HomeMy WebLinkAboutContract 51038 CITY SECRETARY
CONTRACT NO.��_
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL 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 Jesus J. Chapa, its duly authorized Assistant City Manager, and HACH
COMPANY, ("Vendor"), a Delaware corporation authorized to do business in Texas, acting by and
through Ian Morrison, its duly authorized Service Manager, each individually referred to as a "party"
and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Professional Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule;and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,
B or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of
this Agreement shall control.
1. SCOPE OF SERVICES.
Vendor hereby agrees to provide flow monitoring products and renewable annual flow
monitoring field services in the City of Fort Worth's wastewater collection system for Field Operations,
Water Engineering and the plant operators at the Village Creek Wastewater Treatment Plant. Attached
hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Statement of Work,
more specifically describing the services to be provided hereunder.
2. TERM.
This Agreement shall begin on date the City's duly authorized signatory executes this Agreement
("Effective Date") and shall expire two years thereafter ("Expiration Date") unless terminated earlier in
accordance with this Agreement ("Initial Term"). City shall have the option, in its sole discretion, to
renew this Agreement for additional meter purchasing, monitoring and maintenance services under the
same general terms and conditions, for up to three (3) one-year renewal periods, for a price to be
negotiated at the time of each renewal pursuant to the Price Schedule as defined herein.
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit `B," —
Price Schedule. Total payment made under this Agreement for the Initial Term by City shall be in the
amount of Three Hundred Twenty Six Thousand Dollars($326,000.00). Vendor 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 Vendor not specified by this Agreement unless City first approves such expenses
in writing.
OFFICIAL RECORD
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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 shall 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 shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall 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 shall provide City with copies of all 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 shall 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 shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor shall notify City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event, Vendor
shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall, until the expiration of three(3)years after final payment under this
contract, or the final conclusion of any audit commenced during the said three years, have access to and
the right to examine at reasonable times for compliance by Vendor with the terms of this contract, 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 shall have access during normal working hours to all necessary Vendor facilities and shall
be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section.City shall give Vendor reasonable advance notice of intended audits.
Professional Services Agreement
Hach Company,Page 2 of 21
Vendor further agrees to undertake reasonable efforts to include in all its subcontractor agreements
hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of
three (3) years after the final payment of the subcontract, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers and records of such subcontractor
involving transactions related to the subcontract, and further the City shall have access during normal
working hours to all subcontract facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor
reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall 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 shall 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, consultants and
subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no
way be considered a co-employer or a joint employer of Vendor or any officers, agents, servants,
employees or subcontractors of Vendor. Neither Vendor,nor any officers, agents,servants, employees or
subcontractors of Vendor shall be entitled to any employment benefits from City. Vendor shall be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
officers,agents,servants,employees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - VENDOR 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 VENDOR'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 VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
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 SHALL
Professional Services Agreement
Hach Company,Page 3 of 21
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 SHALL HAVE THE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM
OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND
TO SETTLE OR COMPROMISE ANY SUCH CLAIM; HOWEVER, CITY SHALL HAVE THE
RIGHT TO FULLY PARTICIPATE IN ANY AND ALL SUCH SETTLEMENT,
NEGOTIATIONS, OR LAWSUIT AS NECESSARY TO PROTECT 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 SHALL HAVE THE SOLE
RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL
NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR
COMPROMISE ANY SUCH CLAIM; HOWEVER, VENDOR SHALL 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 SHALL 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 RESTRICTED,VENDOR SHALL,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.
8.4 Notwithstanding the foregoing, Vendor's liability hereunder shall not extend to any
incidental,consequential,special or punitive damage(including however not limited to lost profits).
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assi ng ment. Vendor shall 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 shall 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 and
Assignee shall be jointly 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, sub Vendor shall execute a written
agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by
Professional Services Agreement
Hach Company,Page 4 of 21
the duties and obligations of Vendor under this Agreement as such duties and obligations may apply.
Vendor shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Vendor shall 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 work 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 shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall 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 work is being performed
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):
$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 shall 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 shall be submitted to City to
evidence coverage.
Professional Services Agreement
Hach Company,Page 5 of 21
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name
City as an additional insured thereon, as its interests may appear. The term City
shall include its employees,officers,officials, agents, and volunteers in respect to
the contracted services.
(b) Applicable policies shall each include a Waiver of Subrogation (Right of
Recovery) in favor of City.
(c) Intentionally Deleted.
(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 shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall 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 shall comply with all
applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules
or regulations, Vendor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder, it shall not discriminate in the treatment or employment of any individual or group of
individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES,ASSIGNS, SUBVENDORSS 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 shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by 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:
Professional Services Agreement
Hach Company,Page 6 of 21
To CITY: To VENDOR:
City of Fort Worth Hach Company
Attn:Jesus J.Chapa,Assistant City Manager Ian Morrison, Service Manager
200 Texas Street 5600 Lindbergh Drive
Fort Worth, TX 76102-6314 Loveland,CO 80538
Facsimile:(817)392-8654
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
Vendor,any person who is or has been employed by the other during the term of this Agreement,without
the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not
apply to an employee of either party who 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 shall 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 shall be construed in accordance with the laws of the State of Texas. If any
action,whether real or asserted, at law or in equity, is brought pursuant to this Agreement,venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas,Fort Worth Division.
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 shall not in any way be affected or impaired.
Professional Services Agreement
Hach Company,Page 7 of 21
19. FORCE MAJEURE.
City and Vendor shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
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 shall not be employed in the interpretation of this Agreement or Exhibits A, B,
and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment, modification,or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, 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.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a professional 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 shall
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.
Professional Services Agreement
Hach Company, Page 8 of 21
26. IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify
the identity and employment eligibility of all employees who perform work under this Agreement.
Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all
supporting employment eligibility and identity documentation for all employees, and upon request,
provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that
no services will be performed by any employee who is not legally eligible to perform such services.
Vendor shall provide City with a certification letter that it has complied with the verification requirements
required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to
violations of this provision. City shall have the right to immediately terminate this Agreement for
violations of this provision by Vendor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception,creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
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.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted by
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 whose name, title and
signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit
"C". Each party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP.
Vendor shall 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.
Professional Services Agreement
Hach Company,Page 9 of 21
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL.
Vendor acknowledges that in accordance with Chapter 2270 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" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, 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 contract.
IN WITNESS WHEREOF, the parties hereto each affixed their respective signatures to this
Agreement in multiples as provided below.
ACCEPTED AND AGREED:
CITY OF FORT W TH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of this
By: contract,including ensuring all performance and
Name: Jesus Chapa reporting requirements.
Title: Assistant City Manager r
Date: By: CIA—
Name:
Christopher Harder
APPROVAL RECOMMENDED: Title: Interim Director, Water Department
APPROVED AS TO FORM AND LEGALITY:
By: 1.
Name: Christopher Harder
Title:Interim Director,Water Department By:
Name: Douglas W Black
ATTEST: Title: Sr.Assistant City Attorney
of F RTt45:
TRACT AUTHORIZATION:
By: C.
Name: OaV. K y G V 118
Title: City Secretary
20
VENDOR: XAS
HACH COMPANY ATTEST:
By: r.
