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HomeMy WebLinkAbout064415 - General - Contract - Rangeline Pipeline Services, LLCCSC No. 64415 FORTWORTH. "I'll 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 Rangeline Pipeline Services, LLC ("Vendor"), each individually referred to as a "party" and collectively referred to as the "parties." 1. Scope of Services. Vendor shall provide emergency pipe repair materials and services (Services"), as 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 year, beginning on the date that this Agreement is executed by the City's Assistant City Manager and expiring one year later, unless terminated earlier in accordance with the 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. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed Two Hundred and Ninety - Seven Thousand Dollars ($297,000.00). Vendor acknowledges that 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 and that once the full amount has been exhausted, whether individually or collectively, funds have therefore been exhausted under this Agreement as well. Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. Vendor Services Agreement OFFICIAL RECORD CITY SECRETARY page 1 of 19 FT. WORTH, TX 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 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. Vendor Services Agreement Page 2 of 19 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 respondent 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, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR /N 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, Vendor Services Agreement Page 3 of 19 City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence Vendor Services Agreement Page 4 of 19 $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non - owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General 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, Vendor Services Agreement Page 5 of 19 Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 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: To VENDOR: City of Fort Worth Rangeline Pipeline Services, LLC Attn: Assistant City Manager Attn: Kyle Nelson 200 Texas Street 924 US Highway 287, Fort Worth, TX 76131 Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 Fort Worth, Texas 76131 Facsimile: With copy to Fort Worth City Attorney's Office at same address Vendor Services Agreement Page 6 of 19 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governinq 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 Controllinci. 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 Vendor Services Agreement Page 7 of 19 that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A and B. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). 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 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 Vendor Services Agreement Page 8 of 19 authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. 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 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, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. 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 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 Vendor Services Agreement Page 9 of 19 effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Vendor Services Agreement Page 10 of 19 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Name: Jesica McEachern Title: Assistant City Manager Date: 12/04/2025 APPROVAL RECOMMENDED: By: C nstopher Harder (NjV21,2025 12:23:51 CST) Name: Chris Harder Title: Water Director ATTEST: By: Name: Jannette Goodall Title: City Secretary VENDOR: �,vdvo�pb � O FOR o 'A. °�9dd Cho Pgild Vo o=o P�o 00000000000 "a a� nEXA5o<Q'� Ranjeline Pipeline Services, LLC By: Nam4Rniumbaug Title: Chief Executive Officer Date: _Il _ A D , 2025 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. Name: Regina Jones Title: Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: Stephen Hines (Nov 25, 2025180315 CST) Name: Title: Stephen Hines Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-1030 Form 1295: 2025-1360446 OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY Page 11 of 20 FT. WORTH, TX Scope of Services SCOPE The City of Fort Worth (City) seeks proposals from qualified Contractors to furnish all equipment, labor and materials necessary to install, remove and/or repair existing concrete/steel pipe throughout the City of Fort Worth. 4.0 JOB REQUIREMENTS Jobs may contain but are not limited to the following: 4.1 Welding Services - shall be performed on pressurized systems in accordance with the applicable American Water Works Association (AWWA) Field Welding standard. Contractors will be required to have the proper equipment and staff for a two-hour response time. 4.2 Mobilization — shall consist of the activities and include overhead cost necessary for the transportation of the Contractor's personnel, equipment and operating supplies to the pipe repair site. 4.3 Repair Material/Parts - shall be provided by the contractor to repair concrete, steel, FRP and polymer pipe up to 54". All materials and parts used must be to applicable standards of the American Society for Testing and Materials (ASTM), the American Association for State Highway and Transportation Officials (AASHTO), and the American Water Works Association (AWWA) has been made part of this Specification. Refer to www.concretepipe.org/specifications. 5.0 CONTRACTOR REQUIREMENTS 5.1 Contractor is responsible for visual pipeline inspections, identifying joint types, damages, and repair options. Contractors shall comply with all applicable, federal, state and local laws, ordinances, rules, and regulations pertaining to the inspection guidelines. Inspections must be approved by City inspectors as well as any Code compliance Vendor Services Agreement Page 12 of 19 requirements. All inspections will be performed in compliance with City timelines. 