HomeMy WebLinkAboutContract 61886City Secretary Contract No. 61886
FORT WORTH.
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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 ACME
UTILITY INSPECTION SERVICES, INC. ("Vendor"), each individually referred to as a "party" and
collectively referred to as the "parties."
1. Scone of Services. Vacuum truck waste pumping and hydro excavation 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. Term. The initial term of this Agreement is for one 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 renewal option(s) (each a "Renewal Term").
3. Comnensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement up to the amount of Six Hundred Fifty Thousand Dollars
($650,000.00). The Vendor acknowledges that this is a non-exclusive agreement and there is no guarantee
of any specific amount of work. 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 Mayor and Council ("M&C") and that once the full amount has been exhausted, whether
individually or collectively, 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-annrovriation 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.
OFFICIAL RECORD
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CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
4.3 Duties and Oblia_ ations 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
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. Indeuendent 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
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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, 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, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE 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
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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/or documentation with equally suitable,
compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Assignment and Subcontracting.
9.1 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.
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10.2
(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):
$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.
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.
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(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
I I . Compliance with Laws, Ordinances, Rules and 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:
Acme Utility Inspection Services, Inc.
Kyle Dowdy, President
2512 Glenda Lane
Dallas, TX 75229
14. Solicitation of Emolovees. 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.
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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
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 Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the 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. W rrantv 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
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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 Nationalitv Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all 1-9
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 Authoritv. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Companv Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
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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 Bovcottine Enerev Comuanies. 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: August 22, 2024
APPROVAL RECOMMENDED:
By: Christopher Hafder (Aug 19, 202412:05 CDT)
Name: Chris Harder
Title: Water Department Director
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By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Acme Utility Inspection Services, Inc.
By: 1 A
Name: Kyle Dowdy
Title: President
Date: August 14 , 2024
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.
s a
By: r
Name: Shatabya Bergland
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By: Douglas Black (Aug 22, 202410:15 CDT)
Name: Doug Black
Title: Sr. Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0634
Form 1295:2024-1185391
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
See next page.
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SCOPE OF SERVICES
The City of Fort Worth (City) is seeking to establish non-exclusive contracts for
Vacuum Truck Waste Pumping Services to assist with routine and emergency
services at water and wastewater treatment plants, wastewater lift stations,
wastewater meter stations, and at project sites throughout the City on an "as
needed basis" for the Water Department.
1.0 PROPOSER RESPONSIBILITIES
1.1 Emergency Mobilization — Upon verbal notification by the City, the
Contractor shall mobilize and initiate work at the designated work site
within two (2) hours from notification. An example of a situation
requiring emergency mobilization is a wastewater lift station backup.
Emergency mobilizations shall be compensated per the unit price
included on the Bid Table.
1.2 Normal Mobilization — Upon written notification by the City, the
Contractor shall mobilize and initiate work at the designated work site
within two (2) business days from notification. There will be no direct
compensation to the Contractor for normal job mobilizations.
1.3 Large Jet -Vac Truck Utilization & Operator — The large jet -vac truck
shall have a debris tank with a minimum eight (8) cubic yard capacity,
a minimum suction blower capacity of 27 inches of mercury (Hg),
and/or pumper with the capability to produce 170 gallons per minute
(gpm) flow rates at 2,500 pounds per square inch (psi) pressure. Work
shall be measured and paid per large jet -vac truck and operator on the
site of the work request, per hour utilized to the nearest quarter hour.
Transportation time to and from the work request site shall not receive
any direct compensation.
1.4 Vacuum Tanker Truck Utilization — The vacuum tanker truck shall
have a minimum 5,000-gallon tank capacity along with a suction
pump with at least 1,000 gpm capacity. Work shall be measured and
paid per tanker truck and operator on the site of the work request, per
hour utilized to the nearest quarter hour. Transportation to and from
the work request site shall not receive any direct compensation.
1.5 Waste Disposal — Work shall be measured and paid per cubic yard of
all bulk sludge, grit, water plant debris, and wastewater collection
system debris, removed and disposed of as part of the completion of
the work request. Liquid removed from the wastewater collection
Page 1 of 11
system and discharged directly back into the wastewater collection
system shall receive no direct compensation but will be considered
incidental to the jet -vac or tanker truck utilization rate. The Contractor
shall provide the City with all copies of waste manifests/trip tickets
and disposal records prior to issuing an invoice.