Name: M
Ia orrison By:
Title: Service Manager Name: ()L((/Fk L/AD0504
Date:
Title: e_mECT �eC-4fA1J(Tj }44Gµ
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Professional Services Agreement OFFICIAL RECORD
Hach Company,Page 10 of 21
CITY SECRETARY
FT.WORTH,TX
EXHIBIT A
SCOPE OF SERVICES
30.1 The City seeks proposals from qualified vendors) to provide flow monitoring products and
renewable annual flow monitoring field services in the City of Fort Worth's wastewater
collection system for Field Operations,Water Engineering and the plant operators at the Village
Creek Wastewater Treatment Plant.Flow monitoring related products shall include:twenty(20)
flow meters (FM), including both contact and non-contact types of flow meters and
recommended velocity, pressure and depth sensor probes with stainless steel bands, as needed
and 30-ft communication cabling(min.); batteries; and mounting hardware associated with the
specific type of meter and its proper installation in sanitary sewer system pipes and manholes.
• The initial vendor services agreement will be for two (2) years for annual meter site
installation(s); annual flow monitoring maintenance services; and annual flow data
management and analysis services are required contractual services. Any required
special warranties and all standard product warranties of all equipment utilized on the
flow monitoring project shall be provided to the City under this contract.
• Telog RU-33 telemetry equipment is not anticipated to be utilized on this project;
however,the proposed flow meter equipment being included in submitted bids proposal
shall be 100% compatible with Telog RU-33 telemetry devices and associated cellular
service equipment in addition to the vendor supplied telemetry. This new flow
monitoring equipment shall be delivered to the City completely configured to receive
the Telog telemetry and ready to be installed. The qualified vendor shall provide the
City access to their data hosting website(web module)for viewing and data downloads
for the project. Site access would be granted for a period of 1 year beyond the contract
term.
• Three (3) proposed metering units intended to be installed as permanent meter sites
shall require both cellular compatibility, and broadcast/provide a 4-20mA
communication signal to be used by the Village Creek Wastewater Treatment Plant's
(VCWWTP). Phoenix Radio System RTU devices may be ultimately installed at these
permanent sites by VCWWTP staff during the initial contracting period. The vendor(s)
shall verify their equipment's compatibility with the Phoenix Contact RAD-900-IFS
radio line units and any supplemental communication requirements provided.This radio
RTU unit is currently being utilized with the VCWWTP's Distributed Control System
(DCS). This specialized telemetry is not included in this scope of work. All DCS
compatible telemetry shall be installed and serviced through another third party
contractor(to be identified at a later date)under a separate City contract.
• The City reserves the right to adjust bid quantities and to award portions of this RFP to
multiple vendors,but the minimum number of meters purchased from any single vendor
will be ten(10)meters and the associated meter services for each meter as described in
this RFP.
30.2 The successful vendor(s) shall provide all necessary materials and supplies on an as-needed
basis,as requested by the City of Fort Worth.
30.3 Unit prices shall include all associated costs to completely turnkey the provision of specified
equipment,its installation and servicing as specified for the annual contract terms. This contract
shall include all miscellaneous service, product delivery, fuel and handling charges. No
additional charges will be accepted or paid by the City of Fort Worth.
30.4 Unit prices for supplies and equipment/service fee shall include all supplies and equipment,
maintenance,labor,monitoring,program management,and all other services required to
maintain the flow monitoring program as specified herein and throughout duration of the original
Professional Services Agreement
Hach Company,Page 11 of 21
contract period.Vendor(s)shall include all related transportation/shipping costs and quantity
restrictions in their proposals.
30.5 Following the award,additional services of the same general category that could have been
encompassed in the award of this Contract,and that are not already in the Contract,may be
added.
30.6 Scope of Work shall be delivered as a full service project conducted annually over an initial two
year period,with up to three annular extensions.
30.7 The City reserves the right to modify metering periods based upon the performance of the
metering vendor(s)or the need for flow monitoring during wet-weather or dry-weather periods.
30.8 The metering vendor(s) shall provide service to all equipment utilized during the annual
Contract, including installation, calibration, safety training, maintenance, removal and re-
certification,reinstallation and maintenance for up to twenty(20)meters deployed each time for
a maximum of two(2)sets of deployments per annual contract.
30.9 The metering vendor(s) shall respond to and repair any equipment failures at each supply
application site within 48 hours.
30.10 The metering vendor(s) shall identify/select a Service Manager to run field operations and
provide day-to-day City communication.
30.11 The metering vendor(s) shall identify/select a Data Analyst to run basic data management
services for the new City flow monitors.
30.12 Preparing,updating,and maintaining a project management schedule.
30.12.1 At time of proposal submittal,the vendor(s)shall provide a preliminary project
management schedule for all initial meter deployments. If required,the Vendor
shall coordinate with any third party telemetry provider.
30.12.2 After award and at project kick-off meeting, the selected metering vendor(s)
shall provide a final project management schedule to the City.
30.13 Preparing and submitting monthly progress report and invoices.
30.14 Invoicing periods in which active meters days(meters installed in pipe)are less than 30 days the
monthly meter site fees(Maintenance/Scheduled Calibrations and Data Management tasks)shall
be billed at a prorated amount based upon the percentage of active meter days during that period
(month).Uptime shall also be considered in monthly invoicing as described in 30.18.
30.15 The metering vendor(s)shall provide the Log Reports as requested by the City and as part of the
vendor(s)scheduled deliverables which at a minimum shall show:
30.15.1 Meter status
30.15.2 Battery strength
30.15.3 Maintenance requests
30.15.4 Service completion and Calibration reports
30.16 The metering vendor(s)shall prepare, submit, and maintain a monitoring location database with
site sheets and GIS Map Exhibits for each monitor deployed. This includes any monitors
installed or relocated during this contract.
30.17 The metering vendor(s) shall schedule and conduct Progress Meetings as directed by the City
(including kick-off meetings per each deployment of temporary meters)as needed to review:
30.17.1 Monitor Uptime
30.17.2 Service Crew response time to identified monitor issues
30.17.3 Spare Parts availability and/or Concerns
30.17.4 Accuracy and reliability of flow data (confirm that calibration data has been
properly used to adjust the captured flow data for accuracy)
30.18 The metering vendor(s)shall be responsible for maintaining the City's the wastewater collection
system network of monitors purchased under this agreement. The metering vendor(s) shall
provide the City with an operation and maintenance plan specifically for the City's monitoring
network.Mandatory maintenance program/procedures shall be administered in such a manner to
ensure a minimum uptime of 90%of quality data for each meter and sensor by:
30.18.1 Performing corrective and preventative maintenance of all meters and sensors
in accordance with the manufacturers design specifications or through best
practices developed by the Manufacturer and/or metering vendor(s) through
Professional Services Agreement
Hach Company,Page 12 of 21
experience with the manufacturer's equipment, and support of the Data
Analyst.
30.18.2 Cleaning, repairing, and replacing malfunctioning meter data canisters,
electronics, and sensors including telemetry equipment maintained (supplied)
by the Vendor.
30.18.3 Visiting monitors to address communication issues related to the metering
equipment and data anomalies. Monitors missing two scheduled collects in
sequence shall be visited within 48 hours for servicing and data collection.
30.18.4 If applicable during a contract period, any observed problems related to the
function and performance of any City supplied telemetry devices shall be
reported to the City and their identified third party vendor.
30.18.5 On a quarterly basis,the vendor(s)shall provide a status report that includes an
inventory of parts, batteries,backup monitors,and equipment for performance
of this contract.
30.18.6 Replacing batteries before power failure. A 50% power remaining reading
shall trigger a maintenance visit to be scheduled in order to replace the battery
before power failure occurs.
30.18.7 If applicable during a contract period, coordinating third party telemetric
service issues with the telemetry service provider and performing repairs
between the service provider's termination point and the flow monitors.
30.18.8 Whenever sewer flows and/or sewer gases are too high for safe and proper
flow monitor servicing work, the metering vendor(s) shall service the flow
monitors during low flow periods. If gas levels are still too high during the off
peak servicing time,Self-Contained Breathing Apparatus(SCBA)gear shall be
used in high gas structures at no additional cost to the City.
