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HomeMy WebLinkAboutContract 53887 RKP-IvED CSC No. 53887 MAY -7 2020 CITY OF FORT WNTi CITY SECRETARY CONTRACTOR SERVICES AGREEMENT GRINDER PUMPS, PARTS AND REPAIR ITB No. 19-0016 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 Master Pumps & Equipment Corp ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized 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 G thereto; 3. Attachment C—Contractor's Response to ITB; 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 Grinder Pumps,Parts and Repair for the City of Fort Worth Water Department 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 1 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 Agreement and Attachment B. Total payment made under this Agreement per term shall be the amount up to $102,500.00 ("Contract Amount"). Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. ITB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR 9f k( 44L RECORD Contractor Services Agreement CITY SECRETARY FT. WORTH,TX 4. TERMINATION/CANCELLATION - -- Termination-.The City reserves-the-right to terminate this agreement,-or any parthereof, 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. Non-Appropriation of Funds: In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then City will immediately notify Contractor of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. Confidential Information.Contractor,for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third parry 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 ITB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 2 of 34 Contractor Services Agreement e ° 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 OMISSIONS), 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 PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8. ASSIGNMENT Contractor shall not assign any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9. INSURANCE AND BONDING Contractor shall provide City with certificate(s) of insurance documenting policies of the types and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect prior to commencement of any work pursuant to this Agreement as provided for in Attachments D and D- 1, attached hereto and incorporated herein. 1TB No. 19-000001 G GRINDER PUMPS PARTS AND REPAIR Page 3 of 34 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 111, 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 Contractor business name Attn: Cristina Camarillo/Purchasing Supervisor Master Pumps&Equipment Corp 200 Texas Street 805 Port America Place, Suite 100 Fort Worth,TX 76102-6314 Grapevine,TX 76051 Email: Cristina.Camarillo@fortworthtexas.gov Phone: (214)924-3587 Phone: 817-392-8355 Facsimile: (817)912-0435 Facsimile: (817)392-8654 Email: pumpmaster039@masterpumps.com With copy to Fort Worth City Attorney's 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. I FB No. I.9-0000_016 GRINDER PUMPS,PARTS AND REPAIR Page 4 of 34 Contractor Services Agreement 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/VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity, is brought pursuant to this Agreement,venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 17. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this 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 parry hereto unless set forth in a written instrument,which is executed by an authorized representative of each parry. 20. ENTIRETY OF AGREEMENT This Agreement, including its attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their respective assigns and successors-in-interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 21. WARRANTY Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. Contractor warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract. Additional specific warranty provision are found in ITB No. 19-000001 G GRINDER PUMPS PARTS AND REPAIR Page 5 of 34 Contractor Services Agreement Attachment A, Part 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: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. 23. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 24. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 25. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had an opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be 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 same instrument. 27. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by ITB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 6 of 34 Contractor Services Agreement proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,maybe 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: a ti $y; DanaBughdo+f(n.ay6,�o J By: Name: Dana Burghdoff Cvw Title: Assistant City Manager Title: Gats le.� C-�.C� May 7,2020 Date: _ `2-CD Date: APPROVAL RECOMMENDED: CLI`If�O,I� �f ff��2� By: 0,6, pl-H rdc0 ,,,6.Z2]u) Name:Chris Harder Title: Water Department Director#r •" 5 ATTEST: By: Name: Mary J.ICayser k'j-: Title: City Secretary ` APPROVED AS TO FORM AND LEGALITY-:". tONtRACT COMPLIANCE MANAGER: By signing 1 acknowledge that I am the person By: 0 111-k'Ka",6.202() responsible for the monitoring and Name: Douglas W Black administration of-dais contract,including Title: Sr.Assistant City Attorney ensuring all peri mane and reporting CONTRACT AUTHORIZATION: requirements. . M&C: 20-0072 Date: 02/18/20 1295# aOaD- 5752$5"7 By: N e:Marti Phillips ire: Engineering Manager 1"1.131\0. GRINKIZ PUMPS PARTS AND REP AiR Page 7 of34 Contractor Services Agreement OFFICIAL RECORD CITY SECRETAR�f FT WORTH, TX ATTACHMENT A PART I-H 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,ITB/RFQ 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 term,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 that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. ITB No. 19-0000016 GRINDER PUMPS PARTS AND REPAIR Page 8 of 34 Contractor Services 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 QUANTITIES 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 II, 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 8.1 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. ITB No. 19-0000016 GRINDER PUMPS PARTS AND REPAIR Page 9 of 34 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 1. 