HomeMy WebLinkAboutContract 55250 SC No. 55250
FORT WORTH,
ADDENDUM TO SERVICE AGREEMENT
THIS ADDENDUM TO SERVICE AGREEMENT ("Addendum") is made and entered into by and
between the CITY OF FORT WORTH("City"),a home-rule municipal corporation of the State of Texas,
acting by and through its duly authorized representative,and PRECISION WATER TECHNOLOGIES,
INC.,a Texas Corporation("Contractor"),acting by and through its duly authorized representative.
WHEREAS the City has purchased property commonly known as "100 Energy Way Plaza"
located at 100 Energy Way,Fort Worth, TX 76102(the "Property") from Hertz Fort Worth Energy Way,
LP(the"Seller"); and
WHEREAS,Seller and Contractor are currently parties to an agreement for the provision of water
treatment at the Property on a month-to-month basis(the"Service Agreement")which is attached hereto as
Exhibit A; and
WHEREAS Seller has agreed to assign and City has agreed to assume certain contracts,including
the Service Agreement,relating to the operation of the Property; and
WHEREAS, Contractor consents to the assignment of the Service Agreement to City and
Contractor agrees to the terms and conditions of this Addendum.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Addendum, City and Contractor hereby agree as follows:
The Addendum to Service Agreement documents shall include the following:
1. This Addendum; and
2. Exhibit A—The Service Agreement(collectively,the"Agreement").
Notwithstanding any language to the contrary in the attached Service Agreement, City and
Contractor hereby stipulate by evidence of execution of this Addendum by a representative of each party
duly authorized to bind the parties hereto,that the parties hereby agree that the provisions in this Addendum
shall be applicable to the Service Agreement as follows:
1. Addendum Controlling. If any provisions of the attached Service Agreement conflict
with the terms herein, are prohibited by applicable law, or conflict with any applicable rule,
regulation or ordinance of City,the terms in this Addendum shall control.
2. References. City and Contractor agree that any references to the Owner in the Service
Agreement shall be construed to mean the City of Fort Worth and that all rights, benefits, duties and
obligations of Owner shall inure to the City as if the Service Agreement were originally executed between
City and Contractor,except to the extent modified by this Addendum. City and Contractor also agree that
all rights,benefits,duties,and obligations of Contractor in the Service Agreement shall inure to Contractor
OFFICIAL RECORD
Addendum to Service Agreement CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
as if the Service Agreement were originally executed between City and Contractor, except to the extent
modified by this Addendum. Section 210) of the Service Agreement is hereby deleted and shall have no
force or effect.
3. Term. The Agreement shall become effective upon the signing of the Agreement (the
"Effective Date") and shall expire 30 days after the Effective Date (the "Expiration Date"), unless
terminated earlier in accordance with the provisions of this Agreement. The Agreement shall renew
automatically under the same terms and conditions for successive 30-day periods,each a"Renewal Term,"
unless City or Contractor provides the other party with notice of non-renewal at least 30 days before the
expiration of a Renewal Term or unless terminated as provided herein.
4. Compensation. City shall pay Contractor in accordance with the fee schedule or pricing
included in the Service Agreement and in accordance with the provisions of this Agreement. In no event
shall the total payment made under this Agreement by City to Contractor exceed the amount of Fifty
Thousand Dollars ($50,000.00)per year. 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.
5. Termination.
a. Convenience. Either City or Contractor may terminate the Agreement at any time
and for any reason by providing the other party with 30 days written notice of termination.
b. Breach. If either party commits a material breach of the Agreement, the non-
breaching Party must give written notice to the breaching party that describes the breach in
reasonable detail. The breaching party must cure the breach ten(10) calendar days after receipt of
notice from the non-breaching party,or other time frame as agreed to by the parties.If the breaching
party fails to cure the breach within the stated period of time, the non-breaching party may, in its
sole discretion, and without prejudice to any other right under the Agreement, law, or equity,
immediately terminate this Agreement by giving written notice to the breaching party.
C. Fiscal Funding Out.In the event no funds or insufficient funds are appropriated by
City in any fiscal period for any payments due hereunder, City will notify Contractor of such
occurrence and the Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is terminated
prior to the Expiration Date, City shall pay Contractor for services actually rendered up to the
effective date of termination and Contractor shall continue to provide City with services requested
by City and in accordance with the Agreement up to the effective date of termination. Upon
termination of the Agreement for any reason, Contractor shall provide City with copies of all
completed or partially completed documents prepared under the Agreement.In the event Contractor
has received access to City information or data as a requirement to perform services hereunder,
Contractor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
6. Attorneys'Fees,Penalties,and Liquidated Damages. To the extent the attached Service
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties or
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City Secretary Contract No.
liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from
the Service Agreement and shall have no force or effect.
7. Law and Venue.The Agreement and the rights and obligations of the parties hereto shall
be governed by,and construed in accordance with the laws of the United States and state of Texas,exclusive
of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of
competent jurisdiction in Tarrant County, Texas. To the extent the Service Agreement is required to be
governed by any state law other than Texas or venue in Tarrant County,City objects to such terms and any
such terms are hereby deleted from the Service Agreement and shall have no force or effect.
8. Sovereign Immunity.Nothing herein constitutes a waiver of City's sovereign immunity.
To the extent the Service Agreement requires City to waive its rights or immunities as a government entity;
such provisions are hereby deleted and shall have no force or effect.
9. Liability and Indemnification. To the extent the Service Agreement requires City to
indemnify or hold Contractor or any third party harmless from damages of any kind or character, City
objects to these terms and any such terms are hereby deleted from the Service Agreement and shall have
no force or effect.
