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Contract 52465
A� ✓ RECEIVED CITY SECRETARY JUN 2 5 2019 CONTRACT NO. 524(a`, CITY OF FORT WORTH CITY SECRETARY CONTRACTOR SERVICES AGREEMENT Chlorine Bulk Stora2c Testiin ITB No. 19-0136 This CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Specialized Response Solutions, L.P. ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized —Specialized Response Solutions, LP. This Agreement shall be effective as of the Effective Date established herein. AGREEMENT DOCUMENTS: The additional documents comprising this Contractor Services Agreement shall include the following: 1. Attachment A—The City's Invitation to Bid("ITB"),excluding Part V, Attachments E and F thereto; 2. Attachment B — Contractor's Response to ITB, specifically Part I-A Bid Solicitation Form and negotiated changes to Parts III,IV, V or VI of the ITB,if any; 3. Attachment C—Verification of Signature Authority Form(ITB Part V,Attachment H). Attachments A, B and C, are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachments A or B and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES Contractor hereby agrees to provide Chlorine Bulk Storage Testing Services for the City of Fort Worth r Department as per Attachments A and B which more specifically describe the services to be provided hereunder. 2. TERM This Agreement is effective as of the date subscribed below by the City's designated Assistant City Manager("Effective Date") and shall expire upon the completion of the services or 365 days from the Effective Date,whichever occurs first.("Expiration Date"). 3. COMPENSATION City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B. Total payment made under this Agreement per term shall be the amount of $11,800.00 ("Contract Amount'). Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION/CANCELLATION ITB No. 19-0136 Chlorine Bulk Storage Testing Pagel of 10 v Contractor Services Agreement u �ewy es Termination: The City reserves the right to terminate this agreement, or any part hereof, with or without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of Termination" specifying the extent to which perfornancc of work or the goods to be purchased under the order is terminated and the date upon which such termination Becomes effective. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the reasonable satisfaction of the City, incurred as a result of the termination. hi no event shall the total of all amounts paid to the Contractor under this section exceed the price stated In the Agreement. The Contractor shall not be reimbursed for any profit which may have been anticipated, but which have not been earned up to the date of termination. Cancellation: City shall have the sole right to cancel this contract prior to the commencement of work should there be a change in the need for the product or services as determined by the Department Head or his/her Assistant City Managcr. Non-Appropriation of Funds: In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then City will immediately notify Contractor of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. Confidential information. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information') as confidential and shall not disclose any such information to a third party without the prior written approval of City. Unauthorized Access. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify City immediately if the security or integrity,of any City Information has been compromised or is believed to have been compromised, in which event, Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees; consultants and subcontractors. Contractor acknowledges that the doctrine of resl,7ondeac i�, Page 2 of 10 Contractor Services Agreement superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants. Contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City shall in no way be considered a co-cinployer or a joint employer of Contractor or any officers, agents. servants, employees or subcontractor of Contractor. Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 7. LIABILITY AND INDEMNIFICATION LIABILITY- CONTRACTOR SHALL BE LIABLE AND IND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED B1' THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,SERVANTS OR EMI L0YEES. INDEMNIFICATION - CONTRACTOR HEREBY COVENAII'7S AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITI; 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 PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROF17S) 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 AC7S OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SER 1,ANTS OR EMPLOYEES. 8. ASSIGNMENT Contractor shall not assign any of'its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9. INSURANCE AND BONDING Contractor shall provide City with certificate(s) of insurance documenting, policies of the types and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect prior to commencement of any work pursuant to this Agreement as provided for in the ITB, Part V, Attachment G. 10. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS Contractor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations as set forth in Part IV, Section 14 of the ITB. If City notifies Contractor c ,:i n Page 3 of 10 Contractor Services Agreement of any violation of such laws, ordinances, riles or regulations. Contractor shall immediately desist from and correct the violation. 11. NON-DISCRIMINATION COVENANT Contractor, for itself. its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including Chapter 17, Article 111, Division 3 of the Fort Worth Code. IF ANY CLAIM ARISES FROM AN ALLF,GED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCII CLAIM. 1.2. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) nand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by electronic means with electronic confirmation of the transmission, or(3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To CONTRACTOR: Cit} of Fort Worth Contractor business name Attn: Specialized Response Solutions,LP i Phone: 817-246-3338 200 Texas Street Facsimile: 817-246-0311 Fort Worth,TX 76102-6314 Email:_speltier a>nrcc.eom Email: Marlin.Phillipsgw fort worthtexas.gov Phone: (817)392-8293 Facsimile: (817) 392-8654 With copy to Fort Worth Cite Attorneys Office at same address 13. SOLICITATION OF EMPLOYEES Neither City nor Contractor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent Contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwitlistanding the foregoing, this provision shall not apply to an employee of either party who independently responds to a general solicitation of advertisement of employment by either party. 14. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. Page 4 of 10 Contractor Services Agreement 15. NO WAIVER The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate peribrmancc or to assert any such right on any future occasion. M. GOVERNING LAW/VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this AgTreement, but shall not be held liable f'or any delay or omission in performance due to force majeurc or other causes beyond their reasonable control, including, but not limited to,acts of the public eneiny, fires, strikes, lockouts,natural disasters.wars,riots, material or labor restrictions by any governmental authority and/or any other similar causes. 