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Home My WebLink AboutContract 54260 CSC No. 54260 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 Frank Clark & Associates Inc. ("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 Il; 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 shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION/CANCELLATION OFFICIAL RECORD I FB No.20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES CITY SECRETARY page 1 of 38 Contractor Services Agreement 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 disclosure. 6. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and I FB No.20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES Page 2 of 38 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 LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. 8. ASSIGNMENT Contractor shall not assign any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9. INSURANCE AND BONDING Contractor shall provide City with certificate(s) of insurance documenting policies of the types and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect prior to commencement of any work pursuant to this Agreement as provided for in Attachments D and D- 1, attached hereto and incorporated herein. JTB No.20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES Page 3 of 38 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 Frank Clark&Associates,Inc. 200 Texas Street 6080 South Hulen St. Suite 360, PMB390 Fort Worth,TX 76102-6314 Fort Worth,TX 76132 Email: Sarah.Czecbowicz@fortworthtexas.gov Phone: 817-307-8730 Phone: (817)392-2059 Facsimile: 817-394-2343 Facsimile: (817)392-8654 Email: frank@sbcglobal.net 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. 11't3 No 20-0076 INSTRUMENTATION EQUIPMENT,PARTS AND SERVICES Page 4 of 42 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 I FB No.20-0076 INSTRUMENTATION EQUIPMENT.PARTS AND SERVICES Page 5 of 38 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 I M No.20-0076 INSTRUMENTATION EQUIPMENT PARTS AND SERVICES Page 6 of 38 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 WORTH: CONTRACTOR: bay 8ura6u7d{f By: Dana Burghdoff( g6,202 T:25 CDT) By: Name: Dana Burghdoff azne:Frank Clark Title: Assistant City Manager Title: President Date: Aug 7, 2020 Date: APPROVAL RECOMMENDED: CIL Viht e�meydet- By: Christopher H rder(Aug 5,2020 MIT CDT) Name:Chris�Iarder Title: Water Department Director 4.DggU4n�� f�Rl�O�.10 ATTEST:. �e ��° So d By. Name: Mary J.Kayser p°a 4 oo,00,0056a d Title: City Secretary °Haag APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: y By signing I acknowledge that I am the person Black(Aug6 202014:42 CDT) 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 5I5Ia Date: 20-0271 1295# 2020-60193 By: ae�:MZaWr�Pips Title: Engineering Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX CoCNo.. 076INSTRUMFNTATION F YIIPRIEIV r PARTS.AND SLRVICPS ontractor Services Agreement Page of 42 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/RFQt 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. 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 38 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 38 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 38 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 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 WARR NTY 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, ITB No.20-0076 Instrumentation Equipment Parts and Services Page 11 of 38 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 38 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 CONTRACT 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 38 Contractor Services Agreement 7.0 SHIPMENT UNDER 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 ANDRISK OFTO 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 DELIVE If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 10.0 RIGHT OF INSPECTION If applicable to the scope of work, City shall have the right to inspect the goods upon delivery before accepting them. Contractor shall be responsible for all charges for the return to Contractor of any goods rejected as being nonconforming under the specifications. 