HomeMy WebLinkAboutContract 54259 CSC No. 54259
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 Prime Controls, LP ("Contractor"), an
entity authorized to perform work in Texas, acting by and through its duly authorized Service Manager.
This Agreement shall be effective as of the Effective Date established herein.
AGREEMENT DOCUMENTS:
The additional documents comprising this Contractor Services Agreement shall include the
following:
1. Attachment A—Terms and Conditions,Parts I and II;
2. Attachment B -The City's Invitation to Bid("ITB")
3. Attachment C—Contractor's Response to ITB
4. Attachment D—Insurance and Bonds;
5. Attachment E-Verification of Signature Authority Form.
Attachments A-E, are incorporated herein and made a part of this Agreement for all purposes. In
the event of any conflict between the terms and conditions of Attachments A - C and the terms and
conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall
control.
1. SCOPE OF SERVICES
Contractor hereby agrees to provide Instrumentation Equipment, Parts and Services for the City
of Fort Worth Water Department as per Attachments B and C which more specifically describe the
services to be provided hereunder.
2. TERM
This Agreement is effective as of the date subscribed below by the City's designated Assistant
City Manager ("Effective Date") and shall expire on the immediately following September 30t" ("Initial
Term"). Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same
terms and conditions for up to four (4) one-year renewal periods (October I to September 30) and for a
fifth renewal period which shall expire on the month and day of the Effective Date creating a five year
total duration. City may elect or Contractor may request a non-renewal by providing the other party with
notice of same at least 60 days before the expiration of the Initial Term or any renewal period.
3. COMPENSATION
City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B.
Total payment made under this Agreement per term shall be the amount up to $111,111.11
("Contract Amount"). Contractor shall not perform any additional services or bill for expenses incurred
for City not specified by this Agreement unless City requests and approves in writing the additional costs
for such services. City shall not be liable for any additional expenses of Contractor not specified by this
Agreement unless City first approves such expenses in writing. OFFICIAL RECORD
4. TERMINATION/CANCELLATION CITY SECRETARY
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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 LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE
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 Czechowiez/Buyer II Prime Controls,LP
200 Texas Street 1725 Lakepointe Dr.
Fort Worth,TX 76102-6314 Lewisville,TX 75057
Email: Sarah.Czechowicz@fortworthtexas.gov Phone: 972-221-4849
Phone: (817) 392-2059 Facsimile: 972-420-4842
Facsimile: (817)392-8654 Email: ci.cobb@prime-controls.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 I, Sections 9-13. All warranty provisions shall survive the expiration of this
Agreement.
City shall give written notice of a breach of any warranty within thirty (30) days from the date
that the cause for same is discovered.
22. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is
$100,000 or more, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this contract, Contractor certifies that Contractor's signature provides written
verification to the City that if Chapter 2270,Texas Government Code applies, Contractor: (1) does
not boycott Israel; and(2)will not boycott Israel during the term of the contract.
23. LICENSES AND PERMITS
Contractor certifies that on the day work is to commence under this contract, and during the
duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses
and permits necessary for the provision of services under this contract.
Contractor also certifies that if it uses any subcontractor in the performance of this agreement,
that such subcontractor shall have and maintain current valid and appropriate federal and state licenses
and permits necessary for the provision of services under this contract.
24. HEADINGS NOT CONTROLLING
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
25. REVIEW OF COUNSEL
The parties acknowledge that each party and its counsel have had an opportunity to review and
revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement or its
attachments.
26. COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
27. SIGNATURE AUTHORITY
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted by
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Contractor Services Agreement
I '
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:
Dana&WL4off
By: Dana Burghdoff ug 6,202017:03 CDT) By:
Name: Dana Burghdoff Na Ir: olby Cobb
Title: Assistant City Manager Tit Service Manager
Date: Aug 7 2020 Date: Q� 70
APPROVAL RECOMMENDED:
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By: Christopher rder(Aug 5,202008:18 CDT)
Name: Chris Harder
Title: Water Department Director
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Name: Mary J.Kayser P°a Q�nEzAs4a
Title: City Secretary
APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER:
ERV- By signing I acknowledge that I am the person
DBIM(Aug 6,in 14.24 CDC
Y� responsible for the monitoring and
Name: Douglas W Black administration of this contract,including
Title: Sr.Assistant City Attorney ensuring all performance and reporting
CONTRACT AUTHORIZATION: requirements.
M&C: 13P20-0076 Instrumentation Parts and
Equip Water SC 5—5—A Oao
Date: 20-0271
1295# 2020-599566 By: d �16 Af-M-
Na e:Martj6 Phillip
Title: Engineering Manager
OFFICIAL RECORD
ITB No.20-0076INSTRUMENTATION EQUIPMENT,PARTS,AND SERVICES Page 7 CITY SECRETARY
Contractor Services Agreement
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.
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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.
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.
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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 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.
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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 famished 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 PRICE WARRANTY
10.1 The price to be paid by City shall be that contained in Contractor's proposals which
Contractor warrants to be no higher than Contractor's current prices on orders by others for
products and services of the kind and specification covered by this agreement for similar
quantities under like conditions and methods of purchase. In the event Contractor breaches this
warranty, the prices of the items shall be reduced to the prices contained in Contractor's
proposals, or in the alternative upon Contractor's option, Contractor shall have the right to
cancel this contract without any liability to Contractor for breach or for Contractor's actual
expense. Such remedies are in addition to and not in lieu of any other remedies which
Contractor may have in law or equity.
10.2 Contractor warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or selling agency
that is maintained by Contractor for the purpose of securing business. For breach or violation of
this warranty, City shall have the right, in addition to any other right or rights arising pursuant to
said purchase(s), to cancel this contract without liability and to deduct from the contract price
such commission percentage,brokerage or contingent fee, or otherwise to recover the full amount
thereof.
11.0 PRODUCT WARRANTY
Contractor shall not limit or exclude any express or implied warranties and any attempt to do so
shall render this contract voidable at the option of Contractor. Contractor warrants that the goods
furnished will conform to City's specifications, drawings and descriptions listed in the proposal
invitation, and the sample(s) furnished by Contractor, if any. In the event of a conflict
between City's specifications,drawings,and descriptions,City's specifications shall govern.
12.0 SAFETYWARRANTY
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
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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 INTELLECTUAL PROPERTY
13.1 If applicable to the services being provided, the CONTRACTOR warrants that all
Deliverables, or any part thereof, furnished hereunder, including but not limited to:
programs, documentation, software, analyses, applications, methods, ways, and processes
(in this Section each individually referred to as a "Deliverable" and collectively as the
"Deliverables,")do not infringe upon or violate any patent,copyrights, trademarks, service
marks,trade secrets, or any intellectual property rights or other third party proprietary
rights,in the performance of services under this Agreement.
13.2 If applicable to the services being provided, CONTRACTOR shall be liable and
responsible for any and all claims made against the City for infringement of any patent,
copyright, trademark, service mark, trade secret, or other intellectual property rights by
the use of or supplying of any Deliverable(s) in the course of performance or completion of,
or in any way connected with providing the services, or the City's continued use of the
Deliverable(s)hereunder.