19. AMENDMENTS/MODIFICATIONS/EyrENSIONS No amendment, modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument. which is executed by an authorized representative of each party. 20. ENTIRETY OF AGREEMENT This Agreement, including its attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their respective assigns and successors-in-interest, as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 21. WARRANTY Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. Contractor warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices. and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract. Additional specific warranty provision are found in ITB. Part III, Section 9. City shall give written notice of a breach of any warranty within thirty (30) days from the date that the cause for same is discovered. i Page 5 of 10 Contractor Services Agreement 22. PROIHBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel, and (2) will not boycott Israel during the term of'the contract. The terms -boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. 23. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 24. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of' this Agreement. 25. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had an opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be ennploycd in the interpretation of this Agreement or its attachments. 26. COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 27. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Contractor whose name, title and signature is affixed on the Verification of' Signature Authority I:onn, which is attached hereto as Attachment C. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. Page 6of10 Contractor Services Agreement ACCORDINGLY, the parties hereto have duly executed this Agreement and established the Effective Date as being the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH: CONTRACTOR: By: +-�. B y y Name: Jay Chapa Name: Jason Holden Title: Assistant City Manager r Title: Sr.Project Manager —� g--i GI Date: 5/29/19 Date: APPROVAL,RECON.IMENDED: By: Name: Chris Harder �- Title: Water Director "'T ATTEST. '' By: N e: Ma {ay Title: City ecretary 76 t' «r•.F Y APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: 'z' By signing I acknowledge that I am the person By: responsible for the monitoring and Name: Douglas lack administration of this contract, including Title: Sr. Assistant City Attorney ensuring all performance and reporting CONTRACT AUTHORIZATION: requirements. M&C: N Date: 1295 # 8y -- --Ma : .Mari► hyl1'►ps Titntn z�rinc� I�cricci,�Y OFFICIAL RECORD ITB No. 19-0136 Chlorine Bulk Storage Testing Page 7 of 10 elnr SECRETARY Contractor Services Agreement FT. �/®RTI"Iy�'� ATTACHMENT A ITB (Inserted behind this page as modified) Page 8 of 10 Contractor Services Agreement FORTWORTHS ADDENDUM TO THE REQUEST FOR QUOTE CHLORINE BULK STORAGE TANK TESTING CITY OF FORT WORTH PURCHASING DIVISION Addendum No. 1 Date Issued:April 29, 2019 Request for Quote(RFQ): 19-0136 Revised Quote Due Time:4:OOpm May 3, 2019(local time) Addendum No. 1, is hereby extending the quote submission due date as stated above All other terms and conditions remain the same. -LC I r 7 Cynthia Garcia, Assistant Director ■■rrrrrrrrrrrrrrrrrrrrrrrrrr�rrrrrrrrrrrrrr��rrrr�rrrr�rrrrrrrrr�rrrrrrr�rrr By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced RFQ. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the quotation documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. FORTWORTH, > ADDENDUM TO THE REQUEST FOR QUOTE CHLORINE BULK STORAGE TANKS CITY OF FORT WORTH PURCHASING DIVISION Addendum No. 2 Date Issued: May 2, 2019 Request for Quote (RFQ): 19-0136 Addendum No. 2, is hereby answering questions for the request for quote stated above. Q: Is the City of Fort Worth suppling the Chlorine Valves and gaskets? A: Yes we will provide all valves and gaskets required for sealing vessel. Q: If we remember correctly these tank fall under the API Codes and not Boiler, Pressure Vessel Codes. If this is true the Inspector does not have to be Boiler, Pressure Vessel certified. Can you please verify this? A: I have attach the Chlorine institutes pamphlet 5. If you look under Section 8.3, Hydro pressure testing, it states that the vessel must be pressure tested 1.5 times the pressure rating on the vessel and hold for 1 hour. This means the verifier has to be pressure vessel certified for inspections. This also falls under the ASME code 11.2 All other terms and conditions remain the sarge. Cynthia Garcia,Assistant Directory Jyl By the signature affixed below, Addendum No.2 is hereby incorporated into and made part of the above referenced RFQ. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the quotation documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. WORTH.FORT REQUEST FOR QUOTATIONS Purchasing Division 200 Texas Street, Fort Worth, Texas 76102-6311, Fax: 817-392-8440 RFQUOTE NO: 19-0136 QUOTE FOR: CHLORINE BULK STORAGE TANK TESTING BID OPENING DATE: MONDAY,APRIL 29,2019 @ 2:00 PM BUYER: SHATABYA BERGLAND EMAIL: FMSPurchasin Res onses fortworthtexas. ov INSTRUCTIONS TO BIDDERS Quotes are solicited for furnishing the merchandise, supplies, services and/or equipment set forth. Completed Quote must be received in the Purchasing Division,200 Texas Street, Fort Worth,Texas 76102 by the above"quote deadline." Quotes may be submitting electronically(email)or faxed to 817-392-8440,addressed to the above Buyer,City of Fort Worth and have the bid number and opening date clearly marked on the fax cover page. Late quotes will not be considered for award unless bidders are notified otherwise. Quotes may be withdrawn at any time prior to the official opening by written notification. Quotes may not be altered, amended or withdrawn after the official opening. • Your quote must be submitted on this form. • Freight and all other delivery charges shall be included in the unit price(s)bid. • The City is exempt from Federal Excise and State Sales Tax,therefore,tax must not be included in the quote price. Items quoted must meet or exceed City of Fort Worth Specifications; however, The City of Fort Worth may consider and accept alternate bids if specified herein when most advantageous to the City. The City reserves the right,however, to hold to City Specifications and to determine"or equal"status. The City reserves the right to accept or reject in part or whole any quote submitted,and to waive any technicalities for the best interest of the City. The undersigned agrees, if the quote is accepted, to furnish any and all items upon which prices are offered, at the price(s)and upon the terms and conditions contained in the specifications. The period for acceptance of this proposal will be calendar days(90 calendar days unless a different period is inserted by the bidder)after opening date. Will agreement be available for Cooperative Agreement