11.0 SOFTWARE LICENSE TO CONTRACTOR If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Contractor, and is licensed and provided to the City for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Contractor; however City may,make copies of the software expressly for backup purposes. 12.0 OWNERSHIP OF WORK 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. 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 38 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 TION 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 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 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 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 ITB No.20-0076 Instrumentation Equipment Parts and Services Page 15 of 38 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 party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to cure,resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to cure or resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure any deficiency. 19.3 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the appropriate Department Head who may take appropriate action to cure the performance problem(s). 19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of Contractor's receipt of notice of same. 19.5 The Contractor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. ITB No.20-0076 Instrumentation Equipment Parts and Services Page 16 of 38 Contractor Services Agreement ATTACHMENT B CALL FOR BEDS/PROPOSALS PARTS I-H (Inserted behind this page) ITB No.20-0076 Instrumentation Equipment Parts and Services Page 17 of 38 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 38 Contractor Services Agreement FORTWORTH$ ADDE NDUM TO INVITATION TO BID M 20-0076 INSTRUME NTATION EQUIPWNT PARTS AND SERVICES FOR THE WATER DEPARTMENT CITY OF FORT 881ORIM PURCHASING DIVISION-, ARDENDUNI.NO.I DATE JSSVFD-.FEBRUARY 18,2020 INVITATION TO BID(ITB)-20.0076 BID OPENING DKI'E:FEBRUARY 21%2020(UNCHANCYED) ITB No.20 0076,issued February 5,20220,is hereby amended.as,%lows: 1. Qwstiow and Anwers weeived at the pre-proposal*onfemnoe-mi email are hereby incorporated,in till textpW 2, 2. The native schedule has tam changed to read: TTB Mean Date Febtiory,5,20n- Prc-Bld Conferemcg Fdxuary 121,at 111WAM(Section 3) Deadline for Qumdans fiebmfiry 14,_M20--t:5,C0 FIM(Local Time) Answers,Poo-ad Fobrutry 18,202V Respow to FTB Doe Februuy 27,21121)by 130 PNI(Local Time) Responses opened and,Tod about Februvy 29 at 7:00 PS1(Lomltimej Anticipated NMC Council Date April 2"Z All other Wmis and condWom remain the twne,. Bidders are Tvqvired to.acknorw1cd-Ze this addeadtafft by sigumm and sutmit wiih orional proposals. All other terms and conditions min unchangod. sarall czechowi%frwau, Z :r.:. r-' .-- BUYER .. ........... 3 thcs;ignature plmm affix Addendum No. I is hereby inmrporated into and made part of the above referenced kequest for Proposal. C014PANY NAME: FRANK MARX & ASSOCIATES IIX SIUNA rye XE: r NOTE-Coanpany name and signature must be the mme as on,the ofiginal bid doeuments.Failum to return this form with your scaled bid may=rustiatte groutW,5 for rejection of your offkc ITB No.20-0076 instrumentation Equipment Parts and Services Page 19 of 38 Contractor Services Agreement CITY OF FORT WORTH 'BID OFFER E+ru�iCl P e lavIud. F Nf�O 1C&ASSOCIATESINC !tom 5 HULZIN ST 5TE Z150PMB 390 Evont Raurdd Vavelon � �-H. ... :FOFM WORTH TX 70132 ER+2fit IViriihc sus anrrx7xx �S i sec *t�,v w5 s rsa^s StbmltT.- CifGf�prtV*4h tarbT - Ftnlslrfirav PUEt ttr 6INa(li DIVISION a��a�d.aa3a aa:aa-:as �r +rar`2?1 .I3 0A" a_esr .._.._- LaASRLl=VELCITYRALL 200 TEXAl3 ST Fort Abirth TX 76102. _United.Sty Emaih FMSPu kVResponse fdrtvmrMbaxa%.rgenr Event Description City of Fort seeks bids tForr ter 1ed gars to asiabdish an annual ant for Insirume aiabon EquipmentI dMont as s triad in the atia ad Inv"rtation to Bid{"), 7erltl S Conditions A pre-bid coofenanob WA be held at 1Q(10AM,Wadnosd.