1.6 Temporary Installation of Sewer Plugs, Various Diameters — Work
shall include the setup, installation, maintenance, and removal of
plugs and flow through plugs as required to restrict or control water
and wastewater flows through an area to be bypass pumped or as a
means of controlling flows. Work shall be measured per plug installed
and maintained per five (5) calendar days.
1.7 Additional Field Personnel Support — Work shall be measured and
paid per field personnel assigned to the work order, per hour of work
performed. Jet -vac and tanker truck utilization rates shall include the
costs of one operator each. Any additional operators/laborers needed
for work request completion will be compensated at the hourly rate
for additional field personnel support. Additional field personnel shall
be approved prior to the performance of services by Water
Department staff.
1.8 Gravity Line Crawl Closed -Circuit Television (CCTV) - Various
Diameters per Linear Foot (LF). The Contractor shall include all
labor, materials, and equipment necessary to perform a pre and/or post
cleaning inspection of a sanitary sewer main by means of a
mechanically driven camera mounting on a track or wheeled device
with a live feed. In addition to the labor, materials, and equipment, the
contractor shall also include within the unit price on the Bid Table, all
the costs for data storage, data transmission, and a stand-alone
external drive containing each line NASSCO Pipeline Assessment
Certification Program (PACP) coded IT Pipes data set with video. The
CCTV data collection video (MPEG 4 H.264) shall be able to pan, tilt
and zoom and will be provided to the department with the PACP
Report.
1.9 Gravity Line Float CCTV - Various Diameters per Linear Foot (LF).
The Contractor shall include all labor, materials, and equipment
necessary to perform a pre and/or post cleaning inspection of the
sanitary sewer main by means of a floatation platform camera with a
live feed. In addition to the labor, materials, and equipment, the
Page 2 of 11
contractor shall include within the unit price on the Bid Table all costs
for data storage, data transmission, data analysis, and deliverables.
1.10 Siphon by Sonar — Various Diameters per Linear Foot (LF). Sonar
data shall be utilized by City for a detailed condition assessment of the
pipe, determination of cleaning quantities and/or as a verification of
the effectiveness of the cleaning process. The Contractor shall include
all labor, materials, and equipment necessary to perform a pre- and/or
post -cleaning Sonar inspection of siphons. In addition to the labor,
materials, and equipment, the contractor shall include within the unit
price on the Bid Table all costs for data storage, data transmission,
data analysis, and deliverables.
1.11 Hydro Excavation Unit — Vacuum unit and pressurized water to
remove material over or around sensitive objects. An example of a
situation requiring a hydro excavation unit is when soil needs to be
removed around electrical hazards or utility lines. The Contractor
shall include the cost of labor, the vacuum truck, the pressurized hose,
and all other necessary equipment to perform the work in the unit
price. Materials removed will be dumped onsite and backfilling the
area excavated will be completed by City staff.
1.12 Core Drilling Services — Services used to determine the location and
depth of an underground utility. The Contractor shall clean up the area
at the end of the workday, and properly dispose of any materials
removed. The unit price for the core drilling services shall include
labor and all equipment necessary to perform the work at an hourly
rate.
1.13 Backfill Services — Services used to backfill the holes made by core
drilling. The unit price for the backfill services shall include labor and
all equipment necessary to perform the work at an hourly rate. The
materials used to backfill the holes will be charged separately.
1.13.1 Asphalt Pavement - Holes will be backfilled with controlled
low strength material (flowable fill) and the asphalt section will
be replaced to full depth with commercially available cold mix
asphalt.
1.13.2 Concrete pavement - holes will be backfilled with controlled
low strength material and the concrete section will be replaced
to full depth with commercially available grout.
Page 3 of 11
1.13.3 Any other coring/drilling activity - holes will be backfilled with
compacted native material.
2.0 EQUIPMENT REQUIREMENTS — The Contractor shall own
2.1 At least three vacuum tanker trucks with a minimum 5,000-gallon
tank capacity along with a suction pump with at least 1,000 gpm
capacity.
2.2 At least three large jet -vac trucks with debris tank with a minimum
eight (8) cubic yard capacity, a minimum suction blower capacity of
27 inches of mercury (Hg), and/or pumper with the capability to
produce 170 gallons per minute (gpm) flow rates at 2,500 pounds per
square inch (psi) pressure.
2.3 All vehicles and equipment used in the transportation, storage, and
disposal of debris removed in the cleaning operations are required to
meet criteria as described in City of Fort Worth Ordinance No. 12274,
Article VII "Liquid Wastes" and City of Fort Worth Ordinance No.
15496, an amendment to City of Fort Worth Ordinance No. 12274.
