HomeMy WebLinkAboutContract 61748VendorServices Agreement
Nitty Gritty Power Washing & Mobile Services, LLC
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VENDOR SERVICESAGREEMENT
This VENDOR SERVICES AGREEMENT (“Agreement”) is made and entered into by and
between the City of Fort Worth (“City”), a Texas home rule municipal corporation, acting by and through
its duly authorized Assistant City Manager, and Nitty Gritty Power Washing & Mobile Services, LLC
(“Vendor”), a Texas Limited Liability Corporation and acting by and through its duly authorized
representative, each individually referred to as a “party” and collectively referred to as the “parties.”
1.Scope of Services. This Agreement is for parking lot and surface lot sweeping, power
washing, and striping for the Property Management Department. (“Services”), which are set forth in more
detail in Exhibit “A,” attached hereto and incorporated herein for all purposes.
2.Term. The initial term of this Agreement is for one (1) year, beginning on the date that
this Agreement is executed by the City’s Assistant City Manager (“Effective Date”), unless terminated
earlier in accordance with this Agreement (“Initial Term”). City will have the option, in its sole discretion,
to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s)
(each a “Renewal Term”).
3.Compensation.
3.1 Total annual compensation under this Agreement will not exceed Three Hundred
Seven Thousand, Six Hundred, Ten Dollars and Zero Cents ($307,610.00). The Vendor
acknowledges that this is a non-exclusive agreement and there is no guarantee of any specific
amount of purchase. Further, Vendor recognizes that the amount stated above is the total amount
of funds available, collectively, for any Vendor that enters into an agreement with the City under
the relevant M&C or cooperative agreement and that once the full amount has been exhausted,
whether individually or collectively, funds have therefore been exhausted under this Agreement as
well.
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and provisions of this Agreement, including Exhibit “B,” which
is attached hereto and incorporated herein for all purposes.
3.3 Vendor will not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the additional
costs for such services. City will not be liable for any additional expenses of Vendor not specified
by this Agreement unless City first approves such expenses in writing.
4.Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days’ written notice of termination.
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4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
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
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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
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, or contractors.
8.Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPRSENTATIVES,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION – Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City’s use of the software or documentation in accordance with this Agreement,
it being understood that this agreement to defend, settle or pay will not apply if City modifies
or misuses the software and/or documentation. So long as Vendor bears the cost and expense
of payment for claims or actions against City pursuant to this section, Vendor will have the
right to conduct the defense of any such claim or action and all negotiations for its settlement
or compromise and to settle or compromise any such claim; however, City will have the right
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to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to
protect City’s interest, and City agrees to cooperate with Vendor in doing so. In the event
City, for whatever reason, assumes the responsibility for payment of costs and expenses for
any claim or action brought against City for infringement arising under this Agreement, City
will have the sole right to conduct the defense of any such claim or action and all negotiations
for its settlement or compromise and to settle or compromise any such claim; however,
Vendor will fully participate and cooperate with City in defense of such claim or action.
City agrees to give Vendor timely written notice of any such claim or action, with copies of
all papers City may receive relating thereto. Notwithstanding the foregoing, City’s
assumption of payment of costs or expenses will not eliminate Vendor’s duty to indemnify
City under this Agreement. If the software and/or documentation or any part thereof is held
to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or
compromise, such use is materially adversely restricted, Vendor will, at its own expense and
as City's sole remedy, either: (a) procure for City the right to continue to use the software
and/or documentation; or (b) modify the software and/or documentation to make it non-
infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement, and refund all
amounts paid to Vendor by City, subsequent to which termination City may seek any and all
remedies available to City under law.
9.Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10.Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a)Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b)Automobile Liability:
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$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. “Any
vehicle” will be any vehicle owned, hired and non-owned.
(c) Worker’s Compensation:
Statutory limits according to the Texas Workers’ Compensation Act or any other
state workers’ compensation laws where the Services are being performed
Employers’ liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 -Bodily Injury by disease;each employee
$500,000 -Bodily Injury by disease;policy limit
(d) Professional Liability (Errors & Omissions): Applicable N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers’ compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days’ notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days’ notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
City in accordance with the notice provision of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
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(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.