13.3 If applicable to the services being provided, CONTRACTOR agrees to indemnify,
defend, settle, or pay, at its own cost and expense, including the payment of attorney's.
fees, any claim or action against the City for infringement of any patent, copyright,
trademark, service mark, trade secret, or other intellectual property right arising from
City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it
being understood that this agreement to indemnify, defend, settle or pay shall not apply if
the City modifies or misuses the Deliverable(s). So long as CONTRACTOR bears the cost
and expense of payment for claims or actions against the City pursuant to this section 8,
CONTRACTOR shall have the right to conduct the defense of any such claim or
action and all negotiations for its settlement or compromise and to settle or compromise
any such claim; however, City shall have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City
agrees to cooperate with CONTRACTOR in doing so. In the event City, for whatever
reason, assumes the responsibility for payment of costs and expenses for any claim or
action brought against the City for infringement arising under this Agreement, the City
shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such
claim; however, CONTRACTOR shall fully participate and cooperate with the City in
defense of such claim or action. City agrees to give CONTRACTOR timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing,the City's assumption of payment of costs or expenses shall
not eliminate CONTRACTOR's duty to indemnify the City under this Agreement. If the
Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or
restrained or,if as a result of a settlement or compromise, such use is materially adversely
restricted, CONTRACTOR shall, at its own expense and as City's sole remedy, either: (a)
procure for City the right to continue to use the Deliverable(s); or (b) modify the
Deliverable(s) to make them/it non-infringing, provided that such modification does not
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 12 of 42
Contractor Services Agreement
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 13 of 42
Contractor Services Agreement
PART-II
GENERAL TERMS AND CONDITIONS
1.0 DEFINITION OF CITY
The City of Fort Worth, its officers, agents, servants, authorized employees, contractors and
subcontractors who act on behalf of various City departments,bodies or agencies.
2.0 DEFINITION OF CONTRALTOR
The consultant, service provider(s), supplier, or other provider of goods and/or services, its
officers, agents, servants, employees, contractors and subcontractors who act on behalf of the
entity which is engaged in a contract with the City.
3.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth may be requested by a member of the
public under the Texas Public Information Act. If the City receives a request for a Contractor's
proprietary information, the Contractor listed in the request will be notified and given an
opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding
reasons the Contractor believes that its information may not lawfully be released. If Contractor
does not make arguments or the AG rejects the arguments Contractor makes, Contractor's
information will be released without penalty to the City.
4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of City shall have a financial interest, direct or indirect, in any contract
with City or be financially interested, directly or indirectly, in the sale to City of any land,
materials, supplies or services, except on behalf of City as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee
found guilty thereof shall thereby forfeit his office or position. Any violation of this section
with the knowledge, expressed or implied, of the person or corporation contracting with the City
Council shall render the contract invalid by the City Manager or the City Council.
(Chapter XXVII, Section 16,City of Fort Worth Charter)
5.0 ORDERS
5.1 No employees of the City or its officers, agents, servants, contractors or
subcontractors who act on behalf of various City departments, bodies or agencies are
authorized to place orders for goods and/or services without providing approved contract
numbers, purchase order numbers, or release numbers issued by the City. The only exceptions
are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section
252.022(a)(1), (2), or (3). In the case of emergencies, the City's Purchasing Division will
place such orders.
5.2 Acceptance of an order and delivery on the part of the Contractor without an approved
contract number, purchase order number, or release number issued by the City may result in
rejection of delivery,return of goods at the Contractor's cost and/or non-payment.
6.0 CONTRACTOR TO PACKAGE 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
ITB No.20.0076 Instrumentation Equipment Parts and Services Page 14 of 42
Contractor Services Agreement
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
Contractor is not authorized to ship the goods under reservation,and no tender of a bill of lading
will operate as a tender of goods.
8.0 TITLE AND RISK OF LOSS
If applicable to the scope of work, the title and risk of loss of the goods shall not pass to City
until City actually receives and takes possession of the goods at the point or points of delivery
after inspection and acceptance of the goods.
9.0 PLACE OF DELIVERY
If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to"
block of the purchase order, purchase change order,or release order.
10.0 RIGHT OF INSPECTION
If applicable to the scope of work, City shall have the right to inspect the goods upon delivery
before accepting them. Contractor shall be responsible for all charges for the return to
Contractor of any goods rejected as being nonconforming under the specifications.
11.0 SOFTWARE LICENSE TO CONTRACTOR
If this purchase is for the license of software products and/or services, and unless
otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive,
nontransferable, royalty free license to use the software. This software is "proprietary" to
Contractor, and is licensed and provided to the City for its sole use for purposes under this
Agreement and any attached work orders or invoices. The City may not use or share this
software without permission of the Contractor; however City may make copies of the software
expressly for backup purposes.
12.0 OWNERSHIP 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.
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 15 of 42
Contractor Services Agreement
13.0 NETWORK ACCESS
The City owns and operates a computing environment and network(collectively the "Network").
If Contractor requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Contractor is required to utilize the Internet, Intranet, email, City database, or
other network application, Contractor shall separately execute the City's Network Access
Agreement prior to providing such services. A copy of the City's standard Network Access
Agreement can be provided upon request.
14.0 LAWS REGULATIONS,AND ORDINANCES
The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations;
State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws,
ordinances, and regulations for safety of people, environment, and property. This includes,but is
not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions
such as the Environmental Protection Agency (EPA), Occupational Safety and Health
Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the
event any law, regulation or ordinance becomes effective after the start of this Agreement, the
Contractor is required to comply with new policy. Any mandates requiring the City to comply
with new guidelines will also require the Contractor to comply.
15.0 IMMIGRATION NATIONALITY ACT
Contractor shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form
(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 REQUIREMENTS
Services, products, materials, and supplies provided by the Contractor must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In addition,
Contractor agrees to obtain and pay, at its own expense, for all licenses, permits, certificates,
and inspections necessary to provide the products or to perform the services hereunder.
Contractor shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of
this provision by Contractor.
17.0 RIGHT TO AUDIT
Contractor agrees that the City, or City's authorized representative, shall, until the expiration
of three (3) years after final payment under this contract, and at no additional cost to City,
have access to and the right to examine and copy any directly pertinent books, computer disks,
digital files, documents, papers and records of the Contractor involving transactions relating to
this contract. Contractor agrees that the City shall have access, during normal working hours,
to all necessary Contractor facilities, and shall be provided adequate and appropriate
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 16 of 42
Contractor Services Agreement
workspace, in order to conduct audits in compliance with the provisions of this section. City
shall pay Contractor for reasonable costs of any copying in accordance with the standards set
forth in the Texas Administrative Code. The City shall give Contractor reasonable advance
written notice of intended audits, but no less than ten (10)business days.
18.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA),
Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate
on the basis of disability in the provision of services to general public, nor in the availability,
terms and/or conditions of employment for applicants for employment with, or employees of
Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's
provisions and any other applicable federal, state and local laws concerning disability and will
defend, indemnify and hold City harmless against any claims or allegations asserted by third
parties or subcontractors against City arising out of Contractor's and/or its subcontractor's
alleged failure to 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 parties may submit the matter to non-binding
mediation upon written consent of authorized representatives of both parties in accordance with
the Industry Arbitration Rules of the American Arbitration Association or other applicable rules
governing mediation then in effect. If the parties cannot resolve the dispute through mediation,
then either party shall have the right to exercise any and all remedies available under law
regarding the dispute.
19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure
any deficiency.
19.3 In the event the Contractor continues with unsatisfactory performance, the department
will promptly notify the appropriate Department Head who may take appropriate action to cure
the performance problem(s).
19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of
Contractor's receipt of notice of same.
19.5 The Contractor will be paid only those sums due and owing under the agreement for
services satisfactorily rendered, subject to offset for damages and other amounts which are, or
which may become,due and owing to the City.