*,F r 14 202Datthe Scads Con sin ference Ro looted M the Scads ,Nail Cenb�1511 MSS As+anue F 1F�k�M. wwiN 78102.FAILURE TO ATTEND THE PRE�BID GONFEREN MAY lMPACTAPOTENT LVENDORSABILITYTOSUBMITAFULLLYINFORMEDANDCOMPETMVE940RESPONSE, ATTENDANCE IS NOT MANDATORY 8UT I STRIO NIGLY E"C;OUIRAG W.- Bids are solicited for kw ishing the Bup tIBM,seavic�s seed e- �ppment as rorlh in this solicitetlom Ctxrrppleted Bids including execute Anginal and US t0 drive cantafning eI.drranIc versions of sad bid d tmeats must be received in the Purchasi I 16-in by 1:30 P.M.,February 27,2 020,and then public coned and marl aloud at 2:00 P Nt.fir the Council Chambem Bids rrat�t be submitted in a sealed envelope' ITH THE BID NUMBER VWITTEN ON THE OUTSIDE OF THE ENVELOPE,Oddrot&bd to tria Pultm'sht Mars YOUR Bin MUST BE RECEIVED BYTI IE PURCWING OFFICE AND TIM_STAMPED PRIOR TO THE i:317 DMI-1N1 tN OR ERT©BE CONSIDERED, Bids dQR be mak-d or hancidelivwvdtothefailm0Vaddr ; City of FcdVk4h;Purchasing Division Lower Levr�City Hall,200 Texas Slr ,port Worth,Taxes 76102 Bide deihrerad b4 a ecial owder @.a Federal t�e Special t7�ve etc.l Erato be marked on ilea outside aftha .F s slVra�enveloappee 6ID o.204] 7S,ITB-Instrumentation Egdp-rnentParis and Services AND MUST'BE CEIVED BY4 PURCHASING OFFICEAND TIME STAMPED PRIOR TO THE 120 DEADLINE IN ORDER TO BECONSWERED. Late bids will be ratumed or deaWyed that'w1l not be opened-nor car iderod Inft.twalustim of the bid. Bids naay b*%fthdra n atanytirne priario the official opening:Ski may not be alwed,amended orvAthdra n alterihe oiftraal nin .TNa undersigned agr ,If ft Ind is aocep0A to turrarsh airy and all Ilams upon which pis are ONted,at Inie prloej�%)w4 upon the lerme,conditions and a ions mrtitainad In this 0octinient,The pwW for p pbsnce of dais bid w4t be 90 calendar slays0 bid cp6drigi dam. Cooperative Purling: trtd other Gmmrrimmial a tWez dame to p6rtidpiole 19 this conlrad,would you,the Vendor,agree tPat 0 tvmk'ton olona,aoeafcaflon%and prlfiing ihsll apoy lase Section 13,mart tf? Vas_ Na OONTI SITS ITII BID OFFER SFWET"-Coo Page o(FOW dip Cloc rnentV1 and attached as sepaxwls document Part Salta of Servio;'SpecirrcWd lrtiomation Paid:If kashxtians to Bidders Padltl 6pa cTerl GcYiki ipns Part IV General TOMB and Cofldtkna Party Attochrmer A�j Fart VI DraftAgraomect Form ITB No.20-0076 Instrumentation Equipment Parts and Services Page 20 of 38 Contractor Services Agreement CITYOF FORT WORTH BID OFFER Page lrmla& FRANK C tK&ASSOCIASES INC p 806DSHIJI-EN STSTE 300PUS390 1 YY+rM Rvune versiare FORT WORTH TX 76132 Ursd Stabes 6Me,Nam ;astnMomation ROUITAAM Submit To, C c��f�rt Worth &prtTortes Fin" — I�IV ".IM1iCt IViStC+N' ,UVZY xa-U" csr LOWER t_Et1EI.C t,Y HALL 200 TEXAS Ski. Fort V Ah TX 76102 United des Email: FIdSi�Wrrha a aet ey }fiortwprlE�to ,gcxr The undemWod,try Haft er sigra�ure,represen.`sthat hetat,a submitting a binding aiWer2�sd is ul rfxed to bind the ns dent to My rom frig with the VNicilation do=nent eonta herein.The Respondeq by submitltn ena!04ong below acsnoww* thAt he he has re,*ved and read the entiredocumsad paecket ser`eians fined 4bawe snclu�ing 0 do gents fnewpouled by ftf4tonce,and Vees to W bound by the turns therein. Leggy patiy Mom: - f :fyt st t d S'�i t T'G 5 i h a Vendor Registration No Printed Name of Officer or Authorized Representative- E-fLA t jl `tom I<. Title; _ re ot`f7dir or�,u i�®d Ra� ntaii Dsbber_ A 7 Z(a:1 Email Address; Federal 44erifi7reftt r+ ber{Fit7'i 0 ITB No.20-0076 Instrumentation Equipment Parts and Services Page 21 of 38 Contractor Services Agreement ORTWOU CITE'OF FORT WORTH BID OFFER Ev i115 Mvtsd: FRANK CLARK&ASSO TESINC �ry:_:a.o 0o e=SHULENST9TE3WPMBW FORT WORTH TX 76M urdw states rm 1 Subemit Ta: Clty cfi Fort Yet h s1� r Fihisltrei n _ PURCkibsINGDlsi'ISIO as astan a na.ioa sr,_ a iaar � tz g LOVYSR LEVEL CITY RALL 29D TEXAS Sd Fpit WMh 7X 76102 Onl1 SIB Em aik F&93P=hasing€iespc)nsest trMorthWos,gov Ling Walla L1n�s; 1 pa�ceietldel. y t _ i nklIrke inalrurnenInis n FicldSwpiow 1+1apMr MLrly—,�.',f..