HomeMy WebLinkAboutContract 54098 i
CSC No. 54098
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 Vector Controls, LLC ("Contractor"), j
an entity authorized to perform work in Texas, acting by and through its duly authorized Controller.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:
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I. 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
4. Attachment D—Insurance and Bonds;
S, 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 301 ("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 1 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
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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
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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
LIABILITY- CONTRACTOR SHALL BE LL4BLE 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
RIND 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
ANYAND 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.
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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 II, 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 Vector Controls,LLC
200 Texas Street 2200 10t"St. Suite 300
Fort Worth,TX 76102-6314 Plano,TX 75074
Email: Sarah.Czechowicz@fortworthtexas.gov Phone: 972-422-4388
Phone:(817)392-2059 Facsimile: 972-422-1743
Facsimile:(817)392-8654 Email: finance@vectorcag.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.
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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
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Attachment A, Part 1, 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.
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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 j
resolved against the drafting party shall not be employed in the interpretation of this Agreement or its j
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
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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 Burgh doff(Ju 2,20201: 1CDT) By: 9""-Zzr�4�
Name: Dana Burghdoff Name:Brian Tullos
Title: Assistant City Manager Title: /Controller
Date:
Jul 6, 2020 Date: / S l a CO
APPROVAL RECOMMENDED:
By: Christopher Hard (Jun 25,202014:22 CDT)
Name:Chris Harder is ,
Title: Water Department Director �Y'
ATTEST: ` , r�
L .i
By:
Name: Mary J,Kayser '
Title: City Secretary `+.�
N }I
ib, "a
APPROVED AS TO FORM AND LEGALIT . `MMQ CT COMPLIANCE MANAGER:
�a By signing I acknowledge that I am the person
Mack(Jul 2,202014:28 CDT) i
BY responsible for the monitoring and
Name: Douglas W Black responsible
of this contract,including
Title: Sr, Assistant City Attorney ensuring all performance and reporting
CONTRACT AUTHORIZATION: requirements,
M&C: 13P20-0076 Instrumentation farts and
Equip Water SC 20-0271
Date: 05/05/2020 c
1295#_ 2020-599586 By: Z -, 20
Nine:Mofin Philli s
Title: Engineering Manager
I'IB No.20-00761NSTRUM—B_NTATION EOUIPMENZ PARTS.AND SERVICES Pap_7_of 28
Contractor Services Agroomont
OFFICIAL RECORD
CET'SECRETARY
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/RFQt 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
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.
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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.
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
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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:
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 PRT E 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
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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 J'RODU T W RR NTY
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 SAEETY3YARRANTY
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 AGAINST INFRINGEMENT OF I_NTEL.L.ECTUAL.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,
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
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 11 of 28
Contractor Services Agreement
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 oir 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 28
Contractor Services Agreement
PART-H
GENERAL TERMS AND CONDITIONS
1.0 DEFMION OF MY
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 DEEINITION OF CONTR C OR
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 FRFST 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 art of the Contractor without an approved contract number,
p rY P
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 GOODS
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.
7.0 SHIPMENT UNDER RESERVATION PROHIBITED
D
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.
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Contractor Services Agreement
8.0 111L .AND RUSK OF LUSE
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 pLA CE OF DELLU
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 OWNERSE IP 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 NF,TWO K 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.
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
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Contractor Services Agreement
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 IMI RA_TT_ON 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 (I-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 REOMEMENTS
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.
i
18.0 DISABILITY
i
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 j
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
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 party'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
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Contractor Services Agreement
parties may submit the matter to non-binding mediation upon written consent of authorized representatives of
both parties in accordance with the Industry Arbitration Mules 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 perfonnance, 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.
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Contractor Services Agreement
ATTACHMENT B
CALL FOR BEDS/PROPOSALS PARTS I-H
(Inserted behind this page)
i
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Contractor Services Agreement
FORTV6rORTH�
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 A 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 11 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
194W. CITY .OF
T 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
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OR7�VOR.TI�a 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 Ithru 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 ISunday and Holidays EA 10
5 Eastech Flow Controls Model 4700 EA 3
Eastech Flow Controls Model 2210 with
Model FB5A tansducer with 100-foot
6 transducer cable EA 3
7 IModel 4700 Mother board EA 4
8 501729-0001,Display Module,Graphic LCD EA 4
9 00-0081 A10-11,Cl2 gas sensor EA 10
10 01-0015 A11-11,Cl2 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 1792892,Prominent electrolyte solution EA 10
2051TG,Gauge Pressure Transmitter, Model
17 #2051TG3AB11AB4M5S5 EA 10
0306, Rosemount 306 inline manifold.
