HomeMy WebLinkAboutContract 56528 CSC No.56528
FORTWORTH.
"I,
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and
through its duly authorized Assistant City Manager, and NRP Group, Inc. ("Vendor"), a state registered
company and acting by and through its duly authorized representative, each individually referred to as a
"party"and collectively referred to as the "parties."
1. Scope of Services.Chemical odor control services("Services"),which are set forth in more
detail in Exhibit"A," attached hereto and incorporated herein for all purposes.
2. Term. This Agreement begins on the date subscribed below by the City's designated
Assistant City Manager("Effective Date")and expires on exactly one calendar year from the effective date
("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City
will have the option, in its sole discretion,to renew this Agreement under the same terms and conditions,
for up to 4 one-year renewal option(s)(each a"Renewal Term").
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed TWO HUNDRED TEN THOUSAND TWO
HUNDRED FIFTY THREE Dollars($210,253.00). Vendor will not perform any additional services or
bill for expenses incurred for City not specified by this Agreement unless City requests and approves in
writing the additional costs for such services. City will not be liable for any additional expenses of Vendor
not specified by this Agreement unless City first approves such expenses in writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
OFFICIAL RECORD
Vendor Services Agreement CITY SECRETARY
FT.WORTH, TX
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised,in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Rieht to Audit. Vendor agrees that City will,until the expiration of three (3)years after
final payment under this Agreement,or the final conclusion of any audit commenced during the said three
years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
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construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers,agents, servants,employees,contractors,or contractors.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCL UDING 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 VENDOR,ITS OFFICERS,
AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however,Vendor will fully participate and cooperate
with City in defense of such claim or action.City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
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restricted,Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d)if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
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Employers' liability
$100,000- Bodily Injury by accident;each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions): ❑ Applicable ❑N/A
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees,officers,officials,agents,and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City.Ten (10) days' notice will be
acceptable in the event of non-payment of premium.Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management.If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
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comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth NRP Group,Inc.
Attn: Assistant City Manager Gary Morgan, President
200 Texas Street 9131 E 37a`Street N
Fort Worth,TX 76102-6314 Wichita,KS 67226
Facsimile: (817) 392-8654 Facsimile: (316) 303-0505
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this
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Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems;restraints or prohibitions by any court,board,department,commission,or agency
of the United States or of any States;civil disturbances;other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance,as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or the Exhibits.
22. Amendments/Modifications/Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either(a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City,Vendor will provide City with copies of all I-9
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forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES,OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers,procedures,guides, and documentation that are created,published,displayed,or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended,Vendor hereby expressly assigns to City all exclusive right,title and interest in
and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim,lien for balance due,or rights of retention thereto on the part of City.
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code,the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and "company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of
the Agreement.
30. Prohibition on Boycotting Energy Companies.Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
Vendor Services Agreement Page 8 of 12
the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not
boycott energy companies;and(2)will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries.Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added
by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or
services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that
Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
Vendor Services Agreement Page 9 of 12
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
Dana Bu(cihdoff responsible for the monitoring and administration of
By: Dana Bur2hdoff ct 21,2021 09:32 CDT) this contract,including ensuring all performance and
Name: Dana Burghdoff reporting requirements.
Title: Assistant City Manager
Date: 20_ By: Sli2t�6 S�
Name: Shatabya Ber land
APPROVAL RECOMMENDED: Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By: Christopher H rder(Oct 18,2021 09:11 CDT)
Name: Chris Harder
Title: Water Director
'6; F OR r By: Taylor Paris(Oct 20,2021 08:45 CDT)
O° °°°°°°°°°�a�� Name: Doug Black
ATTEST: IJI.o %�$ Title: Assistant City Attorney
Goo °•Id
�0 0 o d CONTRACT AUTHORIZATION:
�(,��? d� °Op0000°° p M&C: 21-0660
By:Name: Ronald Gonzales a�ti�'*XAS,o Date: 9/14/2021
Form 1295:
Title: City Secretary
VENDOR:
NRP GroupI In .