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 90 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. 9.1.5 The Contractor's warranty with respect to products r6j aired or replaced will run for 90 days from date of installation and acceptance of such by the City. ITB No.19-0000016 GRINDER PUMPS PARTS AND REPAIR Page 10 of 34 Contractor Services 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 WARRANTY 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 PRODUCT WARRANTY . 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 SAFETY WARRANTY 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 ITB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 11 of 34 Contractor Services Agreement 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 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 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 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's 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 understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as CONTRACTOR bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, 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 so'Wr-emndy, 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 ITB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 12 of 34 Contractor Services Agreement 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 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. ITB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 13 of 34 Contractor Services Agreement PART-H GENERAL TERMS AND CONDITIONS 1.0 DEFINITION OF CITY The City of For Worth, its officers, agents, servants, authorized employees, contractors and subcontractors who act on behalf of various City departments,bodies or agencies. 2.0 DEFINITION OF CONTRACTOR 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 PUBLIC INFORMATION 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 listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the 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 PERSONAL INTEREST IN CONTRACTS 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 XXVH, Section 16, City of Fort Worth Charter) 5.0 ORDER 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 PAC A T .GOODS 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 1 of 4 boxes; and (d)Number of the container bearing the packing slip. Contractor shall bear the 1TB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 14 of 34 Contractor Services Agreement cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 SHIEPM NTUNDERRESERVATIONPROHIBITED 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 PT ACE OF DELIVERY 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 RIGHT OF INSPECTION 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 SOFTWARE LICENSE 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 "proprietary" 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 OWNERSHIP OF WORK PROMICT 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 copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, 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. ITB No. 19-0000016 GRINDER PUMPS PARTS AND REPAIR Page 15 of 34 Contractor Services Agreement 13.0 NETWORK ACCESS 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,AND 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 IMMIGRATION NATIONALITY ACT 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 I-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 HEALTH, EA T Tu SAFETY, A Ti ETV AND ENVIRONMENTAL RLOUIRF_MENNTS 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 right to immediately terminate this Agreement for violations of this provision by Contractor. 17.0 RIGHT TO AUDIT Contractor agrees that the City, or City's authorized representative, shall, until the expiration of three (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 books, 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 ITB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 16 of 34 Contractor Services Agreement 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. The City shall give Contractor reasonable advance written notice of intended audits, but no less than ten (10)business days. 18.0 DISABILITY 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 CUREMISPUTE 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 parry'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 party 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. ITB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 17 of 34 Contractor Services Agreement ATTACHMENT B CALL FOR BIDS/PROPOSALS (Inserted behind this page) ITB No. 19-0000016 GRINDER PUMPS PARTS AND REPAIR Page 18 of 34 Contractor Services Agreement ATTACHMENT C CONTRACTOR'S RESPONSE TO CALL FOR BIDS/PROPOSALS (Inserted behind this page) 1TB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 19 of 34 Contractor Services Agreement Master Purnps &Equipment Biel Offer for City 4f Fort til orth Bid#CFW0I-19-0000016,ITB Grinder Pumps,Parts,and Repa;r. 19.0 BIDS 19A Bitl Sularriittal City of Fort worth ltid KFW02-19-00OW16,ITB zsrifider Pumps,Parts,and Repair, Dine October 24,209.9:Purchasing Division,Lower level City hall,200 Tomas St.Fort Worth,Texas 76102 19,1.1 City of Fora.forth Bid Offer with unit prices and.amourtts. 