These ordinances are included as separate documents, RFP-08-City of
Fort Worth Ordinance No. 12274 and RFP-09-City of Fort Worth
Ordinance No. 15496.
3.0 SPECIAL REQUIREMENTS
3.1 Waste Handling Requirements
3.1.1 All solids or semi -solids resulting from cleaning operations
shall be characterized by the Vendor. The Vendor shall dispose
of the waste at Cold Springs Processing facility, an approved
disposal site for this waste classification. All materials shall be
removed from the site, at a minimum, at the end of each
workday. Waste may not be stored in a TCEQ permitted
mobile closed container for more than 4 days.
3.2 Spill Prevention Requirements
3.2.1 The Vendor shall prepare and submit a "Spill Prevention and
Response Plan" with their proposal that will address handling
any spills to the environment. If an accidental discharge or spill
occurs during cleaning, collection, or transport activities, the
Vendor is responsible for taking appropriate actions to prevent
Page 4 of 11
harm to human health and the environment as required by
applicable Federal, State and Local laws.
3.3 Texas Commission on Environmental Quality (TCEQ) Requirements
3.3.1 The Contractor must be registered with TCEQ at the time of
their proposal submittal. A certificate or proof of registration
documentation shall be included with the proposal submission.
Registered transporters must maintain copies of their TCEQ
registration letter and application in all vehicles used while
performing work. The transporter must maintain a record of
individual collection and deposit in the form of a trip
ticket/manifest. Environmental Site Inspections can be made at
any time during the duration of the work. Proof of proper
TCEQ registration and trip ticket records must be provided
immediately when requested. Both State and City regulators
may perform environmental site inspections during the course
of this contract.
3.4 Confined Space Entry Program
3.4.1 The Contractor shall provide a written document explaining the
confined space entry program to be implemented as part of this
contract with their proposal submission. At a minimum, the
submitted program shall be in compliance with all applicable
Occupational Safety and Health Administration League
(OSHAL) requirements regulating confined space entry.
Documentation of compliance with OSHAL requirements
should be included with proposal submission. When confined
space entry is required, the cost of the equipment rental will be
charged separately and will depend on what equipment is
needed for the requested job.
3.5 Water Usage
3.5.1 Water usage by the Contractor shall be taken from approved
fire hydrants via a three-inch (3") hydrant water meter obtained
by the Contractor from the City's Water Department, Meter
Services Division. One (1) fire hydrant wrench will be issued
with each 3" meter. The deposit for the 3" hydrant water meter
and fire hydrant wrench is the responsibility of the Contractor.
Page 5 of 11
The amount of the deposit is $4,320.00. A meter reading fee is
applicable for this project, though there will be no charge for
water usage for the purpose of this contract.
4.0 LOCATIONS
4.1 Services shall be performed at the following locations. Locations may
be added on an "as needed basis".
4.1.1 Eagle Mountain Water Treatment Plant
6801 Bowman Roberts Road Fort Worth, Texas 79179
4.1.2 Rolling Hills Water Treatment Plant
2500 SE Loop 820 Fort Worth, Texas 76140
4.1.3 North & South Holly Water Treatment Plant
1500 1 lth Avenue Fort Worth, Texas 76120
4.1.4 Village Creek Water Reclamation Facility
4500 Wilma Lane Arlington, TX 76012
4.1.5 Westside Water Treatment Plant
12200 Old Weatherford Road Fort Worth, 76108
4.1.6 Enchanted Bay Lift Station
At dead end of Saba Dr., Fort Worth, TX 76119
4.1.7 Rosemary Ridge Lift Station
10525 McCart Ave. Crowley, TX 76036
4.1.8 Summers Creek Lift Station
9890 W. Cleburne Rd. Crowley, TX 76036
4.1.9 Ventana Lift Station
5972 Jerry Dunn Pkwy, Benbrook, TX 76126
4.1.10 Waterside Lift Station
3912 Watercourse Dr. Fort Worth, TX 76109
4.1.11 Western Hills Lift Station
2717 Glenrock Dr. Fort Worth, TX 76116
4.1.12 Dosier Creek Lift Station
9241 Boat Club Rd. Fort Worth, TX 76179
Page 6 of 11
4.1.13 Eagle Ranch Lift Station
6692 Robertson Rd. Fort Worth, TX 76179
4.1.14 Glen Mills Lift Station
9091 N Saginaw Blvd. Fort Worth, TX 76179
4.1.15 Greenway Lift Station
1000 Nixon St. Fort Worth, TX 76102
4.1.16 Intel 2 Lift Station
3200 Alliance Gateway Frwy. Fort Worth, TX 76177
4.1.17 Lake Worth Lift Station
6200 Cahoba Dr. Fort Worth, TX 76135
4.1.18 Meadow Lakes Lift Station
4705 Homelands Way Fort Worth, TX 76135
4.1.19 Moiser Valley Lift Station
3112 House Anderson Rd. Euless, TX 76040
4.1.20 Shields Lift Station
14050 Park Vista Blvd. Fort Worth, TX 76177
4.1.21 Sunset Cove Lift Station
8500 Lake Country Dr. Fort Worth, TX 76179
4.1.22 Job sites throughout the City of Fort Worth; the address will be
provided to the Contractor at least 24 hours in advance,
whenever possible.
