HomeMy WebLinkAboutContract 55568CSC No. 55568
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NON-EXCLUSIVE WATER TREATMENT SERVICES AGREEMENT
This NON-EXCLUSIVE WATER TREATMENT SERVICES AGREEMENT ("Agreement")
is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule
municipal corporation and CHEM-AQUA, INC. ("Contractor"), a Texas corporation, each individually
referred to as a"party" and collectively referred to as the "parties."
WHEREAS, City, through its Property Management Department, contracts for water treatment
services within the City;
WHEREAS, through Invitation to Bid (ITB) No. 21-0018, the City solicited bids to award non-
exclusive services agreements to multiple bidders for water treatment services and supplies on an as-needed
basis in the City with an aggregate annual amount of Eighty-Six Thousand and 00/100 Dollars
($86,000.00) for contracts awarded to the successful bidders;
WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non-
exclusive water treatment services and supplies to the City;
WHEREAS, City and Contractor wish to set out terms of Contractor's non-exclusive water
treatment services;
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Non-exclusive Water Treatment Services Agreement; and
2. Exhibit A— Scope of Services; and
3. Exhibit B— Price Schedule; and
4. Exhibit C— Verification of Signature Authoriry Form.
Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B
or 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 for Water Treatment Services. Contractor shall perform in a good and
professional manner the services listed in this Agreement and as more specifically identified in Exhibit "A"
— Scope of Services.
2. Term. The term of this Agreement shall begin on April l, 2021 ("Effective Date") and
shall expire on March 31, 2022 ("Expiration Date"), unless terminated earlier in accordance with this
Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this Agreement
under the same terms and conditions for up to four, one-year renewal terms.
OFFICIAL RECORD
Non-exclusive Water Treatment Services Agreement
CITY SECRETARY
FT. WORTH, TX
3. Compensation.
3.1 Contractor understands and agrees that the City may award non-exclusive services
agreements to multiple bidders for water treatment services as outlined in City of Fort Worth ITB
No. 21-0018. Contractor further understands that the aggregate amount of all contracts awarded to
multiple contractors under ITB 21-0018 shall be in the amount of Eighty-Six Thousand and
00/100 Dollars ($86,000.00) and that the City makes no promise or guarantee of the total
amount of work that will be assigned to Contractor under this Agreement. City shall pay
Contractor in accordance with this Agreement and the fee schedule attached hereto as Exhibit "B,"
— Price Schedule. Contractor shall not perform any additional services or bill for expenses incurred
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.
3.2 The City shall issue a verbal or written Purchase Order establishing the locations
and schedules for each service to be completed by Contractor ("Purchase Order"). Contractor shall
perform the Services in accordance with each Purchase Order issued by the City. The City may
issue an amended Purchase Order to address any changes in the work to be performed after a
Purchase Order has been issued. Except as otherwise specified in this Agreement, the fee
established in each Purchase Order shall be based upon the fee schedule attached hereto as Exhibit
`B," — Price Schedule.
4. Termination.
4.1. Written Notice. City or Contractor may terminate this Agreement at any time and
for any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-a�ropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period
for which appropriations were received without penalty or expense to City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Contractor for services actually rendered up
to the effective date of termination and Contractor will continue to provide City with services
requested by City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason, Contractor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event
Contractor has received access to City Information or data as a requirement to perform services
hereunder, Contractor will return all City provided data to City in a machine readable format or
other format deemed acceptable to Ciry.
5. Disclosure of Conflicts and Con�dential Information.
5.1 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
Non-exclusive Water Treatment Services Agreement Page 2 of 24
Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to
City in writing.
5.2 Confidential Information. Contractor, for itself and its officers, agents and
employees, agrees that it will treat all information provided to it by City ("City Information") as
confidential and will not disclose any such information to a third party without the prior written
approval of City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintainedby City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons
objecting to disclosure. A determination on whether such reasons are sufficient will not be decided
by City, but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Contractor must store and maintain City Information in a
secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt
City Information in any way. Contractor must 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 will, in good faith, use all commercially reasonable efforts to cooperate with City
in identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Contractor agrees that City will, until the expiration of three (3) years
after final payment under this Agreement, or the final conclusion of any audit commenced during the said
three years, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records, including, but not limited to, all electronic records, of Contractor involving
transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have
access during normal working hours to all necessary Contractor facilities and will be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this section.
City will give Contractor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Contractor will
operate as an independent contractor as to all rights and privileges and work performed under this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the
conditions and provisions of this Agreement, Contractor will have the exclusive right to control the details
of its operations and activities and be solely responsible for the acts and omissions of its officers, agents,
seroants, employees, Contractors, and subcontractors. Contractor acknowledges that the doctrine of
respondeat superior will 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 will be construed as the creation of a partnership or joint enterprise between City
and Contractor. It is further understood that City will in no way be considered a Co-employer or a Joint
employer of Contractor or any officers, agents, seroants, employees, contractors, or subcontractors. Neither
Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will
be entitled to any employment benefits from City. Contractor will 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,
contractors, or contractors.
Non-exclusive Water Treatment Services Agreement Page 3 of 24
Liability and Indemnification.
1. LIABILITY - CONTRACTOR WILL 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 MISCONDIICT OF
CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
OR SUBCONTRACTORS.