=� 100.00 Eke €1 &00n+ii to&,Wpm,Monday 1hru Fdaxy Lima z Ur eoirrilarir QMr UItItPPt ,._.._ TO"] _ lnalminenO Han Fuld Services 0,mfflme H6tlry 1RMe,CUtp-6a 7!592m Monday 11vu mm' FrMw,endsnWhe an 3Asrday,Sunday and G L r l u�„ a D.09n: J{jtl r- UttIEPrCaa Talel frt li©n.shopSw0pesRegularHourfy 1 f7.ab R ,8i00;,tnira ;f)l m,Wonday OhruPidiay ,s , Llim -1. p . irlslrumerNaliat§isG Sen,1 i7v�Hcu-t Ryei;01 pm to 1 I9am, rRrxtrtyr ahn Fs#t } � fI - and anyrr"on Saturday,Sea1tloy aril Holidays LCnw S D"awbaL _ ,..;4C1? ..�_ U UriitPrkm TOWFastesh M nu t iry ata�u10a6-1 d76— T 3 0a EA Li"'. 5 Desedwow ciiu U"R T619 E�stem Fitva' It IA 122106 Mb&l 3.00 EA � F lsnstidtwar°milt1U0 +Xtranaducer c4bbe 1 L r iron 01ty diet Model,47W Mo6w baud 4.00 EA urw a Dusutielw., Ufat Tviel.. .® 5017234001,ate}fw1r �,tita llG L 0 4, 9A — ITB No.20-0076 Instrumentation Equipment Parts and Services Page 22 of 38 Contractor Services Agreement CITY OF FORT WORTH BID OFFER E+�rtG ID— ��;spe Invited: FKCf-ARK4,ASSOC,IEI�4M INC ,& W80S3HULENSTSTf364'PM83 Event RAund vatelr n FORT WORTH TX 76132 urded':States Ey6ht *e_ _Jim Inaeinsmn. 3�f pticYi� T ,,. [K3,-,s;�r.Ais�c� _ Ub�l'Y1[Ti[i:' 4:t1�+ R:F7riVr10i'Iti StertTim Fi h4lme`-" ___ ___.__ Pt GIkASIN DIVISION 13 30:00_MIT '4,Q�N R�LiE�JE1.CIiFY HALL 200 TEXAS ST, FOA WOM TX 76102 tlrirlad 5s. �Insl[: Ffd°.,I�ut�dirssln�ftesp6ns� +odht�cau� uw�r- 9 0IA 491 ft1L<11,tig-gas ear an 10.00 E —.— -- Lime: 10 oeti,rimllral: v UVIK uni[prkv TOW r.._.. 011:SA11W11,Cl2gxsPC9 i�.t�r""'_'_ Eh Liam; ii it 085 1045,NM Gm san3rx 40 Unw, 12 QW& ane _...: ,,., 1 F.;.a:y.: u.lJtlil.. ...< _ ._:UhiEPti c TOM � — Q�MM A10-16,RIF Pii6 R 10.00 EA LAoe., 13 ownifflaw a& uplit UHUPriee TOW oa a Uffilt TOW 00�M&,NM3 Sensor 10,00 EA Lihm. 15 _.�.___.__..:___._�—�._..ua�t� W2,M&O1004,NH35enwTfw 10.00 Er Lina� 16 ti�uiplran � ' M ,PwNf*iA ela Ne etakil oel 10 0[P EA 1.rw 17 2 StT ,Gsuq Areas Traci raltmt k{aJ !1 10 06, EA 20SIT4.aMBIIASOA555 I A � �.�....... - ITB No.20-0076 Instrumentation Equipment Parts and Services Page 23 of 38 Contractor Services Agreement I E CITY OF FORT WORTH BID OFFER ezt1D __. _ Page Irnriied;, PfVHXCLARIC&ASWCIATESIl ._ _ s. 6080 S H-ULEN ST STE 360 PUB 390 @� Rein [ ri _....__ pT WORTH TX 761 ' w LFraed 81a1 ` �Yrsl�t �lllB ---.. •• L zuacntstir�6Taz3pnoar ao sa i5ts __ SubmitT# Df FoS h j StartT Plnls� rww R� tSI CIVI ON 99-00.00 car ?L l2� 1bz5G 00 tiai. Lt�t+u1=RLEvEL. 11YtL�tLL 200 TEXASr ST Fart Vcdh TX 713102 ( United Stsbt, l�atl. �i4�sPtF�haRc � #artwarflra�.0ar Lrne, 1� lPrfoa Taf*F dk#J6,f'UE5§@�lfl[1rtiE$i76 Infirm marddakl.tu4odei 10!,041 .__ EAi �- T. 0306RT22SAll I �r _ L _ . { Llna• t3 i basxirirrrJrsns , LL,:u„u„ ,Ur7F�_- -- -.--- Unitl3fte Total Ras€mourA Pram m Trans ritor. k4eai M 5Rr4 EA i 3r]5'i�ASr1P41'Mhl}iZE1tA4AC�2E f Line; 20 I?asrlgl4ats: #YNy.il. .._.._Uriti 4FiraAFPica� Total Rasmm Rt PraeaE e t rp�rar Saanareriher. :3410 EA MO 1GbW0U1A,S415FdA5Li4T1i]4 � Lime. 21 �t+rti - TDtal - a effi"i PrEesere,Goanar Trams filler, 5.00 EA M6deli 3051GG4AWAtA1341 SK15D4T1 Q4 i { Llraaa 22 ba9ariFK�ra1~; w Unk _,._.-. izaiF Hes Rtlaen w O Iriirue L urrTransmi tr,PAP" FA - 3o51TA2A2F AibT1P21dM4tQ4 € Luse; 23 wArl:P .s..Y:. _ vats aagrnAut 14#Tstr ess3u+ Tray rrilCer.lEt i &00 EA 3144Pb1Ji1E1h1!H.:404 �.,. r....-......___-.. ...-d j I,no 24 TotalbR° rai swwe Tra rsml�r.k€erdel g Ritl4i it -M51{ f402A1AM5D4K5KP2T1C �' 7 Lind: 2i k( MTAP,Telco FAodem ceflan 20,00 EA U tit 33 oly 4iHRMAJF€ aA13Xr� f foTMo el# 1iTGD EA j LI�.��,...�..»i- w t t i I ITB No.20-0076 Instrumentation Equipment Parts and Services Page 24 of 38 Contractor Services Agreement w SO CITY OF FORT WORTH BID OFFER —------ Iflvitud- FRMK CLARK&ASSOCIATES mr, 6M 5 HULEN STSTE 35GPMO M Eveft Rawd viarsigm VQRTV4DRTHTX715132. ;t United Mates and saxvicas i SOm,it Tc Citj of Fort Wodh swd,nmp Finish Tme PURCHASING DIVISION LOMR LEVEL CITY BALL 200 TEXAS ST Fri tiler Ah TX 76,102 LWA*d Stab" Email, Mimi 27 .............................. UD Elk 28 plmdo-whl-- UnjtPrkm 15-I%baftir raa,,I-Rhlum,W UM 10.00 EA IF TremrrOW.MaleMI29MRIAIM404 Line: aasc : d n! --—-------- 74M44,Spommwbrancaps 42WAnd 8OmL '10,00 EA .............. eltOMMO ftX CTE 47410 ppm) it Unw; 31 Rmwnwrt PreswraTransmWer,W*el 5100 FA 3051TQ2A2B21A840;D4h1§ Uw 32, Uftedwan, idwsu, Kbo EA io F1peA Lim: 1-3 GA4M4,tWA5F6QN4,,R munitaMmAure tbo BA ........... 