HomeMy WebLinkAboutContract 59745City Secretary Contract No. 59745
FORT WORTH.
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VENDOR SERVICES AGREEMENT
This VENDOR 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 Johnson Controls Inc.("Vendor"), a Texas
Corporation, acting by and through its duly authorized representative, each individually referred to as a
"party" and collectively referred to as the "parties."
1. Scoue of Services. Replacement of air conditioning units in the computer room of the
City's "Zipper Building" located at 275 W. 13 Street, Fort Worth, Texas 76102 ("Services"), which are set
forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes.
2. Term. This Agreement begins upon execution ("Effective Date") and expires on
September 30, 2023 ("Expiration Date"), unless terminated earlier in accordance with this Agreement
("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same
terms and conditions, for up to five (5) one-year renewal options (each a "Renewal Term").
3. Comuensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed Eight Hundred Four Thousand Dollars and 00/100
($804,000.00). Vendor will 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 will not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing.
4. Termination.
4.1. Written Notice. City or Vendor 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-annronriation 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 Vendor
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 Vendor for services actually rendered up to
the effective date of termination and Vendor 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, Vendor will provide City with copies of all
Vendor Services Agreement OFFICIAL RECORD Page 1 of 21
Johnson Controls Inc. CITY SECRETARY
FT. WORTH, TX
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine-readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, 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 maintained by 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 Vendor. It will be the responsibility of Vendor 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. Vendor 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. Vendor 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,
Vendor 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. Vendor 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 Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor 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 Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor 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, Vendor 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, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
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Johnson Controls Inc.
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor 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.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR 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 MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR 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 PROPERTY DAMAGE OR LOSS 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 VENDOR, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor 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 modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor 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 Vendor 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, Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor 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 Vendor's duty to indemnify City under this Agreement. If the software and/or
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, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
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Johnson Controls Inc.
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
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
8.4 ANY LIABILITY OF VENDOR THAT ARISES PURSUANT TO THIS
AGREEMENT, WHETHER UNDER NEGLIGENCE, STRICT LIABILITY, TORT, OR
OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED AN AMOUNT EQUAL
TO THE TOTAL AGREEMENT PRICE OF EIGHT HUNDRED FOUR THOUSAND
DOLLARSAND 00/100 ($804,000.00). THE PARTIESACKNOWLEDGEAND AGREE THAT
THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK AND THAT
THE TERMS OF THISAGREEMENT WOULD BE SUBSTANTIALLYDIFFERENT IN THE
ABSENCE OF SUCH LIMITATION.
Assignment and Subcontracting.
9.1 Assignment. Vendor 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 Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor 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 Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor 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:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
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Coverage will be on any vehicle used by Vendor, 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
$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): ❑ Applicable ❑ N/A
$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.
10.2 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
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.
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(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances. Rules and Regulations. Vendor 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
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR 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 confirmation 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
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Johnson Controls Inc.
Chase Angell, Branch Installation Manager
800 Railhead Road, Suite 304
Fort Worth, TX 76106
14. Solicitation of Emplovees. Neither City nor Vendor 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.
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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 Vendor 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
Vendor'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 or 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 Vendor 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, or 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 Party 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. Headings not Controlling. 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 define 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.
22. Amendments / Modifications / Extensions. No amendment, modification, 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.
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24. Warranty of Services. Vendor 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 Vendor's
option, Vendor 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 Vendor for the nonconforming
services.
25. Immigration Nationalitv Act. Vendor 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, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor 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 Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Reserved.
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 Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Companv Name or Ownership. Vendor must notify 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 Vendor 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 Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor 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, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Bovcotting Energv Companies. Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full -
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Johnson Controls Inc.
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. 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.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, 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.
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Johnson Controls Inc.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
nSata' Rupt4gy
By: Dana Burghdoff (Jnl 10, 20A 15:17 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: J u l 10, 2023
APPROVAL RECOMMENDED:
By:
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Name:
Steve Cooke
Title:
Property Management Director
ATTEST:
By:
Name: Jannette S. Goodall
Title: City Secretary
VENDOR:
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JOHNSON CONTROLS INC.
By:
Name: Charles Lee
Title: Market General Manager, DFW
Date: 6-28-2023
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.