1. LIABILITY-CONTRACTOR WILL BE LIABLE AND RESPONSIBLE
FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR
PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS, OFANY
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,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
2. GENERAL 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 ANY AND ALL PERSONS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
3. INTELLECTUAL PROPERTY INDEMNIFICATION —
Contractor agrees to defend, settle, or pay, at its own cost and expense, any claim or
action against City for infringement of any patent, copyright, trade mark, trade
secret, or similar property right arising from City's use of the software and/or
documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay will not apply if City modifies or misuses the
software and/or documentation. So long as Contractor bears the cost and expense of
payment for claims or actions against City pursuant to this section, Contractor will
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City Secretary Contract No.
have the right to conduct the defense of any such claim or action and all negotiations
for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to
cooperate with 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 City for infringement arising under this Agreement, City will have
the sole right to conduct the defense of any such claim or action and all negotiations
for its settlement or compromise and to settle or compromise any such claim;
however, Contractor will fully participate and cooperate with 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, City's assumption of payment of costs or expenses will not eliminate
Contractor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially
adversely restricted, Contractor will, at its own expense and as City's sole remedy,
either: (a) procure for City the right to continue to use the software and/or
documentation; or (b) modify the software and/or documentation to make it non-
infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the
software and/or documentation with equally suitable, compatible, and functionally
equivalent non-infringing software and/or documentation at no additional charge to
City; or(d)if none of the foregoing alternatives is reasonably available to Contractor
terminate this Agreement, and refund all amounts paid to Contractor by City,
subsequent to which termination City may seek any and all remedies available to City
under law.
4. ENVIRONMENTAL INDEMNIFICATION - Contractor does hereby
release,indemnify,reimburse,defend and hold harmless the City of Fort Worth from
and against any and all environmental damages and the violation of any and all
environmental requirements resulting from the cleaning, handling, collection,
transportation,storage and disposal of hazardous waste by contractor resulting in an
act of omission of environmental violation. Environmental Damages shall mean all
claims, judgments, damages, losses, penalties, fines, liabilities (including strict
liability),encumbrances,liens,costs,and expenses of investigation and defense of any
claim, whether or not such claim is ultimately defeated, and of any good faith
settlement or judgment,of whatever kind or nature,contingent or otherwise,matured
or unmatured, foreseeable or unforeseeable, including without limitation reasonable
attorney's fees and disbursements and consultant's fees, any of which are incurred as
a result of handling,collection,transportation,storage,disposal,treatment,recovery,
and/or reuse of waste pursuant to this contract, or the existence of a violation of
environmental requirements pertaining to, and including without limitation:
Damages for personal injury and death, or injury to property or natural resources;
Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs in connection with the investigation or remediation of
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City Secretary Contract No.
such wastes or violation of environmental requirements including, but not limited to,
the preparation of any feasibility studies or reports of the performance of any
cleanup, remediation, removal, response, abatement, containment, closure,
restoration or monitoring work required by any federal, state or local governmental
agency or political subdivision, or otherwise expended in connection with the
existence of such wastes or violations of environmental requirements, and including
without limitation any attorney's fees, costs and expenses incurred in enforcing this
contract or collecting any sums due hereunder; and liability to any third person or
governmental agency to indemnify such person or agency for costs expended in
connection with the services provided under this agreement.
10. Confidential Information. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. To the extent the Service Agreement requires that City maintain records in violation of
the Texas Public Information Act, City hereby objects to such provisions and such provisions are hereby
deleted from the Agreement and shall have no force or effect.In the event there is a request for information
marked Confidential or Proprietary, City shall promptly notify Contractor. It will be the responsibility of
Contractor to submit reasons objecting to disclosure of the information. A determination on whether such
reasons are sufficient will not be decided by City,but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
11. No Boycott of Israel. If Contractor has fewer than 10 employees or this Agreement
is for less than $100,000,this section does not apply. Contractor acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas
Government Code. By signing this Agreement, Contractor certifies that Contractor's signature
provides written verification to the City that Contractor: (1)does not boycott Israel; and(2)will not
boycott Israel during the term of the Agreement.
12. Immigration Nationality Act. Contractor will 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 will provide City with copies of all
I-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Contractor will 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 WILL 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,will have
the right to immediately terminate this Agreement for violations of this provision by Contractor.
13. Right to Audit. Contractor agrees that City shall, until the expiration of three (3) years
after final payment under the Agreement, have access to and the right to examine any directly pertinent
books, documents, papers and records of Contractor involving transactions relating to the Agreement.
Contractor agrees that City shall have access during normal working hours to all necessary Contractor
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance
with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits.
Addendum to Service Agreement Page 5 of 9
City Secretary Contract No.
14. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
15. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
16. Force Majeure. City and Contractor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems;restraints or prohibitions by any court,board,department,commission,or agency
of the United States or of any States;civil disturbances;other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice
required by this section must be addressed and delivered in accordance with Section 19 of this Agreement.
17. Non-Discrimination Covenant. Contractor, for itself, its personal representatives,
assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees
that in the performance of Contractor's duties and obligations hereunder, it will not discriminate in the
treatment or employment of any individual or group of individuals on any basis prohibited by law.IF ANY
CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION
COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS,
CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
18. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Contractor.
Each party is fully entitled to rely on these warranties and representations in entering into this Agreement
or any amendment hereto.
19. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
Addendum to Service Agreement Page 6 of 9
City Secretary Contract No.
To CITY: To CONTRACTOR:
City of Fort Worth Precision Water Technologies, Inc.
Attn: Assistant City Manager 1225 Capital Drive, Suite 180
200 Texas Street Carrollton, TX 75006 Facsimile:
Fort Worth,TX 76102-6314 (971)488-9421
Facsimile: (817)392-8654
With copy to Fort Worth City Attorney's Office at
same address
(signature page follows)
Addendum to Service Agreement Page 7 of 9
City Secretary Contract No.
Executed this the day of ,2021.
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
) "TCA of this contract,including ensuring all
By. Jesus J.Chapa(Jan 26,202108:16 CST) performance and reporting requirements.
Name: Jesus J. Chapa
Title: Deputy City Manager
Date: By: Alan H.Shuror(Jan 20,202112:58 CST)
Name: Alan Shuror
Approval Recommended: Title: Sr.Administrative Services Manager
Approved as to Form and Legality:
Sfave-Coo,&
By: Steve Cooke(Jan 22,202113:36 CST)
Name: Steve Cooke
Title: Property Management Director By: �
Name: Matthew A.Murray
Attest: oog4FORr Title: Assistant City Attorney
po F000000000*aa
pie °���d Contract Authorization:
By: �C� 000 g=� M&C: Not required
U �p�,�. *�d Ordinance No. 24161-04-2020
Name:
Mary Kayser City Secretary �a��nEXASoO0000000000. p
Tit
CONTRACTOR:
PRECISION WATER TECHNOLOGIES,INC.