30.18.9 Checking band tightness, cable tie-ups, canister mounting, and overall
inspection during monitor calibrations.
30.18.10 All surcharges shall be reported. Active surcharges shall be reported to City's
24 hour dispatch office,then the Project Manager.
30.18.11 If an individual monitor fails to meet the 90% data uptime, the City shall
receive a downtime credit from the metering vendor(s) at an amount equal to
the daily metering cost as determined from the monthly meter servicing fee per
each day with bad or missing data exceeding the allowable 10% downtime on
all deployed flow monitoring units.
30.18.12 City personnel has the right to observe any field visits with the vendor(s)
during the duration of this project.The selected vendor(s)shall coordinate with
the City to observe site visits when requested for periodic observation and
informal training purposes.
30.19 The City may request flow monitors to be installed,relocated,or replaced within the City of Fort
Worth's wastewater collection system service area and if authorized by both parties, within
Wholesale Wastewater Customer City's collection system near the known point of entry
locations and or billing meter stations. Permanent and temporary meters and sensors shall be
installed in accordance with the following:
30.19.1 Flow monitors shall be compatible with the existing network of monitors and
the City's Telog telemetry and cellular communication equipment.
30.19.2 The selected metering vendor(s) shall provide proof that the manufacturer for
all replacement flow monitors uses ISO quality standards or approved equal.
30.19.3 Approved flow meters for this project shall include both contact and non-
contact flow metering units. For contact flow meters, the recommended in
flow AV sensors shall include one pipe-mounted pressure depth sensor and a
Doppler (either array or continuous) velocity sensor. These sensors shall be
contained in a low profile housing unit. "In-flow" AV meter configurations
shall also include a redundant down-looking ultrasonic depth sensor.
Non-contact flow metering units shall include either a radar or laser velocity
sensor with a down-looking ultrasonic depth sensor. If non-contact metering
units are to be utilized for the three(3)permanent flow metering sites(FM-01,
Professional Services Agreement
Hach Company,Page 13 of 21
02, and 03), these specific deployments should also be configured with a
redundant depth sensor using a pressure sensor sewer probe mounted to the
unit.
Detailed metering site sheets for sixteen (16) of the proposed twenty (20)
metering locations are included as Exhibit B with this document. These sites
sheets are not to be considered a complete list of install locations for this
project,but rather initial confirmed metering sites to be included as part of this
contract.
Flow meters shall be able to sample at 5, 10, and 15 minute intervals. The
meter shall be a self-contained battery powered canister with a battery life of at
least three months at 5 minute sampling.Meter shall have sufficient memory to
hold 6 months of data at 5 minute sampling.Meter sampling rate shall be a set
at 10 minutes unless otherwise authorized by the City. Meter shall be able to
scrub and clean erratic collected data based on trending of data stored. The
meter shall automatically detect and mark or repair the data anomalies (also
called"automated editing"or"data scrubbing")that are common to sewer flow
data. Scrub and clean data shall be stored as "Dprocessed" for depth and
"Vprocessed"for velocity without loss of raw data still stored under its sensor
names. Automatically edited data shall not replace or delete any original data.
Edited"Dprocessed"shall use the(redundant)sensor if one fails.The selection
and deployment of surface velocity sensors and in-the-flow ultrasonic sensors
are a case by case basis. Inserted flume units are not accepted alternative for
this project.
30.19.4 Monitor selections shall be approved by the City before purchased or installed.
30.19.5 New site shall be accepted by the City before monitor installation.Posting of a
completed Site Sheet for City viewing or email shall be proof that site was
investigated and rated.
30.19.6 Maintenance services for the monitor shall be performed in accordance with
Clause 30.18,"Maintenance".
30.19.7 Whenever sewer flows and/or sewer gases are too high for safe and proper
flow monitor servicing work, the metering vendor(s) shall service the flow
monitors during low flow periods. If gas levels are still too high during the off
peak servicing time,Self-Contained Breathing Apparatus(SCBA)gear shall be
used in high gas structures at no additional cost to the City.
30.19.8 Calibration for the installed flow monitor shall be performed in accordance
with Clause 30.21, "Calibration". New installs shall require a minimum of 4
calibrations,one at low flow,one at peak flow,one at afternoon flow, and one
designated at the City's choice on the diurnal curve of targeted area of the
wastewater collection system. The Vendor is not expected to collect the 4
stated calibration points for a new meter installation on the same day. These
calibration data points must be collected over the initial 60 metering days
during standard metering deployments under this contract.
30.20 At the City's request, the vendor shall relocate existing flow meters. The relocation of meters
shall be as follows:
30.20.1 The City shall notify in writing or email a request for relocations
30.20.2 All relocated monitors shall be calibrated in accordance with Clause 30.21.
30.21 All meters shall be calibrated at time of installation, as required for data quality, and on a bi-
weekly(First 60 days) and on a quarterly schedule for temporary and permanent meter sites, as
directed in Exhibit C.All meter calibration shall be in accordance with the following:
30.21.1 All Calibrations shall be done with field crew on site and Data Analyst online.
The Vender shall coordinate with the City's staff if requested by City staff to
observe calibrations.
Professional Services Agreement
Hach Company,Page 14 of 21
30.21.2 Throughout the flow monitoring period, calibrations shall be done at various
times of the day, including early morning low flow,daily peaks,and afternoon
times.
30.21.3 Velocity Profiles collected in the field shall utilize a factory certified Portable
Velocity Meter (PVM) and be in accordance with Exhibit C and used to
calibrate the velocity sensor data. The PVM shall include an electromagnetic
velocity sensor and an absolute pressure depth reading with a single point
calibration.The PVM shall provide real-time data with accuracies of+/-2%of
reading. The vendor shall utilize a Hach Model FH950 hand held portable
velocity flow meter configured with a pressure depth sensor, or approved
equal, for more accurate velocity profiling. The vendor(s) shall calibrate the
PVM prior to each service and document the calibration in the calibration log.
30.21.4 For meters,the Data Analyst shall fire selected sensors immediately after field
measurements. First sensors fired shall be depth then velocity. Data Analyst
shall compare field measurements to real-time meter readings to validate
readings are within parameters.
30.21.5 Calibration meter parameters are Depths to be plus or minus 0.25 inches and
Velocities to be plus or minus 0.50 fps. Greater values shall require the meter
data to be further evaluated for adjustment.
30.21.6 Calibration points shall be within the scattergraph data for the time period
since the last calibration. The closer the data point is to the Best Fit Curve is
the preferred goal.Best Fit Curve shall be a natural progression and not forced
through any points.
30.21.7 Monitors out of calibration shall be brought within parameters by next
quarterly calibrations.
30.21.8 Calibration data shall be available on the web. Quarterly data shall be online
for the City to view before invoicing.Calibration data shall be the scattergraph
with the calibration point and best-fit curve and calibration table with date,
time, field measurements, monitor readings, and difference between field and
meter.
30.21.9 Quarterly calibrations that were not completed the current quarter shall be the
first calibrations the next month.
30.21.10 Additional calibrations may be requested by the City.
30.21.11 Calibrations for monitor installation and relocation are not counted for monthly
maintenance invoicing.
30.22 The City may require the vendor to pull or temporarily remove a meter.Pulled monitors shall be
stored at vendor's office according to flow meter's manufacturer's requirements.The same pulled
meter shall be returned to same flow monitoring site. Pulled monitor shall be calibrated in
accordance with Clause 30.21.If monitor is out for more than 15 days,the monthly maintenance
service fee shall be invoiced on a prorated basis.
