HomeMy WebLinkAboutContract 62583CSC No. 62583
FORT WORTH,
N*
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 MESOTECH INTERNATIONAL, INC.
("Vendor"), a California corporation acting by and through its duly authorized representative, each
individually referred to as a "party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents includes the following documents, which shall be construed in the order
of precedence as they are listed:
1. This Professional Services Agreement;
2. Exhibit A Scope of Services;
3. Exhibit B— Price Schedule;
4. Exhibit C— Verification of Signature Authority Form
5. Exhibit D — Bid Bond
6. Exhibit E —
Performance Bond
7. Exhibit F —
Payment Bond
8. Exhibit G
— Maintenance Bond
9. Exhibit H
— Wage Rates
1. Scope of Services. Vendor will provide installation of an Automated Weather Observation
System (AWOS III PT) for the Aviation Department ("Services"), which are set forth in more detail in
Exhibit "A"— Scope of Services, attached hereto and incorporated herein for all purposes.
2. Term. The initial term of this Agreement is for one (1) year, beginning on the date that
this Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated
earlier in accordance with this Agreement. City will have the option, in its sole discretion, to renew this
Agreement under the same terms and conditions, for up to four (4) one-year renewal options (each a
"Renewal Term").
3. Compensation.
3.1 Total compensation under this Agreement will not exceed one hundred fifty-five
thousand eight hundred and one dollars and zero cents ($155,801.00).
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and the provisions of this Agreement, including Exhibit "B"—
Payment Schedule, which is attached hereto and incorporated herein for all purposes.
3.3 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
OFFICIAL RECORD
CITY SECRETARY
Vendor Services Agreement Page 1 of 11
FT. WORTH, TX
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-Abbronriation 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
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 for 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 to the Texas Attorney General. 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.
Vendor Services Agreement Page 2 of 11
6. Ri2ht 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. Indenendent 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
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, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES,
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, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, 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, REPREENTATIVES,
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
ACTIONAGAINST CITY FOR INFRINGEMENT OFANYPA TENT, COPYRIGHT, TRADE
MARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM CITY'S USE
OF THE SOFTWARE OR DOCUMENTATION IN ACCORDANCE WITH THIS
Vendor Services Agreement Page 3 of 11
AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND,
SETTLE OR PAY WILL NOTAPPLYIF CITYMODIFIES 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 CITYAGREES TO COOPERATE WITH VENDOR INDOING 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 ACTIONAND 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. CITYAGREES TO GIVE VENDOR TIMELY WRITTENNOTICE OFANYSUCH
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 MA TERIALL Y AD VERSEL Y RESTRICTED, VENDOR
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
DOCUMENTATION WITH EQUALLYSUITABLE, COMPATIBLE, AND FUNCTIONALLY
EQUIVALENT NON -INFRINGING SOFTWARE AND 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.
9. 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 and Assignee will be jointly 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
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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
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 I❑ 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 Reauirements
(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.
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(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.
(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. ComDliance with Laws. Ordinances. Rules and ReLyulations. 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:
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To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Mesotech International, Inc.
Andrew Kuchel, Chief Strategy Officer
2731 Citrus Road, Suite D
Rancho Cordova, CA 95742
14. Solicitation of Emvlovees. 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.
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 the notice section of this Agreement.
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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, Exhibit A, and Exhibit B.
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. Entirety of Agreement. This Agreement, including Exhibits A and B, 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.
24. 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.
25. 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.
26. 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.
27. 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 services 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, Vendor hereby expressly assigns to City all exclusive right, title and interest in
Vendor Services Agreement Page 8 of 11
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.
28. 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.
29. 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 may adversely impact invoice payments.
30. 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.
31. Prohibition on Bovcotting Energv Companies. Vendor acknowledges that in accordance
with Chapter 2276 of the Texas Government Code, 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement. To the extent that Chapter 2276 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.
32. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, 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 Vendor 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. 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.
Vendor Services Agreement Page 9 of 11
33. 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.
34. HUB Goal. The HUB Goal for this Project is 0%.
(signature page follows)
(remainder of page intentionally left blank)
Vendor Services Agreement Page 10 of 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
. W44-,/L
By: Valerie Washington (Jan 8, 202509:21 CST)
Name: Valerie Washington
Title: Assistant City Manager
Date: Jan 8, 2025
VENDOR:
Mesotecb Intomntinnnl Inc..:
By: /✓
Name: Andrew Kuchel
Title: Chief Strategy Officer
Date:
01-07-2025
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
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
By: and reporting requirements.