By:
Name: Charles Heineman
Title: General Manaaar
Date: 01/20/2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum to Service Agreement Page 8 of 9
City Secretary Contract No.
EXHIBIT A-SERVICE AGREEMENT
Addendum to Service Agreement Page 9 of 9
SERVICE AGREEMENT
THIS AGREEMENT("Agreement")is made on the Date and effective as of the Effective Date by and between Owner and Contrac-
tor(each, a"Party"or collectively,the"Parties"). Owner hires Contractor to provide and Contractor agrees to provide the Services
for the Property. For and in consideration of the mutual agreements of the Parries and other good and valuable consideration,the re-
ceipt and sufficiency of which are hereby acknowledged,the Parties,intending to be legally bound,agree as follows:
1. Definitions.
Unless the context otherwise indicates,the following words or phrases have the respective meanings:
DATE: 6/26/19 EFFECTIVE 7/27/19
DATE:
OWNER: Hertz Fort Worth Energy Way,LP CONTRACTOR: Precision Water Technologies
ADDRESS: 100 Energy Way ADDRESS: 1225 Capital Drive, Suite 180
Fort Worth,TX 76102 Carrollton,TX 75006
CONTACT: Name: Sereniti Abbott CONTACT: Name: Charles Heineman
Address: 100 Energy Way, Suite 100 Address: same as above
Fort Worth,TX 76102 Phone: (214)478-3888 — cell
Phone: 817-886-3100 (972)488-6755— office
Fax: N/A Fax: (971)488-9421
Email: sabbott@hertzgroup.com Email:ceineman@precisionwater.net
TERM: EXIIIBITS• A-Scope&Schedule of Work
A- Compensation
Begin Date: 7/27/19 A-General Conditions
End Date: 7/26/20
(month to month)
COMPENSATION: See Exhibit A PROPERTY: Name: Hertz Fort Worth Energy Way,LP
(Building Name) Address(es): 100 Energy Way, Suite 100
Fort Worth,TX 76102
SERVICES: ❑ Security ❑Janitorial ❑Landscape ❑Parldng/Garage ❑Window Cleaning
See,Exhibit A Maint. Manag.
❑ Snow/Ice ❑Uniform Rental ®Other:Water Treatment
Removal
2. Term. 4. Schedule of Service.
Unless terminated,this Agreement shall commence on the Begin Contractor agrees to perform the Work as indicated under
Date, continue for the Term, and will automatically be extended "Schedule of Work"on Exhibit A(the"Schedule").
for successive 30-day periods after the End Date.
5. Compensation.
3. Scope of Work. Owner agrees to pay Contractor compensation for the Work as
During the Term, Contractor agrees to perform the Services and indicated on Exhibit A(the"Compensation").
supply those goods and materials ("Goods") as indicated under 6. Personnel and Contractor Employees.
"Scope of Work" on Exhibit A and pursuant to the General
Conditions, if any, attached as Exhibit A (collectively the (a) Contractor agrees to provide adequate personnel to cause
"Work") in a safe, professional, and competent manner. If the completion of all Work in accordance with the Schedule. All
Goods are supplied as part of the Work,the Goods shall be new such personnel shall be employees, subcontractors or independ-
and unused and shall be suitable for the purposes intended. ent contractors of the Contractor and, in this Agreement, are
referred to collectively as "Personnel" and individually as a
"Contractor Employee".
1
(b) All Personnel shall be trained and supervised by Con- (b) Contractor shall obtain and shall maintain,at its sole cost
tractor in accordance with accepted industry practices,shall have and expense, at all times during the Term, all licenses, permits,
all required licenses and shall adhere to the reasonable rules and and other authorizations from governmental authorities or
regulations as established from time to time by Owner for the boards,necessary to enable it to perform the Work.
conduct of independent contractors on the Property. Contractor (c) Contractor will diligently safeguard the health and well-
shall provide at all times competent,adequate, and knowledgea- being of all persons on or about the Property, including without
ble supervision of all Work performed at the Property and all limitation all licensees,tenants,guests and invitees of Owner in
Personnel performing or supplying the Work shall be competent, the performance or supplying of the Work. Contractor will
adequate and knowledgeable. In the performance or supplying promptly remove all materials and/or equipment and Tools used
of the Work,neither Contractor nor any Personnel shall interfere or expended in the performance or supplying of the Work
with the operations of Owner on or with respect to the Property. promptly upon the completion thereof,or if applicable upon the
(c) Contractor shall provide all hand tools, specialty tools, completion of the portion of the Work that will be performed or
and equipment(hereinafter called the"Tools") for performance supplied at any particular time. During performance or supply-
or supplying of the Work. ing of the Work,Contractor shall take all necessary steps to se-
(d) The Parties agree that Owner shall not have the right to cure the equipment,materials,and Tools used in connection with
supervise, terminate or otherwise discipline any of the Person- the Work to prevent interference with respect to access to and
nel. However, Owner shall have the right to require or ask any use of the Property or the creation of any dangerous conditions
Contractor Employee to leave the Property or cease a particular for any other persons using the Property.
activity if Owner believes that such Contractor Employee is act- (d) Contractor will ensure that the Personnel will neither
ing or failing to act in a manner that might cause danger to life carry weapons of any type nor be under the influence of intoxi-
or property or is otherwise engaging in conduct that may be un- cants or controlled substances on or about the Property.
lawful or inconsistent with the character and nature of the Prop- g, Insurance and Fidelity Bonds.