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:
Nitty Gritty Power Washing & Mobile Services
LLC
Leslie Wallace, President
552 Inwood Street
Fort Worth, TX 76126
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.
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15.Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16.No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor’s respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17.Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
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.
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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
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
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2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel”
and “company” has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30.Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance
with Chapter 2276 of the Texas Government Code, 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement. To the extent that Chapter 2276 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, 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 Vendor 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. 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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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
City:
Dana Burghdoff
By:Dana Burghdoff (Jul 23, 2024 17:18 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date:7/23/24
Vendor:
By:
Name: Leslie Wallace
Title: President
Date:
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By:
Name: Marilyn Marvin
Title: Interim Property Management Director
Approved as to Form and Legality:
By:
Name: Matthew A. Murray
Title: Assistant City Attorney
Contract Authorization:
M&C:24-0545 / June 25, 2024
Form 1295: 2024-1164125
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.
Denise Garcia
By:Denise Garcia (Jul 22, 202416:57 CDT)
Name: Denise Garcia
Title: Purchasing Manager
City Secretary:
By:
Name: Jannette S. Goodall
Title: City Secretary
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EXHIBIT A
SCOPE OF SERVICES
1.0 GENERAL INFORMATION
1.1 The City of Fort Worth (City) will enter into an Agreement to provide sweeping, pressure
washing, and parking lot striping services to maintain the Parking Garage and Surface Lots at
100 Fort Worth Trail as described herein on an “as needed basis” for the Property
Management Department.
1.2 Services will be provided at the 5th and Forest Park Blvd. surface lot, visitor parking lot, the
parking garage and the loading dock at 100 Fort Worth Trail, Fort Worth, Texas, 76102.
1.3 Following the award, additional goods/services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the Agreement,
may be added.
1.4 During the term of this agreement or any extensions thereof, the City may elect to increase or
decrease the frequency of sweeping. pressure washing, and parking lot striping services.
2.0 DEFINITIONS
2.1 Sweeping - removal of all debris by dustless type machine sweepers from all portions of a
garage.
2.2 Pressure washing or power washing - the use of high-pressure water spray to remove all
foreign materials to include, but not be limited to, bugs, bug dropping, spider webs, mold,
mildew, grime, loose paint, oil, grease, adhesives, sand, dirt and mud.
2.3 Parking Lot Striping, also known as Traffic Markings - provides organized traffic flow and
clearly marked parking stalls and areas for vehicles to park.
2.4 Debris - all litter, rubbish, leaves, sand, dirt, garbage, and other foreign material removable
from a paved surface with a street sweeper.
2.5 Departmental Contract Compliance Specialist and City Designee - refers to the City of Fort
Worth employees assigned to manage the compliance, oversight and/or administration of the
contract or project for the Property Management Department.
2.6 Contractor or Vendor - the person, corporation or partnership performing the services under
contract with the City.
3.0 PARKING GARAGE DETAILS
3.1 Approximate square footage to be services: 279,500
3.1.1 Elevators and inaccessible corners are not included in the scope of the Agreement.
3.2 Garage Clearance 7’0”
3.3 Four (4) levels including rooftop with a total of 835 parking spaces. The levels are named P1,
P2, P3, and P4.
3.3.1 A fifth (5) level of parking, P5, will be added to the existing structure and will consist
of approximately 250 additional parking spaces. The final number of parking spaces
will be provided at the completion of construction of the fifth (5th) level.
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3.3.2 The P1 level has two entries and two exists.
3.3.3 The P4 level has one entry and one exit.
3.3.5 Standard operating hours Monday-Friday 7:00 a.m. to 6:00 p.m.
4.0 LOADING DOCK DETAILS
4.1 Approximate square footage to be services: 16,560
4.2 The Surface underneath the dumpsters is not included in the scope of this contract. The Vendor
will not be required to move them.