2. GENERAL INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCL UDINGALLEGED DAMAGE OR LOSS TO
CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJUR Y, INCL UDING DEA TH, TO ANY AND ALL PERSONS, ARISING O UT
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, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
3. INTELLECTUAL PROPERTY INDEMNIFICATION — Contractor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modi�es or misuses the software and/or documentation. So long as Contractor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Contractor will 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 will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect 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 City for
infringement arising under this Agreement, City will 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 will fully participate and
cooperate with 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, City's assumption of payment of costs or expenses
will not eliminate Contractor's duty to indemnify City under this Agreement. If the software
andlor documentation 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 will, at its own expense and as City's sole remedy, either: (a) procure
for City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
Non-exclusive Water Treatment Services Agreement Page 4 of 24
to Contractor terminate this Agreement, and refund all amounts paid to Contractor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
4. ENVIRONMENTAL INDEMNIFICATION - Contractor does hereby
release, indemnify, reimburse, defend and hold harmless the City of Fort Worth from and
against any and all environmental damages and the violation of any and all environmental
requirements resulting from the cleaning, handling, collection, transportation, storage and
disposal of hazardous waste by contractor resulting in an act of omission of environmental
violation. Environmental Damages shall mean all claims, judgments, damages, losses,
penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses
of investigation and defense of any claim, whether or not such claim is ultimately defeated,
and of any good faith settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation
reasonable attorney's fees and disbursements and consultant's fees, any of which are
incurred as a result of handling, collection, transportation, storage, disposal, treatment,
recovery, and/or reuse of waste pursuant to this contract, or the existence of a violation of
environmental requirements pertaining to, and including without limitation: Damages for
personal injury and death, or injury to property or natural resources; Fees incurred for the
services of attorneys, consultants, contractors, experts, laboratories and all other costs in
connection with the investigation or remediation of such wastes or violation of environmental
requirements including, but not limited to, the preparation of any feasibility studies or
reports of the performance of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by any federal, state or local
governmental agency or political subdivision, or otherwise expended in connection with the
existence of such wastes or violations of environmental requirements, and including without
limitation any attorney's fees, costs and expenses incurred in enforcing this contract or
collecting any sums due hereunder; and liability to any third person or governmental agency
to indemnify such person or agency for costs expended in connection with the services
provided under this agreement.
Assi�nment and Subcontracting.
91 Assi�nment. Contractor will not assign or subcontract 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 will 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 will be liable for all obligations of Contractor under this Agreement prior to the effective
date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Contractor referencing this Agreement under which subcontractor agrees
to be bound by the duties and obligations of Contractor under this Agreement as such duties and
obligations may apply. Contractor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Contractor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
Non-exclusive Water Treatment Services Agreement Page 5 of 24
10.1
Covera�e and Limits
(a)
�)
Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Contractor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
10.2
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
Non-exclusive Water Treatment Services Agreement Page 6 of 24
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(� Certificates of Insurance evidencing that Contractor has obtained all
required insurance will be delivered to the City prior to Contractor proceeding with
any work pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Contractor agrees that in
the performance of its obligations hereunder, it will 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. If City notifies
Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately
desist from and correct the violation.
12. Non-Discrimination Covenant. Contractor, for itself, its personal representatives,
assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees
that in the performance of Contractor's duties and obligations hereunder, it will not discriminate in the
treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY
CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION
COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS,
CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic coniirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
Q.t�Z� ► : : I�TTI �771
Chem-Aqua, Inc.
2727 Chemsearch Blvd.
Irving, TX 75062
Attn: David McWilliams, Regional Manager
Phone: (972) 571-5646
With copy to Fort Worth City Attorney's Office at
same address
Non-exclusive Water Treatment Services Agreement Page 7 of 24
14. Solicitation of Emplovees. Neither City nor Contractor will, 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 will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. 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.
16. 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 does 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.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real ar asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Contractor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will 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, compliance with any government law, ordinance, ar regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Parry provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headin�s not Controllin�. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to defne or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
Non-exclusive Water Treatment Services Agreement Page 8 of 24
22. Amendments / Modifications / Extensions. No amendment, modi�cation, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warrantv of Services. Contractor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Contractor's
option, Contractor will either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Contractor for the nonconforming
services.
25. Immigration Nationalitv Act. Contractor must 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 will provide City with copies of all
I-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Contractor must 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 WILL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to
immediately terminate this Agreement for violations of this provision by Contractor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the seroices provided under this Agreement (collectively, "Work Product"). Further, City
will 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 will 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 will 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.
27. Signature Authoritv. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by 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.
Each party is fully entitled to rely on these warranties and representations in entering into this Agreement
or any amendment hereto.
28. Chan�e in Companv Name or Ownership. Contractor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
Non-exclusive Water Treatment Services Agreement Page 9 of 24
updated City records. The president of Contractor 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 provide the specified documentation so may adversely impact future invoice payments.
29. No Bovcott of Israel. If Contractor has fewer than 10 employees or this Agreement
is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, 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" has the meanings ascribed to those terms in Section 2271 of the Texas
Government Code. By signing this Agreement, Contractor certifies that Contractor's signature
provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement.
30. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
31. Entiretv of Agreement. This Agreement contains the entire understanding and agreement
between City and Contractor, their 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
(signature page follows)
Non-exclusive Water Treatment Services Agreement Page 10 of 24
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
�Gi�IGi �Gt�GI�LGtO
B Dana Burghdoff (Apr 13, 20212 :06 CDT)
Y�
Name: Dana Burghdoff
Title: Assistant City Manager
vate: 04/13/21
APPROVAL RECOMMENDED:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
,�4�� �S! �5'�:�z
By:
Alan H. Shuror (Apr 9, 2021 10:54 CDT)
Name: Alan Shuror
Title: Sr. Admin Services Manager
x� - �- �s�ref2i
By:
Steve o ke (Apr 13, 2021 16:32 CDT)
Name: Steve Cooke
Title: Property Management Director
ATTEST:
By: ��/� U ���� U
Name: Mary Kayser
Title: City Secretary
CONTRACTOR:
Chem-Aqua, Inc.