Denife Ganda
By: Denise Garcia (Jul 5, 202317:06 CDT)
Name: Denise Garcia
Title: Purchasing Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Matthew A. Murray
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: M&C 23-0379 (May 9, 2023)
Form 1295: 2023-989762
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Johnson Controls Inc.
City Secretary Contract No.
EXHIBIT A
SCOPE OF SERVICES
1. SCOPE
1.1. This Agreement will be used to replace the Computer Room Air Conditioner (CRAC) Units at the
City of Fort Worth (COFW) Zipper Building, Joint Emergency Operation Center (JEOC) Area in
accordance with the specifications outlined in this Scope of Services. Currently the COFW has
Six (6) CRAC 22 TON Units AND 1 - 5 TON UNIT that serve the EOC critical areas. The CRAC
units are reaching end of useful life based on The American Society of Heating, Refrigerating and
Air -Conditioning Engineers (ASHRAE) life cycle guidelines. The CRAC unit replacement will
address energy efficiency and removal of Hydrochlorofluorocarbons (HCFC): R-22 refrigerant
that was phased out in January of 2020.
1.2. Any services that have been omitted from this Scope of Service that are clearly necessary or in
conformance shall be considered a requirement although not directly specified or called for in the
Scope of Service.
1.3. All rates/fees shall be fixed for the Agreement's term. NO ADDITIONAL CHARGES WILL BE
ACCEPTED OR PAID BY THE CITY.
1.4. The services will be provided to increase energy efficiency with digital scroll compressors for
efficient part load performance, direct drive evaporator supply fans, and replace HCFC R-22
refrigerant with R-407C & R-410A HFC Refrigerant.
2. EQUIPMENT SUBMITTALS -VENDOR SHALL PROVIDE:
2.1. An assemble of three (3) sets equipment technical submittals. (the technical information on the
equipment- 3 sets of engineered drawings of equipment and specifications so COFW can have on
file)
2.2. Metasys Control Drawings and Sequence of Operation (SOO).
2.3. A schedule submittal review and coordinate with the City of Fort Worth for a meeting and
approval.
3. MANUFACTURING
3.1. Liebert CRAC Units should be ordered per departmental request.
4. PRE -CONSTRUCTION PROCESS
4.1. The vendor shall, coordinate and schedule site visit for Project Team and review all existing site
conditions.
4.2. The vendor shall, coordinate and schedule meeting with Project Team and The City of Fort Worth
for review.
4.3. The vendor shall, provide a detailed project schedule for the Project Team and the City of Fort
Worth for review and approval.
5. PROJECT MOBILIZATION
5.1. The Vendor shall, install protective floor coverings for staging and installation of Liebert CRAC
units; and
5.2. Coordinate staging area and rigging path for CRAC units.
6. CRAC UNIT REPLACEMENT AND INSTALLATION
Vendor Services Agreement Page 11 of 21
Johnson Controls Inc.
6.1. The vendor shall, recover refrigerant per EPA (Environmental Protection Agency) guidelines.
6.2. Lock out tag out (LOTO) electrical power wiring and dry -cooler piping to condenser.
6.3. Disconnect dry -cooler piping at CRAC unit.
6.4. Disconnect condensate and Dry Cooler Water (DCW) piping at CRAC unit.
6.5. Secure rigging path and remove CRAC unit from EOC building.
6.6. Rig and remove old CRAC unit and floor stand.
6.7. Remove side floor tiles and cut to fit new CRAC unit dimension (upon award, site visits will be
required to be scheduled to view these dimensions).
6.8. Modify raised floor tile frame for floor tiles.
6.9. Rig and set new CRAC unit floor stand.
6.10. Secure floor stand, check for level and square.
6.11. Stage new CRAC unit and rigging in Department specified area.
6.12. Rig and install new CRAC unit.
6.13. Stage CRAC unit on existing base and secure.
6.14. Check CRAC unit for level and square.
6.15. Modify dry -cooler piping at CRAC unit and connect to CRAC unit.
6.16. Modify DCW piping to CRAC unit humidifier.
6.17. Modify condensate drain piping at CRAC unit.
6.18. Inspect dry -cooler, condensate drain, and DCW piping for leaks.
6.19. Modify electrical power wiring and conduit for Liebert CRAC unit and condenser.
6.20. Insulate and jacket dry -cooler piping.
6.21. Insulate and jacket condensate drain piping.
6.22. Insulate and jacket condensate drain piping.
6.23. Demobilize tools and materials from job site.
6.24. Clean up work area and remove all debris and installation materials.
7. METASYS CONTROLS & COMMUNICATION (COMM)
7.1. The Vendor shall: Provide engineer control drawings and Sequence of Operation (SOO) for the
Metasys Controls and COMM upon installation.