18 Model0306RT22BAll EA 10
Rosemount Pressure Transmitter. Model
19 3051SMV1P41NNN2E11A1AD2E EA 5
Rosemount Pressure Coplanar Transmitter.
20 Model 3051CD2A53A1A6415M5D4T1Q4 EA 5
ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES
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FORTWORT CITY OF FORT WORTH BID OFFER
Rosemount Pressure Coplanar Transmitter.
21 Model 3051CG4A53A1AB415M5D4T1Q4 EA 5
Rosemount inline Pressure Transmitter.
22 Model 3051TA2A2632A15T1P2M5D4Q4 EA 5
Rosemount 3144 Temperature Transmitter.
23 Model 3144PD1A1E5B4M5C4Q4 EA 5
Rosemount Pressure Transmitter. Model
24 j3051CD2A02A1AM5D4K5KP2T1Q EA 5
JMTAP,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 3307A EA 5
28 B-P3A,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 50mL electrolyte for CTE(2-20 ppm) EA 10
Rosemount Pressure Transmitter. Model
31 1305ITG2A2B21AB4Q4D4MS EA 5
1007540, ProMinent Total Chrlorine Sensor
32 for 10 PPM EA 5
644HANAM5F6Q4, Rosemount temperature
33 transmitter EA 5
34 1 Rosemount Inc.charger power supply EA 10
1250-0041,GDS Genie Gas Generator for
35 Toxic Gases EA 5
1250-0011,GDS Genie Chlorine Source-.5 to
36 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 for up to six pumps that provides control EA 5
ITB 2D-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES
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FORTWORT CITY OF FORT WORTH BID OFFER
FDK:085UO226,Siemens Hart Module for
40 Mag 6000 Transmitter EA 10
Siemens 7ME6580,7ME6580-5RJ14-2JAR2
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 Sensor EA 10
45 SR-W-MP75C,LEL Sensor EA 10
Siemens 7ME6580, 7ME6580-6PJ14-2JAR
46 ISitrans F M MAG 5100 W EA 5
FDK:085U0220,Submersion Kit for Mag
47 MeterTerminai 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 1 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 2A310095 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 gauge EA 1 10
58 GAH-LED-1010, Lead Gasket EA 10
ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES
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ORTWOktTI « 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,PIVI 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/O EA 5
IFMR20-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 Transmitter EA 5
75 PMP71-63N44/101 Press Transmitter EA 5
76 PMP71-63N51/101 Press Transmitter EA 5
Promag P500 5P5B1F-43F4/0 Electmag
77 Flowmet EA 5
78 PMD75-6JU06/101 Diff Press TransM EA 5
jKD5GD-1FAEL Promag,gounding
79 disc/protection disc EA 10
IDK5GC-lFL Promag L/W/P/S,E,grounding
80 cable kit EA 10
81 FMU90-R11CA161AA1A Prosonic S FMU90 EA 5
93C6H-LHLC2AACBAAA, Prosonic Flow
82 93C6H Inline,DN600 24" EA 1
83 PD765-6R0-00,Digital Panel Meter EA 10
ITB 20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES
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6?RT�ORTHa
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.
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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
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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 I O:OOAM,Wednesday,February 12,2020 at the Scada Conference
Room located at the Scada Control Center, 1511 11`h 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 1, 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:
IT13 Release Date February 12,2020
Pre=Bid Conference February 12"'at 10:OOAM(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
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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(Park: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;
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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:FMSPurchasingResponses(@fortwoi-thtexas.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.
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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.
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2.2 Requests for explanations or clarifications may be emailed or faxed to the City's Purchasing
Division as provided in Part 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.
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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 ITS 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 thereon.
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 j
"Specification"section of the bid package.
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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 10 times the amount of the bond.
The surety must be licensed to do business in the state of Texas.