Name: Roger Venables
Title: Aviation Director
Attest:
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Name:
Katya Flores
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Title:
Sr. Contract Compliance Specialist
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By:
Name: Jannette Goodall
Approved as to Form and Legality:
Title: City Secretary
Chace- P�/�i�
Contract Authorization:
By:
Candace Pagliara (Jan e2025 08:23 CST)
M&C: 24-1066
Name:
Candace Pagliara
Date M&C Approved: 12/10/2024
Title:
Assistant City Attorney
Form 1295: 2024-1236494
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement Page 11 of 11
EXHIBIT A
SCOPE OF SERVICES
1.0 PROJECT DESCRIPTION
1.1 The project shall consist of replacing an existing Automated Weather Observing System with
an Automated Weather Observing System III with Present Weather Sensor and Thunder Strike
Alert components (AWOS III P/T) at the Fort Worth Spinks Airport. The system shall be installed
in accordance with Federal Aviation Administration Advisory Circular 150/5220-16, (latest
revision), "Automated Weather Observing Systems (AWOS) for Non-federal Applications" and
as indicated in this specification.
2.0 PROJECT REQUIREMENTS
2.1 The system as installed will include all labor, equipment, materials, peripherals, training,
services, one-year warranty, one year of AWOS System Maintenance, and incidentals as
necessary to place the system in operation to the satisfaction of the Owner/State and be ready for
commissioning by the Federal Aviation Administration (FAA). Vendor shall have FAA
certification for the AWOS III P/T at the time of bid submittal and will provide copies of such
approval upon request.
2.2 The Vendor shall ascertain that all AWOS and Very High Frequency (VHF) system
components installed in the system are compatible in all respects with each other and the
remainder of any existing system. Any non -compatible components shall be replaced with
compatible components at no additional cost to the owner.
2.3 The Vendor shall utilize an established and proven equipment configuration.
2.4 Vendor will prepare the Memorandum of Agreement (MOA) and Operations and Maintenance
Manual (OMM) as required by FAA Order 6700.20 for City of Fort Worth TX (City) signature
before scheduling FAA commissioning ground inspection and any other checks required before
the AWOS can be authorized to operate.
2.5 The following documents shall be considered a part of these provisions:
2.5.1 Advisory Circular (AC) 150/5220-16, (latest revision) "Automated Weather
Observing Systems for Non -Federal Applications"
2.5.2 AC 150/5220-16, (latest revision) "Automated Weather Observing Systems for
Non -Federal Applications"
2.5.3 FAA Order 6560.20, (latest revision) "Siting for Automated Weather Observing
Systems"
2.5.4 AC 70/7460-1, (latest revision) "Obstruction Marking and Lighting"
3.0 FEDERAL COMMUNICATIONS LICENSE(S)
3.1 Vendor must submit necessary forms and acquire a Federal Communications Commission
License for an AWOS VHF broadcast license. If required, Vendor shall also submit all necessary
forms and acquire an FCC license for Ultra High Frequency (UHF) license.
3.2 Vendor shall coordinate and monitor the receipt of the licenses with Owner/State and FCC to
ensure all necessary licenses are received. Vendor shall submit a report to Owner/State with all
FCC license call signs and expiration dates.
4.0 SITE PREPARATION
4.1 The Vendor shall provide all necessary site preparation work for installation of the AWOS,
which includes, but is not limited to removal of existing AWOS, foundations and grounding
systems if necessary, grading, leveling, grubbing, and making the site acceptable for the
installation of necessary foundations and equipment.
4.2 Electrical power supply and telephone line for the operation of the system shall be provided
by the airport sponsor. The electrical power supply shall terminate with an electrical disconnect
25 feet from the designated installation location. The telephone line shall also terminate at this
location in an appropriate box.
4.3 Vendor shall provide and install control and data cables in conduit from the AWOS Central
Processing Unit (CPU) to remote sensors. Radio Frequency (RF) transmitter and receiver shall be
provided to the site by the Vendor if required.
4.4 If needed, Vendor shall construct concrete foundations for the tower base and other
equipment. AWOS Manufacturer shall submit foundation drawings specific to selected site and
equipment with specified concrete compressive strength and reinforcing requirements.
4.5 Following installation, the site shall be cleaned, debris removed, and surface leveled to that of
surrounding areas to allow for mowing and maintenance of the area disturbed.
5.0 INSTALLATION
5.1 Vendor shall not proceed with installation until the approved schedule is developed and only
following a notice to proceed by the City.
5.2 The work shall be performed by the AWOS manufacturer or approved contractor regularly
engaged in work of this type and shall include furnishing and installing the equipment,
calibration, start-up, and commissioning of equipment.
5.3 Sensors shall be installed at the locations and elevations as approved by City/State and the
Federal Aviation Administration. All connections of the cables to the sensors, AWOS tower,
processing unit, and data terminal will be in accordance with the manufacturer's specifications.
VHF antenna shall be mounted at the AWOS site unless another location is approved by the
City/State.
5.4 Vendor shall provide and install control and data cables in conduit from the AWOS CPU to
remote sensors. RF transmitter and receiver shall be provided to the site by the Vendor if required.
5.5 Vendor shall anticipate multiple installation visits as conditions dictate.
6.0 EQUIPMENT:
6.1 AWOS III Instrumentation: The systems to be installed shall be FAA certified as AWOS III or
AWOS III P/T as finally configured at the time of contract award. All equipment provided shall
be new and meet the specifications in FAA AC 150/5220-16 (latest revision).