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 17 of 42
Contractor Services Agreement
ATTACHMENT B
CALL FOR BIDS/PROPOSALS PARTS I-II
(Inserted behind this page)
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 18 of 42
Contractor Services Agreement
ATTACHMENT C
CONTRACTOR'S RESPONSE TO CALL FOR
BIDS/PROPOSALS
(Inserted behind this page)
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 19 of 42
Contractor Services Agreement
i
FoRTWORTH.
ADDENDUM TO INVITATION TO DID NO,20.0076
INSTRUMENTATION EQUIPMENT PARTS AND SERVICES
FOR THE WATER DEPARTMENT
CITY OF FORT WORTH
PURCHASING DIVISION
ADDENDUM NO. I DATE ISSUED: 117.BRUARY 18,1020
INVITATION TO HID(ITB):20-0076
BID OPENING DATE: FEBRUARY 27,2020(UNCHANGED)
ITB No,20-0076.issued Febntary 5,2020,is hereby amended as Rilluws:
1. t:Zuestians and A nSwel a received at 11►e Itte:pl nptisul conference and email are hereby
incorporated,in fill text,page 2.
2. The tentattivc schcdulc bus been ohangcd to fend-
lTB Iteteuse Dale Fehniany<,2021)
Pro-Bid Conference Pubmary 12"at IO:t OANI(Section 3)
DJMdline For Questloa8 Febnary 14,2020 at SAO PM(Local Timm)
Aramms Posted February 13,2020
Response to I'm Due February 27,2MQ by 1,30 PhI(I,a vl Tinge)
Responses opened and read aloixi February 27 at 2:00 PM(Local Tirne)
Anticipated:M&C Coumit Bata April 2020
All other tams and conditions remain the saine.
Bidders arc required to mcktumledle this adderWwu by signalure and submit with original proposals.
All other team and conditions remain unchanged.
Sarah Czechowiez
BUYER
f..P..Y............... ..•■• • /•PY■/PPPPP/YYYYYYi/...■................./..•
By the signature,affixed be aw,Addendum Flo. 1 is hereby inc orpuratcd into and made part of
(lie above referenced Requeu for Proposal.
C'UMPANYNAME: Le- Gorr lvly-
SIGNATURE;
NOTE:Company name and signature tmust be the swine as un the originR@ bid documents.Failure
to rnttti•li this fbrttt with your scuhxl hid may conAitift grounds for rejection of your offel',
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 20 of 42
Contractor Services Agreement
1. Que.%flans and Answers recohred;ire hcrehy Incor"n,ted,
Qi, Do vandors need to bid or%every ,inglt fine?
Al. I'l-wing is nrat requin'd on W?Unes,Ae C'tty eertYlFtrYle es vendyr).i�tir,submit tr;.l
pr•ic"K,and an),r?ilf]ri-Pionilf 101caluftlef ur-ow prk"in g liwxb '
Q2, Can vm Iwo vide an allernae bid7
A2. Yes,aluu-now.hiefs cxnc treeeged.
Q:3_ May vendors submit Bids for additiowl item:;and_rervice.q?
Al Ylx,bind will be 4evuluived ltusud on thr lime:r[=m on Ow did.L:>lftY.41za%�r.
.^iiddi ion,,l.vervioes and imwog moo!bo oltlQched to d&bid fli7L'ulneFi1.
ITB No.20.0076 Instrumentation Equipment Parts and Services Page 21 of 42
Contractor Services Agreement
i
FORT W)RTH.
CITY OF FORT WORTH BID OFFER
EvaMID Pape blvdadr BIDDERS
CFMDI-z0-aoar,--------- _.-. .--------------_.__--1
Evert Bound woreian
Evant Nana
ITB-Ina r_yna[ltar-lrn ETull:aanc Pa _gif 49?K
>31ertTima Finish Time subrlllt ra: l lty 61 Fprl wdth
4ifk�/_d4a.v_L9s-uu,_u9CET v2/zalzuaezar3o:,p-lCar TAU CHASING DIVISION
LOWER LEVEL C11fY HALL
2DO TEXAS ST.
Felt Worth TX 76102
Unitad Slates
FinaBl; FMSPorchasingResponses@forhvonhiexas.gov
Event Description
The City of Port Worth seeks bhis ifom ryuatilied biddrrr3 to a6iablislt en annual agreemont for Inshvmentatlon
Equipment Parts and Services for the Water Department as specife41 in Iho allaChad InWalion io Bid(ITB).
Terms&Conditions
A pre-bid conference,will be hold al 10:00 AM,Wadi*Aoy,February 12,2020 at Ins,Scads Conforence Room
located at the Scada Control Center,1Btl 11thAvenue Fora Worth,Texas 76102,FAILURE TO ATTEND THE PRE-BID
CONFERENCE MAY IMPACT APOTENTIAL VENDOR 8 ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE-
ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED.
Bide are solicited for furnismg the suppees,servIcos and equipment as act rorvF in This scuollation,
Compfated Blde Including one executed original and one US8 flashAdv r cenlatnin0 eleelrunio versions of all
tITH
nn>;ppd documanls must be received in the Purchash Divisbn by i:30 P.M.,February27,202D,and then publicly
and road aloud at 2:00 P M,In the Counci Chambers.Bids mLmt be
RECEIVED BY THE rEl"61113 NUMBER WRITTEN
U CHAS PURCHASING OFFICE AND r ME S AMPPEED P�OR Taddressed
TNIF 1:30 DEADLINE II to the Purchasi MV Rted in a sealed envelopeWWDER TOUR BID MUST HE
BE CONSIDERED_
Bids shell be mallsd or hand delivered to the follawing address:
City of Fart Warlh,PurchianinD Division,
Lawler Level,City hall,200 Texas Street Fort Worth,Texsar 7ti102
Bids delivered by spocnl courier(i,o,Federal Express,Special Delivery etc.)are to W marked on[he
autskk:eft the uouriru s khippppI x ormnifipo END No,;20.0076,ITB-trislrumeM allon E ulpment Nils and
Services,AND t,1UST BE REC IVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADt_INE IN ORDER
TO BE COkSIDERED.
Late bids will be roturriod or d(Wroyed;they 011 not be opartod nor considered in Iho evaluation of the bid.
Olds may be Withdrawn at any time prior to the official epenif4®ids:may not be altered,amended or withdrawn
attar th.official opening.The undersigned agrees,if the bki Is accopled,le famish aiy and all items upon
which pric"are offered at the price(s)and mien the tarma,conditions and scopelapecdlcatlons orlriloned in
Ihls document.Trio period Fur accspkmco of Oils;bid will bo 90 ca'midar days after the bid opening dale.
Cooperalive Purchasing:
Sholild Miller fat WUManial entities decide to participate in this contract,would you,the Vendor,aggfee trial
all Maims,ca,l iati6ma,Jifbtifi48l"w}i'id.&id pra.i,bl Shall apply(Lou Sud.bXf 13,Pull 1)9 Yee X Nu_
CONTENTS
ITB BID OFFER SHEET--Cwor Pogo of Final Bid Document V1 and attached as saparate document
Part I Scope of SarvtcesrSpecille Bid anforanalion
Part 11 Instrumions 1a Bidders
Part III S�pscific Terms and Conditions
Part IV T=,al Torffts and Condilium
Party AlladunenInA-d
Part Vr Draft Agreement FOmf
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 22 of 42
Contractor Services Agreement
hORTWORTH:
"I-"` CITY OF FORT WORTH BID OFFER
---Page Invited" BIDDERS
fivenl ROU1141 Vereloo
�vgnt Noma
_.._.
81sri7irpo - FhmrebTime Submit To: Clly of Fart Worth
1 a21¢6j2040 a9 ao u-D car g- {2T/2n_2_u-i3•aa:oq±sr PUFiCHA SING DIVISION
LOWER LEVEL CITY I-IALI_
2M TEXAS ST.