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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 I.V,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 fornis posted on the City's website at
httl?://www.fortworthgov.orp-/I?urchasin ,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.
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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 contact 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.
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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
athttps://www.ethics.state.tx.us/wliatsnew/elf info form1295.1itni.
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•//fortwortlitexas og v/ciUsecretary/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 ITB 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.
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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
govermnental entity shall order its own material/services as needed
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PART—V
ATTACHMENTS
A-J
(Behind this cover sheet are Attachments A-J)
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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.E Thermal mass flow
1.4.2 Pressure Measurement,Switches and Transmitters
1.4.3 Temperature Measurement,Switches and Transmitters
1 A.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)
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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(AST.M)
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 Warranty—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
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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
aty.
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
I
ATTACHMENT D
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/forms/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 1295.See Part 11,Sec.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)
ITI3 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.
1.1.1 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 detennined 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 Fort 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 420-0061
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 policy must 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)
I
I
I
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 18 of 28
Contractor Services Agreement
CITYOF FORT WORTH BID OFFER
CER
ar,,,�t tlu�nrf ut�lw�
HrlflF�M
Sut9MIt:'i`M SC�tk1 affodl%vtt
21ki TE?S try FOtt'iill'ar+#t TX itlIW-
rdo�elak
'>=n�IN: IFF�I�t�tn� ail+�rIt� A1� �t�
�we�t!I:Q �� �I►�ni
Tt*t;i!0I F. l h� *ii. . .�f9sf k�1r ei11�#IYGN atlt rtnti+mi a . Isar irrsbuFrrmltA
E4ulpffaMP4 Md torItt�t sarp�l.,as>Ypsedln ,I#�a :-u}ri J IYu�ir� 1IIT v
ytv-Itrf# ' f* •till bi l #1400l Md K wi Y tt8i�a►t }1 �'� ai f C.Gnlwanoa I�MM
tnrabad st its B dls Cadrat IS@Hier 161t ii i 4wvanua 791acht T4�•�ip ttA FAI U T14�+TT�kI�TIfF FRFaI�1
S�MIrF IiC9OMY TAPa LW.MX* tlBdITY"Tt7_SUOMtTt FUlCY RF6f41YE+.rrlIDC>,MPETITWEIMRESP'Ct,15E.
iT t I1 F t;Itsr�T 6 1II 15 UT,fs FTPm0N y4NGOLKA ED
L4 &ir t>4i fi�l tlufili fart["t+x ih .E#tht0!!#Illkd:. u.__+�SgGtri es sett larth tt err calydlakan:,
Cdtuu�ppWie+d B dA i't idLelj oili girymtrlt+d aA)tW and arlai U Ili41i ddv farri l ilil Fr$t 11 ir'�AYsrl iYi i7A
Kitt d�tttan3a mu51 hII rst3titr�il Irt ihQ P�ktr+� ; I�SVGst�rk�1;�7 P.14t.,Fabnr��,�^a atra,ilran pu's1W
ci nP rl�IAIr 99 (�6M,hr T}`�UiMh�rttlratd mue bo aernit�J kr zraalad arrcNoPe ti
fi'i rilUk@Hf_f�'aY"RdI?1IEW '1HE C4AT8lt1E rr iEIE Eiilli'EL�PE,addYsd�r�ib tlrn t�twrd.r��Sq_, st'fttRtlR Elp MuSir BE.-
� M F" I I �Te�l� CPrI �rp. Tf can�c�ogltl>:rirINu1�E >=u.