use? (See Section 6, Page 4)Yes No City of Fort Worth Standard Terms and Conditions Shall Apply Company Name QUOTE EVALUATION &Address(Please write legibly). The quote award shall be based on, but not necessarily limited to,the following factors: 1. Unit Price 2. Total Quote Price 3. Terms and Discounts Telephone no. (AC ) 4. Delivery Date 5. Results of Testing Samples Fax no. ( ) 6. Special Needs and Requirements of the City 7. Past experience with product/service Name 8. Vendor's past performance 9. City's evaluation of the Vendor's responsibility Signature 10. Demurrage charges, freight costs and mileage 11. Estimated cost of supplies, maintenance, storage Title& Date 12. Estimated Surplus value E-mail Address Page 1 of 1 BID SOLICITATION Printed:04/23/2019 BID OPENING DATE AND TIME: 4/29/2019 2:00:00 PM BID NUMBER: 19-0136 BUYER:Shatabya Bergland PHONE#: (817)392-2462 DELIVERY REQUIRED:4/29/2019 V Vendor Name: S City of Ft Worth E H N Address: I WATER PRODUCTION-HOLLY D P 1500 11TH AVENUE O City,State Zip Code: FORT WORTH TX 76102 R T Item Class-Item Quantity Unit Unit Price Total 1.000 The City of Fort Worth(City)seeks quotes from qualified bidders to provide one-time testing and inspection services for four liquid chlorine bulk storage tanks for the Water Department.Two of the tanks are located at Rolling Hills WTP,and the other two are located at Eagle Mountain WTP 2.000 Tank SN#68587 1 EA 3.000 Tank SN#62039 1 EA 4.000 Tank SN#62536 1 EA 5.000 Tank SN#68586 1 EA TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: COMPANY: DELIVERY: SIGNATURE: TELEPHONE NUMBER: NAME AND TITLE: SPECIFICATIONS FOR CHLORINE BULK STORAGE TANK TESTING 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks quotes from qualified bidders to provide one-time testing and inspection services for four chlorine bulk storage tanks for the Water Department. 1.2 OMIT 1.3 Following the award,additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added. 1.4 Unit price shall include all cost associated including but not limited to delivery and/or fuel charges. No additional charges will be accepted or paid by the City. 1.5 The Vendor shall provide services on an as needed basis, as requested by the City. 2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated for all purposes incident to this Agreement in Attachment "G", Scope of Services/Specifications, more specifically describing the services to be provided hereunder. 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP The Vendor shall notify the City's Purchasing Manager, in writing, of a company name,ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter.A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W- 9,documents filed with the state indicating such change,copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 4.0 INVOICING REQUIREMENTS 4.1 All invoices should be submitted directly to the requesting department. It is the responsibility of the Vendor to get the name of the responsible person,telephone numbers and address of the department at the time the service is requested. 4.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Vendor's name and federal tax identification number, invoice number, address, date, service or item description, unit price, extended cost, and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Vendor for correction and re-submittal. 5.0 UNIT PRICE ADJUSTMENT 5.1 OMIT 5.2 OMIT 5.3 OMIT 5.4 OMIT 5.5 OMIT 5.6 OMIT 5.7 OMIT 6.0 COOPERATIVE PURCHASING 6.1 Should other governmental entities decide to participate in this Agreement, Bidders,shall indicate in their bid response whether they agree that all terms, conditions,specification, and pricing would apply. 6.2 If the successful Bidder agrees to extend the resulting Agreement to other governmental entities, the following will apply: Governmental entities within utilizing agreements with the City of Fort Worth will be eligible, but not obligated, to purchase material/services under this Agreement(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth will be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth will not be responsible for another governmental entity's debts. Each governmental entity will order its own material/services as needed. 7.0 INSURANCE REQUIREMENTS 7.1 The Contractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance within five (5) calendar days of notification. 7.2 Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage,the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 7.2.1 Statutory Workers'Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers'Compensation Act(Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. 7.2.2 Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent Contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. 7.2.3 Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 7.2.4 The Contractor shall furnish the Purchasing Manager, with a certificate of insurance documenting the required insurance prior to the commencement of services. 7.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty-(30)day notice of cancellation, material change in coverage, or non-renewal of coverage. 7.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). 8.0 ADDITIONAL INSURANCE REQUIREMENTS 8.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. 8.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Contractor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Contractor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division 200 Texas Street Fort Worth, Texas 76102 8.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 days notice of cancellation, non- renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event of non-payment of premium. 8.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 8.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 8.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. 8.7 Workers'compensation insurance policy(s)covering employees of the Contractor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 8.8 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 8.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 8.10 While the purchase order is in effect, Contractor shall report, in a timely manner, to the Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 8.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. 9.0 LAWS, REGULATIONS,AND ORDINANCES The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration(OSHA), and the Texas Commission on Environmental Quality(TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Vendor is required to comply with new policy.Any mandates requiring the City to comply with new guidelines will also require the Vendor tocomply. 10.0 QUANTITIES The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 11.0 PERFORMANCE Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 12.0 COMPLAINTS Complaints processed through the City Purchasing Division are to be corrected within fourteen (14) days of formal notice of complaint.Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendarday time period may result in the cancellation of the applicable line item(s) in the price agreement. 