Part Worth TY?,6102
United Slates
Emall: FAtifSPprr)Irr9inyRtrS{ nSrJs§tfr3rluw.arlltlb+�lx.urty
The undersigned,by hlsltter signature,repressors that heiahe is submitting a binding offer and Is authorized
to bind 1he respandam to fully comply with the solicitation docia•naM oontafned herein.The Respondent,by
submitting and sKlninp bolow,ackrlrwvlodges that hWslte kris rowived and road the w4fre doemoot padtrt'I
seellom defined above inrhAing all dacan eats itioorparaled by reference,and agrees to Ixt bound by Ilmn terms
therein.
LoWil Company Noma:1"IrIma t pnlmis,I-Y.
Company Address:1725 Lakepointe Ornna
City,Slaio,zip Levdsvitle,TX 75057
i
Vendor Registration No. _
Prinlad Name of OffrcerorAuthoriend ReprasonlaWa, Lain Goy ,
-1 Itie;Account Manager Z2j
Signature of Oifiosr orAutharized ReproaonlaWo;_ / ^+
bate:022712020
Email Address I.cloyaPflnno-conlrals-norn
Phone Number 972-221-4849
Federal tdenti0ce0on Number(FIO)k 75.2394015
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 23 of 42
Contractor Services Agreement
I
FO CITY OF FORT WORTH BID OFFER
Line Description •U01M 'Qty Unit Price Totall
Instrumentation Field Services Regular
Hourly Rate,B;OOam to S:OOpm,Monday $100,00 $101000.00
1 thru Friday CA 100
Instrumenatlon Field Services Overtime
Hourly Rate,5:01pm to 7:59am,Monday $150.00 $3.000.00
thru Friday,and anytime on Saturday,
2 Sunday and Holidays EA 20
tnstrumenation Shop Services Regular Hourly
Rate,8,0Oam to 5:00pm,Monday thru $76,00 $7,600.00
3 Friday EA 10D
instrumenation Shop Services Overtime
Hourly Rate,5:01pm to 7:59am.Monday $105.00 $1,O50.00
1hru Friday,and anytime on Saturday,
4 Sunday and Flolidays EA 10
5 Eastech Flow Controls Model 4700 EA 3 $17,398,0 $62,164,00
Eas.tech Flaw Controls Model 2210with
Model FBSAtansducer with 100-foot $3,350.00 $10,008.O0
6 transducer cable EA 3
7 Model470O Motherboard EA 4 $3,500.00 $14,000.00
8 501729.0001,Display lay Module,Graphic LCD CA 4 $663.00 $2,652.00
9 0O.O081 A1O-11,02 gas sensor CA 10 $266.00 $2,560.00
10 01-0015 A11-11,C12 gas PCB EA 10 $201-00 $2.810-00
11 00-0O05 A1O-15,NH3 Gas sensor EA 10 $281.00 $2,010.00
12 00-0016 A1O-15,NH3 Gas PCB EA 10 $344.00 $3,440.00
13 01-OOR7,NH3 Transt PCB EA 10 $494.00 $4,940.00
14 00-0&O8,NH3 Sensor CA 10 $331.00 $3,310.00
15� 612-15.6.O O-1,N143 Sens/Tran V CA- - _ 10 $1 000._QO $10,000,00
16 792892,Prominent electrolyte solution EA 10 $83.00 $830.00
2O51TG,Gauge Pressure Transm itter,Model
$1.147.O0 $11,470.00
17 ii2O51TG3AB1M4MSSS EA 10
0306,Rosemount 306 inline manifold. $169.00 $1,600.00
18 Model03O6AT22BAll CA 10
Rosemount Pressure Transmitter.Modal $3,433,00 $17,166,00
19 3O515MV1P41NNN2E11A1AD2E CA 5
Rosemount Pressure Coplanar Transmitter. $11801,00 $9.505.00
20 Model 3O51CD2A53A1A0415M5D4T1Q4 EA 5
ICI
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 24 of 42
Contractor Services Agreement
I UR7 WU111, CITY OF FORT WORTH BID OFFER
i
Rosemount Pressure Coplanar Transmitter. 51,794,00 $8,a70.00
21 Model 3051CG4A53A1AB415M5D4T1Q4 EA 5
Rosemount Wine Pressure Transmitter. 82,2$9,00 $11,345.00
22 Model 3051TA2A2032A15T1P2M5D4Q4 EA 5
Rosemount 3144TemperatureTransmitter. S1,124.00 $5,620,00
23 Model 3144PD1A1E5B4M5C4Q4 EA 5
Rosemount Pressure Transmitter.Model
51,826.00 $0,130.0D
24 3051Cl)2A02A1AM504K5KP2T1Q EA 5
MTAP,Telog Modem Technology Assurance
I
51,Ofi3,00 $21,260.00
25 Plan EA 20
Rosemount plug and piny display for Model 5566.00 $9,064,00
26 U 644HANA16F6MSYA EA 10
R-3307,Seven-Channel Telogger.Model
51,469.00 $7,345.00
27 3307A EA 5
28 8-P3A,Batter Pack,Lithium,9V 3,60 EA 10 $96,00 $960,00
i
i
8712EMR,Rosemount Magnetic Flour Meter 51,841,00 $9,205AU
29 Transmitter.Model 8712EMR1A1M4Q4 EA 5
740048,Spare membrane caps(2ea).And 9434.00 $4,340.00
30 50mL electrol a forCTE(2-20 p ) EA 10
Rosemount Pressure Transmitter.Model
91 3051TG2A2021A84Q4D4M5 EA 5 $1,469.00 $7,345.00
1007540,ProMinent Total Chrlorine Sensor
$1,705.00 $8,526.0
32 for 10 PPM EA 5 0
644HANAMSF6Q4,Rosemount temperature
$002.00 $4,510.0D
33 transmitter EA S
34 Rosemount Inc.charger powersupply EA t0 $044.00 56,440.00
1250-0041,GDS Genie Gas Generator for
35 Toxic Gases EA 5 £1,086,00 1a0,£t26.U0
125D-0011,GDS Genie Chlorine Source-.5 to
$543.00 55,4311.00
36 50 ppm,10hrs EA 10
1250-0043,00S Genie Gas Generator for
$2.818.00 S 14,090.0D
37 Ammonia,10 ppm to 150 EA 5
Siemens 7MLS034.4A A01,Siemens
HydroRanger 200I-IMI Hydro hanger 200 $1,773,00 $17,730,00
38 HM I EA 10
Siemens 7MLS034-4ABD1,Siemens
Hydn*angw 200 Ultrasonic level controller $2.0i3B.U0 $10,430.UD
39 for up to 51K Pumps that pravides control FA 5
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 25 of 42
Contractor Services Agreement
I
I
I
FLJR7�IL- CITY OF FART WORTH Bl[)OFFER
FDK.085U0226,Siemens Mart Module for S2,60,00 $2,6G0,00
40 Mag 6000 Transmitter EA 10
Siemens 7ME6580,7ME6590.5RJ14.2JAR2 $6,003.00 $30,015,00
41 51trans F M MAG 5100 W EA 5
FMOS5U1053,Wall Mount Kit for Remote S2e3 00 $2,830 00
42 Mounting Transmitter CA 10
FDK;001STCAB,Standard Cable,PVC Jacket, 55100 9500.00
43 3 Conductor Plus Overall Braided Shield EA 100
SR-X2V 02 Sensor,Honeywell SR-X2v 02
44 Sensor EA 10 $294-00 S2,940.O0
45 SR-W-MP75C,LEL Sensor FA 10 5219.00 52,190,00
Siemens 7 MEMO,7ME6580-GPJ14-2JAR