OlVd.Farl.4lsatttt,pu nii Gt I*A
LarxW tad,Citf HA,M IUMM'91rA FDA.Mi M",TOW'?iHi0
04ab dow"d ty Wdlo moww(i*.Roof# sew ftil rye QVc.k•e> �9.'�rurV W cater Iipr and
auwa or ba Murlar's sh emrabrP+� 8[r? sew
-Irridiu + �Li 145'i 'I: tJ I i IfidE IN dXJ I
;i Niel io WIVE--1)DIY Tilip-I fool"lra CVWWMJ�i�l
VA
TO BE OGNSICERM,
Leyy b i1rtIl G +iJt tx d++llra�.d Itrlw te?Id nil ixe> ti fitsnditierad In>ieuAlizstt nFM+e hk&
ERds miry ba wlltdtwvst at air+'imar Phr to fe 61ftiig unY► E*mpryrn''d iRW Nle�r o�t+at�ad Of EMI �
alker tllo al ded+a.adny�T utdaasl�rt�efs a=Q iI Mra hid a[�rspied do fti atr s+ Anse atI Wns qPue'+
Mthi7ti pelea4 a�w�arsi�,:��`prl�x.,4;i Anal i�arr ipr��ublrra,.tilirl�'�1l .+fTi
Ihk d1iwwmd The,Petiiad Poraman�taMa of .s bid wil bu Madaridartdays aft" s find agar k d
"no�aan va Frumhmin -
Siduyda Q&#M yWis(ant8madaddo o oirlQ*=lVWLwallld:W1.4ve. 01M
al wn gw zun el:.sr-t*.,atWM,and Prl It kd as S iaTtn 1 M It? Yes
CONTE"TS
PI"Fi B16 14 I I1fiFir" (mror P
� IP�[ftW®•W Dn:tut PWO Md arm W air a�Wf tw dv�e 16"I
Pori I Saopa�ar:esawi�a+lep�titatemtr+;d�
Partit twtssL�!8tdzrl
P'4#1 III 9Lt11 �+�AIllrfiItA
Pal t5-achmwthh-4
P':4e`15,'I Crst1 A"~F )
ITEI No.20-0076 Instrumentation Eaulument Parts and Services Page 19 of 28
Contractor Services Agreement
CITTOF FORT WO-11TH BID OFFER
EMDER$
M. 3Lhd
11
8 F1� y
8r1;�1}tb r1righ Suhrnil,Rct u. swf' �el t°
I�i?r �72I
Ll3Yi�Ft LE4EL�SA"`d' lAQl
2w TI .S 5T
l.1T .
Nn•0 f�aie$
eeesiti FMspa AsmRMP rifseaut'[9tFMcdlTlawMvw
Tta urdprWV ,b o,Uutwa'nbnaum repnans ft Rhsd W*.a icy wblpig� c+4 A tW'P*iU is
?Ais 6irrai#se tr ill kN 6WO,Vkh!tip 6014MI an dw wad r®r e ha .n-rnn 9ua&*M by
±u+h r s>nine oc�ww�i na llwt�c�he has rerl1w arx Ihn Qy 3+w ► �Ft�i,
Qaclertarad nirUiil�twin IntS(tr1 t Afi # 8i'p L' twp�rid t y'tiwe i ►�
6 �
1 gkwl 4a yl i�MWtj'_'qdr GmWml and&Mmalhn -
0t+M05 Yffidi ILA00109WKgut#
Gib,. taln, _.1 tom'TAB
POW NrdM of�Ftre�r flr.,���thcr�cd�bepro:atfaGvac�!?ian i�ui[.u�__.__
1nAM"elf 01�4(Yt�yw,,o Mww Fth1WW"W.� ��„
�y{{��qy� ww�yaaIT..If1��y�,T-�G'��
prl0�.4 k �Y Wisl'A"iTJI�
Federal ifs itwd.$IY Niio (F01
1
i
i
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 20 of 28
Contractor Services Agreement
TY OF FORT WORK ID OTFER4
flt i�a$ts gil�i4i1F "'UM U11It PfI40 T9 b
Irati wMatloq Fuld
ffaurhi We,I- Mara ie k0dpm6 Mcm arr
I fP Fidw
4 i65rrog Lfi,50II! tl
I
tnstnumenetiart Field 5enitas Ovwtime
Curti It me":Mimi 74.5%1W moottwe
f Fridat ,a rn: tur a±�, 95D.co
I Sundayand i�aifd El, 20
liitelvirn�rl�tiot4 5ftop-5s`�iu�as I�f:�fki�H0U�1�,s
i;atgr 8*00nu to SraGln ad"Om
Pniii#rmam..410015iWp•.Wmr ovadima
knurl,We,. '11pen to 7c5%ra..k4wWai,,
ff✓n'v F(ld#*,dilitt)440*k Etfr%R-10iNV,
lr aii +ll�la i A if) .