erty. Contractor further agrees that Owner shall have the right, (a) Owner may, upon written notice thereof, require Con-
within 2 days of the Effective Date of Notice to the Contractor, tractor,at its sole cost and expense,to provide and maintain dur-
to require that any Contractor Employee not be permitted to en- ing the Term, a fidelity or surety bond in the minimum amount
ter upon the Property in connection with the performance or of$1,000,000,on forms and with bonding companies acceptable
supplying of the Work. to Owner, under which the bonding company agrees to reim-
(e) Contractor agrees to adhere to Owner's Code of Busi- burse Owner for any loss, damage or expense which either of
ness Conduct and Ethics,if any. such parties may suffer or sustain due to the fraud, dishonesty,
(f) Contractor shall use reasonably diligent efforts to verify forgery, theft, larceny, embezzlement, wrongful conversion or
that any Contractor Employee who has access to the Property in abstraction, misapplication, misappropriation or any other dis-
the performance of the Work does not have any record of crimi- honest or criminal act or omission of Contractor or Contractor's
nal convictions,other than minor traffic violations. No Contrac- employees or agents. Contractor shall submit such bond to
for Employee that has any such record shall be admitted to the Owner for approval(if such a bond is required hereunder)prior
Property to perform any of the Work without the prior written to the commencement of any Work hereunder.
consent of Owner. Owner reserves the right to independently (b) Contractor and all Personnel who or which are subcon-
verify the background of any such individuals and to require tractors or independent contractors of the Contractor shall, until
Contractor to replace (or require any such Personnel to replace) completion of the Work,procure and maintain at its or their ex-
any Contractor Employee that does not meet the standards set pense, the following insurance coverages with a company or
forth in this Agreement. companies acceptable to Owner that are authorized to do busi-
(g) Contractor shall not,and Contractor shall require that all ness in the jurisdiction in which the Property is located in the
Personnel shall not,disclose any information regarding the oper- following minimum amounts:
ation of the Property,the Owner's operations therein,the opera- (1) Worker's Compensation. Statutory benefits and lim-
tions of any occupant of the Property or the operations of Owner its which shall fully comply with all State and Federal require-
to which Contractor or such Personnel have access through per- ments applying to this insurance; which shall include Broad
formance of the Work hereunder,and which a reasonable person Form all states and voluntary compensation endorsements.
would consider to be confidential or proprietary, to any third (2) Employer's Liability Limits of not less than
parties or use such information for any purposes other than the $1,000,000 per accident,$1.000,000 per disease and$190009000
performance of Work hereunder, except to the extent that Con- policy limit on disease.
tractor or such Personnel reasonably believes that it is required
to do so according to applicable law and promptly notifies Own- (3) Comprehensive General Liability. (Including per-
er. sonal injury,owner's and contractor's protective liability,explo-
sion, collapse and underground damage liability endorsement
7. Compliance with Laws;Licensors; Safety. (commonly called X. C and U hazard),products, completed op-
(a) All of the Work shall be performed in accordance with erations, blanket contractual and broad form property damage
all applicable Federal, State and local laws, codes, regulations coverage, providing primary (and not contributing) coverage,
and ordinances including, but not limited to the Fair Labor and containing cross-liability and severability of interest clauses)
Standards Act, the State and Federal Occupational Safety and Limit of Liability
Health Acts, and any and all Environmental Laws. All Work
shall meet or exceed local industry standards and practices. Bodily Iniury $3,000,000 each occurrence
2
$3,000,000 in the aggregate Laws (as defined below). If any claim, action or proceeding is
Property Damage $3,000,000 each occurrence brought against Owner by reason of any Claims,Contractor up-
$3,000,000 in the aggregate on written demand from Owner shall defend the same at Con-
tractor's expense by counsel reasonably satisfactory to Owner.
(4) Comprehensive Automobile Liability. (Including 10.Hazardous Materials.
coverage for hired and non-owned automobiles; providing pri-
mary (and not contributing) coverage, and containing cross- Contractor shall identify to Owner, in advance of delivery of,
liability and severability of interest clauses) any Hazardous Materials incorporated in or associated with the
Limit of Liability Work provided hereunder and shall, in any event, use and dis-
pose of all such Hazardous Materials utilized,transported,gen-
erated or released in connection with the Work, in accordance
$1,000,000 each occurrence with all Environmental Laws and any other applicable laws,
Property Damage $1,000,000 each occurrence rules and regulations. Prior to,and in connection with the deliv-
ery of any Hazardous Materials to the Property, the Contractor
(c) Contractors performing construction work, must also shall complete and deliver to Owner, in accordance with appli-
provide "all risk" builders risk property insurance for the full cable laws, rules and regulations, a material safety data sheet
replacement cost of the Work on a completed value basis, nam- with respect to such Hazardous Materials. "Hazardous Materi-
ing Owner as a loss payee, as its interest may appear,providing ale" shall mean any substance which is controlled, regulated or
primary(and not contributing)coverage, and including a waiver prohibited under any Environmental Law. "Environmental
of all rights of subrogation against Owner. Law(s)" shall mean any local, State and Federal law relating to
(d) Contractor shall furnish to Owner, before commencing the environment and environmental conditions.
any Work,and annually if applicable,one or more certificates of 11.Property of the Contractor.
insurance indicating(1) the types and amounts of insurance re-
quired under this Agreement, (2) the insurance company or All property of any kind,owned,hired,or supplied by the Con-
companies carrying said coverages, (3)the effective and expira- tractor or any Personnel,not intended to be incorporated into or
tion dates of the policies,(4)that Owner,any managing agent of made a part of the Work shall be maintained whether off-site or
Owner and their respective corporate affiliates are named as ad- on-site, at the sole risk of Contractor or such Personnel and no
ditional insureds,(5)that 60 days' advance written notice will be such party shall have the right to look to or hold Owner or any
managing agent of Owner responsible in any manner for its
given to Owner of any material change in or cancellation of a
policy and(6)that each carrier of any such insurance waives any safekeeping.
right of subrogation that it may have against Owner with respect 12.Independent Contractor.
