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HomeMy WebLinkAboutContract 53888 CSC No. 53888 i�4`�;r t•r—�_ MAY -7 2020 Ckv EFFORT\NORTFI CONTRACTOR SERVICES AGREEMENT CIl`(SECRtiT�F�\' 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 Zone Industries,LLC Precision Pump Systems ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized NTX Branch Manager. 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 Il; 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 301h ("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 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. - -_ FFB No. 19-0016 GRINDER PUMPS,PARTS AND REPAIR Page I of 33 OFFICIAL REDJ k,,v_ Contractor Services Agreement CITY SECRETARY 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. Non-Appropriation of Funds: In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then City will immediately notify Contractor of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. Unauthorized Access. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, l l'B No- 19-00 16 GRINDER PUMPS,PARTS AND REPAIR Page 2 of 33 Contractor Services Agreement representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Contractor acknowledges that the doctrine of 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 LLABILITY- 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 A GREEMENT, 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. I f B No. 19-0016 GRINDER PUMPS,PARTS AND REPAIR Page 3 of 33 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 Contractor business name Attn: Cristina Camarillo/Purchasing Supervisor Zone Industries Dba Precision Pump Systems 200 Texas Street 820 W. Sandy Lake Rd. suite#200 Fort Worth,TX 76102-6314 Coppell,TX 75019 Email: Cristina.Camarillo@fortworthtexas.gov Phone: 817-912-5151 Phone: 817-392-8355 Facsimile: (713) 783-1221 Facsimile: (817)392-8654 Email: cbrown@precisionpumpsystems.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 M No, I9-00I 0 GRINDER PUMPS,PARTS AND REPAIR Page 4 of 33 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 party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 20. ENTIRETY OF AGREEMENT This Agreement, including its attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their respective assigns and successors-in-interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 21. WARRANTY Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. Contractor warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract. Additional specific warranty provision are found in 11'B No. 1 9-00 16 GRINDER PUMPS PARTS AND REPAIR Page 5 of 33 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 parry 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 1 M No- 19-001(i GRINDER PUMPS,PARTS AND REPAIR Page 6 of 33 Contractor Services Agreement 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 data subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH., CONTRACTOR: nn y; By: 9am.Burghdc(I it.ay G,2U'.1 � (ma ' Name: Dana Burghdoff 'Kama-:Collin Brawn Title: Assistant City Manager Title: NFX B aneb Manager Bath: Date: May 7,2020 APPROVAL RECOMMENDED: " 40&L 6fa`del- By O1rt— u»la,�4.eer(K11d,?nzu; Name:Chris Harder 5 Title: Water Department Director ATTEST: j { k � .