By:
Name: L
Title:
Date: J1b bc 20a I
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Vendor Services Agreement Page 10 of 12
EXHIBIT A
SCOPE OF SERVICES
*Behind this page*
Vendor Services Agreement Page 11 of 12
,FORTWORTHg
a
RFP Cover Sheet
PURCHASING DIVISION
REQUEST FOR PROPOSALS (RFP)
for
21-0051 Chemical Odor Control Services
Issued: March 3, 2021
PROPOSAL SUBMISSION DEADLINE: March 25,2021 by 1:30PM Local Time
NO LATE PROPOSALS WILL BE ACCEPTED
Proposal shall be delivered/mailed to: Legal Name, d/b/a and address of Proposer
The Purchasing Manager submitting the Proposal:
Purchasing Division, Lower Level, City Hall, NRPGroup, Inc
200 Texas Street, City of Fort Worth, Texas 76102.
Note: Return this Cover Sheet with the Proposal.
Pre-Proposal Conference will be held via WebEx:
Authorized Person: Gary R. Morgan
11:00 AM (local time) March 10, 2021 Title: re nt
Meeting Number(access code): 182 611 6653
Meeting password: d6xSgg8kk4z Signatur
Mobile Device- +1-469-210-7159.,1826116653## Contact Person ame: Same
Video- 1826116653(a)fortworthtexas.webex.com (31 � 308-08 (31 6130)-0505
Phone: fix:
For additional information/clarifications regarding Email: gmorgan@nrpgroupinc.com
this RFP, please contact:
Bidder/Supplied ID with City of Fort Wort/ Federal
Cristina Camarillo, Buyer ID Number(TIN): 04-3666746
FMSPurchasingResponses(a�fortworthtexas.aov
Will contract be available for Cooperative Agreement use? (See Section 29)Yes X No
Acknowledgment of Addenda:#1 x #2 #3 #4 #5
• PDF or Adobe or electronic signature is acceptable on this RFP cover page. The Authorized
Person, by his/her signature, represents that he/she is submitting a binding proposal and is
authorized to bind. By signing and submitting, acknowledges that he/she has received and read
the entire document packet, including all documents incorporated by reference, and agrees to be
bound by the terms therein.
• Proposals must be received in the Purchasing Office by 1:30 P.M., "Proposal Submission
Deadline"AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE
CONSIDERED. Late bids will be returned or destroyed.
• Proposals must be submitted in a sealed envelope WITH THE RFP NUMBER, RFP TITLE AND
PROPOSER'S LEGAL NAME WRITTEN ON THE OUTSIDE OF THE ENVELOPE. In case of
courier, it should be on the outside of the courier's shipping envelope.
• Sealed proposals will be accepted from 8:30-1:30 on Thursdays at the South End lobby of City
Hall. To hand deliver a bid other than that time period, please call Purchasing at 817-392-2462 to
make an appointment.
• Bid opening will be occurring through live stream on FortWorthTV at 2:00pm and can be viewed at
http://fortworthtexas.gov/fwtv/
RFP No. 21-0051, Odor Control Services, Page 1 of 37
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B.23,84th Leg„Regular Session, OFFICEUSEONLY
This[1uvroionnaire i5 being filed in accordanoo with Chapler 176,Local Government Code,by a.vendor who Date flec—ed
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a 1),Local Governnaanf Code.
A vendor commits an offense it the vendor knowingly violates Section 176.006,Local Government Code.An
offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
NRPGroup, Inc
El z
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate,)
3 Name of local government officer about whom the Information is being disclosed.
NQPP
Name of Officer
4j Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income..
other than investment income,from the vendor?
Yes a No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
0 Yes ® No
51 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
None
6
Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
a�descr in Section 176.003(a)(2)(B).excluding gifts described in Section 176.003(a-1).