114.1.2 E/Dne Extreme Series.catalog,E/One Sentry—Alarm panel catalog. Barnes DGv ,t-bc`sVH pump catalog, 19.L3 Warranty lnforrnation;P/One Rurnp—27 months after date of shipment or 24 months from clate of AS[aNation. Bames DGVF/DGV'H Pump—One year from date of installation or 18 month after puroase. Dart&—One year after date of purrchase- 19.1.4 operation and Maintenance manual:E/Qne Extreme DIM071&DR071 Typical I n§taliation Instructions. Barnes Installation Manual Submersible Grinder Pump 19,15 Attachment A.Canfilct of I ntefest QuesUanalre 19.1.E Consideratinn of[finders Principal Plaice of Business.NOT APPLICABLE 19.1.7 Attaadim nt C.supplier Contact Information Form 19.3.8 56tian 17.$ft Below 17.0 BIddef Qualifications 1-i Bid Package information 17.1,1 Background—Master Pumps and Equipment was established in 1,968 and has grown as a regional pump company in Texas,Louisiana, Oklahoma and Pennsylvania- We are a compiete frump sales and serAce company providing frumps to the rnunicipal, indust6ok,and oil&gas markets. 17.12 Master Pumps and Equipment Iatrs many suppliers for the Environmental one Extreme pumps and harts called Out in the City of Fort Warth Bid HC 01-19 ][l01l. ITB Grinder Pumps,Darts,.and Repair,we are a vendor for the iCrane Pumps&Systems-, Barnes Grinder purnp5.We are aisle to deliver withln the time frames specified. 17J.3 Master Pumps and Equipment has a:full service rtpalr shop and warehouse in Grapevirw,Texas-We stock parts and pumps for many of ourcustomers. 17,14 Municipal References- ITB No. 19-0000016 GRINDER PUMPS PARTS AND REPAIR Page 20 of 34 Contractor Services Agreement Cott'or rLsrt WOrttr,Roily W'tP,BI-enda Williams—PurchaAng;R171 3'92-R2.67 City 9f Arlington,Pierce—Birfh WTP,1091 Newcomb—Superintendent,(B17)575-8463. Cvf of eailas,So thside VVWT P,Oad McDonald—Supetintendent(214)570-0423 [TB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 21 of 34 Contractor Services Agreement I'@Ird 1M'I)iifH CITY OF FORT WORTH BID OFFER; - -- - ;rsrut�b Invited; PUBLIC EVENT DE AILS 'went t�raumt Version Ptl Se baFit Tn. of Fran'vhk>�.URDIiAMG DIVISION 5YKA Name LOWER LEVEL G ITY HALL :TF riir'es �ieas, Farr att� Ks�a T 200TEXASST. itart Time pinists T+mv _Y ___! Fort Vvoh T-75142 l.Illiled.S'talas Email-. FhfSPurcir►gR +oneEs�ior�weartttex ,rrav rent Desertptton to C4 of Fort V+ I,is seeking hide from qquaiiPir,biMers for Grind6r Pumps;Parts and Repair for an nnti;4 Agr rent for the Miter Department The City an s that the initial semi for lheAgrwmwO Ile rain cn If►e date staled�,Purrirasr Order(Effec3iva l Fate` snd' I expire on upuolitinQ Se{'ai8111b€f 301h. !xpiralion Csa its rsilerir:terminrsted warier E rrAan Witt1 fltis±`, rearmerd('Initial Term'),Upon s"pi�ein apt the Irdtf TerTn,tttenyreement tney 19e renaraeadt+eiUt t41 dtae tweet ad el tErrrre at#bi ttye �irr]n,lir�ss Dily er�uppiiet pteitndes the after;Qariy with rroti�dF non•ren°vaal at treat Gl3 dais r�elRre e tT:sl irailiari soothes initielTeRrt or rerrerrel paraiod-Yicvxnever,tf fund;i grU net isppr�rirated.,lhe fiit�r may try the Fr�reernarri 3�randar daps aiterT,rovidlr w�itte nat> Iinn to the Suppiidr. airrm&Conditions No Pra-M Conference for this ITS, EWU arw 4i91lf-A all for gnrwer pumps,pools and repair as set fcrth in this wllcitai n.Completed;Bids, irtclu ng eana axaouted darigirta9,one coppyy and mne USB 9esh drive cone alning etettrer*:aersians of all bid doc�.rmerris rrsast L+e rer�hred d the Pure�iasleg DlsylsiSrn by 1 39 R.t�1.,t7dbtrer z4,2(}f�;and than publ"�r ape�ried woad reed aloud at 2:00 girt.in the�earirt�I Chtaniftcrs.@idx must t>a Submitted in a ruled errueiope vtcFt the Sid Uumh�tir written ere Ihra uutsidre 9r Cher Enueglope,addr+3r:sed lu ihsa Rureitesirig luianeger or Bier Yqur Slri rrnasf 4+r n�C+s+u+ed byy p•+es Ptrrcfiasing i?firle and time sfampad prior toll the 1:313 pm D�dllne n wooer to tee uansirlenadl, Bids shell be mailed a hared delivered tq the talicwing 3Q�e"r9 f�ItY d s not aaV4rlk 'city flap Purchasing Dwsion /on Texas Street,Souihwest I-awaer Le tat Fcwi YtWlh,Trxa3 1,43142 Bids doiNoted by special courier li-e_Federal Express,Special Delivery em 1,are io heL marked on lrrw outside of the courier's shipping envelope-Bit!140-19-[ltlf]MI6,11-B urfn L Rumps,Pails and Repair"and revist be recewed by tip arcfl9sIng Office and ln"*stamped prior to the 1-31)pm deadlnrtr in order to be considered_ Late Bids will be returned or destroyed;theya will nmi be opened tior mn.Were.d in thtt malldrrtiearr tti'as hid, Blds may be wiihreawn at any lime prior to the 0111001 r 12"inrg.Mt m:ry nest bQ alliered,amerded or withdrawn a tGr the eslrieial oJ'.1en:1y,The underergned agrees,if the hid is act;Wed,to 8amesh arty and all items upon wf ch prows are offered,at She prineia) and upon the terms,conditions end soopelopoOk-allow r,.te 000d in ihs document.The period for aaocept�ee of this bid will be 90 calendar days after the h d openi4wa 01s. 5heu id ollior r3o"mmental entities decide to participate in this corrlrack would yc, the Vendor,agree ths11 all lerm,cordrl r ris,specifications,and pykkg shag apply?yes x No--— Docurimnis arc hevsby iricorraurated into this solic4ation by rerc once,with the satire force ar&d effete as if they were incorporated in fuf text. Document Narlle-LCication glad 01r'er 61u et^104wvr ftge or Final 84 0murnent and Altadvfrj as 0%erk+r-arlc da-iaru_"al Introduction to Bidders-Pail 2 specifications-part 3 tlarill.'irb PMr0hasittq TefmQ 3_tttS Conoris ss-Tsart 4 e.milid of Inlorest Disrlosuts Requirmnieni•—Allachmont A-Part 5 Consideeration of Ldr_ations of Bidders Pfin oppaal Place of Business-"Allachment B-pf applirablal-Part 5 Supplier Contact Information--ARBehaient C"-Fart b How to rtlS Mor ivM the Cil c)t I=pit YOonfi-AttaeWent D-f erl 5 No Bid MN eel-Adachmerat E Pori.5 Additional Scope c#SpecificaLegns.