46 Sltrans F M MAG 510D W EA 5 87,745.00 S3lJ,725.U0'
FDK;085U0220,Subinwlon Kit for Mag $171-00 ¢1,710.00
47 Motor Terminal Box EA 10
GDS Model Template,C64/N441-00-0/0-00-
0/00/0-0-0-1/0-0-3 GDS Corp C64 Protector $14,811,0 $74,055.00
Controller In N4 NEMA 4x non-metallic
48 enclosure with One 16CIr Analog Input Board EA 5
GDS Model Template,GMll-27-20.6/27-20- $3,623-00 $18,116.00
49 6/3-0 GDS Corp GASMAX 11 Gas Monitor EA 5
GDS Model Template,GMII.27-12-3/27-12- $3,465.00 $17,325.00
SO 3/3-0 GDS Corp GASMAXII Gas Monitor EA 5
GDS Model Template,GMII.4-12,310-DO.0/3. $2,149.00 $10,745.00
51 0 GDS CorpGASMAX 11 Gas Monitor EA 5
52 2A310095 Cal Gag Bottle EA 10 $23t.0D $2,310.00
6DR5220-OE N31-OAA4,15DR5220-OEN31-
0AA4 51part P$2 Smart electropneumatic $2,228.00 $11.140.00
Iposltloner for pneumatic linear and part-turn
53 actuators EA 5
1-lot Ammonia Pressure Feed System $18,257,0 891,285,00
54 Panel/Auto Valve&Remote Meter Panel FA 5
WPOV-10DO,Wall Panel Omni Valve
55 equipment EA 5 $113,750,0 593,700.00
56 SVF Series R8 Bal l Valve EA 1.0 S704.00 $7,040.00
PGL-300�We-NH3,diaphragm pressure
57 gauge EA t0 $741.00 $7,410A0
58 GAH-LED-1010,Lead Gasket EA 10 $64.00 IS640.00
ITB No.20-0076 Instrumentation Eauiament Parts and Services Page 26 of 42
Contractor Services Agreement
i
FART V_ VtINTff11�-, CRY OF FORT WORTH BID OFFER
59 MV•1A Ammonia Header Valve EA 10 $264.00 $2,640.00
60 HTH-111.115,Heater&damp EA 10 $156,00 $1,560:00
KTH-100U•PRV•NH3,PM kit for Series 6000
51 regulator EA 10 $289.00 $2,890.00
62 KTH-040-OWNH3,PM kit for OV-10D0 EA 10 $196.00 $1,960,00
KtH-2000-RMS-NH3,PM kit for 12"gas flow
63 meter EA 10 $156,00 $1,580.OU
Check Valve,1.5"FPT Inlet/Outlet,1.1.5 PSI
64 cracking ressure EA 10 $6 AO $6,660.00
KTH-040.OV-NH3,I'M kit for OV-1000(2000 $196.00 $1,960.0D
65 ppd)CL2 EA 10
KTH2O00-RMS,PM Kit Series 300D 2000ppd
66 remixe meter panel EA 10 $156,00 51,560.00
KrH-b00D-DPW,PM kit for dirrerentiat
67 pressure regular EA 10 5221.00 $2,220.00
6$ VM-150,Vacuum Monitor EA 5 $1,209-00 $6,045.00
FMR20-AAPBNVCEXR02+R3 Endres$+Hauser $1.284,00 $6,420,00
69 Radar LevelFRM20-15XIIO EA 5
FMR20-AAP0NVCEXR01+R3 Endrrss+Hauser $1,253-00 $6,265.00
70 Radar Level FRM20-1613/0 EA 5
71 FMR20-AAPBMVCEVEE2,MlrcrapIlot FMR20 EA 5 $IIJ67.00 $5,785.00
72 93TA1-5PK8/0 E+H Ultrasonic flow EA 1 $14,278.0 $14.218.00
TMT162-1 H47/0.(8906E 123223)Temp
73 Transmitter EA 5 $1.465,00 $7,325.00
TMT162-M47/0 J8800923223)Temp
74 Transmitter EA 5 $1,465,00 $7,325.00
75 PMP71.53N44/101 Press Trani mitter EA 5 $1,674.00 $8,370.00
76 PMP71.63N51/101 Press Trammitter EA 5 $1,674,00 $8,370.00
Promag 13500 5P5B1F-43F4/0 F,lectmag
$27.205.00
77 Flowmet EA 5 R5•A41,l10
7$ PM075.6JU06/101 Diff Press TransM EA 5 $1.899.00 $9,495.00
I(MiD4FAEL Promag,gounding
79 disc/protection disc EA LU $242.04 $2,420.04
DKSGC-lFL Promag ljW/P/S,E,grounding
$613.00 $530,00
90 cable kit EA 10
81 FMU90-111CA161AA1AProson1csFMU90 eA 5 511,741.00 S8,735.00
9306HAHMAX13AAA,Prosonic Flow
$2 9306H IMine,ON60024" Eh 1 $13,819.0 $13,t319.DD
83 PD765.6R0,00,Digital Panel Meter Eh 10 52513.00 $2,590,00
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 27 of42
Contractor Services Agreement
FORT AbRTN..
pTY 4F FORT WORTH Olt)OFFER
PD769-6110-00,Precision Oigltal Panel $2%9 00 $2,590.0D
84 Displa EA 10
Instrumental bon Equipment Onsite Pickup $1.50 $15U0
85 and Delivery(late per Mile EA 100
All other parts and maintenance at
86 Manufacturer's List Price Less Discount
I
Total Bid Amount: $g19,Ofi1S.00
i
*All parts mid Itiater66 Yhall be lNdMo2wd st the lib.uujit jiuviaud abuvc.If
no discount Is offered,please enter zero on the percentae line.Ali parts will t>e
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,
I
I
ITB No.20-0076 Instrumentation Eouioment Parts and Services Page 28 of 42
Contractor Services Agreement
i
CONFLICT OF INTEREST [QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
Title questionnaire railecis cisangee rneda to the few by H.S.'XZl,04th Log,,Regular Saaston, OFFICEUSEONLY
Thin que.trsnnalre Is barn fled in accordance Ailh Chapter 1"Ili,Local Goommenl Cott,by a V-Prdar•site Csst,no7d
11115 a Ixrnhross folydtairstip au dtdtned by&Dollon 176001(1-a)hilh a Iecal povemmantel enhdy and the
candor meats requlrerneris und5r Section I'/6,045(al.
ey kyN thin r{rralImna*o must kv filed with Ilia mmirv6 adnrlulclralor of Ilia lueal guvarrrrrran"I rv1111y nut talar
Bran Ilia 7Ih Witnma day a11er the dale the vendcu treoomee aware d facts that requke the statement to be
filed. -Soo Snrdan 170.0rA(,jdl Lunrd G ivnrrTnura Cndrt.
A viiii fur coirrnits at uffauae 11 Ilse 1,widoi Inwwirgly vialaloe SWion 176-006,Local GovorlvnrAl.tiocfe.An
oftsA- ifulor lhls sWion is a mire amwrx.
1J [lame of vendor who hire a business relationship with local 00vfrrnM010011 entity,
Prime Gontrofs,L.P.
2 Check ibis box It you are filling an update to a previously filed quesililonnalre.tThe saw requires that you I'lle an updated
completed questionnaire with ilia appropriate fling authority net later than fire 71h business day after Ihe,date,on which
you became,aware that the origrrWy rand quosfiorin we was meomploto of inaccurate)
Maine of local gave niment officer about whom the Informatlon Is being disclosed.