7.2. Install new BACnet Communication (BACnet COMM) from dry cooler Network Control Engine
(NCE) to CRAC Units for Integration.
7.3. Replace old Metasys CRAC Unit controllers and the Input/ Output/ Module (IOM) control board
modules.
7.4. Install new general-purpose application controller (CGM) BACnet controllers with XP modules.
This is an integral real-time clock, which enables the controllers to monitor and control schedules,
calendars, and trends, and operate for extended periods of time as stand-alone controllers when
offline from the Metasys system network. This will need to include pluggable screw terminal
blocks.
Vendor Services Agreement Page 12 of 21
Johnson Controls Inc.
7.5. Modify control wiring for status and alarm. All units need to have on/off status and alarm status
wired in to display on the existing JCI Metasys.
7.6. Install underfloor temperature sensors.
7.7. Load new programming per SOO.
7.8. Simulate and test SOO.
7.9. Download Liebert points into Metasys.
7.10. Commission Metasys controls and system operation.
7.11. Modify and update graphics Data Rooms & CRAC Units.
8. EQUIPMENT START UP AND COMMISSIONING
8.1. The Vendor shall: Perform preliminary start up inspection per Liebert requirements.
8.2. Check unit phase rotation and correct as needed.
8.3. Start-up unit and test operation per Liebert requirements.
8.4. Start Up unit and provide Liebert Log reports.
8.5. Integrate Liebert RAC Units to Metasys.
8.6. Modify and update Metasys User Interface (UI) graphics.
8.7. Commission control and integration.
9. PROJECT COMPLETION AND DOCUMENTATION
9.1. The vendor shall: Turnover Equipment Operation and Maintenance manuals.
9.2. Provide four (4) hours operator training for the City of Fort Worth once everything is completed
and on line.
9.3. Perform final walk through inspection with the Department and project team.
9.4. Identify any punch list items and correct items.
9.5. Sign off on Final project documents by the Department and project team.
10. PROJECT INCLUSIONS
10.1. The (6) Liebert CRAC Unit Model: DS Series will include:
10.2. Model DS077WUAIEI9ER0, 460 Volts, 60Hz, 3 Phase, 65,000 amps rms Short Circuit Current
Rating, Liebert DS Precision Cooling Systems: Nominal 077 kW (22-Ton) Water/Glycol Cooled
Downflow System with cleanable ParadenserTM heat exchanger, with a net sensible cooling
capacity of 203,000 BTU/hr with return air conditions. of 75°F, 45% RH, and a flow rate of 72
GPM of 1 10°F entering 30% water/glycol mixture.
10.3. Two (2) independent semi -hermetic compressors with 4-step unloaders for increased part- load
efficiency and reduced compressor cycling
10.4. Dual refrigeration circuits with hot gas mufflers, liquid line filter dryers, refrigerant sight glasses,
expansion valves, and liquid line solenoid valves
10.5. Variable Speed EC Motor with Fans Operating Inside the Unit
10.6. Infrared Humidifier with automatic flush cycle. Capacity of 22 lbs./hr.
10.7. 3-stage, Finned tubular, 304/304 stainless steel electric reheat with a capacity of 25 KW
Vendor Services Agreement Page 13 of 21
Johnson Controls Inc.
10.8. Glycol -cooled Paradensefrm with 2-way, 150 psi water regulating valve with bypass gate valve
10.9. Access from the front side of the unit for service.
10.10. Supply air exits from the bottom of the unit
10.11. Return air enters the top of the unit
10.12. Exterior panels insulated & powder coated
10.13. Liebert Input, Control, Output, & Mechanism (iCOM) Control with High Definition Display
to ensure the highest capabilities in unit control, communication and monitoring of. This needs
to include the Liebert mission -critical cooling units.