-Atlachment F-Part 5 Sample AgreemerwAttachment G-Part 5 �Rcyquired is bill ranrPlatrtd Orld wbitaiiled, ea Se€ijoh 19.0,Part 3 for all required document sutanrssion" ITf3 No. 19-0000016 GRINDER PUMPS PARTS AND REPAIR Rage 22 of 34 Contractor Services Agreement Fowl WOKI:H CITY OF FORT WORTH BID OFFER paiija Lnvited: PUSUC EVENT DETAILS ;MQa4 ftcttxtd ltetsit3n Submit To- rUy 4X WorlhFtING DIVISION LCAWR LEVEL Me HALL 200 TEXAS ST i'W Time Finish Tsnc _ Fort Worth TX 75102 LtnWI slater, Email: FMSPurchasirvgReaponses@i rtveirii ex,,v,3-riv The urAersigned,by NeWhe+3rynaurre,repr6scrrts itae<haloine is submidirg a binding offer ami is authorized 10 Lind the responcleni to WAY paroply wi8i the soliicitattort doconrznt contained►rerelrt The Respstrxiont,by uat,m4 ing and signing below,acknowledges that hWshe hag received and rrW the entire do wwt packet g>ackinns 40ned above including all documents Incorporated by ref*mw A,and agrees to be bound by the tamxa theTeln- Company Legal Nam, Master Pumps&Equipment Corp C€tmpanyAddress: 805 Port Arne ics Place,Suite 100 Dsiy.Slate A Zip("ode, Grapevine,T 76051 Supplier Poo*Solt No. OODO G01707 — Felere;111 Number 75 12158627 Printed Names of Ulcer orAulttorixed Repe5antab":Walter Wilkinson T dk Outside Sales Signature of Officer or Authonaed U210 qt taber 23,2010 Emall fldilress. pumpmaster0390masterpUMPS.MM Phave Nur"r. '( 14)924-3687 ITB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 23 of 34 Contractor Services Agreement R-JUNVORTH CITY OF FORT WORTH BID OFFER Invited: PUBLIC EVEW DETAILS went RoUnd SubinItTo: Oty W rw Mrth a- PURCRAGING M"StON LOWER LEVEL N-TY HALL 200 TEXAS ST riinisll Timbe Fort V*Oh TX 75102 hart Tana L2 -15 ti ftfte* EMM; FUSPurdiasinaRearjuriuc!s@fortworthtexat.gcw Line,. i Unit Grindqw Pun*U&es a 00 EA -- Brand: 2811,00 �8433-130 Ulm N.- LIM@- 92 RegUat on-wlewrviw-training rM per MAD 14ft Wrday-Fri0a1 8:01)am lo 15,00 arm 85.00 3400.00 Line- -q p0!;u-j%wQ": - . - ,---1.- --1- 1 _ -Ob- -A)"it- 0-jerItne an-sm semcwiminhig rat*par10.00 HR --- how,MoMmy-Fnday 5:01 pMw 7 10 PM 127,00 Line; 4 C ar'll L_ 4 BI at:�ffl 50.00 LA -------- Brand; E�WP-149 245,00 i 12250,00 Line! 5 Wtor card bearing EA Brava: ReAl PLvv and be-ring EA li 37,130 Item. zinc: 7 Medianicg Sea]AasemVy 50.01) FA llwm Line: a P!w';Kipulqq� -VI it? -low-------- - Fluam Rotor 50.06 EA 8 .00 9100-00 2 ITB No. 19-0000016 GRINDER PIJWS,PARTS AND REPAIR Page 24 of 34 Contractor Services Agreement CITY OF FORT WORTH BID OFFER W%"ID Pagq Invited: PUBLIC EVENT IDETAI LS - - - -7 -velint Round VMS-ion SubmItTo., =G I,,,of Fon Worth PURCHASING 01VISION ---------- i"NIX Name L(JVVF-R LEVEL CITY MLL 200 TFXAS ST. 7p Grlqdl�;X PWIP Knd Repair ------- R41#1 Tang Finish Time Foll Wbft 7X 76102 U 4ted Slates Email: Unw. 4 V,-wription: qty-,--- ---- --- PUMnp EA j tans: i0 61)00 EA 3300,00 Ulm: 11 ,Arm P;eEmra Gw7trh 0 5 ,30 EA Brand6B M 0.00 U.w: 12 jWWnqj:t-6U�D 7 ItICIL*-ji Rtw Ing _!lell 50.00 EA erar,j: Em—tn- 87.00 14350.01) uni ftiig EQ0 lndwliry wised W,a 0 EA Brand, -11- 123.00 !6150.00 Lim: 14 p9s-0~�, -- � - ----- ---. -- �---------------- Sentry 51m0ex Pane i 50-00 EA j—'.— Br,arw: Erwmwswila- .238.00 Iram, une, 15 qt�Lc;llps ;- UnIt 7260 Wh SOM 240Y Woo EA F"ra rw 1 572,00 Item L-.Ivw; 1,5 Volt aamol Paned eOAli CA BMW: fl— '540,00 Item—------ --—----------- Lim: 17 Total op 0Gp Damp Ekand: corm 21G52.rJ0 49040,.00 ITI3 No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 25 of 34 Contractor Services Agreement FQKI NVORT11 CITY OF FORT WORTH BID OFFER PUISLIC EVENT M-TAILS 'vem Round Submft To- Cjtl�f of Fort WWh PURCH,6ONG DIVISION I-MVER LEVELC-tTY HALL fay :TB qni-qq;� !Ll-—1 ,j 2CA TEXAS n ;t,it T-inw Fort V"h TX 76102 United States AMR, Unc 1$ pump 0 NJ— 20-015 FA Brand; Sm— 2194.00 4388100 Item: — Line: Automatic Lvoel Qr4W, MAL) FA Brand: 11400,00 [tern TOM11 NIOAffiaunt: 2205B3.00 ITB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 26 of 34 Contractor Services Agreement CONFL ICT OF INTEREST QUESTIONNAIRE FORM (ACQ For vendor doing business with IcKal tiovemmorital entity This kjLA%1,l0nrA"Fill INCH;ChareWSP M4,34 13 tft LWO frit KB-24 94W 109,PRO~5"44,611- 0FRC6 USE ONVt -,j r id i r 3 T_-_-,C,J3 r�e,4 l,n C,h a pl,a,!7r_',Ll�.ai Gt�v�r r 7-,e E.n :d 1z a Yes rK_,res adawllliu;;ll,:F mm a,MW MR 0,"0a tnnt f.fln-e;%I Lit,r,l4d C;t_Ju A vaox n pox I. %m oww a to wlem mom ng,ommm Sjow" 176 WV Lwal n._pmwninen miy. 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W.71 Its.y;lrcrrfuzalr.i Z ITB No. 19-0000016 GRINDER PUMPS,PARTS AND REPAIR Page 28 of 34 Contractor Services Agreement ATTACHMENT D INSURANCE AND ATTACHMENT D-1 BONDING (if necessary) (Behind this page are the City's standard insurance requirements and,if necessary,payment and performance bond forms) ITB No. 19-0000016 GRINDER PUMPS,PARTS AND RE Page 29 of 34 Contractor Services Agreement H U a B" Liability Insurance Endorsement Policy Period JANUARY 1,2020 To JANUARY 1,2021 Effective Date JANUARY 1.2020 Policy Number 3594-82-82 HOU Insured MASTER PUMPS&LQIAPMEN'T C:ORPORA'TION Name of Company GREAT NORTIJERN INSURANCE COMPANY Date issued DEC EMBER 30,2019 This Endorsement applies to the.following forms: GENERAL LIABJ11TY Under Who is An Insured,the following provision is added. Who Is An Insured Additional Insured- Persons or organizations shown