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HomeMy WebLinkAboutContract 53592 ' CITY SEC RE IARY OOtNTRAC i NO. ` CONTRACTOR SERVICES AGREEMENT GENERATOR T012 MA�INTENANCE,AND REPAIR No.20- 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 M.G. Lrm uipment Company, LP ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized blftd-Taa-, w—raL. 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_.Standard Terms and Conditions,Parts I and 11; 2. Attachment B -The City's Invitation to Bid ("ITB"), excluding Part V,Attachments E and F thereto; 3. Attachment C—Contractor's Response to ITB,specifically fart I-A Bid Solicitation Form; 4. Attachment D—Insurance and Bonds; 5. Attachment E-Verification of Signature Authority Form. Attachments A-E, are incorporated herein and made a part of this Agreement for all purposes.In the event of any conflict between the terms and conditions of Attachments A - C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES Contractor hereby agrees to provide Generator Maintenance and Repair for the City of Fort Worth on as needed basis as per Attachments B and C which more specifically describe the services to be provided hereunder. 2. TERM This Agreement is effective as of the date subscribed below by the City's designated Assistant City Manager ("Effective Date") and shall expire on the immediately following September 30", ("initial Term"):Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to four (4) one-year renewal periods (October I to September 30) and for a fifth renewal period which shall expire on the month and day of the Effective Date creating a five year total duration. City may elect or Contractor may request a non-renewal by providing the other party with notice of same at least 60 days before the expiration of the Initial Term or any renewal period. 3. COMPENSATION City shall pay Contractor in accordance with the provisions of this Agree nt and Attachment B. Total payment made under this Agreement per term shall be the amount $ O.flt mo ("Contract Amount"). Contractor shall not perform any additional services or bill far 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. LL RECORD GENERATOR MAINTENANCE&REPAIR SERVICES C—jj—MRYContractor Services Agreement ;O _ 4. TERMINATION/CANCELLATION Termination: The City reserves the right to terminate this agreement, or any part hereof, with or without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of Termination"specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the reasonable satisfaction of the City, incurred as a result of the termination. In no event shall the total of all amounts paid to the Contractor under this section exceed the price stated in the Agreement. The Contractor shall not be reimbursed for any profit which may have been anticipated, but which have not been earned up to the date of termination. Cancellation: City shall have the sole right to cancel this contract prior to the commencement of work should there be a change in the need for the product or services as determined by the Department Head or his/her Assistant City Manager. Non4ppIp riation 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 YTB No.':04' GENERATOR MA.JINTENANCE&c REPAIR SERVICES Page 2 050 Contractor Services Agreement 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 respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor. Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 7. LIABILITY AND INDEMNIFICATION LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEE, $. 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 eertificate(s) of insurance documenting; policies of the types and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect prior to commencement of any work pursuant to this Agreement as provided for in Attachments D and D- 1,attached hereto and incorporated herein. 1 GENERATOR MAINTENANCE&REPAIR SERVICES Page 3 of 50 Contractor Services Agreement 10. COMPLIANCE WITH LAWS,_ORDINANCES,RULES AND REGULATIONS Contractor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations as set forth in Attachment A, Part II, Section 14. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. 11. NON-DISCRIMINATION COVENANT Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including Chapter 17, Article III, Division 3 of the Fort Worth Code. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 12. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by electronic means with electronic confirmation of the transmission, or(3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To CONTRACTOR: City of Fort Worth Colactor bustess name /J Attn: .'foject manager/Buyer's Name and Title (�. � c�MfWr . 200 Texas Street ___�4_ Fort Worth,TX 76102-6314 'p,ab Aw4r,.a -F"XA-S `Iv- s l Email: Phone: i-.Qar ,Zqb Phone: Facsimile: Facsimile: (817)392-8654 Email: I�,ehatc-r. With copy to :Fort Worth City 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.Notwithstanding the foregoing, this provision shall not apply to an employee of either party who independently responds to a general solicitation of advertisement of employment by either party. U H Nc-.N'21" GENERATOR MAINTENANCE&REPAIR SERVICES Page 4 of 50 Contractor Services Agreement I I t 14. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. 15. NO WAIVER The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. GOVERNING LAW I 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. SEVERASILTTY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, acts of the public enemy,fires, strikes,lockouts,natural disasters,wars,riots,material or labor restrictions by any governmental authority and/or any other similar causes. 19. AMENDMENTS/MODIFICATIONS/EXTENSIONS No amendment,modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 20. ENTIRETY OF AGREEMENT This Agreement, including its attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their respective assigns and successors-in-interest, as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 21. WARRANTY Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. Contractor warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices, and in fall 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 `)-(;:!:2-4 GENERATOR MAINTENANCE&REPAIR SERVICES Page 5 of 50 i Contractor Services Agreement Attachment A, fart I, Sections 9-13. All warranty provisions shall survive the expiration of this Agreement. City shall give written notice of a breach of any warranty within thirty (30) days from the date that the cause for same is discovered. 22. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2270,Texas Government Code applies, Contractor: (I) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 23. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 24. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 25. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had an opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or its attachments. 26. COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the saute 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 11- -4i % GENERATOR MAINTENANCE&REPAIR SERVICES Page 5 of SO Contractor Services Agreement I f proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Contractor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Attachment E. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. ACCORDINGLY, the parties hereto have duly executed this Agreement and established the Effective Date as being the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH: CONTRACTOR: By: By: � -- - Naixz : ana B ghdo Na e:...6� Title: Assis City anager Title: Date: Fa,�, 1 t� Zo 20 Date: -7 - - --- - APPROVAL RECOMMENDED: By: , Name: Chris Harder Title: Water Department Directo "�,� xvg. ATTEST: By-- anre: kalki.WyseP Title: City Secretary ......... APPRO A O ORM AND LEGALITY: ONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I aryl the person By: responsible for the monitoring and Name: oug as lack administration of this contract, including Title: Sr.Assistant City Attorney ensuring all performance and reporting CONTRACT AUTHORIZATION: requirements. M&C: '7a- -_- Date: 2--1 1295#ate By: � 4 1 0a, 42- N e:Mart' hillip Title: Engineering Manager � L RECORD SOW SECRETARY ORTHe 7X 11 `.c.2[.- , •,C114BRATORNUINTENANCE&R.EPAIIt SERVICES Cantraetor Services Agreement ATTACHMENT A PART-I SPECIFIC TERMS AND CONDITIONS 1.0 CHANGE IN COMPANY NAME OR OWNERSHIP The Contractor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter.A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 2.0 INVOICING REQUIREMENTS 2.1 All invoices should be submitted directly to the contracting Department. It is the responsibility of the Contractor to obtain the name and contact information of the Department's project manager to whom invoices shall be submitted. 2.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Contractor's name, phone number/email address, federal tax identification number, IT$/R.FQt number, invoice number, address, date,service or item description,unit price, extended cost, and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Contractor for correction and re-submittal. 2.3 Under no circumstances will the City be responsible for goods or services provided without an Agreement signed by an authorized city representative. 