30.23 Data collection,processing,reporting and storage:
30.23.1 Data Collection and Storage:
a. The City will provide the metering vendor(s) with access to the
following data and capabilities through a web based module with a
unique login provided to the vendor(s):
• Monitor status
• Battery strength
• Meter sensor data with collection data and time
Professional Services Agreement
Hach Company,Page 15 of 21
• Data downloading capabilities (excel and comma-separated
values)
• Real-time access to collected data
b. Whenever telemetric access has failed, the flow meter vendor shall
schedule weekly manual downloads of the monitor's data until access
is restored or as directed by the City.If a site fails to have acceptable
cellular service connectivity regularly due to poor cellular coverage in
the area and not caused by equipment malfunctioning, the City will
coordinate with the metering vendor(s) to set a servicing schedule to
manual data collection(Bid Item 8).
C. All data collected and stored by the flow meter vendor shall be
deemed as property of the City.
30.23.2 Reports(All tasks described as part of this clause,30.23.2,are included as part
of Bid Alternate 1,Data Processing and Analysis)
a. The vendor(s)flow data processing system shall support the following
types of configurable reports:
• User Defined Reports: User Defined Reports shall be a
report generating tool to allow user to customize existing reports or
create new reports from the data.
• The system shall be capable of importing and integrating
data collected from other City projects and historical data
stored in the City's current database (data shall be provided
as a.csv file).
• Profile Reports:Profile Report shall be a monitor's seven day
report from a user specified start date with across the page, seven
columns for each day's data. Profile Report's day column shall be
divided into data columns for Time, Dfinal, Vfinal, Qfinal, and
Rainfall.Profile Report data shall selectable for averaging at none, 15
minute,30 minute,and 1 hour. Profile Report shall end with statistics
for each day. Profile Report statistics shall be day's 24 hour average
flow, rain total, minimum flow and time, and maximum flow and
time. The Profile report shall be able to process one monitor or a
group of monitors.
• Peak Flow Reports: Peak Flow reports shall indicate "15
minute" averaged data in tabular format, the daily peak flows, the
time the peaks occurred,and the total average daily flow in a monthly
format. The Peak Flow report shall include Rainfall data from the
City's existing rain gauge sites and may be supplemented by historic
data from the National Oceanic and Atmospheric Administration
(NOAA)Website.
• Surcharge trend reports: Surcharge trend reports shall
indicate the percentage of time the each site was in a surcharge
condition (depth greater than full pipe) over the last 24 hours,
compared with a user specified time range.
• Annual Reports: The flow meter vendor(s) shall prepare a
comprehensive annual report to the City for their review and approval
as required by a City established reporting schedule. The annual
report shall verify the percent of uptime for each monitor and
summarize the previous year's of network changes. The report shall
also include an updated Flow Diagram Schematic for each metered
Professional Services Agreement
Hach Company,Page 16 of 21
basin and 48x36 inch map of Fort Worth Water Department's
(FW WD)Collection System Network.
b. Reports data
• Reports shall use final data, Dfinal, Vfinal, Qfinal, and
Rainfall for any calculations used in the reports. If final data is not
available then the report shall use the automatically edited data
Dprocessed, Vprocessed, Qprocessed, and alternate gauge rainfall on
the report to minimize possible reporting gaps.
30.23.3 Servicing Reports
To aid in monthly invoicing, the vendor(s) shall provide a report to view
percent uptime by monitor for a specific time interval with date and time of
data stopped,date and time data restart,days of data lost,number of days in the
specific time interval, and percent uptime the in specific time interval. The
vendor(s) shall provide a report by monitor of collection status after each
collect. The vendor(s) shall provide Maintenance Service Logs capturing all
services calls, visits, service details, calibrations, and between-parties-emails.
The vendor(s) shall provide a report to view service calls by monitor for a
specific time interval. The vendor(s)shall provide a report to view a monitor's
maintenance log. The vendor(s) shall provide daily schedules to City when
servicing meters to ensure that the City can know where and which crew will
be visiting sites that day.The vendor(s)shall log any diagnostic events,such as
sensor related events or battery warnings, which are reported by the hardware.
The vendor(s)shall coordinate with the City's metering department during site
visits as required.
30.23.4 The vendor(s)shall use Geographic Information System(GIS)information for
the purpose of providing a quarterly map display of all monitoring locations.
The City shall provide the vendor(s) with appropriate City GIS shapefiles for
use in this project.
a. The map shall show the City's sewer system with labeled site icons
for manholes with meters in them and buildings where gauges are
located. Permanent and temporary meter icons will be circles. Billing
meter icons shall be diamonds. Rain gauge icons will be triangles.
Shapefiles for the exhibits provided in Exhibit B will be provided to
the selected vendor(s).
b. The map shall show major roads and streams.
C. The map shall show aerial images.
d. The map shall indicate collect or current data status. Monitors with
collection failures shall be highlighted in red.
e. The map shall indicate sites that are active,temporary,or pulled.
f. The map shall have the ability to zoom in and out to view additional
details in the supplied GIS information. Map shall zoom to the basin
level showing the basin outline and monitors within the basin. Map
shall zoom to the monitor site.
30.23.5 Project Deliverables
a. Site Sheets(PDF format)for the monitoring site provided within one
(1) week of site investigations, once approved by the City and
installed, within one(1)week of installation. Each site sheet shall be
one page,divided into three sections with the top section detailing the
location, the middle section detailing the site, and the lower section
detailing the profile. The Meter Location section shall have Site
Name, Site Map, Aerial Map, Street Address, Access Route,
Professional Services Agreement
Hach Company,Page 17 of 21
Installation Manhole ID, State Grid GPS coordinates (Latitude,
Longitude, and Elevation), Monitor ID, Monitor Type, and
communication number. The Meter Site section shall have site pipe
height, site pipe width, site pipe material, site hydraulics, site's
upstream Manhole ID, site's downstream Manhole ID, site silt level,
site's assigned rain gauge (data provided by the City), site's manhole
depth, site's manhole material, site's condition, and site's special
requirements. The Profile section shall have both vertical and
horizontal sketches of the site showing the sensor location and
incoming and outgoing pipes.
b. Silt Profiles and Calibration Sheets shall be provided to the City in
PDF format as completed in the field. The project end submittal shall
include all site calibrations.
Items 30.23.5c and 30.23.5d are included as part of Bid Alternative 1,
Data Processing and Analysis.
Processed metering sensor data shall be provided to the City (in .xls
and/or.csv)based upon the below schedule:
• 60 Days after install (provided to the City in excel and/or
comma-separated values format within four (4) weeks of the 60 day
metering mark)
• Quarterly submittals (following quarterly calibrations,
provided to the City in excel and/or comma-separated values format
within four(4)weeks of the quarterly calibrations)
C. The vendor(s) shall identity with project data deliverables any
derived/empirical data utilized (Manning's derived flow values). If
the manning's flow is utilized the vendor(s)shall provide .xIs and/or
.csv files with Qmannings and Qcontinuity flow data as well as PDFs
with a graphic comparison.
30.24 Data Analysis service shall be performed for all meter sites.
30.24.1 The Data Analyst shall review data after every collect.
30.24.2 The Data Analyst shall work with field crew during monitor calibration.
30.24.3 The Data Analyst shall notify service manager on issues of monitor
calibrations,data spiking,flow drifts,and data anomalies.
Items 30.24.4—30.24.6 are included as part of Bid Alternative 1,Data Processing and Analysis.
30.24.4 The Data Analyst shall perform all analytical tasks necessary for cleaning
sensor spikes, addressing flow drifts, calculating flow components, hydraulic
trending, mass flow balancing and other data analysis related to calibrating the
flow data.