411"', 34 ON Unit 1040 FA Unw, 35 1022uEkdon.- 12504M,WS Getis Gag rwaix rr 0 SIM FA Gfti!t ITB No.20-0076 Instrumentation Equipment Parts and Services Page 25 of 38 Contractor Services Agreement I CITE''OF FORT WORTH BID OFFER I I EMAM , I Invibed- FRANK CLARK&ASSOCIATES INC xn e- OM S HULE N ST 5TE 38O PME M FORTMRTHTX 73132 United Stues want mama ra sh r 84115 t TV., city of Fort Worth StartTrtiw Fintab Tuna PURCHASING DIVISION LOWER LEVEL CITY HALL Fort Worth TX 76t02 Wilted$llal'S Earlaai, �i>lyBPurr;� lfl+�l�.es�rrs��ll�r�nrcrthtes : i L;rua. 2 1 9250-Uf#11,43DSriat�tleriti�S�iie�•.!?1d _ _ ppm,ifhra Li ir<t 37 Aeseriolian: oft u 126A•#fOi GMC-anleGasGenarxtariar 6,00 ph A:a3ri aria,10 ppm In 1W ... .._...... .....--.a .__. ._..._�_. Lkmi 38 3 'anA��'wit;si�mrta s: .� 200 HMI ragl Raer 200 M1 rya? 10.idil Sa � Line. 3S 0"eri} on: filly UnaM Unitlanca TOW eitWont 7i14,5034.0801,$*mom Ftl�mRarQur §,1 t _---_._ 240 1 €s tmv l I ccntralhl r W up jo six i purnpa,ftl promes eoi iraE Mua; 40 @ 1Sttle._ ew. Ugt__ tlnitpric-0 TOW _ MR-J)SM226,ern6na I-tari Module for Mag 10,00 FA 6400Tcansmitter s 41 [yea naubn. __ unklevics, TWA slamans 3rAE6Bo,711Efr86t�J7 6 2 I�sF2 3ftrans 5.w F.01 7- �__ �2,�t41A�3�iti4 tN E L1aa 42 1caii ..__ $1Y.-—--6rtit ptJKO: R 5 U1 pC53„hjIIR+lcuntKIlar6" iwo, #roan± 7Tranernitler F F a�_ , Un6t�rlca Lii 43 ?so @ F � Giv Unit Ara at4a too EA, . CoMuctor Plus Guersil BraldsdMM Liter 44 ooaurauuonc L1riIt .1,....�.r �k11 w��.3 -:_S7�iCFYica Taff SRA2V02 Semaw,Huneymli t'-It2y11213aumor 1OX10 €A i s E i i 9 ITB No.20-0076 Instrumentation Equipment Parts and Services Page 26 of 38 Contractor Services Agreement CITY OF FORT WORTH 131D OFFER I ` 4entr[3 F'aga Irwilmd, FRANX"K&ASISOCIATES INC =„,,,, _ n WOOS HVLEN ST E PUB 390 avrilsl l aaind ' v ers ion` ` ` FORT MIRTH TX 76132 ,_....--........_..---- — --- VritLed$taW1s Kraint Name ` FnaY:nar neai:-ion E:im!-ft y r". xp4 ar, kr .—..._._._._.�- aEbmit T44: �F Swl PH Crw" Finish TWno DIVISION a2as LQxa Q8_aQ:00 esx n:,,Ex � 3a n-00 9RT LOWER LEVEL OITY HALL, 200 h 7X7 P 81a2 unlwd Slai ernnk F S' haE&M 2es sea§,for Wort axas,gov Linn: A3 pwr¢ritdtRtr ow Unit I n0wrlo® Taw SR-e4rMPM,LE.Sa r 101w FAI i Limp; 4�i �a cr i4�E 4twr Unit Urthpfte Total f Lam; A7 F o � l7iC;a8aE[rX+i21�,`�1tirYle�T1�IGtfiQtHfa CvtPLBr Taminal Box —r Line; 4A 1 Uat UnlFPrerca Tg3>tl A+luite Mplam, 6,00 EA - f4 +1�-C Ciiiirfbil 6l i?- GIDS _ oup W PmWdar C+xtlrnliar in kN4 NEli AAx Lam: 49 EA one{ rp GAMM II rba Aici*r Lima: 50 17gr1 ; ❑tY SlJ51L __._._ _------LItPrice TT. CMS;MidalFeatpiaf�.t^iAUk27-12,3f21-1:2-;i13-t} 51.U4 194 C3L73S Gt��34tPiKll{'-ad6 Fw91xti4Cr LInir: 61 p Mori 3aznPwl'GlAll:4-t2-00-00-GiTT0 &W EA fv,LiS Ccxp+GASMM n it Wonliof w l.3rrp: 2A3 OM Cal FA i Ling. 53 .. _._ ,.,... 7 i2ME NM�KA-4, Qi3522f14iF 1 44 —- &OD EA Span n2 Sma*Etc rirar�aa neli�pr nnr P -�� or prtir;rsnaiia tnear and R.xil tvrth aoluwam v 3 1 i I ITB No.20-0076 Instrumentation Equipment Parts and Services Page 27 of 38 Contractor Services Agreement ITS`OF FORT WORTH BID OFFER s evtm ID - Pap. lnvite& FRANK CLARK&ASSOCIATES 1NC 1 Ne i t47-zfic '_ .�.,_, ,1 60608 HAJLEN ST� P M 860 euQu vnr s&xi FORT WORTH TX 76132 U ed States �F!�rat Haim 3 IYJ Iii$- �10lk.€;Mt A.nn¢t �z=•_ta��tti. tyalc��... __._._ Si1bmitTw, CC�iy ClfFilet Worth �F�r�lirnd FWAIhT,Se P4JRC MIING DIMSION LOWER LEVEL CITY HA1,L 200 TEXAS ST. Fort Worth TX 761M i Ur d States S Email; FMSPutd%aWirtpResponre esgu j Lim: SA E 1 lotAmmmnfa Prawn FeMSyslerti%r"A rx00 d 1 hre-$tl Mols MOW P&MI l " ? Lida' S5 — um - o"U 1 ,Wall Rsffe4 4rrni'alm aq,L mpr=A f l� RIiit .. .. Llw w nr Unit Ur*Wrloa _ Tar — SVSiaa 94Sait�+slve 10+00 EA __. 