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Contract 54257
CSC No. 54257 CONTRACTOR SERVICES AGREEMENT INSTRUMENTATION EQUIPMENT, PARTS AND SERVICES ITB No.20-0076 Instrumentation Equipment Parts and Services 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 Macaulay Controls Company ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized President. 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—Terms and Conditions,Parts I and II; 2. Attachment B -The City's Invitation to Bid("ITB") 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 Instrumentation Equipment, Parts and Services 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 $111,111.11 ("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 shalt not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION/CANCELLATION OFFICIAL RECORD ITB No.20-0076 INSTRUMENTATION EOUIPMENT PARTS AND SERVICES Pag Contractor Services Agreement CITY SECRETARY FT.WORTH, TX 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 disclosures 6. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and ITB No.20-0076 INSTRUMENTATION EOUIPMENT,PARTS,AND SERVICES Page 2 of 32 Contractor Services Agreement 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 LL4BLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED 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. ITB No.20-0076 INSTRUMENTATION EQUIPMENT,PARTS,AND SERVICES Page 3 of 32 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: Sarah Czechowicz/Buyer II Macaulay Controls Company 200 Texas Street 13920 Osprey Court, Suite E. Fort Worth,TX 76102-6314 Webster,TX 77598 Email: Sarah.Czechowicz@fortworthtexas.gov Phone: 281-282-0100 Phone: (817) 392-2059 Facsimile: 281-282-0077 Facsimile: (817)392-8654 Email: khollway@macaulaycontrols.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. ITB No.20-0076 INSTRUMENTATION EOUIPMENT PARTS AND SERVICES Page 4 of32 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 JTB No.20-0076 INSTRUMENTATION EOUIPMENT,PARTS,AND SERVICES Page 5 of 32 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 11'B No.20-0076 INSTRUMENTATION EQUIPMENT,PARTS AND SERVICES Page 6 of 32 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 date subscribed by the City's designated Assistant City Manager, CITY OF FORT WORTS: CONTRACTOR: By: Dana Burghdoff(Aug6,202 :24CDT) By: Name: Dana Burghdoff Name:Kari Hollway Title: Assistant City Manager Title: President Date: Aug 7, 2020 Date: APPROVAL RECOMMENDED: Chrisfopher harder By: Chdsto,her Harder(Aug 5,202008:18 CDT) Name:Chris Harder Title: Water Department Director ATTEST: �Oo FORr�.N By: p�� "moo Pvo oo oo Name: Mary J.Kayser p°04o, A o Title: City Secretary �buooa44 APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCEMANAGER: � �e By signing I acknowledge that I am the person By: IBlack(Aug6,202014:.CFO 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: 13P20-0076 Instrumentation Parts and Equip Water SC Date: 610-Oat alS/20-20 1295# 2020-59954 By: N e:Miretifftillips Title: Engineering Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX I'rD N!o,204076INSTRUMENTATION EQUIPMENT, PA&U AND SERVICI S Page 7 of32 Contractor Services Agreement ATTACHMENT A PART-I SPECIFIC TERMS AND CONDITIONS 1.0 CHANGE IN COMPANY NAME OR OWNERSHIP The Contractor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 2.0 INVOICING REQUIREMENTS 2.1 All invoices should be submitted directly to the contracting Department. It is the responsibility of the Contractor to obtain the name and contact information of the Department's project manager to whom invoices shall be submitted. 2.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Contractor's name, phone number/email address, federal tax identification number, 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 tern1. 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. 