3.0 UNIT PRICE ADJUSTMENT 3.1. The unit prices may be adjusted for increases or decreases in Contractor's cost during a renewal period but not before the effective date of a renewal and only upon written request from the Contractor. 3.2 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. 3.3 If the City does not accept the proposed rate increase,the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. 3.4 Prices bid or adjusted with a renewal, shall remain firm for each correlative term of the Agreement. 3.5 Upon expiration of the Agreement terra, the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid an agreement, not to exceed ninety (90) days_ Contractor will be reimbursed for this service at the prior agreement rate(s). Contractor shall remain obligated to the City under all clauses of this Agreement GENERATOR.MAINTENANCE&REPAIR SERVICES Page 8 of 50 Contractor Services Agreement I that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 3.6 Goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to the City. 4.0 QIIANTITIES The quantities listed on the Part I-A Bid Solicitation Form are estimates and do not indicate intent to purchase a certain amount or any amount. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 5.0 INSURANCE AND BONDING REQUIREMENTS Insurance requirements are found in the Agreement,Attachment D. A valid certificate of insurance shall be provided with the signed Agreement. Failure to provide such information within five(5)calendar days thereof may be grounds for termination of the Agreement. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. in the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. Bonding requirements are described in the Call, Part 11, Section 9.2. If said bonds are required, the forms will be attached to the Agreement as Attachment D-1. 6.0 COMPLAINTS Complaints processed through the City Purchasing Division are to be corrected within fourteen (14) days of formal notice of complaint.Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the cancellation of the applicable line item(s)in the price agreement. 7.0 SUBCONTRACTING Subcontracting of the work under this Agreement will be allowed provided Contractor notifies the Project Manager at least 24 hours in advance. If Contractor intends to engage a subcontractor(s) to perform any of its obligations herein, subcontractor(s) shall agree to be bound by the duties and obligations of Contractor under the Contract as such duties and obligations may apply.Contractor shall, upon request,provide City with a fully executed copy of any agreement making such subcontract. 8.0 DELIVERY 8.l Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses, freight,mileage, time, or similar items will be accepted or paid by the City. 8.2 There may be instances when the Contractor may be asked to accelerate delivery of an order or services due to extenuating or emergency circumstances. When this occurs, the Contractor will be expected to provide this service at no additional cost. GENERATOR KAINTENANCE&REPAIR SERVICES Page 9 of SO Contractor Services Agreement 8.3 In the event the Contractor is unable to meet the original delivery date(s), the City must be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be grounds for canceling order(s) or services, or the entire Agreement. 8.4 Delivery tickets must include the City's Blanket Order Number and the ordering department's Release Number. 8.5 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to the City. If the item (s) are not picked up within one (1) week after notification, the item shall become a donation to the City for disposition. 8.6 Material Safety Data Sheets(if applicable) 8.6.1 A Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to Revised Statutes Annotated (RSA) Chapter 277-A (277-A), shall accompany each delivery. Delivery of toxic or hazardous substance or mixtures containing such substance without MSDS sheets shall not be accepted. Delivered containers shall be properly labeled pursuant to RSA 277-A. 8.6.2 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277 A, shall place the Contractor in non-compliance and shall result in civil or criminal penalties, The Contractor furnishing substances or mixtures subject to RSA 277-A, is responsible for adhering to and being in compliance with this law. Failure to comply with RSA 277-A, shall result in the cancellation of an order. 9.0 WARRANTIES 9,1 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 9.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Contractor or any supplier at any tier. 9.1.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines "prompt" repair or replacement to be within twenty- four(24) hours after notification by authorized City personnel, 9.1.3 This warranty shall continue for a period of 94 days from date of acceptance of products and work by the City. 9.1.4 The Contractor shall remedy at the Contractor's expense any non-conforming or defective products or work. In addition, the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth, when that damage is the result of a defect of products furnished. 9.I.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 0 ,20-:I,24 GENERATOR MtN'TENANCE&REPAIR SERVICES Page YU of5Q Contractor Servkes Agreement 9.1.6 The City of Fort Worth shall notify the Contractor, within a reasonable time after the discovery of any failure,defect,or damage. 9.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure,defect, or damage at the Contractor's expense, 9.1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 9.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract,the Contractor shall; 9.2.1 Obtain all warranties that would be obtained in normal commercial practice; 9,2.2 Enforce all warranties for the benefit of the City of Fort Worth. 10.0 PRICE W 10.1 The price to be paid by City shall be that contained in Contractor's proposals which Contractor warrants to be no higher than Contractor's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase.In the event Contractor breaches this warranty, the prices of the items shall be reduced to the prices contained in Contractor's proposals, or in the alternative upon Contractor's option, Contractor shall have the right to cancel this contract without any liability to Contractor for breach or for Contractor's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Contractor may have in law or equity. 10.2 Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage,brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Contractor for the purpose of securing business.For breach or violation of this warranty, City shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee,or otherwise to recover the full amount thereof. 11.0 �I K--T W I�BANTY Contractor shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Contractor. Contractor warrants that the goods furnished will conform to City's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Contractor, if any. In the event of a conflict between City's specifications,drawings,and descriptions, City's specifications shall govern. 12.0 SAUT,Y.��8 Contractor warrants that the product sold or services provided to City shall conform to the standards promulgated by the U.S.Department of Labor under the Occupational Safety and Health Act(OSHA) of 1970, as amended. In the event the product or services do not conform to OSHA standards, City may return the product for correction or replacement at Contractor's expense or City may terminate the contract. In the event Contractor fails to make appropriate correction within a reasonable time, any correction made by City will be at Contractor's expense. Where no correction is or can be made, Contractor shall refund all monies received for such goods or services within thirty (30) days after GENE,RATOR MA.INT'ENANCE Sc REPAIR SERVICES Page 11 of 50 Contractor Services Agreement request is made by City in writing and received by Contractor. Notice is considered to have been received upon hand delivery, or otherwise in accordance with the Notice provisions of this contract. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 13.0 13.1 If applicable to the services being provided, the CONTRACTOR warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,")do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights,in the performance of services under this Agreement. 13.2 If applicable to the services being provided, CONTRACTOR shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright,trademark,service mark,trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s) hereunder. 13.3 If applicable to the services being provided, CONTRACTOR agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney' fees, any claim or action against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof,in accordance with this Agreement,it being understand that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as CONTRACTOR bears the cost and expense of payment for claims or actions against the City pursuant to this section S, CONTRACTOR shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with CONTRACTOR in doing so.In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, CONTRACTOR shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give CONTRACTOR timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate CONTRACTOR's duty to indemnify the City under this Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, CONTRACTOR shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or(b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to CONTRACTOR, terminate this Agreement, and refund all amounts paid to CONTRACTOR zrR? 