3 Lac t�7 . _............ � I'G��Qi ?�t3,d" ha�]nrGr�ascre 9s�a 10r00 �4 Wi-fA Lir~� l Lire? tt9 i _ri'dan: q� Ueie tI *rl� Tata}_T 4 I Lam: 80 NTki-911-115,f{asCerS.c� a 1D,1#D _..__� Lim M OesCA tion: r -__ Unit unitpfte _. n t{T 1DDD.P4't+ Iki ,RM1A ki r 5etieerA44 1U, F,:�. _ t�rrcr tiesc+iastianc KTi~Ik"1.5TNFiJ57 l ltil for o'e ibo — tle�itFr�ca { F I I ITB No.20-0076 Instrumentation Equipment Parts and Services Page 28 of 38 Contractor Services Agreement f e .. CITY OF FORT WORTH BID OFFER E0 ato Page Irwhad-, FRANK CLARK&AMCAATES 1N ,R1 �, 60008 HULEN STWE 34 PW 300 Qventiigalnd l+ersion FiJRT'OffrKTX75132 I 1 ---- a uradd 8bw Event tterae InSsxaurtirtatian Eitanr vrC and_5ersfa 8ubmitTn:TV" 'Finish Time P C+lFiiSll rt WOrih .Mj2mao T_ea 9) iT ---9111 ,?�oz ----, LOWER LEVEL GiTY HALL 200 7EXAS 3T Fvrt'+kdh TX 761:G2 United_stwws s Eniail'i F#�ISPu�ih�irlfjR�s�i�sei0r[wttrtiYt�t�fi,t N�rme q 10.CQ.._....--- _t1r1[C UnitPrrcar -Imo. Kai 20dl4 rtl 3 H3 PM kli rcr 1� $s�iavr _.. __... water E .-.. l z Line: 14 Ched Valve 1 S'FP3lrrtelfCUlet,1-1:5PSI 1SQ0 EA r r inel 155 oft Uri UnitPriea �_ K1FP{Fek�lhYo�ili3 i'Mkill r rJ-1U(h i+Si+0 140DO FA ppdi�L2 r _ Lim, 00 j KTHZ(J40-RW,KI Krt Hies 30M 2000ppd 10.20 EA mmato meix panel _ i Utw 03 Tow K H�"r,FYdI klt#nr direrdiai 1'1.�0 EA. IReo-5U1@ r$�11Ar `' Lfiiis +98 ISesoreepern: r, ONllnit t7rlTtArt45k .r, TOW § 'v 145G,mum Moa r 4 LGne; u ufitarke P69R2 A+�P@If1 L3lRA" [SEartke �:klacleerF lar 4,po fA Level'FRM20.15XI D Ltnaa '70 g2mdubom ..... i tAo3t ila7WPr,co ,__ ,Tateb Flit tlAAP r! 1CW R3 Eredtees arm Rdd s 3,00 EA --. -•-•—� t Line, �1 Q cttr +ri; 0tv 111fit1]mitPrr Tatal F'&1n 1, .P8hT1JC C ,FAWM—jQW4�Ra E<Ild EA E ITB No.20-0076 Instrumentation Equipment Parts and Services Page 29 of 38 Contractor Services Agreement CITE`OF FORT WORTH 10 OFFER i i 6xee�t i5 V; lrwltad, FFANKOLARK&A&MATIESS INC i }Y S HULEN ST STE €FAO 0 f Frent Round veeaion -` ----- F ORT 100ORTH TX 761$2 Unhed States Event Clam i M xnstnMat, • S �_2 ax _' �. � t ubmiltTat r:i(y�d#Fori97Uarth SWInme finish Time PLIRGM�SIN�DYV s" -p,._..L,J. ,., -. LOWER LEVEL CITY MALL Mitt TEXAS ST Fort Wo th TX'76102 unaed.i tstat Ematt. FA Pvs hA in FE s r;�lSss tortarorihtaz a.gov Unw 72 UP it tAnaprida Tb", 9STAI-WKM E+hf tlHraaciiie$�5x i,041 T EA (_ C Lirse: 73 Deaaripli<sn 0tv TtdT162#€I jo.(8fdB6122222}74n Transmitlar 4.00 EA Une. 74 60 txclei: - tV Unit Uat PWco 7atal _ TMT t ,iFid7fR1691fC14 x)T�rnPTrsn ti r 5. A _ blow; 7s F�sscrin4irsn:. _ y ,-......_ Sln�.__ P�iP7i-QNUMd71Praaa#r�nsmttar s�1� - _ 'Total PPe9PTi ,�iJitll rsa€ Itsrntliet <U EA i Linn 77 IDeserllaftft: lre Final Proma9i-W05P39tF-aF3F�4(0EleaY FlOWW M D _3: N , r t.Inw 7S p9 Dcscrtptian: --- PM0 6-&,tUM 4i f7iFPryTrarw 5.00 Erg tine: '19 0eacrintlan. ON Unk tlnitf riot T KD5G6r1MLPr nsq,dM to di5rJtst c ian 9[�,RF P i Urw; W I i7rscaiottan: Link Un tPr 'row M&M-1 FL.Pttmmno l.t PPs E i fedinip�:sbte 1040 Fitkil -- i 3 E r ITB No.20-0076 Instrumentation Eauipment Parts and Services Page 30 of 38 Contractor Services Agreement CITY OFF RT WORTH BID OFFER Paget linyftWd PRANK.CLARKSASSOCtAMSINC ww rmw€�t lon 3H HUL9N TX`� 320!PMIB 7 .,, VnIted Saes �awnt i�me i a .__ Submit To- CIttyy9F ortWQrthi Tu�w I M ndte MO SING I7i 18 N 02 OS xm _..0-L gM, ',4 a,.c r_- ..___ LOWER LEVEL GiTY HALL Fort Worth TX76102 United ftWe. PMAN F Sl�urcha g€3e e5 foltvraffk�t s,rtst Limn 8'1 t c Milt Urridprirx -- �----- - ... F'A1UAU•RifCA161,RAlAPmaan}xS t7.. a, .. � --•_.�_--.---- _��( Lino: e2 P h. mow- UrAprieD Tatal 93 Ht� ✓ r�+;�,.#�, .F v�d@Fii[+ 6H tod -- Lints; a3 l Rsj2d9w--;MM-a um tFar Cya7 a Tetra Lima; 8A 0640HO&M ow unit Ply? ARt ,PredWom bigiitakPinil Display kb.to EA Lip a5 - _ -.....Ur37t ...=..-- llriilPr3Cq _........ Total...,... Ira�tsrnwitm fk uorrer�tC7r�aM rp"and'__._._ IMM EFa �'Rc�raoa��iwi r ... .__.....