5.2 Contractor is responsible for supplying the below to the City for pipe installation, repair, and/or removal. The contractor must be able to provide all materials at the time of job notification that meet the specified requirements listed. Below are the items required, but not limited to, for services being performed by Contractor. 5.3 The Contractor shall notify the Contract Administrator in writing of any changes from the manufacturer. The Contract Administrator shall have the right to approve or disapprove all substitutions. This will include any sub -contractors assigned to the work. 5.4 Bond Requirements - A bond contract is required for the term of the contract to ensure the requirement of insurance as listed below and the quality of materials meets all required standards of the American Society for Testing and Materials (ASTM), the American Association for State Highway and Transportation Officials (AASHTO), and the American Water Works Association (AWWA). 5.5 The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; county: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all licenses, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). 5.6 The Contractor must be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include but not necessarily be limited to EPA regulations, Fort Worth City Ordinances, and OSHA regulations. In addition, the Contractor shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully executed with in every respect. The Contractor is responsible to ensure all workers are certified to perform task. Vendor Services Agreement Page 13 of 19 5.7 The Contractor is required to notify the City immediately of any hazardous conditions and/or damage to City property. The Contractor shall at no time permit placing or use of equipment in such manner as to create safety hazards. Contractor personnel shall provide appropriate warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel, even to the point of interrupting their own work, if necessary. 5.8 Defective Work and Damages - The Contractor shall be wholly responsible for and shall promptly correct or restore all defective work or damages to any/all City facilities caused by its activities. Restoration and correction shall be to the complete satisfaction of the City. This shall apply to any part of a building, its appurtenances, the adjacent grounds, or any other tangible damage incurred in the performance of the Contract. Failure by the Contractor to proceed promptly with corrective actions may be cause for cancellation of this Contract with amount(s) necessary to correct defective work and/or damage being withheld from payments due or to become due to the Contractor. 5.9 Clean Up - The Contractor shall keep the premise free, at all times, from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all waste and rubbish from and about the work area, as well as tools, equipment and surplus materials, and shall leave the area as clean and as free of spots, stains, etc., as before the work was undertaken. 5.10 Contractor shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations pertaining to the performance of the work specified herein even if they come into effect after the start of this agreement. All mandates requiring the City to comply with new guidelines will also require the City Contractors to comply. 5.11 Failure of the City to insist on any one or more instances upon performance of any of the terms and conditions of this contract shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. 6.0 CITY OF FORT WORTH EXISTING PIPE Vendor Services Agreement Page 14 of 19 7.0 6.2 Bar -wrapped cylinder concrete pipe (AWWA C303, or CCP, P-303 Pretension Concrete Cylinder Pipe, Concrete Cylinder or B-303 pipe) 6.3 Fiberglass Reinforced Plastic (FRP, AWWA C950) 6.4 Fiberglass Reinforced Plastic Mortar (FRPM) 6.5 Glass Reinforced Plastic (GRP) 6.6 Prestressed Concrete Cylinder Pipe (PCCP, AWWA C304) 6.7 Prestressed Concrete Lined Cylinder Pipe (AWWA, C301, L-301, E- 301, or SP-5) 6.8 Prestressed Concrete Embedded Cylinder Pipe (AWWA, C301, E-301, or SP-12) 6.9 Prestressed Concrete Noncylinder Pipe (NC-301, SP-23, SP-28, or SP- 31) 6.10 Polymer Pipe (AWWA C906) 6.11 Reinforced Concrete Cylinder Pipe (AWWA C300, V-300, SP-3, ASTM C76, ASTM C655 or AASHTO M170) 6.12 Reinforced Concrete Noncylinder Pipe (C302, SP-1, SP-25, SP-32, ASTM C361) 6.13 Reinforced Polymer Mortar Pipe (RPMP) 6.14 Steel Pipe (S-200) to meet the requirements of AASHTO M-36 6.15 Cement for mortar - used in the construction shall conform to the requirement of ASTM C-150, Type I1, sand shall conform to the requirement of AASHTO MS-45. WARRANTY All items offered shall carry the two (2) year standard warranty of the manufacturer, beginning on the date items are placed into service by the City. No repair or service work provided on any existing equipment shall void the existing warranty on the equipment. Vendor Services Agreement Page 15 of 19 8.0 RESPONSE TIMES AND SERVICE REQUIREMENTS 8.1 This is a 24-hour, seven -day -a -week service which requires response within 1 hour of the call and same mobilization. Regular hours are 8:00 AM to 5:00 P.M. CST Emergency hours are 5:01 PM to 7:59 AM. CST. 8.2 Unless expressly authorized by the city, all services shall be completed during normal business hours, which are 8:00 A.M. to 5:00 P.M. Monday through Friday. After hours are designated as 5:01 PM to 7:59 AM Monday through Friday and weekends. 9.0 EQUIPMENT 9.1 Contractor shall have available all equipment and material upon arrival at job site or prove that Contractor has access to all equipment necessary to perform all work outlined in this Agreement. Failure to do so is cause for rejection of a bid. 9.2 Bidders shall provide a list of adequate supply of equipment and materials needed to complete the service including, but not limited to: 9.2.1 Welding Equipment 9.2.2 Truck and trailers to transport equipment. 