'T-nn'l GENERATOR MAWTENANCE&REPAIR SERVICES Page 12 of50 Contractor Services Agreement by the City, subsequent to which termination City may seek any and all remedies available to City under law. 14.0 SAFETY The Contractor shall be responsible for creating and maintaining its own safety plan meeting all federal,state, county or city laws,ordinances and regulations. 15.0 HAZARDOUS CONDITIONS The Contractor is required to notify the City immediately of Contractor's discovery of any hazardous conditions during performance of the services. City may suspend contractor's work for such reasonable time as is necessary to evaluate the possible hazardous conditions and to develop a plan for managing same. Contractor and City may negotiate a change order, if necessary, for Contractor to continue its work if the original conditions have materially changed due to the discovery of hazardous conditions. GENERATOR MAUSTENANCF.&REPAIR SERVICES Page 13 of SO Contractor Services Agreement PART-II GENERAL TERMS AND CONDITIONS 1.0 DEFINITION OF CITY The City of Fort Worth, its officers, agents, servants, authorized employees, contractors and subcontractors who act on behalf of various City departments,bodies or agencies. 2.0 _—._. F C +_LTRA-CTQR The consultant, service provider(s), supplier, or other provider of goods and/or services, its officers, agents, servants, employees, contractors and subcontractors who act on behalf of the entity which is engaged in a contract with the City. 3,0 PUBLI Any information submitted to the City of Fort Worth may be requested by a member of the public under the Texas Public Information Act. If the City receives a request for a Contractor's proprietary information, the Contractor Iisted in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Contractor believes that its information may not lawfully be released. If Contractor does not make arguments or the AG rejects the arguments Contractor makes, Contractor's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONALPL E9RST N C0NC&AM No officer or employee of City shall have a financial interest, direct or indirect,in any contract with City or be financially interested, directly or indirectly, in the sale to City of any land, materials, supplies or services, except on behalf of City as an officer or employee.Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 ORDERS 5.1 No employees of the City or its officers, agents, servants, contractors or subcontractors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the City.The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the City's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Contractor without an approved contract number, purchase order number, or release number issued by the City may result in rejection of delivery,return of goods at the Contractor's cost and/or non-payment. 6.0 CONTRACTOR TO PACKAGE GO_ If applicable to the scope of work, Contractor will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Contractor's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box I of 4 boxes; and(d)Number of the container bearing the packing slip. Contractor shall bear the cost of packaging '.TB N-. ?i: GENERATOR MAINTENANCE&REPAIR SERVICES Page 14 of 50 Contractor Services Agreement I unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 SWEMENT UNDER RUMATIONPROHIIiITF.� Contractor is not authorized to ship the goods under reservation,and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS If applicable to the scope of work, the title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 PLACE OE per, If applicable to the scope of work,the place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order,or release order. 10.0 RMULDUBMICTM If applicable to the scope of work, City shall have the right to inspect the goods upon delivery before• accepting them. Contractor shall be responsible for all charges for the return to Contractor of any goods rejected as being nonconforming under the specifications. 11.0 { F' � F ..IC SI1LE TO CONTRACTOR If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software.This software is"proprictary"to Contractor, and is licensed and provided to the City for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Contractor;however City may make copies of the software expressly for backup purposes. 12.0 OWNERSIM OF WORK_:PRODUCT If applicable to the scope of work,Contractor agrees that City shall be the sole and exclusive owner of all reports,work papers,procedures, guides, and documentation, created,published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyzightable aspect of the Work Product shall be considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work- made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien, for balance due, or rights of retention thereto on the part of City. Contractor for itself and on behalf of its contractors hereby waives any property interest in such Work Product. 13.0 NFTWORKk CCESS rrc s=,. arr GENERATOR MAINTENANCE&REPAIR SERVICES Page 1s ofso Contractor Services Agreement The City owns and operates a computing environment and network (collectively the "Network"). If Contractor requires access, whether onsite or remote, to the City's network to provide services hereunder,and the Contractor is required to utilize the Internet,Intranet, email, City database, or other network application, Contractor shall separately execute the City's Network Access Agreement prior to providing such services.A copy of the City's standard Network Access Agreement can be provided upon request. 14,0 LAWS,REGULATIONS,ANT)ORDINANCES The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws,ordinance and regulations; County: laws,ordinances and regulations; and City: laws,ordinances, and regulations for safety of people,environment, and property.This includes,but is not limited to,all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 15.0 ORATION NATIONAYMY Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 16.0 SEAL{TH. - ,1yli'Ii+NTA ,12FOi_TfRFMFNTS, Services, products, materials, and supplies provided by the Contractor must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Contractor agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Contractor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the light to immediately terminate this Agreement for violations of this provision by Contractor. 17.0 W.G Ai7DTT Contractor agrees that the City, or City's authorized representative, shall, until the expiration of tbrec (3) years after final payment under this contract, and at no additional cost to City, have access to and the right to examine and copy any directly pertinent boobs, computer disks, digital files,documents,papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access, during normal working hours, to all necessary Contractor facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. City shall pay Contractor for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. ��.•_ ra GENERATOR MAINi'ENANCE&REPAIR SERVICES Page 16 of SO Contractor Services Agreement The City shall give Contractor reasonable advance written notice of intended audits, but no less than ton(100)) jbusiness days. 18.0 P-I$AR l� In accordance with the provisions of the Americans With Disabilities Act of 1990(ADA),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above- referenced laws concerning disability discrimination in the performance of this agreement. 19.0 TIME TO CURE/DISPUTE RESOLUTION 19.1 If either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first provide a reasonable time to cure and then attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute.Within ten(10)business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference,in person meetings,or other reasonable means to cure,resolve any claim, dispute,breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to cure or resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect.If the parties cannot resolve the dispute through mediation, then either parry shall have the right to exercise any and all remedies available under law regarding the dispute. 19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure any deficiency. 19.3 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the appropriate Department Head who may take appropriate action to cure the performance problem(s). 19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of Contractor's receipt of notice of same. 19.5 The Contractor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become,due and owing to the City. GENERATOR MAINTENANCE_&REPAIR SF yICES Page 17 of 54 Contractor Services Agreement ATTACHMENT B CALL FOR BIDSTROPOSALS PARTS I-IT (Inserted behind this page) GENERATOR MNTF,NANCE&]REPAIR SERVICES Page IS of50 Contractor Services Agreement GENERATOR MAINTENCE&REPAIR SERVICES SPECS 1.0 SCOPE 1.1 The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for generator maintenance and repair to repair and/or maintain City owned equipment on an as needed basis for City Departments. 1.2 The awarded vendor,hereinafter referred to as"Contractor,"shall provide all equipment,materials,personnel,tools and parts necessary to perform repairs and scheduled maintenance to City-owned generators 24 hours a day, seven days per week,including holidays. 