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HomeMy WebLinkAboutContract 53979 CSC No.53979 CONTRACTOR SERVICES AGREEMENT INSTRUMENTATION EQUIPMENT, PARTS,AND SERVICES ITB No.20-0076 Instrumentation Equipment Parts and Services This CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Murray Energy,Inc. ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized Vice President. This Agreement shall be effective as of the Effective Date established herein. AGREEMENT DOCUMENTS: The additional documents comprising this Contractor Services Agreement shall include the following: 1. Attachment A—Terms and Conditions,Parts I and II; 2. Attachment B-The City's Invitation to Bid("ITB") 3. Attachment C—Contractor's Response to ITB,specifically Part I-A Bid Solicitation Form; 4, Attachment D—Insurance and Bonds; 5. Attachment E-Verification of Signature Authority Form. Attachments A-E, are incorporated herein and made a part of this Agreement for all purposes.In the event of any conflict between the terms and conditions of Attachments A - C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES Contractor hereby agrees to provide Instrumentation Equipment, Parts and Services for the City of Fort Worth Water Department as per Attachments B and C which more specifically describe the services to be provided hereunder. 2. TERM This Agreement is effective as of the date subscribed below by the City's designated Assistant City Manager ("Effective Date") and shall expire on the immediately following September 30' ("Initial Term").Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms and conditions for up to four (4) one-year renewal periods (October I to September 30) and for a fifth renewal period which shall expire on the month and day of the Effective Date creating a five year total duration. City may elect or Contractor may request a non-renewal by providing the other party with notice of same at least 60 days before the expiration of the Initial Term or any renewal period. 3. COMPENSATION City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B. Total payment made under this Agreement per term shall be the amount up to $111,111.11 ("Contract Amount"). Contractor shall 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 shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION/CANCELLATION I YB No.20-0076 INSTRUMENTATION EQUIPMENT.PARTS,AND SERVICES �I�� .A lnSE���® Contractor Services Agreement e„ s C: Ft 4 Termination: The City reserves the right to terminate this agreement, or any part hereof, with or without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the reasonable satisfaction of the City, incurred as a result of the termination. In no event shall the total of all amounts paid to the Contractor under this section exceed the price stated in the Agreement. The Contractor shall not be reimbursed for any profit which may have been anticipated, but which have not been earned up to the date of termination. Cancellation: City shall have the sole right to cancel this contract prior to the commencement of work should there be a change in the need for the product or services as determined by the Department Head or his/her Assistant City Manager. Non-Appropriation of Funds: In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then City will immediately notify Contractor of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. -Unauthorized Access. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall 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, Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and 11'B No.20-0076 INSTRUMENTATION EOUIPMENT,PARTS,AND SERVICES Page 2 of 34 Contractor Services Agreement activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor. Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 7. LIABILITY AND INDEMNIFICATION LLABILITY- CONTRACTOR SHALL BE L]ABLE 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 CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. INDEMNIFICATION - CONTRACTOR 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 PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'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 CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8. ASSIGNMENT Contractor shall not assign 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 shall execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9. INSURANCE AND BONDING Contractor shall provide City with certificate(s) of insurance documenting policies of the types and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect prior to commencement of any work pursuant to this Agreement as provided for in Attachments D and D- 1, attached hereto and incorporated herein. I l'li No.20-0076 INSTRUMENTATION EQUIPMENT,PARTS,AND SERVICES Page 3 of 34 Contractor Services Agreement 10. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS Contractor agrees that in the performance of its obligations hereunder, it shall 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 as set forth in Attachment A, Part Il, Section 14, If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. 11. NON-DISCRIMINATION COVENANT Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including Chapter 17, Article III, Division 3 of the Fort Worth Code. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 12. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by electronic means 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 CONTRACTOR: City of Fort Worth Contractor business name Attn: Sarah Czechowicz/Buyer II Murray Energy 200 Texas Street 9730 Skillman St. Fort Worth, TX 76102-6314 Dallas,TX 75243 Email: Sarah.Czechowicz@fortworthtexas.gov Phone: 214-221-1426 Phone: (817) 392-2059 Facsimile: 214-221-2591 Facsimile: (817) 392-8654 Email: cocmand@murrayenergy.com With copy to Fort Worth City Attorney's Office at same address 13. SOLICITATION OF EMPLOYEES Neither City nor Contractor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent Contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who independently responds to a general solicitation of advertisement of employment by either party. 1143 No 20-0076 INSTRUMENTATION EOUIPMENT,PARTS,AND SERVICES Page 4 of 34 Contractor Services Agreement 14. 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. 15. NO WAIVER The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. GOVERNING LAW/VENUE This Agreement shall 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 shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 17. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, acts of the public enemy, fires, strikes, lockouts,natural disasters,wars,riots, material or labor restrictions by any governmental authority and/or any other similar causes. 19. AMENDMENTS/MODIFICATIONS/EXTENSIONS No amendment,modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 20. ENTIRETY OF AGREEMENT This Agreement, including its attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their respective 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. 21. WARRANTY Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. Contractor warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract. Additional specific warranty provision are found in I No.20-0076 INSTRUMENTATION EOUIPMENT,PARTS,AND SERVICES Page 5 of 34 Contractor Services Agreement Attachment A, Part I, Sections 9-13. All warranty provisions shall survive the expiration of this Agreement. City shall give written notice of a breach of any warranty within thirty (30) days from the date that the cause for same is discovered. 22. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more, 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. 23. . LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 24. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 25. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had an opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or its attachments. 26. COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 27. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by I FB No.20-0076 INSTRUMENTATION EOUIPMENT,PARTS,AND SERVICES Page 6 of 34 Contractor Services Agreement proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Contractor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Attachment E. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. ACCORDINGLY, the parties hereto have duly executed this Agreement and established the Effective Date as being the date subscribed by the City's designated Assistant City Manager, CITY OF FORT WORTH: CONTRACTOR: By: Dana Burghdoff(Jun 5,202 :44 CDI)m— By: Name: Dana Burghdoff Na e• C Ocmand Title: Assistant City Manager Title: Wee President Date: Jun 5,2020 Date: APPROVAL RECOMMENDED: Christopher Harder Christopher Harder(Jun 4,2020 0752 CDT) Y: Name:Chris Harder Title: Water Department Directory d a ATTEST: By: Name: Mary J.Kayser 1'rr Title: City Secretary APPROVED AS TO FORM AND LEGAI UY: " CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person n9luk(Jun 5,202017AO CDT) Y� responsible for the monitoring and Name: Douglas W Black administration of this contract, including Title: Sr,Assistant City Attorney ensuring all performance and reporting CONTRACT AUTHORIZATION: requirements. M&C: UP20-0076 Instrumentation Parts and E ui Water SC DO—^Q11 Date: O 1295# ahatp— 14019 1 St BY: N e:Marti hillips Title: Engi Bering Manager f 111 14 .20-0076 INSTRUMENTATION EOUIPMF.NT PARTS AND SERVICES age 7 of 38 Contractor Services Agreement ETARY FT. WORTH,TX ATTACHMENT A PART-I SPECIFIC TERMS AND CONDITIONS 1.0 CHANGE IN COMPANY NAME OR OWNERSHIP The Contractor shall notify the 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 the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 2.0 INVOICING REQUIREMENTS 2.1 All invoices should be submitted directly to the contracting Department. It is the responsibility of the Contractor to obtain the name and contact information of the Department's project manager to whom invoices shall be submitted. 2.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Contractor's name, phone number/email address, federal tax identification number, ITB/RFQ number, invoice number, address, date, service or item description, unit price, extended cost, and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Contractor for correction and re-submittal. 2.3 Under no circumstances will the City be responsible for goods or services provided without an Agreement signed by an authorized city representative. 3.0 UNIT PRICE ADJUSTMENT 3.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during a renewal period but not before the effective date of a renewal and only upon written request from the Contractor. 3.2 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. 3.3 If the City does not accept the proposed rate increase,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. 3.4 Prices bid or adjusted with a renewal, shall remain firm for each correlative term of the Agreement. 3.5 Upon expiration of the Agreement term, the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid an agreement, not to exceed ninety (90) days. Contractor will be reimbursed for this service at the prior agreement rate(s). Contractor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 3.6 Goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to the City. 4.0 QUANTITIES ITB No.20-0076 Instrumentation Equipment Parts and Services Page 8 of 34 Contractor Services Agreement The quantities listed on the Part I-A Bid Solicitation Form are estimates and do not indicate intent to purchase a certain amount or any amount. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 5.0 INSURANCE AND BONDING REQUIREMENTS Insurance requirements are found in the Agreement,Attachment D. A valid certificate of insurance shall be provided with the signed Agreement. Failure to provide such information within five(5)calendar days thereof may be grounds for termination of the Agreement. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. Bonding requirements are described in the Call, Part II, Section 9.2. If said bonds are required, the forms will be attached to the Agreement as Attachment D-1. 6.0 COMPLAINTS Complaints processed through the City Purchasing Division are to be corrected within fourteen (14) days of formal notice of complaint. Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the cancellation of the applicable line item(s)in the price agreement. 7.0 SUBCONTRACTING Subcontracting of the work under this Agreement will be allowed provided Contractor notifies the Project Manager at least 24 hours in advance. If Contractor intends to engage a subcontractor(s) to perform any of its obligations herein, subcontractor(s) shall agree to be bound by the duties and obligations of Contractor under the Contract as such duties and obligations may apply. Contractor shall, upon request, provide City with a fully executed copy of any agreement making such subcontract. 8.0 DELIVERY 8.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses, freight,mileage, time, or similar items will be accepted or paid by the City. 8.2 There may be instances when the Contractor may be asked to accelerate delivery of an order or services due to extenuating or emergency circumstances. When this occurs,the Contractor will be expected to provide this service at no additional cost. 8.3 In the event the Contractor is unable to meet the original delivery date(s), the City must be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be grounds for canceling order(s)or services, or the entire Agreement. 8.4 Delivery tickets must include the City's Blanket Order Number and the ordering department's Release Number. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 9 of 34 Contractor Services Agreement 8.5 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to the City. If the item (s) are not picked up within one (1)week after notification,the item shall become a donation to the City for disposition. 8.6 Material Safety Data Sheets(if applicable) 8.6.1 A Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to Revised Statutes Annotated (RSA) Chapter 277-A (277-A), shall accompany each delivery. Delivery of toxic or hazardous substance or mixtures containing such substance without MSDS sheets shall not be accepted. Delivered containers shall be properly labeled pursuant to RSA 277-A. 8.6.2 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277-A, shall place the Contractor in non-compliance and shall result in civil or criminal penalties. The Contractor furnishing substances or mixtures subject to RSA 277-A, is responsible for adhering to and being in compliance with this law. Failure to comply with RSA 277-A, shall result in the cancellation of an order. 9.0 WARRANTIES 9.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 9.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Contractor or any supplier at any tier. 9.1.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines "prompt" repair or replacement to be within twenty-four(24)hours after notification by authorized City personnel. 9.1.3 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City. 9.1.4 The Contractor shall remedy at the Contractor's expense any non-conforming or defective products or work. In addition, the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth,when that damage is the result of a defect of products furnished. 9.1.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 9.1.6 The City of Fort Worth shall notify the Contractor,within a reasonable time after the discovery of any failure, defect, or damage. 9.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 9.1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 9.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract,the Contractor shall: ITB No.20-0076 Instrumentation Equipment Parts and Services Page 10 of 34 Contractor Services Agreement 9.2.1 Obtain all warranties that would be obtained in normal commercial practice; 9.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 10.0 PRICE WARRANTY 10.1 The price to be paid by City shall be that contained in Contractor's proposals which Contractor warrants to be no higher than Contractor's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Contractor breaches this warranty, the prices of the items shall be reduced to the prices contained in Contractor's proposals, or in the alternative upon Contractor's option, Contractor shall have the right to cancel this contract without any liability to Contractor for breach or for Contractor's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Contractor may have in law or equity. 10.2 Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Contractor for the purpose of securing business. For breach or violation of this warranty, City shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 11.0 PRODUCT WARRANTY Contractor shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Contractor. Contractor warrants that the goods furnished will conform to City's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Contractor, if any. In the event of a conflict between City's specifications, drawings, and descriptions, City's specifications shall govern. 12.0 SAFETY WARRANTY Contractor warrants that the product sold or services provided to City shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act(OSHA) of 1970, as amended. In the event the product or services do not conform to OSHA standards, City may return the product for correction or replacement at Contractor's expense or City may terminate the contract. In the event Contractor fails to make appropriate correction within a reasonable time, any correction made by City will be at Contractor's expense. Where no correction is or can be made, Contractor shall refund all monies received for such goods or services within thirty (30) days after request is made by City in writing and received by Contractor. Notice is considered to have been received upon hand delivery, or otherwise in accordance with the Notice provisions of this contract. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 13.0 WARRANTY NTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 13.1 If applicable to the services being provided, the CONTRACTOR warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the"Deliverables,")do not infringe upon or violate any patent,copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights,in the performance of services under this Agreement. 13.2 If applicable to the services being provided, CONTRACTOR shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, ITB No.20-0076 Instrumentation Equipment Parts and Services Page 11 of 34 Contractor Services Agreement trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s)hereunder. 13.3 If applicable to the services being provided, CONTRACTOR agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as CONTRACTOR bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, CONTRACTOR shall 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 shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with CONTRACTOR 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 the City for infringement arising under this Agreement, the City shall 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, CONTRACTOR shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give CONTRACTOR timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate CONTRACTOR's duty to indemnify the City under this Agreement. If the Deliverable(s), 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, CONTRACTOR shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to CONTRACTOR,terminate this Agreement, and refund all amounts paid to CONTRACTOR by the City, subsequent to which termination City may seek any and all remedies available to City under law. 14.0 SAFETY The Contractor shall be responsible for creating and maintaining its own safety plan meeting all federal, state, county or city laws, ordinances and regulations. 15.0 HAZARDOUS CONDITIONS The Contractor is required to notify the City immediately of Contractor's discovery of any hazardous conditions during performance of the services. City may suspend contractor's work for such reasonable time as is necessary to evaluate the possible hazardous conditions and to develop a plan for managing same. Contractor and City may negotiate a change order, if necessary, for Contractor to continue its work if the original conditions have materially changed due to the discovery of hazardous conditions. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 12 of 34 Contractor Services Agreement PART-H GENERAL TERMS AND CONDITIONS 1.0 DEFINITION OF CITY The City of Fort Worth, its officers, agents, servants, authorized employees, contractors and subcontractors who act on behalf of various City departments,bodies or agencies. 2.0 DEFINITION OF CONTRACTOR The consultant, service provider(s), supplier, or other provider of goods and/or services, its officers, agents, servants, employees, contractors and subcontractors who act on behalf of the entity which is engaged in a contract with the City. 3.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth may be requested by a member of the public under the Texas Public Information Act. If the City receives a request for a Contractor's proprietary information, the Contractor listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Contractor believes that its information may not lawfully be released. If Contractor does not make arguments or the AG rejects the arguments Contractor makes, Contractor's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of City shall have a financial interest, direct or indirect, in any contract with City or be financially interested, directly or indirectly, in the sale to City of any land, materials, supplies or services, except on behalf of City as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 ORDERS 5.1 No employees of the City or its officers, agents, servants, contractors or subcontractors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the City. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the City's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Contractor without an approved contract number, purchase order number, or release number issued by the City may result in rejection of delivery, return of goods at the Contractor's cost and/or non-payment. 6.0 CONTRACTOR TO PACKAGE OOD If applicable to the scope of work, Contractor will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a)Contractor's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Contractor shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 13 of 34 Contractor Services Agreement 7.0 SHIPMENT UNDER RESERVATION PROHIBITED Contractor is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS If applicable to the scope of work, the title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 PLACE OF DELIVERY If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 10.0 RIGHT OF INSPECTION If applicable to the scope of work, City shall have the right to inspect the goods upon delivery before accepting them. Contractor shall be responsible for all charges for the return to Contractor of any goods rejected as being nonconforming under the specifications. 