in the Schedule are lawreb;but they are iuwu reds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is at'fordod by Or Organization this policy. However,the person.or organization is an insured only. • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement rewires the person or organization to be afforded status as an hwred; • for activities that slid not occur,in whole or in part,before the execution of the contract or agreement;and • with respect to damages,toss,cost or expense for injury or-damage to whicb tY,tis insurance applies. No porsoo or organization is an insured under this provision. • that is more,specifically identified under any other provision of the Wbo Is An Lured section(xegardlcss of any limitation applicable thereto), • with respect to auy assumption,of liability(of another person or organization)by them.in a contract or agreement,This limitation does not apply to thmc liability for damages,loss,cost or expense for injury or damage,to which this insurance applies,that the person or organization would bave in the absence of such contract or agreement., Liability insuranco Additional insured-Scheduled Person Or organization continued Form 80-02-2067(Rev.5-:07) Endorsement Page 1 C H U B B, Liability Endorsement (continued) tinder Conditions,the;following prop;ision is added to the condition titled Other Insurance. Conditions Other Insurance_ If you are!obligated,pursuant to a contract or;agreement,to provide the-person or organization Primary,Noncontributory shown in the Schedule with primary insurance such as is afforded by this policyt then in such case Insurance_Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or organization or organization. Schedule Persons or organizations that you are obligated,pursuant to a contract or agreement;to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative. Liability insurance Additional lnsursd-scheduled Person Or Organization last page Forts 80-02-2387(Rev.5-07) Endorsement Page 2 Master Pumps General Liability, Effective 01/01/2020-01/01/2021, Policy #: 35948282 Conditions tcontinueo� Transfer Or Waiver Of We will waive-the right of recovery we would otherwise have had against another person or Rights Of Recovery organization.for loss to which this insurance applies.provided the insured has waived their rights Against Others of recovery against such person or organization in a contract or agreement that is executed before such lost, 'ro the extent that the insured's rights to recover all or part of any payment made under(his insurance have not been waived,those rights are transferred to us.The insured)must do nothing after loss to impair thew.At our request,the insured will bring suit or transfer those rights to us and bell)us enforce them. This condition does not.apply to medical expenses. Liability Insurance Form 80-02-2000(Rev.4-01) Contraot Page 24 qr 32 POLICY NUMBER: (20)7357-27-31 COMMERCIAL AUTO 16-02-0316 Ed. 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - PRIMARY AND NON-CONTRIBUTORY LIABILITY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: MASTER PUMPS &EQUIPMENT CORPORATION Endorsement Effective Date: 01/01/2020 SCHEDULE Name(s)Of Person(s)Or Organization(s): PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANT TO A CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON OR ORGANIZATION,TO PROVIDE PRIMARY AND NON-CONTRIBUTORY INSURANCE. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Item 5. —"Other Insurance' of Item B. —"General Conditions" under Section IV—"Business Auto Conditions": e. Regardless of the provisions of Paragraph 5.a. through d. above, for any liability arising out of the ownership, maintenance, use, rental, lease, loan, hire or borrowing by an "insured" of a covered "auto" for which an "insured" is contractually obligated to provide primary insurance coverage to a client, this Coverage Form will be primary and non-contributory with respect to the Persons or Organizations in the schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 16-02-0316 Ed. 10 14 Page 1 of 1 Master Pumps Commercial Auto, Effective 01/01/2020-01/01/2021, Policy #: 73572731 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM borrow in your business or your personal This endorsement modifies the Business Auto Coverage Form. affairs. 1. EXTENDED CANCELLATION CONDITION C. Lessors as Insureds Paragraph A.2.b.—CANCELLATION -of the Paragraph A.I.—WHO IS AN INSURED—of COMMON POLICY CONDITIONS form IL 00 17 is SECTION II—LIABILITY COVERAGE is deleted and replaced with the following: amended to add the following: b. 60 days before the effective date of cancellation if e. The lessor of a covered"auto"while the we cancel for any other reason. "auto" is leased to you under a written 2. BROAD FORM INSURED agreement if: A. Subsidiaries and Newly Acquired or Formed (1) The agreement requires you to Organizations As Insureds provide direct primary insurance for The Named Insured shown in the Declarations is the lessor;and amended to include: (2) The"auto" is leased without a driver. 