10.14. iCOM based communication
10.15. Base Comms & Connectivity includes one Ethernet pmi and one RS-485 port on iCOM
controller, dedicated to supporting BACnet IP, Modbus TCP/IP, BACnet 485,
10.16. Modbus 485 and SNMP vl/v2c/v3
10.17. Locking Disconnect switch
10.18. Smoke Sensor with unit alarm and shutdown. Includes supervision contacts
10.19. Reheat and humidifier lockout, two (2) extra N/O common alarm contacts, two (2) extra N/O
common alarm contacts, unit alarm and shutdown on Liquitect signal
10.20. 4" filters, MERV 8 rating
10.21. A -frame Evaporator coil with stainless steel drain pan
10.22. 14-gauge, welded frame, with Autophoretic coating. Frame can be field separated into three
sections for transport through small areas
10.23. LT460-K45 Water Detection Kit with a 45-foot water detection cable
10.24. 24" Floor stand with Vibration Isolation Feet
10.25. One (1) year parts warranty
10.26. One (1) year compressor parts warranty
10.27. One (1) year labor warranty
10.28. Factory start-up
11. PROJECT INCLUSIONS:
11.1. The Liebert CRAC Unit Model: PDX Series will include:
11.2. PDX CRAC Unit Capacity 5-Ton
11.3. Up flow with Front Air Return
11.4. Liebert iCOM Control with High Definition Display
11.5. iCOM based communication
11.6. Base Comms & Connectivity includes one Ethernet port and one RS-485 port on iCOM
controller, dedicated to supporting BACnet IP, Modbus TCP/IP, BACnet 485
11.7. Modbus 485 and SNMP vl/v2c/v3
11.8. Variable speed EC plug fans
Vendor Services Agreement Page 14 of 21
Johnson Controls Inc.
11.9. Digital scroll, variable capacity compressor utilizing R-410A
11.10. Crankcase Heater
11.11. Thermal Expansion Valve
11.12. Compressor Sound Jacket
11.13. Evaporator Type: tilted- slab, copper tubes - aluminum fins with hydrophilic coating
11.14. Glycol -Cooled unit with 2-way, 150 prig Motorized Ball Valve
11.15. Two -Stage 12kW Electric Reheat.
11.16. Infrared Humidifier
11.17. 65,000 Amp, rms Short Circuit Current Rating
11.18. Locking Disconnect Switch
11.19. Dual -float condensate pump factory -mounted internal to unit
11.20. Filter Rating: MERV 8 per ASHRAE 52.2-2007
11.21. The Duct Collar Plenum is constructed of steel panels with 1", 1 1/2 lb. insulation painted in
unit matching colors and has a 19-5/16" x 25-5/16" top duct collar for field attached ductwork
11.22. Supply Air Temperature Sensor
11.23. Smoke Sensor
11.24. Temperature/Humidity Sensors internal for return air sensing
11.25. One Remote Shut Down Contact
11.26. One Reheat/ Humidifier Lockout
11.27. Unit Color: RAL 7021 Black Gray Matte
11.28. One (1) year parts warranty
11.29. One (1) year compressor parts warranty
11.30. One (1) year labor warranty
11.31. Factory start-up
12. JCI MECHANICAL INSTALLATION
12.1. The vendor shall provide: Machinery Moving & Rigging
12.2. Dry Cooler Pipe & Fittings
12.3. Condensate Pipe & Fittings
12.4. DCW to Humidifier Pipe & Fittings
12.5. Pipe Strut and Hangers
12.6. 1.5" Fiber -Glass Insulation with Jacket
12.7. Factory Start Up
12.8. System Commissioning
12.9. Project Management
12.10. Straight Time Labor
Vendor Services Agreement Page 15 of 21
Johnson Controls Inc.
13. ELECTRICAL INSTALLATION
13.1. The vendor shall include: Demolition and Removal
13.2. Electrical Gear
13.3.
EMT Conduit
13.4.
Hangers and Supports
13.5.
Seal Tight Conduit
13.6.
Electrical Power Wiring
13.7.