30.24.5 The Data Analyst shall maintain a copy of both the final and the original data.
30.24.6 Data Analyst's work shall be reviewed by a Certified Professional Engineer in
the State of Texas.
31.0 MINIMUM QUALIFICATIONS AND REQUESTED INFORMATION
Each vendor(s) shall submit with its proposal for Flow Monitoring Services, the information outlined in
Section 32.0 which will be used in evaluating and prequalifying the vendor(s) ability to satisfactorily
perform the services requested.Proposals submitted by vendor(s)not meeting the minimum qualifications
are subject to rejection.
Professional Services Agreement
Hach Company,Page 18 of 21
32.0 ADDITIONAL CONTRACTOR REQUIREMENTS
The following factors shall be considered to be the minimum qualification for vendor(s) submitting
proposals to the City of Fort Worth:
32.1 Vendor(s) shall be responsible for furnishing the necessary personnel, equipment, materials,
supplies, transportation, services and otherwise do all things necessary to provide flow
monitoring services.
32.2 The vendor(s) must have prior experience installing and maintaining at least two hundred fifty
(250)large diameter("large diameter"is defined as greater than 21 inches and up to 96 inches in
diameter) flow monitoring sites during the past 5 years. The vendor(s) must provide summary
table of a large diameter flow metering projects completed during this time and indicated the
number of concurrent meters installed; monitoring period and pipe sizes metered during this
period. Additionally, the vendor(s)shall identify an experienced person as the proposed project
Service Manager. The Service Manager must have at least three(3)years of project experience
directing large diameter flow metering projects. At least two of the referenced projects must
have included managing a minimum of twenty(20)concurrent flow monitors.
32.3 It is expressly understood and agreed that the foregoing RFP is based on the total bid amount for
the service Contract which is inclusive of all work,equipment,and supplies and management for
one year period,as specified in the reference RFP documents.
32.4 Vendor(s)shall provide all equipment maintenance and repair during each authorized 12 month
operating period. All materials required for routine maintenance and repairs are to be provided
by vendor(s)as part of this service contract at no additional cost to the City.
32.5 All precautions shall be taken by the vendor(s)to protect the workers,public and City staff from
any exposure to harmful or hazardous substances.
32.6 In addition to having a minimum of four(4)vendor(s)personnel familiar with the City program
that can be contacted in case of an emergency,vendor(s)shall provide a 24-hour toll free hotline
phone number.
32.7 Vendor(s) shall provide with these bidding documents, technical specifications for all sensors
and metering equipment proposed for use in this project.
32.8 Failure to submit any of the information requested above may be used, at the sole discretion of
The City of Fort Worth in determining whether the vendor(s)Proposal is accepted or rejected.
Professional Services Agreement
Hach Company,Page 19 of 21
EXHIBIT B
PRICE SCHEDULE
TECHNICAL&FUNCTIONAL REQUIREMENTS:Contractor shall provide all labor,material,supplies and
equipment to perform the required tasks
Flow Meterinq Services-Includes flow meters,installation,calibration,servicing,removal,
data management,flow analysis and reporting,plus redeployment in accordance with the
published RFP and issued Addenda.
Item No. Description Unit of Unit Price
Measure
Flow Meter Unit with Submerged AV Sensor(Combo Sensor which includes a $4000.00
1 Pressure Depth Sensor and Doppler Velocity Sensor)and Downlooking Ultrasonic EA
Depth Sensor
Additional Submerged AV Sensors(Combo Sensor which includes a Pressure $800.00
2 Depth Sensor and Doppler Velocity Sensor)with 30-ft Cables—Replacement EA
Parts for Contact Meter Installations
3 Additional Downlooking Ultrasonic Depth Sensors with 30-ft Cables—Replacement EA $500.00
Parts for Contact Meter Installations
Initial Submerged AV Sensor Flow Meter Unit Installations(Includes initial site $900.00
4 calibration,coordination with the third party telemetry service provider as applicable, EA
and a final confirmation inspection within 7 days of installation)
Flow Meter Unit with Non-Contact AV Sensor(includes a Doppler Radar Velocity $11100.00
5 sensor or laser velocity sensor with an ultrasonic depth sensor)and pressure EA
depth sensor
Initial NON-CONTACT Flow Meter Installations(Includes initial site calibration, $900.00
6 coordination with third party telemetry service provider as applicable,and a final EA
confirmation inspection within 7 days of installation)
Meter Site Maintenance,as Required Including Scheduled Calibrations(bi-weekly for $600.00
the first 60 days and then quarterly thereafter)—Monthly Servicing Fee(monthly fee
7 per meter,assumed up to 10 CONTACT or NON-CONTACT(select meter type MO
provided)meters deployed during a 12 month period)
Additional Meter Site Maintenance and Calibration Site Visits for Use as $500.00
Directed/Authorized by the City(related to additional calibration requested beyond
specified in the scope and related to telemetry-related manual collects above and
8 beyond regularly scheduled site calibration and meter maintenance visits),Not for EA
Use for Regular Calibration and Maintenance visits
Flow Meter Removal(Includes final site calibrations,meter cleanup and servicing $100.00
9 and recalibration of meter and probes prior to redeployment) EA
Flow Meter Redeployment Fee(includes meter site investigations,documentation, $900.00
10 and site selections;installation,miscellaneous field supplies associated with new MO
installation,initial site calibration,communications check(s)and a final confirmation
inspection to start the clock on the metering period for that site)
BA#1 Additional Data Management,Analysis and Reporting—Monthly Data Management, MO $175.00
Analysis,and Reporting Fee(monthly fee per meter,up to 20 meters deployed during
a 12 month period)as noted in Section 30.0"Scope of Work".This is an
ADD/DEDUCT item.
Professional Services Agreement—Exhibit B Page 20 of 21
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Hach Company
5600 Lindbergh Drive
Loveland,CO 80538
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority. City is entitled to rely on any current executed Form until it receives a revised Form that has
been properly executed by Vendor.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
PteASe, Su,, 91J LJ W&, ge�d r,Sot,
Professional Services Agreement
Hach Company,Page 21 of 21
HACH 1 5600 Lindbergh Drive PO Box 389 1 Loveland,Colorado 80539 1 P 970.669.3050 1 F 970.6692932 1 hach com
May 21, 2018
Dear Prospective Customer:
By signature below,the following Hach representatives are hereby authorized (during the period of May
21, 2018 through December 31, 2018) to sign all bid documents, representations and certifications and
sales/service contracts submitted by Hach to prospective customers in accordance with Hach's internal
contract procedures and which do not require a Corporate Officer's signature:
Kevin Klau Melissa Voronin Ian Morrison
Lance Reisman Lino Oddi Alyssa Prill
Darin Stell Robert Bollea Adrian Revuelta
Christophe Pattyn Kathleen Dyekman Ray Ruth
Mike Strycker Brett Hellier Roxanna Starika
Kurt Tyler Stephanie Herman Kevin Sweeney
Tom Bolling Jesus Herrera Oliver Wadosch
George Davison HeatherJohnston James Welch
Joe Manning Marty Jost Shawneen Wildman
Daniel Chellew Staci Lamfers Bruce Zimbelman
Mike Rembelski Samantha Lee Christel Valentine
Chris Serafin Heather Looney
We appreciate the opportunity to do business with your organization.