to any loss covered by such insurance irrespective of the negli- (a) Contractor shall for all purposes under this Agreement
gence or willful misconduct of Owner, any managing agent of be an independent contractor of the Owner and not an agent or
Owner or any of their tenants, contractors, employees, guests, employee of either the Owner or any managing agent of Owner
invitees or agents. and nothing in this Agreement shall be construed as creating any
9. Indemnity. other relationship between the Parties including, but not limited
Contractor shall defend, indemnify, and hold Owner, and its to,a partnership,an agency relationship,or a joint venture. Nei-
directors, officers, employees, agents, contractors (other than ther Contractor nor Contractor's Personnel shall be deemed for
Contractor), invitees, concessionaires and licensees(collectively any purpose to be employees or agents of Owner or any manag-
"Owner's Agents") harmless from and against any and all lia- ing agent of Owner.
bility, loss, claims, demands, damages or expenses, including (b) No Contractor Employee shall be entitled as a result of
attorneys' fees,whether for personal injury,theft,property dam- this Agreement to any of the benefits under any employee bene-
age or otherwise (collectively "Claims") arising from Contrac- fit plan Owner or any managing agent of Owner presently has in
tor's or Contractor's directors, officers, employees, agents, con- effect or may put into effect in the future. Contractor or its Per-
tractors, invitees, concessionaires and licensees (collectively sonnel, as the case may be, shall be solely responsible for the
"Contractor's Agents")performance or non-performance of the payment of any salaries, wages, benefits, and other compensa-
Work or from any act or omission(whether negligent or inten- tion or payments due to any person or entity in connection with
tional)by Contractor or Contractor's Agents in or about the Pro- the Work (other than the payment of the Compensation),with-
ject, and shall further defend, indemnify and hold Owner and holding or payment of all applicable Federal, State and local
Owner's Agents harmless from and against any and all Claims personal income taxes, social security taxes, and other payroll
arising from any breach or default in the performance of any taxes with respect to the employees of Contractor or its Person-
obligation on Contractor's or Contractor's Agents' part to be nel, as well as any taxes or contributions imposed by applicable
performed hereunder, or to the extent caused by the negligence Federal or State unemployment or worker's compensation act(s).
or willful misconduct of Contractor or Contractor's Agents. The Contractor and its Personnel respectively have the sole authority
liability of the Contractor under the foregoing indemnity shall and responsibility to hire, fire, and otherwise control their re-
extend to and include any testing, response, and remediation spective employees.
costs incurred by Owner or any managing agent of Owner in 13.Publicity;Use of Marks.
connection with a release, discharge or generation of Hazardous Contractor shall not identify, either expressly or by implication,
Materials(as defined below)on,within or in the vicinity of,the Owner, any managing agent of Owner or any of their respective
Property by the Contractor or any Personnel in violation of the
terms of this Agreement or in violation of any Environmental corporate affiliates or use any of their trademarks,trade names,
3
service marks, other proprietary marks, or the Work performed 18.Inspection.
hereunder in any advertising, press releases,publicity matters or Contractor acknowledges that Contractor has inspected the
other promotional materials without the prior written consent of Property and is not aware of any conditions which could ad-
Owner and/or any managing agent of Owner. versely affect its ability to perform the Work in accordance with
14.Identification Credentials. this Agreement and accepts the Property in its present condition.
Owner, at its sole discretion, may require Contractor and any 19.Default.
Personnel to exhibit identification credentials to gain access to In the event that the Contractor fails to perform any of its obliga-
the Property. Contractor shall cause all of such parties to return tions under this Agreement and such failure continues for 10
all identification credentials to Owner upon the sooner of(a)the days after the Effective Date of Notice from the Owner describ-
termination of such party or its employer with respect to the ing such failure, then, in addition to any other rights that the
Work, (b) the End Date, or (c) the date of termination of this Owner may have hereunder to terminate this Agreement, Owner
Agreement. shall have the right to pursue any remedies available at law or in
15.Notices. equity against the Contractor for such failure.
All notices required or permitted under this Agreement shall 20.Termination of Agreement.
be in writing and shall be delivered personally, by recognized (a) This Agreement may be terminated with respect to all or
overnight courier service, or by certified mail,return receipt re- a portion of the Property upon 30 days' written notice from
quested to the Parties' addresses. Either Party may notify the Owner to the Contractor at any time without any cause whatso-
other in writing of a change of address for the purpose of this ever, including,without limitation, Owner's transfer of its own-
Section, which change of address shall be effective on the I& ership interest in any or all of the Property.
day after the Effective Date of Notice. The term "Effective
Date of Notice" shall mean and refer to (1) in the case of per- (b) In addition, Owner may terminate this Agreement, as it
Pertains to any or all of the Property,effective immediately upon
sonal delivery, the date that a notice is actually delivered to the
respective Party's address, (2) in the case of overnight courier giving written notice to Contractor that the(1) Contractor failed
service, 1 business day after the notice is deposited with such to timely and/or fully perform or supply the Work for any rea-
son, including,but not limited to labor disputes; (2)the Property
the case of certified mail, the first date of attempted delivery, suffered damage as a result of fire or other casualty;(3)Contrac-
refusal a rejection. tors employees or their allies picketed any property including
any Property owned and/or managed by Owner or any of its af-
16.Assignment. filiates resulting in the disruption in operation of said Property or
(a) This Agreement, any portion of the Work or the Com- inconvenience to the tenants or occupants thereof;(4)Contractor
pensation shall not be assignable by Contractor without Owner's is in default of this Agreement beyond any applicable notice and
prior written consent. cure provisions; or(5) Owner has transferred or will transfer its
(b) Without its consent but upon written notice to Contrac- interest in the Property. Upon termination of the Agreement and
tor, Owner may assign this Agreement to the transferee of Own- subject to Subsection 21(i), neither party shall have any obliga-
er's interest in any or all of the Property ("Transferee"), in tion to the other beyond the effective date of the termination.
which case, at Owner's election, Contractor shall enter into an (c) In the event this Agreement is terminated with respect to
agreement with the Transferee upon the same terms and condi- a portion, but not all, of the Property, the definition of Property
tions as stated in this Agreement,except that if Property includes and Scope of Services and Compensation set forth in Exhibit A
more than one Building,the definition of Property Scope of Ser- shall be revised to remove the terminated Property and refer-
vices and Compensation set forth in Exhibit A shall be revised ences to the terminated Property in this Agreement shall be of no
to include only those Buildings in which Owner transferred an further force or effect after the effective date of such termina-
interest to the Transferee. If the Closing Date does not coincide tion.