Termination
13.8. Phase Rotation
14. UPON COMPLETION OF INSTALLATION
14.1. The vendor shall provide: Three (3) Sets of Equipment Submittals
14.2. Three (3) Sets Operation and Maintenance Manuals
14.3. Factory Start -Up Reports
14.4. Metasys Control Drawings & SOO
14.5. Department Operator Training
15. PROJECT EXCLUSIONS
15.1. The below are items that are unforeseen and would need to be taken care of if needed:
15.2. Dry Cooler Isolation Valve Replacement or Leaking
15.3. Existing System Conditions Unless Specified in this Proposal
15.4. Fire Alarm System
15.5. Fire Alarm Wiring
15.6. Temporary Utilities
15.7. Temporary Rest Rooms
15.8. Rental HVAC Equipment
16. DEPARTMENT CONTRACT MANAGERS
16.1. Department Contract Compliance Manager shall mean a City of Fort Worth employee
assigned to manage the compliance, oversight, or administration of this Agreement.
16.2. All services under this Agreement and all access to the City's "Zipper Building" shall be
coordinated through and approved by a Department Contract Compliance Manager.
16.3. The following individuals are designated by the City as Department Contract Compliance
Managers under this Agreement:
Vendor Services Agreement Page 16 of 21
Johnson Controls Inc.
Department Department Contract
Title
Department Contract Manager
Department Contract
Manager Name
Email
Manager
Phone
PMD Jerry Reames
Sr. Skilled Trades
817-392-7860
Technician
Jerry.Reames@fortworthtexas.gov
PMD Mike Pease
Asst Facilities
Michael.Pease@fortworthtexas.gov
817-392-6695
Superintendent
17. VENDOR LABOR AND PERSONNEL
17.1. Vendor shall be responsible for ensuring the safety of their employees, City employees,
and the general public during performance of all services under this Agreement.
17.2 Vendor shall ensure that all crews are fully and properly equipped to perform services
promptly and safely.
17.3 Vendor shall comply with all provisions of the OSHA to protect the life and health of
employees and other persons; to prevent damage to property, materials, supplies, and
equipment; and to avoid work interruptions.
17.4 Vendor shall comply with the latest version of the 29 CFR 1910, OSHA Standards.
Compliance with OSHA and other applicable laws and regulations for the protection of
employees is exclusively the obligation of Vendor, and the City assumes no liability or
responsibility for Vendor's compliance or noncompliance with such responsibilities.
17.5 Vendor shall comply with all OSHA reporting requirements for record keeping and reporting.
Vendor shall provide a verbal report of any accidents to the City immediately, and shall
provide a written report no later than one (1) business day of the occurrence. The Vendor shall
cooperate with the City and provide any written documentation and information required for
record keeping purposes.
17.6 Vendor shall ensure that all employees are continuously trained to meet the latest technology,
industry standards, and safe use of substances identified as health or physical hazards by
OSHA. The Vendor shall submit proof of employee training and experience within five (5)
business days upon request by the Department Contract Manager or designee.
17.7 Vendor shall not require any person to work in surroundings or under working conditions that
are unsanitary, hazardous, or dangerous to their health or safety.
17.8 Vendor shall require all individuals assigned to the project to wear necessary personal
protective equipment required by industry standards.
17.9 Vendor shall require the Vendor employees with a uniform, or at the minimum, a company
issued identification badge.
17.10 Vendor shall ensure that only authorized Vendor employees performing work under the
Agreement are on the worksite. No acquaintances, family members, or any other person shall
accompany a Vendor employee in the work area. Vendor shall ensure that all employees
maintain good discipline and professionalism while preforming services for the City.
17.11 Vendor understands and agrees that the scheduling of events at City facilities takes precedence
over any scheduled service requests agreed to by the Vendor and Department Contract
Manager or designee. The Vendor shall not hold the City liable, financially or otherwise, if
the City needs to reschedule services with the Vendor due to a new event scheduled at a City
facility. The Department Contract Manager or designee will make every reasonable effort to
Vendor Services Agreement Page 17 of 21
Johnson Controls Inc.
immediately notify the Vendor of changes in the City's schedule of events which may have
an impact on scheduled services.