1)xh CanArofiMo&l47W Ede �kt)Wd
bal)Kh RaW Qfl<04,NOdiil721►0 With
jW_Al F55AUreoducarwith IONeof G�a�ild
t; t�aWdu
Pahe4014700 Ma91W!>,oval G d '
i177 111� ,.P]fsp P�io a{�1"taap c icb RA. d N¢F7fi1
:,A7 ii1. f i 1i6 FA Iff alud
tA
-ti a 3enxx E;i4 iQ Na,
>st[ ,irlfi�Trn3 ttt EA
p
=i i$,i iH ans�r 9A - 11f N itl
to
16 MUM,Fwltnent Qk 'o u xulution: UL id New
WSM,Gaup prassurn IrommitW,Mudd Now
-
3Q6,pSk1 111Lyur►iF.3ti61i�fliid i fl i Nr;�BW
N4r►dalflaiH' 1 3 111 1A AD
fiIIaienirs rtt r liuoic Tics t$tti her.Model NO low
Rmumasmt Pramuse i_ anar`Waimmitte r. 84
tl di3FiQ ; dif3+i1 l?+< iLilEA 1 5
ITS No.20-0076 Instrumentation Equipment Parts and Services Page 21 of 28
Contractor Services Agreement
CITY of FORT L5Fd3!!tr 1 DID:OFFER
• I
Itcssernount Preisut*Coplandit'l"rahwitter, No Bid
21 Model 3051CG-4A53A't 41.5.U'5D4T1Q4 EA
RosernDunt Inline Pressure Transmitter. No Bid
r23
kri
Mod2I.3051T 42A20$2A�1ST1P^2MSD4Q4 �
Rosemaunt 31AA Temperature Transmitter. No Bid
odel3140D1�t1E5B+�MSM4 5RosemountPressure Transmitter.Model NoDid
3t151t~t12A1AI�I3b+tltKl�21.1rJ. E _ r
- MTAOP'.,Telog modem Technology Assoranee No ald
25 Plan EA 20
Rosemount plug ant)play display for Model No Bici
2 4 6d414A]NAJ6F6lMi5XA P-A 10
R-3307,Seven-Channel Telogger. Model Na Did
27 3307A FA 5
28 B-P3A,Bitter Pact,Littalurn,9V 3.6AIt EA 10
5712i:M%Rftdrmoutftt Magnetic Flour Ma ter No Bld
29 Trinsmitter.Nlaclell8712E1o1R1A1M4Q4 EA 1 5
74004li`,Spare membranes caps(2ea)...r nd F
Ow
30 50ML etectroiyte four CT[ 2-20 p;rttp CJt '10
Rosemount pressure Transmitter:.Model Md.
3051TWA2.82ME14I041V1S EA 5 _
U07.540,Pro MllnentTotal Chriarins Sensor No Bid
32 for 10 PPIVI EAr. 5
G4414ANAMSV6a4,Vosemount teamp;rature No Bad
33 transrnitter EA S
34 Rowm.ount irtc,tltnrgor pm►tuersuppdy EA 10 No Bits
1.25"041,,GD&-Genie Gas Generator for No Bid
35 Toxk6ase5 EA 5
125It47.C1 L GDS Genie Source-.5 to No Biel
36 50-PRT,10hhrs EA• 10
12504X3,GI75 Ganlo Gas Generatorfor No Bid
37 Ain monia,10f Pptn to 150 EA 5
Silemen:5 7MLSG34-4A A01,Siemens
Hydrolkage�r NO KM1 Hydra Ranger 200 M o lilri
38 HMI EA
Siemens 7N1U10344ADDI,Siemens No Bid
ItydroRanpr 200 Ultrasonic lewai WntpWler
39 fr r trig to ax purn, that provides control EA 5
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 22 of 28
Contractor Services Agreement
CITY'OF FORT WORTH BID OFFER
FUM51,10226,Slamsn&Hart Module for
LO_Mal;60DO Tra ns miaer EFA 10 No Bid
Siemens 7ME6S80,7ME6590-5RJT4_-2JAfiY_
41 Sitrans f MA MAG 5100 W EA,
Ito K.aRSIJIG51,Wall Mourd Kit for Remote No Bid
42 Mounlin[Tvapsmitter EA, I ID
FIDOUSTCAR,Standard Cable,PVC Jacket, No Bid
43 3 Qw4du rAor pkl$ove(pil Braided$hleld :EA 100
SWX2V 02 Sanmr,Honeywell SR-XZv D2 No Bid
44 Sensor EA to
45 SK-W-M P7K LEL Senzat CA No Bid
SWmen5 7M:E6580,7ME6580-6PJ14-2JAR No Bid
46 sit(ans FM MAG 5100'W EA 5
F1l 0851.10220 Submersion Kit for Mag Noffid
47 meter Termina I Box EA 10
GDS M0491 TOMMOtt,
iG DS Corp C64 Protector
Controller Iry N4 NEMA4k rpri-metallic No flid
4a enclosure with One 160 Analog Input Board EA 5