✓' i 4,'r By, Name: Mary J.Kayser F< ` Title: City Secretary APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that 1 am the person . By; °B'""".` o.z°t responsible for the monitoring and Name: Douglas W Black administration of this contract,including Title: Sr.Assistant City Attorney ensuring all performance and reporting CONTRACT AUTHORIZATION: requirements. M&C:20=0072 Date:02/18,20 12959 575?(n S By: a e:Main Phillip Title: Engineering Manager rrB No.19-0016 GRINDER PUMPS.PARTS AM MAIR Page 7 of 33 Contractor Services Agreement EFT. WOF ECORETARYH, TX 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, 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. I'l B No. 19-0010 GRINDER PUMPS,PARTS AND REPAIR Page 8 of 33 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. lTB No,1.90-016 GRINDER PUMPS,PARTS AND REPAIRPage 9 of 33 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 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 repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 1TB Teo. 19-0016 GRINDER PUMPS,PARTS AND REPAIRPage 10 of 33 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, 1;.9-00 to GRINDER PUMPS,PARTS AND REPAIRPage 11 of 33 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 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 1113 No. 19-0016 GRINDER PUMPS,PARTS AND REPAIRPage 12 of 33 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. 19-0016 GRINDER PUMPS,PARTS AND REPAIRPage 13 of 33 Contractor Services Agreement PART-H 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 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 CONTRA 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 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 I TB No. I9-001 16 GRINDER PUMPS,PARTS AND REPAIRPage 14 of 33 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 SHm:ENT i7NDER RESERVATION PROHIBITED 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 PL 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 SOETWARE 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 OWNERSHIIE 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 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. 1TB No, 19:;0016 GRINDER PUMPS.PARTS AND REPAIRPage 15 of 33 Contractor Services Agreement 13.0 NETWORK A S 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 (1-9). 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 HEALTH,SAFETY AND ENVIRONMENTAL REQUIREMENTS 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 IT'B No, I9-0016 GRINDER PUMPS,PARTS AND REPAIR_Page 16 of 33 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 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 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. I FB No, 19..-0016 GRINDER PUMPS,PARTS AND REPAIRPage 17 of 33 Contractor Services Agreement ATTACHMENT B CALL FOR BIDSTROPOSALS (Inserted behind this page) I Ill No, 19-0016 GRINDER PUMPS,PARTS AND REPAIRPage 18 of 33 Contractor Services Agreement ATTACHMENT C CONTRACTOR'S RESPONSE TO CALL FOR BIDS/PROPOSALS (Inserted behind this page) I FB No. 19-0016 GRINDER PUMPS,PARTS AND REPAIRPage 19 of 33 Contractor Services Agreement CITE' OF FORT WORTH BID OFFER 10.. — ------ Psgr lnsvfded� PUBLIC EVENT DETAILS cvws>•r d-aao4s (....... EvarrdRaland �reeW�_..