17.11.1 Vendor shall perform services in a manner as not to interrupt or interfere with the
operation of any existing activity on the premises or with the work of another vendor.
Vendor shall provide all transportation required to perform the work. Vendor shall park its
vehicles in areas designated by the City, if available. In the event the City cannot make
parking arrangements for the Vendor, the Vendor shall be responsible for parking fees and
fines. All vehicles parked on City property shall be clearly marked with the Vendor's or
subcontractor's name on both sides of each vehicle. Magnetic signs are acceptable.
17.12 Vendor shall provide ample advance notice of the need for any utility service cut-off, which
will be scheduled at the convenience of the City.
17.13 Vendor shall provide all equipment, materials, furniture moving, labor, tools, permits,
incidentals, expendable items, personal protective equipment, and transportation, including
electricity and water, if not available on site, for proper execution and completion of the
service request. The materials and services provided by the Vendor shall comply with all
current Federal, State and local laws, City ordinances, rules and regulations.
17.14 Vendor understands and agrees that storage of apparatus, materials, supplies, and equipment
shall be in an orderly fashion at the worksite in a manner that will not interfere with the
progress of the Vendor's work of any other vendor's work.
17.15 Vendor shall clean up all refuse, rubbish, scrap materials, and debris caused by the Vendor's
operations on a daily basis. Work site shall present a neat, orderly, and workmanlike
appearance. No such refuse, rubbish, scrap material, or debris shall be left within the
completed work nor buried on the building site or any City premises, but shall be removed
from the site by Vendor.
17.16 Vendor shall complete all clean up prior to payment being made for the service request. This
shall include the removal of all surplus material, temporary structures, and debris of every
nature resulting from the Vendor's operations, to return the worksite in a neat, orderly
condition. Vendor shall thoroughly clean and leave the worksite reasonably dust free. Vendor
shall clean all finished surfaces including all equipment, piping, etc., on the interior of any
buildings affected by the service. If Vendor fails to clean up at the completion of the work,
the City may clean the property and deduct the cost from any payments owed to Vendor or
bill the Vendor to recover costs if no payments are owed.
17.17 Vendor shall note and report any damage found prior to any work at a job site to the
Department Contract Manager or designee.
17.18 Vendor understands and agrees that all work is subject to inspection and acceptance by the
Department Contract Manager or designee.
17.19 Vendor shall not perform outside what was requested for a specific service request without
first having written approval from the Department Contract Manager or designee.
17.20 Vendor shall perform work under this contract in a manner that will not adversely affect the
integrity of any building's structural, mechanical, electrical, fire protection, and life safety
systems or any other building features that will overload or render useless any portion of the
facility.
17.21 Vendor shall ensure the proper preparation of surfaces to be worked on including, protection
of all non -movable items or equipment, and the proper application of all materials.
17.22 Vendor shall store, handle, and install all materials as per manufacturer's specifications.
Vendor Services Agreement Page 18 of 21
Johnson Controls Inc.
17.23 Vendor shall inform the Department Contract Manager or designee whenever work is
expected to be hazardous to the City employees, City property, the general public, or to City
operations.
17.24 Vendor shall notify the Department Contract Manager or designee when work is to begin at
the worksite and post warning signs and/or barriers when necessary. The Vendor and Vendor's
employees shall exercise a particularly high level of discipline, safety and cooperation at all
times while on the worksite.
17.25 Vendor shall coordinate the timing and transportation of equipment or materials to the work
area with the Department Contract Manager or designee.
17.26 Vendor understands and agrees that if transportation through the interior of a facility is
required, the Vendor shall take every precaution to ensure public safety. Under no
circumstances shall the Vendor transport equipment or materials through the interior of a
facility without prior written approval and coordination with the Department Contract
Manager or designee.
17.27 Vendor shall notify City of any and all damage to Vendor's or City equipment or property as
a direct result of Vendor's equipment, employees, or Vendor's subcontractor's actions.