N�rrla
Narna of Jllio r
s Describe each employment or affier business relationship with the local government officer,or a famlly member of the
officer,as described by Section i7&003(a)(2)(A).Also describe any family relationship with the local govornmont officer.
Cornplolo subparts A and B forawoh employment or bosinmss rmiallonship desoribed.Allrlch fiddillonal pAgos to this:Form
CIO as necessary.
A. is tiro local gwarnmionl oflieer of a lamify nlombor of Iho offirior receiving or likuly to waive taxable hVankto,
other than investment incurne,from the vendor?
El Yes E-1 No
B. Is the vendor receiving or lilwly to receive laxablo income,other than irwosiment incoma,tarn or at the direction
M lho IoW gov(wirooril ollicor or a family rnonigor of Rho olf 4or AND ftn)lax"Iblo ilvorlwt Is mat rc.c.bived from the
Inral govarrxnental enl4y?
El Yes EJ No
S BeincrIbeeorch employmient or business relatlonahip that the vendor named In Section I inaintalins wlith a corporation or
ofhor business entlty with respect to which the local government orficer servos as an officer or director,or holds an
ownership Interest of one percent or more.
6
❑ Check IN&Wx It the vendor has given the Iwal government of tic ef or a farnity,member of the officer one ar more gig is
as described in Section 176.pt13(a)(2)(B),excluding gifts described in Section 176,009(a-l),
7.
u2W2020
5knn ill uf6f ilfdirg buirlim x with 11w gavinrrnunial cnlity f]nla
Farm provided by Teras E W irs f onrnlaelan rrew.@Ihicn.alato,I c,u f Reniued 1 WD2016
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 29 of 42
Contractor Services Agreement
ATTACHMENT-C
CONTRACTOR'S CONTACT INFORMATION
-onlrals,L.P.,qu,nmi Prim,C
Cowractor's Local Addrcqfl.. 1726 LaMpointa Drive,Lewisville,TX 75057
Phone:R72-221-�849 pax,972-.420-48.42
__—
Email:
forlhis Agrealnent:
N,Illlletl,itle Lain Cloy,Account rMe-r%alger-----'-
Phow Fax:.972-420-4842
EnIjkli:l.doy@p(Ime-controIr,.Cum
Nonvu of porNum Rw rotqw,11 i1wrornzwkni urwVor billing q%iqsflwN;
Lain Cloy
phona-_972-221-4049 Fax:972-420-4842
EtTtai0.d0YGPrlM0--ntrDl3,C0M
Fax:
Lain Clay 92127I2020__
I'daled Name Qato
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 30 of 42
Contractor Services Agreement
i
I
rR't"I'At°lil�iflii.aN")`—I)
CONSIBERA"PION OF LOCKRON OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
Chapter 2,Article I,Section 2-14 of the Fort World Code of Ordinances authorizes the fats(C(rµncil,whcn
considering ettmpetltive seo6ed hide,to enter into a enruract for certain pureltaus with a bidder witme
prinelpnl place of business Is In the corporate limits of the City of Fort Worth and whnne bid is within 3 or i
percent of fhe lowest laid,depending,on lire vatae or lire respied and goods or servic+:s regaesled,if the loweal
M is from a business outside the muddpality and contracting with the local bidder would provide the best
cemhination of price and other economic benefits to lite municipnllty.
Requests to be considered a local business must be submitted on this form with bid packages to be conddered by the
City of Fort Worth. Qw;A1 lnR 3houlti IV IMIde tell Isr the IISICYI in 1114 bid❑r TuquC9t pockoge,
The Foit Worth City Council requires the following infonttation for consideration or location of a bidder's ptiucipal
place of business. Add additional sheets If needed to provide this Information.
1. Loc-Ationnl Eligibility; Principal Placa of Ilusincss in Tort Worll1,Tcxam
a. Do you haae a Fort Worth office? If yes,Identify address!
ld4
i
b, Ahal p®rrcnlatSt.,orustirlrrlted gross cai WQany suics(worldwide)are sales originating in[lurk Wanh?
"Originating in Fart Worth"shall mean payable at the Fort Worth office.[mrr;t exceed 30%]
2. Economic Developmcnl upporlunilics rmalting Born contruet,
a NumbcrorFort Worth residmi-employees?
b. Amount ol'i:ity of Fan Worth ad vuiorrm taxes(real rind business personal properly)paid by company
(ror prior tux year--Fort Worth office or FbTrncr locititm:if Fors Worth off-tee is ne Wy-established)?_
Ccrlilicntion oi'information;
The nadeym*i red doer.hereby a(rirm thot the infurrry Ume r.mplllfed is true anal cormct its of the italic fic"o
under penally of perjury.
Prime Controls,L.P. Felr.27,2020
1 pan rme) (Ualo�
Sig intone) (Palatal yla c and 7'itk)
ITB No.20-0076 instrumentation Equipment Parts and Services Page 31 of 42
Contractor Services Agreement
A7"TACI MENT-E
ItE ERENCF Stir E':T
€Tlease cavililcte and mtitn this Form with p'eur hid,
Thu.bidder shall Rirnislt relercmc%ibl,at lcl-st thl"m 0)meant custaincas t7 who n products anther scaviccs have
been provided that arc similar 10 those mired 6v Ox.rl R.'l`Ise C:'iry will N the solojildge or rcLtenas.Please use
additional ALOti_
l. COrnpany's Nand. Trinity River Authority of Texas
Nan%ofConlar:t Sltl idlcCalry rM
Title ofc:cvdrrcr PlEint Manego.r
irrc-arA Address 11202.Trinity Boulevard
City,Stale,Lip Colic Euless,TX 76040
,rcleplrvtnc Numitrr (817 )267_4223 �m Fax Vkimbor —
f..ntuil e=ainsaIf In"IVra.clrt, _
2. Compeny'sNimw City nfSouthlake _.---
Narrw dCrrntrrei Kyle Flanegen
Title-ofCrmlaoi SCADA Supervisor
Present Address 1915 E.Continental
City,tityte,Zip Cade gputhl k+a,TX 7£aw2 _
Teleyaione Nijinber (1117 )748-8081 ram N u 11beV 1
Etna I kPranagaal�ci.stiuRhlake,kx,Us
3. C,mnpaay's Name NarM Toxes Municipal Water OistrlctT_---
Nwtw nL l:onhwl AlhW Hernandez
TWO urContact SCADA Sup+orvlsorV�
Prmml AddriL� 505 E.Brown Sl eel
Cily,Stair.,Lap Cotic
Tet2phone.Nlirnbcr {$72 )442-5405 r;axNnvtbcrti 1� --�—
Farmit ehaman @ntmtvd.c:6m1
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 32 of 42
Contractor Services Agreement
ATTACHMENT F
Bidder's Qualification OnkstitrRitzlir.
I. DaW yoarr cor'p,cany was eslabli,hed?March 1,2004
2, What kivices are pruvidlad by your conipay p,-mikining to iltis hid`P._..:..,.