4.3 Loading Dock Clearance 13’6”
4.4 Standard operating hours Monday-Friday 7:00 a.m. to 6:00 p.m.
5.0 5th AND FOREST PARK SURFACE PARKING LOT DETAILS
5.1 Approximate square footage to be services: 59,000
5.1.1 Non-paved surfaces are not included in the scope of this contract.
5.2 One-hundred and sixty-five (165) parking spaces
5.3 Between West 5th and Forest Park Blvd.
5.4 Standard operating time is from 7:00 a.m. to 6:00 p.m.
6.0 VISITOR PARKING LOT DETAILS
6.1 Approximate square footage to be services: 38,700
6.1.1 The Non-paved surfaces are not included in the scope of this contract
6.2 Ninety-six (96) parking spaces
6.3 Entry and Exit lanes
6.4 Standard operating time is from 7:00 a.m. to 6:00 p.m.
6.5 Semi-Circular Drive between the Lot and Building entry is considered part of the lot of the
purposes of this Agreement.
7.0 SWEEPING SERVICES
7.1 On a bi-monthly basis, the vendor shall provide sweeping services, utilizing commercial
sweeping equipment equivalent to TYMCO sweeper.
7.2 These services include but are not limited to, manual touch-ups with hand blower or equivalent
equipment and removal of all debris behind wheel stops and corners.
7.2.1 The sweeping operations shall begin by the end of the next business day following
notification.
7.3 Vendor shall sweep the parking garage and all surface lots including fire lanes, and the
ingress/egress approaches to the parking garage and surface lots.
7.4 Vendor shall utilize at least one sweeping machine and one blower operator.
7.5 Vendor shall sweep all entrance and exit ramps
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7.6 Vendor shall sweep all driveway areas
7.7 Vendor shall sweep all parking spaces up to guardrails.
7.8 Vendor shall provide a swept ticket report for each area swept.
7.9 The Swept ticket report shall be e-mailed to the Departmental Contract Compliance Specialist
and City Designee within three (3) business days after service has been rendered.
7.10 Swept ticket report shall include the following data.
7.10.1 Date
7.10.2 Account Number
7.10.3 Employee name
7.10.4 Time In / Time Out
7.10.5 Vehicle Unit Number
7.11 Sweeping operations may be rescheduled by the City and/or cancelled due to special events.
8.0 PRESSURE WASHING SERVICE
8.1 On a semi-annual basis, the Vendor shall provide pressure washing services at the parking
garage and surface lot locations.
8.2 The vendor should utilize eco-friendly degreasers for stains.
8.3 Skid mount power washers should be used during process which produces 230-degree water at
5000 psi (pound-force per square inch), 5.5 gpm (gallons per minute) during entire process.
8.4 The Vendor shall surface clean all driveways, parking spaces and all other floor surfaces on
garage floor.
8.4.1 This includes removing all bird droppings, dirt, etc., buildup of any kind.
8.5 Power wash all parking surfaces and sidewalks around the visitor parking lot.
8.5.1 This does not include exterior envelope of the garages. It does, however, include
washing down sidewalks from residue due to power washing activity.
8.6 Power Washing Service shall also include the following services in accordance with Federal,
State, and Local Laws:
8.6.1 Vendor shall collect, recycle, and discard waste water.
8.6.2 Vendor shall implement traffic controls for their equipment and personnel.
8.7 Vendor is responsible for all clean-up of the serviced area.
8.7.1 City dumpsters are not to be used for vendor trash disposal.
8.8 Vendors shall supply a copy of the Safety Data Sheet (SDS) for all chemicals routinely used
for the completion of services.
8.8.1 The City reserves the right to disallow the use of any chemicals.
8.9 Vendor shall apply products within product specifications determined by the product
manufacturer.
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8.10 Vendorshallberesponsibleforreplacing,atno costtotheCity,alldamagescausedbythe
Vendor’s personnel during the completion of services.
8.11 Vendor must schedule service dates with the Departmental Contract Compliance Specialist
and City Designee.
8.12 Vendor must not complete work without prior approval in the form of a purchase order
number.
8.13 The Vendor shall send a preemptive email before rendering services and after a Purchase
Order has been sent to the vendor and send a follow up email when services have been
completed.
8.13.1 If for whatever reason the services were not completed and the Vendor must return
later to finish or cannot finish, Vendor shall send a follow up email to the
Departmental Contract Compliance Specialist and City Designee.
8.14 Vendor shall contact the Departmental Contract Compliance Specialist and City Designee to
sign-in before work begins, and sign-out when work is completed
8.15 Vendor must maintain adequate staff in order to complete required service calls for the City of
Fort Worth.