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 ITB No.20-0076 Instrumentation Equipment Parts and Services Page 8 of 32 Contractor Services Agreement 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. 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. ITB No,20-0076 Instrumentation Equipment Parts and Services Page 9 of 32 Contractor Services Agreement 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. 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: ITB No.20-0076 Instrumentation Equipment Parts and Services Page 10 of 32 Contractor Services Agreement 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 WARRANT 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 SA ,T WA RANTY Contractor warrants that the product sold or services provided to City shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act(OSHA)of 1970, as amended.In the event the product or services do not conform to OSHA standards, City may return the product for correction or replacement at Contractor's expense or City may terminate the contract. In the event Contractor fails to make appropriate correction within a reasonable time, any correction made by City will be at Contractor's expense. Where no correction is or can be made, Contractor shall refund all monies received for such goods or services within thirty (30) days after 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, ITI3 No.20-0076 Instrumentation Equipment Parts and Services Page 11 of 32 Contractor Services Agreement 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 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.20-0076 Instrumentation Equipment Parts and Services Page 12 of 32 Contractor Services Agreement PART-II GENERAL TERMS AND CONDITIONS 1.0 DEFINITION OF CITY The City of Fort Worth, its officers, agents, servants, authorized employees, contractors and subcontractors who act on behalf of various City departments, bodies or agencies. 2.0 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 Ra EST 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 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 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. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 13 of 32 Contractor Services Agreement 7.0 SHIPMENT UNDER RESERVATION PROHEB D 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 T TLF,AND RISK OF LOSS If applicable to the scope of work, the title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 PLACE 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 TQ CONTRACTOR OR 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 PROD TC:T 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. 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. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 14 of 32 Contractor Services Agreement 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 E11AN 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 byContractor. 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 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 DISABIIIT 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 ITB No.20-0076 Instrumentation Equipment Parts and Services Page 15 of 32 Contractor Services Agreement 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 parry shall have the right to exercise any and all remedies available under law regarding the dispute. 19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure any deficiency. 19.3 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the appropriate Department Head who may take appropriate action to cure the performance problem(s). 19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of Contractor's receipt of notice of same. 19.5 The Contractor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 16 of 32 Contractor Services Agreement ATTACHMENT B CALL FOR BIDS/PROPOSALS PARTS I-II (Inserted behind this page) ITB No.20-0076 Instrumentation Equipment Parts and Services Page 17 of 32 Contractor Services Agreement ATTACHMENT C CONTRACTOR'S RESPONSE TO CALL FOR BIDS/PROPOSALS (Inserted behind this page) ITB No.20-0076 Instrumentation Equipment Parts and Services Page 18 of 32 Contractor Services Agreement F TI 0D1(T CITY €F FOIST WORTH H BID OFFER tavanifterand: Warxidrm nt foe ti:Sad x�ts.;n'uaW�ka�.