By: T�d %�c��ti�
Name: Doug idwell
Title: Vice President
Date: 3/31 /2021
APPROVED AS TO FORM AND LEGALITY:
.�%�c��c� ✓l��z��
Matt Murray
Assistant City Attorney
By:
Name:
Title:
CONTRACT AUTHORIZATION:
M&C: Not required
1295 No. N/A
OFFICIAL RECORD
Non-exclusive Water Treatment Services Agreement
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
L The purpose of this Scope of Services is to establish the parameters to supply services and products
that will maintain clean heat transfer surfaces and minimal corrosion rates.
2. SAFETYSTANDARDS
2.1. All chemicals provided by the Contractor shall be acceptable for use in the state of Texas and
approved by the City of Fort Worth.
2.2. It is the intent of the City of Fort Worth that all steam produced to be acceptable for use around
food materials, thereby requiring Federal Drug Administration (FDA) and United States
Department of Agriculture (USDA) approval for all treatment of the steam.
2.3. All discharge into the sewage and/or storm drain systems from cooling tower bleed-off, boiler
blowdown or system draining must meet all applicable standards of the City.
2.4. Contractor agrees to take back and issue full financial credit for unopened or damaged packages
of materials that become unlawful for use in Tarrant County or unnecessary for treatment at the
City of Fort Worth during the life of the contract.
3. WATER TREATMENT SERVICES FOR THE WATER LABORATORY
3.L Water Treatment services for the Water Department shall take place at the Laboratory located at:
City of Fort Worth Water Department, Centralized Water and Wastewater Lab: 2600 SE Loop
820 Fort Worth, Texas 76140-1010
3.2. The Contractor shall service both a hot water recirculating closed loop system and a chilled
water recirculating closed loop system.
3.3. Contractor shall provide all services on a quarterly basis at minimum.
3.4. Contractor shall provide all the chemicals, reagents and equipment necessary to perform water
treatment services, including G1yco1.
3.5. Contractor shall perform the follows services:
3.5.1.Water analysis of all system, feed and make up water, includes biological testing, as
needed.
3.5.2.Test for inhibitor chemical concentration of all treated systems.
3.5.3.Corrections and adjustments in the program based on the readings discovered.
3.5.4.Visual inspection of the cooling and heating equipment, such as chillers, pumps, towers,
boilers and pretreatment units (softeners, feed tank).
3.S.S.Replace closed loop filters in the feeders, if applicable.
3.5.6.Addition of the chemicals used to the appropriate feed tank or canister. Removal of old
Water Treatment chemical containers from the property.
3.6. Contractor sha11 maintain at least twice the anticipated volume usage of the system, per
scheduled service call, for open loop liquid programs.
3.7. Contractor shall maintain cleanliness of the water treatment panel and chemical area.
3.8. Contractor shall analyze corrosion rates of the systems on a quarterly basis.
Contractor Services Agreement — Exhibit A Page 12 of 24
3.9. Contractor shall perform annual reviews of systems performance with a designated City
representative.
3.10.Contractor shall provide corrosion analysis of mild steel/copper coupons on the condenser water
systems to determine total metal loss (mpy) and to identify corrosion rates.
3.11. Reports
3.11.1. Contractor shall provide the Laboratory with documented service reports detailing the on-
site visit results.
3.11.2. Contractor shall provide alllog sheets, SDS sheets, product bulletins and labels.
3.11.3. Contractor shall provide and affix a hard copy of the SDS at each chemical feed tank.
3.12.Chemicals
3.12.1. All chemicals used in the Water Treatment shall be delivered to the respective
containment tanks located near the water treatment panel.
3.12.2. The cost of delivery and disposal and removal of empty chemical containers and drums
shall be the responsibility of the Contractor.
312.3. SDS sheets shall accompany all chemicals supplied.
3.12.4. All biocides shall be EPA registered, with an EPA registration number on the label, for
use in the approved water systems.
3.12.5. The biocides sha11 meet all local, state and federal use and discharge requirements.
312.6. The City of Fort Worth Water Central Laboratory must review and approve all chemicals
used and recommended for biological, scale, and corrosion controL These chemicals will be
chosen based upon the current water chemistry.
4. WATER TREATMENT SERVICES FOR THE PUBLIC EVENTS AND PROPERTY
MANAGEMENT DEPARTMENT
4.1. This section includes water-treatment systems for the following locations:
4.1.1.Fort Worth Convention Center (FWCC): 1201 Houston Street, Fort Worth, Texas 76102
4.1.2.Wi11 Rogers Memorial Center (WRMC): 3401 W Lancaster, Fort Worth, TX 76107
4.1.3.Property Management locations:
WATER TREATMENT SERVICE BUILDINGS
LOCATION ADDRESS
Animal Control 4900 Martin St.
Central Libra 500 W 3rd St
East Berry Library 4300 E. Berry Street
Guinn Business Assistance Center ll 50 South Freeway
KXAS Police 3900 Barnett St.
Meadowbrook/E Skills Job Center Library 2800 Stark Street
Munici al Com lex Annex Buildin 908 Monroe St.