8.15.1 Vendor must have staff sufficient to complete all required services within a single visit
to the required location.
8.16 Repeated no shows and/or delays of scheduled work to be completed may result in termination
of the contract.
9.0 PARKING LOT STRIPING SERVICE
9.1 Vendor shall provide parking lot striping services on an as needed basis.
9.2 Vendor shall provide all labor and equipment necessary for re-striping services of Parking
Garage and Visitor Parking Lot, following the existing layout including all lines, fire lanes,
ADA’s, arrows, curbing, hashes, crosswalks and wheel stops.
9.3 Prior to the Vendor’s first application at 100 Fort Worth Trail, a meeting will take place
between the Departmental Contract Compliance Specialist and City Designee. The vendor will
apply samples of the slip-resistant paint and obtain final approval by the above-mentioned
designated City personnel.
9.4 The Vendor shall inspect existing pavement surfaces for conditions and defects that will
adversely affect quality of work, and which cannot be put into an acceptable condition through
normal preparatory work as specified.
9.5 The Vendor shall not place markings over unsound pavements. If these conditions exist,
notify the Departmental Contract Compliance Specialist and City Designee.
9.6 Starting installation constitutes contractor’s acceptance of surface as suitable for installation.
9.7 The vendor shall layout markings using guide lines, templates and forms.
9.8 Stencils and templates shall be professionally applied.
9.9 Pricing will include, but may not be limited, to the following:
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9.9.1 4” White Parking Stall Striping
9.9.2 Single lines for surface and visitor lots
9.9.3 Double lines for garage spaces
9.9.4 Cross Hatching
9.9.5 6’ Directional Arrows (white)
9.9.6 8’ Directional Arrows (white)
9.9.7 10’ Directional Arrows (white)
9.9.8 12’ Directional Arrows (white)
9.9.9 9’ Curved Arrows
9.9.10 Multi-Directional Curve Arrows
9.9.11 12” (No Parking) Stencil (white)
9.9.12 12” Numbers ((Stencil)
9.9.13 4” Compact Car (Stencil) Black on White Background
9.9.14 ADA Handicap Symbol White with Blue Background
9.9.15 Bicycle parking symbol
9.9.16 Motorcycle parking symbol
9.9.17 Bollards
9.9.18 Electric Vehicle (EV) parking
9.9.19 Mobilization/Move-in charge
9.10 Vendor shall dispose of all refuse and debris collected during preparation operations, by
hauling to a legally established landfill for disposal of solid waste.
9.11 The Vendor shall utilize stencil lettering with approval of font by the Departmental Contract
Compliance Specialist and Designee.
9.12 The Vendor shall ensure there are thoroughly clean surfaces free of dirt, sand, gravel, oil and
other foreign matter.
9.12.1 The cost for disposal of all refuse and debris, including dump fees, shall be included in
the unit pricing on Exhibit B.
9.13 The Vendor shall protect adjacent curbs, walks, fences, and other items from receiving paint.
9.14 The Vendor will apply stripes straight and even.
9.15 The Vendor will apply marking paint in dry weather when pavement and atmospheric
temperatures are fifty (50) degrees Fahrenheit or above and are anticipated to remain above
fifty (50) degrees Fahrenheit for four (4) hours after completing application.
9.15.1 If Manufacture’s specifications state otherwise the Vendor must send a copy of the
specifications over the Departmental Contract Compliance Specialist and City
Designee.
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9.16 Barricades shallbepresentinmarkedareasduringinstallationanduntilthemarkingpaintis
dried and ready for traffic.
9.17 The Vendor shall machine clean all cracks by removing all weeds and debris.
9.17.1 The Vendor shall seal cleaned cracks with crack sealant.
9.18 The Vendor shall utilize commercial compressed air spray striping machines capable of
applying an even coating at the manufacturer’s recommended thickness in an even width
across the stripe.
9.18.1 The Vendor may also use commercial airless spray striping machine capable of
applying an even coating at the manufacturer’s recommended thickness in an even
width across the stripe.
9.19 No free hand striping, drawing, or lettering shall be allowed.
9.20 Prior to starting striping services, the Vendor shall schedule an onsite meeting with the
Departmental Contract Compliance Specialist, Departmental Designee, and Senior Skilled
Trades Technician to determine Proper pavement markings needed such as, arrows, stencil and
other signage along driving lanes, and fire lanes.
