FORT WORTH.
REVISED PRICE SUBMITTAL
Event ID Page
CFW01-24-0011 4
Event Round Version
1 3
Event Name
ITB Boiler Inspection & Repair Services
Start Time Finish Time
11/30/2023 12:00:00 CST 1111/2024 13:30:00 CST
Line: 9
Description:
Supervisor/Engineering (Weekend Hours: Friday
5:01PM - 6:29AM, all day Saturday and Sunday, and
Monday 12:01AM - 6:29AM)
Qtv
30.00
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Hall Purchasing
200 Texas St. Lower Level Rm 1501)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Unit
HR
Line: 10
Description: Qty Unit
Journeyrnari/Bolter Mechanic (City -observed Holidays) 47.00 HR
Line: 11
Description:
Control/Burner Technician (City -observed Holidays)
Line: 12
Description:
Supervisor/Engineering (City -observed Holidays)
Line: 13
Description:
Annual Inspection/Make Ready, Cleaver Brooks Model
S4-3314-300, 300PSIG
Line: 14
Description:
Mid -Year Preventative Maintenance Services, Cleaver
Brooks Model S4-3314-300, 300PSIG
Line: 15
Description:
Annual Inspection/Make Ready, Cleaver Brooks Model CB
700-150, 30PSIG
Line: 16
Description:
Mid -Year Preventative Maintenance Services, Cleaver
Brooks Model CB 700-150, 30PSIG
Line: 17
Description:
Annual Inspection/Make Ready, Cleaver Brooks Model CB
700-150, 150PSIG
Qty
67.00
Qty
32.00
Qty
1.00
Qty
2.00
Qty
1.00
Qty
2,00
Qty
1.00
Unit
HR
Unit
HR
Unit
EA
Unit
EA
Unit
EA
Unit
EA
Unit
EA
UnitPrice
$236.25
UnitPrice
$149.62
UnitPrice
$181.12
UnitPrice
$236.25
UnitPrice
$26,471.00
UnitPrice
$7,273.00
UnitPrice
$11,765.00
UnitPrice
$1,491.00
UnitPrice
$11,765.00
Total
$7,087.50
Total
$7,032.14
Total
$12,135.04
Total
$7,560.00
Total
$26,471.00
Total
$14,546.00
Total
$11,765.00
Total
$2,982.00
Total
$11,765.00
ITB 24-0011
Boiler Inspection & Repair Services
Page 4 of 63
FORT WORTH®
REVISED PRICE SUBMITTAL
Event ID
CF401-24-0011
Page
5
Event Round Version
1 3
Event Name
ITB Boiler Inspection & Repair Services
Start Time Finish Time
11/30/2023 12:00:00 CST 1/11/2024
13:30:00 CST
Line: 18
Description:
Mid -Year Preventative Maintenance Services, Cleaver
Brooks Model CB 700-150, 150PSIG
Line: 19
Description:
Annual Inspection/Make Ready, Raypak Model H1-1223A
CCARCAA
Line: 20
Description:
Mid -Year Preventative Maintenance Services, Raypak
Model H1-1223A-CCARCAA
Line: 21
Description:
Annual Inspection/Make Ready, Viessmann Model CM2 500
Line: 22
Description:
Qty
2.00
Qtv
2.00
Qty
4.00
Qty
1.00
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - CityHall Purchasing
200 Texas St. Lower Level Rm 1501)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Unit
EA
Unit
EA
Unit
EA
Unit
EA
Qtv Unit
Mid -Year Preventative Maintenance Services, Viessmann 2.00 EA
Model CM2 500
Line: 23
Description:
Annual inspection/Make Ready, Viessmann Model B2HA
352
Line: 24
Description:
Mid -Year Preventative Maintenance Services, Viessmann
Model B2HA352
Line: 25
Description:
Pick-up and delivery of equipment requiring shop work, rate
per mile
Qty
1.00
tat/
2.00
Qty
5.00
Unit
EA
Unit
EA
Unit
EA
Line: 26
Description: Qty Unit
Parts 31) % Markup Over Wholesale 200,000.00 DO
Quantity listed is the estimated annual cost. An example of
the total to be listed on this line item is $200,000 + $20,000
(unit price) (10% MARKUP) =$220,000.
UnitPrice
$1491.00
UnitPrice
$1,491.00
UnitPrice
$1,491.00
UnitPrice
$1,491.00
UnitPrice
$1,491.00
UnitPrice
$1,491.00
UnitPrice
$1,491.00
UnitPrice
$743.00
UnitPrice
$60,000.00
Total
$2,982,00
Total
$2,982.00
Total
$5,964.00
Total
$1,491.00
Total
$2,982.00
Total
$1,491,00
Total
$2,982.00
Total
$3,712.00
Total
$260,000.00
ITB 24-0011
Boiler Inspection & Repair Services
Page 5 of 63
FORT WORTH.
REVISED PRICE SUBMITTAL
Event ID
CFW01-24-0011
Page
6
Event Round Version
1 3
Event Name
ITS Boiler Inspection & Repair Services
Start Time Finish Time
11/30/2023 12:00:00 CST 1/11/2024
13:30:00 CST
Line: 27
Description:
Specialty Equipment 20 % Markup over
Rental Cost. Quantity listed is the estimated
annual cost. An example of the total to be listed
on this line item Is $20,000 + $2,000 (unit price)
(10% MARKUP) =$22,000.