13.0 METHOD OF AWARD 13.1 Quotes will be evaluated based on the lowest responsive and responsible bidder complying with all of the provisions of the solicitation, provided the bid price is reasonable, and it is in the best interest of the City to accept it. 13.1.1 A responsive bidder is defined to be one who submits a completed quote packet within the stated time deadline and in accordance with the specification. 13.1.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies, equipment, or services being procured. 13.2 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 13.3 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 13.4 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 14.0 QUOTATIONS 14.1 Bidders shall submit the following items with their bid: 14.1.1 A completed and signed original Request for Quotations cover page; 14.1.2 A completed and signed original Bid Solicitation form; 14.1.3 A completed and signed original Conflict of Interest Questionnaire,Attachment A. 14.1.4 A completed Vendor Contact Information Form, Attachment B. 14.1.5 A completed and signed original Reference Sheet providing a list of three (3) references,Attachment C. 14.1.6 A completed and signed original Consideration of Location of Bidder's Principal Place of Business, Attachment D. 14.1.7 One copy of all documents listed in section 14.1. 14.2 Failure to submit the items listed in section 14.1 may be grounds for rejection of a quote as non-responsive to the specifications. 15.0 QUESTIONS 15.1 Questions, explanations or clarifications desired by a bidder regarding any part of the bid must be requested in writing from the Purchasing Division. Request can be send to the following: 15.1.1 Shatabya Bergland, Buyer, shatabya.bergland@fortworthtexas.gov 15.1.2 City of Fort Worth Purchasing Division Attention: Shatabya Bergland-Reference RFQT 19-0136 200 Texas Street, Fort Worth, Texas 76102 15.1.3 Facsimile: (817) 392-8440, Attention: Shatabya Bergland CITY OF FORT WORTH,TEXAS STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DEFINITION OF BUYER The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and subvendors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF SELLER The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services, its officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth (the"City") may be requested by a member of the public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§ 552.002, 552.128(c) (West Supp.2006). If the City receives a request for a Seller's proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 ORDERS 5.0 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. 5.1 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non- payment. 6.0 SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name,address and purchase order or purchase change order number; (c)Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's proposals or actual costs,whichever is lower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 10.0 PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 11.0 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 12.0 INVOICES 12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately.A copy of the bill of lading and the freight waybill,when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller's request. 13.0 PRICE WARRANTY 13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 13.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee,excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 14.0 PRODUCT WARRANTY Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 15.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 16.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. 17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 17.2 SELLER shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s) hereunder. 17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as SELLER bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, SELLER shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with SELLER in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement,the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, SELLER shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give SELLER timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate SELLER's duty to indemnify the City under this Agreement. If the Deliverable(s),or any part thereof,is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,SELLER shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or(d) if none of the foregoing alternatives is reasonably available to SELLER, terminate this Agreement, and refund all amounts paid to SELLER by the City, subsequent to which termination City may seek any and all remedies available to City under law. 18.0 OWNERSHIP OF WORK PRODUCT Seller agrees that any and all analyses,evaluations, reports, memoranda, letters, ideas,processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Seller for the City pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may be considered"work(s)made for hire"and will be and remain the exclusive property of the City. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its vendors hereby waives any property interest in such Work Product. 19.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectively the"Network"). If Seller requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other network application, Seller shall separately execute the City's Network Access Agreement prior to providing such services.A copy of the City's standard Network Access Agreement can be provided upon request. 20.0 CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies,which Buyer may have in law or equity. 21.0 TERMINATION The performance of work or purchase of goods under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein. 22.0 ASSIGNMENT/DELEGATION No interest, obligation or right of Seller, including the right to receive payment, under this contract shall be assigned or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests, or obligations to another entity. The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees or interest resulting therefrom. 23.0 WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 24.0 MODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 25.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any applicable proposal documents published by the Buyer and Seller's Response to such proposal (the"contract documents"). This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall not apply. 26.0 APPLICABLE LAW/VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County,Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 27.0 INDEPENDENT CONTRACTOR(S) Seller shall operate hereunder as an independent Contractor(s) and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, vendors and sub- vendors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors and subvendors. 