1.3 All items shall be new,unused and suitable for their intended purpose. 1.4 These services shall be performed on,but not limited to,the generators listedon Attachment B -Locations of Generators. 1.4.1 The City reserves the right to add or delete generators and/or locations. 1.4.2 As new generators are purchased,they will be placed on this agreement through an addendum for the maintenance and repairs not covered under manufacturer's warranty and/or guarantee and when warranties and/or guarantee expire. 1.5 All fees and charges shall be included in the unit cost,no additional charges will be paid by the City. 1.6 Items shall be delivered within 48 hours from order being placed,There may be instances where a Department will need the items on the same or next day due to repairs needed for an event. The Department shall also have the ability to pick up the item(s)from the Vendor. 1.7 The Vendor shall convert their pricing to the unit of measure listed on the bid offer sheet.Vendor may submit clarification on pricing on a separate document with their bid response. 1.8 There may be duplicate items on the bid offer sheet. 19 Preventative Maintenance PM -See Attachment A—Additional Specifications of Preventative Maintenance for additional maintenance requirements. 1.9.1 Contractor shall contact the responsible department to set up PM schedules. 1.9.2 Maintenance shall be scheduled during regular hours (8:00am to 5:00pm). 1.9.3 Maintenance shall include and be in accordance with manufacturer's recommended guidelines and Attachment A Additional Preventative Maintenance,but not limited to: 1.9.3.1 Check fuel level and drain separator and add fuel additive,as applicable. 1.9.3.2 Change on an as needed basis: motor oil,oil filter, air filter, fuel filter,belts,hoses,and/or antifreeze 1.9.3.3 Perform analysis on oil(annually),fuel and coolant 1.9.3.4 Replace ignition parts(gas-gasoline units only) 1.9.3.5 Test all safety shutdowns GENERATOR MAINTENANCE&REPAIR SERVICES Page 19 of 50 Contractor Services Agreement 1.9.3.6 Visual inspection of entire generator for signs of damage,leaks and corrosion 1.9.3.7 Load Bank Testing-- 1.9.3.7.1 A minimum two-hour load bank test shall be performed on each of the generators at the time of the PM 1.9.3.7.2 Load Bank equipment rental costs and personnel costs shall also be included in PM. 1.9.3.7.3 Load Bank and PM should be performed at different times. 1.9.3.8 Test Results— 1.9.3.8.1 Contractor shall provide to the City a copy of all test results upon completion of PM,to include,but not be limited to fitel, oil and coolant analysis,and safety shutdowns. A copy of the results shall be provided to the City within five(5)business days. 1.10 Repairs, 1.10.1 The Contractor will perform all repair work necessary to ensure the proper function,and operation of equipment provided of all systems.All repairs must be performed to meet the most recent,applicable codes, laws,and regulations. 1.10.2 The Contractor must complete repair and for identify repairs needed ofthe equipment within eight(8)hours after arrival with the following exceptions: 1.10.2.1If additional parts are required from outside a 100-mile radius of the equipment location,then repair should be completed within 24 hours for emergencies and 72 hours for routine situations. 1.10.2.2If a public utility is involved and does not respond in a timely manner,then repair must be completed within four(4)hours of the public utility fixing their problem. 1.10.2.3Restoration of service following a catastrophic event such as fire(s), storm(s),earthquake(s),theft,intentional or accidental damage,shall be on the same basis as an emergency interruption with around-the- clock effort until fall service is restored. 1.10.3 If during the emergency repair of a generator,the City determines arental generator is required,Contractor shall provide a rental unit until the City's generator is repaired and fully functional. 1.10.3.11n addition„Contractor shall supply rental generators if an emergency arises that requires the use of a rental generator. 1.10.3.2A11 rentals shall be approved by an authorized City employee. 1.10.3.3A11 rentals shall be billed at the Contractor's costs as bid. 110.3.4The City reserves the right to obtain rental generators elsewhere ifit serves the best interest of the City to do so. GENERATOR MAINTENANCE&REPAIR SERVICES Page 20 of 50 Contractor Services Agreement 1.11 Engineering Chan e(EQ 1.11.1 The Contractor shall advise the City within thirty(30)days of EC made available by the equipment manufacturer.The City reserves the right to agree or disagree to the installation of the EC at the time of notification.When City agrees to installation,the following applies: 1.11.1.1The equipment manufacturer,or designated representative, shall install EC within ninety(90)days of acceptance by City Contract Administrator. 1.11.1.2EC shall be authorized by the issuance of a purchase order separate from this contact. 1.11.1.3At any point during the Agreement term,at the request of the City, Contractor agrees to estimate and provide a quote to the City for coststo update all equipment to current EC levels. 1.1 L1.4EC levels shall not be interpreted to include generator replacement dueto obsolescence. 1.11.1.sConrractor agrees to replace,at the City's request,any partsinstalled during the service period that were not manufactured by the Original Equipment Manufacturer(OEM). 1.12 Technical Documentation 1.12.1 The Contractor shall maintain necessary technical documentation pertaining to maintenance or service of the listed equipment and any additions to City's inventory throughout the duration of the Contract. 1.13 Malfunction Reports 113.1 Contractor shall complete and furnish a malfunction report for each maintenanceor service call with the invoice and shall include,but not be limited to the following. 1.13.1.1Date and time notification was received; 1.13.1.2Location of the equipment; 1.13.1.3Date and time of arrival; 1.13.1.4Type and model of equipment; 1.13.1.5Time spent for repair; 1.13.1.6Description of malfunction and repair; 1.13.1.7Date and time the equipment is made operational; 1.13.1.8Part(s)ordered. 1.13.2 Detailed description of all completed repair work certifying equipment is in working order shall be signed by an authorized City employee at the time the work is performed and shall accompany the invoice for such work. 1.14 Service Records 114.1 In addition to the malfunction incident report(s),Contractor shall maintain complete record of all service performed on each piece of equipment, including all parts replaced.The service record shall be an individual record GEM ATOR MAINTENANCE&REPA€R SERVICES Page 21 of50 Contractor Services Agreement identifying each piece of equipment explicitly,with a complete history of service and all parts used.All service records and all test results shall be furnished to the City for review. 1.15 Response Times 1.15.1 Contractor shall respond to normal service requests within eight(8)hours or bythe time agreed upon by the authorized City employee and Contractor. 1.15.2 Contractor shall be on site within four(4)hours when emergency services are requested or by the time agreed upon by the authorized City employee and Contractor. 1.16 Hours of Service 1.16.1 Regular hours shall be from 8:00 A.M.to 5:00 P.M.,Monday through Friday. 1,16.2 Overtime hours shall be from 5.01 P.M.to 7:59 A.M.,Monday through Friday;and all hours, Saturday and Sunday. 1.16.3 Holiday hours shall be all City of Fort Worth observed holidays(New Year'sDay,Martin Luther King Day,Memorial Day,July Fourth,Labor Day,Thanksgiving Thursday and Friday,and Christmas). 1.16.4 Emergency response service will be 24 hours a day, seven(7)days aweek including holidays. 1.17 Estimates U 7.1 Contractor shall provide repair estimates at no charge,if requested by the ordering City division. 117.2 Cost estimates do not have to be exact;however,it should reflect a realistic dollar value comparable to the work requested/needed. 1.17.3 All estimates shall be itemized to show labor costs and material and parts costs. 117.3.IMaterial and parts costs shall be itemized. 1.17.4 The estimate is not considered a firm bid and all jobs must be invoiced according to the contract,i.e.actual hours worked and parts. 1.18 Pricing 1,18.1 Hourly labor rates and percentages bid shall be the delivered price and items shall be delivered with the terms of FOB Destination,Freight Prepaid,and Allowed. 1.18.2 Hourly labor rates for repair will be actual time worked at the City's job site tothe nearest one-quarter hour. 1.18.3 No travel time shall be charged to or accepted by the City except for the one- time trip charge(where applicable). 1.18.3.1A one-time trip charge shall only be charged one(1)time for the same location with multiple generators that may need repair services performed. i 5 u.i G--G,24 GENERATOR MAMNTENANCE&REPAIR SERVICES Page 22 of 50 Contractor services Agreement 1.18.3.2Should a job require more than one trip to complete or obtain parts, etc.an additional trip charge will not apply. 1.18.3.3The City will not accept or pay for Contractor's delays,servicing delays,mileage, freight or parts procurement. 