� �. TOW BidAmiiuft ITB No.20-0076 Instrumentation Equipment Parts and Services Page 31 of 38 Contractor Services Agreement CO NFL ICT OF INTEREST OUESTIONNAIR'E FORM , 1 Forvendor doing business lrrO local gowemmentad entity TM*wamiotiY olm mllscis chasigaa tr oft ip Wo law tsy:N.6.23 04;h Lag,F62,gurar Sesslen. iTbI-%qMftWW1W5WingOkditQ=rtMQ ,1W0i0p48rin,Locaf rnrrr lcode, cru awe by avrandorwho has abusmssrelationship as deflnedtry Section t7aMtLN-a)with s bral govornmAimaientityandthoirariftmaeter uirements undarsection17&:. a}. Fa+rthis questwalre must be filedwith lire records add inistra4w of the governmental 0010y t1C1 laterihan the 7th t iFess day afar 1ha-date lire Yonder b ford oar 'e of Parr ihatrt uitet"astalerwrit rot*fled. See 54cdw 1715,M€+Sa-1),'Local 0ovorvrr l p, A vendor caroms an ohonsa,tr 1ha vendor knowingly violates Section 178.GK Local Govemment Code..An offense under this sertion is a rriisdsdomeanor: �. PF8gb8AAl Y�It�tEAF1�1144 ti3581t 1R1 �'9F@AF¢limPfahiLYdi3Y kkC?hIQMe!Fnh'f�!nli89i94 chici this waltyAUs fill one to spaa�}ous#y[111tidgi ennaFre. ("rha law quire;that You file as updalitd torhple:ted AvatiirFrrndke with the approprieta Ming aut'nod;y not later thart the rth Wtiness day a s the elate on which you fume&ere ftl the vari ia3A,r filed qwr. rrt a was intompiale or intitsutsM.) M""as local g€v eriiofficer:aboulreheatthe1ntcwmafloar M this sectionisbov 4341fiftd, Nwm ell Oilite T'Ns section[gym 5 ir?:it ftg sultans A.6.G,S DI inusi ba coirwWad'For ash rr =ar wit-h whum tehe vie r'his err emplayment or gthw basins rsd ke*l*as O;Rrwd ITF *n 176,001(1.,:ara Local G rflmefA Cc&, Attach a&MOnai ph-get to the€iY m CIO as,"tee. A- Is the Iz W gavemm,ant 41fi er nowmed in iris aee vry tectivirg, or likely to reas6re Wablo kKpww,olhim Ulan invezimum 4144 O,IMM the ondofr? y4s NA B, is thL.a an6:1r ree, iirV or lii torooffive WaxeWiocomm,glilsr#hen tmartt ineame,irrait chr,t--tihe diretSon of the local pi rufteiA officer n--ftd in drls.seplign AND tie Wable 4voma is rra%ra=ived fin the local gmvarnmenul an*'? Yes E]No Cw Is the,flier 011&quetstionnaake qw1ployW by a ca ctai ors or tistt,ar binf€i;ess amity with rctspaet to which the haw govvmrow o cor x"%as an ofiiter or id?ctor.at hoiide an wrmshp interest of ofW peme 1.of Mon? =I S` o 1,Desube each vrnozynwA cc,birsine and family refdignstdp With the local"ernmeft officer tvaa¢ms€E In the t"aetinri. 59 Adimat verdzr doov rU..;.i W111 M gwrrr .s5riistr 1 ITB No.20-0076 Instrumentation Equipment Parts and Services Page 32 of 38 Contractor Services Agreement ATTACHMENT-C CO-NTRA+CTOR'S CONTACT INFG►RMA,'l`O c`�,rrao�eor•�rlamer rr �.��.. � �; � ; Q dor's low Address: Pixxc: 91 Fax. 'NOM ref TWWu atsi stilly for this Agreement, Vie:! = 7. EIx- Enmil: 1=R r rs tam Name of pcuons fbrrereewal information agar billinW epres iaixs: PI Wne, 1r"as`l: r Nwe.'Til Erio l: _ $i Mtet e: Prhftd Waive; - D L ITB No.20-0076 Instrumentation Equipment Parts and Services Page 33 of 38 Contractor Services Agreement i ATTACki<KENT—D CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSYNESS 1 Chapter 2,Article 1,%citon 2-14 of the fort Worth Code of Ordlnaimes autharlm the City t'rilgncik wlreti considering eompetifive seated bdds, to enter toto 9 costroor For terror parclatacas with a bidder whom t principal place of basiaess Is in the torporate lltods;off City of(Fort Worth and whose bid its wUMn.3 or 5 perunt ofi ilea lowest bid,.dependlag on the value of the mgmem wod goods or services raq,aeatad.if the lovb est bid Is from IN hosikoss ootsida the Municipality and contracting vdth the local bkldier would provide the best com insWtion of pike and.Da her rtoomomic benefitsto the muni0 fiality t Requc as to be considered a local bunion rmm'be tido ritted cm this farm A itb bid pac ages to be considered by the City of Fort Worth-Questiam should'be addressed to the Purchasing staff l isted is ties bird or m4uea package. The ron.Worth City Coratcil requires the following hi€omation for considietatkrar of loCa,tlm ufe,bidder's p n>;W place.ofbrinow,. Add additiortdl sheets if needed to provide this irtfornution. 1. 1aomional Eligibility: Principal Place of Business in Fort Worth,Tcxs s. A. Do Yod Have to Part Worth offi +2 tfM.identify address, ~. 