Irt!kirumatt Procur€rnaunl,InsLallabdr,,Galibrahon,TroubleshaoWg,Maintenance - ---
3: How tniny yNafrs has your d,rgnnizaLiun burn in busi,wss uncksr its present nwne'
A. t.isi any'ftSl,nei IYi$11'IR'S y'r3ar f)I�i11li7Wlil,rl ilclti UI;NaI4tNtl IRi,{i.C7,t1,d Lhe_--------
jillIerFNYte(s).1&0 Stales,Inc_-ii33P.March 2004 _`.--.------
a, Memo providy tiny applieOlc conz aclor(s)hunscs which Are eurre ally aclive aril in gorxi
staiidi,4.wilh IN,slide.ul'Tuxal.iI'Icnse..providr any attachments along with you hid respansc.j
a. Narne ot"l,it en Tt x gs P:,,�,rrd of€eufessi,-al Enrginmrs Cortiftrale gRergiyuMian
b. t.',ccnsc<'lassifsnuionC. License ___--
d. License nun,bcra��g7
e. Date tswed 200t3 ------ --- -
f. F'.xy�irAtiot,I.�tate�3;31�F0�[5-
Narne.t,[i:ieen?.N.Elactriaal Cd3nlractor
h. Llcensc C..las5ilicaiic�n
i_ l.icc:r�se t•✓exit�3)...._.
k. Date Issucd
!. iSxpi.rAliun.t]ittcl0131;2172[}-
5. Plt,ise prtati'idc a list d,i',aicast cnmin�mly uscdi cqupinantl,aiateri:els i(sr C1'itkstar Calls-festen�
SGT'4,4:4Si
u, H2S Q t 000 PPM Sensor Inslrumenlation
Volureae Sensor!lnslrumenialic,n
N—nrry%Volume Secasor 1 Irzslrun,cnit,ticwY
d, CO2%Vatume Sanaor i inslrumonlaticr, -
e, as ClYrornatografah Instrunrerimion i—
lt.
6. llav,, YUu ever clefwlI(sxi ot,.;a tnwlwt711 so,why woreyou unabluto rultiil14C Libel igatiol1?
No
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 33 of 42
Contractor Services Agreement
PRIME
®CthYTYd�4
ADDITIONAL INFORMATION REQUIRED BY THE RFQ
A. Background
Prime Controls is one of the largest system Integrators in the nation.We were established in 1997 to
provide customers with a.sole source solution for Industrial Automation services and products.Our
experience Includes Water and Wastewater,Canals,Dams,Hydroelectric Power,Oil and Gas,
Semiconductor,Food and Beverage,Pharmaceutical,Cosmetic,Aggregate,Building Products,Electric
Utilities,and Energy Management applications,Recognized nationally for our expertise In Industrial
Automation,SCADA,and Control applications,we have earned the reputation as the premiere true
turnkey Main Automation Contractor.Prime Controls is a limited partnership formed In Tetras,the
companywas previously known as I&C Sales,Inc_The company structure and name were changed
effective March 1,2004.
As a dedicated System Integrator and I&C Canstruction firm,Prime Controls is pmfrtsclonally staffvri to
supply our customers with all aspects of their Automation and Control needs.We are certified with
major instrument manufacturers and have access to all required resources,including Factory support
serwices.Our experience and relationships with multiple manufacturers allow us the unique ability to
work closely with our customers from project design to post project maintenance.
B. Qualifications.
Please see Attachment F far licensing Information.
Prime Controls maintains a staff of fully trained electrical control technicians. These highly skilled
employees install,troubleshoot and commission control systems.Mechanical control Installation
services are performed by factory trained tubing specialists.All work Is performed via our in-house
OA/QC process and standards to ensure full compliance with local,state and customer requirements,
Calibration and Start-up Services are performed by degreed and factory trained technicians.Prime
Controls maintains a professional growth program which encourages employees to continually enhance
their technical skills via ISA certification,factory training,and continued education.All work is
performed and documented via our In-house CIAJC1C procoss which incorporates Industry accepted ISA
standards[callbratpon,loop check,system commissioning,etc.).Customer specific requirements are
Incorporated as needed.
Prime Controls olointains a fully staffed service department specifically structured to provide preventive
and corrective maintenance.wrvicns.This%efvicn inchulns schodulod maintananrr prngrams as well as
24/7 emergency services.A toil-free number is maintained I1-86"9SCADA)for after hours and
weekend response.Maintenance and Service Agreements are customized to meet specific requirements
Including budgetary constraints,All work is performed by on-staff technicians and englneefs.
C. instrument Brands
Prime Controls is authorized to sell and service all of the Instrument brands listed tit the RFQ which
Include:
ATI Precision Diglial
Easltach Prominerii
Endress Hauser Rosemount
GDS Siemens
Global Treat Telog
Honeywell
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 34 of 42
Contractor Services Agreement
i
PRIME
CONTAOU
Q. Project Team(Resumes
Richard"lain"Clay,PMP
Account Manager
Professional Project Manager with 15 Years of Exper ience in Various Inclustrges
Directly Related to the Electrical and Industrial Automation Applications.
industries Relevant Skills
Semiconductor Manufacturing Project Supervision and
Water/Wastewater Management
Federal Government- Project Documentation-
Hospitals,Bases Timberline,Constructvrare,
Food and Beverage Viewpoint
Building Construction Systern Design and
Industrial Process Plants Implementation
s Primavera Project Scheduling
P6
Total Years of Experience Mkrosoft Project
17 Previous Employers
Years of Experience wvlth Firm ' MC DEAN-Dallas/Fort 4VOrth ■ Merit Electr+ral
Industry Experience
8 Municipal Projects-North Texas Municipal Water District,City of
Expertise Ulm,City of Fort Worth,TRA,TRWD,City of baton Rouge
Project Management Government-USAGE PCCP Pump Stations,Darnall Hospital,Fort
Educations Hood,TEMF,SAMMC Hospital
65,Indusrrial'Pechnology- Industrial Process Projects-Air Products,Borden Cherniral
Southeastern Louisiana Semiconductor-Infineon Technologies,Richmond VA
University Building Construction-1PS Health Network,Parkland Hospital,St.
AS,ConstrucUots Managernenl Tammany Parish Hospital,Tiger Athletic Foundation,Tarrant County
-Southeastern Louisiana College District
University Food and Beverage-Dean Foods,FritcI-Lay
texas L�epartrnenl of LI�_ensing
and Regulation-State
Journeyman License No.
173SOI
Project Management Institute
f PMO Project Management
Professinnal jPMPj Cwt.
Training
OSHA 3f1 Hr.Certification * Primavera P6 Planner Course
■ 2005 NEC Code Class ■ Accubid Estimating Software
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 35 of 42
Contractor Services Agreement
i
ot�I.rrME
Colby Cobb
Service(Manager
Highly experienced Service Manager with notable experience In the following
industries!
Industries Relevant Skills
Semiconductor Manufacturing Instrumentation/Vabre
Water/Wastewater Specification}Implementation
Pourer Plants Electrical Conflict Resolution
General Manufacturing Constructiori Management
Government Indoor and Outdoor Wireless
Commercial Real Estate Coverage Solutions
Municipality Security and Site Planning
Surveillance 4.9 GHz Public Safety Systerns
RF Patti Study Analysis
I
Previous Employers
Total Years of Experience . Waflace Controls&Electric
is
Years of experience with Firm Industry Experience
15 Multiple Water/Wastewater
Expertise Multiple Utility Processes--Gas and Electric
P(o)act htanagornent TRA Mossier Valley Plant Expansion—Euless,TX
Education TRA Central WWTP—Dallas,TX
Computer Networking—Texas
State Technical College
2.4,4.9 GHz wlrefesss
Educauooal Serlos Classes
Training
• State Electrical Licenses(laurneyman License) ■ Various HMI Manufacturer Training Programs—
• Professional Employee Management i]evelopment Wonderware,Intellutlo,n,etc.