9.3 Bidders shall provide a list of machinery and equipment that they propose to use in the execution of the Agreement. See RFP-07- Questionnaire and Requirement document. This list will be used to determine whether the bidder can adequately perform the required work. All equipment the bidder anticipates committing to this contract should be included in the listing. Bidder should be able to demonstrate adequate back-up equipment or plan to allow for breakdowns. 9.4 Insufficient and/or inadequate equipment as determined by the City of Fort Worth is cause for rejection of a bid. City reserves the right to thoroughly inspect and investigate the establishment, facilities, business reputation, and other qualifications of any bid and reject any bid, irrespective of price, if it shall be determined lacking in any of the essentials necessary to assure acceptable standards of performance. Vendor Services Agreement Page 16 of 19 Compensation Primary Responses Success: All data is valid! DecisionStatus Bid # Project Ref# 24.00nn; Project Title Success: All values provided Bid #1-1 WELDING SERVICES - REGULAR HOURS 8AM -5PM Hour 500 $135.00 Rangeline $ 67,500.00 Success: All values provided Bid #1-2 WELDING SERVICES -AFTER HOURS 5:01PM-7:59AM Hour 550 $190.00 Rangeline $104,500.00 Success: All values provided Bid #1-3 Mobilization Each 500 $ 250.00 Rangeline $125,000.00 Pr Basket Total $ 297,000.00 $ 297,000.00 Vendor Services Agreement Page 17 of 19 REFERENCE **M&C 25- 13P25-0164 EMERGENCY DATE: 11/11/2025 NO.: 1030 LOG NAME: REPAIR PIPE MATERIALS & SERVICES LSJ WATER CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of a Purchase Agreement with Rangeline Pipeline Services, LLC for Emergency Pipe Repair Materials and Services for the Water Department in an Amount Up to $297,000.00 for the First Year with Four One -Year Renewal Options in Amounts Up to $311,850.00 for the First Renewal, $327,442.50 for the Second Renewal, $343,814.60 for the Third Renewal, and $361,005.60 for the Fourth Renewal RECOMMENDATION: It is recommended that the City Council authorize the execution of a purchase agreement with Rangeline Pipeline Services, LLC for emergency pipe repair materials and services for the Water Department in an amount up to $297,000.00 for the first year with four one-year renewal options in amounts up to $311,850.00 for the first renewal, $327,442.50 for the second renewal, $343,814.60 for the third renewal, and $361,005.60 for the fourth renewal. DISCUSSION: The purpose of the Mayor & Council Communication (M&C) is to authorize an agreement for emergency pipe repair materials and services to repair existing water and wastewater lines throughout the City of Fort Worth. Purchasing issued a Request for Proposals (RFP) No. 25-0164 describing the materials and services. The RFP was advertised in the Fort Worth Star -Telegram on August 6, 2025, August 13, 2025, August 20, 2025, August 27, 2025, and September 3, 2025. The bid was opened September 4, 2025. A sole response was received. An evaluation panel consisting of representatives from the Water Department and Transportation and Public Works Department reviewed and scored the submittal using Best Value criteria. The final scores for the sole response are listed in the table below. idder Evaluation i Ic d Total angeline Pipeline Services, LLC 240 83 2-3 20 85.66 a. Qualifications and Experience b. Approach to Perform Services c. Ability to meet the City's needs d. Cost of services After evaluation, the panel concluded that Rangeline Pipeline Services, LLC presented best value to the City. No guarantee was made that a specific amount materials and services would be purchased. Staff certifies that the recommended vendor bid met specifications. The maximum annual amount under this agreement will be $297,000.00 for the first year. However, the actual amount used will be based on the needs of the department and the available budget. Funding is budgeted in the Other Contractual Services account within the Water & Sewer Fund for the Water Department. AGREEMENT TERMS: The initial term of the Agreement shall begin upon execution and shall end one year from that date. SMALL BUSINESS GOAL: This bid was issued before September 1, 2025, preceding the implementation of the Small Business Program. Therefore, a Small Business Goal was not assigned Vendor Services Agreement Page 18 of 19 RENEWAL OPTIONS: The Agreement may be renewed at the City's option for four, one-year terms. This action does not require City Council approval, provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. 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 funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference # Amount I ID I ID I Year I (Chartfield 2) FROM Fund Department Account Project I I ID Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Program Activity Budget I Reference # Amount Year (Chartfield 2) Reginald Zeno (8517) Jesica McEachern (5804) Reginald Zeno (8517) Christopher Harder (5020) Haven Wynne (8525) LaKita Slack -Johnson (8314) ATTACHMENTS 1-RPLS W-9 2025.pdf (CFW Internal) 1295 Form.pdf (CFW Internal) 13P25-0164 EMERGENCY REPAIR PIPE MATERIALS & SERVICES LSJ WATER funds avail.docx (CFW Internal) Copy of FID table for Emergency Pipe -Welding (SPadar Edit 9.10.25).xlsx (CFW Internal) Rangeline Pipeline Services, LLC SAMS.pdf (CFW Internal) Vendor Services Agreement Page 19 of 19 FORT WORTH� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Rangeline Pipeline Services, LLC Subject of the Agreement: Vendor will provide emergency pipe repair materials and services. M&C Approved by the Council? * Yes ❑✓ No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No ❑✓ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 11/21/2025 If different from the approval date. Expiration Date: 11/20/2026 If applicable. Is a 1295 Form required? * Yes ❑✓ No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.