Municipal Complex City Hall 200 Texas Street
Municipal Complex Gordon Swift Building 900 Monroe St.
Municipal Complex Public Safety Building 1000 Throckmorton St.
Munici al Com lex Zi er Buildin 275 W. 13th St.
Northside Libra 601 Park Street
PMD Fleet Services Southside Shop 4100 Columbus Trail
Contractor Services Agreement — Exhibit A Page 13 of 24
Ridglea Library 3628 Bernie Anderson
Riverside Library 2913 Yucca Ave.
Seminary Library 501 E. Bolt Street
Southwest Re ional Libra 4001 Libra Ln.
Tech Fort Worth 1120 South Freeway
Wedgwood Library 3816 Kimberly Ln.
4.2. Water Treatment Systems:
4.2.1.Heating, hot-water piping (closed-loop system);
4.2.2.Chilled-water piping (closed-loop system);
4.2.3.Condenser water piping (open system);
4.2.4.Steam Boiler and Condensate Systems; and,
4.2.S.EPA registered biocide Tablets for Air handler condensate drain pans.
4.3. Additional locations and services of the same general category that could have been encompassed
in the Scope of Services of this Agreement, and that are not already on the Agreement, may be
added.
5. CHEMICAL FEED SYSTEM DESCRIPTION AND SPECIFICATIONS
5.1. Contractors shall be knowledgeable in all systems and services required.
5.2. Closed-Loop System: One 7.5-gallon filter/bypass feeder on each system with isolating and drain
valves. Connect across pump suction and discharge, unless otherwise indicated. The pump
discharge (high pressure side goes in the top). Install a 1-10 gpm flow gauge on the discharge side
of the filter/bypass feeder to know when to change the filter bags.
5.21.Introduce chemical treatment through filter/bypass feeder when required or indicated by test.
5.2.2.Change filter bags when flow drops below 5 gpm.
5.3. Open-Loop, Condenser Water Piping: Pump sequestering agent and corrosion inhibitor from
solution tank (double containment for safety) into condenser water supply to tower.
5.31.Intermittently feed biocide to condenser water (minimum twice per week) to achieve a toxic
level of the chemical to kill the organism present.
5.3.2.One biocide shall be an oxidizer controlled by an ORP unit in the controller used to control
algae, legionella etc. Control shall be a free chlorine residual of .2 to .5 ppm for a minimum
of four hours twice per week. This shall be tested and reported by the Contractor at least once
per month.
5.3.2.1. Activate chemical solution pump from water meter in makeup water line to cooling
tower when condenser water pumps are running or by percent blow down.
5.3.2.2. Automatically feed chemical with electronic solid-state controllers.
5.3.2.3. Deactivate solution pump and signal alarm by use of a thermal flow switch on the
controller.
5.3.2.4. Controller should be piped across the condenser recirculating pump, pump discharge
will be the inlet and return to the suction of the recirculating pump. A one inch line
should be used with brass ball valves for cut off on the inlet and the outlet lines.
5.3.2.5. The hydronic HVAC systems shall not be operated without the chemical control
system complete and fully operational. The Contractor shall provide a report that the
systems are ready for operation.
5.4. Steam Boiler and Steam Condensate:
5.4.1.Tota1 Hardness: Maintain a maximum value of 2 ppm.
5.4.2.Steam Condensate: pH: Maintain a value within 7.8 to 8.4.
5.4.3.Tota1 Alkalinity: Maintain a value within 5 to 50 ppm.
5.4.4.Chemical Oxygen Demand: Maintain a maximum value of 15 ppm.
Contractor Services Agreement — Exhibit A Page 14 of 24
5.4.S.Soluble Copper: Maintain a maximum value of 0.20 ppm
5.4.6.TDS: Maintain a maximum value of 10 ppm.
5.4.7.Ammonia: Maintain a maximum value of 20 ppm.
5.5. Steam boiler operating at 15 psig and less shall have the following water qualities:
5.51."OH" Alkalinity: Maintain a value within 200 to 400 ppm.
5.5.2.TDS: Maintain a value within 600 to 3000 ppm.
5.6. Steam boiler operating at more than 15 psig (104 kPa) shall have the following water qualities:
5.6.1.OH" Alkalinity: 200 to 400 ppm.
5.6.2.Maintain a value within 600 to 1200 ppm to maximum 30 times RO water TDS
6. PERFORMANCE REQUIREMENTS
6.1. Contractor shall maintain water quality for HVAC systems that controls corrosion and build-up of
scale and biological growth for maximum efficiency of installed equipment without posing a
hazard to operating personnel or the environment. The period of performance shall be as stated in
the bid document. Contractor shall provide monthly reports showing the services performed and
levels that required service and calibration.
6.2. Contractor shall provide base chemical treatment performance requirements on quality of water
available at Project site, HVAC system equipment material characteristics and functional
performance characteristics, operating personnel capabilities, and requirements and guidelines of
authorities having jurisdiction.
6.3. Closed System: Contractor sha11 maintain system essentially free of scale, corrosion, and fouling
to sustain the following water characteristics:
6.3.1.Copper: Less than 0.20 MIL per year.
6.3.2.Mild Steel: less than 2A MIL per year c. pH: 8.5 to 10.5
6.4. Condenser Water, open systems for Cooling Towers: Contractor shall maintain system essentially
free of scale, total suspended solids, and fouling to sustain the following water characteristics:
6.4.1.Copper: Less than 020 MIL per year.