Sincerely,
V
Darin Stell
Hach VP of Global Sales
CocuSign Envelope ID:EB8B84AD-DE88-415F-BCAB-CE2D9AFC572C
HACH COMPANY
ACTION BY UNANIMOUS WRITTEN CONSENT IN LIEU OF
A MEETING OF DIRECTORS
Pursuant to the provisions of Section 141 of the Delaware General Corporation Law and in lieu of
a meeting of directors for such purposes,the undersigned,constituting all of the directors of Hach Company
(the"Company"),do hereby consent to the following actions permitted to be taken by the Board of Directors
without the necessity of any formal meeting being held:
Appointment of Officers
WHEREAS,the Board of Directors desires to elect officers of the Company to serve until the earliest of the
next annual meeting (or action by written consent in lieu of an annual meeting)of the Board of Directors of
the Company, until their respective successors are elected and qualified or until their resignation, removal
or death.
NOW THEREFORE, BE IT RESOLVED, that the following individuals are hereby elected to serve as
officers of the Company, to serve until the earliest of the next annual meeting (or action by written consent
in lieu of an annual meeting) of the Board of Directors of the Company, until their respective successors
are elected and qualified or until their resignation, removal or death:
Thomas Bolling Vice President
Brett A. Cornell Vice President
Dominikus Hamann Vice President
Kevin A. Klau President
Robert S. Lutz Vice President
Frank T. McFaden Vice President and Treasurer
James F. O'Reilly Vice President and Secretary
Christophe Pattyn Vice President-Chief Financial Officer
Lance J. Reisman Vice President
Adam Tursi Assistant Treasurer and Assistant Secretary
Ephraim Starr Vice President and General Counsel
Darin Stell Vice President—Sales
Michael J. Strycker Vice President
Kurt Tyler Commercial President, High Growth Markets
Sudhaker Varshney Vice President—Operations
Kornelija Zgonc Vice President—Research&Development
Tax Delegation of Authority
RESOLVED, that each person in the Danaher Corporation tax department with a title of Director or higher
(any person holding any such title at any time is referred to as a "Danaher Tax Delegate"and collectively
the"Danaher Tax Delegates") shall have, and is hereby granted, full power and authority to act for and on
behalf of the Company in all tax and taxation matters at the Federal, State and local levels of government
of the United States, and in so doing, is hereby authorized to prepare, execute and file documents of any
nature in the conduct of the tax affairs of the Company with such authorities and responsibilities to
include, but not be limited to, preparation and filing of tax returns, tax reports and tax renditions; payment
of taxes and related licenses and fees; receipt, but not endorsement, negotiation or collection, of checks
in payment of any refund of taxes, penalties and interest; inspection and receipt of confidential
information, filing of tax protests and claims; prosecuting, defending and compromising tax litigations;
providing a system of records retention, and the execution of all documents, including waivers, necessary
or desirable in connection therewith;
DocuSign Envelope ID:EB8B84AD-DE88-415F-BCAB-CE2D9AFC572C
FURTHER RESOLVED, that for the sole purpose of executing and delivering any and all instruments and
documents under the authority granted above, each of the Danaher Tax Delegates is hereby designated
as Assistant Treasurer—Taxes, respectively, of the Company,to serve until the earliest of the next
annual meeting (or action by written consent in lieu of an annual meeting)of the Board of Directors of the
Company, until such individual is no longer considered a Danaher Tax Delegate or until his or her
resignation, removal or death;
FURTHER RESOLVED, that for the sole purpose of certifying all instruments, documents, and records of
the Company, to attest to the authority and position of any signatory whose signature may be affixed to
an instrument, and to execute on behalf of the Company affidavits, pleadings and other documents in
connection with tax litigation and other tax proceedings and for the purpose of executing and delivering
any and all instruments and documents under the authority granted above, each of the Danaher Tax
Delegates is hereby designated as Assistant Treasurer—Taxes, respectively, of the Company,to serve
until the earliest of the next annual meeting (or action by written consent in lieu of an annual meeting)of
the Board of Directors of the Company, until such individual is no longer considered a Danaher Tax
Delegate or until his or her resignation, removal or death;
FURTHER RESOLVED, that for the purpose of paying, on behalf of and for the account of the Company,
all Federal, State and local taxes, depository payments, licenses, fees, penalties and interest which may
from time to time be owed by or due from the Company in connection with its tax affairs, each of the
Danaher Tax Delegates is hereby authorized to make such payments. Amounts for such payments may
be drawn on Danaher Corporation bank accounts,for the account of the Company, and if so the
Company will be billed for any such amounts paid on behalf of the Company by Danaher Corporation;
FURTHER RESOLVED, that all prior Resolutions adopted by the Board of Directors relating to the subject
matter of the foregoing Resolutions are hereby replaced by these Resolutions, but all actions taken in
accordance with these Resolutions or any such prior Resolutions are hereby affirmed and ratified; and
FURTHER RESOLVED, that the delegation of authority contained in these Resolutions shall continue in
full force and effect until these Resolutions are amended, replaced or rescinded by further action of the
Board of Directors.
Treasury Delegation of Authority
WHEREAS, it is agreed that Danaher Corporation's corporate treasury department shall be engaged in
managing certain banking transactions on behalf of the Company, and that certain officers within Danaher
Corporation's corporate treasury department and their designees shall perform these services on behalf
of the Company, and it is therefore:
RESOLVED, that any one or more of Danaher Corporation's Chief Financial Officer, Vice President-
Treasurer or Assistant Treasurer(any person holding any such title at any time is referred to as a"Danaher
Treasury Delegate"and collectively the"Danaher Treasury Delegates")are hereby authorized in the name
of and on behalf of the Company, acting singly or jointly,to open and close, or to authorize any designated
person or persons to open and close,from time to time, one or more accounts in the name of the Company
("Account(s)")with one or more bank(s)or financial institution(s)(each an"Authorized Depository")in which
funds of the Company may be deposited, whether represented by cash, checks, notes or other evidences
of debt, or any securities owned by the Company;
FURTHER RESOLVED,that any endorsement for deposit to an Account may be in the form of a written or
stamped endorsement of the Company without identification of the person making the endorsement;
FURTHER RESOLVED, that any one or more of the Danaher Treasury Delegates are hereby authorized
in the name and on behalf of the Company, acting singly or jointly, to establish or confirm or to authorize
any designated person or persons to establish and confirm, from time to time, by written notice to an
Authorized Depository: (i) authority of any designated person or persons, acting jointly, to withdraw funds
from Account(s) by commercially recognized means, including telephone instruction, electronic funds
transfer, manual signature, and facsimile signature; (ii) termination of authority previously granted to any
L DocuSign Envelope ID:EB8B84AD-DE88-415F-BCAB-CE2D9AFC572C
person or persons with respect to Account(s);and(iii)special requirements or conditions in connection with
Account(s);
FURTHER RESOLVED, that each Authorized Depository is hereby authorized to honor all checks, drafts,
notes, bills of exchange, depository-transfer checks,wire transfers, automated clearing house transfers, or
other orders for the payment of money against the Company's funds in Account(s) in accordance with
instructions given, from time to time, as specified in these Resolutions;
FURTHER RESOLVED,that each Authorized Depository is hereby authorized to honor depository-transfer
checks, automated clearing house transfers, and wire transfers ("Transfer Instruments") without requiring
any signature other than the name of the Company in instances in which Transfer Instruments are payable
to the order of another bank or financial institution (or affiliate thereof) for credit to an account of the
Company maintained at such bank or financial institution;
FURTHER RESOLVED, that any one or more of the Danaher Treasury Delegates is hereby authorized, in
the name of and on behalf of the Company, acting singly or jointly, to execute and deliver or to authorize
any designated person or persons to execute and deliver from time to time one or more wire transfer or
other agreements with regard to the management of Accounts(including, without limitation, agreements to
facilitate electronic banking, facsimile signatures, and electronic instructions for issuance of checks and
bank drafts), lockbox agreements, account sweep agreements, pooling agreements, custody agreements,
controlled disbursement agreements, overdraft facility agreements and balance reporting agreements, or
any similar agreement to any of the foregoing, between the Company and any bank or financial institution
with which the Company maintains an account(or affiliate thereof), and to otherwise operate the applicable
Accounts;
FURTHER RESOLVED, that any one or more of the Danaher Treasury Delegates is hereby authorized, in
the name of and on behalf of the Company, acting singly or jointly, to execute and deliver or to authorize
any designated person or persons to execute and deliver from time to time one or more spot or forward
currency exchange agreements(with maturity not exceeding 90 days)between the Company and any bank,
financial institution or other entity;
FURTHER RESOLVED, that any one or more of the Danaher Treasury Delegates is hereby authorized, in
the name of and on behalf of the Company, acting singly or jointly,to invest,or to authorize any designated
person or persons to invest, excess funds of the Company in investments as determined in his or her
discretion,and to take such actions as may be required in connection with such investment;
FURTHER RESOLVED,that the foregoing resolutions do not authorize the Company to incur indebtedness
of any nature whatsoever (except with respect to overdraft facilities) or to guarantee, directly or indirectly,
the obligations of any party unless such guarantee is delivered pursuant to one of the agreements referred
to in the preceding resolutions;
FURTHER RESOLVED, that all prior Resolutions adopted by the Board of Directors relating to the subject
matter of the foregoing Resolutions are hereby replaced by these Resolutions, but all actions taken in
accordance with these Resolutions or any such prior Resolutions are hereby affirmed and ratified; and
FURTHER RESOLVED, that the delegation of authority contained in these Resolutions shall continue in
full force and effect until these Resolutions are amended, replaced or rescinded by further action of the
Board of Directors.