with the billing period established in Exhibit A for the trans- (d) If the termination of this Agreement is in connection
ferred property, then Contractor shall prorate any changes for with Owner's transfer of an interest in the Property,then provid-
such month. In the event of any such transfer,Owner shall,with ed that Owner has given Contractor written notice of such termi-
respect to each Property transferred, be automatically freed and nation,Owner may specify that the effective date of termination
relieved of all liability with respect to its performance under this shall not be a specified date, but shall be the date of the closing
Agreement which may accrue from an after the effective date of of such transfer of Owner's interest (the "Closing Date"), sub-
such transfer. ject to Owner's obligation to promptly notify Contractor of such
17.Lien Claims. closing when the same occurs.
Contractor shall not create or permit to remain against the 21.Other.
Property any lien, encumbrance, or other like charge,either by (a) This Agreement shall be construed and interpreted under
action or inaction of Contractor or any Personnel. Contractor the laws of the state in which the Property is located and venue
shall sign, execute and deliver, or cause to be signed, executed shall lie in the County in which the Property is located. The
and delivered, such partial and final lien waivers with respect to titles of sections and subsections herein have been inserted as a
the Work as Owner shall from time to time require. Contractor matter of convenience of reference only and shall not control or
shall, at its own expense, within 10 days of written notice from affect the meaning or construction of any of the terms or provi-
Owner,cause any liens or other encumbrances placed against the sions of this Agreement. All references to the singular shall in-
Property or any interest therein, arising out of the Work, to be clude the plural,and vice versa.
removed of record or otherwise bonded off.
4
(b) Except as otherwise expressly provided herein,all rights, (i) The agreements of the Contractor set forth in Section
powers, and privileges .conferred hereunder upon the Parties 6(c), 6(d), 9, 11, 13, 14, and 17 shall survive the expiration or
shall be cumulative and in addition to those other rights,powers, early termination of the Term.
and remedies hereunder and those available at law or in equity.
All such rights, powers, and remedies may be exercised sepa- �) No parties other than Owner end Contractor shall be en-
All or at once,and no exercise of an right, titled to rely on any patty's performance hereunder or to enforce
ypower,or remedy the terms and provisions hereof.
shall be construed to be an election of remedies or shalt preclude
the future exercise of any or all other rights,powers,and reme- (k) If either Party brings suit against the right of the other to
dies granted hereunder or available at law or in equity,except as recover any sums due under this Agreement,or for any breach of
expressly provided in this Agreement. any Provision of this Agreement,or for any other relief under it,
c then all costs and expenses of the same, including reasonable
( } Neither the failure of either Party to exercise any power attorneys' fees and costs, incurred b n
given such Party nor to insist upon strict compliance by the other Y the prevaili 8 Pa suit in the
suit shall be paid by the other Party.
Party with its obligations under this Agreement,nor any custom
or practice of the Parties at variance with the terms of this (1) Owner and Contractor each hereby waive their respec-
Agreement shall constitute a waiver of either Party's right to tive rights to trial by jury of any cause of action,claim,counter-
demand exact compliance with the terms of this Agreement, claim,or cross-complaint in any action,proceeding,and/or hear-
d) This Agreement contains the entire agreement of the Par- mg brought by either Owner against Contractor, or Contractor
ties with respect Agreement
a the Property against Owner, as to any matter whatsoever arising out of or in
p rty and with respect to the Work, any way connected with this Agreement, the relationship of
and no representations, inducements, promises, or agreements, Contractor and Owner, Contractor's use or occupancy of the
oral or otherwise,between the parties not embodied or incorpo- Project, any claim of injury or damage, or the enforcement of
rated in this Agreement by reference shall be of any force or any remedy under any law, statue, or regulation,emergency or
effect.The parties acknowledge that all prior agreements, repre- otherwise, now or hereafter in effect. However, Owner and
sentations and negotiations concerning the subject matter of this Contractor agree that this waiver shall not be effective where the
Agreement, or collateral to it, are deemed superseded by the legal effect of such waiver would be to invalidate in whole or in
execution of this Agreement to the extent they are not incorpo- per,or to limit or impair in any manner any policy of insurance
rated in it and that this Agreement shall be deemed to be inte- in force for the benefit of Owner or Contractor or to limit or im-
grated. The parties further acknowledge that if the terms of this pair any rights,remedies or coverage afforded thereunder.
Agreement conflict with the terms of any exhibits attached here-
to,the terms of this Agreement shall apply. (m) OFAC Certification. Contractor represents that it is not
now and had never been listed or named as,nor has it ever acted
(e) This Agreement shall be binding upon and shall insure to directly or indirectly for or on behalf or any person, group or
the benefit of the Parties and their respective personal represent- entity or nation named in any Executive Order or by the United
atives,successors,and assigns. States Treasury Department or any other,state or federal agency
(f) No amendment to this Agreement shall be binding on a as a terrorist, or a "Special Designated National and Blocked
Party unless the amendment is in writing and is executed by the Person," or other banned or blocked person, entity, nation, or
Party against whom enforcement of the amendment is sought. transaction pursuant to any law,order,rule,or regulation that is
(g) Time is of the essence of this Agreement. enforced or administered by the Office of Foreign Assets Con-
(h) This Agreement may be executed in several counter- trol("OFAC")or any other state or federal agency.
parts,.each of which shall be deemed an original, and all such (n) The Exhibits attached to this Agreement are incorporated
counterparts together shall constitute one and the same instru- in it. In the event of any inconsistency between such Exhibits
ment. and this Agreement,this Agreement shall control.
IN WITNESS WHEREOF,Owner and Contractor,have executed this Agreement under seal as of the day and year first above writ-
ten.