10.0 VENDOR RESPONSIBILITIES
10.1 Vendor shall provide personnel, management, supervision, quality control, materials, and
equipment to perform sweeping, pressure washing, and parking lot striping services. Service shall
include furnishing all labor, equipment, tools, fuel, materials, insurance, supervision, and all other
items incidental thereto and to perform all work necessary as specified.
10.2 The Vendor shall provide a contact for the following:
10.2.1 Owner/Business Operator contact information.
10.2.2 Supervisor available to respond via telephone, email, and or mobile during the
sweeping.
10.2.3 Customer service via telephone during all business hours.
10.3 Performance Delays: If performance of service is delayed for reasons beyond the Vendor’s
control, including but not limited to inclement weather, then the vendor shall, as soon as it is
practical: notify in writing via e-mail the Departmental Contract Compliance Specialist and City
Designee, of such delay; provide an alternate date to perform services as soon as it is reasonable;
and perform services on the alternate date, and at no additional cost.
10.4 Proof of Completion of Work: Upon completion of the services Vendor shall provide, within 5
business days, a written statement of the work performed along with photographs of the area in
which the work was performed. The written statement, which may be submitted electronically to
an email address provided by the Departmental Contract Compliance Specialist and City
Designee, shall include:
10.4.1 The location where the services were performed;
10.4.2 The approximate area cleaned;
10.4.3 A written assurance by Vendor that such work was performed.
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10.5 TheVendorshallinspecttheservicesatascheduledtimewiththeSeniorFacilities Plannerand/or
a Senior Skilled Trades Technician, following the completion of the work. The inspection shall
include, but is not limited to:
10.5.1 Review of photographs taken before, during and after the work is completed of
serviced areas.
10.5.2 Sweeping Service: Final walk-through of floor levels, checking corners, etc.
10.5.3 Pressure Washing: Final walk-through and ensuring removal of any excess water on
the floor.
10.5.4 Striping Service: Final walk-through.
10.6 The Vendor shall abide by the City of Fort Worth’s Division 2: Cosmetic Cleaning - § 12.5-315 to
§ 12.5-321 ordinance in its entirety.
10.7 Subcontracting: Vendor will not assign or subcontract any of its duties, obligations or rights under
this Agreement without the written consent of the City.
10.8 The contractor shall have the responsibility to provide and maintain all warning devices and take
all precautionary measures required by law or otherwise to protect the public during operations.
10.8.1 No separate compensation shall be paid to the contractor for the installation or
maintenance of any warning devices, barricades, lights, signs, arrow boards, or any
precautionary measures required by law or otherwise for protection of persons or
property. The City will not provide any type of work zone traffic control devices.
10.9 The Vendor shall present evidence that the business has been engaged for at least the past three (3)
years in providing services as listed in the specifications.
10.10 The Vendor shall provide at minimum three references which includes structures of similar size to
100 Fort Worth Trail.
10.11 The Vendor shall employ a well-trained staff including individuals who have had special training
with the types of floor surfaces found in 100 Fort Worth Trail.
10.12 The Vendor’s employees shall be required to wear a clean uniform bearing the Vendor’s name.
10.12.1 Employees who normally and regularly come into direct contact with the public shall
bear some means of individual identification, such as nametag or identification card.
10.13 The Vendor’s employees driving Vendor’s vehicles shall at all times possess and carry a valid
Driver’s License issued by the State of Texas which is appropriate for the type and size of the
vehicle.
10.14 The Vendor’s employees shall conduct themselves in such a manner as to avoid embarrassment to
the City of Fort Worth and shall be courteous to the public.
10.14.1 If required, the City retains the right to require any operator to be removed from
working on this contract.
10.15 All work under this contract shall be performed in such a manner as to provide maximum safety to
the public and to employees performing work.
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10.16 The Cityreservestherighttoissuearestraintor ceaseordertothecontractorwhen unsafeor
harmful acts are observed or reported relative to the performance of the work under this agreement
or when contractor is not complying with safety requirements.