6.1.1 Tower: Existing tower can be refurbished and used if it meets current standards and
Vendor equipment. If a new tower is needed, Vendor shall install either a self-supporting
or a tilt- over tower as specified by manufacturer for the system and as indicated on the
project -specific bid form. The tilt -over tower shall have a steel supporting rest in a
concrete foundation that is required to hold the tower in its tilt -down position without
touching ground. Either tower type shall not exceed the height specified for the
equipment to be installed on the tower.
6.1.2 The tower shall be painted with a six -band marking with alternating bands of
aviation surface orange (the top band) and white. The bandwidths shall be 1/6 of the
height of the tower and perpendicular to the vertical axis of the tower with the bands at
each end -colored orange. Paint and aviation colors shall conform to Federal Standards.
The tower shall be primed in accordance with the tower manufacturer's specifications
prior to painting.
6.1.3 A Dual L-810 obstruction light shall be placed within 5 feet of the top of the tower
in accordance with FAA requirements. The two lamps on the L810 shall be wired in
parallel on a dedicated circuit.
6.1.4 Voice Subsystem: A. The voice subsystem shall provide high- quality, computer -
generated speech for output of the AWOS observation. The voice subsystem should also
provide the speech for the local ground -air radio broadcast and telephone dial -up users.
The system shall have the capability of hooking up to a minimum of two (2) phone lines
and for the addition of a manually input voice message at the end of the computer -
generated voice message. The system shall have the capability of remotely programming
a voice message via telephone. A security access code shall prevent unauthorized use, and
the system will automatically play back the recorded message and allow the user to
reprogram, delete, or accept the message.
6.1.5 Uninterruptible Power Supply (UPS): The Vendor shall provide a UPS to regulate
power and provide a backup power supply source for power outages. The UPS shall be
capable of powering the AWOS for a minimum of one (1) hour.
6.1.6 National Airspace Data Interchange Network (NADIN)/ Weather Message
Switching Center Replacement (WMSCR) Interface: The AWOS shall include equipment
for interfacing with a Vendor that is approved to download information through the
NADIN and into the WMSCR. Vendor shall provide one (1) year of NADIN connection
service to be concurrent with the AWOS maintenance contract.
6.1.7 Transient and Lightning Protection: AWOS equipment should be protected against
damage or operational upset due to lightning surges, power line transients and surges, and
other electromagnetic fields and charges on all sensor input lines, sensor supply lines, and
incoming power and data communications lines. Lightning protection systems shall be
designed and installed in accordance with the Lightning Protection Code, National Fire
Protection Association (NFPA) 780, and the manufacturer recommendations for all
equipment.
6.1.8 Test Equipment: The Contractor shall supply the City with the necessary test
equipment to maintain the AWOS weather sensors according to the manufacturer's FAA -
approved maintenance plan.
6.1.9 Spare Components: The Contractor shall provide the City with the manufacturer's
minimum recommended spare components necessary to restore the AWOS to service
following a malfunction.
6.1.10 Maintenance Agreement: The Vendor shall provide a one (1) year AWOS
maintenance agreement that meets the FAA AC No. 150/5220-16 (latest revision)
requirements and begins on the date of FAA commissioning. The maintenance agreement
shall include all required inspections and maintenance as defined by AC No. 150/5220-16
(latest revision) but will not include any repairs made under the one-year warranty for the
installed system.
7.0 ADDITIONAL SERVICES
7.1 Vendor shall:
7.1.1 Conduct all required systems performance tests. System must be in total working
condition before scheduling FAA site commissioning. If multiple FAA commissioning
visits are necessary, Vendor shall reimburse other contractors, the FAA, and the City for
associated additional travel costs if requested.
7.1.2 Prepare the AWOS for the FAA ground check. Place and keep the AWOS in an
operational test mode until it is certified by the FAA. If the FAA disapproves either the
ground check or flight check, the Vendor shall correct the discrepancies and re- schedule
the FAA ground or flight check.
7.1.3 Provide a qualified technician on site for any required FAA ground check, flight
check, and site commissioning of the AWOS.
7.1.4 Post any certificates and notices required in AC 150/5220-16, (latest version).
7.1.5 Vendor to schedule a session after commissioning at the airport to provide complete
system operation, maintenance, repair training, and certification. Vendor will ensure that
all airport representatives and operators as designated by the City are notified of the
training session and will personally conduct the training on -site.
7.1.6 Provide one complete set of AWOS system manuals to the City.
8.0 BASIS OF PAYMENT
8.1 Siting, Licensing and Installation:
8.1.1 Each system shall be installed in accordance with the Plans and General and Special
Provisions. The unit price shall be full compensation for all labor, equipment, materials,
peripherals, training, services, one-year warranty, one year of AWOS System
Maintenance, and incidentals as necessary to place the system in operation to the
satisfaction of the City/State and be ready for commissioning by the Federal Aviation
Administration.