28.0 LIABILITY AND INDEMNIFICATION, 28.1 LIABILITY - SELLER 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 SELLER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 28.2 INDEMNIFICATION -SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS BUYER), 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 SELLER'S BUSINESS, AND ANY RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS OFFICERS, AGENTS, SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES. 29.0 SEVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 30.0 FISCAL FUNDING LIMITATION In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 31.0 NOTICES TO PARTIES Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three(3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller in its response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery, notice is considered received upon delivery. 32.0 NON-DISCRIMINATION This contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents, vendors or subvendors, have fully complied with all provisions of same and that no employee, participant, applicant, Contractor(s)or subContractor(s)has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or subvendors herein. 33.0 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 (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 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. 34.0 HEALTH. SAFETY.AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 35.0 RIGHT TO AUDIT Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to Buyer, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Seller involving transactions relating to this contract, including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees that the Buyer shall have access, during normal working hours, to all necessary Seller facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer shall give Seller reasonable advance written notice of intended audits, but no less than ten (10) business days. 36.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of its subvendors. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or subvendors against Buyer arising out of Seller's and/or its subvendor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 37.0 DISPUTE RESOLUTION If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process.The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60)days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation,then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Seller 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,Seller certifies that Seller's signature provides written verification to the City that Seller:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. Revised August 31, 2017. ATTACHMENT A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.Pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Vendor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the#4 box in all cases. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local govemrnental entity thta qussnannalm reflects changes made to the law by H.B. 23. 84th Log, fisgular Session, OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, Qai. by a vendor who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a rnisderneanor. t Name of vendor who has a business relationship with local governmental entity. Check this box If you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate) 3 Name of local government officer about whom the Information In this section is being dlsclaaad. Nam of Officer This section(item 3 including subparts A, B, C,&D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a),Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment incorne,from the vendor Yes E-1 No S. Is the vendor receiving or 6kefy to receive taxable income,older titan investment incom,from or at the direction of the local government officer named in this section AND throe taxable income is not received from the local goirerm ontal entity? Yes E-1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more? EDYes allo D. Describe each employment or business and family relationship with the local government officer named in this swtion. 4 Wet"of vendor doing business with the goverri mental entity Dale Adopted&7/2015 ATTACHMENT B—VENDOR CONTACT INFORMATION Vendor's Name: Vendor's Local Address: Phone: Fax: Email: Name of persons to contact when placing an order or billing questions: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Signature Printed Name Date ATTACHMENT C-REFERENCE SHEET Please complete and return this form with your bid. The Vendor shall furnish references for at least three (3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number( ) Email 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number( ) Email 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number( ) Email ATTACHMENT D -CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids,to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes, identify address: b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees?_ b. Amount of City of Fort Worth ad valorem taxes(real and business personal property) paid by company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly-established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. (Company Name) (Date) (Signature) (Printed Name and Title) ATTACHMENT—E NO BID SHEET FOR BID NO. 19-0136 If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to: Shatabya Bergland, Buyer Purchasing Division City of Fort Worth, 200 Texas Street Fort Worth, Texas 76102 Fax No. 817-392-8440 E-mail address: Shatabya.bergland@fortworthtexas.gov Please check the items that apply: Do not sell the item(s) required. Cannot be competitive. Cannot meet the Specifications highlighted in the attached Bid. Cannot provide Insurance required. Cannot provide Bonding required. Cannot comply with Indemnification requirements. Job too large. F7Job too small. Do not wish to do business with the City. Other reason. Company Name: Authorized Officer or Agent Signature: Telephone: ( ) FAX Number: ( ) ATTACHMENT—F HOW TO REGISTER WITH THE CITY OF FORT WORTH ! Visit FORTWORTHTEXAS.GOV ■ Scroll to the purple section at bottom of page ■ Under Business, click Vendors 0 Click Register as a Vendor(right side under BuySpeed Online) t After reading, click Next step f Review Vendor Terms&Conditions Agree to the terms and click Next Page i Click Register ■ Enter your Tax ID#(or Social Security Number), Company Name,Country and Email Address; click Submit. The company name entered MUST be the same as the invoice you would present for payment to the City of Fort Worth. ■ Complete all required information under each tab; be sure to Save&Continue at the bottom of your screen before proceeding to the next tab. o Categories&Certifications tab—a current W9 form is required before your vendor account can be activated. Don't forget to fax or email to purchasingbso(a)fortworthtexas.gov or(817)392-1982!! o Summary tab—Verify that all information is accurate and there are no RED Validation Errors at the top of your screen. If you do have errors, you will not be able to proceed until all info is completed. ■ Click Complete Registration ■ Congratulations, you've registered!! You will receive an email with your registration confirmation after you have submitted your W9. For any changes/edits to your vendor profile please email the vendor registration administrator at Pu rchasing