__W__.e. culml Nat" -- tsrn�kTa Glttyynt�artWorth tftart Time Fl air 9 mm PLIRCHA SU1113 DIVISfCIfiJ lo 24 2D,19 13.30.ao UM LCh'tM LEVEL CITY MILL 200 TSMS St. Fort'Warth Tx ra102 Untied Steles Email: FirMSPufcheatngReaponserr@NrWodhtdm.gov F-Vont SCNp{Ott The Crty of Fart Waalh la seeking bids f m aliNN bidder Isar Grinder Pum Paaris and Ito bar are AnnualJkflreement for the Waiar Depertmen4 I tYar(0PIpetes."tha Inl�ltarrn far the�amentto be In on�lre date tad In I�urhsrielriler E a[rate d and shall e�plra®n upting Saptir , (t>tgtratirxr i7ete^} unless termme d earlier In o=or�dance Mh thls Agrr rant C'Ihfpal Ted.U on lien at the r 101 Term MO rent may be renewed with(4)one-year addillonal Merles a the CiWS option,unless City or Suppf�rr prov=the ether party with notice of Mn�rpene*at at loost 50 days befM ohs theAgreement 34 tbndar d�after$�v din arrm iffiuestfa the 8iup` pllaratW'the City Y nrsl Torms&Conditions No Pre-Bid t mforervce for this ITS. Bldg are ealldted frw allofr pumPo,Paris and repair its svt Earth in this softna mp d All bid IndudIng one executed anginal,one cog and one Use it ob drive cantafr ng l ad, dor umenta moat bs rece#vsd'n#ts l�urchas#ng[5lvlefan fxy 1t3ti F M.,Qctaber 24p 2ts19, ���,ra�an OW $halt sand feed aloud rat ,dC►pill,In theuro�9 Chambats Bkta moat tae dubn�+tbad to a asalatf anvalo Bkf m®s�trot Numlger wrlgeat on the outside a(the Eneralape.addtrsdd to thb PtJr[#arittg fMarlagar rn Buyer,Y mei�d`are r�iar�rd dstirretedalgp sddm 1: pnR Deadline rn vrder to i�conaldsretl, City of Fort Worth city Hall T7e�xxPtwehaslrV DWision Purl rr foriM t E,TSo t t+teat Lower Lioval olds de0gred by"mild wvj%r{i a.Federal,Expresso ec4al Delivery elo.)are to be marked ran the outside of Iiletautier'a ahippingl errveicps"91d Na.1 rat8,rTB Giticcfer Pup�s,Parts and Repair and must the Wwved by I*PurdiaftV and time stamped prior to the 1 fit Pm cleadllne In order to be aonre ldered. LatB IQs will be rrihame4 or dasiray ;they twill not be apahed new cohsdderad to tits frvalualien of staid, tllda may bs withdravin at ants time pr5ar to�ra 0mold�aaring.Bids rma not be ettorsd,affianded nr lhdrawn alter the oflWal operring.Drs uredereigned agrees,if Elie bid In to Iufniah eatY 1ifobans Contained winch pricas are taNared at the plcs(a end lha terlV ctwl+r�l on&and scopb�xw In this duc meant.The period for eooep�nce a#Ile bid v�be 90 calendar days elfei the bid opentne date, Shoudd other Governmental erdiiies decide to partial to in this contract would you,the Vendor,agrea IMI all teens,cm*iona,speclil callons,and prldng shall 1F?Yes.___Nos—,--.-, DootanerYts are hereby I" rated'Into this solteitaWn by refer s:with the cama force slid Wed as If U*y were inoorporsled er err C1. jjowmertl Name- ooeilon Bid ofkr Sheet"Cdvar Page of Final Hid Document and Atlech ed as a separate document InfroaVdllon to 5lddewParrl 2 8 rallons_Parta rd Pumchasing Tahm and Conditions-Paal A Connfoto(Irrtereat eolrzaur4lfi ulrement-'*A erhrramtA**-Partd Conslderaflon rat ucedfcrisi of Bi Prkrc Plscb of Bu#7m#j *Attachment B*'(lf app&.abib�Part b Sirfapllot Conloot IMormellon-"'AltwhnwK�C"-Pdd d Hd►v fo regleler with the llty of Fort wordh-machtraeilt o par1 S No Bld Sheet,Attachment .Part$ AddidwalScapeof8ppadiliaafions-Attach lerttF�Part5 #�aAiploAgrdentenF ttaahmsnt l i-Part 5 "'Rsaudeed to be compleaad asd subrriled.See Seallun 19,0,Rork S far all required documant aubmlasran" ITB do 19-.1Q(_G GRINDER PUMPS PARTS AND REPAIRPage 20 of 33 Contractor Services Agreement b b CITY OF FORT WORTH BID OFFER. Pam Invited-,Invited-, PUBLIC 5Vr=ldl'f7EMLS Ewerrt Rsruad Evert Neese s4d7rr�4t 1`o 0I�y of Fort WOO l5imt TMa1w !snhd Anne pi JRCHASING MISION i d Eal 12.00,60 ro 7d rein a�3ecae cpr LOWER LEVEL CfTVHALL Fart WrJrlti'Tt€7'814 United Slates [mail: phRSPurchae�3pons��talt�vartk�iexa;6.g�' The undersigned,lt!tr�lharalgnature.represents thathefehe is ssutrmitiing a blrtdtr�g errand is authorised to bind the respandant In fully amply with the s0lirfila9lan do#irnera conlaMed fiarstirl-The Roapmdent,by submitling and sllyft below,acknowledges that hGAhs has rarelvo and read the entire dGuument parkal seelftm dead above,fnalud"all doomepts lnrx painted by raiarw=,and agrees m ire bound by the @terms thereras. Companyl,tgss Nana; zone indtislrie C1be P slon PUMP;systems CompenyrXddress; 820 1a1 Sand Lgke ft Suite#200 City,state&Zip Code;Cs�E�peli TX 75fM1 SkopllerPeapleMNO, 0000000387 edarai Iti Ntrmt r; 46-1109042 Painted Name n(OfuoerorAuthorixesiRelpfrlsaeMauvec �r4i�iTt!3i�4Vh xdle;,l�erlefai k�tt�5,st�er � Watum of 00je s+r or Auttsorlxed ReprernentOM: oats. M209 Small address. �rCWl1 R0991 729 11112§5 C I N s Ct M Phwo Number. ITB No. 19-Op,1.,6 GRINDER PUMPS,PARTS AND REPAIRPage 21 of 33 Contractor Services Agreement qgil CITE' OF FORT WORTH BID OFFER p ngm Invited. PUBLIC EVENT DETAILS e"wt ID e rttPO4nd varston �Srrk N�o i� a�a nce. J<etla�>r��. {t Tkna SuI►m1I To: �Ity trl r: U�orhh IltarElr4nv �tCHASIM WSIGN lmwaw LOWER LEVEL C;ITYHALL 200 TEXAS S.. 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E BiPia1 a�i.f3tF $2C ,880,00 CA u nor. iinm; #56 Dgpni k a,a: 7 tnfe.trrinn ®_ T8_t ._� tdrl{t —--- EA Anombty @runtl: ltam: Cil}1 i Linn; b '54hr___.____.�t.� $Brand- a �- -._.�.4i�,Ge EA �$tZlt.6e 33�17� I L i + i i + 1 + 1111 No,,19...0016 GRINDER PUMPS PARTS AND REPAIRPage 22 of 33 Contractor Services Agreement CITE' OF FORT WORTH BID OFFER pw invited: PUBLIC EVEW UETAILS E.ni apt. aeFI.1 _ IBif� hu Flrslaii'fry BWbM1it T8,. 6�yy Gt Fart Mtcsri9e a ei a r ru n �g1za1�8d� �a� ,po i r�__ PIJRt�iA1IIR0DIVISIO —_ LOWER LEVEL CITY HALL 200 TEXAS$T• riart V*Ab TX 76102 Unikd States emaliS FhtSPumlr sl pvn�e farCyuarti taa, 1+ LIMnt 9 t?r® Unit,_,:.:._:._.---- FwYtpSlAtafa sr IMOD Gram $ .DCd GO1 8,37 $3 9f •64 L►ns; 41? F11'JotPtiroi�tire�41lChF• "�______-------.,<_.�.. Bllp---� L..�_- " Alarm Prpsy re 5w 80,00 EA Bt rri; E-aMa ,ep $2,34Q-00 t6art,: Unan t2 • Qiv�-_—iF+ii it_ _ 1h�d&I PrtS.� .r..^..._..��1,-R.,-v,. -- tx�ptaeement Beard;MMWI ��Jg�jplior,: RReepp --- - mery1E4E7'hrluc�ltnglnsertDDD EA Brand;.E- no 87,1d Irc l$4,39d.0D Item:..: ir3U1 ---------- uiw 14 Ott __ 1Jrrit Prle9 Bantry 34rnpa+X Pnrnal 54.E 4 ..�. 