11.0 SOFTWARE LICENSE TO CONTRACTOR If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Contractor, and is licensed and provided to the City for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Contractor; however City may make copies of the software expressly for backup purposes. 12.0 OWNERSHIYP OF WORK PRODUCT If applicable to the scope of work, Contractor agrees that City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall 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 shall 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 shall 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, Contractor 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. Contractor for itself and on behalf of its contractors hereby waives any property interest in such Work Product. 13.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectively the "Network"). If Contractor requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Contractor is required to utilize the Internet, Intranet, email, City database, or other network application, Contractor shall separately execute the City's Network Access Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 14 of 34 Contractor Services Agreement 14.0 LAWS,REGULATIONS,AND ORDINANCES 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 Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 15.0 IMMIGRATION NATIONALITY ACT Contractor shall 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, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 16.0 HEALTH.SAFETY.AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Contractor must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Contractor agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Contractor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 17.0 RIGHT TO AUDIT Contractor agrees that the City, or City's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to City, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access, during normal working hours, to all necessary Contractor facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. City shall pay Contractor for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The City shall give Contractor reasonable advance written notice of intended audits, but no less than ten (10)business days. 18.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to ITI3 No.20-0076 Instrumentation Equipment Parts and Services Page 15 of 34 Contractor Services Agreement comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 19.0 TIME TO CURE/DISPUTE RESOLUTION 19.1 If either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first provide a reasonable time to cure and then attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the parry's specific reasons for such dispute. Within ten (10)business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail,phone conference, in person meetings, or other reasonable means to cure,resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to cure or resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure any deficiency. 19.3 In the event the Contractor continues with unsatisfactory performance,the department will promptly notify the appropriate Department Head who may take appropriate action to cure the performance problem(s). 19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of Contractor's receipt of notice of same. 19.5 The Contractor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 16 of 34 Contractor Services Agreement ATTACHMENT B CALL FOR BIDS/PROPOSALS PARTS I-II (Inserted behind this page) ITB No.20-0076 Instrumentation Equipment Parts and Services Page 17 of 34 Contractor Services Agreement FORT WORTH. '4111� CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFW01-20-0076 1 Event Round Version 1 1 Event Name ITB Instrumentation Equipment Parts and Services Start Time Finish Time Submit To: City of Fort Worth 02 05 2020 08:00:00 CST 02 27 2020 13:30:00 CST PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Instrumentation Equipment Parts and Services for the Water Department as specified in the attached Invitation to Bid(ITB). Terms & Conditions A pre-bid conference will be held at 10:00 AM,Wednesday, February 12, 2020 at the Scada Conference Room located at the Scada Control Center, 1511 11th Avenue Fort Worth,Texas 76102. FAILURE TO ATTEND THE PRE-BID CONFERENCE MAY IMPACT A POTENTIAL VENDOR S ABILITY TO SUBMIT FULLY INFORMED AND COMPETITIVE BID RESPONSE. ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. Bids are solicited for furnishing the supplies,services and equipment as set forth in this solicitation. Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., February 27, 2020, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager,YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth,Texas 76102 Bids delivered by special courier(i.e. Federal Express, Special Delivery etc.)are to be marked on the outside of the courier s shipping envelope BID No.20-0076, ITB-Instrumentation Equipment Parts and Services AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening.The undersigned agrees, if the bid is accepted,to furnish any and all items upon which prices are offered, at the price(s)and upon the terms, conditions and scope/specifications contained in this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date. Cooperative Purchasing: Should other Governmental entities decide to participate in this contract,would you,the Vendor, agree that all terms, conditions, specifications, and pricing shall apply(see Section 13, Part 1)? Yes No CONTENTS ITB BID OFFER SHEET**-Cover Page of Final Bid Document V1 and attached as separate document Part I Scope of Services/Specific Bid Information Part II Instructions to Bidders Part III Specific Terms and Conditions Part IV General Terms and Conditions Part V Attachments A-J Part VI Draft Agreement Form ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 1 of 67 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFWO1-20-0076 2 Event Round Version 1 1 Event Name ITB Instrumentation Equipment Parts and Services Start Time Finish Time Submit To: City of Fort Worth 02 0s 2020 08:00:00 CST 02 27 2020 13:30:00 CST PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. Legal Company Name: Company Address: City, State, Zip: Vendor Registration No. Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: Federal Identification Number(FID)# ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 2 of 67 FOR � p CITY OF FORT WORTH BID OFFER Line Description *UOM *Qty Unit Price Total Instrumentation Field Services Regular Hourly Rate, 8:00am to 5:00pm, Monday 1 thru Friday EA 100 Instrumenation Field Services Overtime Hourly Rate, 5:01pm to 7:59am, Monday thru Friday, and anytime on Saturday, 2 ISunday and Holidays EA 20 Instrumenation Shop Services Regular Hourly Rate, 8:00am to 5:00pm, Monday thru 3 Friday EA 100 Instrumenation Shop Services Overtime Hourly Rate, 5:01pm to 7:59am. Monday thru Friday, and anytime on Saturday, 4 Sunday and Holidays EA 10 5 Eastech Flow Controls Model 4700 EA 3 Eastech Flow Controls Model 2210 with Model F65A tansducer with 100-foot 6 transducer cable EA 3 7 Model 4700 Mother board EA 4 8 501729-0001, Display Module, Graphic LCD EA 4 9 00-0081 A10-11, C12 gas sensor EA 10 10 01-0015 A11-11, C12 gas PCB EA 10 11 00-0085 A10-15, NH3 Gas sensor EA 10 12 00-0016 A10-15, NH3 Gas PCB EA 10 13 01-0087, NH3 Transt PCB EA 10 14 00-0608, NH3 Sensor EA 10 15 B12-15-6-0100-1, NH3 Sens/Tran EA 10 16 792892, Prominent electrolyte solution EA 10 2051TG, Gauge Pressure Transmitter, Model 17 #2051TG3A611AB4M5S5 EA 10 0306, Rosemount 306 inline manifold. 18 Model0306RT22BAll EA 10 Rosemount Pressure Transmitter. Model 19 3051SMV1P41NNN2E11A1AD2E EA 5 Rosemount Pressure Coplanar Transmitter, 20 IModel 3051CD2A53A1AB415M5D4T1Q4 EA 5 ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 3 of 67 FORT CITY OF FORT WORTH BID OFFER Rosemount Pressure Coplanar Transmitter. 21 Model 3051CG4A53A1AB415M5D4T1Q4 EA 5 Rosemount Inline Pressure Transmitter. 22 1 Model 3051TA2A2632A15T1P2M5D4Q4 EA 5 Rosemount 3144 Temperature Transmitter. 23 Model 3144PD1A1E5B4M5C4Q4 EA 5 Rosemount Pressure Transmitter. Model 24 j3051CD2A02A1AM5D4K5KP2T1Q EA 1 5 MTAP,Telog Modem Technology Assurance 25 Plan EA 20 Rosemount plug and play display for Model 26 #644HANAJ6F6M5XA EA 10 R-3307,Seven-Channel Telogger. Model 27 13307A EA 5 28 13-133A, Batter Pack, Lithium, 9V 3.6Ah EA 10 8712EMR, Rosemount Magnetic Flow Meter 29 Transmitter. Model 8712EMR1A1M4Q4 EA 5 740048,Spare membrane caps (2ea).And 30 150mL electrolyte for CTE (2-20 ppm) EA 10 Rosemount Pressure Transmitter. Model 31 3051TG2A21321A64Q4D4M5 EA 5 1007540, ProMinent Total Chrlorine Sensor 32 for 10 PPM EA 5 644HANAM5F6Q4, Rosemount temperature 33 Itransmitter EA 5 34 lRosemount Inc. charger power supply EA 10 1250-0041, GDS Genie Gas Generator for 35 Toxic Gases EA 5 36 11250-0011, GDS Genie Chlorine Source-.5 to 50 ppm, 10hrs EA 10 1250-0043, GDS Genie Gas Generator for 37 Ammonia, 10 ppm to 150 EA 5 Siemens 7ML5034-4A A01, Siemens HydroRanger 200 HMI Hydro Ranger 200 38 HMI EA 10 Siemens 7ML5034-4AB01,Siemens HydroRanger 200 Ultrasonic level controller 39 1for up to six pumps that provides control EA 1 5 ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 4 of 67 F-°:Tt?V,,�,° . CITY OF FORT WORTH BID OFFER FDK:085UO226, Siemens Hart Module for 40 Mag 6000 Transmitter EA 10 Siemens 7ME6580, 7ME6580-5RJ14-21AR2 41 Sitrans F M MAG 5100 W EA 5 FDK:085U1053,Wall Mount Kit for Remote 42 Mounting Transmitter EA 10 FDK:001STCAB, Standard Cable, PVC Jacket, 43 3 Conductor Plus Overall Braided Shield EA 100 SR-X2V 02 Sensor, Honeywell SR-X2v 02 44 ISensor EA 10 45 SR-W-MP75C, LEL Sensor EA 10 Siemens 7ME6580, 7ME6580-6PJ14-2JAR 46 Sitrans F M MAG 5100 W EA 5 FDK:085UO220, Submersion Kit for Mag 47 IMeter Terminal Box EA 10 GDS Model Template, C64/N4-11-00-0/0-00- 0/00/0-0-0-1/0-0-3 GDS Corp C64 Protector Controller in N4 NEMA 4x non-metallic 48 enclosure with One 16Ch Analog Input Board EA 5 GDS Model Template, GMII-27-20-6/27-20- 49 6/3-0 GDS Corp GASMAX II Gas Monitor EA 5 GDS Model Template, GMII-27-12-3/27-12- 50 3/3-0 GDS Corp GASMAXII Gas Monitor EA 5 GDS Model Template, GMII-4-12-3/0-00-0/3- 51 0 GDS Corp GASMAX II Gas Monitor EA 5 52 12A310095 Cal Gas Bottle EA 10 6DR5220-OE N31-OAA4, 6DR5220-OEN31- OAA4 Sipart PS2 Smart electropneumatic positioner for pneumatic linear and part-turn 53 jactuators EA 5 1-lot Ammonia Pressure Feed System 54 Panel/Auto Valve& Remote Meter Panel EA 5 WPOV-1000,Wall Panel Omni Valve 55 equipment EA 5 56 SVF Series R8 Ball Valve EA 10 PGL-300-WE-NH3, diaphragm pressure 57 Igauge EA 10 58 GAH-LED-1010, Lead Gasket EA 10 ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 5 of 67 FOR�H., CITY OF FORT WORTH BID OFFER 59 MV-1A Ammonia Header Valve EA 10 60 HTH-111-115, Heater&clamp EA 10 KTH-1000-PRV-NH3, PM kit for Series 6000 61 regulator EA 10 62 KTH-040-OV-NH3, PM kit for OV-1000 EA 10 KtH-2000-RMS-NH3, PM kit for 12" gas flow 63 meter EA 10 Check Valve, 1.5" FPT Inlet/Outlet, 1-1.5 PSI 64 cracking pressure EA 10 KTH-040-OV-NH3, PM kit for OV-1000(2000 65 ppd)CL2 EA 10 KTH2O00-RMS, PM Kit Series 3000 2000ppd 66 remote meter panel EA 10 KTH-6000-DPW, PM kit for differential 67 pressure regular EA 10 68 VM-150,Vacuum Monitor EA 5 FMR20-AAPBNVCEXR02+R3 Endress+Hauser 69 Radar Level FRM20-15X1/0 EA 5 FMR20-AAPBNVCEXR01+R3 Endress+Hauser 70 Radar Level FRM20-1633/0 EA 5 71 IFMR20-AAPBMVCEVEE2, Mircropilot FMR20 EA 5 72 93TA1-5PK8/0 E+H Ultrasonic flow EA 1 TMT162-1H47/0.(890BE123223)Temp 73 Transmitter EA 5 TMT162-1H47/0.