BSO(a-)fortworthtexas.gov The City of Fort Worth prefers to make vendor payments by direct deposit to vendors' checking/savings accounts or by procurement credit card. The direct deposit process is called Automated Clearing House Transfer(ACH). Advantages of ACH are: Gives vendors use of the funds one business day AFTER the transfer has taken place. Vendors receive an e-mail showing the invoices being paid by the transfer. Invoices approved for payment by 3:00 p.m.will be transferred same day and will reach the vendors' bank accounts by the next business day. To register for ACH service please visit http://fortworthtexas.gov/purchasing click on the link titled "Automated Clearing House Setup", download, complete and submit the two ACH forms. ATTACHMENT—G DETAILED SCOPE OF SERVICES/SPECIFICATIONS Scope of Work—Bulk Chlorine Tank Testing and Inspection This contract will cover the one-time testing and inspection services for the following four liquid chlorine bulk storage tanks: • Hydrostatic test of the vessel—per ASME requirements(1.5X design pressure)—one hour hold time. • Tank shell and head ultrasonic thickness measurements—record readings and show graphically on tank drawing • Visual internal physical inspection of the tanks—incorporate pictures into report • Dry purge and dewpoint check to minus 40 degrees F or lower. • Provide final report with all test data and inspection observations • Inspection of tanks to be performed by a certified pressure vessel inspector Location Eagle Mnt.WTP Eagle Mnt.WTP Rolling Hills WTP Rolling Hills WTP 6801 Bowman Roberts 6801 Bowman Roberts 2500 SE Loop 820 2500 SE Loop 820 Tank Serial Number SN#68587 SN#62039 SN#62536 SN#68586 Date Last Tested 2014 2014 10/2014 4/2014 Manufacturer Ace Buehler Ace Buehler Ace Buehler Ace Buehler Date of Manufacture 1986 1983 1983 1986 Des. Working 225 psi 225 psi 225 psi 225 psi Pressure Code ASME Section 8,Div. 1 ASME Section 8, ASME Section 8, ASME Section 8, Div. 1 Div. 1 Div. 1 Shell thickness in 0.625"min. 0.625"min. 0.625"min. 0.625"min. Head thickness in 0.625"min. 0.625"min. 0.625"min. 0.625"min. Tank Volume 1 5,000 gallons 5,000 gallons 5,000 gallons 5,000 gallons Project Access: Access to both the Rolling Hills Water Treatment Plant and the Eagle Mountain Water Treatment Plant will be via the main security gate. Contractors shall show the security guard their driver's license in order to access the plants. Proiect Duration: We would like work to be completed as quickly as possible. From the date of the notice to proceed,we would like the testing to be completed within 45 calendar days. The testing of the two tanks at the Eagle Mountain WTP can't be performed simultaneously,as the plant must remain in service. Payment: Payment will be made to Contractor upon completion of the work and submittal of completed report to the City for its records. Required Insurance: See standard city purchasing terms and conditions. Bid Proposal: Perform Inspection and testing of four 5,000 gallon bulk chlorine storage tanks. TOTAL BID—Inspection and testing of four 5,000 gallon bulk chlorine storage tanks,with two located at the Eagle Mountain Water Treatment Plant,and two located at the Rolling Hills Water Treatment Plant. Date and Signature: i ATTACHMENT B CONTRACTOR'S RESPONSE TO ITB (Inserted behind this page) Page 9 of 10 Contractor Services Agreement ,.� Specialized 411 Bolliger Fort Worth,TX 761086108 ® 817.246.3338 Office Response 817.246.0311 Fax 877.506.0025 24 Hour Emergency Solutions �c•om„., www.specializedresponse.com "Safe Solutions for Hazardous Situations" Submission for Bid No.: 19-0136 Shatabya Bergland City of Fort Worth finspurchasin-gresponses@ fortworthtexas.,aov Opening Date: Friday May 3, 2019 4:00pm FORTWORTH. REQUEST FOR QUOTATIONS Purchasing Division 200 Texas Street, Fort Worth, Texas 76102-6311, Fax:817-392-8440 RFQUOTE NO: 19-0136 QUOTE FOR: CHLORINE BULK STORAGE TANK TESTING BID OPENING DATE: MONDAY,APRIL 29,2019 @ 2:00 PM BUYER: SHATABYA BERGLAND EMAIL: FMSPurchasin Res onses ortworthtexas. ov INSTRUCTIONS TO BIDDERS Quotes are solicited for furnishing the merchandise,supplies, services and/or equipment set forth. Completed Quote must be received in the Purchasing Division,200 Texas Street,Fort Worth,Texas 76102 by the above"quote deadline." Quotes may be submitting electronically(email)or faxed to 817-392-8440,addressed to the above Buyer.City of Fort Worth and have the bid number and opening date clearly marked on the fax cover page. Late quotes will not be considered for award unless bidders are notified otherwise. Quotes may be withdrawn at any time prior to the official opening by written notification, Quotes may not be altered,amended or withdrawn after the official opening. • Your quote must be submitted on this form. • Freight and all other delivery charges shall be included in the unit price(s)bid. • The City is exempt from Federal Excise and State Sales Tax,therefore,tax must not be included in the quote price. Items quoted must meet or exceed City of Fort Worth Specifications; however, The City of Fort Worth may consider and accept alternate bids if specified herein when most advantageous to the City. The City reserves the right,however, to hold to City Specifications and to determine"or equal"status.The City reserves the right to accept or reject in part or whole any quote submitted,and to waive any technicalities for the best interest of the City. The undersigned agrees, if the quote is accepted,to furnish any and all items upon which prices are offered, at the price(s) d upon the terms and conditions contained in the specifications. The period for acceptance of this proposal will be calendar days(90 calendar days unless a different period is inserted by the bidder)after opening date. Will agreement be available for Cooperative Agreement use? (See Section 6,Page 4)Yes No_ City of Fort Worth Standard Terms and Conditions Shall Apply Company Name QUOTE EVALUATION &Address(Please write legibly). The quote award shall be based on,but not necessarily limited to,the following factors: 'u'1lDAS,� � 1. Unit Price 2. Total Quote Price ,O 3. Terms and Discounts Telephone no.