Corporate Development Delegation of Authority
RESOLVED, that(1) each person employed by Danaher Corporation or by any subsidiary of Danaher
Corporation who reports directly to(i) Danaher Corporation's Senior Vice President-Corporate
Development or Senior Vice President-Strategic Development(each such direct report is referred to as a
"Direct Report"), or(ii)to any Direct Report, and (2) each of the officers and employees of Danaher
Corporation (the ultimate parent of the Company)who may from time to time have any of the following
titles or positions:
DocuSign Envelope ID:EB8B84AD-DE88-415F-BCAB-CE2D9AFC572C
• Senior Vice President, Corporate Development
• Vice President, Corporate Development
• Vice President-Managing Director
• Director, Corporate Development
• Manager, Corporate Development
• Vice President, M&A Finance
• Director, M&A Finance
• Manager, M&A Finance
• Senior Vice President, Strategic Development
• Vice President, Strategic Development
• Director, Strategic Development
• Manager, Strategic Development
• Associate General Counsel
• Chief Counsel, Mergers&Acquisitions
• Senior Counsel, Mergers&Acquisitions
• Counsel, Mergers &Acquisitions
• Chief Counsel, Litigation
• Chief Counsel, Labor& Employment
• any attorney employed in the legal department of Danaher Corporation
shall, in such capacity, have full right and authority to execute and deliver as an authorized signatory of,
and on behalf of, the Company any and all of the following types of letters, agreements and other
documents:
• agreements with advisors, consultants and other firms, including without limitation engagement
letters, no-reliance letters, indemnity letters and conflict waiver letters;
• indication of interest letters;
• letters of intent, term sheets and/or memorandum of understanding;
• exclusivity agreements;
• confidentiality and/or non-disclosure agreements,whether or not including "standstill" provisions;
• standstill agreements; and
• any and all similar or comparable letters, agreements and other documents, and any and all
letters, agreements and documents containing the contents typically contained in the
aforementioned documents, and any and all amendments, modifications, supplements or waivers
with respect to any of the foregoing.
General
RESOLVED, That the officers of the Company be, and each of them hereby is, authorized and directed,
for and on behalf of the Company, to take such actions and to execute all such documents that any of
such officers deems to be necessary or appropriate to carry out the intents and purposes of the foregoing
resolutions and to carry on the business of the Company; and
FURTHER RESOLVED, That the Secretary or any Assistant Secretary of the Company, in his or her
capacity as such be, and each of them hereby is, authorized to certify that the foregoing resolutions were
duly consented to and adopted as of the latest date set forth on the signature page hereto, and that the
Secretary or any Assistant Secretary of the Company shall be, and hereby is, authorized and directed to
insert, or cause to be inserted, this unanimous written consent, or a copy thereof, in the minutes of
proceedings of the Board of Directors of the Company.
[SIGNATURE PAGE TO FOLLOW]
DocuSign Envelope ID:EB8B84AD-DE88-415F-BCAB-CE2D9AFC572C
IN WITNESS WHEREOF, each of the undersigned has executed this consent as of the date set
forth opposite the undersigned's signature below.
D Wigmd by:
April 30, 2018 'SIZ "
Date: i2gBUiM�YY1
Frank T. McFaden
o sg aby:
May 1, 2018
Date: F144KD Nf r7
Robert S. Lutz
HACH COMPANY
Consent of Directors Signature Page
DocuSign Envelope ID:EB8B84AD-DE88-415F-BCAB-CE2D9AFC572C
HACH COMPANY
ACTION BY UNANIMOUS WRITTEN CONSENT IN LIEU OF
A MEETING OF STOCKHOLDERS
Pursuant to the provisions of Section 228 of the Delaware General Corporation Law and in lieu of
an annual meeting of stockholders for such purposes, the undersigned, being the stockholders of Hach
Company (the "Company"), do hereby consent to the following actions permitted to be taken by the
stockholders without the necessity of any formal meeting being held:
WHEREAS,the stockholders desire to elect directors of the Company to serve until the earliest of the next
annual meeting (or action by written consent in lieu of an annual meeting) of the stockholders of the
Company, until their respective successors are elected and qualified or until their resignation, removal or
death.
NOW THEREFORE, BE IT RESOLVED, that the actions and activities of the directors of the Company
since the last annual meeting(or action by written consent in lieu of an annual meeting)of the stockholders
of the Company be, and they hereby are, ratified and approved; and
FURTHER RESOLVED, that the following individuals are hereby elected to serve as directors of the
Company, to serve until the earliest of the next annual meeting (or action by written consent in lieu of an
annual meeting) of the stockholders of the Company, until their respective successors are elected and
qualified or until their resignation, removal or death:
Frank T. McFaden
Robert S. Lutz
FURTHER RESOLVED, that the officers of the Company be, and each of them hereby is, authorized and
directed, for and on behalf of the Company, to take such actions and to execute all such documents that
any of such officers deems to be necessary or appropriate to carry out the intents and purposes of the
foregoing resolutions and to carry on the business of the Company; and
FURTHER RESOLVED, that the Secretary or any Assistant Secretary of the Company, in his or her
capacity as such be, and each of them hereby is, authorized to certify that the foregoing resolutions were
duly consented to and adopted as of the date set forth below, and that the Secretary or any Assistant
Secretary of the Company shall be,and hereby is,authorized and directed to insert,or cause to be inserted,
this unanimous written consent,or a copy thereof, in the minutes of proceedings of the stockholders of the
Company.
IN WITNESS WHEREOF,the undersigned stockholders have caused the execution of this consent
as of the date set forth beneath the undersigned's signatures below.
ABAST LLC FHC HOLDING CORP.