8.1.2 The contractor is eligible to receive payment up to 95% of the contract amount
pending final inspection and acceptance by City/State. Release of final payment does not
release Vendor of the obligation to have equipment certified and commissioned by the
FAA. Vendor shall correct, repair, and/or replace any equipment necessary to have
equipment commissioned by the FAA. Vendor is not released from this contract until the
final commissioning of the system.
8.1.3 Vendor shall make all necessary repairs, corrections, changes, and modifications to
the AWOS system before acceptance by City/State. The airport City should not be relied
upon at any time to assist or make the necessary repairs, corrections, changes, or
modifications.
EXHIBIT B
PRICE SCHEDULE
Primary Responses
Success: All data is valid!
Bid�No Bid
Project Ref# 24-0304; Automated
Weather Observation Systems (AWOS)
I
Remove existing equipment and replace in
current location, AWOS III including present
Success: All values provided Bid
#1-1 weather sensor, with a self-supporting tower
installed complete in place according to
specification —
Success: All values provided Bid
#1-2 NADINIWMSCR Interface Equipment with one
year of NADIN connection service
One year of AWOS maintenance that meets the
Success: All values provided Bid
#1-3 requirements of FAA AC No. 15015220-16 or latest
revision
Training and certification for City of Fort Worth
Success: All values provided BW
#1_4 personnel to service and maintain installed
equipment
Success: All values provided Bid
#1-5 Thunder Strike Alert (Additive Alternate 1)
Success: All values provided Bid
#1-6 Upgrade to Ultra Sonic Wind Sensor (Additive
Alternate 2)
Numeric I Text
1 $120.a76.00 Mesotech c 120.?7? cc
■
1 1 S 920 00 RSI Net $ 920 00
1 S 5,500.00 mas AWO5 Servic[ $ 5,500 00
1 51 00 Mesotech 31 cc
1 3 24,930 03 1.lesotech 524,98000
1 $4,024.00 Mesotech $4,02400
S 155'W1.00
$155,W1.00
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY FORM
FORTWORTH.1 CITY OF FORT WORTH -PURCHASING DIVISION
'%-r' AUTHORIZED SIGNATURE AND CONTACT DETAILS
RFP Ref. #: 24-0304 I Doc. Ref#: RFP-03 I Page 1 of 1
RFP Title: Automated Weather Observation Systems (AWOS)
Legal Name of Proposer: Mesotech International, Inc.
D/B/A Name of Proposer: Mesotech International, Inc.
City of Fort Worth Bidder/Supplied Id or Federal Id Number (TIN): 68-0378994
Address: 2731 Citrus Road, Suite D Rancho Cordova, CA 95742-6303
Name of the Authorized Representative: Christopher Swinehart
Title: Chief Operating Officer
The undersigned, by his/her signature, represents that he/she is submitting a binding
Proposal and is authorized to bind the respondent to fully comply with the
solicitation document contained herein. The Respondent, by submitting and signing
below, acknowledges that he/she has received and read the entire document packet
for this RFP and agrees to be bound by the terms therein.
The undersigned agrees if the Proposal is accepted, to furnish any and all items
and/or services upon which prices are offered, at the price(s) and upon the tenns,
conditions, and scope/specifications contained in this RFP.
Christopher Ugilally,gned by ChristghxR
SMhWA01094EI0010170201
winehart:A01094E00000 s
389D200025857
17020B389D200025857 D-:20z4.10.2a10:15ez-07-00'
Signature of the Authorized Representative:
Email: chris@mesotech.com
Name of Contact Person - 1: Andrew Kuchel
Title of Contact Person - 1: Chief Strategy Officer
Email: kkuchel@mesotech.com
Name of Contact Person - 2: Tanner Landon
Title of Contact Person - 2: Sales Manager
Email: tlandon@mesotech.com
Name of Contact Person - 3: Anita i.emus
Title of Contact Person - 3: Sales Assistant
Email: alemus@mesotech.com
Phone: (91 6) 368-2020
Phone: (916) 368-2020
Phone: (916) 368-2020 ex. 403
Phone: (916) 368-2020 ex. 505
EXHIBIT D
BID BOND
KNOW ALL BY THESE PRESENTS:
BID BOND
Page 1 or 2
That we, Mesotech International, Inc. , known as
"Bidder" herein and The Ohio Casualtv Insurance Company a corporate surety
duly authorized to do business in the State of Texas, known as "Surety' herein, are held and firmly bound unto the City
of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum
of two percent (2%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth,
Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project
designated as Automated Weather Observation Svstem (AWOS) ReDlacement at Fort Worth SDinks Airport
NOW, THEREFORE, the condition of this obligation is such that if the City shall award
the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions
required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with
the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to
execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required
for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal
and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between
Principal's total bid amount and the next selected bidder's total bid amount.
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County,
Texas or the United States District Court for the Northern District of Texas, Fort Worth Division.
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by
duly authorized agents and officers on this the 31 st day of October 2024.
ATTEST:
Witness as to Principal 1 Q,.%viLr I...,a,n(-1.4\
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised 9/30/2021
PRINCIPAL:
Mesotech International. Inc.