7 /
/�e�197—�9
' ignatu e o ndv business with t gavornmontal entity �� a��
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised I1130r2015
RFP No. 21-0051, Odor Control Services, Page 11 of 37
Exceptions to the RFP
There are no exceptions in this RFP by NRPGroup, Inc
Signed by;
Gary R. Morgan
eside f NRPGroup, Inc.
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Project Approach
NRPGroup, Inc.
NRPGroup is a company that manufactures a biocatalyst liquid product that enhances the
metabolic rate of micro-organisms which creates the ability for the bacteria to consume odors
gasses, This product operates under a small footprint giving it the capability to locate its
products in confined space such as manholes and lift stations, which chemical companies have
not had that luxury.
NRPGroup also manufactures all its own dispensing equipment, containers, and gas monitoring
equipment. This gives the company the ability not to rely on outside suppliers for products or
servicing equipment.
NRPGroup has been manufacturing and selling its products since 1998 and has established a
marketplace throughout the USA and foreign markets.
NRPGroup has been a contractor for the City of Fort Worth for the past six years and has
proven its ability to manufacture and service its product in a successful manner since 2014.
Municipalities Currently Using NRP Products for Odor and Corrosion Control.
#1
Fort Worth, Texas
Odor and Corrosion Control
8 MGD flow
Purchasing from NRP since 2014
Contact Person: Bill Lundvall
Tele: 817-392-8233
#2
Rockland County, NY
Odor and Corrosion Control
87 MGD flow
Purchasing from NRP since 2003
Contact Person: Josh Thomas
Tele: 845-365-6495
#3
Charlotte, NC
FOG and Odor Control
80 MGD flow
Purchasing from NRP since 2005
Contact Person: Mike Wirth
Tele: 704-995-7487
9131 t 37th (St No. • Wichita K 67226 v phone 316303.0505 • Fax 316.303.0515
-A
Fort Worth Report
Dated 10
/2/17
Lines Treated M 253 and M 292
This report is for both lines M253 and M292 combining report dated 9/7/17 and current date of
10/2/17.
The averages in September were higher than August. Temperatures and abnormalities that
happens from time to time could be some of the increase. In August the lines were serviced
and readings were taken on 3 Fridays and 1 Sunday. In September the lines were serviced and
readings were taken on 2 Mondays, 1 Sunday and 1 Saturday. It is evident that the weekends
are normally the highest levels of 1-12S throughout the week.
On line M292 1-12S levels remain low until the Car Wash on Long and Beach. We are finding that
at the end of the week through the weekend it is very inconsistent. Because of the inconsistent
levels at the car wash which has a direct effect on the 1-12S levels in the manhole across from the
school, that manhole fluctuates as well. After my discussions with Bill Lundvall it is of
agreement that NRP needs to add a unit in manhole# 17656 which is just off of Meacham
flowing from a bottling company into line M292. NRP is installing this week 10/2/17 a
dispensing unit and will monitor to see if there is any impact on the levels of H2S at the Car
Wash.
On line M253 1-12S levels remain very low until the line reaches Randol Mill Rd and as discussed
previously the change starts with the two 90 degree bends in the line until it flows into Randol
Mill Road. In the past six months the 1-12S levels in the first manhole on Randol Mill Road has
been lowering and now stays 50% (average of 19.5 PPM) less than when NRP started treating
M253 last year. There is one more manhole on Randol Mill Road that NRP could place a
dispensing unit in an attempt to lower the levels further down stream.
Overall improvements that are noticeable in both M292 and M253 is the reduction in sulfur
buildup in the manholes. All manholes being serviced have little to no buildup of sulfur,
however, the manhole lid's do show corrosion. NRP can't evaluate how much of the corrosion
was from previous damages prior to NRP servicing the two lines or not.