1. Any legally incorporated subsidiary in which Such leased "auto"will be considered a you own more than 50% of the voting stock on covered"auto"you own and not a covered the effective date of the Coverage Form. "auto"you hire. However,the Named Insured does not include However,the lessor is an"insured" only any subsidiary that is an"insured" under any for"bodily injury" or"property damage" other automobile policy or would be an resulting from the acts or omissions by: "insured" under such a policy but for its 1. You; termination or the exhaustion of its Limit of 2. Any of your"employees" or agents; Insurance. or 2. Any organization that is acquired or formed by 3. Any person, except the lessor or you and over which you maintain majority any"employee" or agent of the ownership. However,the Named Insured lessor, operating an"auto"with the does not include any newly formed or acquired permission of any of 1. and/or 2. organization: above. (a)That is an "insured" under any other D. Persons And Organizations As Insureds automobile policy; Under A Written Insured Contract (b)That has exhausted its Limit of Insurance Paragraph A.1 —WHO IS AN INSURED—of under any other policy;or SECTION II—LIABILITY COVERAGE is (c) 180 days or more after its acquisition or amended to add the following: formation by you, unless you have given f. Any person or organization with respect to us written notice of the acquisition or the operation, maintenance or use of a formation. covered"auto", provided that you and Coverage does not apply to"bodily injury"or such person or organization have agreed "property damage" that results from an "accident" under an express provision in a written that occurred before you formed or acquired the "insured contract", written agreement or a organization. written permit issued to you by a B. Employees as Insureds governmental or public authority to add Paragraph A.1.—WHO IS AN INSURED—of such person or organization to this policy SECTION II—LIABILITY COVERAGE is amended to as an"insured". add the following: However, such person or organization is d. Any"employee"of yours while using a an"insured"only: covered"auto"you don't own, hire or Form: 16-02-0292 (Rev. 11-16) Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc.with its permission" (1) with respect to the operation, d. Rental Expense maintenance or use of a covered We will pay the following expenses that you or "auto"; and any of your"employees" are legally obligated (2) for"bodily injury" or"property damage" to pay because of a written contract or caused by an"accident"which takes agreement entered into for use of a rental place after: vehicle in the conduct of your business: (a) You executed the"insured MAXIMUM WE WILL PAY FOR ANY ONE contract" or written agreement; or CONTRACT OR AGREEMENT: (b) The permit has been issued to 1. $2,500 for loss of income incurred by the you. rental agency during the period of time that 3. FELLOW EMPLOYEE COVERAGE vehicle is out of use because of actual EXCLUSION B.5.-FELLOW EMPLOYEE—of damage to, or"loss" of,that vehicle,including SECTION II—LIABILITY COVERAGE does not apply. income lost due to absence of that vehicle for 4. PHYSICAL DAMAGE—ADDITIONAL TEMPORARY use as a replacement; TRANSPORTATION EXPENSE COVERAGE 2. $2,500 for decrease in trade-in value of the Paragraph A.4.a.—TRANSPORTATION EXPENSES rental vehicle because of actual damage to —of SECTION III—PHYSICAL DAMAGE COVERAGE is amended to provide a limit of$50 per that vehicle arising out of a covered"loss"; and day for temporary transportation expense,subject to a 3. $2,500 for administrative expenses incurred maximum limit of$1,000. by the rental agency, as stated in the contract 5. AUTO LOAN/LEASE GAP COVERAGE or agreement. Paragraph A. 4.—COVERAGE EXTENSIONS-of 4. $7,500 maximum total amount for paragraphs SECTION III —PHYSICAL DAMAGE COVERAGE is 1., 2. and 3. combined. amended to add the following: 7. EXTRA EXPENSE—BROADENED COVERAGE c. Unpaid Loan or Lease Amounts Paragraph A.4.—COVERAGE EXTENSIONS—of In the event of a total"loss"to a covered"auto",we will SECTION III—PHYSICAL DAMAGE COVERAGE pay any unpaid amount due on the loan or lease for a is amended to add the following: covered"auto" minus: e. Recovery Expense 1. The amount paid under the Physical Damage We will pay for the expense of returning a Coverage Section of the policy; and stolen covered"auto"to you. 2. Any: 8. AIRBAG COVERAGE a. Overdue loan/lease.payments at the time of Paragraph B.3.a.- EXCLUSIONS—of SECTION the"loss"; 11.1—PHYSICAL DAMAGE COVERAGE does not b. Financial penalties imposed under a lease for apply to the accidental or unintended discharge of excessive use, abnormal wear and tear or an airbag. Coverage is excess over any other high mileage; collectible insurance or warranty specifically c. Security deposits not returned by the lessor: designed to provide this coverage. d. Costs for extended warranties, Credit Life 9. AUDIO,VISUAL AND DATA ELECTRONIC Insurance, Health,Accident or Disability EQUIPMENT-BROADENED COVERAGE Insurance purchased with the loan or lease; Paragraph CA.b.—LIMIT OF INSURANCE-of and SECTION III - PHYSICAL DAMAGE is deleted e. Carry-over balances from previous loans or and replaced with the following: leases. b. $2,000 is the most we will pay for"loss"in any We will pay for any unpaid amount due on the loan or one"accident"to all electronic equipment that lease if caused by: reproduces, receives or transmits audio,visual 1. Other than Collision Coverage only if the or data signals which, at the time of"loss", is: Declarations indicate that Comprehensive (1) Permanently installed in or upon the Coverage is provided for any covered"auto"; covered"auto" in a housing, opening or 2. Specified Causes of Loss Coverage only if the other location that is not normally used by Declarations indicate that Specified Causes of the"auto"manufacturer for the installation Loss Coverage is provided for any covered "auto"; of such equipment; or (2) Removable from a permanently installed 3. Collision Coverage only if the Declarations indicate housing unit as described in Paragraph that Collision Coverage is provided for any 2.a. above or is an integral part of that covered"auto. equipment; or 6. RENTAL AGENCY EXPENSE (3) An integral part of such equipment. Paragraph A. 4.