10.17 The Vendor shall abide by the following:
10.17.1 Texas Manual on Uniform Traffic Control Devices.
10.17.2 Texas State Highway Standard Specifications.
10.17.3 All Federal, State, Municipal acts, statutes, rulings, ordinances, decisions, and
regulations.
10.17.4 All subsequent revisions and supplements to the above documents.
10.18 The Vendor shall ensure that no worker shall arrive on the City premises with any type of firearms
or weapons, drugs or alcohol.
10.19 The Vendor must obtain a Purchase Order number before performing any services.
10.20 Sweeping and Pressure Washing services: The Vendor warrants the Equipment, Products, and
Services are suitable for and will perform in accordance with the ordinary use for which they are
intended.
10.21 Striping services: The vendor shall guarantee that all of the work that is performed under this
contract, including all materials, and workmanship, for a minimum of one (1) year from the date
of the full acceptance of the work.
11.0 DELIVERY OF SERVICES
11.1 Addresses for Services are as follows:
11.1.1 Parking Garage and Visitor Parking Lot are at: 100 Fort Worth Trail, 76102. Note:
100 Fort Worth Trail was until recently 100 Energy Way and may need to be searched
using that address.
11.1.2 Loading Dock shipping address is: 1700 West 5th St. 76102.
11.1.3 5th and Forest Park Lot is in between 5th Street and Forest Park Blvd, 76102.
11.1.4 Exhibit A, and Aerial map of the locations, is attached as a separate document.
11.2 Scheduling for the services mentioned in the agreement should be after working hours unless
approved for during work hours in writing by the Departmental Contract Compliance Specialist
and City Designee.
11.3 The regular working hours are Monday – Friday 7 a.m.- 6 p.m. Services must be performed
between 6:01 p.m. and 6:59 a.m. unless prior arrangements have been made with the Department
Contract Compliance Specialist or City Designee.
11.4 Vendor may work between 7:00 a.m. and 6:00 p.m. on weekends and City observed holidays but
must notify City when utilizing this option.
11.5 Working with the City on scheduling is critical. Access to the Parking Garage and Loading Dock
must be provided by the onsite security team and they must be kept informed when the Vendor is
scheduled to work. The City’s representative will be responsible for communication with the
security service.
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11.6 TheCitydoesnotspecificallyrequiretheVendortoworkon holidaysbutdoesrequiretheVendor
to fulfill the requirements of the contract.
11.7 Vendor shall acknowledge receipt of Purchase Order within 48 hours.
11.8 Vendor shall give priority to the City’s request for service for the purpose of minimizing
downtime of activities that may be underway at the New City Hall or onsite personnel.
11.9 All calls or emails from the City shall be returned by Vendor within 48 hours.
11.10 Vendor shall only access the location/facility after the City has requested and scheduled services
12.0 HOLIDAYS
12.1 Vendor shall not perform service orders on City observed Holidays, unless the parties, mutually
agree.
12.2 The City observed holidays are:
12.2.1 New Year’s Day
12.2.2 Martin Luther King
12.2.3 Memorial Day
12.2.4 June 19th
12.2.5 July 4th
12.2.6 Labor Day
12.2.7 Thanksgiving Day and the following Friday
12.2.8 Christmas Day
13.0 INVOICING REQUIREMENTS
13.1 The City of Fort Worth has begun implementing an automated invoicing system.
13.2 Vendor shall send invoices electronically to the City’s centralized Accounts Payable
department invoice email address: supplierinvoices@fortworthtexas.gov. This email address
is not monitored so Vendor shall not send correspondence to this email address. The sole
purpose of the supplier invoices email address is to receive and process supplier invoices.
13.3 Vendor shall include the following on the subject line of Vendor’s e-mail: vendor name,
invoice number, and PO number, separated by an underscore (ex: Example,
Inc._123456_FW013-0000001234)
13.4 To ensure the system can successfully process invoices in an expedient manner, Vendor
shall adhere to the following requirements:
13.4.1 All invoices must be either a PDF or TIFF format.
13.4.2 Image quality must be at least 300 DPI (dots per inch).
13.4.3 Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
13.4.4 One invoice per attachment (includes PDFs). Multiple attachments per email is
acceptable but each invoice must be a separate attachment.
13.4.5 Please Vendor shall not send handwritten invoices or invoices that contain
handwritten notes.