118.4 Parts and materials will be added through an addendum on an as needed basis throughout the agreement,therefore,the Contractor shall submit a pricelist for these items with their bid submittal. 1.18.5 Discounts shall remain firm for the duration of the contract,which includes renewal options. 1.19 Contractor Res onsibilities 1.19.1 Supervision—The Contractor shall, during all periods of contract performance,provide competent supervision of his employees to assure complete and satisfactory fulfillment of the work and the terms of this Contract.The Contractor or a capable,fully authorized representative must be immediately available during all work activities to receive any and all special instructions from the Purchasing Manager or designee. 119.2 Safety—The Contractor must be thoroughly familiar with all prevailing safety measures pertinent to its operations.This shall include,but not necessarily be limited to Environmental Health Agency(EPA)regulations, Tort Worth City Ordinances, and Occupational Safety and Health Agency (OSHA)regulations.In addition,the Contractor shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 1.19.3 Hazards—The Contractor shall at no time permit placing or use of equipmentin such manner as to block traffic lanes or to create safety hazards.Contractor personnel shall provide appropriate warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel, even to the point of interrupting their own work,if necessary. 1.19.4 Defective Work and Damages—The Contractor shall be wholly responsible forand shall promptly correct or restore all defective work or damages to any/all City facilities caused by its activities.Restoration and correction shall be to the complete satisfaction of the City.This shall apply to any part of a building,its appurtenances,the adjacent grounds, or any other tangible damage incurred inthe performance of the Contract.Failure by the Contractor to proceed promptly with corrective actions may be cause for cancellation of this Contract with amount(s)necessary to correct defective work and/or damage being withheld from payments due or to become due to the Contractor. 1.19.5 Clean Up-The Contractor shall keep City premises free at all tunes from accumulation of waste materials or rubbish.At the completion of the work, the Contractor shall remove all waste and rubbish from and about the work area,as well as tools,equipment and surplus materials,and shall leave the area as clean and free of spots,stains,etc_, as before the work was undertaken. GENERATOR MAINTENANCE&REPAIR SERVICES Page 23 of5Q Contractor Services Agreement 1.19.6 Regulations -Contractor shall comply with all applicable federal, state,and local laws, ordinances,rules,and regulations pertaining to the performance of the work specified herein even if they come into effect after the start of this agreement.All mandates requiring the City to comply with new guidelines will also require the City Contractors to comply. 1.19.7 Performance-Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this contract shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions,but the Contractor's obligation with respect to such performance shall continue in full force and effect. 1.20 Security_and Identification 1.20.1 The Contractor shall abide by all City security procedures,rules and regulations,and shall cooperate with City security/police personnel. 1.20.2 Under no circumstances shall the Contractor assign personnel who are not legally authorized to work in the United States of America. 1.20.2.1If requested,Contractor shall provide I-9 forms for each employee assigned to the City's Contract, and documentation supporting the submission of said forms. 1.20.2.2If requested,Contractor shall provide all,if any,"No-Match"letters from the Social Security Administration. 1.20.3 If requested,a complete list of the Contractor's personnel,including driver license and social security numbers, shall be provided to the Contract Administratorafter approval of award,but prior to the beginning of the Contract period. 1.20.3.1The same information shall be provided prior to the assignment of a new employee. 1.20.4 A Contractor-issued identification badge identifying the worker as an employee of the Contracting firm is required and shall be visibly worn at all time during the performance of work. 1.20.5 Contractor personnel shall wear uniforms which identify the company. 1.21 Ba� ckyound luvestiaations 1.21.1 All Contractor personnel shall have a criminal background check performed prior to being placed on City Contract. 1.21.2 Under no circumstances shall any Contractor personnel having convictions or pending criminal hearings be assigned to the City Contract. 1.21.3 If requested, Contractor shall provide copies of background check(s). 1.22 Drug Screening 1.22.1 Provisions shall be made for drug screening of all Contractor personnel. 1.22.2 If requested,the Contractor shall provide certification that all personnel working in a City facility are drug free prior to their assignment. 1.22.3 Additional drug screening may be requested;the Contractor,at his/her,cost shall have testing performed. (f CAN. 'U-00 GENERATOR MAYNTENANCE..&_REPAIR SERVICES Page 24 of50 Contractor Services Agreement 1.23 Warranty 1.23.1 The Contractor shall provide a warranty to include at a minimum,but not limitedto the following: 1.23.1.1The Contractor's warranty with respect to the products repaired or replaced will Ian for one(1)year from date of repair or replacement and acceptance of such by the City or the manufacturer's warranty, whichever is longer. 1.23.1,2In addition to any other warranties in this contract,the Contractor warrants that all work and products supplied under this contract conforms to the contract requirements and is free from any defect in workmanship, equipment,material,or design furnished by the Contractor or any subcontractor or supplier at any tier. 1.23.1.2.1 The City shall notify the Contractor,within a reasonable time after the discovery of any failure,defect,or damage. 1.23.1.2.2 Contractor agrees to remedy,repair or replace promptly, at Contractor's expense,on a one-for-one basis without additional cost to the City; any and all defective work and products.The City defmcs"prompt"repair or rcplacementto be within twenty-four(24)hours after notification by authorized City personnel. 1.23.1.2.3 This warranty shall continue for a period of one(1)year from date of acceptance of products and work by the City. 1.23.1.3The Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City when that damage is the result of a defect of products furnished. 1.23.1.4if the Contractor fails to remedy any failure, defect,or damage within a reasonable time after receipt of notice,the City shall have the right to replace,repair,or otherwise remedy the failure,defect, or damage at the Contractor's expense_ 1.23.LSThis warranty shall not include failures attributable to accident, fire, or negligence on the part of operating(using)personnel. 1.23.1.6With respect to all warranties,expressed or implied, for work performed and materials furnished from subcontractors, manufacturers,or suppliers under this contract,the Contractor shall: 1.23.1.6.1 Obtain all warranties that would be obtained in normal commercial practice; 1.23.1.6.2 Require all warranties to be executed in writing,for the benefit of City; and 1.23.1.6.3 Enforce all warranties for the benefit of the City. GENERATOR MAINTENANCE&REPAIR SERVICES Page 25 of50 Contractor Services Agreement ATTACIINIENT A ADDITIONAL SPECIFICATIONS OF PREVENTIVE MAINTENANCE All maintenance shall be performed as per the manufacturer's recommendations.If in the event of any conflict,the manufacturer's recommendations shalI.prevail. A trained service representative shall visit a site, as requested by the City,as many times as needed in a year on mutually agreed dates and times to perform preventive maintenance work.All work shall be performed in a safe and professional manner and the work area shall be left in a neat and clean condition. 