(ACW)A� —3g 4. Delivery Date n 5. Results of Testing Samples Fax no. )d quo-(73(1 6. Special Needs and Requirements of the City \ / 7. Past experience with product/service Name P_` 8. Vendor's p performance erformance 9. City's evaluation of the Vendor's responsibility Signature 10. Demurrage charges,freight costs and mileage dyI, 11.Estimated cost of supplies,maintenance,storage Title&Dated .Estimated Surplus value E-mail Addresser �2(� frY •cor,;1 Page 1 of 1 BID SOLICITATION Printed:04/23/2019 BID OPENING DATE AND TIME: 4/29/2019 2:00:00 PM BID NUMBER: 19-0136 BUYER:Shatabya Bergland PHONE#: (817)392-2462 DELIVERY REQUIRED:4/29/2019 V Vendor Name: S City of Ft Worth E H % WATER PRODUCTION-HOLLY ND Address: F 1500 11TH AVENUE O City,State Zip Code: '1 {_ p� ( FORT WORTH TX 76102 R i T Item Class-Item Quantity Unit Unit Price T Total 1.000 The City of Fort Worth(City)seeks quotes from qualified bidders to provide one-time testing and inspection services for four liquid chlorine bulk storage tanks for the Water Department.Two of the tanks are located at Rollin i is WTP,and the other two re located atEagle Mountain WTP e.R_ eGi� Se@ Q G� 46incc1on 2.000 Tank SN#68587 1 EA 3.000 Tank SN#62039 1 EA 0??5,9, 0095).00 4.000 Tank SN#62536 1 EA CQ,0L-) C99_'p.vD 5.000 Tank SN#68586 1 EA p� �Q, p' /50-(D TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. /. TERM OF PAYMENT: 11ei 23Tp COMPANY: Q � DELIVERY: WCA 010k SIGNATURE: TELEPHONE NUMBER: ��p`t�_3335� NAME AND TITLE: M S 44ax CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governirrientall entity This qLosbonnalre rtfWcU changes made to tire ftt,,V by K& 21 "h Lag- ROPulor 15,2XV0111. OFMC USE ONLY this questionnaire is 5'j4,-.:i filed in accDrdartce wirt'i Chapter'76,Local Govemmen!C-Oce, by a vondo!who has a businme roiationship as definodby Sactior.176.001(1-aj with a local governririan,lal entity and ft venclor rneets fequ,rernerils undpr Section 176,0C$(a l By laH this questionnaire must b-D fill.-d with Ow remds adninstmtot of ate local goviammental entity not later than the 7ih bi;sinen. day alter the date the vendor becomes aware of facts that require the statement lobpl;led S Sector,178.006"a-1,,,Loca!GovemawntCode A-vendor commits an offenso is the vendor know-'ngiy violams Section 176.0t-,16, Local Government Codp.An ofense u-xier this section is I rnisden-re.-nor. Name ofvend s a business relationship with local governmental entity. Check this box If you are filling an update to a previous filed quesboinnallre. A f Iltt jT Itie law requires that you file an updaied completed questionnaire with she appropriate tiling authority not atw �j , than the 7th tusins6s day after the date on which you became aware that the originally filed questionnaire was t incomplo e or mac=ate.) T 3 Name of local yoverrmwt Wiceir&13*ui whom V*lirdommlon In this section Is t*Jng(Nsclowt. Narria of Of icar This section (ilern 3 inc-PAti-rg sjbpwu A, & C,& M, -rvusz b4e camp:atad far each officer with whom tt*vendor has an &r"mant or other basi--,ish relationsti?as dafiried by Sectx-m 176.001(1-a).Local Government Gode. Attach additional pages to this Form CIO as necamry, A. Is ltie l^^zal government officer rra m. -o ir,mhs ss-,ton r&rx4virig or Aek, To re pv,&twat*mtame-otter thin,in-vestment ;nco-e, from tt-.,e ver�orl B. is M vendor rero4jng or likt*, to receive taxallo inoorm,ot!-ictr than invemnont income,from of at the direction of the local giovernment offic-or named in this wtiori AND Ift taiiabW income is not Foce yod moan the Ix-al goveirnrnonW on*? E:] ,vCs ---1;.- F , No 1(11A C. Is 9* fi!qr of ft's G,-,IPL.Jyed bir a co:pafat-on or a7h.mg,? busy,-Wss 2rfity with respect to wNcli, ft local govammew,offi�r sepros as.-n of Yen or direc sx or holift an ownership interes*or one percent of mrs? F—] Ye. = No /t/1A D. Describe each employment or business and family relahansNp with the Ica al govemmerd officer named in this section 7/ e7l Siena venom dmi,. fi-�9ave4r.r,*r.1al entity Acloptco E 7 2015 ATTACHMENT B-VENDOR CONTACT INFORMATION Vendor's Name: e Llt / Vendor's Local Addresss: cP� Phone: a/7—o2(1(/0 338 3 Fax: /7 -2M-0,311 Email:- Name of person"tocontact when placing an order or billing questions: Name/Title e / Phone: !' - Fax: Email: Name/Title� �r7 t�DIAt?h , �K. �0) G�1" N)n i(1 Phone: 17-bqa-k6j S _ Celt Fax: (-7 lb - 03 11 Emaii: �� enC� acc cD r -, Name/Title add O) CC1 e � �(�Q� ®�f�rein In (sU�fV Phone: V Fax: Email: 61 ta A,f.4'_ Sig re Printed Name Date ATTACHMENT C-REFERENCE SHEET Please complete and return this form with your bid. The Vendor shall furnish references for at least three(3)recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name S Name of Contact Title of Contact Present Address (n City, State,Zip Code Telephone Number S-71V7Fax Number( ) Email 2. Company's Name Name of Contact Title of Contact N C �+ Present Address y City, State,Zip Code u Telephone Number ( J ) 9 _ �a Fax Number( ) Email 3. Company's Name P Name of Contact Title of Contact l Present Address City, State,Zip Code Telephone Number (Q ) ^^� Fax Number( ) Email ATTACHMENT D-CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids,to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office?If yes, identify address: and sdtA l\ rk 8 b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth"shall mean payable at the Fort Worth office. [must exceed 50%] [�"� 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees?_c-�)3 b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly-established)?_ •#( r�pJ 1'3 te 0,V Certification of information: 4 The undersigned does hereby affirm that the information supplied is true and correct as of the date here f, under penalty of perjury. '!/ ( y Name) V (Date) I-,— ___ �C, ?,p 1�, " --. �/25 mjn (S ature) (Printed Name and tle) ATTACHMENT—G DETAILED SCOPE OF SERVICES/SPECIFICATIONS Scope of Work—Bulk Chlorine Tank Testina and Inspection This contract will cover the one-time testing and inspection services for the following four liquid chlorine bulk storage tanks: • Hydrostatic test of the vessel—per ASME requirements(1.5X design pressure)—one hour hold time. • Tank shell and head ultrasonic thickness measurements—record readings and show graphically on tank drawing • Visual internal physical inspection of the tanks—incorporate pictures into report • Dry purge and dewpoint check to minus 40 degrees F or lower. • Provide final report with all test data and inspection observations • Inspection of tanks to be performed by a certified pressure vessel inspector Location Eagle Mnt.WTP Eagle Mnt.WTP Rolling Hills WTP Rolling Hills WTP 6801 Bowman Roberts 6801 Bowman Roberts 2500 SE Loop 820 2500 SE Loop 820 Tank Serial Number SN#68587 SN#62039 SN#62536 SN#68586 Date Last Tested 2014 2014 10/2014 4/2014 Manufacturer Ace Buehler Ace Buehler Ace Buehler Ace Buehler Date of Manufacture 1986 1983 1983 1986 Des. Working 225 psi 225 psi 225 psi 225 psi Pressure Code ASME Section 8,Div.I ASME Section 8, ASME Section 8, ASME Section 8, Div. 1 Div. I Div. I Shell thickness in 0.625"min. 0.625"min. 0.625"min. 0.625"min. Head thickness in 0.625"min. 0.625"min. 0.625"min. 0.625"min. Tank Volume 5,000 gallons 5,000 gallons 5,000 gallons 5,000 allons Project Access: Access to both the Rolling Hills Water Treatment Plant and the Eagle Mountain Water Treatment Plant will be via the main security gate. Contractors shall show the security guard their driver's license in order to access the plants. Proiect Duration: We would like work to be completed as quickly as possible. From the date of the notice to proceed,we would like the testing to be completed within 45 calendar days. The testing of the two tanks at the Eagle Mountain WTP can't be performed simultaneously,as the plant must remain in service. Payment: Payment will be made to Contractor upon completion of the work and submittal of completed report to the City for its records. Required Insurance: See standard city purchasing terms and conditions. Bid Proposal: ` Perform Inspection and testing of four 5,000 gallon bulk chlorine storage tanks � e See Q�c�l h � iY1LL�Y� TOTAL BID—Inspe 'on a testing of four 5,000 gallon bulk chlorine storage'"tttanks,with two located at the Eagle Mountain Water Tr atment P and two located at the Rolling Hills Water Treatment Pla t. Date and Signature: Fo- Two RTHS ADDENDUM TO THE REQUEST FOR QUOTE CHLORINE BULK STORAGE TANK TESTING CITY OF FORT WORTH PURCHASING DIVISION Addendum No. 1 Date Issued:April 29,2019 Request for Quote(RFQ): 19-0136 Revised Quote Due Time:4:00pm May 3,2019(local time) Addendum No. 1, is hereby extending the quote submission due date as stated above All other terms and conditions remain the same. 0 _'z i� L�--2.