5.0 PERFORMANCE OF SERVICES
5.1 Scheduled vacuum truck pumping services shall be performed
between normal business hours: 8:00 a.m. to 5:00 p.m., Monday
through Friday.
5.1.1 Upon written notification by the City, the Contractor shall
mobilize and initiate work at the designated work site within
two (2) business days from notification. There will be no direct
compensation to the Contractor for normal job mobilizations.
5.2 In the case of an emergency, upon verbal notification by the City, the
Contractor shall mobilize and initiate work at the designated work site
Page 7 of 11
within two (2) hours from notification. Emergency mobilizations shall
be compensated per the unit price included on the Bid Table.
6.0 INVOICE AND PAYMENTS
6.1 Registration:
Successful bidders are required to register for direct deposit payments
prior to providing goods and/or services using the forms posted on the
City's website at
https://www.fortworthtexas.gov/departments/finance/purchasing/
register
6.2 Invoice:
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.
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)
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.
ii. Image quality must be at least 300 DPI (dots per inch).
iii. Invoices must be sent as an attachment (i.e. no invoice in the
body of the email).
iv. One invoice per attachment (includes PDFs). Multiple
attachments per email is acceptable but each invoice must be a
separate attachment.
V. Please do not send handwritten invoices or invoices that contain
handwritten notes.
vi. Dot matrix invoice format is not accepted.
vii. The invoice must contain the following information:
Page 8 of 11
a. Supplier's Legal Name and Address;
b. Remit to Supplier Name and Address, if different;
c. Applicable City Department business unit# (i.e. FW013)
d. Complete City of Fort Worth PO number (i.e. the PO
number must contain all preceding zeros);
e. Invoice number;
f. Invoice date; and
viii. Invoices should be submitted after delivery of the goods or
services.
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 sugplierinvoices(&fortworthtexas.i!ov. 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 AccountsPavable(a)fortworthtexas.gov.
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.
If electronic invoicing is not possible, you may send your paper
invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
The City's goal is to receive 100% of invoices electronically so that
all supplier payments are processed efficiently. To achieve this goal,
we need the Contractor's support.
If Contractor has any questions, please contact the Accounts Payable
team at (817) 392-2451 or by email to
ZZ FIN AccountsPavable(&fortworthtexas.uov.
Contractor shall not include Federal, State of City sales tax in its
invoices. City shall furnish a tax exemption certificate upon Vendor's
request.
Page 9 of 11
6.3 Payment:
All payment terms shall be "Net 30 Days" unless specified in the bid.
7.0 UNIT PRICE ADJUSTMENT
Vendors may require that unit prices be adjusted for increases or decreases
in Vendor's cost during the contract period using the following procedure:
i. The Vendor must submit its price adjustment request in writing at
least 30 days before the requested effective period. The Vendor shall
provide written proof of cost increases with the price adjustment
request.
ii. If the City concludes that the rate increase being requested is
unacceptable, 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 reserves the right to issue a
new solicitation or procure the goods or services by any other
allowable means.
iii. Prices bid shall remain firm for the term of the Agreement and shall
include all associated freight and delivery costs, unless otherwise
specifically stated and agreed to by City.
iv. Upon expiration of the Agreement term the successful bidder, agrees
to hold over under the same terms and conditions of the executed
Agreement for a reasonable period of time to allow the city to re -bid
an agreement, not to exceed ninety (90) days.
V. The provision of goods and/or services shall not be suspended by the
Vendor except as expressly allowed by the contract's terms and
conditions.