2clt'1cOil 5 t1d l V ZILI t a ft b. NN%st percraitags of estimated gross varr"ny sales(-wwld+wi dc)am sales origiinarity in Fort Worth? `�Origioating in Po tWo"b"shall meat€payable At the Putt Wor*offik:ejowo"Coed M1 2_ Tc�tirr,�riU�ewalaitmtit oplsartunitt�rr�rsltirg fWptat x�>rza:3. a. Number of Fort 4 ooh resident-employees? b ks,CIF t a b. Amount of City ofFort Worth ad valorem tax (seal And batsiness pe rsonal:Fripo")laid 4 cscirtPOY (for prior tax year—Fort Worth office or fbmier locatlotr,is fort Worthofte is newt) lishod)7_ Certification of hifor-matiorr_ The understgned does hereby aitlrm that the information supplied is true and correct as of the date hereof, andor peanlly or porjitM �t'a�pasn�^ aoao}. �1?fete) { 1pnatfiret (Priaa#ed NU Ise aarld Title) ITB No.20-0076 Instrumentation Equipment Parts and Services Page 34 of 38 Contractor Services Agreement ATTACHMENT E PIOMe complete wid tetwn this fbrm with your bid. The bidder sWI fmiiatt rsfizencapg for ast J%*#+ems(3)rent otstorrters i s semi haw been pmvided t6 tt arc sirnilar to those requIred;by this ITH.Tho My will b-a the Pole judge of roraences.Ple w atk[hiprMl shoos. 1, C411Veny`sNon*€T--t - f7"-r- vu.o T-'4 TitI64f�'(fitt®EC A i}r�".iw _�L �, 4-�8t1 f �g;g. =-IZr rf rr'wllt,'`aS$dress J-': L g.L.'j.�-�4V City,StAteT Zip COO* '110*3um+eNumber Email 2. Campwy's Mims sir"i�+ �`..L;t- L 0 Nome of Contact _ Title of Cowry Present Addresg City,8btte,zip Cc& m a Rol 0- `7 Tdcphame Numbe-r { �� cam` rnaril ' d f ,t ( C4 6 a 60 #t 3. Cotttlmty*sN-amo -5i' t I Alarm of Contact rn— _ - 6 IiGe sFt nntaei ti 'lam e'-1=&- I'msentAddrwcss �. City,SimZip C G'eC phane iVtun ry4"7D Fax Number Dnail ITB No.20-0076 Instrumentation Equipment Parts and Services Page 35 of 38 Contractor Services Agreement ATTACHMENT F Bidder's Qualification Questionnaire, L Due yo&earnparry was established? z l t 2. What services are provided by your company perWaing to this bd? r iN S -L ,V r°,d ' d 3, How many years bas your organization beeat in busing under its prewt name? a. Li s imiVyf rmer cant your organization has yip ted under artcl rlre tirnefrainc(s). 4. Please provide any applicable contractor(s)li*emses which arse currently active and in good standing with the state of Texas.(Please provide any aftchtiacrits along with your bid response.) b. l..ioertse Classlficatiorr _ e.. L tome nc s} d. L*ewe rornW. e. bate Issued f Expiration late g- lame ofLkem;e - h. License Classification i. Liconse Code(s)_..� K ], License number k. Date Issued - l. ExpirationDa*___ 5, please pwide a list of most mmmonly used equiprrrentlmtenais liar Digester Gas Testing b. _ d, e. h. S. Have you ewer der''a.ultedon a cantraet?if so.wltv were you unable to fvifil:i the obligatwcros ITB No.20-0076 Instrumentation Equipment Parts and Services Page 36 of 38 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) ITI3 No.20-0076 Instrumentation Equipment Parts and Services Page 37 of 38 Contractor Services Agreement ATTACHMENT E VERIFICATION OF SIGNATURE AUTHORITY Contractor: Frank Clark&Associates ne Address: 6080 South Hulen St.Suite 360,PNM390 City;state,zip: Fort Worth,TX 76132 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: r-RA-411c Q- r"t Y, ��W 6�ul Signature of President/CEO Other Title- Date: ITB No.20-0076 Instrumentatton Equipment Parts and Services Page 42 of 42 Contractor Services Agreement M&C Review Page 1 of 2 official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FO 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 Manufacturer's 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=27840&councildate=5/5/2020 6/25/2020 M&C Review Page 2 of 2 Division and approved by the M/WBE Office, in accordance with the BDE 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 I D ID Year Chartfield 2 FROM Fund I Department Account Project Program Activity Budget I Reference# Amount ID ID 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 http://apps.cfwnet.org/council_packet/Mc review.asp?ID=27840&councildate=5/5/2020 6/25/2020