All Green Environmental Products for Waste Water Indwstrie's
www.nfp-inc.com
Below are the weekly readings from both Lines M292 and M253 for the past two months.
Location Date/1-12S Date/1-12S Date/1-12S Date/1-12S
9/10/17 9/18/17 9/25/17 9/30/17
M292 Average
Polaris/Sylvania 0.0 6.0 0.0 0.0 1.5
Sylvania 0.0 3.0 0.0 6.0 2.25
Field 22 11 5.0 15 13.25
Car Wash 51 38 22 32 35.8
Ball Field Pk Lot 12 0.0 0.0 3.0 3.8
Ball Field 10 6.0 0.0 0.0 4.0
School 48 32 25 28 33.25
September Gross Average for line M292 13.4 PPM
M253
Park 3.0 4.0 3.0 12 5.5
Park#2 0.0 8.0 25 11 11
Golden Eye 0.0 0.0 09 0.0 2.25
Randol Rd. #1 38 48 52 27 41.25
Randol Rd. #2 0.0 48 49 48 36.25
Precinct/Randol Rd 12 46 86 82 56.5
8350 Randol Rd 64 41 78 56 68.25
Lowery Rd 0.0 0.0 0.0 0.0 0.0
Clay Court Rd. 60 42 82 29 53.25
September Gross Average for line M253 39.47 PPM
This Document was prepared by Gary R. Morgan of NRPGroup, Inc.
For any questions reference the above material contact info is below.
gmorgan@nrpgroupinc.com or 316-303-0505 Off. 316-308-0828 Cell
All Green Environmental Products for Waste Water Industries
F I I I I
II I I�
Exhibit 'T'
Proposal for
Lines M388, M-288 and Feeder lines
For Hydrogen Sulfide Control in the Lakes of River Trails West.
Proposal #1 Fort Worth, TX
Treating M-388, M-280 and Feeder lines
For Hydrogen Sulfide Control in the area
Lakes of River Trails West.
March 25, 2021
This proposal is to treat two main lines M-388 and M-288 that has a combined average flow of
90.7 MGD (million gallons per day flow). And treating the feeder lines and internal lines of
"LRTW".
NRP would use their product NRP10-1000 which is an environmentally safe product designed to
control hydrogen sulfide and to reduce corrosion in the sewer lines. To treat these high flow
lines, it would require approximately 90 gallons of product per day. And additional product
would be required for the feeder lines. Product needed for the feeder lines would be 4 gallons
per day. To achieve the best performance, NRP would place specialized equipment in three
separate location on the main lines, treating both lines in all three locations. With an additional
nine (9) locations in "LRTW" and feeder line. This product requires no chemical retainment's
and if spilled will not affect humans, plants, soil or animals should there be contact. MSDS is
attached. Maps are attached of the Main lines of the proposed locations shown by yellow
arrows and two maps of the LRTW and feeder line with proposed locations shown by red
arrows.
Pricing for the project will be based on a turnkey monthly cost that includes product,
servicing and equipment.
Cost per Month Thirty Thousand eight hundred eighty-four ($30,884.00) dollars
Comparison:
Dallas, TX is currently spending$1,100,000 for Ferrous products to treat for hydrogen sulfide
control in their trunk lines with a total flow of 90 MGD and Yonkers, NY. using NRP products
spends $320,000 per year treating 42MGD for hydrogen sulfide/ammonia, compared to NRP's
offer to Fort Worth, TX of$536,725 per year for 90.7 MGD.
Benefits using NRP10-1000:
Reduces Hydrogen Sulfide, Reduces Corrosion in lines, reduces NH3 and reduction of
TVSS at WWTP.
(see attached 6-year study by Tulane University, Dr. Robert Reimers and the City of New
Orleans on savings sewer line corrosion using NRP products). New Orleans using NRP products
effectively have a savings of$1,390,000 per year.
Cities that NRP has treated with comparable diameter lines.