1.0 STARTING SYSTEM Clean batteries and cables Check and record specific gravity if batteries are lead-acid or,check and record voltage readings if batteries are nickel-cadmium Check for proper starter operation,noting any unusual noises Check for proper cranking motor disconnect Inspect spark plugs,points,cap,rotor, and condenser(where applicable),replace and clean asrequired Check all connections in fuel,oil,cooling,and battery and exhaust systems Inspect magneto and coils(where applicable) 2.0 BATTERY CHARGING SYSTEM Clean all battery terminals,verify integrity of cables and connectors.Apply corrosion inhibitor Check battery charging alternator for proper output Check electrolyte level and fill Load test batteries Hydrometer test batteries Inspect and test battery charger for high and low rate and alarms(if applicable); Check engine alternator; Verify and record output 3.0 FUEL SYSTEM Check engine and supply system for any fiiel leaks • Check operation of day tank pump and float switch Check electrical and piping connections to day tank Drain condensation from fuel water separator Change fuel filters (if applicable) Fuel treatment at City's request to add stabilizer to fuel tanks 4.0 LURE OIL SYSTEM Check engine oil level • Check engine oil pressure Take sample of Tube oil for analysis(once per year) Change Tube oil filter if applicable Properly dispose of used oil filters *There is not a certain brand of oil required,but the specifications need to be SAE 15w-40* 5.0 AIR INTAKE SYSTEM Inspect air intake system including filter condition,crankcase breather,turbocharger,air-box drains, louvers and ductwork(where applicable). Change filter(if applicable) • Listen for any unusual noises from this area -.10-00 GENERATOR MAINTENANCE&REPAIR SERVICES Page 26 oF5O Contractor services Agreement • Insure that air intake flow is not unduly restricted 6.0 EXHAUST SYSTEM Inspect exhaust system including muffler(s)and drain condensation trap.Inspect exhaust flex coupling and piping for leaks and proper operation Verify rain cap operation Check for abnormal vibration noise Inspect spark plugs,plug wires and distributors(gas fueled only) • Visually check exhaust outlet for excessive smoking Visually check crankcase breather for excessive smoking 7.0 ENGINE COOLING SYSTEM Check coolant level-Fill as needed per manufacturer specifications Check for proper amount of anti-freeze Cheek radiator core for obstruction or buildup of foreign matter Check general condition of engine coolant Check for and repair leaks Check.inhibitors(nitrites) Replace coolant filter(if applicable) Check radiator for obstruction and air flow Check for proper operation of louvers, either motorized or gravity(if applicable) Check all belts for wear and proper tension Check all hoses for cracks and brittleness Check jack water heaters and thermostats for proper operation. Take sample of coolant for analysis(once per year) 8.0 SPEED CONTROL SYSTEM Check governor rods and linkage for loose or worn parts • Check governor operation tinder load Tighten loose wiring connection and note any potential problems 9.0 SAFETY SYSTEM - Verify and record oil pressure and water temperature Test all safety shut down circuits and alarms including over-speed,over-crank,low oil pressure,high water temperature, low coolant level,pre-alarms(if applicable) 10.0 AC POWER GENERATOR Make a general inspection of all electrical connections on regulator and generator Grease bearings if necessary Check and adjust voltage regulator Inspect slip rings 11.0 ENGINE CONTROL PANEL Inspect for any loose connections,terminals,hour meter,oil pressure at operation RPM(include hot/cold PSI)voltmeter,water temperature,and ammeter Inspect condition of relay contacts Thoroughly clean control panel Check operation of all lights and replace any indicator lights not working Replace any blown fuses Check operation of main circuit breaker and leave in"READY" position '_;ro GENERATOR MAINTENANCE&REPAIR SERVICES Page 27 of 50 Contractor Services Agreement 3 Verify and record output voltage and adjust regulator if needed Calibrate control meters Verify and record output frequency and adjust governor ifnecessary 12.0 TRANSFER SWITCHES Inspect general cleanliness(interior and exterior) Inspect lugs,terminals and connections;tighten lugs as needed. Inspect wires for chafing Clean contacts Lubricate per manufacturer specifications Check for binding or wear of mechanical linkage Inspect for are damage or contact pitting Verify proper operation of all panel lamps;replace as needed 13.0 GENERAL Carefully inspect engine for leaks or deterioration Make note of any unusual sounds during walk-around inspections Check and adjust voltage and frequency Add engine fluids as required Grease necessary fittings General maintenance on jacket water heaters,engine plumbing,etc. 14.0 FLUID CHANGE One(1)engine oil and oil filter change every 12 month interval Coolants change if applicable 15.0 LOAD TESTING-During load testing,record the readings of thefollowing: Lube oil pressure Water temperature Frequency • Current(all three processes) Voltage(all three processes) Kilowatts • Check auto start--stop move Check operation of transfer switch when requested by the City GENERATOR MAINTENANCE&REPAIR SERVICES Page 28 of 50 Contractor Services Agreement AT T AC"MENT B LOCATIONS OF GENERATORS The below list$various generators That will need serviced.Please note,It does not represent all city-wned generators,The City reserves the right to addldaletegeneratoranoca6onsas the need arises. Item Bldg ame Address Xip Brand Size(KWI Modal Fuel 1 otancc Gardens service Center 3220 Rock Spring Rd 76107 Onan 3D 55SKBL 9300A Kid- 2 City SenAceslESD James Avenue Service Center 5021 James Ave 76115 Generac ~_- 330 _ 5450D4D160 D 3 City SBA4CBsIESDSouthside Offices Oumbus Tri 76111 _ Kdlller J 750 750REOSM6 D 4 Fire and Police 911 Commuolcatians 30DO W Boll St V 78115 Onan 300 DQHA"641821 D 5 Fire and Police Training Center 1000 Calvert 16107 Generac 45 96A0227BS D 6 Fire Light K Air Stop 400 Grand Av _. Onan 2p ,W-- ddMA6774109 NG 7 Fire MMRS 2536 W Bait Sl Onan 1DD __900.1)DGDB D 8 Fire Station Rory 120 N pecan St_ Onan 20 20 —VG — NO 9 Fire Station#02 1000 Chany St DMT 125 DMT 1256 D 10 Fire Station#03 4760 Ramey Av 6 onan 20 2OKWGGDG NO 4f FreStalion#D4 2964 O ars6eld Rd Onan 20 20KWGG5 NG 12 Fire Station#05 1001)EEvans Av 7 t 4 Onan 160 GGLB6515684 NG 13 Fire Station W6 265 Unlvars8y Or onan 20 GGDS57408DO NG 4 Fus ta00n907 925 VloirRsui Rd 76120 .Orion 20 20.OGGDB NGG 15 Fire Station#08 1101 121h St 76114 Onan 42 GGFE 57911 1t32 NG 16 Fire Station#09 2575 Polaris Or 761 a1 Onen 26 GGMA5774109 NO 17 Fire Station 610 _ 3209 Hemphill St 7S Orion 2D GGDB-5668102 NG 18 Fire Station#11 1900 Texan Or 76247 Generac 150 QT15068GNSN NO 19 Fire Station#12 120 NW 22nd St --761br, Onan 20 GGM1 AA5935427 NO 20 VrFStotlon Wia 6333 Lea CresE Ln non 20 _ GGMAG—5935427 NG 21 Pre Station#14 _ 2737 Meadowbrook Dr 76103 Orton 20 '-G A-69�27 NO 22 Fire Station 915 3100 Azle Av 76106 Orion 20 GGfVA-5935427 NG 23 Fires Station#16 5933 Geddes St 76107 1 Orion 20 _ GO -5935427 NO 24 Fire Station#17 212 E Fefor St 75115 Onan 20 GGMA-5935427— NO 25 Fire Statiorl#18 1908 Carkon 76107 Onan 20 GMA694HB16 NG 26 Fire Station#1S 2613 Carnation St 7 Onan 26 GOMASS40818 NG 21 Flre Station#20 901 Woodhaven Blvd 66112 Orion 20 GGMA6948616 NG 2a Fire Station 921 3ol S Hillr 76109 Onan 20 GGMA6948816 NO 29 Fire Slogan 422 4849 4Yllbarger St 76119 Onan 20 GGMA6946816 NO 30 Rw&Dgorr 923 _ � .2501 Portales Dr I76116 Onan 20 GGAW-7612FA1 NO 34 I've Station024 3101 Forest Or T6112 Onan 50 5DDGr.A D 32 Fire Station#25 3801 N Main St 75106 Onan 20 30MAYS42601 N 33 :Fire Station#A 6T24 S.Hulan St 76133 —onan 20 GGMAWW21$ _ NG 34 Fite Statioiri127 2940 Precinct Una Rd Ct 76,itt1 Generac .150 OTME9011,15YA D 35 Fro Station#28 130D Evennan Pkwy 7W36 Onan 20 WFAA5083218 NG 36 Fsa StAhuri 7J20� a400 Westcreak Dr A133 Onan 20 GGk1A5083218 NG 37 Fire Station#30 4416 Soufhviesl Blvd 761 6 Orton 20N776814126.0100 3' 36 FueSwien.#31 4209 LongstrawDr 76€37 Orion 2032f8 .w.., NO 38 Flre 8taeon#32 10201 While Settlement Rd 78108 Onan 203218 - NO 40 ors 5tatax 33 94650 Sta9erBlvd 76115 Kohler 1D0262 NO 41 Fire Str%A 03.1 14101 Sendem Ranch 76052 Blame"$ 150NSN NO 42 Free Stafior.435 220D Alliance Blvd 76052 Kohler 25071 D 43 Fite Station 015 _ 6045 Columbus Trl 76133 Onan 35FB NG Ftre- —00# 7 4701-TFa- i� Orion G 45 Fire Slaiien id36 13280 Park VIsia Blvd 7 Onan 1 W100 NG 46 Fire Station#39 7655 Oakmont Blvd 76f32 Onan 65 GGFI=-55134907 NG 47 Fife Slailw P40 _8510 Spring St 76179 Chart 35 DGGO5748509 ❑ 48 Flre Station#41 — 114W.Willow Springs Rd 7 52 Onan 1611 ST15008GNSN NO 49 Fite Station 044 4617 Falcon Way West 76 Onan 20 GGMA6003218 NO 50 ITS Portable Larg"FN(11th Ave)Trailer v _ Aal6Dr 200 T9-25DS D S om bi 1TTelecmunications,mh Avenue 5 5 1 Av 66102 Kohler.........- 60 Wri- C D 52 ITS Telecommunications,111h Avenue 1515 11(hAv 76102 Whlsperwall 7 DA-706055 G 63 ITS Transmitter Site RollingHnts 2WO SE Loop820 76140 Oran 33 33.ODL4B-€5 4a2fA D 64 ITS Trensmfber Site Bridge Stree! 0401 Bridge St 76112 Kohler 45 46RZ.62 F 55 ITS Transmitter Site Holly 1619 lith AV MD2 Onan 65 65GGHB _ P 56 ITS Transmitter Ste Levee 929 Congress 9t 761117 Onan 33 33.ODL48.15Rf305368 p 57 175 Trxnsmifler Site North Beach 5 ay a 13d 7 2d-8 Onan 60 60ENA.6DKVA P 58 ITS Transmitter Slte Wastem CommuniraSons f Bowman R56arIs Rd 761 Onan f50 DGFA-5143779 D 59 Library Central 1500 5rd St 7 02 Kohler 31) 3ORrZG NO SO Library Southwest Regional 4OO1 Library Ln 7107 Onan 20 GGMAW83218 _ NO 61 MS:ni^„paiCOM2 Cf (RII_ ;gg0 Throckmorton 75102 Orion Wo DGOa-4d77851 O f12 Muniti al Oorp lox City Hall IM Throdcmorion 70102 Oran 100 1000GOBIK D 83 Municipal Complex City Mali 1000 Throdworlan 18162 Orion 175 175DGFBIO a6uj D 04 Munft;fM Complex Zipper Building 275 W,13th Sl. 76102 Onan 600 A034K685 D 05 Police 1100 Nashville t 160 Nashvsle 51 76105 Kohler 275 275RFOZ_JE D_ 86 Pollct Administrallon 350 Belknap 70102 Onan SDO 0 91, 5 It7128H ❑ 67 Pof ekjto Pound runner Av 761D6 Crum 85 GGHG0169943 NO 68 Police-Cmtle Lab 3516 E Lanessfer 7010$ Genera[ 10D 11417960200 D 69 Tlt�W finvltonmerrlal.Cmfscflon Center 6td16 Bhdge.St 1 7611Z Kohler 20 20ROZJ61 D 70 TIPWFac:itras Maintenance James Ave Service 5DOI Jam"Ave. 761€5 Onan 20 20ESION 16`TR LE1 R 5100239 tdG Cooler 71 TIPW Was SE Service Cenher 5000 MLK IHy 7611 Winco f0 CSAF55887N "� NG 72 TIPW Street Services Brennan 2506 Brennan Av 76106 Onan 60 GGHE-37ORD33 NO 73 McCall Pump Station a869 McCort Avenue 76123 Cummins 1000 AD42N77S D 74 MobileI Total Energy 5130 75 Holly SCADA Building __ 1511 19'Ave 76102 1 Cummins 43D 