6.4.2.Mild Steel: Less than 2.0 MIL per year.
6.4.3.304 Stainless steel: Less than 1.0 MIL per year.
7. SUBMITTALS
7.1. Contractor shall provide only new items/products being replaced or purchased.
7.2. Product Data: shall outline each product specification and its requirements, include rated
capacities; water-pressure drops; shipping, installed, and operating weights; and furnished
products listed below:
7.2.1.Chemical Pumps, LMI series A or Pulsa feeder equal.
7.2.2.Chemical solution tanks (double containment, 65 gallon minimum). These tanks become
property of the building owners, along with the rest of the equipment.
7.2.21. Control equipment and devices.
7.2.2.2. Test equipment.
7.2.2.3. Chemicals.
7.2.2.4. Chemical feeder/filter pot (5 micron filtration) for closed loops
7.2.2.5. Stainless filter pot (minimum 4x93/4 cartridges) rated at 50 micron for inlet water to
the controller.
7.2.2.6. All filter/pot feeder units must have a 1-10 gpm flow gauge on discharge side.
7.3. Shop Drawings: Detail equipment assemblies indicating dimensions, weights, loads, required
clearances, method of field assembly, components, and location and size of each field connection.
Contractor Services Agreement — Exhibit A Page 15 of 24
7.4. Wiring Diagrams: Detail power and control wiring and differentiate between manufacturer-
installed and field-installed wiring.
7.5. Water Analysis: Submit a copy of the water analysis to illustrate water quality available at Project
site.
7.6. Field Test Reports: Indicate and interpret test results for compliance with performance
requirements. Provide one complete report per month.
7.7. Maintenance Data: For pumps, filters, system controls, and accessories to include in maintenance
manuals specified in Division.
7.8. Outline the fulllist of HVAC equipment and water volume estimates to show that the contractor
has surveyed the site and understands the scope of work.
7.9. Outline specifically how the facility operators will be able to assess the performance of the water
treatment system on a regular basis with clearly understood metrics.
7.10. Include a sample of the field service reports and explanation of how the owner will use the reports
to measure effectiveness and performance.
7.11. Include a diagram of each water treatment system type illustrating hardware included and an
explanation of control points and sequence of operation.
8. QUALITY ASSURANCE
8.L Installer Qualifications: An experienced installer who is an authorized representative of the
chemical treatment manufacturer for both installation and maintenance of chemical treatment
equipment is required for this agreement.
8.2. Electrical Components, Devices, and Accessories: Contractor shall list and label as deiined in
NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and
marked for intended use.
9. MAINTENANCE
9.1. Contractor shall provide chemicals and service program for maintaining optimum conditions in
the circulating water for inhibiting corrosion, scale, and organic growths in the cooling, chilled-
water piping; heating, hot-water piping; steam piping, and condenser water piping and
equipment. Services shall include:
9.1.1.Initial water analysis and recommendations.
9.1.2.Startup assistance.
9.1.3.Periodic field service and consultation (Once a month minimum).
9.1.4.Customer report charts and log sheets.
9.1.S.Laboratory technical assistance.
91.6.Analyses and reports of all chemical items concerning safety and compliance with
government regulations.
9.2. Contractor shall provide EPA registered biocide tablets for the prevention of biological growth
in air handler condensate drain pans. Provide a sufficient quantity for all air handlers and fan coil
units with cooling coils shown in the contract documents. Biocide tablets shall be replaced on a
monthly basis by service personnel changing the air filters.
10. CONTRACTOR QUALIFICATIONS
101.Contractor must have laboratory facilities for complete analysis. Laboratory services which shall
be available and shall provide:
Contractor Services Agreement — Exhibit A Page 16 of 24
10.1.L Computer — A field computer must be available for energy analysis of condenser, tower and
boiler operation to assure the City of Fort Worth is operating at peak efficiencies.
10.1.2. Corrosion coupons to monitor corrosion rates in treated systems.
10.1.3. Deposit analyses — This will aid in determining the reasons for any deposits and indicate
how to prevent them.
10.1.4.Fiber optics — This will allow photographic examination of air conditioner and oiler
internals.
10.1.5. Microbiological analyses — Slime deposits are most often not visible but will reduce system
efficiencies.
10.1.6. Metallurgical analyses.
10.1.7. Water analyses for mineral, organic compounds, pH, biological oxygen demand, suspended
solids and all other necessary for product or problem identification.
10.2.The Contractor shall provide all laboratory seroices. Any subcontracted work is specifically
disallowed without prior written approval by the Public Events, Water or Property Management
Department.
10.3.The Contractor shall appoint two members of the company, plus one authorized alternate, to
represent the company in dealings with the City. They shall be full-time employees of the
Contractor. The representatives shall be familiar with all aspects of water treating. Only these
individuals will represent the Contractor regarding services for this contract unless otherwise
specifically authorized by the City of Fort Worth.
10.4.The representatives must be available for calls on specific problems should they occur. The
representatives shall be available to the City on 24-hour notice and under emergency
circumstances, shall be at any location within four (4) hours of being notified.
10.5.Contractor's representatives must have facilities for analysis of water in field, if necessary.