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13.4.6 Dot matrix invoice format is not acceptable.
13.5 The invoice must contain the following information:
13.5.1 Supplier Name and Address;
13.5.2 Remit to Supplier Name and Address, if different;
13.5.3 Applicable City Department business unit# (i.e. FW013)
13.5.4 Complete City of Fort Worth PO number (i.e. the PO number must contain all
preceding zeros);
13.5.5 Invoice number; and
13.5.6 Invoice date.
13.6 Invoices shall be submitted after delivery of the goods or services.
13.7 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.
13.8 If Vendor is unable to send invoices as outlined above at this time, Vendor shall send invoices
to the City’s 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.
13.9 If electronic invoicing is not possible, Vendor shall send Vendor’s paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
100 Fort Worth Trail
Fort Worth, TX 76102
13.10 Vendor shall not include Federal, State of City sales tax in its invoices. City shall furnish a
tax exemption certificate upon Vendor’s request.
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EXHIBIT B
PAYMENT SCHEDULE
# Item UOM Unit Price
#1-1 Visitor Parking Lot - Sweeping Services EA $3,993.43
#1-2 Parking Garage - Sweeping Services (2x/month) EA $5,314.00
#1-3 Loading Dock - Sweeping Services EA $ 3,682.34
#1-4 5th & Forest Park Parking Lot - Sweeping Services EA $ 4,028.16
#1-5 Parking Garage - Pressure Washing Services EA $14,726.82
#1-6 Loading Dock - Pressure Washing Services EA $ 3,209.98
#1-7 Visitor Parking Lot - Pressure Washing Services EA $ 4,032.80
#1-8 5th & Forest Park Parking Lot - Pressure Washing Services EA $ 4,138.00
#1-9 Price per square foot (SF) for spot cleaning service for pressure
washing SF $ 0.12
#1-10 Parking Garage Parking Complete Lot Striping Services to include all
parking spots (835) and Fire Lanes EA $14,000.00
#1-11 Loading Dock - Complete Parking Lot Striping Services to include all
Parking, Docking and Fire Lane markings EA $ 1,300.00
#1-12 5th & Forest Park Parking Lot - Complete Parking Lot Striping
Services to include all parking spots (165) and Fire Lane Markings.
EA $ 2,300.00
#1-13 Visitor Parking Lot - Complete Parking Lot Striping Services to
include all parking spots (96) and Fire Lane Markings.EA $ 2,900.00
#1-14 Price per linear foot (LF) for Spot striping LF $ 0.40
#1-15 Minimum fee for spot power washing services EA $ 1,500.00
#1-16 Minimum fee for spot striping services EA $ 1,500.00
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:6/25/2024 REFERENCE
NO.:
**M&C 24-
0545 LOG NAME:
13P24-0126 PARKING LOT
SWEEPING, WASHING AND
STRIPING EC PMD
CODE:G TYPE:CONSENT PUBLIC
HEARING:NO
SUBJECT: (CD 9) Authorize Execution of Non-Exclusive Agreements with Supreme Commercial
Specialties LLC and Nitty Gritty Power Washing & Mobile Services, LLC for Parking
Garage and Surface Lot Sweeping, Power Washing, and Striping Services at City Hall in
a Combined Annual Amount Up To $307,610.00 and Authorize Four Renewal Options for
the Same Amount for the Property Management Department
RECOMMENDATION:
It is recommended that the Cit y Council authorize the execution of non-exclusive a greements with
Supreme Commercial Specialties LLC and Nitty Gritty Power Washing & Mobile Services,
LLC for parking garage and surface lot sweeping, power washing, and striping services at City Hall in
a combined annual amount up to $307,610.00 and authorize four renewal options for the same
amount for the Property Management Department.
DISCUSSION:
The Property Management Department approached the Purchasing Division to procure non-exclusive
agreements for parking garage and surface lot sweeping, power washing, and striping services for
the City's New City Hall location at 100 Fort Worth Trail. In order to procure these services,
Purchasing issued a Request for Proposal (RFP) No. 24-0126 describing the specifications for the
sweeping, power washing, and striping of the parking areas at New City Hall (NCH) needed by the
Property Management Department.