��1d-F�.q�CJ>�re xtx,, an►s si�e�... .�._i a;it, Tt�,. �liilab mu I Submlt'Ta. Cikp of tort Worth- J419.1.. tZ 4.tU-5,11i%0-CM.._w___4xt1�r.29i21r 14-1 4,.ak PURCHASING MVI=N LOWER LEVEL CITY HALL 200 TEXAS ST. Fdr'1.worth TX 76101 Untied Slows E"wit: FMSPurchasingllwspan s�aortwvrllt6axa�.goa Event Descrt�slira{ The Cky of Fort !:orlh seeks bids Irons qualfied bidders io eslablfsh an annusl.pggrttement for Instrumentallon Equfpmrit Parts and Services 6orihe Waler Department as sp,,Ig®din ties nuached 11rtvilvion to Ew t ITHy, Torms&ComtditIons A pM-bld co►i randa will be held at 1Q;00 AM,Wgdnesdey;FletruarY 14 2020 01 The Scads Conference Room located at floe$m4a Control Canter,1 S11 1fihaAvenuo F6tt Worth,Texas 761oz.FAiWRE TOATTEN T,HE PRE$ID CONFERENCE MAY IMPACT A POTENTIAL VENDOR SABILITY'Try SUBMIT,A'fULLY II+II:t�l�MIED. . COM1PS1LTr(Vt Bad ICES*ON615. ATTENDANCE IS NOT MANDATORY SLIT IS STRONGLY ENCOURAG15D. Efds are solicited fbrlumishIng the supplies,swAcas and:aqb� lppmdril as setforth'in IN± solicitation. Completed Bids Including mm executed rfigina►aril we UN'iFF,ah thrive conialr0gelectranir.versions of all bid dituMa+ntt must he received in the Pun*asig Ohislon by',ARM.,February 27,2t12O,and Uteri put N opened and read aloud at ZOO R(v1,In One Coun, Clrambars.Bldg mum be eubrnawd in a sealed envekapG lTH THE DID NUMBER WR1TiEN ON THE OUTSIDE OF THE ENVELPPE,addrmssad to the Putd%asi Manager,YOVR BID MUST SE RECEiM SYTHE PURCKASING OFFICE AND TIME ST�ttvlPM PRIOR TO THE 1:30 GEADLINn_g IN ORDER TO BE CONSIDERED, Bids#hall;be tailed or hand.Miveredl to the following address, Oily of Fort V tdh,Putchacing Nvbion, Lower Level,t;:lty HAI.2D0 Texas Sheet,Fort Wbrlh.Texas 76102 Bids deltuered by special cpopuder(I.e.Fpeddeuatl Express,Special Osllvmy o1c.)are to be marked oni� Sa�es of MU..8T Rr=6CErvr. It31'THE I U•R�C1,1AS NG OFFI CIEAi�D TIMtE�ST Mp D Parts TO THE i:3t5 t7EA f�l INE thl tOiiC�El� TO SE CO"ID€RED. Lola bids will be rela mad ardeslroyed;Ihayy will not be opartod twr considered fri the evaluation of the:b". Bids may tYaawlthdrawtt at anytirrle prfnriolha Urflciai aperting:#ids msY slot Ma*fkaredl;atraunded arwHhdrannrn aEteetheal6t;far opening.Tha undatslgnad ugtans,II the ttGd is atac�tart;ld Nur'nish ar►y and au same upon wAtldt prlelas tins dtlf4rail,let itto pti (s}and updraltha terns,can dElione tad scopelspddcttiweolanm cantanrtow3 in filets dcl�CrrmerrL The period toracrxpkanoe of is bid vial brr 80 c>Dlorrdar days atltnr lhm:bid aping dam:• Cooperative Purchasing: Should othar Governmiental enifts daclde in parllGp;ma in IN%contmet,would,you,the'k onftr are that all tetma•,conditions,apedflcakns,acute priceng shall apply(see Section 13,Part 1)2 Yes a CONTENTS ITB BID OFFER SHEET"-Corner Page of Final Old Vocurrim'V1 and altadted•as separate dacurner$ Perti Sco"of Servit ispecatic:Sldinrormatioat Part It Inttnatlforrs to Bidders Pori III SpedllcTWros ad Candiliorac Part IV General Term$.and CpndilJons ParIV.AttachmatsArd' Pert Vt DMItAgteittnertt Forma ITB No.20-0076 Instrumentation Equipment Parts and Services Page 19 of 32 Contractor Services Agreement FoRTMbRTH CITE' OF FORT WORTH BID OFFER lnvftd; MDERS wnit0ilmw7 .I I�va"nilemefin. I'"Sfilrt 1ma" a'Ctet�q_,t eg' R!!131. � nlsh�tme -Aces n i SubmttTa: CGHAWA11 a2tr7/2ez0 a3j3uraa CST ING DIVISION VISION LOWER LEVEL MY HALL 20D'TEXAS ST. Fi;l 8h as 7ttt02 tJnit�ed Slal TX es Emelh t~titSPurchasingipanaas+ farttir�rCl�texa�,cry TM undersigned,by NOW tsignaY were represents that hafslta it submnittln a binding,offer and Is adrftdzed to bind tfw ndent to NOV cannily wAh Ihs,soldctiation documentconta ned hmergh The Respondent by subrWbina doing