10.6.Contractor must be licensed by TCEQ with a Water Operating License (A-D)
11. MANUFACTURERS/SUPPLIERS
11.1. Contractor shall provide products by one of the following or approved equal HVAC Water
Treatment Products. The City, at its sole discretion, may approve alternative equipment that it
deems as suitable. The below companies are approved manufacturers/suppliers:
11.1.1. Garratt-Callahan Company;
11.1.2. Aqua-Chem, Inc.; Cleaver-Brooks Division,
11.1.3. Nalco Chemical Company; and
11.1.4. Trane Boland Services
12. CHEMICAL FEEDING EQUIPMENT
12.1.Contractars shall be knowledgeable in all systems and services required to maintain the following
equipment:
12.2.Bypass filter/feeders: Cast iron or steel, for introducing chemicals into the closed loops; with
quick release cap, drain valve on bottom, and recirculating shutoff brass ba11 valves on sides.
12.21. Capacity: 7.5 ga1 with stainless steel basket.
12.2.2. Warking Pressure: 300 psig.
12.2.3. 5 micron filter bags (Provide 12 extra).
12.2.4. F1ow gauges — to show when to change the bags, minimum 10 gpm.
12.3. Provide three (3) Positive-Displacement Diaphragm Pumps: Simplex, self-priming, rated for
intended chemical with 25 percent safety factor for design pressure and temperature. Pumps shall
be equal to LMI-A series or Pulsa feeder.
Contractor Services Agreement — Exhibit A Page 17 of 24
12.3.1. Adjustable flow rate.
12.3.2. Thermoplastic construction.
12.3.3. Fully enclosed, continuous-duty, 120-V, 60-Hz, single-phase motor
12.3.4. Built-in relief valve
12.4. Double Containment Chemical Solution Tanks: Chemical-resistant reservoirs fabricated from
high-density polyethylene with graduated markings or stainless steel.
12.4.1. Molded polyethylene cover with recess for mounting pump, and liquid- level switch or
stainless steel tanks with visual level indicator.
12.4.2. Capacity: 65 gaL Minimum.
12.4.3. Liquid-Level Switch: Polypropylene housing, integrally mounted PVC air trap, and low-
level alarm.
12.S.Packaged Chemical Feed Controller: Provide controller equal to Pulsa feeder MC9510 with the
following minimum features:
12.51. Single point calibration.
12.5.2. Thermal flow switch.
12.5.3. Conductivity sensor.
12.5.4. Four (4) 28 day timers. (Two for biocide feed).
12.5.5. Level sensors far three (3) chemicals.
12.5.6. Modem and software for remote monitoring.
12.5.7. Alarm light.
12.5.8. A 316 SS filter with a minimum of four 50 micron cartridges on inlet side with a 1-10 gpm
flow gauge on the discharge side.
12.6. The controller:
12.6.1.Three chemical feed pumps and three injection tees shall be mounted on a high-density
polyethylene or stainless steel panel.
12.6.2. The controller sha11 be plug-in type (not hardwired) far easy removal.
12.7. Cold-Water Meter:
12.7.1. Positive-displacement type with sealed, tamperproof magnetic drive; impulse
contact register; single-pole, double-throw, dry-contact switch for condenser water make-
up and condenser water blow down.
12.7.2. Meters to be installed where they are easily readable from the floor.
12.7.3. Brass Solenoid Blow down Valves: Forged-brass body, full port, one inch,
normally closed spring return, and general-purpose solenoid enclosure with 120V,
continuous- duty coil;
12.7.3.1. To be installed where you can see the water flowing for visual checks.
12.7.4. Chemical Piping: Schedule 80, PVC with solvent-cement joints.
12.7.5. Brass Ball Valves on all cut offs instead of PVC or gate valves.
12.7.6. Plastic-Body Strainer: Rigid PVC or CPVC with cleanable stainless-steel strainer element.
13. CHEMICAL TREATMENT TEST EQUIPMENT
131.Contractor shall be able to perform the following test types for all current and new units installed.
13.2.Test Kit: Manufacturer recommended equipment and chemicals, in a carrying case, for testing pH,
ORP and total dissolved solids (Myron L 6P), monthly bio-count (aerobic and anaerobic),
chloride, closed loop system inhibitor, total alkalinity, total and calcium hardness field tests.
Provide photometer (no color wheel) for the condenser water (open loop system) inhibitor test and
the copper (azole) inhibitor. There shall be at least 1ppm azole inhibitor in the condenser water at
all times. This shall be tested and reported at least once per month by the Contractor.
Contractor Services Agreement — Exhibit A Page 18 of 24
13.3.Corrosion Test Coupon Assembly: Constructed of schedule 80 PVC for condenser water and
chilled water. Schedule 80 CPVC for hot water closed loop. Each coupon rack must have a Sgpm
flow regulator, complete with piping, brass ball cut off valves, mild steel, copper and 304 stainless
for the condenser water. Locate copper coupon downstream from mild steel coupon in the test
coupon assembly. All coupons shall be non-polished, non-passivated standard coupons.
13.4. Two station rack for closed-loop systems.
13.5. Four station rack for open condenser water systems.
14. CHEMICALS
14.1. Contractor shall furnish chemicals recommended by water-treatment system manufacturer that are
compatible with piping system components and connected equipment.
14.2.Contractor shall provide, System Cleaner: Liquid alkaline compound with emulsifying agents and
detergents to remove grease and petroleum products.
14.3.Contractor shall provide, biocide: Chlorine release agents (oxidizing biocides) and nonoxidizing
biocides.
14.4.Contractor shall provide, Closed-Loop, Water Piping Chemicals, including; Scale inhibiting
agents to reduce deposits and adjust pH (alkalinity), corrosion inhibitors for mild steel and copper
(chiller condenser bundle tubes and coils).