46OGFGA' _NG 76 Dueler Creek Llft Station 9241 Boat Club Rd 76179 Generao 275 SD275 D� 77 Lake Worth Lift Station 1 Cahoba Or 76135 Kohler 250 25ORE07JD D 76 Castle Circle L(ttStation 1 101 Heron Or 76108 KaloLlghl 234 SED230RFN D 79 Sunset Cove LM Station 35D5 Laka Country Or 76179 Generao 180 SD180 D 80 MoNleGanerator Katoughi 185 D 81 Sendes Ranch Lift Station 1092 Avondate Haslet Rd 76052 Generac 160 SDf 56 D 62 Senders Ranch Pump Staden - 14391 John Day Rd 711179 Generac w 150 SO15 D 83 ago Vista Booster Pump tauoli 175D W.Bonds Ranch Rd 76179 Generac 160 p B4 RichardsonSkwghLiftStation 999GranturyRd 76036 150 431PSL6202 D i 85 Mo58eGenerator WhlsperWatf 15O i50R ZJ71 D 86 Shfeld LlR Station X Pant rsta Blvd 7r177 Kato Lfghi t35 D135FW4 0 87 Rosema 721deLiRSla6aRI- L 8801dClahume-Crowley 78036 Cvmmins� � 100 DGB-5701633 ❑ 88 SUarmnr eek L!tt Station0 W.Cleburne Rd _ _ 7SD36 Cummins 100 DGDA-6002757 ❑ 89 Enchanted Bay LlRSlaOon Vesta Fadey Rd 7 19 Ganerac BD 53319601410 D 90 Chapel Crack Pump Station66❑orlon 51 78t08 Generac 50 11208760200 I? 91 Greenway Litt Staten0 Nxon St 76192 Generac 50 SD054.9 9801D0 D 92 Laka Country#13 Lift Stollenasier va 7 17s Stewart& 50 5ODSEiB93 Lake Country#11 LIft Station1 Boat tub Rd — 76179 Stewart& _ 50DEJ8 ❑ 94 Lake Country#4 Litt Station0 Cross nd pr 76179 Stewart& 30 30DEJB p as Lake Country#12 Lift Station1 Mounlarn Lake 76178 slewart& 20 20DSEJB D 96 Amstrong Ranch Repeater 57 0 Trail Lake Dr 761 Kohler 20 15ROY91 p 07 EaStwood Repeater Site Slron9Avo 76105 Ter 20 D 9B Caylor Repeater Site51 Caylor Rd 76248 K er 2D ❑ 99 Will ers Memorial Center1 W Lancaster Ave. 76107 Onan i75 DGiDD WN Rogeis Memorial Center1 YJ Lancaster Ave. 75107 Kohler 10D ROZ71 D 101 Village CreeWEEE Box0 Wilma Lane 76012 Kohler 30 ROZ271 _D D=Diesel NG-Natural Gas P=Propane _ G=Gas i GENERATOR MAINTENANCE&REPAIR SERVICES Page 30 of 50 Contractor Services Agreement ATTACHMENT C CONTRACTOR'S RESPONSE TO CALL FOR BIDS/PROPOSALS (Inserted behind this page) GENERATOR MAINTENANCE&REPAIR SERVICES_ Page 31 of 50 Contractor Services Agreement )9Z* J, -�l - 4-T Two, CITY Or FORT IWORTH BMA OWER *w- - -- InvIted, fNDDERS � -hurl FW4-,kS-.M0U4- - F._5 GuiHnIt To, F U0 WMAN "101VISION LOVER LEVEL CITY HALL 2WTIDW Fait WN.wia I OR The unOgtoig-d.tW hji#h-r2WWqra-FopeUMS M heAhe Is Wbuil abindin 4*wVndl48Awr"d ap by T, lk�tlriatwm urAW 1pk#y wmWwAlh the tdtkWMd0W=M OUrMil 10 n,ThgReopondixL_ sectimt, aMW ebm to ml*d[iV sit documan%rrinaWmW hymfeawco,and*;gr=10 bo-bound Wthe(Bane $to®,xrF. ft&ral ID NWfiher(TIM' 81griatura OM Auffwhud Rew Der-Ur . 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Sim, E MAN Inum r, k NGDMSKJN LOMRL&M-01TYRALL 200TEXAS-B—T twag 78102 Wrl" Wo: I "I wymb rof R&P245(allovAft OW100 HR Lftz., 2 Y-Mun Ll;��p J &Wffts tinx 3 Pmodoa-Mr — -- 41 TOW Hafi&�y MOD HR obr-Ini ZVI- ob Unall 4 "Rift w9*wl6gB5M ftt*VjlQl L�--LLJ RA L)r- SIM& r"tpirww. -7.w a cy W, wz�a, IT-4 bill! tit" tlasttF+rlce: Year It, F N'B NO.20-n' GENERATOR hUMTENANCE&REPAM SERVICES Page 34 of 60 Contractor Services Agreement �1Ji�i14�nslifiti 9k:]182i CITY OF FORT VKWHUID OFFER fYWnatat �3{_ c.nn�tYicu,emsr �a $r�ir�tttF�; C' trtF Ultptth izrc+��z>f�s, �a; o csg_ t2�1>f a 9 i� 3d:es It W-VK-LW'k MLL Fo€R 4fJior@�T3['Y61i12 Uffito �t�ad: �MSrCtS�#�s�?t+��vanae�F�3s�'Aii9d�ce�.gov kfno. e FFB�c�arMau: sttyy_ MAIL" WEYI v��f��ie�nsr+t�sidr�e�"�an�rcai �fAd --- -14a9 oytinderr�nrsE3 ,�* rr+ I UIMA 10 iananc rear i F45,2raw I eA t.1na: to unk �e.� tistat S�z=ditadldvr�n�n�tu�e�al�naC3r, e�r i;� .dcylrrdvr(I?t�r4nry} ,F p �r tlrtu 12 �.a�.rtnttesn: �t`�r_ Unra 4fnrtPr€ao ---.�Z►r-- d+upd 6furtwrtr UtiaP E3ennr�lo�- r f FA _ f!a 5�tllnder{ietaorarrtyg p_ �r? r—� L&� Told $syrrnc"t(llbw P*) 0 I?-1 f;Iner 14 SBkE$'tlrEt�p�Cirflrl`'19iiilY76!'CiNCiA.Fru GE'1'ziHE'St. '1,: Urt:l _ 'T� - C(rlfltlBf(I(lklO[taWrfi rats: Scaeriptlns� tl Unit UttilFdrde _ _Tov j— ft Lit Wife*KYA)- to -Ids I 6r�o: 16 �. +t l� l m.ilPrfoe Total gil�u, fQte [1QeJrdad ISO BA 11mr.rt%-ZWWkW4 rt IF kaacrC rtx: �inft klnrlPdsCetFi Faia iridsti I2� r — IM, _ --- --- I bAur eaE rip,21hoar ind r� tn�4 tfieurratrsdxur�t t .- � .� E �'"�° 4TR psi fw GENERATOR MAINTENANCE&REPAIR SERVICES Page 35 of 50 Contractor Services Agreement 1 t 6v+s�i1 Gt �e ��eauczatu;,naia_.rr�pnce_sad�n�3x_ 9u�tR?a•< £� dt�.p�tr�t9�flii t.zYC1t a '�h�iP 3 I Cft Sf"G DIVISION i �0i,[2C1:9 f3a3(h:PJgC32 2fi 14G45 I,�YCtcnI,F,. ®`�f IEVEL YHAU - . --- - M TEXAS FIT. Dnrf,lVlbrth g}i FS10$ Unftd a�''fBfeB �€Y15li: �hiftlr��s7srgRes�pflrs�• io�vtlF�FEt�t�€9tttr f�fn5: 1� t��c2 n: dear_ AR" — 4a!tcursflllWi 2ilaurfoa>a �e7� r`i , � U t ahoteis�SdeSd�rarrSlR,7d914�iGli� 1.06 W, — (fnpUdotIBustsoaft,2 hour s tit,t 11w.98w*wrk) Line: 20 pk-r tur: l[, tir3t� l6npP tr r __ 43 il.-- 4hour loan st§p w4r 110 AW(aG70041 1.00 —�A tF 4nar40,0p.2bbwlutdbe, 1 hssvrtakadckvnl ��,' _ ��� lfoiei�f�Aet�ut[ � � � AI!parts and�natari9ls iud�cif�st�f fxa pun�tated at L'��96 disoQuarG F1s�o di�exsurtt it Seri,i116 oq�nrxaY�cn fha patualage M6 'Parts and ma(sde a%WI ba added through an addecr*m on qin an aeio&d P2sia 1Ar9ugho mtEtg fi€,-of tlla agra4;rrlam,tbBrOOM, the Ud4er shah' wbwH s pfEw listforthese Rem.vMh IhO hi0"binfol, iTrr 1°1 ^a.-" GENERATOR N AINTENANCE&REPAIR SERVICES Page 36 of 5Q Contractor Services Agreement L" !r[ a n IT El , , I ilf # el E d. :R { fllp � � � ; � 7 ; 2a jars � IC A� �I R�ria Em- :� �'� � Eh5 F�• � g 5? GENERATOR MAINTENANCE&s REPAIR SERVICES Page$7 of 59 Contractor Services Agreement E CONFLICT OF Meftewf clugm ow 10 �o�tt9er �tt���tt�t FBI�trq• rk�iky - �'tti�sYmruz�J� �t �a�immr;+�t��rFr7�y�r'f�irtE�ad� ]rmmamd�hn3rm�m���r �r�d�rc�i�,rBr_ r4 �i{i�a} �ai �rI��s �thff�eJ�e � t#t6�1�4iaf(3ra 8Ff�1f�R'fsl tyriait �tst��it �,�.r �e�d>�tbteve '.k ��sa�nc�iE� •�,�r��a��sic�IarJ�o�rof 8tr97 �-f�.IL�'�nxr��t�da. � A VMAW rangyIm"an 0 7, r Jam,._ �Jal� �s n tea LOW i3nrierrirlisgt .Alrto€lraae�i:ttd:x'!h€ea�'}orlf���, I F; 4}a►��v pTr Trd11�11? sJl #NYiErR ttJ,��r�sr�i �na9�rtttilt fir � �w::�'�i.:t�.�iif uun��lu•r�nrs* r�r�ar���ou�ry�wsari��adann�r�_ ff• ftr rz-qA-N!�lhd YCO I"am slrwm r pbk4 a � &Q,a rd to Jl" u"trot I t�v}�7�t�5�ras.�say tdf�r� un u!�tt!�5�€�a mortre tlt�E�•���,�9!���hers deaum�k�e oy prrrowaS4 .''1 1�Ena�IftCatr�eia:ar��lJtfBo�rs��p}il.t�>) t�li�nlssftui�t#��i�g� lmt�7t�dlscC��gd. - #� s�1 CS�ra 1fAlr n( 9 tna J q�_FMU A3 A t#��.� atusl ks 9 � Idr rf�tt aiJT��r v tLinam�vsrr�ar Iree ma aee�npr�k ftl tiR 9F► ss t 1;i�.f ai[�ercn9 ta_ pasrat i�ttri J"dsa GJp e�r�r--���, PI*M=A ilt9d In VU e-14:0f uA1''ft.w M:j Ua rdaOJm lac-tb Rt5eaL.4 r:ttQ43iJ3M C� i �. Osv3s� I -0W!t ONO �.tatfwu�2�tdatra�rkt,�crfu,pmJylB� �s�[� rr��.Mher#rime,Ga�s�tilnivrt[�s�,Irar��Di���efffc�€q¢al I f7Tih�ftt G`n(If.:r jlS.fieB�#GTI Wi moew AM the me"how-M-a r &W m fJza kzg VwpruFQ5 w C]Ma NO . g!m Oftr fit ft 598S$ORi1. M•A[Ei#jiSA" .�iA CUTWM§M or 61+W Lilt ;QE5V WF*eft Ca•Cinch tl*[-an gw M wv t• reepes i m ere vd?m ictairr, tali ft n M d 1 2 W HW of a pw0cia a I VA x 0Y E ris El ire Q 10-- - mnflupl l m b Ed_km;+�y am=f�c�in W;naa Itr~w���ra 7,t t.I#trp 20-002+3 GMOMW WiMen0oft and Repak GENERATOR MAINTENANCE.&..REPAIR SERVICES Page 38 of50 Contractor Services Agreement ATYACHUffW A Vandoel:Nww.- }rat v}..'r"s t/ Ye ar LOC�i1 Add A .a.,; (7"Aw" PP wa, t . Fax iae of Baer#�,rsnn txen rPgaafin0s�vrces c� lNltuctirai��: Phone: Nam�e+rdle J t,, . . s �?� tl++9it: •'�.3z�F...r•#[+idf�,d�r''tr .t.Er. - -�. �.. __._._ _...� ., _.�. _ ... NfitmelTilie ` l'llo, - a"M anv it l rstt.Upo.4, 'VwIfll your cony awW Peal p�psrttl,. des Sigtt z Pr lime Date 20.O024 wo-m(wMeWermce and Repair GENERATOR MAINTENANCE..&REPAIR SERVICES Page 39 of 50 Contractor Services Agreement M.G.B A, MPMH"�`CORl[PA�C�, tRgp&�iitzaat.�rlrw�r P�v,�—�ar�fulF'rsirie,�i3451 �h 173-6�"�-4�OD—Fn7s 9F� 3�9t �ttf�'llirt'f�R� C+�ccrri��r i4,�C13.9 Oty of Part Worth faid ter Eve►t 1D.,Cr'W01.2MO24 Event Name;rM, Generator Maintenarim and Jtapair BId 0eadllne.December 19,3419LOO 220 ptrj M.G.Oryan 0,p Co LLC.,dba M.G.Bin E4ulpment Company,has hen in b@simss since XOM.MS Itryan maintains two DFW sarviCe locations,3Ta$S.Great SouthWest Parkway,Grand prairle,Testy and 3311 Pinecwo dl Drive,Arlington,Toxas,MG Bryan maintains two a€idstinnal firil servEm repair and maintenance f�dilities-In Midiand Texas and Olahtwas Oty,(3kI ihoh-nP.MG Bryan employees 25.30 fall time,Valned service techn€c€ans across four bmssiriess#roes.Those bu*ess lines lnc udg MRQ (RAOnteflarloe l;opalr and Operat€arts),Rental Service,Uvd p+su€prai;nt_,ManukttuSng MA,Bryan Rental SerOce Group carren*oversees a rafadi f€t of 105 goppratiors,raraginis In size from 15kW-403k ,providing inspections,preueniattvo malydenance,serer 840"trS,and load book ieSli%t'tilizing our own load bank assets Add€datWly,MG Bryan Rental Swvltm Group Services and Koplf.5 custerrier awited t illts,as needed.We work on all makes and models pf Ses,diesel,-natural Oas,end propan a,Incl udiog-Per 4.All O oar mviCe tes Wtdarts haw tticbile work Site traltal rng and are provided 5ep&e trucks with noohed ttrals loaf,fitters,Pulds to cotetplete their task. M.G.Aryan Rental Service Grwip provides�On Call'rental,sor ft,@tad mhair for generators in muitiple market sogrnents,including the municipal,aggrqpta,and ati 1g$as Ir?dustrles.our service tochniclans are avallahle Pa hours a day,sever}-lays c week€oclud ft holiSaVs.We mah'+tain our Orin fleet of r+ mal seneratstrs,at the ready,in the awnt the parrnarwrtt gencMor Is ogtof Service and requlr s onneegertttr rep.air,At ,G_Bryan Rental Service Group,the rental,sale,and service of enemtars,is notJoa sarner,Itins we do.That's all we do.fveryday,Allyear. I.G.Bryan OpCD LLC Ivan 15099DICe4VAedCvmpany-i Mike Mathis,Manager-Quality Assurance/Cr-vlroriMeriaal fiat M,.