16am; 1 Llnw 16 CAT arArrd; &One E$4q4 ft, tl pD MOD Elk Pa�%un"NAA NAA MA L1nP: IT 7®fol- P+ Ap t GP Bardls�hUl4 •00 Eh �� 8f8Pre1; diem, W ! NSA I M M),1_9...001.6 GRINDER PUMPS,PARTS AND REPAIRPage 23 of 33 Contractor Services Agreement CITY OF FORT WORTH BID OFFS r �` Papa tn'vtRadr Pr.IBR.Ik.eVEhiT t�"TItIR� Sdrtitn4t Tor i Of Fort worth Fia�h7�r+a R>i iN�©I i81ON fd'rYlly+�i§ � iflazOa Cd iuJstl fll l l asaa sr IOWERI�V�Cl1 HALL 2700 TEAS ST, For!WortlR Ti(7S9p2 Unl 5tata email: hI3f Itch eingFGG91 l rthlRe7n7e:QaY Rhin to tlnp Uu�itPrRm YtR81 p"arhNRmn Pub lA.00 1WA Brmid= ham: L.Ina; 1B llntR Unlit rlma _.Yatal ,_,»,R,.,_ lam JloRawiC ilyd M00 F-A Qrarxi; 1�11k M1ilAl T9tp.l94dAmaun* E76 3 .50 i i 11'B'No.1_9:0016 GRINDER PUMPS PARTS AND REPAIRPage 24 of 33 Contractor Services Agreement ._ ...--....... CONFLICT OF INTEREST OUESrTfONNAIRE FORM CFO For vendor doing business with local govo rrt medial onllty Tirlo gllowlfannslre aetlsets ehs Ps nlstlu to the I"tty KW 21"Ih L"~ nequinit sesslon. 7hlsquestlannalroIs being'mad inac=demawll.A t lar176.LocalGovernmEWCoda, u1y,p4c*os by avendorwhohasabia* reWIDn8hlPa'%dW Wby3acilonl7f,{laf(1-a)wilhalural gcwainmantsl antltyn and ihaysndormeels rerlulrpriwis under Sechon I79A(16f4 Bylaw this quesannnelre nwsl be flWwitfi fho records admYnlstraW ol'th9loo�li�retrvrtarttal entity nA War than the7lblauslniassday itorthedalerheverulPrla amagawareailfads; llr teck,uirelhoola lnentio filed,amSecliantM.406(0),LocalGamorniment Code.'. A vatydor commits an ufisnsie Il tho vandw knowingly vic"Ies 86011011 i?'S 000.dal GwornmonlCoft.Apofenseunderthis-sectionIsa mbdoniciancr. 1 NAmselvendorwhGhosabusln933reiatlimshiPwlth local®rnommontalatr►lby, ,�MC _:.. MeO sbostlymrrererllitkganlilyddlldnpiavoWsryr dqugsdl nrael (The Lein requires khan you life an updated completed que,midtinalra whii the apProprlate Piling eul:6061y net War hmn the 71t business day ehar the dale on which you:bums aware chat Ihs*(Vrtely 51w quasWnnalro was jocomplets or Inaccurate,)Fj _ game at loan,goverttmenl o,tiycsr gboutwhturt lhw hrlotmatlon Inuits Wotan is being dr56gp56al, ldema Or 411iGor This owafloo plain a ftlruding sufopipas A,8,8,8 l31 must te coltopled tor ulfb vfdiear wilh whoa►ohs vembi has art ornptoyrnent or otherbttsirreearalailonohip as deft iod try Steiner 176MI11-41,I.etar GoverrimentCaode.Ailach addltlonal pages*this Form CIO as aecassary A, Is the Focal-gdvsrnmOra ofliicer nometl in We$pol pn taco mu or'IJrily la recslws le UMB hu-once",Other tl An lm*stmard incom%from tho,VOW110 Ycy No a.is the radarroctria+ngariketytorooe"laxubwintorne,,ollrorthanIrrwne"arit income,Iradaorat16at$retGonOfthetacarl goverrrntatal o4kAr aramed In arts section AND fie laxWo Income it nOt roG&W from 91$boa gideariie"Mal onl'rly? 0 you Pta 0� Is the upt et lids quioitiannalre am**by 8 cu"ralian or Whor brxsiness entity wile►taroeat to whith lha lb`A'l gevorrvrront officer serves as an ofrcar o:d'rMr,Or holds an ewnerst p erleredt of ores Wooail Or nwr@7 0 Yea W No U,ihoscrdra each employ mem or burin and 4giIly rol'atlonsh-p vAth the Ia"I grrwarnmsrd o6cor named In kNo,seeWon, $anon"at vendor doing Iw muse wit tkc grrrommarM anlfty Dift AAdiopled aurae 05 1TT1 No. 19-0016 GRINDER PUMPS,PARTS AND REPAIRpage 25 of 33 Contractor Services Agreement ATtl4tat MMY w ID cONS1QERATION OF LOCATION Of Rippl3'RPS PfUNCIPAL PLACIZ Of 13USINESS 80don 2-14 of the Fort Worth Code of Ordinances authorises the City Council,wtwn considering compstltive sealed bids, to enter late a 00"tnect kr certain purchases with a .41drter whose wi thin 3 5 of business eloiwest bK