+ ��Cynthl—a"Ga'rcla,Assistant Director ■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr�rrrrrrrrrr urrrrrrrrr By the signature affixed below,Addendum No. 1 is hereby incorporated into and made part of the above referenced RFQ. y _ COMPANY NAME SIGNATURE: NOTE: Company a:and�s`=gnature must be the same as on the quotation documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. Bolli Specialized Worth, h,Tger6108 Fort Worth,TX 76108 © n�+ 817.246.3338 Office Response 817.246.0311 Fax Solutions 877.506.002524 Hour Emergency An f�WY ' .co�,w�, 11 v7 www.specializedresponse.com "Safe Solutions for Hazardous Situations" Explanation of Scope of Services for Bid 19-0136 The services that Specialized Response Solutions will provide for Bid 19-0136 are as follows. SRS will perform these activities for Verification: SRS will Verify the hydro-test and will provide the inspector for internal inspection and ultrasound tests. We will verify nitrogen pressure test and will verify the dew point testing. SRS will also provide a written report after completion of each tank. The City of Fort Worth will perform these activities: Degas the tanks, fill tanks with water for hydro test, cleaning the tank, removing and replacing valves and gaskets, rebuild pressure plate assembly, dew point testing. Name: W Title/Date: Sp@C9alized Raspcpase% yt.. Solutions �+ �= - Jason Holden 411. for Blvd. Sr.Project Manager Fort WDM,TX 76106 j 817.246.33M office ! 81 7.246.0311 fax 817.692.6613 mobile I jholdenospecializedresponse oom www.specializedresponse.com r ? f - SPOCiallized 1R "pgnse Solutidns Rom Sheila Peltier Blvd,, Adminkftoe Assistant '; Fart i ,TX 7(1108 817:246.3308 office 817.372 2139.mob16e w'�'w,4Ve[f•�adreePana�,c�rn Page 1 of 2 DATE(MMIDD/YYYY) ACCM0 CERTIFICATE OF LIABILITY INSURANCE 03/14/2019 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 C NTAC NAME: Willie of New York, Inc. c/o 26 Century Blvd IAICPHONE 1-877-945-7378 �C No: 1-888-467-2378 P.O. Box 305191 ADDRIESS: certificatest$willis.com Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAICN INSURERA: Zurich American Insurance Company 16535 INSURED INSURER B: Specialized Response Solutions, LP 411 Bollinger Blvd. INSURERC: Fort Worth, TX 76108 USA INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:W10448688 REVISION NUMBER: 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 ADDTYPE OF INSURANCE INSD SUER POLICY NUMBER MM/DD/YYYY MCY EFF MIDD Y EXP LTR /YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 7--� DA AGE TO RENTED CLAIMS-MADE OCCUR PREM SES Ea occurrence) $ 1,000,000 A MED EXP(Any one person) $ 25,000 Y Y GPLO122451-02 03/16/2019 03/16/2020 PERSONAL BADVINJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY�PRO- LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 11000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED BAP0122462-02 03/16/2019 03/16/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLA LIAB �J OCCUR EACHOCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE SXS0122454-02 03/16/2019 03/16/2020 AGGREGATE $ 10,000,000 DIED I I RETENTION$ $ WORKERS COMPENSATION X ER OTH- AND EMPLOYERS'LIABILITY Y STATUTE ER A ANYPROPRIETOR/PARTNER/EXECUTIVE - E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCI-t. No N/A WC0122459-02 03/16/2019 03/16/2020 1,000,000 (Mandatory In NH) E.L.DISEASE-IA EMPLOYEE $ If yes,describe under 11000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Contractors Pollution Liability GPLO122451-02 03/16/2019 03/16/2020 Each OCc $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth AUTHORIZED REPRESENT�AITIVE 1000 Throckmorton Street �y Fort Worth, TX 76102 i� ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 17650179 BATCH: 1109969 AGENCY CUSTOMER ID: _ LOC#: A�® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis of New York, Inc. Specialized Response Solutions, LP 411 Bollinger Blvd. POLICY NUMBER Fort Worth, TX 76108 USA See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 I EFFECTIVE DATE:See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: certificate of Liability Insurance Re: Bid#11-0355 - Sodium Hypochlorite. Certificate holder is included as additional insured where required by written contract with respect to General Liability and Auto Liability. Waiver of Subrogation is applicable where required by written contract with respect to General Liability, Auto Liability and Workers' Compensation. INSURER AFFORDING COVERAGE: Zurich American Insurance Company NAIC#: 16535 POLICY NUMBER: GPLO122451-02 EFF DATE: 03/16/2019 EXP DATE: 03/16/2020 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Professional Liability Each Claim $1,000,000 Aggregate $2,000,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 17650179 BATCH: 1109969 CERT: W10448688 THE CHLORINE INSTITUTE PWO 1300 Wilson Blvd., Suite 525, Arlington, VA 22209 UNNI �m Tel 703-894-4140 Fax 703-894-4130 www.chlorineinstitute.org April 8, 2019 Ms, Sheila Peltier Specialized Response Solutions 411 Bolliger Blvd. Fort Worth,TX 76108 RE: SRS Chlorine Institute and CHLOREP Membership Status Ms. Peltier, This letter is to provide confirmation that Specialized Response Solutions (SRS) is a current participant of the Chlorine Emergency plan (i.e. CHLOREP). SRS has been an active Chlorine Institute (Cl) member since 2001, and has been a verified CHLOREP Level 3 hazardous materials emergency response contractor since that time. SRS has always been in good standing as a CI member and CHLOREP participant. Please feel free to contact me should you have any questions or require additional information to confirm your status as a Cl member and CHLOREP participant. Sincerely, Robyn Kinsley Vice President,Transportation & Emergency Preparedness ATTACHMENT C VERIFICATION OF SIGNATURE AUTHORITY (executed copy attached behind this page) Page 10 of 10 Contractor Services Agreement ATTACHMENT C VERIFICATION OF SIGNATURE AUTHORITY Specialized Response Solutions,L.P. 411 Bollinger Blvd. Fort Worth,Texas 76108 Contractor 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 Contractor and to execute any agreement,amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order,resolution, ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Contractor. 1. Name:�i2ey?,b tin: V. P, rDped.44jg,-4s(-SpeCealVtaf"Ms Gfoup Sig re 2. Name: J A5^"j4°«eAJ Position: 5e:or prol4j A'IAR./i�aT" Siginature pp 3. Name: r �`�eV�" g✓'eeC Position: s A AA Sigitature ame• e of B; /VP Other Title: Date: (W 7/I q ITB No. 19-0136 Chlorine Bulk Storage Testing Page 1 of 1 Contractor Services Agreement