(880C1923223)Temp 74 ITransmitter EA 5 75 PMP71-63N44/101 Press Transmitter EA 5 76 PMP71-63N51/101 Press Transmitter EA 5 Promag P500 513561F-43F4/0 Electmag 77 Flowmet EA 5 78 PMD75-6JU06/101 Diff Press TransM EA 5 �KDIGD-IFAEL Promag,gounding 79 disc/protection disc EA 10 t5GC-1FL Promag L/W/P/S,E,grounding 80ble kit EA 10 81 FMU90-R11CA161AAlA Prosonic S FMU90 EA 5 93C6H-LHLC2AACBAAA, Prosonic Flow 82 93C61-1 Inline, DN600 24" EA 1 83 PD765-6130-00, Digital Panel Meter EA 10 ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 6 of 67 FORT WORTH, CITY OF FORT WORTH BID OFFER PD765-6110-00, Precision Digital Panel 84 Display EA 10 Instrumentation Equipment Onsite Pickup 85 and Delivery Rate per Mile EA 100 All other parts and maintenance at 86 Manufacturer's List Price Less Discount Total Bid Amount: *All parts and materials shall be purchased at the discount provided above. If no discount is offered, please enter zero on the percentae line.All parts will be added through an addendum on an as needed basis throughout the life of the agreement,therefore,the bidder shall submit a price list for all the items with their bid submittal. ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 7 of 67 CONTENTS • Cover Sheet Bid Offer Sheet • Part I Scope of Services/Specific Bid Information • Part II Instructions to Bidders • Part III Specific Terms and Conditions • Part IV General Terms and Conditions • Part V Attachments A-J • Part VI Sample Agreement Form ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 8 of 67 PART-I SCOPE OF SERVICES/SPECIFIC BID INFORMATION/QUESTIONS 1.0 SCOPE 1.1 The City of Fort Worth(City) seeks bids to award one or more non-exclusive contracts to provide new and replacement water and wastewater utility instrumentation equipment and appurtenances, as well as replacement parts on an "as needed basis" for the Water Department, The City intends to award multiple agreements to provide full coverage of service for the City. 1.2 Hourly charges shall include all labor,equipment,driver(s)and fuel. 1.3 Unit prices shall include all costs associated with the specified work, including but not limited to handling,delivery,fuel charges,and any other fees.No additional charges will be accepted or paid by the City. 1.4 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.5 The successful bidder(s)shall be known hereafter as"Contractor". 2.0 TERM The City intends for this to be a one-year agreement with options to renew up to four(4)additional terms. Renewal shall be at the City's sole request with Contractor's concurrence. 3.0 PRE-BID CONFERENCE A pre-bid conference will be held at 10:OOAM,Wednesday,February 12,2020 at the Scada Conference Room located at the Scada Control Center, 1511 I It"Avenue Fort Worth,Texas 76102.Failure to attend the pre-bid conference may impact a potential vendor's ability to submit a fully informed and competitive bid response.Attendance is not mandatory, but strongly encouraged. 4.0 SCHEDULE AND ADDITIONAL BID REQUIREMENTS Bids shall be responsive to this Part I, the Bid Offer Sheets and otherwise in accordance with Part II, Instructions to Bidders. 4.1 Any bid that does not include a response for ALL of the requested services on the Bid Solicitation Form may be rejected. Award may be made without discussion with Bidders after bids are received.Bids should,therefore,be submitted on the most favorable terms. 4.2 Schedule of Bid Events: ITB Release Date February 12,2020 Pre-Bid Conference Febivaiy 12"'at 10:00AM(Section 3) Deadline for Questions February 10,2020 at 5:00 PM(Local Time) Answers Posted February 12,2020 Response to ITB Due February 27,2020 by 1:30 PM(Local Time) Responses opened and read aloud February 27 at 2:00 PM(Local Time) Anticipated M&C Council Date April 7,2020 ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 9 of 67 4.3 Bidders shall submit the following items with their bid: 4.3.1 A completed and signed original Invitation to Bid(ITB)Signature Sheet; 4.3.2 A completed and signed original Conflict of Interest Questionnaire (Part V, Attachment B); 4.3.3 A completed Bidder's Contact information Form(Part V,Attachment C); 4.3.4 A completed Consideration of Location of Bidder's Principal Place of Business, if applicable(Part V,Attachment D); 4.3.5 A completed Reference Sheet(Part V,Attachment E); 4.3.6 A completed Bidder's Qualification Questionnaire(Part V,Attachment F); 4.3.7 All items listed in Part II,Section 3.0,Bidder's Qualifications; 4.3.8 Contractor shall provide list of all instrumentation brands authorized to sell, repair and troubleshoot with their bid response(Section 2.5,Attachment A); 4.3.9 Contractor shall provide proof of authorization to sell and repair instrumentation equipment(Section 2.7,Attachment A); 4.3.10 Contractor shall provide listing,resumes and/or licenses of staff(Section 2.8,Attachment A); 4.3.11 Contractor shall provide warranty language for materials, equipment, components, and labor(Section 2.11,Attachment A); 4.3.12 A completed and signed Verification of Signature(Pail V,Attachment J); 4.3.13 A copy of all submitted documents saved on a flash drive. 4.4 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements.Failure to submit the items listed herein may be grounds for rejection of a bid as non-responsive. 5.0 METHOD OF AWARD Contract(s) will be awarded to the lowest responsive and responsible bidder complying with all of the provisions of the ITB,provided the bid price is reasonable and it is in the best interest of the City to accept it. 6.0 RESERVATIONS In order for the City to receive adequate coverage on its service needs, the City expressly reserves the following rights: 6.1 to make multiple contract awards; 6.2 to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City; 6.3 to consider and accept alternate bids,if specified in the ITB,when most advantageous to the City; 6.4 to waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 6.5 to waive any minor informality in any bid or ITB procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 6.6 to add additional terms or modify existing terms in the ITB by addendum prior to the bid opening date; 6.7 to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature; ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 10 of 67 6.8 to evaluate bids in relation to the performance record of Bidder with the City, another municipal corporation or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Contractor's failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City and the public at large; 6.9 to reject a bid because of unbalanced unit prices; 6.10 to specify approximate quantities in the ITB; 6.11 to extend the ITB opening date and time; 6.12 to reissue an ITB;and/or 6.13 to procure any item by other means. 7.0 QUESTIONS Questions,explanations or clarifications desired by a Bidder regarding any part of the bid must be requested as detailed in Part II,Section 2.0. Email questions to:FMSPurchasingResponsesofortworthtexas.gov Bidders must include the ITB number,name of the bid and the name of the buyer in the subject line. Please note,if an e-mail confirming receipt of your e-mail is not received within 1 business day, please contact City of Fort Worth Purchasing at 817-392-2462. If by facsimile: (817)392-8440,Attention:Sarah Czechowiez and ITB No.20-0076. IT6 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 11 of 67 PART -II INSTRUCTIONS TO BIDDERS 1.0 REVIEW OF DOCUMENTS Bidders are expected to examine all documents that make up the Invitation to Bid ("ITB"). Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the ITB. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete ITBs. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation, clarification,or interpretation desired by a Bidder regarding any part of the ITB must be requested in writing from the Purchasing Division and must be received as per the schedule established in Part I, Section 4. Interpretations, corrections, or changes to the ITB shall be communicated by addendum to all known prospective Bidders. Communications made in any other manner are not binding upon the City and Bidders shall not rely upon such communications, including oral explanations or instructions provided at any pre-bid conference. Any oral communications stated by any department are considered unofficial and non-binding with regard to this ITB. 2.2 Requests for explanations or clarifications may be emailed or faxed to the City's Purchasing Division as provided in Pail I, Section 7. The communication must clearly identify the Contractor's name and the ITB number. 2.3 Unauthorized Communications: Bidders' contact regarding this ITB with employees or officials of the City other than the Purchasing Manager, the Minority and Women Business Enterprise (M/WBE) Office, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion,verbal or written,with any members of the City Council,City staff or City's consultants,or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this ITB, except as herein provided. Any violation of this prohibition may result in the Bidder being disqualified from the procurement process. 3.0 BIDDER'S QUALIFICATIONS 3.1 The following information must be submitted as part of the bid package and shall be supplied in the following order: 3.1.1 Bidder's background,services provided and number of years in business. 3.1.2 Evidence that Bidder is duly licensed, qualified and capable to fulfill and abide by the requirements listed herein with the bid. The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. 3.1.3 In order to receive contract award consideration, the bidder shall maintain sufficient resources to fulfill normal City of Fort Worth requirements. 3.1.4 Bidders shall provide a reference list of a minimum of three (3) current customers for whom the bidder has recently supplied subject item(s) or performed same or similar work over a recent twelve(12)month period. ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 12 of 67 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by the ITB on the documents provided. Bids submitted on other than the forms included in the ITB may be considered non-responsive. Any attempt to alter the wording in the ITB is ineffective and will result in rejection of the Bid. 4.1 Taxes:Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 4.2 Brand Name or Equal: If the ITB indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal, Final determination of a product as"equal"remains with the City. 4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated,the Bidder shall state its best delivery time. 4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price,with the goods delivered to the place specified,at the Bidder's expense and risk,and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. See Part III, Sec. 9 for further instructions. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. 4.5.2 Pricing shall be entered on the Bid Offer Sheet in ink. 4.5.3 Totals shall be entered in the"Total Price"column of the Bid Sheet. 4.5.4 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 4.6 Signature: The Bidder must sign each document in the ITB requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security:If a bid security is required for this purchase,the requirement will be reflected in the "Specification"section of the bid package. 4.7.1 The bid security shall be in an amount of 5% of the amount bid. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted, and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. 4.7.2 To be an acceptable surety on the bond: 4.7.2.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties(Department Circular 570);or 4.7.2.2 The surety must have capital and surplus equal 1.0 times the amount of the bond. The surety must be licensed to do business in the state of Texas. ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 13 of 67 4.8 Alternate Bids:Bidders may offer an"equal"product as an alternate bid.Final "approved equal" determination remains with the City. 4.9 Proprietary Information: 4.9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt.(See Part IV,Sec,3.0) 4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General. 4.9.3 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 4.10 Bid Preparation Costs: All costs associated with preparing a Bid in response to the ITB shall be borne by the Bidder. 4.11 Payments: All payment terms shall be "Net 30 Days" unless otherwise specified in the bid document. 4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at http://www.fortworth og v.org/purchasine/,click on"Automated Clearing House Setup" 5.0 SUBMISSION OF BIDS Bid document: Unless otherwise specified,Bidders are required to submit a signed executed original and one scanned copy contained on a flash drive.Bids must be submitted in an opaque sealed envelope with the bid number written on the outside of the envelope. 5.1 Documents required with Bid:The following documents must be submitted with each Bid: 5.1.1 The completed and signed City of Fort Worth Bid Offer Sheet and; 5.1.2 Any other document included in the ITB requiring completion or execution by the Bidder. 5.2 Addenda: Receipt of any Addenda must be acknowledged by signing and returning the Addendum with the Bid. 5.3 Receipt of Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time set forth in Part I, Section 4. The Bid must be received by the Purchasing Division and time-stamped before deadline to be considered. All Bids received after the Due Date and Time are considered late,will not be opened or considered and will be returned to the Bidder. The time stamp clock on the receptionist's desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies or any other form of delivery service chosen by the Bidder or City's mail room.Bids delivered to a City location other than the Purchasing Division will not be considered. 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bidders may modify their bid if it is withdrawn and resubmitted prior to the Due Date. ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 14 of 67 6.2 Withdrawal of Bids: Bids may be withdrawn by submitting a written request to the Purchasing Manager at any time prior to the Due Date.Electronic submission of a notice to withdraw a bid is acceptable so long as the request is signed by the Bidder's duly authorized representative. Proof of same may be required by the Purchasing Manager prior to a withdrawal being permitted. A receipt of the withdrawal must be signed by the Bidder. 6.3 No bids may be withdrawn after the Due Date without a showing of good cause or unless there is a material error in the bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening bids shall personally and publicly open all bids timely received,reading each bid aloud including the name of the bidder and the price provided. 8.0 EVALUATION FACTORS OF BID AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the ITB (unless otherwise specified). However,the City may evaluate and award a contract for any item or group of items shown on the ITB,or any combination deemed most advantageous to the City. Bids that specify an"all or none"award may be considered if a single award is advantageous. 8.2 Correction of Errors: Prices bid shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals,the unit prices offered will govern.Math errors in bids may be corrected by the City and the Bidder will be informed of said corrections. 8.3 Responsible/Responsive Bidder: 8.3.1 A responsive bidder is defined to be one who submits a complete bid packet within the stated time deadline and in accordance with the bid specification. 8.3.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies,equipment,or services being procured. 8.4 Award. A contract, hereinafter called the "Agreement", shall be awarded to the bidder(s) with the lowest price bid and which are otherwise qualified and competent, or in the case of a best value bid, the contractor(s) who's submittal offers the best value for the City based on the evaluation criteria,unless the City exercises its rights not to award a contract. 9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 9.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required as stated in Part III and Part V of this ITB. 9.2 Payment and/or Performance Bonds: When Payment and/or Performance Bonds are required as per Texas Government Code Chapter 2253, et seq., as amended, the successful Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the ITB. A Payment Bond is required for a contract greater than $50,000 and a Performance Bond is required for a contract greater than $100,000. 9.3 Minority Business Enterprise(MBE) Documents: If an MBE goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two (2) City business days after the bid opening date, exclusive of the bid opening date,to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 15 of 67 9.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution,the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the ITB before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/wliatsnew/elf info_form1295.htin. 10.0 PROTEST PROCEDURE 10.1 Contractors who respond to Invitations to Bid have the right to protest the ITB process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 10.2 The Contractor must submit any protest in writing to the Purchasing Manager within 14 days after the Contractor knows,or should have known,of the facts giving rise to a protest. 10.3 The Purchasing Manager,or designee, is authorized to take action to attempt to resolve a protest concerning a purchasing action through informal discussions, mail, and email or in-person meetings with the protesting party. 10.4 After said discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Contractor of the right to review by a panel made up of City staff. 10.5 A protest review panel will consist of an Assistant City Attorney, a representative of the operating department and any other appropriate personnel or employees of the operating department,and the Purchasing Manager, 10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Contractor does not agree,the protesting Contractor will be informed of its right,as a member of the general public,to attend any meeting of the City Council and make known his/her concerns. 10.6.1 Contractors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http://fortworthtexas. og; v/ci secretary/info/default.aspx?id=2914 on the City's website. 11.0 THE AGREEMENT The Agreement shall consist of the ITB and its attachments, Contractor's Response to the 1TB and such other parts and attachments as are specified in the Agreement. The Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their understanding as to the scope of work.No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in the Agreement.Acceptance of or acquiescence in a course of performance under the Agreement shall not be relevant to determine the meaning of the Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. In the event of a conflict between the contract documents, the order of precedence shall be the ITB, including its attachments, and then the Contractor's response. See Part VI for the Agreement document. 12.0 CONTRACT ADMINISTRATION Contract administration will be performed by the City Department on whose behalf the ITB was issued. In. the event the Contractor fails to perform according to the terms of the agreement,the Department head or his/her designee will notify the Contractor, in writing,of its failures.A meeting may be arranged to discuss the Contractor's deficiencies. The process to cure or resolve disputes found in Part IV,Paragraph 19 shall govern. ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 16 of 67 13.0 COOPERATIVE PURCHASING 13.1 Should other governmental entities decide to participate in this contract, bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 13.2 If the successful bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this ITB. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 17 of 67 PART—V ATTACHMENTS A-J (Behind this cover sheet are Attachments A-.n ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 27 of 67 ATTACHMENT - A SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) issues this invitation to bids to award one or more non-exclusive contracts to provide new and replacement water and wastewater utility instrumentation equipment and appurtenances,as well as replacement parts,on-site or shop repairs,calibration, engineering and startup services and field troubleshooting in accordance with the descriptions and specifications listed in this solicitation. 1.2 Brand Name or Equal: The Bidder may offer an "equal" product of any brand name mentioned and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal"remains with the City. 1.3 Following the award, additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added. 1.4 Partial listing of instrumentation utilized at the City's Water Department: 1.4.1 Flow Measurement,Switches and Transmitters—liquid and gaseous 1.4.1.1 Venturi meters 1.4.1.2 Orifice plate meters 1.4.1.3 Magnetic flow meters 1.4.1.4 Sonic flow meters 1.4.1.5 Open channel flow meters 1.4.1,6 Thermal mass flow 1.4.2 Pressure Measurement,Switches and Transmitters 1.4.3 Temperature Measurement,Switches and Transmitters 1.4.4 Level Measurement,Controllers,Switches and Transmitters 1.4.4.1 Sonic 1.4.4.2 Radar 1.4.4.3 Float 1.4.5 Weight Measurement,Switches,and Transmitters 1.4.6 Analytical Measurement, Switches,and Transmitters 1.4.6.1 Ozone analyzers 1.4.6.2 Oxygen analyzers 1.4.6.3 Dewpoint analyzers 1.4,6.4 Fixed and portable gas detectors 1.5 Partial listing of instrumentation brands utilized at the City's Water Department: 1.5.1 Eastech 1.5.2 Emerson/Rosemount 1.5.3 Prominent 1.5.4 Telog 1.5.5 McCrometer 1.5.6 Endress Hauser 1.5.7 Mine Safety Applaicne(MSA) 1.5.8 Siemens 1.5.9 Analytical Technology,Inc.(ATI) ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 28 of 67 2.0 APPLICABLE CODE,STANDARD AND REFERENCES 2.1.1 All work, equipment, and materials shall be in accordance with the following applicable codes and standards except as provided 2.1.1.1 American Water Works Association (AWWA) Manual M2- Instrumentation and Control 2.1.1.2 National Electrical manufacturer's Association(NEMA) 2.1.1.3 American Society for Testing and Materials(ASTM) 2.1.1.4 Underwriters Laboratories(UL) 2.1.2 All inspections, tests and troubleshooting shall utilize Manufacturers' instruction manuals applicable to each particular apparatus. 2.2 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 2.3 The successful bidder(s) shall be known hereafter as "Contractor", shall provide all necessary work,services,materials,parts,equipment and supplies on an as-needed basis,as requested by the City. 2A Contractor shall provide a list of all instrumentation brands authorized to sell, repair and troubleshoot with their bid submittal. 2.5 Contract References — Contractor shall provide list of three references for which bidder has provided startup, commissioning, calibration, troubleshooting, and repair services. Attachment E. 2.6 Contractor Association — Contractor shall provide proof of authorization to sell and repair the brand of instrumentation listed on bid solicitation page. 2.7 Contractor Staff Qualifications — Provide listing, resumes, and/or licenses of staff that will be providing startup,commissioning,calibration,troubleshooting,and repairs, 2.8 Contractor Qualifications — Contractor shall be experienced in the selection, startup, commissioning, repairs, calibration, troubleshooting, engineering and sizing, and overall knowledge of the instrumentation utilized within a water and wastewater utility. Contractor shall have good working relationships with instrumentation suppliers, and be able to show a history of work coordination between suppliers and utilities. 