GD5 ModelTemplate,GM[I-27-2"/27-20- I No lild
49 6/3.0 GDS Corp GASMAX It G"Monitor EA 5
GIDS Model TemrAate,WI-27-12-31-27-12- No Bid
So 3/3-D GDS Corp GASMAXII i58s Monitor EA
G -4-12-3JO-DO-013- No Bid
51 D5 Model Template,GM lI EA
0 605 Fp SM
11 Gas M221tur NO Bid
52 2 6 Oil 6as Bottle EA 10
6DR5220-GE W1-OAA4 61)111522060EIUI=
OAA4 Sipart PS2 Smart electropneumatir
positioner for pneumatic linae r and part-turn No Bid
53 -actuators EA
I-lat AMMONS Presiure FaedSystern No aid
54 panejtAuto,Valve&Remote Meter Panel EA
wpov-1000,WAR Panel Omni Valve No Bid
55 equipment EA 5
--
56 SVF series U Ball Valve 11A 10 5
Pa300-WIE-NHII,diaphragm prossute No Did
57 jauoe EA 10
58 GAH-LED-IDIO,Lead Gasket EA 10 No
Bid
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 23 of 28
Contractor Services Agreement
Q> T t�i)iiT CITY OF FORT WORTH Bill),ofnit
59 1u4s1-1AA manta WeaderValaa EA 10 a
6D MTM-111-115,Heater&claret EA 10 o
KTIt:iaD -,P KV-N9-13,Pert kit'f0rSQrW 6000 No Bid
fi L regulator EA 10
62 KTK-04D-0V-NH3,PM kit for OV-1000 EA 10 No Bid
KtH4(I0t-RMS-NJ48,PM kit for 12"gas flow No Bid
63 IMeter EA 10
CheckValua,13"PPT Inlet./C?utlet,1.1-S PSI No Bid
64 vrackbig pressure, EA to
K.T€fi-040w0V-NH3,PM kit foY 0V-1t100(2000 No Bad
6S d GL2 EA 10
KTHz000-RMS,PM kit Series Sit}MOM No,Btd
66 remote meter patwl EA 10
JKTH-Bmd0•DPW,PM kit for diflerentkal plc,Bid
67pressure re 2lar EA 1iF
h8. vm-lw� VarAw III Monitor EA 5 No old
FMA204A.I) CEX1102-1-113 Endress•rlfauser- 1r057.OD 5,285.00
69 Radar Level FRM-20-25XV0 1EA 5
FMR20-AAP9IVVCM01+R3 Endrass+lauser 1,032.24 5,161.2.0
70 Radar Level FRM20-1633/0 F-A 5
9!633 4,778.65
71 FMA20-AAPfiMVC VEEZ Mlrcropilot F!ARZ i t:A: 5
72 93TA1-5PKOJO E+H Ultrasonic flaw EA. 1 11,522:4 11,52.2.63
TM71fr2=1I447J0.(890BE123223)Temp I2O2 55 6,0.11.75
73 Tra mmitter EA. S
JTMT162-11-14710�(SSIX1923M)Temp 1,20.2 1`s 6,012,75
74 Tra nsmitter EA 5
75 PMP71-6SN441101 press Transmitter 5 1,31G"�.52 ,5+17,60
7.60
76 PMP71-63N51/101.Press Transmitter- EA 5 1,3Fr9,5R 7N
Promag P500 SP5411F43F4/0 F.ledtmag 4,452,44 22,262,20
77 Fluw met EA 5
78 PMD75.6JU06jkq DIffPressTransM EA 5 1,549.18 7J45.90
KQ$QD-1FAEL Promag,gaunding 223.60 2,236.00
79 d(4protecdon disc EA 10
D.K5GC-1FL Proma$C/W/p/sAgrounding 62.03 620,30
Ro cable kit EA 0
1,�427.55 7,187.75
81 FMtU90—RIICA4161AAIAPtola kSFMU90 Erb S
9X6I1-LHLC2AACBAA,A,ProsonitJi:low 11,395,51 11,395.51
82 9306H ItAlp.e,DVNO2411 EA 1
83 pts765-00-00,D41tnl Panal Meter EA 10 727,40 1274400
ITB No.20-0076 Instrumentation Equlpment Parts and Services Page 24 of 26
Contractor Services Agreement
i<ITY OF FORT'WORTR 810 OFFER
PD7665.6110•013,precision bfBi I panel z�7.ria a 27�l.00
84 01spla EEA 10Equipmenti�nsitePidtup 0.57 57.008s and Wiw lute er Mlle 100
Ali other parts and malntenanee at
86 Manufacturer's ust Prue toss 0 DIscou,nt
Total Did Amount, 1 ,7f8:84
*All parts and materials shall be Pv%Kased at the discount provided ebovc,If
"o diswunt is offered,please enter,1ero an the percentae line,.All parts will be