The bid was advertised in the Fort Worth Star-Telegram on February 28, 2024, March 6, 2024, March
13, 2024, March 20, 2024, and March 27, 2024. The City received thirteen (13) responses.
An evaluation panel comprised of members of the Property Management Department, the
Transportation and Public Works Department, and the Public Events Department reviewed and
scored the submittals using the Best Value criteria.
The scores were averaged for each of the criteria and the final scores are listed in the table below.
Proposer Evaluation Factors
a b c d Total Rank
Supreme Commercial
Specialties LLC 29.75 12.75 9.75 35.00 87.25 1
Nitty Gritty Power Washing &
Mobile Services, LLC 30.63 9.00 9.38 21.30 70.30 2
Lookup Properties, Inc.26.25 5.63 8.63 29.11 69.61 3
Alderink Enterprises, Inc. dba
CI Pavement 26.25 12.00 12.38 12.27 62.89 4
Precise Property Maintenance,
Inc.29.75 11.25 11.25 7.95 60.20 5
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Evaluation Criteria:
a) Qualifications and Experience
b) Resources (Equipment)
c) Resources (Personnel)
d) Cost of Services
*Clean Jet, LLC, General Striping, LLC, City Wide Building Services, LLC, O. N. Point Pressure
Washing, and Sun Scrubbers TX, LLC did not score at least 50\% or more of the total available points
for technical criteria, and, therefore, were deemed nonresponsive and did not receive pricing points.
After evaluation, the panel concluded that a multi-award to Supreme Commercial Specialties LLC and
Nitty Gritty Power Washing & Mobile Services, LLC presented the best value for the City. Therefore,
the panel recommends that the City Council authorize non-exclusive agreements with Supreme
Commercial Specialties LLC and Nitty Gritty Power Washing & Mobile Services, LLC. No guarantee
was made that a specific amount of services would be purchased. Staff certifies that the
recommended vendors' bids met specifications.
FUNDING: The maximum amount allowed under these agreements will be a combined annual
amount of $307,610.00; however, the actual amount used will be based on the needs of the
department and available budget. Funding is budgeted in the Other Contractual Services account
within the General Fund for the Property Management 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.
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.
AGREEMENT TERMS: Upon City Council approval, these agreements shall begin upon execution
and expire one year from that date.
RENEWAL TERMS: These agreements may be renewed for up to four (4) additional, one-year terms.
This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
Kept Companies 23.63 7.13 6.75 21.41 58.91 6
CCNG Enterprises, LLC 26.25 10.50 9.38 7.07 53.19 7
Trifecta Equipment, Inc.23.63 10.50 9.75 6.31 50.18 8
Clean Jet, LLC 18.38 5.63 6.00 0.00 30.00 *
General Striping, LLC 16.63 2.25 3.38 0.00 22.25 *
City Wide Building Services,
LLC 11.38 2.63 3.00 0.00 17.00 *
O. N. Point Pressure Washing 9.63 2.25 3.00 0.00 14.88 *
Sun Scrubbers TX, LLC 8.75 1.88 1.88 0.00 12.50 *
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 General Fund. Prior to an expenditure
being incurred, the Property Management Department has the responsibility to validate the
availability of funds.
BQN\\
TO
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
FROM
Submitted for City Manager's Office by:Reginald Zeno (8517)
Dana Burghdoff (8018)
Originating Department Head:Reginald Zeno (8517)
Marilyn Marvin (7708)
Additional Information Contact:Jo Ann Gunn (8525)
Eugene Chandler (2057)
ATTACHMENTS
13P24-0126 PARKING LOT SWEEPING, WASHING AND STRIPING EC PMD.docx (CFW
Internal)
13P24-0126 PARKING LOT SWEEPING, WASHING AND STRIPING EC PMD.xlsx (CFW
Internal)
Form 1295 Certificate, Nitty Gritty.pdf (CFW Internal)
Form 1295-Supreme.pdf (CFW Internal)
MWBE Waiver.pdf (CFW Internal)
SAM.gov _ Nitty Gritty.pdf (CFW Internal)
SAM.gov _ Supreme Commercial.pdf (CFW Internal)
SOS_ Nitty Gritty Powerwashing.pdf (CFW Internal)
SOS_Supreme Commercial Specialties, LLC.pdf (CFW Internal)
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