2.9 Response Time — Contract allows for a maximum response time of 48 hours. Contractor shall provide on-call capabilities and confirmation that Contractor will be able,to respond in a timely manner, By submitting a bid, Contractor agrees to respond to requests for repairs, calibration, warranty work/or troubleshooting within 48 hours of notice by the City. 2.10 Warrantv—Contractor to include in their proposal the warranty language for materials,equipment, components and labor to be utilized in the Contract. Minimum warranty time to be two years from the date of installation. 2.11 Delivery and Pickup — Instrumentation requiring Contractor shop repair and/or calibration shall be picked up by the Contractor unless otherwise requested by the City. Compensation for pickup and delivery of equipment shall be per mile required for transportation from the site to the Contractor shop. Instrumentation that can't be field or shop repaired and/or calibrated shall either be replaced, or mailed to the supplier's shop for supplier repairs and/or calibration. Contractor shall be required to coordinate supplier repairs with the City. 2.12 Hourly Rates — Due to the wide range of work to be performed within this contract, compensation to the Contractor shall be broken down into hourly rates for field services and shop services taking into account the time work is performed. The unit price for hourly rates shall be ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 29 of 67 full compensation for all salaries, benefits, transportation costs, overhead and profits. No compensation will be provided for tools,testing equipment, or software necessary to perform the work, 2.13 Instrumentation,Materials, and Components—New or replacement instrumentation, along with associated materials, components and supplies may be requested/ordered from the Contractor. Contractor shall be compensated for these purchases on the completed proposal sheet. Unless otherwise approved by the City,all instrumentation, materials, and components must be new. he invoice for the materials,equipment,components,and supplies shall accompany the invoice to the City. 2.14 Delivery Time — Should the City elect to purchase new instrumentation, Contractor must disclose with their job estimate the time required for delivery. Additional time required beyond the estimated time resulting from either the inexperience of contractor staff, improper sizing or application, or lack of coordination with the supplier will not be compensated by the City. 2.15 Repair Estimates—Contractor will provide an estimate for repair in writing before proceeding with any repair work. Estimate shall be provided to the City in a timely manner. When requested, Contractor shall provide an estimate for replacement of the equipment, in lieu of repair. If job estimates exceed $5,000 or the estimated cost is deemed unreasonable, the City may at its discretion competitively bid the work out as an independent contract. 3.0 STARTUP,COMMISSIONING,TROUBLESHOOTING,REPAIRING 3.1.1 Contractor shall provide one electronic copy of shop drawings,startup reports, and O&M manuals for new equipment provided under this contract. 3.1.2 The City will supply equipment shop drawings, operations and maintenance manuals, engineering drawings and specifications, and any additional equipment and/or system information that would be helpful to the Contractor prior to field investigation or troubleshooting, 3.1.3 Contractor will be expected to properly size new or replacement equipment, based on information provided by the City on operational parameters. Should the sizing not be performed properly based on the information provided by the City, Contractor shall be responsible for the replacement or upgrade. 3.1.4 At the equipment commissioning, the Contractor shall be responsible for implementing all final settings and adjustments on equipment provided,with input from the City on the operational parameters. 4.0 FIELD SAFETY PRECAUTIONS 4.1.1 Contractor shall be responsible for meeting all federal, state, and local requirement related to workplace safety. 4.1.2 Contractor is required to provide their staff with all personal protective equipment associated with the job requirements. 4.1.3 Contractor shall coordinate with City staff to de-energize equipment prior to initiating field work activities. 4.1.4 Contractor shall provide City with insurance certificate prior to award of contract. ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 30 of 67 ATTACHMENT B CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in. the Questionnaire Form CIQ ("Questionnaire") the person's affiliation. or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence,or another writing related to a potential Agreement with the City.Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.etliics.state.tx.us/forins/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement.An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City,state Contractor name in the# 1,use N/A in each of the areas on the form. However, a signature is required in the#4 box in all cases. (form follows) FORM 1295—Under the Texas Government Code,Ch. 2252.908,a contractor doing business with the City of Fort Worth with an initial contract value which requires city council approval will, unless otherwise exempted,be required to submit a Form 1.295.See Part II,See.9.4. ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 31 of 67 ATTACHMENT-I INSURANCE AND BONDING (Behind this page are the City's standard insurance,payment and performance bond requirements) ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 39 of 67 1.0 INSURANCE REQUIREMENTS 1.1 The Vendor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement.The Vendor shall file with the City of Fort Worth Purchasing Division,prior to the commencement of services,a certificate of insurance documenting the following required insurance. LIA Failure to provide such information within five(5)calendar days may be grounds for Agreement termination. 1.2 Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City.In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage,and the City desires the Vendor to obtain such coverage,the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 1.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers'Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers'Compensation Act(Art. 8308—1.01 et seq. Tex.Rev.Civ. Stat.)and minimum policy limits for Employers'Liability of $100,000 each accident/occurrence,$500,000 bodily injury disease policy limit and $100,000 per disease per employee. 1.2.2 Commercial General Liability Insurance including Explosion,Collapse,and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following:premises/operations, independent vendors,products/completed operations,personal injury,and contractual liability. Insurance shall be provided on an occurrence basis,and as comprehensive as the current Insurance Services Office(ISO)policy. 1.2.3 Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on"Any Auto",defined as autos owned,hired and non-owned. 1.2.4 Environmental Impairment Liability(EIL)and/or Pollution Liability$1,000,000 per occurrence$2,000,000 aggregate.EIL coverage(s)must be included in policies listed or, such insurance shall be provided under separate policy(s).Liability for damage occurring ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 40 of 67 while loading,unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s), 1.2.5 The Vendor shall furnish the Purchasing Manager,with a certificate of insurance documenting the required insurance prior to the commencement of services. 1.2.6 Policies shall be endorsed to provide the City of.Foil Worth a thirty-(30)day notice of cancellation, material change in coverage,or non-renewal of coverage. 1.2.7 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured,as its interests may appear(ATIMA). 2.0 ADDITIONAL INSURANCE REQUIREMENTS 2.1 The City,its officers,employees and servants shall be endorsed as an additional insured on Vendor's insurance policies excepting employer's liability insurance coverage under Vendor's workers' compensation insurance policy. 2.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Vendor can begin work.Failure to supply and maintain such insurance shall be a breach of contract.Vendor shall provide complete copies of all insurance policies required by this Agreement.Certificates of insurance must be supplied to: Financial Management Services Department Attention:Purchasing Division Bid 920-0061 200 Texas Street,Fort Worth,Texas 76102 2.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein.Each insurance policy shall be endorsed to provide the City a minimum 30 day notice of cancellation,non-renewal,and/or material change in policy terms or coverage, A ten(10)day notice shall be acceptable in the event of non-payment of premium. 2.4 Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A:VII or equivalent measure of financial strength and solvency. 2.5 Deductible limits,or self-funded retention limits,on each policymust not exceed$10,000.00 per occurrence unless otherwise approved by the City. 2.6 Other than worker's compensation insurance,in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. 2.7 Workers'compensation insurance policy(s)covering employees of the Vendor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 2.8 City shall not be responsible for the direct payment of insurance premium costs for Vendor's insurance. 2.9 Vendor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 2.10 While the purchase order is in effect,Vendor shall report,in a timely manner,to the Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. Vendor's liability shall not be limited to the specified amounts of insurance required herein. ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES 41 of 67 ATTACHMENT C CONTRACTOR'S RESPONSE TO CALL FOR BIDS/PROPOSALS (Inserted behind this page) ITI3 No.20-0076 Instrumentation Equipment Parts and Services Page 18 of 34 Contractor Services Agreement FORT WORTH.) ADDENDUM TO INVITATIONTO BID NO.10-0076 INSTRUNtILWATION LQUIMMAT PARTS ANDSERVICES FOR THEWATER DEPARTMENT CITY OF FORT WORTIT PURCIIASING DI(VISION ADDENDLIM NO.I DATE ISSUM.FEBRUARY 18,2420 INVITATION TO BID(M);20-0076 BID OPENING&M, FEBRUARY 27,2020(UNCHANGED) IT13 No.20-007C issued Fcbmary 5�20-M is here-by ameaded as rollowl, 1. Questions and An4wers rtv. 6wd 411 thi!jue-prqxmal wnfewilm and email arc,herclly incoTparawl,ili fill wxi.page 2. 2. The lon,06wo nhedutc has becu chungvd in mul: 1113 Weasc bale 3,2020 1'r-c-Bid Coareiracv NbruAry 1216,at I MAAM(Section 3) DAta,dliu fried.wsiiwj� Fobritary 14,20-70 at 5:00 I'M(Loeal'l'ono Amlvvtrs Puslcd Rbivary 191,2011) Kvsponsr IG 1'1713 Due Feltmi-ay"?,21()10 by 1,30 I'Lld(1-4w,411 Tillie) Re,qianscs opowd and rcadalowd FvbnUuy 27iAl,2:(1 PNI(U)cal'Twie) ,A alicipglwd MC CQunuil Duc April 2024 rill other wrmq aad conditious runulin the saine. 