Hollywood, FL 96" line with 40 MGD flow (Treatment for Odor/FOG control)
Oxford, AZ 90" line with 20 MGD flow (Treatment for Odor control)
Dallas, TX 60" lines total 90 MGD flow (Treatment for Hydrogen Sulfide)
Quoted by
NRPGroup, Inc.
r'
M
Gary R. MaYgain
President
gmorgan@nrpgroupinc.com
Tele: 316-303-0505
Cell: 316-308-0828
Fax: 316-303-0515
All Green Environmental Products for Waste Water Industries
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IT
Proposal #2 Fort Worth, TX.
Treating Feeder Lines from Two Residential Areas
Which Includes Lake of River Trails West To Line M28O
March 25, 2021
This proposal is to treat sewer lines that flow throughout the Lake of River Trails West "LRTW"
and a feeder line that starts in a residential area above and across the street from "LRTW" at
manhole # 12951.
NRP would use their product NRP10-1000 which is an environmentally safe product designed to
control hydrogen sulfide and to help control corrosion in the sewer lines. To treat the feeder
line and the sewer lines that run through the area of"LRTW", NRP would place five (5)
dispensers/3 % gallon containers throughout the feeder line to the M-280 line. In the area of
"LRTW" NRP would place a minimum of four (4) dispensers/3 % gallon containers which would
not only improve the levels of hydrogen sulfide in the area but would improve the reduction of
fats, oils and grease "FOG". The exact locations will be determined at time of install. NRP
products are environmentally safe and requires no special equipment or precautions while
handling or when exposed to animals or humans.
Attached to this proposal are two area maps with tentative locations marked with red arrows
where product would be dispensed.
Pricing for the project will be turnkey monthly cost that includes product, servicing and
equipment.
Cost per Month No Charge if the City accepts proposal #1
Quoted by
NRPGroup, Inc.
Gary R. Morgan
President
gmorgan@nrpgroupinc.com
Tele: 316-303-0505
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Exhibit "2"
MSDS
For
NRP10-1000
MSDS
For
NRPIO- 1000
Mweaterial Safety Data Sheet
This MSDS is prepared in accordance with OSHA 29 CFR 1910.1200
Section 1: Chemical Product and Company Identification Validation Date: 03/13/2017
Product Name: NRP10-1000 In Case of Emergency: (316) 303-0505
Company: NRPGroup, Inc. Protective Clothing: Not Required
9131 E 37th Street N
Wichita, KS 67226
(316) 303-0505
TSCA All components listed or exempt
DSL/NDSL: All components listed unless noted elsewhere on this MSDS
Section 2: Hazards Identification
Potential Acute Health Effects: Non hazardous in case of skin contact, of eye contact( irritant), of
ingestion, non-corrosive for skin.
Potential Chronic Health Effects: Existing eye, skin and upper respiratory inflammation maybe
aggravated by long term exposure.
Carcinogenic Effects: Contains no carcinogens as determined by the standard
Section 3: Composition and information on Ingredients
Name Cas# % by Weight Exposure Limits
Non Chemical Not Applicable Not Applicable Not Available
Product contains no unlisted petroleum distillates, bleach products nor chlorinated hydrocarbons.The
exact composition of this formula is a trade secret.
Section 4: First Aid Measures
Eye Contact—Flush eyes with water as a precaution. Remove contact lenses. Seek medical attention
if irritation develops or persists.
Skin contact—Rinse with water as a precaution. Lotion may be needed to moisten dry skin.
Inhalation —If discomfort occurs move to fresh air. Seek medical attention if discomfort persists.
Ingestion—If feeling ill, have conscious person drink ample amounts of water. NEVER give an
unconscious person anything to ingest.
Section 5: Eire Fighting Measures
Extinguishing Media—water,foam, dry chemical powder
Degree of fire hazard—None
Special Remarks—None
Section 6:Accidental Release Measures
Small Spill—Absorb with an inert material and dispose in accordance with local or state regulations.