below:,Mknowiedges ft.1 lWsbe has received and mW the enij a dwAmentpanko seGtlorvx dedltt l above incluerdrg all documents hweparatod by rafersnce.and agrees w be bound by the terms therein. Legal Company Name Comnpony Addrmsst City.Slate:Zip r eridrrt Rdg404000 No. I 99 Pcirrtorl NemtraFCYfOaarorautharized fiie{areaBnlatl�na: �is rttg: � Slgrtatum of O rwar ot Aokhoaizod Peptesentat+v,, P"haneNlrrntr Federsl identlNcallon Number tFIC} ITB No.20-0076 Instrumentation Equipment Parts and Services Page 20 of 32 Contractor Services Agreement CM OF FORT WORTH sio oFFER 11ne [estrlpt crrt *t.RiM 'C¢ty Unit Price TOW Instrumentation Field Services Regular Hourly hate,SXOam to 5;Otlprn,Mooday 1 thru Friday EA 100 $125.o0 $12,50040 Instrumentation IFWd Servlces'Cvertivie Houdy Rate,5:01pm to7.53arn,MGnday thru Friday,and anytime on Saturday, 2 Sunday and H6111days FA 20 lrotrumertadon Sliop Services Regdar-Hourty Rate,8,0Dam to 5=pm,Mondsy thru 3 Friday EA 100 Instnumenatlora Shop Services Overtime Hourly Rate,Sr01.pm to 7-55"aml Monday thru Friday,and anyth a o4 Saturday, 4Sun-day and ljpfldays 1EA. 10 5 Eastech Flour Controls Model 4700 EA 3 Eastech Flow Controls Model 2210 with Model F85A tansducer•with 1W4mt 6 transducer cable EA .3 7 ModeI 470p Mather hard EA 4 S01?29.0a01,_ilas bay Module,r4mphic LACE► I EA 4 9 00.008 A10-1L a2 PS senses EA 10 4 01.001S All-11,C12 as PCs lea 10 11 W-W85 A10-1`-$,'lVK- .6as sepw EA 10 12 0"016 A10.15,NHI Gas PCB EA to ` 13 01.-0087,"Transt PCS _ EA, . 10 14 UO-0608,NH3 Sensor 15A 10 15 812-15-6-01101,NH35ensftraty EA 10 16 792892,Prominent electrolyte solN Lion EA 14 $66,73 $667.30 2052%,Gauge Pressure Transmitter,.Model 1:7 01Q51TG3AB1'1A84MS'S6• EA 10 '$'1,569.41 $15,694..10 - 0306,Rosemount 30(;Wine manifold. 1S Model0306RT220A11 CA 10 $244.1i1 $2.,44L00 Rasenmavnt Pressure Transmitter.Model 1:9 3051S1k+Iti+'gM11'VNIQf IAIADZE EA 5 .�1r5S0.flfl �r1Z'rJ'S�.4Q' Rosemount Pressure Coplanar Transmla- er. ZO I Model 3051CO2A53A2AB415M5D4T1Q4 EA ; ,197.11E $10585,r10 ITB No.20-0076 Instrumentation Equipment Parts and Services Page 21 of 32 Contractor Services Agreement CRY OP FORT WORD DlD OOFER :11osemount Prmure Coplanar Transmitter. 21 Model3Q51f"-G4A53A1AS415MSD4T1Q,4 EA 5 pA72,58 $1f},362.9D RoSemount Inllne P►essureTransmitl:Qr, 22 1,Mceel3051TAt2AIWA41ST0:2M50404 FEAA 5 $2,621: $1.3,109.80 Rosemount 3144 Temperature Transmitter. 23 'Motlei W44PD1A1n64MSC4R4 _ _- EA 5 $1,362.79 $6,sI3,95 Rosemount.Pressure Transmitter,Model 24 '3061CDW2MAMSD14KSIlP2'1'SCE 6A 5 $2,743»03 S13,715.15 IM''AP,Telog Modem Technology Assurance 25 ;Plan EA 20 $$Sa.aD $17,000,00 -05t oath plug and play display for Model 26 #644HA9NdA JSF6iM5KA FA 10 $1,207.84 $12,,07BAO R-33{97,Seven-Channel Teloner,Model item nt##27 Z7 330 EA 5 $1,175,00 $5,67S'00 'Does not 2$ E3-p3A,Batter Prick,�ithiw rya, 3,6AIr EA 1-0 T? f 770.00 include P'S, 8712EMR,Rosemavat l4tagnetic fOow N.Weter modem or 29 IYansmitter.Model$712EMR1AiIM4Q4 EA 5 $2,ia5�J: 1 $13,299.00 en locsure 740040,;spare membrane Caps 12ea),And 30 'S0tn1 ele+;trralytsr f+ar 3-2d m EA 10 $347»55 $3,475.50 Rosemount Pressure Tranismltter,Model .31 3f751TQ2A28:2:104Ck04MS CA 5 $2,6J1.4 • $$Y+i87.z5 1007S40,PrdMinerat TGi Chriorine.Sensor 32 :for 10 PPM EA 5 $1:,363.74 $6,W&70 E644HAh1AM5604,Ftasemounttannpgreture 33 transmitter 6A 5 $1,1407 $:5,724,35 34 kosemount Inc,Cha tSer owersu ly EA 14 1250-?49,CDS Genie Gas Generator for 35 Toxic Gases EA 5 12W0011,Gas Gople Ghkrritm Source-,5 to 36 ISO ppm,10hrs ZA 1.0 12W.0043,GDS Genie Gas Gen.eratorfbr 37 Ammonl,19 p.pni`to 150 Eft 5 lernens YMLS034-4A Aft,Slem ens HydroRanger 2W Hh+II Hydra Ranger 20Q w 38 WWI EA 10 Sientens 71VIL$03+4-4001,Siemens HydroRart$er'209 Ultrasonic level witroller 39 for up to slat puaa7Ms thak npvitles control l'A S ITB No.20-0076 Instrumentation Equipment Parts and Services Page 22 of 32 Contractor Services Agreement &qa!, CWOF FWWORTH DID&RR: :FDK:085t10226,Siemens Hart module for 40 'Mag 6000 TYransrniner EA 10 �f�em�r�s 7'J'���S6q,�M5�5-53�14-Zl�R�R.2 41 51tra:nt F M iMIAC7 5100 W EA "y 01(4K 1053,Well Mount Kit loin IIe mote 42 Mounting Transmitter CA 10 F0X:0p1STCA0,Standard.Gable,PVC Ja+ckat, 43 5 Conductor Plus Overall Wded Shield CA 100 Sot S2V 02.Sensor,Honeywell SR-XZv 02 44 Sensor CA S:0 45 Sly=. MP75C,L-ELSersor EA r0 :Siemens 7ME6580,7ME65B0-6PJ14-2JAR 46 Sitrans.FIMI MA.G 5104 Vet EA 5 1=laittM'I 0220,SU4mersiorl Kit for mag 47 MoterTerminal Box EA to GO$!Model Template,CSQN4.11.00 tf rpt�0- t7,f&I1i10.0-0-X/0 0 5 GDS Carp C64 Protector Contrailer in R4 NEMA Rx non-metallic 48 enclosure w4bOne 150 Anah Me2t Board EA 5 GDS lu adlel Template,G1 Mll-77.20=Cj27-Z{r- 49 .6/3.0 GJ SCOroGASMAX tI Gas Monitor EA 5 GIDS Model Template,GMII-;Z7'-12-3127'-12- 5o 3/s-0 GIBS Corp GA5MAXII Gas Mlooltar EA 5 GDS,Model "emplao.GMII-4-12-3,t0-OD-0/3-': 51 !p GOS�GASMM Il Gas Monitor EA 5 52 ZA310095 Cal Gas Bottle EA 10 601355,220-QE N3J.-OAA4,601t52220.0EN31- DAA4 Sipart PSG:Smart eleetropneaimatic 'positioner far pneumatic:Inear and part-turn 53 a dvatots, EA 5 I-Jot Ammonia pressure.Reed SyAem 54 Panel/Auto Valve&aemato,Moter Panel CA 5 VOOV-10011,wall panel0mra valve $5 eqo went EA 5 55 SVF Series R8 Bell Valve lEA 10 PGI.•300-'iWE NI43,diaphragm:pressure 57 gauge EA 10 5~d GAH-E24010T Load Gasket EA l0 ITB No.20-0076 Instrumentation Equipment Parts and Services Page 23 of 32 Contractor Services Agreement Rbirr%RTH, MY OF FORT W118'fH'SID OMR 59 !MV-1AAmmonla HeaderVailue CA, 10 so iffn+-111-115,Neater&damp Era, 10 i IN-1000-PRV-NHS,PM:kit for Series 5000; 61 ,regulator EA 10 62 XTH-040-OV-NN-3,PM kit for OV-1000 EA 10 i -200MM"H9,PM kit for121 gasf#ow Sa 'mter EA 1.0 CbeckValve,'LYMInlet/Outlet,1A.5 PSI 64 mdti ressure EA 10 KTH•044w0V-NH3,P1011kit forOV-Di000(2000 65- PPOCLZ EA 10 KTH2000-RMS,PM Kit Sarles 3000 200Dppd 66 remote meter Panel EA 10 KTH-6000-OPW,PM kit fbr diftrpnfial 67 pressure re uiar EA 10 VNI.1.54,Vatuum Manitor >»A 5 1`MR2Q-AAP8NVCDA02 4k3 Endress+Hauser 69 Mader LevLl FRMZ0-15X110 EA 5 IWP R20-AAPaNVtE:XQ1+R3 Endrass+Heuser 70 Radar LeverFRM20-1633/0 F-A S 71. FMR20-AAPBMIVC Mircw !E t W1120 EA 5 72 93TAI&SPM10 E+H Ultrasonic flow EA 1 i1 n62-1H41/0,(8900EjZ5W) errtP 73 Trark nOtter EA 5: j TIV 1""162-1H4710.(88'0C1923213)Ter�P 74 TrHmmitter I:A 5 75 MP71-65IN1441101.Prez TransmftDer EA S� 76 PM P,71-63N511'101 Press Transmitter Ems. 5 Promag P300 5P5BIF-43F4/0 Eiectrrtag 77 Florwmet EA. 5 78 PMD75-6!V06/101 Off PressTransM EA: 5•. 'K19S�Gfl-1FAEL Prs►m�g,,g�rui:1ng 79 disOprotectkm disc EA 10 [DK5GC 1FL,Prc rnag.W/ /SS iE,—gr unnding 80 carte kit EA. 1.0 81 >WM019Q-tlU 61AA1A Prownfc.SFfutV0 6A. S 93C6H-LHLC2AACSAAA,Frosanic IF low 8a 93c6H Online,Dt46E00 24" EA 1. L 83 PD765440-00,l3i ital Panel Meter EA. 10 ITB No.20-0076 Instrumentation Equipment Parts and Services Page 24 of 32 Contractor Services Agreement CITY OF FORT'%(WtlM W ORS lsp765•0"O,PPrecisirrrt Digital.Pavel 84 Display CA 1b iristrumentatiion Equipmeotctsite Pickup SS and DOM,Ratep r Mile EA 11D0 AR other palms and maintenance at Sir manufactur es List Price Less_Discom't Tot-at Bit Amount,. `A l parts end materials shall be purchased at the discount provided above.If no discount is offered,please-enter zero on the percet tae line.All parts will be ;adder,through an addendum on an as needed basis throughout the Ofe of the agresementr tltierefore,the bidder shall sui)mit a price list for all the items with their bid submittal. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 25 of 32 Contractor Services Agreement CONFUI OT OF INTEREST OUE STION"RE FoRm CI Fret viotolor doling bushtrss With ftocial govemsnerrIA]eni t t 7tr$s it asetPoenwre mmeft eiwegia V.