CONTRACTOR: OWNER
PRECISION WATER TECHNOLOGIES HERTZ FORT WORTH ENERGY WAY,LP
By. By:
Name: Charles les S. Heineman Name: nnteK'ellin
Its. General Manager Its: VP,Regional Property Manager
5
EXHIBIT A
recision Water Technoi0 ies SCOPE&SCHEDULE OF WORK
1225 Capital Drive o Suite 180 o Carrollton, TX a 75006 0 972/488-6755 972/488-9421(fax)
June 24, 2019
Mr. Darrell Davis
Pier 1 Imports Building
Hertz Group
100 Energy Way, Suite 100
Fort Worth, TX 76102
Subject: Water Treatment Program
Dear Darrell:
Thank you for the opportunity to present recommendations for your water treatment
program at your Pier 1 Imports property in Fort Worth, Texas. Our recommendations
are based on our survey of your facility on June 20, 2019.
First, let me take a moment to discuss the capabilities of Precision Water Technologies.
Precision Water is a regional supplier for water treatment chemicals and services to the
North Texas area. We purchase our chemicals from toll-blenders which specialize in
custom blending. Precision Water's chemical programs are specifically formulated for
the water conditions of North Texas. This helps to insure you receive the best treatment
for your facility's operating conditions.
Precision Water is currently a member of the Association of Water Technologies (AWT).
AWT is a cooperative of over 500 regional companies and 100+ consultants throughout
the world. This allows us to share the latest technology and trends in the water
treatment industry. AWT also provides training and certification to its members through
its Certified Water Technologist program. This certification is only US recognized
program of its kind, which helps to insure you are working with an industry professional
who is competent in specified areas of water and energy management.
Precision Water's success has centered around resolving the two most common
problems expressed by customers today:
1.) Inexperienced representative or representative turnover
2.) High program costs or regular(annual) price increases
The average Precision Water field engineer has 15+ years of water treatment
experience.
6
Pier 1 Imports EXHIBIT A
June 24, 2019 SCOPE&SCHEDULE OF WORK
Page 2
SURVEY INFORMATION
During our survey, the following information was obtained:
• (2) 700 Ton Chillers (normally can get by with 700 Tons)
• Chemical Feed System -The following equipment is used for controlling
conductivity and chemical feed to the cooling tower system:
(1) Nalco Trasar Controller
(3) Chemical Pumps (2 x Pusafeeder and 1 x I-MI)
(3) Chemical Tanks
*All equipment is owned by Nalco Company
• Chemical Program - Currently the following chemical program is used for the
condenser water system:
Nalco 3DT260 Inhibitor
Nalco 3ST70 Biocide— Stabilized Bromine
Nalco 7330 Biocide— Isothiazolin
• Estimated Cooling Tower Volume:
Condenser Water Piping 14" diameter x 21 floors + 2 (approx. 5,540 gallons)
(1) Cooling Tower(3) cells— 12' x 20' each cell (approximately 2,700 gallons)
Miscellaneous Piping (condenser pumps) 14" diameter x 100' (1,500 gallons)
Total condenser volume—approximately 9,740 gallons
• Miscellaneous Information:
Currently the flow sensor has been bypassed due to lack of sample line flow
Some scale deposition occurred due to losing flow through sample line
Trasar probe and ORP are limited to 100psi maximum
The booster pump is maxed out at 43 psig differential
7
Pier 1 Imports EXHIBIT A
June 24, 2019 SCOPE&SCHEDULE OF WORK
Page 2
RECOMMENDATIONS
The following are our recommendations for Pier 1 Imports Texas:
1. Chemical Treatment:
Precision 32807T is a concentrated cooling water treatment used as a scale
retardant, antifoulant and corrosion inhibitor. This product contains organic
corrosion inhibitors for both mild steel and yellow metals, and blends a copolymer
dispersant/surfactant for biofilm penetration and dirt/silt removal. This product
provides PTSA tracing for automated chemical feed.
Precision 3ST20 is a stabilized bromine biocide with 11% bromine. This product is
an oxidizing biocide which allows measuring for a residual to ensure proper biocide
levels are maintained.
Precision 32593 is a water based, dispersing, broad spectrum biocide. This EPA
approved treatment program controls aerobic and anaerobic bacteria, fungi, and
algae in recirculating cooling water systems. This helps reduce energy consumption
through improved biofilm removal and control of organic scale & corrosion inhibitor
degradation
PROGRAM UPGRADE OPTIONS:
ORP/Water Management Plan— Measures the amount of bromine in the cooling
tower system. This can be used to set up an ASHRAE 188 Standard program for
the cooling tower system. The ORP will monitor and document the bromine levels in
in the cooling tower.
Pressure Regulator/Booster Pump—The current pressure regulator/booster pump
are not providing sufficient flow though the sample line. This needs to be corrected
for the installation of PTSA and ORP probes.
�A{S/Kiafioa o/Ware,
7erh»of"ie.
8
Pier 1 Imports EXHIBIT A
June 24, 2019 SCOPE&SCHEDULE OF WORK
Page 2
2. Testing & Control:
Precision Water Technologies utilizes a combination of HACH and AquaPhoenix test
kits for"actives" monitoring the water treatment program. In coordination with PTSA
tracer control of inhibitor treatment, the implementation of"actives" monitoring is a
recommended upgrade to the existing program. In order to achieve the greatest
benefit from our chemical treatment program, we recommend in-plant testing of our
program. Precision Water Technologies will provide all test kits and solutions for
performing these in-plant tests.
The success or failure of any water treatment program is most often defined by the
monitoring of basic system parameters. By utilizing the testing programs
incorporated into Precision Water's programs, a daily commitment of 5-10 minutes
could all but insure a scale/algae free condenser water system.
3. Operator Training:
As one of the cornerstones of a successful water treatment program, Precision
Water provides on-site training in the areas of general water treatment, analytical
testing, system operation/efficiency analysis, and safe chemical handling/emergency
response. Training can be conducted as a one-on-one exercise or take place in a
classroom style environment. As the owner/operator of a chiller plant, your
understanding of general water treatment concept is critical to success of the
program.