14.S.Contractor shall provide, Open-Loop, Condenser Water Piping Chemicals, including; scale
inhibiting agents, corrosion inhibitor for mild steel and copper and biocides to control bacterial
growth including Legionella bacteria.
14.6. Contractor shall provide all testing equipment and reagents for building's operators.
15. CONDENSER WATER FILTRATION UNIT
15.1.Description: Contractor shall provide centrifugal separator type basin filtration unit with basin
sweeper jets for both basins. Refer to mechanical plans for specification.
15.2.Backwash Control: Automatic, with time clocks and differential pressure switches; mounted in
NEMA 250, Type 4 control panel; factory wired for single, external electrical connection.
16. WATER ANALYSIS
16.1. Contractor shall perform an analysis of supply water to determine the type and quantities of
chemical treatment needed to maintain the water quality as specified in "Performance
Requirements" Article.
17. INSTALLATION
171.Contractor shall install treatment equipment level and plumbing.
17.2.Contractor shall add cleaning chemicals and recirculate to flush all piping for 48 hours as
recommended by manufacturer. Water Treatment Company shall be present to perform water
analysis and provide a written report upon completion of pipe flushing.
18. CONNECTIONS
181.Contractor shall follow piping installation requirements as specified in Division 15 Sections.
Drawings indicate general arrangement of piping, fittings, and specialties. Division 15 Sections
Contractor Services Agreement — Exhibit A Page 19 of 24
can be found here:
https://www.texastech. edu/fpc/FP&C%20 Standards%20Division%2015 %20%20Mechanical.pdf
18.2.Contractor shall install piping adjacent to equipment to allow service and maintenance.
18.3.Contractor shall confirm applicable electrical requirements in Division 16 Sections for connecting
electrical equipment.
18.4.Ground equipment
18.S.Contractor shall tighten electrical connectors and terminals according to manufacturer's
published torque-tightening values. If manufacturer's torque values are not indicated, use those
specified in UL 486A and UL 486B.
19. FIELD QUALITY CONTROL
19.1.Contractor shall engage a factory-authorized service representative to perform startup service.
19.2.Contractor shall, inspect field-assembled components and equipment installation, including piping
and electrical connections. Report results in writing.
19.3. Contractor shall inspect piping and equipment to determine that systems and equipment have been
cleaned, flushed, and filled with water, and are fully operational before introducing chemicals for
water-treatment system.
19.4.Contractor shall place HVAC water-treatment system into operation and calibrate controls during
the preliminary phase of HVAC systems' startup procedures. The water treatment company shall
provide a written report providing certification of water analysis.
19.S.Test chemical feedpiping as follows:
19.5.1. Contractor shall test for leaks and defects. If testing is performed in segments, submit
separate report for each test, complete with diagram of portion of piping tested.
19.5.2. Contractor shall leave uncovered and unconcealed new, altered, extended, and replaced
water piping until it has been tested and approved. Expose work that has been covered or
concealed before it has been tested and approved.
19.6.Contractor shall cap and subject piping to static water pressure of 50 psig above operating
pressure, without exceeding pressure rating of piping system materials. Isolate test source and
allow test pressure to stand for four hours. Leaks and loss in test pressure constitute defects.
19.7.Contractor shall repair leaks and defects with new materials and retest piping until satisfactory
results are obtained.
19.8.Contractor shall not enclose, cover or put piping into operation until it is tested and satisfactory
test results are achieved.
19.9.Contractor shall prepare monthly test reports, including required corrective action.
1910. Occupancy Adjustments: For 12 months from Substantial Completion, Contractor shall
perform a minimum of 12 separate water analyses (monthly) to prove that automatic chemical
feed systems are maintaining water quality within performance requirements specified in this
Section. Submit written reports of water analysis.
20. DEMONSTRATION
20.1.Contractor shall engage a factory-authorized service representative to train City's maintenance
personnel to adjust, operate, and maintain HVAC water-treatment systems and equipment.
20.2.Contractor shall train City's maintenance personnel on procedures and schedules for starting and
stopping, troubleshooting, servicing, and maintaining equipment and schedules. All training shall
be included at no additional cost to the City.
20.3.Contractor shall review manufacturer's safety data sheets for handling of chemicals.
Contractor Services Agreement — Exhibit A Page 20 of 24
20.4.Contractor shall review data in maintenance manuals, especially data on recommended parts
inventory and supply sources and on availability of parts and service.
20.S.Contractor shall schedule at least four hours of training with City with at least seven days' advance
notice.
21. SCHEDULE OF EVENTS FOR INSTALLATION AND REPLACEMENT OF NEW UNITS
21.1.FIRST WEEK — Inspect each plant to determine that the treatment is adequate to fully protect
each system, or to specify necessary changes to achieve adequate protection. Determine stock of
chemicals needed at each plant.
21.2.FIRST MONTH — Provide water treatment control manuals for each cooling and boiler water
system. Brief personnel on the use of this manual. Provide plant data sheets for identifying service
parameters and initial startup conditions. Startup of chemical treatment programs. Start in-plant
training seminars to cover testing, control limits, and the purpose of the program.
21.3.SECOND MONTH — Install corrosion loop bypass rack for corrosion rate analyses.
21.4.SECOND TO SIXTH MONTH — Inspect off-line equipment if necessary. Composite water
studies on specific plants identifying quality and quantity. Perform microbiological studies of the
cooling tower systems. Evaluate program with respect to control parameters and system
operations. Review and analyze the City's testing techniques.