Large Spill—Prevent entry into confined space and basements. Dike if needed. Absorb with DRY
earth, sand or other inert material. Dispose in accordance with local or state regulations. Wash down
with hose into drain is acceptable.
Other Information—There are no special reporting requirements for spills of this material.
Section 7: Handling and Storage
Precautions—keep out of reach of children. Avoid contact with eyes. Wear suitable protec-tive
clothing. If ingested drink water to remove taste.
Section 8: Exposure Controls/Persional Protection
Engineering Control—Good ventilation should be sufficient to control airborne levels.
Persional Protection -
Eyes—Safety glasses
Body—No special recommendations
Respiratory—No respirator
Hands—Gloves for sensitive skin.
Section 9: Physical and Chemical Properties
Physical State and Appearance—Dark Brown Liquid
Boiling Point—100C/212F
pH-7.0-7.5
Vapor Density—Air= 1.1
Vapor Pressure—Water=1, 0.95
Flash Point—Closed cup 1:10—135F. Open cup 1:10—no flash to boiling
Solubility—Miscible in all proportions.
Specific Gravity—1.01
Evaporation Weight—Water 1, <1
Percentage Volatiles—<10%
Section 10:Stability and Reactive Data
Stability—This product is stable
Incompatibility—Not available
Corrosivity—Not considered to be corrosive
Polymerization—Will not occur
Section 11:Toxicolo ical Information
Toxicological data is not available for this product. No known adverse effect on human health.
Section 12: Ecological Information
Ecotoxity—Not available
Products of Biodegradation—Not available
BODS and COD—Not available
Section 13: Disposal Consideration
Waste Information—Waste must be disposed of in accordance with federal,sate and local
environmental control regulations.
Section 14: Transportation
DOT—Not DOT regulated for domestic ground shipments
Regulated for Air and Ocean Freight—Not Regulated
Section 15: Other Regulatory Information
WHIMIS—Not a WHIMIS controlled material
Regulatory Lists—None found
Other Regulations—None found
Other Classifications—None known
Section 16: Other Information
Notice to readers: To the best of our knowledge the information contained herein is accurate,
however neither the above named supplier nor any of its subsidiaries assumes any liability whatsoever
for the accuracy or completeness of the information contained herein. Final determination of
sustainability of any material is the sole responsibility of the user. All materials may present unknown
hazards and should be used with caution. Although certain hazards are described herein, we cannot
guarantee that these are the only hazards that exist.
EXHIBIT B
PAYMENT SCHEDULE
*Behind this page*
Vendor Services Agreement Page 12 of 12
Exhibit "3"
Pricing for this RFP
By NRPGroup, Inc.
RFP21-0051
EXHIBIT B
COST SCHEDULE SUMMARY
Bidders shall submit pricing on items A-K. If they are not able to provide the item,then"no bid"
shall be stated on the"total' line.
If the bidder is proposing a different chemical, then item L shall be used to provide the cost.
All pricing shall be submitted in a separate seal envelope labeled"Pricing"with your proposal.
ODOR CONTROL COSTSHEET-Bidder shall provide all labor,material,supplies and equipment to perform the following:
Biocatal st Liquid-A natural organic solution that stimulates endogenous bacterial biological activity within a sewer system to prevent
A. r reduce the formation of fats,oils and greases,H23,ammonia.
i
Description Unit of f
Estimate .'Measure L Total Annual
Quanti rested Um� t Cost Cost
I
Biocatal st solution(neat). Turnkey cost per MG treated,where MG is based on the
annual average of the daily flow in aline,expressed as MGD. Tumkeyservices
include application of product at multiple locations,1-12S monitoring,reporting, 1,460 MG $3 5 ra 1 ,10 0
administration,field investigations,etc. Estimate quantity is based on treating 4 MGD
or 365 days.