%ft w 0a drr hr 0a 2:%a+at p}f rtwgttuir st"Itrn, 0171 EMEO i1,'Y Titl�quasllor,naGrrlslsafr I adieu n+furs wilts r ri'1 ,t n1!Grwearirnerd , Coto Riom by-ivrrdotwhohlatafxrain ce(eliorrskriF:asdlv�nQdby5iaclsact�7Ei4G1 1 aywiih taae# @d+�rt!neon!mldttiLily {119s'�tl�tltS6i"rtGt�r�'i�ItaoYi��n�i" au t�.00leia�. &rlgwlhbsquv Dararsirar untbelilodwilk1hermidsaftunia!mlord &at I�tal Qns%j notiolmthtanThe71hbWnessdwiraitarthedate1hu4vmdorbtpt: xxaa'awari01acfs. it}at mquirrr the slalamont to by Mad, Soo Sadon 17G.M%a-U Imcid Go±war moat Codo, A-,rand tzr t itrttrr b an•otfonsto I ft, vendor knotnrn*vfa6ales Section 17EiDW,Lot%l GtntammrantGoda.�Anoltbmatindertbissectionisa.mis anwatxx: MAW 01 VONO(Wtso W o.11>USIMM rahallMzlrlav!!ttm lace-,0W+trma mxW onstyr. b. ItG+CiClthisC�oxfC 4 rirttllltrtgrrtr�ugdata aapra 12 + to (Tile law requires that you lice an updated compWad question nakm wlttt dro appropriahn:r6 a mthot8ty not toter than the 7dr btx&rrtim day allartho data oo w1kcir rw Fad rnireraOwl tho origirwRt filed quesdcuu-,alra was irworrrpfata or frrecwratre), a t9alvrwotiocafgav�Crtlm�Ortt�GY14r76r�Gautwttddi1i11n1t4t11drp[M11tkSpGCtl�tnkl�lYa+lrt$A1sGosn>�: Kw as 01 Qirxsar Tfrie s4Atforu r&m.3 4nrJu&V submrt;. A,H,ON Z D) must be conflated for anch W16M with Whom tits vnadot has aft esnp&arrmem at ether bushesc ruWimulipae dofiftM by Soctb i7a.0i(t-#).1ocal Oxiimrmerltoo&, Anuh, psgua to 0V*Farm tit eta nuceseerlr. A. In.5*iponf prNer roarrtcemcat nerrme d irj thin sac6on tacsift or Vy9br do raceme Iaoc*k Income-,other thmi inuvstrnemt: $ itrdair�o,'Cmm aetadat? Y,* Ne U. Is than t+rartdsr raceivltr3 ad Flatly to raecrNe Faaceh6a tnraama,oUrsr ttrary 6xuegtrnent iue omu,horn t t 8X lt}ir jq{iliitirl fll IPIw IMP gaw mment oMw named An this s+aegm,AND ft Wph*it'N wov is not maivud'ttr m NrB:WW aareerannmal enpY 7 Yom. �t4v G, Itt the Mal His-gtrac4wwta m omp*od by o.t ovAon 4i aaittor buslmwsm entity with reepod t>5 which the 1oea1! owernmant Wkw cnnros.at an ar"r.0 ditoo w,or.1.W s air V#nvrrJtipr:Irstwast of one percont or mate? Q Ywa EJ No 0-Dem be,*Bch empihytrnnni or bualrim,m4 iarruly tolntionft vAN Ma load lipo"omod affiser named In vis*ertkrn. J Stpnewru •wends Irs3 tstslrreas wt7a the gowemmertaf enktly taw Ad000d MOM ITB No.20-0076 Instrumentation Equipment Parts and Services Page 26 of 32 Contractor Services Agreement ATTACx IENT-C CG INTRAtCTOR'.S CONTACT INFORMATION Comrwar's Name: Caa radar's Lu�rt i�r�s:, fi z O_C=4, si F'i�41ie _k-r _ti T'd� .0 0:7:1 fandiTc�5,7L — Wc �� ",� d BLS.. Name of iwsap assigmd sped finally for this Agrrcmca- NameMitfe_Ar—o qw Mail: ti � �"ItiS 13X: Nimc of persams for reordiv:d infnttrlatian mWear billing qucxtiem: NemSJTe�t+l�cq��,y{�,,t'_ �'��`'� '�.✓' ��ti� --1 IE kcc C /7�T ;r7*` vak: Nar�rl7'i�lle Sagntittiri poi Adimulbr; Dote ITB No.20-0076 Instrumentation Equipment Parts and Services Page 27 of 32 Contractor Services Agreement ATTACHMENT--H CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PL CE OF RUSIN M. Chapter 2,,Art-kle i,Section.twld of the Fort.'Wortli Code orOrdiu*"ou outhorizes The CUy-Coninril,when couside.dor. comp011tv,:scaled bids,to enmer Zeta a contract for =. tAft purchases with u hddder ti4ho t prindpal:place raf tKisiness is k ithe corporrtc]hits,of the City of Fort'Wortk and.whose btd is within 3 or 5 ptrcetn Of tlio lowest bid,dgeuding an.the value*f the request and goods:or servlcea requested,it the lowest bid is from a busincsx outside the nturtdciprllty and contriedug with the keel bidder mould provldt'the best ctimbIrAtion of price and other:cconoink,benefit%to 010 n1unidpodity. Requests rc rbe considered a local business must be-uwbmetted on this.Corm with bid.p tbgts.to be:eonsiderect by the Cit+y:of tort Wonk Qunijons slxauld bo addressed to the.Pvrchwlog sta fr IlsUed in tht bid ar request pwMtgc, The Fort Wanh City Cauncil requires:the follotdog;information for consid"ipo of location of o bidder's prilicipal place rbusiness, ,iidd addhitxlal Atacs.If needed.toproridc this inlarm. mion.. l.. Larat[onxt Eligibilircy: l!rincfpnl l'l�cx;ill Ftuxlnttb's.in hart t�'raMl;"t'exas. Leo you have a Fod+Noah office:' Ii`ycs,itEcrrtii'g;tMMss; b, tl4hm perceMaV a(estimaW grass ioompany stalz(Wmidwide)two males aaigino6 z in Fort Worth? 