—COVERAGE EXTENSIONS—of SECTION III—PHYSICAL DAMAGE COVERAGE 10. GLASS REPAIR—WAIVER OF DEDUCTIBLE is amended to add the following: Form: 16-02-0292 (Rev. 11-16) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc.with its permission" Under Paragraph D. -DEDUCTIBLE—of their rights of recovery against such person or SECTION III—PHYSICAL DAMAGE COVERAGE organization under a contract or agreement the following is added: that is entered into before such"loss". No deductible applies to glass damage if the glass To the extent that the"insured's" rights to is repaired rather than replaced. recover damages for all or part of any 11.TWO OR MORE DEDUCTIBLES payment made under this insurance has not Paragraph D.-DEDUCTIBLE—of SECTION III— been waived,those rights are transferred to PHYSICAL DAMAGE COVERAGE is amended to us.That person or organization must do add the following: everything necessary to secure our rights and If this Coverage Form and any other Coverage must do nothing after"accident" or"loss"to Form or policy issued to you by us that is not an impair them.At our request, the insured will automobile policy or Coverage Form applies to the bring suit or transfer those rights to us and same"accident",the following applies: help us enforce them. 1. If the deductible under this Business Auto Coverage Form is the smaller(or smallest) 14. UNINTENTIONAL FAILURE TO DISCLOSE deductible, it will be waived; or HAZARDS 2. If the deductible under this Business Auto Paragraph B.2. —CONCEALMENT, Coverage Form is not the smaller(or smallest) MISREPRESENTATION or FRAUD of SECTION deductible, it will be reduced by the amount of IV—BUSINESS AUTO CONDITIONS -is deleted the smaller(or smallest)deductible. and replaced with the following: If you unintentionally fail to disclose any hazards 12.AMENDED DUTIES IN THE EVENT OF existing at the inception date of your policy,we will ACCIDENT,CLAIM,SUIT OR LOSS not void coverage under this Coverage Form Paragraph A.2.a.-DUTIES IN THE EVENT OF because of such failure. AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV- BUSINESS AUTO CONDITIONS is 15. AUTOS RENTED BY EMPLOYEES deleted and replaced with the following: Paragraph B.5.-OTHER INSURANCE of a. In the event of"accident", claim, "suit" or SECTION IV—BUSINESS AUTO CONDITIONS- "loss",you must promptly notify us when the is amended to add the following: "accident" is known to: e. Any"auto" hired or rented by your"employee" (1) You or your authorized representative, if on your behalf and at your direction will be you are an individual; considered an"auto"you hire. If an (2) A partner, or any authorized "employee's personal insurance also applies representative, if you are a partnership; on an excess basis to a covered"auto" hired (3) A member, if you are a limited liability or rented by your"employee" on your behalf company; or and at your direction,this insurance will be (4) An executive officer, insurance manager, primary to the"employee's" personal or authorized representative, if you are an insurance. organization other than a partnership or 16. HIRED AUTO—COVERAGE TERRITORY limited liability company. Paragraph B.7.b.(5).-POLICY PERIOD, Knowledge of an"accident", claim, "suit"or COVERAGE TERRITORY of SECTION IV— "loss"by other persons does not imply that the BUSINESS AUTO CONDITIONS is deleted and persons listed above have such knowledge. replaced with the following: Notice to us should include: (5)A covered"auto" of the private passenger (1) How,when and where the"accident" or type is leased, hired, rented or borrowed "loss"occurred; without a driver for a period of 45 days or (2) The"insured's" name and address; and less; and (3) To the extent possible,the names and 17. RESULTANT MENTAL ANGUISH COVERAGE addresses of any injured persons or Paragraph C. of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following: 13. WAIVER OF SUBROGATION "Bodily injury" means bodily injury, sickness or Paragraph A.5. -TRANSFER OF RIGHTS OF disease sustained by any person, including RECOVERY AGAINST OTHERS TO US of SECTION IV—BUSINESS AUTO CONDITIONS is mental anguish or death as a result of the"bodily deleted and replaced with the following: injury"sustained by that person. 5. We will waive the right of recovery we would otherwise have against another person or organization for"loss"to which this insurance applies, provided the"insured" has waived Form: 16-02-0292 (Rev. 11-16) Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc.with its permission" WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation For policies or exposure in Missouri: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-01-20 Policy No. (21) 7173-92-55 Endorsement No. Insured MASTER PUMPS & EQUIPMENT CORPORATION Premium$ Incl. Insurance Company Federal Insurance Company Countersigned By WC 00 03 13 (Ed.4-84) ©1983 National council on Compensation Insurance. Insured Copy WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. (❑) Specific Waiver Name of person or organization Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. (M) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-01-20 Policy No. (21) 7173-92-55 Endorsement No. Insured MASTER PUMPS & EQUIPMENT CORPORATION Premium$ Incl . Insurance Company Federal Insurance Company Countersigned By WC 42.03 04 B (Ed.6-14) ©Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. Insured Copy Master pumps Umbrella, Effective 01/01/2020-01/01/2021, policy #: 79880952 H U CS ET, Chubb Commercial Excess And Umbrella Insurance Contract Please read the entire policy carefully.The terms and conditions of this insurance include the various sections of this contract: Coverages;Investigation,Defense