17.28 If damage occurs to the City's equipment or property, Vendor shall notify the Department
Contract Manager or designee immediately in writing. Surfaces, fixtures, or furnishings
damaged by the Vendor's employees shall be replaced or repaired to the satisfaction of the
City by the Vendor, and at no cost to the City. The City may, however, at its sole discretion,
elect to make repairs or replacements of damaged property and deduct the cost from any
payments owed to Vendor or to recover costs if no payments are owed. Vendor agrees that the
set-up area shall be protected to prevent damage to the site grounds. This protection may be,
but is not limited to, laying out tarps or other protective materials. The Vendor shall be
responsible for any damage to surrounding building walls, landscaping, parking lots, and
sidewalks.
17.29 Vendor shall adhere to Safety Data Sheet (SDS) guidelines on any applicable items and be
able to install accordingly.
7.30 Background Investigations — Due to working in facilities subject to federal Criminal Justice
Information System requirements, contract workers shall be fingerprinted and shall be able to
pass a criminal background check and drug screen. This must be done at:
17.30.1 Vendor's expense and verification of a clear background must be given to the
Department Contract Manager or designee before the Vendor's employees are
allowed to work in a building which falls under this requirement.
17.30.2 Under no circumstances shall any Vendor personnel having any convictions or
pending criminal hearings be assigned to the City agreement.
17.31 Single Point of Contact (SPOC)
17.31.1 Vendor shall provide a SPOC, who is able to communicate with the
Department Contract Manager or designee and is skilled, knowledgeable, and
experienced in providing the types of services listed in this Scope of Work. The
SPOC shall be available and on -call twenty-four (24) hours a day, while the
Vendor is performing services on City property.
17.31.2 The SPOC shall inspect, monitor, and supervise the Vendor's employees;
ensuring adherence to the work schedule, safety requirements, and quality of work.
Vendor Services Agreement Page 19 of 21
Johnson Controls Inc.
17.31.3 During times the SPOC is unavailable (due to vacation, travel, etc., for
example), the Vendor shall provide a designee for the SPOC. The designee shall
meet the same requirements as specified for the SPOC within this Agreement.
17.32 Onsite Supervisor
7.32.1 Vendor shall have a qualified working supervisor at the worksite at all times while
services are being performed.
17.32.2 The working supervisor shall perform service requests tasks, have the authority to
act on behalf of the Vendor, and be responsible for the conduct and performance of the
Vendor's employees.
17.32.3 The supervisor may also serve as the Vendor's SPOC.
17.33.4 The supervisor shall report to the Department Contract Manager or designee daily
when work is being performed on this contract, or on at a time that is mutually agreed between
the Vendor and Department Contract Manager or designee.
17.33 Job Site Conditions
17.33.1 Vendor shall clean job sites on a daily basis and keep work areas in an uncluttered
condition. Upon completion and prior to final inspection of a project, the Vendor shall be
responsible for the removal of all debris and unused material from City premises, at the
Vendor's expense. The Vendor shall leave work areas in a condition similar to or better than
the condition of the area before any work was performed.
17.33.2 At job completion, Vendor shall remove any drips of adhesives, paint, oil, or any other
materials from all walls, floors, and other finished surfaces that were not present before work
commenced. Failure to do so when asked by the City will result in the work being done by the
City and charged to the Vendor.
17.33.3 Vendor agrees that work performed is subject to inspection and approval by the
Department Contract Manager or designee upon completion of a project. Payment will not be
made for any service until all clean-up requirements have been met and the Department
Contract Manager or designee has approved acceptance of services, both to the standards
discussed during the job inspection or quote and as specified in this Agreement.
Vendor Services Agreement Page 20 of 21
Johnson Controls Inc.
City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
IMMSUMMARY
EQUIPMENT DESCRIPTION PRICING
Six (6) Stulz 22-Ton CRAC Units, One (1) Stulz 5- Ton
Stulz CRAC Units CRAC unit Electrical, Machinery Moving, Rigging, Pipe $803,477.00
Insulation, Turnkey Installation, Metasys Controls,
Metasys Integration, BACnet Integration
TOTAL PRICE CRAC UNITS $803,477.00
PROJECT PAYENT SCHEDULE
Item
Description of
Scheduled
No.