8.0 COOPERATIVE PURCHASING
8.1 The City has interlocal agreements with many other governmental
entities that provides the ability for other entities to use the City's
contracts, so long as vendors agree to extend the same terms,
conditions, and pricing to the other entities. Bidder shall indicate in
Page 10 of 11
their bids/proposals whether they agree that to extend the terms,
conditions, specifications, and pricing of its agreement with the City
to other governmental entities.
8.2 If the successful Bidder agrees to extend the resulting contract to other
governmental entities, the following shall apply: Governmental
entities with interlocal agreements with the City shall be eligible, but
not obligated to purchase material/services under contract(s) awarded
as a result of City solicitations. All purchases by governmental entities
other than the City shall be billed directly to that governmental entity
and paid by that governmental entity. The City shall not be
responsible for another governmental entity's debts. Each
governmental entity shall order its own material/services as needed.
Page 11 of 11
City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
See next page.
Vendor Services Agreement Page 12 of 12
24-0103 Vacuum Truck Pumping Services
Success: All values provided
Bid
Mobilization, Emergency, Per Mobilization or
#1-1 Each
500 $ 500.00
$ 250,000.00
Work Order
Success: All values provided
Bid
#1-2 Jet -Vac Truck, Large, Includes the Utilization & Hour
237
$ 250.00
$ 59,250.00
One Operator, Per Truck Per Hour
Success: All values provided
Bid
Vacuum Tanker Truck, Includes the Utilization &
#1-3 Hour
206 $ 250.00
$ 51,500.00
One Operator, Per Truck Per Hour
Success: All values provided
Bid
#1-4 Disposal of Waste, Per Cubic Yard Cubic Yard
210 $ 100.00
$ 21,000.00
Sewer Plugs, 6"-15" Diameter, Temporary
Success: All values provided
Bid
#1-5
Installation and Maintenance, Per Plug for a Five
Each
25
$ 1,000.00
$ 25,000.00
Day Duration
Sewer Plugs, 16"-36" Diameter, Temporary
Success: All values provided
Bid
#1-6
Installation and Maintenance, Per Plug for a Five
Each
25
$ 1,000.00
$ 25,000.00
Day Duration
Sewer Plugs, 39"-60" Diameter, Temporary
Success: All values provided
Bid
#1-7
Installation and Maintenance, Per Plug for a Five
Each
25
$ 1,000.00
$ 25,000.00
Day Duration
Success: All values provided
Bid
#1-8
Field Personnel, Additional, Per Person Per Hour
Hour
110
$ 125.00
$ 13,750.00
Gravity Line Crawl, CCTV Unit, Includes Labor,
Success: All values provided
Bid
#1-9
Materials, Equipment, and Data Storage,
Hour
220
$ 225.00
$ 49,500.00
Transmission, Analysis, and any Deliverables
Gravity Line Float, CCTV Unit, Includes Labor,
Success: All values provided
Bid
#1-10
Materials, Equipment, and Data Storage,
Hour
220
$ 225.00
$ 49,500.00
Transmission, Analysis, and any Deliverables
Sonar Unit, Includes Labor, Materials,
Success: All values provided
Bid
#1-11
Equipment, and Data Storage, Transmission,
Hour
100
$ 500.00
$ 50,000.00
Analysis, and any Deliverables
Hydro Excavation Unit, Includes Labor, Vacuum
Success: All values provided
Bid
#1-12
Truck, Pressurized Hose, and all other necessary
Hour
100
$ 265.00
$ 28,500.00
equipment
Success: All values provided
Bid
#1-13
Core Drilling Services, Includes Labor &
Hour
1
$ 500.00
$ 500.00
Equipment, Per Hour
Success: All values provided
Bid
#1-14
Backfill Services, Includes Labor & Equipment,
Hour
1
$ 1,200.00
$ 1,200.00
Per Hour
Success: All values provided
Bid
#1-15
Backfill Material, Control Low Strength Material
Each
1
$ 1,200.00
$ 1,200.00
Flowable Fill
Success: All values provided
Bid
#1-16
Backfill Material, Asphalt, Cold Mix, Per 60 lb.