1*00giaating in Fort Alolllrl shall Mean patyable at the Fart Wash afl"icc..[mwsat i mccel sv%j 2, EccnomiC i7e+nclalanae0l npgonlRni'lTesnsultingbalo cointraut, a, S+ombcrolr`Fort Woa#h resicleatt cmlrinyt Y i,. Aineum of City or on W40 ad valorem loxes{real and business personal pxopen}}'sAud by ro,mpmy ((ar prior lice:year—.Fort 4Wor(h office or Corm I Oori,i r Fart war*atfice is newly-astohli stied}? Certif3c�tinia of itafarnastlon; The lundersigued does hereby affirm-that the ie hrmatioti st pplietd its(nit tud correct as of the date hereof, ueder pemlty of perjury. t fi � co,r� b (COMFany ) (Date) igraetu 3 (Pri ell Ni mt and TRW ITB No.20-0076 Instrumentation Equipment Parts and Services Page 28 of 32 Contractor Services Agreement A..MkCHIV ENT.E UFERZNCE SHEET Pt'Git=Complete,wrid rmtNrit C1,1149 Form Willi y'ow bid, The bidder shalt f m4ii Tefcrcmes(by at least ilsree 3}recent cusiomers io whom pwducts w0or services have been pri►wided tSmi.are similar to ih©se required by this MB,The City wilt be.the sole Judge Hof ret'ereaues,phase ust mddiiti nal Oros. L Comlruny'%Name z N..&MC of C.orriact O.Kf �Je- �y City,stnlc,Zip Code TINE IN 4Myj fInpt,utud Nirr�tit�ec $ � 3S t 3 R� 4cr( } -- '�tiea� CL���'!}�2d'��CS_I�S�l'�'Q trter�-• 2, Compi6y'.1 N®rne Nam orCt7titw Title ofCohtmat ,— Prescat Address Lt 60V r:k rft 1-t racy rrt,K,stale,Zip tdi~,Cr+. eaicpltme,l»7Wiex>,cr { rJ�)' 5 F,r.Nuwo�icr } EiitaiC �� 3. CpmWany"tiNarnc MQf44 Pttncr - Name of rContwi. & tR isle a��Cantnet t 4 t Present AddressY i .cam, City,.Slulc,Zip Code fClC hrN1C l Rai kted h11 {.2L= +3 fax Number( } t*iitail _S" darm�l'^• t�4�4U1'�, �ot� ITB No.20-0076 Instrumentation Equipment Parts and Services Page 29 of 32 Contractor Services Agreement ATTACHN''1G'F Bidder's Qualification Ot tesffannsltre L. bate your eornpany tuts tattiialtied _ _ + 2. ''ghat Scrviocs art:provided by yow,wmpeny pwaining io this W to 5 `,so ru 4 G - ` 3. How many ycars has your .• riiza.t n'bcen in busimm ender its present name? a. List any former ttatttes ydur qpnira#iaott has oT'ier ied owler and the 4. :*uvsc.VzuA&,and*mppiic*Igc cont=La.fs)lie-ism w•hicti are curmnily active and in.good Wending with the SOW Of Texas.(PIcase provide any tt1.i cIrmenis along;whb your bid msponscj a. flame of License b.. t,aoense Glms�riioattnn c, License Code(s) `._..r„,�w,�,...,....,W.,.,.�...........�.-.,,. ....,.._.�..�.....�............_. d. Uccnscnumber a. Fate lssued f Expiration LDwe g, 'Name of License- lz. Lice C.,Inssileatign j. License number - -- k; Bate Tssttpd 1. Exp:irstion Dated 5. Please provide a list of most commonly tisad eqttiptrmemlmawials for Digester Gas Tv-siing s�er�3ces; b, c. d. 1;. g, 6, flttvc) c ever del'aultal on u ctrtatrac!?1£so,why wcre you rtnaixlc fo ul ll tlsc alad:igeti��t? ITB No.20-0076 Instrumentation Equipment Parts and Services Page 30 of 32 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.20-0076 Instrumentation Equipment Parts and Services Page 31 of 32 Contractor Services Agreement ATTACHMENT E VERIFICATION OF.SIGNA'CC3REAU"F`H!E RITY Ft✓Y'RM Conrractuy� Mata4lo.'l aoa> rc b #rtti n4� Addrem 13gAD 05P'�`� CO��i Sc�Zi-tr city,state,zip, Oe bs , TY -I-)eAg Exmtion.of this Signature Volficution Form("Form")hweby ccrtiftes lhui the fbilowi.ng.rndb isitra.ts anwor positions have the aulhority to legally bind Contractor and to execute€q ag enwnt,amendrracitit or clsange order on beFaalf of Contractor, Such binding authority E7as been Lmmted by proper order, mmvlution,o4nonce or other awhoriza0m.of Contrwor.G`ity is fully entitled W rcly on,the warranty aad reprVW.tation Sctl forth is this i"'orm in entering into anv yap vement or.amendineut with Contractor. Contractor wilt submit an,updated porm within ten(1'0) businew days if there are any changes to the