Course • Various Instrument Training Programs—Foxboro,
• rontrartsAwarenes;and ttlsk rxposuretourse Rosemount,badger,Endress Hauser
• Various PI C WnufacWrer Training Programs- ■ 4,9 GHz Public Safety Systems
Modlcon,SCADA Pack,Motorola,etc, ■ Wonderw riee system Platform C?=.reification
ITB No.20-0076 Instrumentation Enuiament Parts and Services Page 36 of 42
Contractor Services Agreement
PRIME
E CI1 MMS
Keith Qemele
j Senior Automation Specialist
j Nine Years of expettence as an automation specialist with spe.6alized focus an
wlvat�Lvd bhilugical process contral,data analytics,and system performance
UfArnitation.
tndusules Relevant Skills
Water/Wastewater Project I'n_amLeadership
Food and Beverage Project TechnlcaI Supervision
General Industry Project Implementation
Project DocualentaWrl
PLC/HMI Programmmi;
Startup&Commissioning
Customer Training
Historical Process Anafytics
Total Years at Experience Previous Employers
q HKS Arch itects
Aerotek Staffing
Years of Experience with Firm
Industry Experience
6 TriniIV River Authority CRV6 Phase 1,11.III-A&I11-11 5alids Improv.Projects
Trinity River Authority CRWS Phase V Aeration Basin Irnprcwements
Expertise Trinity River Authority TMCRW5 Plant Rehabilitation
Process Controls and Anatytits Trinity RI•rer Authority CRWS Phase 11&Phase IV Plant Rehab Projects
Trinity River Authority CRWS Phase 1,It,&.IIIA Filter Improvement Projects
Education Trinity River Authority DCRWS€xp rnsion to 11.5 N1155f)Project
AS,Enginewing—Dallas GE Transpcvtatlon Manufacturing Fuel CA Deliveiy&Reclamation
County Community Colletie City of Mere cite RarneS RridRe P-S-
GA,EMAC—The University of Doan Fwds 1AIVV BAAT Addition
Texas at Dallas City of Greenville Wastewater Reclamation Center Improvements
City of Mansfield BEWTP Phase IV Expansion to 45 MGD
Training
OF Proficy(Historian 051 IA 10 Construction
GE Pruficy iFIX HMI,SCADAAdvanced GF Proficy iF-IX HMI,SDADA Advanced
Schnelder Unity Programming level li CPR,AED,and First Aid
,Applied Prnr,.es5 Cantrnl
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 37 of 42
Contractor Services Agreement
I
I
I
PRIME
®COMihDLB
i
I
Clayton Seale
I&C Supervisor
over 10 Years of experience In the following Industries;
Industries Relevant Skills
Utility Power Distribution Installation/Callbiation j
Water and Wastewater Maintenance!Repair of
Oil and Gas Process Control Systems and
Food and(leverage Instrumentation
Utility Cogeneration Process Control Trouble
Shooting
Fiber Optic,System
implementation
Total Years of Experience Electrical and Mechanical
11 Proficiency
Years of Experience with firm Precious Employers
10 ■ Blackwell Electric ■ Cheyenne Electric
■ State of Texas
Expertise
Process Con trol Systems Industry Experience
Bachman Water Treatment Plant—CIC,tof Dallas
Education Southside Wastewater Treatment Plant Energy Recovery—Dalla s
Hamilton HIWh School Water Utilities
Blogas Cogeneration,Amereseo
Ten Mile Wastewater Treatment Plant Uewatering Facility—TRA
Red Oak Wastewater Treatment Plant—TRA
Oil and Gas Compression Station Emergency Shut Down System
Energy Transfer
Training
■ OSHA 10 Hr.Certif ration ■ American Red Cross Training
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 38 of 42
Contractor Services Agreement
i
PRIME
i�c'ON78(J s
Kevin Kossmann
Automation Technician
Experienced Controls Axitomation System Expert with more than i❑years of
experleoce Installing Industrial Control Systems and Instruments
Industries Relevant Skills
Water/Wastewater Instrumentation
Oil and Gas Comm issioning/CalibraLions
Food and Beverage PLC/Control panel
General Manufacturing Troubleshooting
PLC and HMI Programming
jL Project design,Development
and implementation
Total Years of Experience Project Startup
Fiber Optic Analysis,
10 installation and Certification
Onsite Management
Years of Experience with Firm
y Previous Employers
JR Oawvns Aucho,Video& • lone Star Park
Commdnicatlon
Expertise
Project Commissioning Industry Experience
htstrunievitatlon Calltratlons Multiple Water/Wastewater,Oil and Gas,Project
Comrnissiori/Project Support---TX,Ulf,LA,NU,SI?,IL,NY.
Fifer installation,Termination
arudCl'tUfi T¢5ting, Multiple Fiber Optic Termination$upp�rt—WaCer/1Nastewater,Ulf
and Gas—TX,LA,OK,AZ,
Power Plant Support—TX
Education PLCanr/HMI Programming and implementatton.
Grand P ralrle H5 Graduate
Training
■ Ameflcan tier)Cros5 and Medic First Aid • MOSCAd PLC l-rainin&
Authorized Instructor ■ iFix HMi Trainirri;
■ USiIA 10 tlr,&30 tl r,Authorized instructor • Corning Fiber Optic Training
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 39 of 42
Contractor Services Agreement
I�
PRIME
®GtdlV�t)LS
E. Warranty
Prime Controls agrees to provide warranty on products and services for a minimum of two years from
date of!nstallation.We also agree to the warranty terms shown in the RFQ.All warranties from the
manufacturer wild be provided in the name of City of Fort Worth,Texas,
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 40 of 42
Contractor Services Agreement
ATTACHMENT D
INSURANCE
AND
ATTACHMENT D-1 BONDING
(if necessary)
(Behind this page are the City's standard insurance requirements and,if necessary,payment and
performance.bond forms)
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 41 of 42
Contractor Services Agreement
ATTACHMENT E
VERIFICATION OF SIGNATURE AUTHORITY
FORM
Contractor: Prime Controls,L.P.
Addiross;1725 Lakepointe Drive
City,state,zip: Levrisville,TX 75057
I
Execution of this Stguattrre Verification Irorm("Form")hereby certifies that the following individuals
awyor positions have the authority to legally hind Contractor and to execute any agreement,arnendaient
or change order on belutlf of Contractor. Such binding authority has bt:en 6mtnted by praper order,
resolution,of4irtr9rwo or other audwrindon of Contractor.City is fully cnliltcd to tnly on the warranty And
representation set forth in this Doren in entering into any agreement or amendment tYtth Contractor.
Contractor will sutxnit an updated Form within ten(10) busing days if them are any change:;to the
signatary,authority.City is entitled to rely on any current executed Form until it receives a revised Form
that has been properly executed by Contractor.
t. Norm:Richard Lain Cloy
Positiol? count Manager
Siaurtatttn;
2. Name:Colby J Cobb
Position:S_Yvtt(3 r'IA-Al?1
5igna
3, Narne:
Position
Nignatum -
Nrrnt�.
sr kira'of President/CLO
Outer Title: rtro
Uatc:....__ _. - Z -
i
ITB No.20-0076 Instrumentation Equipment Parts and Services Page 42 of 42
Contractor Services Agreement
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORS 11
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.ore/council racket/me review_asn?TD=27R40k..crnmcil(late=5/5/?O')O r1/?5/?()?0
M&C Review Page 2 of 2
Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the
purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the Water&Sewer Fund to support the approval of the above
recommendation and execution of the agreements. Prior to any expenditure being incurred,
the Water Department has the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department I Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Sarah Czechowicz (2059)
ATTACHMENTS
http://apps.cfwnet.ora/council racket/mc review_asn?TD=7.7R4Mr.crnme.il(latP=S/S/')mn tii,)5i?mn