@, 3ryan Op OD LLC is a recngniaed Mnaldson Nter OlstrlhUter.(UFexpedent ed parts and service ! staff tore truss refareiKe and match all filters,for all generator snakes and engine models,to provide un€formlty across the entire C€ty of fort Worth Fleet,as well as pass alongp:rtce In mtives. M.G.Bryan Op Co LLC Service Technicians are requlred to pass a ba rat-nd cheek,drn screen end DMV review prior to ernplaymprit.All employees wove annool first 816/0E%foAl ift,,UZI anO jc6 site specific safety training. GENERATOR MAINTENANCE&REPAIR SERVICES Page 40 of 50 Contractor Services Agreement ATTACHMeNt P RUMENGIESHEET Plam complete and r9itiftV this,fta w4ft YDVF bfd, The bW- or Mall Amish reforen roe 4 4W s for at least three scent costprneru b whmn proaucw O-Rdlor aerV�Gft hnVe bglon PMVbed Out wo aiw to tbne gogyMO by jbig solk4tabm.Tbo CKY MN he the tole J0699 of r&renms.Pleats Lw addAlDnal sftet, 1, Company's Narm R-4. 'I "r, memo to.,cwtOd TO 0;OD rtqct Pa*wtAddims 1711 City,St=,Ap Ude Talophono -if W­�,tf 51 Fix Number( ;r ......----- --- NuaftrEwil t9"J!.4_ 6, 2. Company's llavw ROMOOIG"Ttsd irrb of Cora ri .4w pKew"tAftass nor S"O AA 67 My,Stabu,Zp _WWRiber QgOo NOMW Famll 0 _4 cpmprtrIYs 99 nam. Bd _... N&M 0100"BW ;� Tf t1h of Oontaa Pmgmft Addran City,fttB.zip E-V_70/ CO&Teftpholle TO-2 ) SO I-Alp Pisx Number GENERATOR MAINTENANCE&REPAIR SERVICES Page 41 of 50 Contractor Services Agreement FORTWORTH. -AM"El lDOM TO 1T@ I40.2fHWU GENg A I2141Awro Icl. U WIPINIR Gn-f OF FOW 1MCM PURCHASING VIVISi©N WrATiOh1` O 010 NOMPERQTN):20.0024 17118 No.20-DWA,16Wed DeaeMber 4,20t9Is here ttrnanded as folk=: 1. Quaiorte an$Ar amra wbmiSed kr 2"D24 Cenaralor Ii+leinte rianco and Repair hwe bm#himd.on Page 2 of#his Addendum. AN other lormsvrW 00fl t ono renwin lmchanpd. Si?Etrin*i BoIelarrid i�!!nr c.—via��ea�l s� �xr ee r��,r�e.■,..������eam�aa us�mm�rn.e,!aa ra����gc��s�rr Fnan� 6y a below.Addendum No I is la orwetetl Intoartd made parlot Uw ahow referenced Irryitalicn tof Wd. ff s CC NPAMY NMI I-- ir{ •soil tl SICNATURe NOTE;Company name and signature must be fha some as orr lire otirtul hid d tlrmat5.1zailure to teum this farm wiih yofir€aWed bid may consfiltllte grorandr far reJ nr of your ITR,Nc.20-n GENERATOR MMNTENANCE&REPAIR SERVICE8 Page 42 of 50 Contractor Services Agreement I Questions for 1) Wbuld you ploiae tell aw what the estimated o0st ramp i;for the"456nerator MaWen;artoe anti Repair"project? Answer.The annup1 sPend for the-GKY Is a,pprnxIMOIe4V$200,000. GENERATOR NLh,INTENANCE&REPAIR SERVICES Page 49 of 50 Contractor Services Agreement M.G. Bryan Equipment Company. Robert Clew r�reav�t�nxr �7irc�*#7[�i eitraa ea�rr:-.�,rf Rei's�Bir�� 0 972-69. .1v0 — 3906 S.'Gieki&KUh 4t6[I}ttii w8Y G SO 44966 GMA Pta[xbc T-X 75051 F 97` AM-4396 iobtmt,doudS9ftnbrPmmm wwW;St *ft4M t''P Nc, s,-.e' GENERATOR]MAINTENANCE&.REPAIR SERVICES Page 44 of 50 Contractor Services Agreement MoG. BRYA lHQU PMENT MP V oar Generation Divitio 1 A WORLD OF POWERFUL SOLUMNS erring 'Since 1986 GENERATOR MAINTENANCE&REPAIR SERVICES Page 45 of 50 Contractor Services Agreement III ATOR 49 AMR fis 'MOR"a V, -Y1bjq;4 W11 I i2M I Mlr*M T"tJA I I HOM I OTIM I W90 j I M VM M;I ZM44 1*2-1 1 I k#f'.W pfh-,k;,Wrtg kWA I kWo. :kVA2/IS PW16 OWAJ361tWe WS WA 140 We 113UVAiVO&M xftw:Nyftw-#1M./1NG 2s WA jF 2a kft WiVA/40kV& 113 WA/66 kV& 115 LVA i 100 Eft 4040-WO 4LM )WO-MG) 1104DWAW a -mac F&kh� "in AND-220 4197X 11041-Mml I IDAD-E"TAG2 GWITUN "331 IR 1~RM22R 295 As 87 134 326 53-6 97 1-490 4 Snal Irar 3 Flu Ter 3 1 iOxk x stied 1,50921 25%kwd 1.6 21 L.W ON t. 3.2 ka k"d IJ 2.3 414 SA Ile 3,1 5.3 7.9 27.1 f,t 94i.3 Ins M 1 6012 W.4 I505 ISMO)wh pftz Imp P VISA W0.4 312.6 1 u a�8-j Vd!y t I--- er"w 97 IM 729.3 W14 k7jmziaa pAbiq mps twa 740 150-0 240D 3710 pf 14 Bsl W 7 27$.0 416.7 ior 1 12& 40, 4V isir 6V 61, 1,400-k 2>91ai a 4,59 WN %-Ah Tra?-V 170, 1w, 7fr 74" 76' BEF 75" ly 2.744U 3,650 th AMON 5'M IM Rim Wats 4,1291bs '6,M 16V 490 1w 64 dM a0A 64 ARA 'n-p, GENERATOR MAINTENANCE&REPAIR SERVICES Page 46 of 50 Contractor Services Agreement t i A1.m 150 i14f3 Vya AIM$ I 400 lril#¢L 548 a Ixfz*P]NMI IV1,10 13A^tA47MfMj297/4K 12`2:&1WfAt6 12AWfW" f1NMIIMAD- 16S kV t 1w M MAWA.!160lid 4160 ITVA/209 Wa 422 lt'irA E 350 MV0 SOR UVA/455lc`& MWA/150kM 219RYA/17 kV* 400 WA/32 Wit MOWAI�Mkok 624 Ml60o" 11060IMTAM 1106E1-p66VrA 2240-11IM3 2206DWE13TAM 2ND60 t5MM d Sltrimlpld F omik i Mbrd,nn P�-4srs Rerkau Pp&n: A[&M Rt&MI 11t 6tiTAt+3 I I O£�b<WTAIU 2206t1 EMAW 2206TI.1:13TAO� 25WIVSYM 31001 P0310IR TGDF7127 tW1127 MGDF7129 190 233 $46 $46 664 213 257 62D 620 729 [M 3/nex 11et a/f& Tiar 5/fhK TW. 3 I F6 1'-nr 2/Flax 2500a1 230-ael $W60 90g4 6Toopr 3.6 &0 62 t 3 116 16.7 20A 91 111A 17.9 22.4 25.4 I 1$,7 23.4 20,2 US 195 7 2A49 432.3 8FPAV 8 ILO 235 6Z$A,4 491.7 602.1 7 2 A51.6 S55.8 10MA 121S.8 1.f0oh 521.1 d01':9 T111,6 1309.5 1730 641.7 666.7 525r1'f 73P 2 MY, 1", 20]r 2W $tl S1` 12' 77 72, Mr dll� Fly 91, 91" -6,AO5%.% S49S1Bs 14,4016 14,40 bs 153s16 231' 231- 3fl&V 300.5" MOX ar for ]Dr 102' SY, 117` 117, till 13,22416c ,1E1D14s 11B,S90 1$,1"16 13,Bbf& 9,92$lb, 10,10015s 22aS1301bs 22,3W1b, 23,5W16; 7140A. 71&A 76AA 76dBA 7§d8A #TB No, GENERATOR 117AMT'ENANCE&REPATR SERVICES Page 47 of 50 Contractor Services Agreement i 4 LOCATION C-rand Pr6ide, T Oklahoma City, O Mid1wid, TX -Boyd, T 1/151 F US Off L[f+.! GENERATOR AWNTENANCE&REPAIR SERVICES Page 48 of 50 Contractor Services Agreement ATTACBMENT D INSURANCE AND ATTACMIENT D-1 BONDING (if necessary) (Behind this page are the City's standard insurance requirements and,if necessary,payment and performance bond forms) DTP Nn ,P_P" GENERATOR MAINTENANCE&REPAIR SERVICES Page 49 of 50 Contractor Services Agreement I ATTACHMENT E ,{ VERIFICATION OF SIGNATURE AUTHORITY Address- f�0� Arian-� o u s ri,rtcc�'�f 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. L' Name:Rb utx- U ou.ts Positron: bat-rPIR-, •\ i 4 � " J- Sign ure 2. Name: t Position: Signature 3. Name: 13" l Position: �.G►a 49Y11a.- S' afore Name: 5i of President 1 CEO Other Title: Date: "?7�0 GENERATOR MAINTENANCE&REPAIR SERVICES Page 50 of 50 Contractor Services Agreement City of Fort Worth,Texas Mayor and council Communication DATE: 02/18/20 M&C FILE NUMBER: M&C 20-0075 LOG NAME: 13P20-0024 GENERATOR MAINTENANCE AND REPAIR SNB CITYWIDE SUBJECT Authorize Execution of an Agreement with M.G. Bryan OpCo, LLC dlbla M.G. Bryan Equipment Company for Generator Maintenance and Repair for all City Departments in an Annual Amount Up to$400,000.00 and Authorize Four Annual Renewal Options(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of an Agreement with M.G. Bryan OpCo,LLC dlbla M.G. Bryan Equipment Company for generator maintenance and repair for all City Departments in an annual amount up to$400,000.00 and authorize four annual renewal options. DISCUSSION The Property Management Department approached the Purchasing Division to finalize a bid for an annual Agreement for generator maintenance and repair. City Departments will use this Agreement to maintain various sized generators used as backup for electrical power systems for City- owned facilities on an as needed basis. In order to procure these services, Purchasing issued an Invitation to Bid(ITB).The ITB consisted of detailed specifications regarding required level of technical experience, maintenance, repair,and testing and reporting requirements. The bid was advertised in the Fort Worth Star-Telegram on November 27,2019, December4,2019, December 11,2019 and December 18, 2019.Thirty-eight vendors were solicited from the purchasing vendor database system.The City received seven bids. Bids were evaluated based on the lowest bidder complying with all the provisions of the solicitation.Staff from the Property Management Department recommends awarding a one-year agreement to M.G. Bryan OpCo, LLC dlbla M.G. Bryan Equipment Company along with four one- year options to renew.No guarantee was made that a specific amount of these services will be purchased. An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. A waiver of the goal for MBEISBE subcontracting requirements was requested by the Purchasing Division and approved by the MIWBE Office, in accordance with the BIDE Ordinance,because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. Upon City Council approval,the initial term shall begin upon execution of the Agreement and shall end one year from that date. Each agreement may be renewed for up to four additional one-year terms at the City's option.This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and award of the contract,funds are available in the current operating budget, as appropriated, in the participating departments'Operating Funds. Prior to any expenditure being incurred,the participating departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Kevin Gunn 2015 Originating Business Unit Head: Reginald Zeno 8517 Additional Information Contact: Cynthia Garcia 8525 Shatabya Bergland 8087