Work
Value
Contract Amount Includes Tax
$803,477.00
1
Pay App # 1-Invoice June 2023 Mobilization & Equipment Release
$200,869.00
2
Pay App # 2-Invoice April 2024 CRAC Unit Equipment Delivery
$281,128.00
3
Pay App # 3-Invoice May 2024 Equipment Installation
$241,043.00
4
Pay App # 4-Invoice July 2024 Project Closeout & Retention
$80,437.00
18
Sub -total
$803,477.00
20
I Taxes 8.25%
I $0.00
21
Totals
I $803,477.00
Vendor Services Agreement Page 21 of 21
Johnson Controls Inc.
7/11/23, 8:43 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FoRTWORyn
REFERENCE **M&C 23- 13PP23-0030 COMPUTER
DATE: 5/9/2023 NO.: 0379 LOG NAME: ROOM AIR CONDTIONING EC
PMD
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 9 / Future CD 9) Authorize Execution of an Agreement with Johnson Controls Inc. for
Replacing Computer Room Air Conditioning Units in an Amount up to $804,000.00 for the
Property Management Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with Johnson Controls,
Inc. for replacing computer room air conditioning units in an amount up to $804,000.00 for the
Property Management Department.
DISCUSSION:
The Property Management Department (PMD) approached the Purchasing Division to finalize an
agreement for replacing seven (7) computer room air conditioning units in the Zipper building. In order
to procure the units, staff issued a Request for Proposal (RFP) No. 23-0030. The RFP consisted of
detailed specifications describing the required responsibilities and requirements to provide the air
conditioning units and installation. The RFP was advertised in the Fort Worth Star -Telegram for four
(4) consecutive weeks: Wednesday February 8, 2023, Wednesday February 15, 2023, Wednesday
February 22, 2023 and Wednesday March 1, 2023.
The City received four (4) responses. One bid was deemed non -responsive for failing to meet the
10\% MWBE goal or to submit Good Faith Effort form. An evaluation panel, comprised of members of
the PMD and the Economic Development Department, reviewed and scored the submittals using the
Best Value criteria.
The individual scores were averaged for each of the criteria and the final scores are listed in the table
below.
Proposer
Johnson Controls Inc
Facility Response Group
CEC Facilities Group
Best Value Criteria:
Evaluation Factors
b c d Total Rank
12.00 16.67 11.33 33 72.94
10.67 12.50 10.67 35 68.33
11.33 13.33 10.67 31 65.91
a) Contractor's Qualifications and Experience
b) Methodology and Approach to Performing Services
c) Ability to Provide BACnet Controls Compatible with Current System
d) Cost of Services
2
3
After evaluation, the panel concluded that Johnson Controls, Inc. presents the best value for the
City. Therefore, the panel recommends that City Council authorize an agreement with Johnson
Controls, Inc. Staff certifies that the recommended vendor's bid met specifications.
FUNDING: The maximum amount allowed under this agreement will be $804,000.00 however the
actual amount used will be based on the need of the department and available budget. Funding
apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31006&cou nciIdate=5/9/2023 1 /2
7/11/23, 8:43 AM
M&C Review
is budgeted in the Property Management Department's rollup within the General Fund.
DVIN-BE: Johnson Controls, Inc. is in compliance with the City's Business Equity Ordinance by
committing to 10\% MWBE participation on this project. The City's MWBE goal on this project is 10\%.
ADMINISTRATIVE CHANGE ORDER: 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.
AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and
expire two years from that date.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as previously appropriated in the General Fund. Prior to an expenditure
being incurred, the Property Management Department has the responsibility to validate the
availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget
ID ID Year
FROM
Fund Department Account Project
ID ID
Submitted for City Manaqer's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity Budget
Year
Dana Burghdoff (8018)
Reginald Zeno (8517)
Reginald Zeno (8517)
Steve Cooke (5134)
Jo Gunn (8525)
Eugene Chandler (2057)
Reference # Amount
(Chartfield 2)
Reference # Amount
(Chartfield 2)
13P23-0030 COMPUTER ROOM AIR CONDTIONING EC PMD funds availabilibl.pdf (CFW Internal)
CompMemo JCI 23-0030 3.24.23 GV.pdf (CFW Internal)
Form 1295 Certificate 101014477.pdf (CFW Internal)
HVAC FID.xlsx (CFW Internal)
SAMs EntitvReaistration-20230317-084738.pdf (CFW Internal)
apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31006&cou nciIdate=5/9/2023 2/2