841diifiijiv rr,,quirctilo.,tckncl,,Yl.cdgc, and sitbrnit with uripinal pruposuls- All other f.craisand conditions remain unchanggNL Sar;ih Czeebow.lez BUYER 4 .... ....004400000W ...................B v ;.C u ratide part of signat re iffixed;e$0V j- Sd�o;d5WZ,-,-1 is7hetvaby incorporateJ irlto nud the above rc krcticcA Request.for Proposal, COMPANY NAME: Awtwsko SIN KrURE:— N('Yf E- (7cyinpany na, >e and sijpiature rrJUM:ht tlllC.Y1r1aC',l'S Oil the origitut bid Failure to return this fnnn with your seated bid inny constitote pbroumk JIM'MJ12diOn OFYOLEV i)tTer, ITB No.20-0076 Instrumentation Equipment Parts and Services Page 19 of 34 Contractor Services Agreement L Questions and Answers reeelved aarkA hereby incorporated, Q1, Do vcadjars twed to bid on cv�.ry>ln&liner A1, blip•ng is not i-equired on 40 lines,Me City encwrr4w=rw vvaOars ro vibuait.aff pficing and Bran atlefiflu al Iwicirrgy Piss. 1 Can we provide art ahernate bid? Al Yes,alfernme bids tyre a cc}pi&l. tea, May vcndors submit bids for addiClowd items and wviccs? .nl3. The hid will k rzvtr(wrod based On tha dirge items Ou&&did 4?IIL-r:S114w. Additional servives and f ems nigy be,atlac he4!&the Nd doculplerrr, ITB No.20-0076 Instrumentation Equipment Parts and Services Page 20 of 34 Contractor Services Agreement Foxr%um .......... CITY OF FORT WORTH BID OFFER Invited: DIDDERS Evarrt Mama Start T1mlrf FimlsM Tie" SrAmit To, Fort Worth 7 CIM, �:j.1 "T 1-,4-k�., - PU HASIN�s DWISION LOWER LEVEL CiTY HALL M TEXAS SY. Fort Worth TX`Y6102 United Gialles Email: FNiSPurchpqin�Rosig,,fi!*s(Rkwtworthtexas.gov Event Dasc-rlptlon P-ement tar InOnxmimIalion Equipment,Paris and Services for the Watef N pArtrn6nt as specified In the allat-ted Invitabco 10 W'd(ITS), Terms&CondWons r*pre bid mrierance wA h*held of 10:00 AM.Wednesday.February 12,2020 at the ScAft CWarumua Room afed at 0,,A-Scads Ocntred Center 1511 11 IhAverxm Fort Worth,Texas 76102,FAILURE TO ATIENDTHE PRE-BID CONFERENCE MAY W1PACTAk)7EN*,k1,VENDOR SABILITY TO SUBF4117A FULLY INFORMED AND COMPETITIVE 810 RESPONSE. ATTENDANCE 13 NOT MANDATORY BUT IS STRONG.VeEINGOURAGED, Bids as solidlod for furnishing the stipplies,sarvices and equi ment as se Ift t forth [his saliritwlion, Czmpletad Bids irclu&ig one exi3cMod original and one USE�awh drive omAnfivrQ efecironit vwjipnN o4 ill bid docunwpis must beieo"d In the Pumfiawig 014skm by 1;3DP,Nl-.Februarlr2 and rdihanpulAwy opetvd aryl rowJ aloud at 2:00 P.M.in the Council Chambers,Bids musi be stkmilted in a sealed enyem pe'WITH THE 131D NUMBER WRITTEN ON THE OUTSIDE Or tHE ENVELOPE,ajJ0f"qgd le the PurchasingMena er.YOUR 810 MUST M RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1;30 USEALIN OR8GR TO BE CONSIDERED, 91tfs 00 be mall or lwwl ee*mrod tuihe folkwing address: City of Fan worth,Purchasing Dlwislw Lower L"I,City Moll,700 Texas,Street,Fort Wcoh,'texas 781172 Bids cieWeradbys Fgdoral limpross.Special Defiverye1c)are tobemarke4 on tha outside of the couri�-a a shZi anvelo ja RID No,20-M74,ITO-Instrumentation E I ment Pula aad PAZ Serhoss AND))UST 13E C WEb X THE P0�0HASING OFFICE AND TilkAE S WED PRICR TO THE 1 30 DEADLINE IN ORDER TO BE CONSIDERED, Late Lid&W*be roNmed or deslrayad:they w"not be opemd w considared In tho 0,mluotion of#*bid, Bids may be withdrawn at wty time prior to the offixial opening.Bids may notbe altetftl,or wided arwithdrmwi after the official operin The UndarWad atireat.it the bid IS acceptcl.to furitsh arTy and all Ilams upop vo-hich prates we oftreq1,1 at the prie0s)and upqrithe towns,woditign3 and-.o Ift cilkalfonac*ntsinadiri this documant.The peried for acceptaAce of this bid wit ba 90 ealondnr =r Ire bid oponlN dale, Should other 19 pilitfigirte in this w3rwt wauW�w,the Wild agito[hat tow. -S prid oc bn so term,c-onditions,spedfica, �,arr. Jng shall apply 4sea S t, 13,F Nn— CON7Ef,fTS ITS aID OFFER SHEET" GIvor Pa a of Feral Ed Dacumeffl V1 wd aft as svaale ducumant Part I Scapa d Pa Part it inslr.uallops lo Bidders Pori III Sp the Terms and ConWicins Pori IV General Terms amd Conditions Part Vr Atlanhamnts A-J Part VI DrAR Agreement Form ITB No.20-0076 Instrumentation Equipment Parts and Services Page 21 of 34 Contractor Services Agreement FORT WIRTI]. CITY OF FORT WORTH 810 OFFER Event 10 F-yunt Round Vqr4IQR ............. Evtot Name son TIM4 FIhIsh Time Suhmlt7o, City of Fod V#00h '2 3 1:i:4 PURCHASIRG DWISION LOVYOR tiwel.CITY KALL 2W TEXAS ST Fort Worth TX i61112 United SIples Emait: to'Nas.9w The undGrzatVw. d.by hIsMar dpature,r senls Mat Josshi3 is SvbmIt0rq a bindi.n offer arw Is awthomed to I-Aind The respDnd*M ip fu#v umply,with rifie edeflaUan doownwit conlamad horrih;The Respondent by submitting And signing bal",xl nmOedqau that helahe has received uvJ wad the witim'dinumont.pxkot above irw1kidifn all dwumorits fricorporated by refecance,and agrees In N bowld by",Wfms therein. 44g;31 collipm)y Mlrbw . ..... Company Address: Giv/,8 1 ate,Z b,--6 A11,4f I-V 75�!T Vendor Regintoftil Q-6 ZY� 15mied Name of Officer of AUO"xed Reptmsvii(otjyo:A4—erok'*'4" Signaktoe or Orfx;er of Aulhodred RujxowMaIJvw Daw Q Phofw*Number: Federal IdenhficabonNunkeQFID)# ITB No.20-0076 Instrumentation Equipment Parts and Services Page 22 of 34 Contractor Services Agreement TWRTI FOR S` CITY OF FORT WORTH'010 OFFER lure Description "41`UIVI Q�y Unit Price Total ............. Instrumentation Field Services Regular Hourly Rate,s_00arn to 5:009m,Monday 1 thru Friday --... EA 100 4,75 07 co Instntmenation Field Services Oyertirue HourIV Rate,5 01pm to 7:59am,.Monday thru Friday,and an0me on Saturday, 2 Sunday and soli&mK EA 20 Instrumenation,Shop Services Regular#iourP:y' irate,3.013arn to 5-.09pm,Monday thru 3 Friday EA 100 llr&gdo In5Trkmlertat11)n Shop Services Dyertiane H4u0y Rate,5:01prn to 7:59am.Monday th W Friday,a nd anVO me+an Sa€u rday,. 4 Sunday and HoWa rs EA 14 legv 00 5 Eavech flow Gvritrols Model 4700 EA 3 EastKh Flow Controls Model 2210 with Model F9SA tansducer with 100-Boot 6 transducer cable EA 3 , r 7 Model 4700 Mother board EA 4 81_ SD1729�0001,Display Module,Graphit LCO EA 4 b 9 00.0081 A10-11,02 gas sensor EA 10 10 01-001.5 All-11,C12 jas PC0 £A 111 11 00-MS A10.15,NH3 Gag semor EA 10 ce 12 00-0016 A10,15,tdl43 Gas PCB EA 14 6 +,+ :13 01-0057,NH3 Transt PQ EA 14 0 , 14 00-M ,NH3 Sensor EA 10 #r .5 1S 1+1 1S 1+111 Jf1,NH3SenVTrrrn EA 10 16 7923.92,Prominent elettrolykesoltrtion EA - 10 � 2051TG,Gauge Premure Transrn ttet,rviodil l 17 It MITG3011A84M5S5 EA 10 ^' 0306,Rosemount 306 inline manifold. IS t4odel0306RT�2SA11 EA 10 Rosemount Pressure Tr,°immittor:Model � � 19 3051ShrV1P41NNN2E11A1ADZE EA S i�.4i 6 Rosemount P're$skore Coplanar Teansrraitter, 20 Mortal 3451GD2A51A1AR4'15M5Cr4T1Q4 £.A ITB No.20-0076 Instrumentation Eauiament Parts and Services Page 23 of 34 Contractor Services Agreement FOR7MRTIL CITY OF FORT WORTH BID OFFER. i Rose mount Pressure Coplanar Transmitter. 21 Model 34Fr1CG4A53A1A8415M5€4T1Q,4 EA 5 b a Rosemount Inline PreSSllre Transmitter,. 22 Model 3051TA2'3e32A15T1ix21051)4Qt4 EA 5 0jo ,44 Rosemount 3144 Temperature Transmitter. 23 Model 3144P01A1E5B4M5C4Q4 Ii A 5 84ie aunt Pressure Transmitter.Model 24 j3051CV2A02A1AM5D4K5KP2T1Q EA 5 MTAP,Telog Mit3dem Technolo f Assurance 25 Plan Ell 2.0 A10 6' Rosemount plug and play display for Model 26 At 644HANAl0F5M5.XA EA. 10 p Ss R-3307,Seven-ChannOTelogger.Model p 27 3307,E EA 28 8-MA,Batter Pack,Lithium,9V 3,6Ah CA. 10 8712EMR,Rosemount Col gnetir Flow Meter 29 Transmitter.M odel 8712 EMR1A1M404 No +` ' 740M,Spate membrane caps(2ea)n And 30 SiTmt electroryte for CTE(2.20 ppm) >A 10 @ i Rosemauni:Pressure Transmitter Model 31 3051TGZA2621AB4Q4D4M5 fA S r 1007540,Proklinent Total Chrlorine Sensor 32 foe 10 PPM EA 5 44 644HANAM5F6Q4,Rosernount temperature 33 transmitter EA 34. Rosemount I nc,charger ww supply. EA 10 NA , 1250.ON1,Gas Genie Gel Generator for 3,5 T+oXitGosts EA 5 �?33 +��1 1250-0011,GDS Genie Chlorine source...5 to 36 50 ppm,10hrs EA 10 ofr >ii 1250.0043,GD5 Genie Gas Generator for 37 Ammonia,to ppm to 150 EA 5 V97 Siemens 7MLS034-4A.AC41,Siemen3 Hydra Ranger 200 HMI Hydro Ranger 200 X'u 3S HMI EA 10 Siemens 7ML5034 4A801,Siemens HydraRaaer 200 Ultrasonic level controller 30 for up to six pumps that,proalrles control EA 5 ITB No.20-0076 Instrumentation Equipment Parts and Services Page 24 of 34 Contractor Services Agreement F( RTWORm, CITY OF FORT WORTH$10 OF 1`1111 F131('085UM6,SlemQm Hart Module for 40 Mag 6000 Tfamm itt4r FA 10 Siemens 7N1E659G,7ME6520-5RjI4-2JAA2 0%b 10 41 SRtans F M NIAG 5100 W EA 5 FDKXSSU1053,Wall Mount KIT for Remote Mounting Tran 6ralt(,ef EA 10 FDK:001STCAB,Standard Cable,PVC Jacket, 4(V00 43 3 C"ClUCtOf Plus Overal I Braided Shield EA too — SR-XZV 02 Sensor,Honeywe 11 SR�X2w 02 *X7 6-70 44 Sensor EA 10 45 SA-W-NtP 75C,LEL 5ensor EA 10 It pyv -21AR 46 51trans F N4 MAG 5 IGO 0) EA 47 NieterTerminal go.x mer.slor) It fof Mag [A 10 GD5 Model Template,C64/Nd-11-0010/0�M A(4 k5a pr�-'rb 0 DS Corp C154 Protectot Controller in N4 Ne NIA U non-metallic 48 enctosure with One 16CK Analog,input Board EA- j 5 GD5 Model Template.GM,111-27-20-6/2?,20- 0/% 49 6/3.0 GDS Corp GA.1z M,AX 11 Gal Monitor EA 5 GDS Mandel Templ6te, EA EA $11 313.0 GD5 Corp GASMAX91 Gas rVIOnOr EA 5 GD5 Model Template,GMII-442-3113-01)-0/3- : 51 0 GDS Corp GASM 4y/,Ay,11 Gas Monitor ZA 5 1p 52 2A31009.5 Caf Gas Bottle EA 10 17.-F ly 75 0 6DR5220-0E N131,04A4,6D R52 Z10-01EN31. OAA4 S#pm PS2 Smart electeopneumatic ACW)60' Q)d P00tiorter for pneumatic linear and part-turn 53 acwatars EA S ..................- Hot Ammonia Pressure Feed System 54 Panel/Ailta Valve&Remote Meter Panel EA 5 /Vo WIROV-0-00,Wall Panel Omni Vatye 55 equipment EA 5 56 SVF serle5 Ra Ball Valve EA FIGL-300-WE-N1,13,diaphrailm pressure 57 gauge EA 10 59 G-AR-LED-1010,Lead Gasket EA 10 kto &d ITB No.20-0076 Instrumentation Equipment Parts and Services Page 26 of 34 Contractor Services Agreement F€RT ] CITY t36 FORT 45'4RTH BID OFFER 59 MVALAAmmonia Header Valve EA 1,0 60 HTH-111.115,Heater&c mp EA 10 KTH-1000-PRV-NH3,PNI kfL for 5erii2s 60r)0 61. regulator -- EA 10 ;. 52 KTH-04,,1, ?V-hH3,PM kit forOV-1000 FA 10 p KtHr2000-RMS-NH3,PM kit far 12"gm flew , €53 meter EA 10 16,q {heck Valve,1,.5"FPT Inlet/Outlet, 1.1,5 PSI 64 cracking prelsura EA 10 a _' KTH-040-{2 -NH3,FMk!t for OV.1000 J2rO00 65 pdICL- EA 10 a KTM2000-R€LfS,PiiM Kit Seri-4 JOCO 2000ppd 66 remote meter panel EA10 No, j J TH-60W-DRIN,PEA kit for d ifferen tia l 6? rassurere-plar EA 10 to 61 WA-150,Vacuum Monitor EA 5 tx FMR20,4+tPR �C�XR02+F13Endress+Hauser 6�3 Radar i.rjwelPR€NQG-15,�1/0 EA S FPrAR,20-AAPBMVCEXRt11+R3 Enc ress:+Hauser 70 Radar Level 17111020 1€31/0 Ede 5 71 fN1R2D-AAP8PAVCEVEE2,Mircropifot FfAR20 EA 5 A At, 72 43TA 1-5PK+3/0 E tH U Itrasanic flow Ear i TMT162- M47j0.(8906E1:23223)temp 73 Transmitter EA 5 ry 0 TMT162-1H4?/G.(930E1973223}Temp 74 Transmitter EA 5 75 PMP71.63N44/101 Press`fransmitter EA 5 fjo 76 PNIP71-63M421101Pr#ssTrAn matter f3A 5 m - ... Prom ag P5005115B1F-43f4t,LD ElectmroB 77 Flowmet EA 5 V6 73 Phi075 5JU06,'101 Diff PressTran5M EA. 5 t7_. __.. KD5GD-1FAa Prtrrnag,gounding 79 disc/pratection dfsz EA 10 va J5.4 DK5GCn1FL Promag LfWjPj5,E,bloundins _ 90 cattle kit EA 10 81 FMU9&R11CA.161AA1A Prosanic 5 Pv U90 EA 5 � 93Cfjk-LHLC2AAC-8AAA,Prosonlc Flow 62 9:3UH Inline,DNO024" Era 1 3 PD755-6130-00;Digital PanclMeter Erb ITB No.20-0076 Instrumentation Equipment Parts and Services Page 26 of 34 Contractor Services Agreement rwrwi ull CITY OF FORT WORTH 81 D OFFER PD 65-6p0-00,Precision G13ttal Pa el ��� 84 015play EA 10 Instrurn ntetloaEtlulprni?ntOnstePickup $5 and Dolivery Rate per Mile €A 100 All o ber parts and rnaintenance a 86 Manufacturer's List Pries Less Id' iscount Total Bid'Arnourst :For f�+✓P� `Alf parts and materials 0a11 be purchased at the dlscount provided above—If no discount is offered,please enter zero on the pertentae fine.Al I parts will be added through an,addendum in an as needed bash throughout th-e life of the agreement,therefore,the bidder sha11 submit;s p6ce list for all the items with their bid submittal. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 27 of 34 Contractor Services Agreement CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO Fat vendor doing business vrith locat goverfilrieintall entity T410 4tU9e4joprAko ftlWtUr Chnimpn mach iio I taw by ki.e,2A afrti Log„llollutdr Soswl*r, OFPCEUSEONLY Thisgxiesilonnalrois ihapW i6,1erei r rtviiantCee DDA,pao*W -- by a veixWw1whasabusinessrelaronshitpetsr rcltry ?4Ii65rli7 st t$i•aiwitfiaRacal governmental entity and the ven"rr=eW txakir Sami3rt 176,006{aP. 0/1,,,ra beffedwiM:the records adminisinxiiar of the lnc+l rrpatsrrl tl entity no lawclhanthe7thbwsIwm4l tyaft ft Mollie vendor becomes aware offacts, thairequirethesiat�fienttoba . SopSodbnl76. ,1'1)iLc lG4vNmn de. A veridor cm-inita:m offenas iP the vendor kmw4VV wlol cos s4olloo 17;r;9gs.wrll Gwarnmont Cod*,,Ar t iaMxiab urdiir khii;tertian is a rtiirr eiaata z F4Iri1-A 04"hrpur Who hu a business relwtAonslilp wlllr 3r W twvix>frirussal omlatt ii k5l btrx ysurrretititnganulaclate 10 apisiArstrslYll tJrltwxifcmn.are. NA (The him that you fie an undated aarnololed questiwuraira wiih the appropriaia feting iolhorry not tat&riah the 7ih isrJtrirs s day mltnr tbR vatic Garr xitrtctr you beg&me aware"ihe ai9 rrislly filed Was iiti:+6(rit4&'—8r InsGi 'ffite,} Arm'pft+r, gaw"inrttrr mail rat outwit liliatttdtiPlrrhlFatiNitl lss+a tt i t rllrz�r9l lased fx Name al 01 ker 'finis sKtlan ulcer d ificAW4 3aibpuns A,8,C.B Dt MUM be cmnaoe4ad for each of er with vehom Me verift,has an aatptaymeol or cdt*r business sutra 1*-Np as dmrmed by Sm.-brA 17t 001 it- 1.dal 15ow4mmrffnt Code,Mach&ddfi el Vw9es ra INs Fogm CIO'U niscas€my, A, li f1w kwaf 64vemrivrit arfirert rtxnrd in lhia w—tion TK.ewq 4+v tik ,+to r eei,*Imisbta imDome,afher ban ktwzlmarrt ania!m.fTPTP the werx xr7 Jv 1._]Yea F":]No r tw rim s arxlpa r r re ar Itkiaiyti7 r aic a tap write instanr,pricer tirasr tnvasirr+osrl mrpnn,from nr nt Ole direction M 0* I gMrrrsnWTt Airier nainod in tWA tectiari AND Me taxable 6'. ous is alai r"iv d-from l aP',M7m oTW of t .A I I Vas 0"Na C Is ft hiar iol ttia queakiranaire m yed by a tor(airakcxr iw uihm businews or-Mg with rn et'lo whi�h ttfa 4wel + wemirient eftqr aen*%bvs art i:BkDnr or dkaeinr,or I oiii;an crvrwr*hip irfAre4z at one Partaenl N rri;iro? c Y- o N. D.Darmnte awh mploymortt w btW nees W itarii0i,tetattc,-ft with tie ttc-a exrmmad a icar rwrned in this&a;hw, IvA 41 r E' u r�lariaar rsl ur±rxrta e�ir�taastr�ss'mtirh guawrnnrammi aturrp R at9eptt+d fieT ti 15 ITB No.20-0076 Instrumentation Equipment Parts and Services Page 28 of 34 Contractor Services Agreement r#7"1r i klMI'%ISI`-C C'COINTRAcrOR'S CONTACT kNFORMATION Coisinnctar r Nana "�+% �+ — --- 4'a l�4nww i L6e�i1 1ct It as:_ .. ., a ` ,e' /.+3� . 7 C%� <15 Tnyail.: �Jy1d �yy Niiv m or persun ovs1gitcd spcei richtly for Ih .a"-rCottwin: Naln Cl 111 - Fu �- __ -.... ..._..:._- Name of Iszumm for rewwal ipR,,nnatl un alYulLur billing€i(est ons. t�tic: Fix! Emil- . lamnE: ; MOO f�l it�t ��;area le. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 29 of 34 Contractor Services Agreement CONSIDERATION OF LOCATION OF R DDEWS PRINCIPAL PLACE OF BUSINESS Chapter3,ArtltLe 1,Sectlmn 2A4 of ibe.Furt Worth Cade irf Ordianncea anethow-imsthe City Cunncit,whin considering e,*nipetitls,e Arden No, hi, etttcr late n cuntrmct for Ceriailn pr►rehmes whit a bidden whose pristelpal plate a btlA rit"k k the eurporafe€indts of the City of Fort Worth wid awhow h14 is witit€a►3 or (ratcemt tot the lowest laid,dcpeuding on the r=miue of tht request mind jo atls er strvieo requested,If tho Irenrst laid is from it hmslmesa outilde the a malteiOpality acid comtructing with the 14mil bidder would;provide the best co► bluation of prtre m.rsd arttrrr"vmo►ek;bem-its to the mnnklpattty. Itequr.mi h,1ho +er s l.r cti a logil business mast be iubittatled on atria bests)with bid paikahn>r)hr:conskicrcri by ilts C°i ly of Fait Wc:rlh, QueWuns should be addrebsed t+s dw Mlvilailtigkl Cl lixlvtl in the bid ar wu; nt paukflpe, The FortWstrrfi City t'ojui6l willirvi the rollowirtb¢r5filornaatim for eunsideration of luc'ation sar a hidder's primatpal pltiss:cJHMi ines4< Add additioikil;sl=ts if wedctl to this i R"tamm. 1. f o alio ei F_Iigihilely; rtiwipal€'];Ise of fissile-s in 1;Qr1 Worth,TZXNN, R Da your haste a rori:'t`oTthoffice? €f yvg,idenaif4 addre s: lyz bK What percentage ofestin—lied wraps company»ales 6v*TIdk0d0 ax sale efigintidit>!in Furl Wolill? "Or'ighlatittg in F"l wolth"shall tnrau payuVle at the Fort w'ratth ors D.[laird es,LMa1$09'nj a. FeDrininicDe elrspltteatt rvsallint fromcnnlract. a. Kiimher ofC?art 4 cmh residrent emptoyces7 h. ilptivin 3 or City of Furl Wonh,wi ralc ra;rn ia.xes teeid:anal business p4irg,nTjlfl twoI arty)paid by collwaiq tfor phiDr tic year•--Foil Worth utl'ir o air farmer€ranntiDn,if Fort Worth offlaw is ettsvly-astnbliAhc&? Cdtitlxratiort of irilaranaii}m: 'M undersigned sherd herelky affirm that the i:nfiarmntion soppiieil Is true luid corrcrt as of dit,data'iteroot, umiler isenally of perjury. &jL (Cia MV4ny Nil Mt) (Date) I;�iPulliam) ( rinted Name and Thle) ITB No.20-0076 Instrumentation Equipment Parts and Services Page 30 of 34 Contractor Services Agreement R FE:RIE.NCr SHEET T9 evaipkw naid rOnni tliia lbrtn snth your bid, The bidder shntt furnlisln refeseoc for-3t hest thivo(3)t uVat�;usunrjor-;la whom products haw k ui 1wovided tiyur we s rnifar icy lhow t"- ukd by this ITB,'rhe City will be ihtr sole,Ae ofrefamium t'laa_te use ;it�]ilstri�nl�heel�, Namo orcoritnut Title of Contact -92SY'A U^-.4&Aid-A 56(oe�E4- V,i Sofa, City.Sta n Zip Cnda Telekrt„oefs uieihea f - „*�Fd✓�r F x Ntlet Wi{ 1 Email �- 6 d y 2- Coml;:tfty''slv:fme Nil11u.ofContuel 1 �, lt'itly-if Gortknt3 + Resent Addre City,Stntc,Zip K odf Telephuna Nuithot f,76� )A �,7 Fax Nuaikr l Fluor it )V T AY , m arl ��_ �°�sml�uy`s h#aarie Mow,(it ConficiTWO t7ftantucl Jewjr Ao"o -- t"o-;estt,'teid D,rr Y City,Stoic,Zip€:robe am91i 7, _. ']ulrphnne Nu nbeT +y �/t}j Faik N;—,ll, #. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 31 of 34 Contractor Services Agreement ATTACHMENTF Bidder's QuatMeg4ion!2qt 1. Date YoLIT CQJjj[)fitjY WAS established? ...... 2. What nee provided by yOUT M-11[lOny pul4inin3 to this,llid? 3. I'low uiny years!arts your orpai7ation been in llll:illvsa tJmjer its pfWou julluc? t!111dTallip0s) ........ 4, li-ecuscs which aw omvn(]y,avlivew.xi in pod standing with the siate of Tzxas.(Plena pinvkle any killetchrricnis clung with ymr bid response.) a., Name ofLicvisa— ......... b. L!"itse e, Lizm-ic ---------------- d, Liccmsc numbu L, Dale 1wled f. Expiration Dam ,g Nat w of L li- License Classifwation i Licmnsc Cn&�i)=_ j License number k Date!.sued 1 2 xpi mdan Date 5, Fluz4 provido a list of most comfockilly ukd equipmcnUrnawfiak for iNgesteT(ias'rcstitig setvicus: a. C. 6. ........................................... ITB No.20-0076 Instrumentation Equipment Parts and Services Page 32 of 34 Contractor Services Agreement ATTACHMENT D INSURANCE AND ATTACHMENT D-1 BONDING (if necessary) (Behind this page are the City's standard insurance requirements and,if necessary,payment and performance bond forms) ITB No.20-0076 Instrumentation Equipment Parts and Services Page 33 of 34 Contractor Services Agreement ATTACHMENT E VERIFICATION OF SIGNATURE AUTHORITY FORM Cuuiractur,' Address: City,-state,zipl, Execution 0172this S1.9noitury Vertrication Form ("Fomtl heTeby certifles dKil the following individual's onWaT positions have thc;Luthority to legally bind Copmr-h-tor and to ciuckne anyigrcernmt,4uneridnient 017 cluango orde-1 On b--.twlf of Cbffltractor. Stash binding authority has been gnated by proper order, Fc.solution,urdillunce or 011K-F milhurinflon4of Conitrwtor.City es fully entitled to rely on the warranly and repre-w-otati nit W forth in this Form in entering into any agreement or ameament with contniclor. Contracuir will SUbtriii an vipMed left f 10)businuss days if there are any cha"as to 1,1*— signatory authoHty,City is entitled to rely on any current executed Fomi until it recciveso revised Form that has,Nmn properly executed by Con.uamr. Nan ; Pusition, 9.rf ?.a—A L Name. Position: signature Narne.. posifiax Sijilown:uYtigidcol l CEO ITB No.20-0076 Instrumentation Equipment Parts and Services Page 34 of 34 Contractor Services Agreement City of Fort Worth, Texas Mayor and Council Communication DATE: 05/05/20 M&C FILE NUMBER: M&C 20-0271 LOG NAME: 13P20-0076 INSTRUMENTATION PARTS AND EQUIP WATER SC SUBJECT Authorize Non-Exclusive Agreements with Prime Controls, LP, Frank Clark&Associates, Inc.,Vector Controls, LLC, Macaulay Controls Company, DPC Industries, Inc.,Murray Energy, Inc.,Walker Industrial LLC d/b/a Walker Controls,Total Process Solutions, Inc.,and G.K.Techstar,LLC for a Combined Annual Amount Up to$1,000,000.00 for Instrumentation Equipment, Parts and Services for the Water Department and Authorize Four Annual Renewal Options and Increased Amounts of$1,100,00.00 for the Third Renewal and$1,210,000.00 for the Fourth Renewal(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize non-exclusive Agreements with Prime Controls,LP, Frank Clark&Associates, Inc.,Vector Controls,LLC, Macaulay Controls Company, DPC Industries, Inc.,Murray Energy, Inc.,Walker Industrial LLC d/b/a Walker Controls,Total Process Solutions, Inc.,and G.K.Techstar,LLC for a combined annual amount up to$1,000,000.00 for Instrumentation Equipment, Parts and Services for the Water Department and authorize four annual renewal options and increased amounts of$1,100,00.00 for the third renewal and$1,210,000.00 for the fourth renewal. DISCUSSION: The Water Department approached the Purchasing Division to procure new and replacement water and wastewater utility instrumentation equipment and appurtenances, parts,on-site or shop repair services,calibration,engineering and startup services,and field troubleshooting for various locations throughout the City. The Invitation to Bid(ITB)consisted of detailed specifications describing the instrumentation equipment and repair services required to meet American Water Works Association(AWWA), National Electrical Manufacturer's Association(NEMA),American Society for Testing and Materials (ASTM),and Underwriters Laboratories(UL)standards. The Water Department certifies that the bids received by Prime Controls, LP, Frank Clark &Associates, Inc.,Vector Controls,LLC, Macaulay Controls Company, DPC Industries, Inc., Murray Energy, Inc.,Walker Industrial LLC d/b/a Walker Controls,Total Process Solutions, Inc.,and G.K.Techstar,LLC meet the specifications required for the items and services that are being awarded.An increase in the annual amount for years three and four will ensure that spending authority is available throughout the agreement term. Instrumentation equipment,parts,and repair services will be ordered as needed based on price and availability to ensure the City's needs are met. This bid was advertised in the Fort Worth Star-Telegram on February 05,2020, February 12,2015, February 19,2020 and February 26, 2020.The City received nine bids.A pre-bid conference was held on February 12,2020. 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. A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. 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 agreements. Prior to any expenditure being incurred,the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: Reginald Zeno 8517 Additional Information Contact: Cynthia Garcia 8525 Sarah Czechowicz 2059