signatory authority.City is entitled to rely on aay currant cxectoteti Form utatil it rccciurs a noised F`wrm that hat been property executed 6y Contractor, t, Name. 5i�;nRttar Position. V-P 6'`-— Signatune 3, Name: ft c- vbe r+5;1 r%.l Sdgnaturi 3+fame- . Signature of president/CE(C-1 odler,ride: ITB No.20-0076 Instrumentation Equipment Parts and Services Page 32 of 32 Contractor Services Agreement M&C Review Page 1 of 2 Official site of the City of Fort Woith,Texas ITY COUNCIL AGENDA F WoRrt1 REFERENCE **M&C 20- 13P20-0076 DATE: 5/5/2020 NO.: 0271 LOG NAME: INSTRUMENTATION PARTS AND EQUIP WATER SC CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Non-Exclusive Agreements with Prime Controls, LP, Frank Clark &Associates, Inc., Vector Controls, LLC, Macaulay Controls Company, DPC Industries, Inc., Murray Energy, Inc., Walker Industrial LLC d/b/a Walker Controls, Total Process Solutions, Inc., and G.K. Techstar, LLC for a Combined Annual Amount Up to $1,000,000.00 for Instrumentation Equipment, Parts and Services for the Water Department and Authorize Four Annual Renewal Options and Increased Amounts of$1,100,00.00 for the Third Renewal and $1,210,000.00 for the Fourth Renewal (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize non-exclusive Agreements with Prime Controls, LP, Frank Clark&Associates, Inc., Vector Controls, LLC, Macaulay.Controls Company, DPC Industries, Inc., Murray Energy, Inc., Walker Industrial LLC d/b/a Walker Controls, Total Process Solutions, Inc., and G.K. Techstar, LLC for a combined annual amount up to$1,000,000.00 for Instrumentation Equipment, Parts and Services for the Water Department and authorize four annual renewal options and increased amounts of$1,100,00.00 for the third renewal and $1,210,000.00 for the fourth renewal. DISCUSSION: The Water Department approached the Purchasing Division to procure new and replacement water and wastewater utility instrumentation equipment and appurtenances, parts, on-site or shop repair services, calibration, engineering and startup services, and field troubleshooting for various locations throughout the City. The Invitation to Bid (ITB) consisted of detailed specifications describing the instrumentation equipment and repair services required to meet American Water Works Association (AWWA), National Electrical Manufacturers Association (NEMA), American Society for Testing and Materials (ASTM), and Underwriters Laboratories (UL) standards. The Water Department certifies that the bids received by Prime Controls, LP, Frank Clark&Associates, Inc., Vector Controls, LLC, Macaulay Controls Company, DPC Industries, Inc., Murray Energy, Inc., Walker Industrial LLC d/b/a Walker Controls, Total Process Solutions, Inc., and G.K. Techstar, LLC meet the specifications required for the items and services that are being awarded. An increase in the annual amount for years three and four will ensure that spending authority is available throughout the agreement term. Instrumentation equipment, parts, and repair services will be ordered as needed based on price and availability to ensure the City's needs are met. This bid was advertised in the Fort Worth Star-Telegram on February 05, 2020, February 12, 2015, February 19, 2020 and February 26, 2020. The City received nine bids. A pre-bid conference was held on February 12, 2020. 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 MBE/SBE subcontracting requirements was requested by the Purchasing M&C Review Page 2 of 2 Division and approved by the M/WBE Office, in accordance with the BIDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water&Sewer Fund to support the approval of the above recommendation and execution of the agreements. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Ammount Year Chartfield 2) Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: Reginald Zeno (8517) Additional Information Contact: Cynthia Garcia (8525) Sarah Czechowicz (2059) ATTACHMENTS