corporate limits vaC a of re�quuesrt�and goods or sir e$ retiuested,If the low�eet bid is!'rout a business oulahie the rrruniCIP811tY MW corttr86ting with the local bidder would provide the best cormmbinartion of price and other economic benefits to the mu"160llty. Requests to be oortelderod a local business must be submitted on this Bonn w1h bid packages to be oansiderad by that City of Fort Worth, QueMlona ohould be addressed to the Purches"staff Ilsied in the bid or request package. The Fart Worth City Council requires the f0kWing:infrarrrlaiion for r onslderation of locaftn-of a bidder principal place of business. Add'additional sheets if needed to pmvlde this Infom--lion. t, Locattonal EllobNity. Principal Place,of Susinees In Fort Worth.Taxes. a. Do you hava a Fort Worth office? if yes.Identify address: No a, What percentage of estimated grass company sals$(worldwid o)are sates adginating in Fort Worth? 'Odglrmaling In Fort Worth"shall mean payable at the Fort Wow office.[must exceed 50%1 Low than;M 2, Eummic Da4oprme+nt opportunities reswtting from contract. a Number of Fort Worth tesid ant-employ yes? None b. Amount of Cllyrrf Fort Wdrlh ad valorem taxes[real d business personal property)paid bit oompany(for pride'iax year—FortWorth office or former lorallon.if Forl Worth oliice Is newly- established)? Nor* Cacti lion of information: The undersignad does hereby affirm that the information sopolod is true as d correct as of the,date i enw,under penalty of peduryr. Zone rriftsirf s Oba Preplalon Pump Syslsnts 1 2df2I►i6 l I tC meshy name} {Grata} lm 6ro" NTX Srs�roah Nrau�aages (Printed NarM and Tate) I I'll No, 19-0016 GRINDER PUMPS,PARTS AND REPAIRPage 26 of 33 Contractor Services Agreement ATTACHhIOT-C SUPPLIER CONTACT INFORMATION Supplier's Name.' Zcna lrWuslries Me Preclskm Pump SM02S Supplier's Loasl Addreee: MW early Lake Rd.Sulea 312N1 Phone: 81791215M Fax: i3-T83.1Z21 Email` cbrawn(lpr®eklon"umpa"W na com Name of Person assigned specificaly for this Agreement: NalTIlle Callln Brow» lJT1t Brsnryh flanaper Phone: 817-ai? 18i Fax; 713-783-1 21 Email: cbrow111Qprsd np'kumpsystern8=m Name of persons for renewl Information andfor bllOng q?uesifons, NNnSITills Couln Brown, F1TXUra Tech Ma"pr Phona€ 5'17-913-5151 Fax. 7la-7834221 (Email- cbrowrQ"clalorrpumpsyslert corn Nselna�'T81a S1 t3al�sun� I, SP Marieger PhWW Fax: 713 763.16;'�iEi 713-783-1 221' Erryait`_�ebi` prar�s�rnpuinp9y�tama�ora _ ._ 1 Collin Brawn 1W244419 SignMum Printed fame ---- Date - I rB No. 19-0016 GRINDER PUMPS,PARTS AND REPAIRPage 27 of 33 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) il'11 No._19_0016 GRINDER PUMPS,PARTS AND REPAIRPage 28 of 33 Contractor Services Agreement ATTACHMENT E VERIFICATION OF SIGNATURE AUTHORITY Contractor: Address: City,state,zip: Execution of this Signature Verification Form ("Form")hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution,ordinance or other authorization of Contractor.City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Contractor. 1. Name: Position: Signature 2. Name: Position: Signature 3 Name: Position: Signature Name; Signat of President/CEO Other Title: Date: 1TB No,19_0016 GRINDER PtjNIPS,PAW(`4 AND RETAtRPage 29 of 29 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