Line: 28
Description:
Boiler Master Rehabilitation Project;
Includes removal, rehabilitation, and re-
installation of the stack, transition
piece, and the main valve. See
Attachment H for detailed description.
Line: 29
Description:
Duct Burner Rehabilitation Project;
Includes removal, rehabilitation services,
and re -installation of the duct burner.
See Attachment H for detailed
description.
Line: 30
I -Ascription:
Duct Burner Replacement Project;
Includes purchase, installation, and trial
testing. See Attachment H for detailed
description.
Line: 31
flescription•
Purchase & Installation of an isolation/
guillotine gate, fan, motor, and controls
between the duct burner and the Heat
Recovery Stearn Generation (HRSG).
See Attachment H for detailed
description.
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Hall Purchasing
200 Texas St. (Lower Level Rm 1501)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Qty Unit
20,000.00 DO
Qty
1.00
Unit
EA
Qty Unit
1.00 EA
Qty
1.00
Qty
1.00
Unit
EA
Unit
EA
Line: 32
Description: QLV Unit
Removal of current Turbine Generator 1 1.00 EA
(TG1) Exhaust bypass Stack, silencer,
and diverter valve and installation and
insulation of a new transition duct. See
Attachment H for detailed description.
UnitPrice
$4,000.00
UnitPrice
$256,308.00
UnitPrice
$295,718.00
UnitPrlce
$295,718.00
UnitPrice
$143,734.00
UnitPrice
$167,020.00
Total Bid Amount:
A bid of 0 (zero) will be Interpreted by the City as a no -charge (free) item and the City will not be expected to pay for that item.
Total
$24,000,00
Total
$256,308.00
Total
$295,718.00
Total
$295,718.00
Total
$143,734.00
Total
$167,020.00
$1,729,068.25
A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Offerer does not wish to bid on that item. Be
advised, a "no bid" or no response may be considered as non -responsive and may result in disqualification of the bid response.
Prompt Payment Discount Terms: 1 % Percent Net 15 Days (I.e. 3% Net 15, etc.) If no discount is offered, please, fill in
„0„
ITB 24-0011
Bolter Inspection & Repair Services
Page 6 of 63
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/19/24 M&C FILE NUMBER: M&C 24-0193
LOG NAME: 13P ITB 24-0011 BOILER INSPECTION & REPAIR SERVICES AW WATER
SUBJECT
(ALL) Authorize Execution of an Agreement with DMI, Corp. for Boiler Inspection and Repair Services for the Water Department in an Annual
Amount Up to $750,000.00 for the Initial Term and Authorize Four One -Year Renewals for the Same Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with DMI, Corp. for boiler inspection and repair services for the
Water Department in an annual amount up to $750,000.00 for the initial term and authorize four one-year renewals for the same annual amount.
DISCUSSION:
The Water Department approached the Purchasing Division for assistance insecuring an agreement for replacement parts, inspection, and repair
services for the heat recovery and boiler systems at the water and wastewater treatment plants to ensure they meet compliance standards and are
maintained in superior working condition. The boilers produce high-pressure steam to generate electricity for the plant. Purchasing
issued Invitation to Bid (ITB) 24-0011 that consisted of specifications including the American Society of Mechanical Engineers (ASME) Code and
the National Board of Boiler and Pressure Vessel Inspectors (NBBI) certifications to perform work on the systems, as well as the
equipment, safety, and warranty requirements.
The ITB was advertised in the Fort Worth Star -Telegram on 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 two responses.
An evaluation panel consisting of representatives from the Water and Transportation & Public Works Departments reviewed and scored the
submittals using Best Value criteria. During the technical evaluation, one bidder, McCloskey Mechanical Contractors, Inc, 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. The individual
scores were averaged for each of the criteria and the final scores are listed in the table below.
Bidder
Evaluation Factors
a
b
c
d
Total score
DMI, Corp.
14.67
19.83
9.50
30.00
74.00
McCloskey
Mechanical
Contractors,
Inc
6.67
15.17
8.00
Bidder did not
score 50% of the
technical points;
therefore, cost was
not evaluated
Bidder did not
score 50% of the
technical points;
therefore, cost was
not evaluated
Best Value Criteria:
a. Contractor's qualifications, related experience, and references
b. Contractor's ability to meet the City's needs
c. Contractor's timeframe to respond to regular and emergency service requests and perform the requested services
d. Cost of service
After evaluation, the panel concluded that DMI, Corp. presented the best value. Therefore, the panel recommends that Council authorize an
agreement with DMI, Corp. 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 Water & Sewer Fund for the Wastewater Power & Heat Generation Department.
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 automatically for four (4) one-year terms. This action does not require specific City Council
approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by
relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated.
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.
Submitted for City Manager's Office by:
Originating Business Unit Head:
Additional Information Contact:
Reginald Zeno
Fernando Costa
Reginald Zeno
Christopher Harder
Jo Ann Gunn
Alyssa Wilkerson
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