BY: /
/ rgna re /
«�r� fit//�Q✓ S(N}'h�� 160e
' Name and Title /
Bid Bond
w ne UsuretY Karen A. OConnell
Attach Power of Attorney (Surety) for Attorney -in -Fact
BID BOND
Page 2 of 2
Address: 2-731 c"A-t5 &A S4 .9
SURETY:
The Ohio Casualty Insurance Coinoany
BY:
eignaturee
Martin Moss, Attorney -in -Fact
Name and Title
Address: 175 Berkley Street
Boston. MA 02116
Telephone Number: (513) 603-2400
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws
showing that this person has authority to sign such obligation. If Surety's physical address is different from
its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract
is awarded.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised 9/30/2021 Bid Bond
State of Illinois }
} ss.
County of DuPage }
On October 31, 2024, before me, Karen A. OConnell, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Martin Moss known to me to be Attorney -in -Fact of
The Ohio Casualtv Insurance Company the corporation described in and that executed
the within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalf of the said corporation, and he duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Com ission E it rr ary 15, 2026
Kar n X. OConnell, Notary Public
Commission No. 946454
OFFICIAL SEAL
KAREN A OCONNELL
NOTARY PUBLIC, STATE OF ILLINOIS
COOK COUNTY
MY COMMISSION EXPIRES 02/15/2026
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8207427-285144
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Amy
Wickett; Dawn L. Morgan; Dawn Sallay; Diane M. Rubright; Grace Casaus; James I. Moore; Jennifer J. McComb; Martin Moss; Melissa Schmidt; Sherry Bacskai;
Stasha King; Stephen T. Kazmer; Tariese M. Pisciotto
all of the city of Downers Grove state of IL each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 3rd day of March 2022 .
Liberty Mutual Insurance Company
\Nsti'y o1i INS& 1NS(/Rq The Ohio Casualty Insurance Company
hJP`0(tPo/7,ar�2� yJPGoaPoagr'Pgy `GQ' ooRPORgr y� West American Insurance Company
UQ- ? Po m � •' Fo to
1912 n o y 1919 0 s 1991 0
�Vl9sSACHUS�'�-aa y0 �IPHAMPS�\,ab �s tN01ANP ,dD�
''M * >� By:
cu David M. Carey, Assistant Secretary
m State of PENNSYLVANIA ss
m County of MONTGOMERY
4-0 On this 3rd day of March 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
i5 Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
(D > therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
c 'rn
o 1, PA&s ,
` ��' aigouwf, �l Commonwealth of Pennsylvania - NotarySeal
4t o�' �<T Teresa Pastella, Notary Public6 0 r" e' � � Montgomery County
O OP My commission expires March 28, 2025 B
O .,e Commission number 1126044 y'
aj � fik; 04 41G Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public
0
a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
0.9 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV— OFFICERS: Section 12, Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
0 President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
N any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
o " have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
Z 5 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Conmany do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full fora; and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 31 st day of October , 2024
P\ \NS(UJ Po,( INS& \NSURq
J ` oRPORg oy�m eJ oORPORgr o
Pgyc V = o{ Pgg Oym
� 1912 0 0 1919 � � 1991 0
a mo a o By:
��gsSAcaus�aa ti0 '/AmPs Ada �sN01ANP�da� Renee C. Llewellyn, Assistant Secretary
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0061 13 - 1
PERFORMANCE BOND
Page] of 2
1 EXHIBIT E
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, Mesotech International. Inc. , known as
9 "Principal" herein and The Ohio Casualty Insurance Company , a corporate
10 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as
11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
12 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal
13 Sum of, One Hundred Fifty -Five Thousand Eight Hundred One Dollars
14 ($ 155.801.00 ), lawful money of the United States, to be paid in Fort Worth,
15 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind
16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
17 firmly by these presents.
18 WHEREAS, the Principal has entered into a certain written contract with the City
19 awarded the 10th day of December , 20 24 , which Contract is hereby referred to and
20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment
21 labor and other accessories defined by law, in the prosecution of the Work, including any Change
22 Orders, as provided for in said Contract designated as Automated Weather Observation
23 System (AWOS) Replacement at Fort Worth Spinks Airport, City Project No. 105294.
24 NOW, THEREFORE, the condition of this obligation is such that if the said Principal
25 shall faithfully perform it obligations under the Contract and shall in all respects duly and
26 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
27 specifications, and contract documents therein referred to, and as well during any period of
28 extension of the Contract that may be granted on the part of the City, then this obligation shall be
29 and become null and void, otherwise to remain in full force and effect.
30 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
31 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
32 Worth Division.
CITY OF FORT WORTH Automated Weather Observation System (AWOS)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Replacement at Fort Worth Spinks Airport
Revised July I, 2011 City Project No. 105294
0061 13 - 2
PERFORMANCE BOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the 3rd day of
6 January , 2025 .
7
8
9
10
12
13 ATTEST:
14
15 16 ( rincipal)j>�Iti�(�NN���
17
18
_—
yl0
21
22 �itttess aWo Pr cipal I)aW n
23
24
25
26
27
28
29
30
31
32 /33
34
3_"k3d_ A
37 Witn ss as to Sure
38 Karen A. OConnell
39
40
PRINCIPAL:
Mesotech International, Inc.