21.S.SIXTH TO TWELFTH MONTH — On a monthly basis, continue microbiological studies,
continue corrosion rate studies, complete sample of a11 systems for detailed laboratory analysis.
Inspection of off-line equipment. Testing of quality of City reagents and testing of equipment.
Inspection of all chemical feed equipment and control apparatus. Engineering recommendations
on mechanical improvements in existing systems. A detailed tower inspection to determine level
of deterioration of tower fill.
22. MINIMUM CERTIFICATIONS
22.1. Contractor must be licensed by TCEQ with a Water Operating License (A-D).
23. ADDITIONAL SPECIFICATIONS
23.1. All services for facilities will need a Purchase Order number that includes the building location
and description of the service to be performed. This information shall be reflected on the invoice
23.2. The City Designees will place verbal or written purchase orders directly to the Contractar for
service; Note: No Work Order is to be accepted by Contractor without receiving location and
Purchase Order number. All Work Orders must be placed by a City Designee. The City Designees
are as follows:
23.21. Water Department: Maenica Berry
23.2.2. Public Events Department: Cynthia Serrano
23.2.3. Property Management Department: Denise Garcia and Andrea Trejo
From time to time, the City may remove or add City Designees with written notice to Contractor.
23.3. The quantities indicated are only estimates based on previous usage and do not indicate intent to
purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only
those materials and services actually ordered by an authorized City Designee and then received
as required and accepted by the City.
Contractor Services Agreement — Exhibit A Page 21 of 24
EXHIBIT B
PRICE SCHEDULE
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Uescription_ C,ity Unit UrriiFrice Total
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description_ Qhr Unit UniiPrice Total
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description_ Qtr Unit UniiPrice Total
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description_ Qtv Unit UniiPrice Total
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d�scriation_ Qhr Unit UnilPrice Total
Ta�l oost i-arc Pdtachmen: J�:�raperty 1.�C En
hlanagemen: Lccationsl S2G,200.OD S2G,240_04
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Contractor Services Agreement — Exhibit B Page 22 of 24
INATER TREATMENT SERVICE BUILDINGS F�R PRaPERTY MANAGEMENT
AQDRE55 SYSTEMS �TY MdNTHLY TOTAL COST
C�ST QTY x Monthly Cast
LOCATIaN = Total Ctist
Animal Control d400 Martin St. Closed Loop[sj 12 Months $108.33 $'1,300
Central Li6rary 500 W 3rd St Cooling Tower, Closed Loop(s) 12 Months $250.00 $3,000
East Berry Li6rary d300 E. Berry Street Closed Loop[sj 12 Months $54.17 $650
Guinn Business Assistance Center 1150 South Free�vay Closed Loop(sy 12 Months $SA.14 $650
IC�CAS Poliee 3400 Barnett St. Cooling Tower, Closed Loop�sJ 12 Months $200.00 $2,400
Meadoav6rookf E Skills Job Center Library 2800 Stark Street Closed Loop(s] 12 Months $54.17 $650
Munieipal ComplexAnnex Building 908 Monroe St. Closed Loop�sj 12 Months $108.33 $'1,300
Municipal Complex City Hall 200 Texas Street Cooling Tower, Closed Loop(sj 12 Months $�00.04 $4,800
Municipal ComplexGordon Swift Building 300 Manrae St. Closed Loop�sj 12 Months $108.33 $1,300
Munieipal Complex Public Safety Building 1d00 Throckmorton St. Steam Boilers, Softner 12 Months $254.d4 $3,d40
Munieipal Complex�ipper Building 275 W. 13th St. Closed Loop{sj 12 Months $Sd.17 $650
Northside Li6rary 6d1 Park Street Closed Loop(sy 12 Months $SA.17 $650
PMd Fleet Services Southside Shop 4100 Colurnbus Trail Closed Loop{sj 12 Months $Sd.17 $650
Ridglea Li6rary 3628 Bernie Anderson Closed Loop[sj 12 Months $54.17 $650
Riverside Library 2413 Yuc�a Ave. Closed Loop(s] 12 Months $54.17 $650
Seminary Li6rary 501 E. Bolt Street Closed Loop[sj 12 Months $108.33 $'1,300
Southwest Regional Library 4001 Library Ln. Closed Loop(s] 12 Months $108.33 $1,300
Tech Fort Worth 1120 South Freetvay Closed Loop[sj 12 Months $54.17 $650
Wedg+,�ood Li6rary 381fi Kim6erly Ln. Closed Loop(sy 12 Months $54.17 $650
TOTAL Cd5T5 FOR ALL LOCATION5: $26,240
* TdTAL C.QST F�]R A�� PR�PERTY MANAGENIENT LC}CATI�NS SHALL 8E ADDFD �O LINE 8 dN BID OFFER SHEET
ITB 21-0018 WATER TREATMENT SERIIICE574 �F 70
Contractor Services Agreement — Exhibit B Page 23 of 24
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Chem-Aqua, Inc.
2727 Chemsearch Blvd.
Irving, TX 75062
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.
Name: Doug Tidwell
Position: Senior Vice President
De i����
Signa re
Name: Troy Stearns
Position: Senior Vice President
/2d ��.�:cvu22
Sign re
Name: Mike Howdeshell
Position: President
��-�� `�'��
Signature
Name: Mike Howdeshell
�-�������'
Signature of President / CEO
Other Title: President
Date: 3/31 /2021
Contractor Services Agreement — Exhibit C Page 24 of 24