4. Chemical Handling:
Proper chemical handling is an important consideration in any water treatment
program. Liability, both environmental and financial, should be considered by any
end user, as "cradle-to-grave" responsibility rests on both the chemical supplier as
well as the chemical consumer.
Precision Water will provide a hands-off chemical handling program which involves
Precision Water personnel filling into stationary base tanks and removing the
chemical refill container after delivery. Our Precision Feed System uses cam-lock
fittings which eliminates potential of chemical spills during chemical transfer. All
deliveries are performed by dedicated delivery specialist base in the DFW Metroplex
(no common carrier deliveries). 24-hour delivery service is available with this
program at no additional cost.
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Teclrnnlcxyet
9
Pier 1 Imports EXHIBIT A
June 24, 2019 SCOPE&SCHEDULE OF WORK
Page 2
5. Service:
Precision Water Technologies will provide monthly service visits with personal
service reports. Service frequency during start-up is more frequent to insure a
smooth transition. Precision Water personnel will also be on call for related
equipment inspections and provide documentation as needed. Finally, Precision
Water will provide a Program Manual with a program outline, control tests, data log
sheets, and Safety Data Sheets.
S. Experience:
Probably the most important part of any water treatment program is the experience
level of the on-site representative. You want to make sure that the on-site
representative can work with your personnel to deliver the most technologically
advanced program available for your facility. The water treatment industry has a
certification program known as the "Certified Water Technologist'. Anyone carrying
the °CWT" designation has passed the most rigorous examination in the Water
Treatment Industry.
Precision Water Technologies is proud to be associated with the CWT program. We
also have one of the highest percentages of personnel with the Certified Water
Technologists credentials of any water treatment companies in the country.
7. Working Towards a Greener World:
Precision Water Technologies is working toward a greener world. The following
areas are part of our program which will help us achieve a greener world:
Energy Consumption: Is the biggest factor that contributes to the carbon footprint of
your building. We will be monitoring the approach temperatures of your chillers to
insure that your energy consumption is minimized.
Water Consumption:, Is the next biggest factor with regards to your chiller operation.
We will insure that you are maintaining the maximum cycles of concentration which
will minimize water consumption.
Chemicals: Precision Water Technologies incorporates inhibitors that are much
more environmentally friendly (lower phosphate levels) than some of the older
inhibitor technologies. We also use oxidizing biocides (when possible) which are
more readily consumed than some of the non-oxidizing biocides. Some of the non-
oxidizing biocides stay in the water long after it leaves the cooling tower.
10
Pier 1 Imports EXHIBIT A
June 24, 2019 SCOPE&SCHEDULE OF WORK
Page 2
PROGRAM TREATMENT COST
Assumption:
All chemical feed equipment is owned by Nalco Company
Annual Costs (contract): $8,400/yr.
$ 700/mo.
Program Features - Chemical treatment for condenser/chilled water systems
-Chemical tannsfer into chemical tanks
-ASHRAE 188 Stanndard for cooling tower system
- Monitoring of biocide levels (ORP probe required)
-Texts and/or emails when upset conditions occur
(remote monitoring required)
-Test kits and solutions for onsite monitoring
- Monthly service visits with on-site service reports
- Program Administration Manual
- Safety Data Sheets (Hard Copy/Electronic)
- Operator Training
- CHEMTEL Emergency Service
Equipment Needed:
• Advantage MegatronXS Controller w/Internet Card $2,267.00
• (1) Pulsafeeder 12gpd Pump Inhibitor $ 557.00
• (2) Pulsafeeder 33gpd Pumps (bromine/isothiazolin) $1,316.00
Equipment Needed Costs: $4,140.00
Equipment Needed Costs (included in contract$115.00/month)
Optional Equipment:
• Corrosion Coupon Rack w/Flow Meter Low Pressure $ 442.00
• ORP Probe/Card Low Pressure $1,025.00
• Pyxis PTSA Probe w/4-20ma Card High Pressure $2,097.00
Total/Optional Equipment Costs: $7,704.00
Total Equipment Costs (included in contract$214.00/month)
11
Pier 1 Imports EXHIBIT A
June 24, 2019 SCOPE&SCHEDULE OF WORK
Page 2
Bromine vs. Chlorine in Cooling Towers
The effect of pH on antimicrobial activity of chlorine and bromine
against Pseudomones aeruginosa
IDo 5
=_—�---�---� —48— Chlorine
Bromine
32 70
Q \ T 4
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60 \ C
c \ e
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20 A M061 \\\
0 —— — 0
8.0 8.5 7.0 7.5 8.0 8.5 9.0 9.5 10.0
pH 1
Precision Biocide Feed Confirmation
(ORP Monitoring)
PNESTON TOES-ar-Monthly
01ro1/18 00:00-01/3/18 23:00
1000.0 —SYSL DAP
Min:106.3 *4.149.4
Me x:384.3 LW-W
800.0
600.0
400.0
200.0
0.0
O1/01/18 00.00 O146/18 11.30 01/31/18 23:00
Date/Tim
12
Pier 1 Imports EXHIBIT A
June 24, 2019 SCOPE&SCHEDULE OF WORK
Page 2
wr WHEN YOU SEE CWT
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13
Pier 1 Imports EXHIBIT A
June 24, 2019 SCOPE&SCHEDULE OF WORK
Page 2
cooling Tower Water Management Program—Legionella outbreaks, the ASHRAE-188
Standard, and New York City's enforcement of water management plans have been hot
topics among property managers and building engineers in the DFW area. Your Precision
Water treatment specialist has received specific training and certification from HClnfo—the
company of leading Legionella risk reduction expert Matt Freije. Although it is recommended
that facilities have a management plan for every building water system, Precision Water
wanted to provide our clients with an effective management plan to help reduce risk in
cooling tower systems.While the plan material is offered freely to our clients, recommended
equipment upgrades and regular Legionella testing make for a more effective treatment
program.
e+.w..mmr INTERPRETING YOUR LEGIONELLA TEST RESULTS
COOLING TOWERS
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Legionellosis ` """ �"'�• �
Risk Management fo -
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Building Ws-* S—.-
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Cooling Tower
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14