And Settlements; Supplementary Payments;Coverage Territory;Who Is An Insured;Limits Of Insurance;When Excess Follow-Forrn Coverage A Applies(Drop Down);Exclusions;Conditions and - Defrnitions,as well as the Declarations and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words"you" and"your"refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract.The words"we," "us" and"our"refer to the Company providing this insurance. In addition to the Named Insured,other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Insured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. Coverage/ Subject to all of the terms and conditions applicable to Excess Follow-Form Coverage A,we Excess Follow-Form will pay,on behalf of the insured,that part of loss to which this coverage applies,which exceeds the applicable underlying limits. Coverage A This coverage applies only if the triggering event that must happen during the policy period of the applicable underlying insurance happens during the policy period of this insurance. This coverage will follow the terms and conditions of underlying insurance described in the Schedule Of Underlying Insurance,unless a term or condition contained in this coverage: • differs from any term or condition contained in the applicable underlying insurance; or • is not contained in the applicable underlying insurance. With respect to such exceptions described above,the terms and conditions contained in this coverage will apply,to the extent that such terms and conditions provide less coverage than the terms and conditions of the applicable underlying insurance. This coverage does not apply to any part of loss within underlying limits,or any related costs or expenses. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation,Defense And Settlements and Supplementary Payments sections of this contract,we have no other obligation or liability to pay sums or perform acts or services under this coverage. Coverages/ Umbrella Coverage B Bodily Injury And Subject to all of the terms and conditions applicable to Umbrella Coverage B,we will pay,on Property Damage behalf of the insured,loss by reason of liability: Liability Coverage imposed by law;or • assumed in an insured contract; Chubb Commercial Excess And Umbrella Insurance Page 3 of 32 Form 07-02-0815(Rev.7-01) Contract ATTACHWNT E VERWICATION OF SIGNATURE AUTHORITY Contractor: Master Pwups& Equipment Corp Address- P.O.Box 1778 City, stare,zip: Grapeviiie,TX 76099 Execution of this Signature Verification Farm ("Form') hereby certifies that the following individilaI andlor 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 prober order, resolution,ordinance or other authorization of Contractor.City is fully entitled.to rely on the warranty and representation set north in this Fora in entering into any agreement or amendment with Contractor. Contractor will subilut 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 Fonn until it receives a revised F'orrn that has been properly exmifed by Conractor. I Name: Kevin Figge Positi n: Chief Fina. -'at Officer Signature 2.. Name- Position: Signature 3, Name: Position: Signature Nang Signature of C.F.0 Other Title: Treasurer Date: 04/23i20 1 i11 tti•. l t?!ltit )I(I GRINDERPlih-fPS,PA.RTSAIND REPAIR rage 34 of 34 Contractor Services Agreement City of Fort Worth, Texas Mayor and Council Communication DATE: 02/18/20 M&C FILE NUMBER: M&C 20-0072 LOG NAME: 13P19-0016 GRINDER PUMPS,PARTS AND REPAIR SKR WATER SUBJECT Authorize Non-Exclusive Agreements with Zone Industries, LLC,d/b/a Precision Pump Systems,and Master Pumps&Equipment Corp.for Grinder Pumps, Parts,Accessories,Control Panels,and Repair in an Annual Amount Up to$205,000.00 and Authorize Four One-Year Renewal Terms for the Water Department(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize non-exclusive Agreements with Zone Industries, LLC d/b/a Precision Pump Systems and Master Pumps&Equipment Corp.,for grinder pumps, parts,accessories,control panels and repair in an annual amount up to$205,000.00 and authorize four one-year renewal terms for the Water Department. DISCUSSION: The Water Department approached the Purchasing Division to procure wastewater grinder pumps,parts,accessories,control panels and repairs for various locations throughout the City of Fort Worth. The Invitation to Bid(ITB)consisted of detailed specifications describing the parts, accessories, repairs and training needed to meet City of Fort Worth standards.The Water Department certifies that the bids received from Zone Industries LLC d/b/a Precision Pump Systems and Master Pumps&Equipment Corp., meet the specifications required for the items that are being recommended. The bid was advertised in the Fort Worth Star-Telegram on October 2,2019,October 9,2019,October 16,2019 and October 23,2019. Four bids were received. 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 M/WBE subcontracting requirements was requested by the Purchasing Division and then approved by the MWBE Office, in accordance with the MWBE or BDE Ordinance,because the purchase of goods or services is from sources where contracting or supplier opportunities are negligible. This Agreement shall begin upon City Council approval and expire on September 30,2020. This Agreement may be renewed for up to four successive 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 terms. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and award of the agreements,funds are available in the current operating budget,as appropriated, in the Water&Sewer Fund. Prior to any expenditure being incurred,the Water Department has 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 Steven Rathers 2057