EM: D—S,g—d by:
-OL:y CA
1 F
BE5WFMAC9A4&1._ anrwif
James F. O'Reilly James F. O'Reilly
Vice President and Secretary Vice President and Secretary
Date:
April 30, 2018 Date: April 30, 2018
AC6RLY® CERTIFICATE OF LIABILITY INSURANCE D07/13/2018D/ryrY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
MARSH USA INC. NAME'
1050 CONNECTICUT AVENUE,SUITE 700 PHONE A No):
WASHINGTON,DC 20036-5386 ADDRIL
ESS:
Athl:Danaher.certrequest@marsh.com Fax(212)948-0503
INSURERS AFFORDING COVERAGE NAIC#
040108-ALL-7/1-18-19 HACH YES _ INSURER A:ACE American Insurance Company 22667
INSURED HACH COMPANY INSURER B:Indemnity Ins Co Of North America 43575
5600 LINDBERGH DRIVE INSURER C:ACE Fire Underwriters Insurance Company 20702
LOVELAND,CO 80538 INSURER D:Ari General Insurance Company 42757
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: CLE-006306948-01 REVISION NUMBER: 1
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDLTYPE OF INSURANCE iNgn SUER POLICYNUMBER MM(DDDY/YYYY EFF MNWD CY EXP
LTR LIMITS
A X COMMERCIAL GENERAL LIABILITY HDOG71097353 07/01/2018 07/01/2019 EACH OCCURRENCE $ 2,000,000
DAMAGE TO
CLAIMS-MADE a OCCUR PREMISES EaEoccurrence $ 2,000,000
X Contractual Liability MED EXP(Any one person) $ 10,000
X Broad Form PD PERSONAL&ADV INJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000
X POLICY F—] PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 5,000,000
JECT
OTHER: $
A AUTOMOBILE LIABILITY ISAH25158829 07/01/2018 07/01/2019 COMBINED SINGLE LIMIT $ 5,000,000
Ea accident
AINY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
X
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB
CLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $
B WORKERS COMPENSATION WLRC65224069(AOS) 7 7/01/2019X PER OTH-
A AND EMPLOYERS'LIABILITY YIN N STATUTE ER
WLRC65224021(CA,MA,A2) i 07/01/2018 07/01/2019 2 000000
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
C OFFICER/MEM
BEREXCLUE N/A SCFC65223946 WI 07/01/2018 07/01/2019
(Mandatory in NH) ( ) E.L.DISEASE-EA EMPLOYEE $ 2,0 ,000
D If yes,describe under WLRC65223983(TN) 07/01/2018 07/01/2019 2,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached H more space is required)
CITY OF FORT WORTH,ITS EMPLOYEES,OFFICERS,OFFICIALS,AGENTS,AND VOLUNTEERS ARE ADDITIONAL INSURED(EXCEPT FOR WORKERS COMPENSATION)ONLY AS REQUIRED BY
WRITTEN CONTRACT WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED.WAIVER OF SUBROGATION IS APPLICABLE WHERE REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER CANCELLATION
CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ATTN:JESUS J.CHAPA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
200 TEXAS STREET ACCORDANCE WITH THE POLICY PROVISIONS.
FORT WORTH,TX 76102
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
Manashi Mukhedee
@ 1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo" TSH
COUNCIL ACTION: Approved on 6/5/2018 -Ordinance No. 23231-06-2018
REFERENCE „* 13P18-0229 FLOW
DATE: 6/5/2018 NO.: P-12204 LOG NAME: MONITORING CC WATER
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Processional Services Agreements with ADS, LLC in the Amount Up
to $356,560.00 and with Aach Company in the Amount Up to $326,000.00 for Citywide
Temporary Flow Monitoring for the Water Department with an Initial Two-Year Term and
Three One-Year Renewal Options and Adopt the Appropriation Ordinance Increasing
Estimated Receipts and Appropriations in the Water and Sewer Capital Projects Fund in
the amount of$682,560.00 from Available Funds (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water and Sewer Capital Projects Fund in the amount of$682,560.00 from available funds; and
2. Authorize the City Manager to epcute professional services agreements with ADS, LLC in the
amount of$356,560.00 and witKKach Company in the amount of$326,000.00 for Citywide
Temporary Flow Monitoring for the Citywide Wastewater Collection System Flow Monitoring Project
(City Project#100854) for an initial two-year term and authorize three one-year renewal options.
DISCUSSION:
On April 17, 2018, M&C P-12188 authorized the rejection of all responses received for Request for
Proposals(RFP) 18-0076 due to the notice requirement per Section 252.041 of the Texas Local
Government Code not being met. The project was put out for rebid and on April 19, 2018, two
proposals were received from bidders. A city staff consultant selection committee recommended that
both ADS, LLC and Hach Company be awarded this project. This project consists of the purchase,
installation, and periodic calibration of wastewater flow meters to be installed within the Fort Worth
wastewater collection system pipelines. The flow meters are capable of measuring both wastewater
flow and level within wastewater pipes, communicating this data back to engineering and operations
staff. Data will be used to properly size relief or replacement pipelines, assess and quantify inflow and
infiltration into the collection system that may result in large wet weather peak flows, and provide
advance notice of surcharge conditions within the collection system.
The City of Fort Worth has previously invested in permanent wastewater meter stations that measure
wastewater generated by wholesale customers that discharge into Fort Worth's collection system.
However, Fort Worth has not previously invested in wastewater flow meters within the Fort Worth
wastewater collection system.
This project is also part of the TCEQ Sanitary Sewer Overflow Initiative Program, and has been
included as part of Fort Worth's Corrective Action Plan.
As part of the work, the City will purchase wastewater flow meters from the two vendors, who will be
responsible for installation of the meters within designated pipelines within the wastewater collection
system, and perform routine monitoring and calibration of the meters.
The agreements cover an initial two years, which includes the purchase, installation and calibration of
the meters and metering equipment. These agreements also include up to three one-year options to
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25876&councildate=6/5/2018 7/19/2018
M&C Review Page 2 of 3
renew.
The Bid was advertised in the Fort Worth Star-Telegram on April 4, 2018, April 11, 2018 and April 18,
2018.
In addition, an administrative change order or increase may be made by the City Manager in the
amount up to $50,000.00 and does not require specific City Council approval as long as sufficient
funds have been appropriated.
M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by
the Purchasing Division and approved by the M/WBE Office, in accordance with the BIDE Ordinance,
because the purchase of goods or services is from sources where subcontracting or supplier
opportunities are negligible.
Upon City Council approval, the Contracts shall begin on execution and end two years from that date.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current capital budget, as
appropriated, of the Water and Sewer Capital Projects Fund. The Fiscal Year 2018 Water Operating
Fund budget includes appropriations of$29,022,689.00 for the purpose of providing Pay-As-You-Go
funding for Sewer Capital Projects. After this transfer for Fiscal Year 2018, the balance will be
$9,537,180.00.
Appropriations for the Citywide Wastewater Collection System Flow Metering Project by Fund will consist of the following:
FUND Existing Additional Project Total*
Appropriations Appropriations
Water Capital Fund $115,000 $0 $115,000
59601
W&S Capital Projects $0 $682,560 $682,560
Fund 56002
Project Total $115,000 $682,560 $797,560
*Numbers rounded for presentation.
BQN\18-0229\CC
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# FAmount
ID I I ID Year Chartfield 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Cynthia B. Garcia (8525)
Cristina Camarillo (8355)
ATTACHMENTS
1295.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=25876&councildate=6/5/2018 7/19/2018
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-350770
Hach
Loveland,CO United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is05/09/2018
being filed.
City of Fort Worth Date Ackno led �l
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
18-0229
CITYWIDE TEMPORARY FLOW MONITORING
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Department of Financial Management Services City of Fort Worth,TX United X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Oliver Wadosch, Hach and my date of birth is 07/14/1979
My address is 5600 Lindbergh Drive Loveland CO 80501 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Larimer County, State of Colorado ,on the 9th day of May 2018
(month) (year)
Signature of authorized agent 0,prontracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523