BY:
Si ature
Name and Title '
Address: 2731 Citrus Road, Suite D
Rancho Cordova, CA 95742-6303
SURETY:
The Ohio Casualty Insurance Company
BY:
Signature � ��-
Martin Moss, Attornev-in-Fact
Name and Title
Address: 175 Berkeley Street
Boston. MA 02116
Telephone Number: 513-603-2400
41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
42 from the by-laws showing that this person has authority to sign such obligation. If
43 Surety's physical address is different from its mailing address, both must be provided.
44 The date of the bond shall not be prior to the date the Contract is awarded.
45
CITY OF FORT WORTH Automated Weather Observation System (AWOS)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Replacement at Fort Worth Spinks Airport
Revised July I, 2011 City Project No. 105294
Bond No.: 268019959
0061 14 - 1
PAYMENT BOND
Pagel ot`2
EXHIBIT F
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, Mesotech International, Inc. known as
9 "Principal" herein, and The Ohio Casualtv Insurance Companv a
10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as
11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein,
13 in the penal sum of One Hundred Fiftv-Five Thousand Eight Hundred One Dollars
14 ($ 155,801.00 ), lawful money of the United States, to be paid in Fort Worth,
15 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves,
16 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
17 presents:
18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
19 1Oth day of December , 20 24 , which Contract is hereby referred to and
20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment,
21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in
22 said Contract and designated as Automated Weather Observation System (AWOS)
23 Replacement at Fort Worth Spinks Airport, City Project No. 105294.
24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
28 force and effect.
29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
31 accordance with the provisions of said statute.
32
CITY OF FORT WORTH Automated Weather Observation System (AWOS)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S Replacement at Fort Worth Spinks Airport
Revised July I, 2011 City Project No. 105294
0061 14-2
PAYMENTBOND
Page 2 of 2
I IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the 3rd day of
3 January .2025
4
5
6
7
8
9
10
12
ATTEST:
rincipal) W-rA�jj✓Ep L,ANAddV
Wi ness as to P incipal *r�sa" +(J JS
ATTEST:
r
1 ;
�)'rX1
(Surety) �Yitn S r
Maria A. Gonzalez '
Witness as to Surety
Karen A. OConnell
PRINCIPAL:
Mesotech International, Inc.
BY:
Srgn ure
Name and Title
Address: 2731 Citrus Road, Suite D
Rancho Cordova. CA 95742-6303
SURETY:
The Ohio Casualty Insurance Company
BY:
Signature
Martin Moss, Attorney -In -Fact
Name and Title
Address: 175 Berkeley Street
Boston, MA 02116
Telephone Number: 513-603-2400
Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign such obligation. If Surety's physical
address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
END OF SECTION
CITY OF PORT WORTH Automated Weather Observation System (AWOS)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Replacement at Port Worth Spinks Airport
Revised July I, 2011 City Project No. 105294
1.0
•ri R6311111111116re:1 •• •
0061 19 - 1
MAINTENANCE BOND
Page I of 3
I EXHIBIT G
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we Mesotech International, Inc. known as
9 "Principal" herein and The Ohio Casualty Insurance Company a corporate surety
10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as
11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein,
13 in the sum of One Hundred Fifty -Five Thousand Eiqht Hundred One Dollars
14 ($ 155.801.00 ), lawful money of the United States, to be paid in Fort Worth,
15 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its
16 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
17 and severally, firmly by these presents.
18
19 WHEREAS, the Principal has entered into a certain written contract with the City awarded
20 the 10th day of December , 20 24 , which Contract is hereby
21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all
22 materials, equipment labor and other accessories as defined by law, in the prosecution of the
23 Work, including any Work resulting from a duly authorized Change Order (collectively herein,
24 the "Work") as provided for in said contract and designated as Automated Weather
25 Observation System (AWOS) Replacement at Fort Worth Spinks Airport, City Project No.
26 105294; and
27
28 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
29 accordance with the plans, specifications and Contract Documents that the Work is and will
30 remain free from defects in materials or workmanship for and during the period of two (2) years
31 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
32
CITY OF FORT WORTH Automated Weather Observation System (AWOS)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Replacement at Fort Worth Spinks Airport
Revised July I, 2011 City Project No. 105294
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
0061 19-2
MAINTENANCE BOND
Page 2 of 3
WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
upon receiving notice from the City of the need therefor at any time within the Maintenance
Period.
NOW THEREFORE, the condition of this obligation is such that if Principal shall
remedy any defective Work, for which timely notice was provided by City, to a completion
satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
full force and effect.
PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
noticed defective Work, it is agreed that the City may cause any and all such defective Work to
be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
the Surety under this Maintenance bond; and
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division; and
PROVIDED FURTHER, that this obligation shall be continuous in nature and
successive recoveries may be had hereon for successive breaches.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised Jrdy 1, 2011
Automated Weather Observation System (AWOS)
Replacement at Fort Worth Spinks Airport
City Project No. 105294
0061 19-3
MAINTENANCE BOND
Page 3 of 3
IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 3rd day of
3 January .20_2L.
4
5
6
7
8
9
10
11 TT CT•
12
13
14 pat {�yf(j ! 1fWN�rz 15 LANpo V
16
17
18
19
20 Witness as% Principal I IkS
21
22
23
24
25
26
27
28 r
29 ATT
30
31
32 (Sti y)
33 a* A. Gonzz
PRINCIPAL:
Mesotech International. Inc.
fi
BY: ign
atu ,e
JU/1l�i�(�vcv��
Name and Title `
Address: 2731 Citrus Road, Suite D
Rancho Cordova. CA 95742-6303
SURETY:
The Ohio Casualty Insurance Company
BY:!
Signature
Martin Moss, Attorney -In -Fact
Name and Title
Address: 175 Berkeley Street
Boston, MA 02116
3 JD_ _
3 Witnl s as to urety Telephone Number: 513-603-2400
36 Karen A. OConnell
37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
38 from the by-laws showing that this person has authority to sign such obligation. If
39 Surety's physical address is different from its mailing address, both must be provided.
40 The date of the bond shall not be prior to the date the Contract is awarded.
41
CITY OF FORT WORTH Automated Weather Observation System (AWOS)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Replacement at Fort Worth Spinks Airport
Revised July I, 2011 City Project No. 105294
State of Illinois }
} ss.
County of DuPage }
On January 3, 2025, before me, Karen A. OConnell, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Martin Moss known to me to be Attorney -in -Fact of
The Ohio Casualty Insurance Companv the corporation described in and that executed
the within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalf of the said corporation, and he duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Sl'ommis Ex
ir�sVebruary 15, 2026
- /
OFFIOIAI- •' �
A OgpNN��
KPR�N TAT qF IL,UNOIS
A. OConn otary Public NOTARY 1'Q0pQK GgUN" p2�Ay12026
MY COMMISSION C:XPIRES
Commission No. 946454
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8207427-285144
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Amy
Wickett; Dawn L. Morgan; Dawn Sallay; Diane M. Rubright; Grace Casaus; James I. Moore; Jennifer J. McComb; Martin Moss; Melissa Schmidt; Sherry Bacskai;
Stasha King; Stephen T. Kazmer; Tariese M. Pisciotto
all of the city of Downers Grove state of IL each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 3rd day of March 2022 .
Liberty Mutual Insurance Company
P,V INSURq Poll' INSUR INSUp-1 The Ohio Casualty Insurance Company
J PORgr o°001? 9y `VQ °oRpORar ti� West American Insurance Company
3 ? FO n LU
2 FO fA
1912 n o 1919 0 1991 0
� d�9s`S4e..0 �,da Z0 FVAMP`'�,da� 'ls �NOrANP as /G�/f%��
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0/7 * t �hd * *� �'M * 1 By:
co David M. Carey, Assistant Secretary
c� State of PENNSYLVANIA ss
County of MONTGOMERY
46 (D On this 3rd day of March 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
(D (6
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
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Commonwealth of Pennsylvania - Notary Seal
gteO;�ty
7
Teresa Pasleller Notary Public
Montgomery County
CP
My commission expires March 28, 2025
By •
commission number 1126044
Teresa Pastella,
Teresa
Notary Public
y Puv
Member, Pennsylvania Association of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV— OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd day of January , 2025 -
INSUR +,I,( INSU �y INSUR
�Jp�o(Po rgrq Gv y P4°RP°Rq>�92 \v/°nP°RgTgLC
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9ss �� r yin ac ya°4 y>° By:
H�14AhIPS Ada s, NDIAHP�d� Renee C. Llewellyn, Assistant Secretary
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LMS-12873 LMIC OCIC WAIC Multi Co 02121
Exhibit H - Davis -Bacon Act Wage Rates
"General Decision Number: TX20240026 03/01/2024
Superseded General Decision Number: TX20230026
State: Texas
Construction Type: Heavy
Counties: Johnson, Parker and Tarrant Counties in Texas.
Heavy Construction Projects (Including Water and Sewer Lines)
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
JIf the contract is entered
into on or after January 30,
12022, or the contract is
renewed or extended (e.g., an
loption is exercised) on or
lafter January 30, 2022:
JIf the contract was awarded onj
for between January 1, 2015 andl
13anuary 29, 2022, and the
contract is not renewed or
lextended on or after January
130, 2022: 1
Executive Order 14026
generally applies to the
contract.
The contractor must pay
all covered workers at
least $17.20 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2024.
Executive Order 13658
generally applies to the
contract.
The contractor must pay alll
covered workers at least
$12.90 per hour (or the
applicable wage rate listed)
on this wage determination,
if it is higher) for all
hours spent performing on
that contract in 2024.