M00280 Turn Key NRP10-1000 based on
29MGD Proposal attached to this RFP 10,585 MG ! $15 $158,775
i
I
i
M00338 Turn Key NRP10-1000 based on
70MGD Proposal attached to this RFP � 25,550 MG $15 378,000
Additional proposal for feeder lines
from residental for LRTW, will be at $ -
no charge should the city issue the
above two lines to NRP N/C
Total $ -
RFP No. 21-0051, Odor Control Services, Page 26 of 37
M&C Review
Official
CITY COUNCIL AGENDA FORT '4'ORfll
DATE: 9/14/2021 REFERENCE**M&C 21- LOG 13P21-0051 CHEMICAL ODOR
NO.: 0660 NAME: CONTROL SERVICES CC WATER
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of Agreements for Chemical Odor Control Services with
Pencco, Inc., NRP Group, Inc., and US Peroxide LLC, in a Combined Annual Amount
Up to $4,491,078.00 for the Water Department and Authorize Five One-Year Renewal
Options for the Same Amount
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement for chemical odor
control services with Pencco, Inc., NRP Group, Inc., and US Peroxide LLC, in a combined annual
amount up to $4,491,078.00 for the Water Department and authorize five one-year renewal
options for the same amount.
DISCUSSION:
The Water Department approached the Purchasing Division to procure agreements for chemical
odor control services. The services are needed to control the odor and reduce or eliminate the
corrosion concerns within the wastewater collection system. In order to procure these services, staff
issued request for proposals (RFP) No. 21-0051. The RFP consisted of detailed specifications
regarding the type of chemicals, delivery and reporting. The RFP was advertised in the Fort Worth
Star-Telegram on March 3, 2021, March 10, 2021 , March 17, 2021 and March 24, 2021. The City
received six proposals.
Proposals were evaluated on Best Value criteria including the price, qualifications, methodology,
and past performance. Staff from the Water and Transportation Public Works Department evaluated
the proposals submitted and recommend awarding Pencco, Inc., NRP Group, Inc., and US Peroxide
LLC dba USP Technologies with five one-year options to renew. No guarantee was made that a
specific amount of these services will be purchased. Funds will be distibuted as follows based on
the chemical being provided:
Vendor Chemical Award Amount
NRP Group Biocatalyst Liquid $210,253.00
Pencco Liquid Ferric Chloride 35-42\% $494,500.00
Liquid Ferric Chloride 35-42\%
Pencco (plant) $494,500.00
Pencco Liquid Ferric Chloride (alternative) $494,500.00
Pencco Liquid Ferric Sulfate 60\% $505,450.00
Pencco Liquid Ferric Sulfate 60\% (plant) $505,450.00
Pencco Liquid Ferric Sulfate (alternative) $505,450.00
US
Peroxide Hydrogen Peroxide 50\% $119,475.00
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29208&councildate=9/14/2021[10/11/2021 3:06:25 PM]
M&C Review
Pencco Liquid Ferrous Chloride 18-32\% $500,000.00
US
Peroxide Optical $661,500.00
OFFICE OF BUSINESS DIVERSITY (OBD): A waiver of the goal for M/WBE subcontracting
requirements was requested by the Purchasing Division and approved by the OBD, in accordance
with the BDE Ordinance, because the purchase of goods or services is from sources where
subcontracting or supplier opportunities are negligible.
ADMNISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and
expire one year from that date.
RENEWAL TERMS: This agreement may be renewed for five (5) additional one-year renewal
periods. This action does not require specific City Council approval provided that the City Council
has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
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 Account Project Program Activity Budget Reference# Amount
ID ID Year i (Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Dana Burghdoff (8018)
Originating Department Head: Reginald Zeno (8517)
Chris Harder (5020)
Additional Information Contact: Cynthia Garcia (8525)
Cristina Camarillo (8355)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29208&councildate=9/14/2021[10/11/2021 3:06:25 PM]