added through an addendum on an as needed balls throughout the life of 010
agreement,therefore,the bidder shall submit a price Ilst fttr Al the Itentc with
their bid submittal,
ITB No.20 0076 Instrumentation Equipment Parts and Services Page 25 of 28
Contractor Services Agreement
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
FrfVfindor doing bustness vilth locai governtrtsnlal entity
This itasstlannaim Mkcts ahasaVes mcd`a.10 00'taw by H,t3.to,1Mth Lsq,ttogulu$saelarar. OFFMUIEC24LY
Thisqueaftonnakoio being Mad inacmdelncewilh Chapter 178,Local GoventrnentCor[s, mwR.k,,w
by avrandorwho hu.abuslom relotilwd*to dailnad by Bactkt l,'9,00i Ji-aJIVIlttaload
govsrrtrttarrtlaPa�vtliyaatd tttavettdttt rtta�teraqultarm�ttatattddt 5ai�tttt i78.006{�}.
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ITB No.20 0076 Instrumentation Equipment Parts and Services Page 26 of 28
Contractor Services Agreement
ATTACHMENT D
INSURANCE
AND
ATTACHMENT D-1 BODING
(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 27 of 28
Contractor Services Agreement
ATTACHMENT.E
VE RIFICATION OF SIGNATURE AUTHORITY
Execution of this Signature Verification Foray("Form")hereby certifies that the following individuals and/or positions.
have the authority to legally bind Contractor and to.execute any agreement, amendment or change order on behalf of
Contractor. Such. binding authority has. been granted by proper order, resolution, ordinance or other authorization of
Contractor. City is hilly entitled to rely on the warranty and representation set.forth in this Form in entering into any
agreement or amendment with Contractor. Contractor will submit an updated Form within ten(10) business days if there
are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised
Form that has been properly executed by Contractor.
. Name: /:3ia
Position: c„v7 �,z.y/
Signature
z
2. Name:
Position:
Signature
3, Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
ITB No,20-0076 Instrumentation Equipment Parts and Services Page 28 of 28
Contractor Services Agreement
M&C Review Page 1 of 2
Official site of the City of Fort Woith,Texas
F(lltT WORT. 11
CITY C"40UNCIL AGENDA
REFERENCE **M&C 20- 13P20-0076
DATE: 5/5/2020 NO.: 0271 LOG NAME: INSTRUMENTATION PARTS
AND EQUIP WATER SC
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
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
http://apps.cfwnet.org/council_packet/mc review.asp?ID=27840&councildate=5/5/2020 6/25/2020
M&C Review Page 2of2
Division and approved bv the K88&BE Office, in accordance with the BDE Ordinance, because the
purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
previouslyFISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
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.
BON8
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
ccount Proj( udget Refei i6u 9-t
ID fear (Char
Submitted for City Manager's Office by: Dana Burghdoff 0D10
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Sarah Czechowicz(2050