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 03/01/2024
* PLUM0146-002 01/01/2024
Rates Fringes
PLUMBER/PIPEFITTER...............$ 38.28 12.81
----------------------------------------------------------------
* SUTX1990-041 06/01/1990
Rates Fringes
CARPENTER ........................$
10.40
**
$3.64
Concrete Finisher ................$
9.81
**
ELECTRICIAN ......................$
13.26
**
Form Setter ......................$
7.86
**
Laborers:
Common ......................$
7.25
**
Utility .....................$
8.09
**
PAINTER ..........................$
10.89
**
Pipelayer ........................$
8.43
**
Power equipment operators:
Backhoe.....................$
11.89
**
3.30
Bulldozer ...................$
10.76
**
Crane .......................$
13.16
**
3.30
Front End Loader ............
$ 10.54
**
Mechanic ....................$
10.93
**
Scraper .....................$
10.00
**
Reinforcing Steel Setter .........
$ 10.64
**
TRUCK DRIVER .....................$
----------------------------------------------------------------
7.34
**
WELDERS - Receive rate prescribed for craft
performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.20) or 13658
($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAW'" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in 7anuary of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION"
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/10/24 M&C FILE NUMBER: M&C 24-1066
LOG NAME: 13P RFP 24-0304 AUTOMATED WEATHER OBSERVATION SYSTEMS AV CB
SUBJECT
(CD 8) Authorize Execution of an Agreement with Mesotech International, Inc. in an Amount Up to $155,801.00 for the Purchase of an Automated
Weather Observation System at Fort Worth Spinks Airport
RECOMMENDATION:
It is recommended the City Council authorize the execution of an agreement with Mesotech International, Inc. in an amount up to $155,801.00 for
the purchase of an Automated Weather Observation System at Fort Worth Spinks Airport (City Project No. 105294).
DISCUSSION:
The Purchasing Division (Purchasing) is seeking City Council approval on behalf of the Aviation Department (Aviation) to authorize execution of an
Agreement (Agreement) with Mesotech International, Inc. (Mesotech) for a one-time purchase of an Automated Weather Observation System
(AWOS) at Fort Worth Spinks Airport (Airport). Under the proposed Agreement, Mesotech will remove the existing AWOS and install a new one.
Purchasing Staff issued a Request for Proposal (RFP) 24-0304, which consisted of detailed specifications describing the responsibilities and
requirements to provide these services.
The RFP was advertised in the Fort Worth Star -Telegram on October 2, 2024, October 9, 2024, October 16, 2024 and October 30, 2024. The
City received two (2) responses, DBT Transportation Services did not meet the technical requirements.
An evaluation panel consisting of representatives from Aviation, the Information Technology Solutions (IT) Department, and Purchasing reviewed
and scored the submittals using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed on
the table below:
Vendor Evaluation Factors
a b c d Total
Score
Mesotech International, Inc. 26 20.83 20 20 86.83
Best Value Criteria
a. Qualifications and experience
b. Approach to perform services
c. Ability to meet the City's needs
d. Price
After evaluation, the panel concluded that Mesotech presents both the best value and the necessary experience for the AWOS, therefore the panel
recommends that City Council authorize the Agreement with Mesotech. No guarantee was made that a specific amount of services would be
purchased. Staff certifies that the recommended vendor bid met specifications.
FUNDING: Funding is budgeted in the Other Contractual Services account within the Muni Airport Grants State Fund for the purpose of funding the
24AWSPINK AWOS project, as appropriated.
BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the
Business Equity Ordinance, because the purchase off goods or services is from sources that have negligible subcontracting or supplier
opportunities.
AGREEMENT TERMS: This agreement will begin upon execution and will end at the earlier of the expiration of the funds or completion of the
project.
RENEWAL OPTIONS: This agreement is a one-time purchase and has no renewal options.
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.
a6'iff_11111111kiI&I NLy�/_110Is] kiUKH=1 A 01;11[of s11rIs] kiA
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Muni Airport Grants State
Fund for the 24AWSPINK AWOS project to support the approval of the above recommendation and execution of the contract. Prior to any
expenditure being incurred, the Aviation Department has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517
Valerie Washington 6192
Oriainatina Business Unit Head: Reginald Zeno 8517
Roger Venables 6334
Additional Information Contact: Jo Ann Gunn 8525
Charles Benson 8357
FORT WORTH
Routing and Transmittal Slip
Aviation
Department
DOCUMENT TITLE: FWS Automated Weather Observation System (AWOS) Agreement
M&C 24-1066 CPN 105294 CSO # DOC#
DATE: 1/7/2025
INITIALS
DATE OUT
TO:
�
Jan 7, 2025
1.
Joe Hammond
H
2.
Roger Venables
Jan 8, 2025
3.
Candace PagliaraCP
CP
Jan 8, 2025
WO
Jan 8, 2025
4.
Valerie Washington
5.
Janette Goodall
?
Jan 8, 2025
59
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes ❑x No
RUSH: ❑ Yes ❑X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No
ROUTING TO CSO: ❑x Yes ❑ No
Action Required:
❑ As Requested
❑ For Your Information
1 Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call Tyler Dale at ext. 541 for pick up when completed. Thank you.