Each
1
$ 1,500.00
$ 1,500.00
Bag
Success: All values provided
Bid
#1-17
Installation Services, Orange Safety Fence and T-
Linear Foot
1
$ 100.00
$ 100.00
Post
Success: All values provided
Bid
#1-15
Hose, Flex, 100 foot Roll
Each
250
$ 50.00
$ 12,500.00
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/13/24
M&C FILE NUMBER: M&C 24-0634
LOG NAME: 13P RFP 24-0103 VACUUM TRUCK WASTE PUMPING AW WATER
SUBJECT
(ALL) Authorize Execution of Non -Exclusive Agreements with Ace Pipe Cleaning Inc., ACME
Utility Inspection Services, Inc., and Mulholland Energy Services, LLC for Vacuum Truck Waste
Pumping and Hydro Excavation Services for the Water Department in a Combined Annual
Amount Up to $650,000.00 for the Initial Term and Authorize Four, One -Year Renewals in Amounts
Up to $747,500.00 for the First Renewal, $859,625.00 for the Second Renewal, $988,569.00 for
the Third Renewal, and $1,136,854.00 for the Fourth Renewal
RECOMMENDATION:
It is recommended that the City Council authorize the execution of non-exclusive agreements with
Ace Pipe Cleaning Inc., ACME Utility Inspection Services, Inc., and Mulholland Energy Services,
LLC for vacuum truck waste pumping and hydro excavation services for the Water Department in
a combined annual amount up to $650,000.00 for the initial term and authorize four, one-year
renewals in amounts up to $747,500.00 for the first renewal, $859,625.00 for the second renewal,
$988,569.00 for the third renewal, and $1,136,854.00 for the fourth renewal.
DISCUSSION:
The Water Department approached the Purchasing Division for assistance in securing
agreements for vacuum truck waste pumping used to clean and inspect wastewater lines, and
hydro excavation services used to locate utility lines throughout the City of Fort Worth in need of
repair. Purchasing issued a Request for Proposals (RFP) consisting of detailed specifications
regarding the equipment, service, and certification requirements to ensure the services are
performed according to Texas Commission on Environmental Quality (TCEQ) and Occupational
Safety and Health Administration (OSHA) requirements.
The RFP was advertised in the Fort Worth Star -Telegram on February 7, 2024, February 14,
2024, February 21, 2024, and February 28, 2024. The City received five responses. However,
upon evaluation, one proposer, Badger Daylighting did not submit all the required documents in
order for their proposal to be evaluated.
An evaluation panel consisting of representatives from the Water and Transportation and Public
Works Departments reviewed and scored the submittal using Best Value criteria. The individual
scores were averaged for each of the criteria and the final scores are listed in the table below.
Proposer
a
Ace Pipe Cleaning, Inc. 20.63
Evaluation Factors
b c d Total
Score
17.00 12.75 33.971 84.35
ACME Utility Inspection Services, 16.88 13.00 10.88 40.00 80.76
Inc.
BCAC Underground 16.88 13.50 10.13 32.22 72.73
Mulholland Energy Services, LLC 116.25 14.50 10.88 34.29 75.92
Best Value Criteria:
a. Contractor's timeframe to respond to regular and emergency service requests and perform
the requested services
b. Availability of equipment owned to provide services
c. Contractor's qualifications, related experience, and references of a similar size
d. Cost of services
After evaluation, the panel concluded that Ace Pipe Cleaning Inc., ACME Utility Inspection
Services, Inc., and Mulholland Energy Services, LLC present the best value. Therefore, the panel
recommends that Council authorize non-exclusive agreements with Ace Pipe Cleaning, Inc.,
Acme Utility Inspection Services, Inc., and Mulholland Energy Services. No guarantee was made
that a specific amount of services would be purchased. Staff certifies that the recommended
vendors' bids met specifications.
Due to inflation and projected usage, staff recommends the total compensation for each annual
renewal term be increased by 15% to ensure the City is able to meet demand. The collective total
compensation of the contracts shall be an amount up to $650,000.00 for the initial term,
$747,500.00 for the first renewal, $859,625.00 for the second renewal, $988,569.00 for the third
renewal, and $1,136,854.00 for the fourth renewal.
While these figures represent the collective maximum amount allowed under these agreements for
each term, the actual amount used will be based on the department's needs and available budget.
Funding is budgeted in the Other Contractual Services category within the Water & Sewer Fund
for the Water 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, the agreements shall begin upon execution
and expire one year from that date.
RENEWAL TERMS: The agreements may be renewed for 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.
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 above recommendation, funds are
available in the current operating budget, as previously appropriated, and upon adoption of the
Fiscal Year 2025 Budget by the City Council, funds will be available in the Fiscal Year
2025 Operating Budget, as 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 Citv Manaaer's Office bv: Reginald Zeno
Oriainatina Business Unit Head:
Additional Information Contact:
Fernando Costa
Reginald Zeno
Christopher Harder
Jo Ann Gunn
Alyssa Wilkerson
8517
6122
8517
5020
8525
8357