HomeMy WebLinkAboutContract 52782 Purchase No. SS-PO-102668-R4
CITY OF FORT WORTH
REQUEST TO EXERCISE RENEWAL OPTION
CITY SECRETARY
August 27, 2019 CONTRACT NO. 5a78 a
Ford Hall Company, Inc.
Attn: Margaret Mazurek
P.O. Box 2110
Richmond,KY 40476
Re: Contract Renewal Notice
Contract No. Purchase No. SS-PO-102668-R4 (the"Contract")
Renewal Term No. 4: October 21, 2019 to October 20,2020
The above referenced Contract with the City of Fort Worth expires on October 20, 2019
(the "Expiration Date"). Pursuant to the Contract, contract renewals are at the mutual agreement
of the parties. This letter is to inform you that the City is requesting to renew the Contract for an
additional one (1) year period, which will begin immediately after the Expiration Date.All other
terms and conditions of the Contract remain unchanged.
To agree to renew the Contract for an additional one(1) year period,please sign and
return this request to exercise renewal option, along with a copy of your current insurance
certificate, to the address set forth below.
Please log onto PeopleSoft Purchasing at http://fortworthtexas.tov/purchasing to insure
that your company information is correct and up-to-date.
If you have any questions concerning this Contract Renewal Notice,please contact me at
the telephone number listed below.
Sincerely,
V4w.e4 Saes
Monica Saenz/Admin Assistant
817-392-8267
OFFICIAL RECORD
CITY SECRETARY
FT' �,A ORTH,TX
Contract Renewal Pagel of 2
Purchase No. SS-PO-I02668-R4
ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract,including
By: 11AI IVA ensuring all performance and reporting
Name: Dana Burgh ff requirements.
Title: erg Assis ant City Manager
By: _ —
APPROVAL RECOMMENDED: Name: M in Philli
,���(�l_ Title: Engineering Manager
By.
Name: Chris Harder APPROVED AS TO FORM AND
Title: Water Director LEGALITY:
By:
Nary rly Anga icheril By:
TitteKisistant Water Director Name: Doug Black
Title: Assistant City Attorney
ATTEST:
CONTRACT AUT ORIZATION:
M&C:
B y to Approved:
Y: f►,,
Name: ary J. Ka se F rrt� I �1295 Certification No.:
IJIA-
Title: City Secretary
14-4
By: M Ck JA- IL�C , tom_
Name: 11'lc r, 7,R-T �1c i� .1� 'i
Title:
ff
FFICIAL RECORD
ITY.SECRETARY
T. WORTH, TX
Contract Renewal Page 2 of 2
Form W=9 Request for Taxpayer (live Form to the
(Rev.October2018) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name(as shown on your Income tax return).Name Is required on this line;do not leave this line blank.
FORD HALL COMPANY INC.
2 Business name/disregarded entity name,if different from above
FORD W HALL COMPANY
3 Check appropriate box for federal tax classification of the y one of the 4 Exemptions(codes apply y to
m pp person whose name Is entered on fine 1.Check only only
following seven boxes. certain entities,not individuals:see
a Instructions on page 3):
c ❑ Individual/sole proprietor or ElC Corporation Q S Corporation ❑ Partnership ElTrust/estate
c 1Dg si le-member LLC
Exempt payee code(If any)
0
❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)►
$ Note:Check the appropriate box In the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
LLC If the LLC Is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(it any)
Is disregarded from the owner should check the appropriate box for the tax classification of Its owner.
Other(see Instructions)► WcorarroWW&ONfl W1Mdouh+de00usJ
N 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optionaQ
PO BOX 2110
6 City,state,and ZIP code
RICHMOND KY 40476
T List account numbers)here(optlonaQ
Taxpayer Identification Number IN
Enter your TIN In the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number
backup withholding.For Individuals,this is generally your social security number(S .However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part i,later.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN,later. or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer Identification number
Number To Give the Requester for guidelines on whose number to enter.
M61 — 1 1 1 1 6 1 6 1 5 E
LEM Certification
Under penalties of perjury,I certify that:
1.The number shown on this form Is my correct taxpayer Identification number(or I am wafting for a number to be Issued to me);and
2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you are not required to sign tK
e c rliflcatlon,but you must provide your correct TIN.See the instructions for Part II,later.
Sign Signature of
Here U.S.person► Date► (� `
General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its Instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.gov/F`ormW9. •Form 1099-S(proceeds from real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An Individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage Interest), 1098-E(student loan Interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
Identification number(TIN)which may be your social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number
(EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(Including a resident
amount reportable on an information return.Examples of information alien),to provide your correct TIN.
retums include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might
•Form 1099-INT(interest earned or paid) be subject to backup withholding.See What Is backup withholding,
later.
Cat.No.10231x Form W-8(Rev.10-2018)
^ P.O. Box 2 1 1 0 800 928-2070
+N1111111 WAM
Nor♦ r Richmond,KY 40476 8 5 9 6 2 4.10 7 7
859 624.3320 Fax
OMEN
www.fordhall.com
Ford Hall
Company, Inc.
Village Creek WWTP c/o Ft Worth
4500 Wilma lane
Arlington,TX 76012
07-02-2019
To Whom It May Concern:
The Ford W. Hall Co.,Inc. (FHC) is the Sole Manufacturer of the Weir-Wolf TM automated Clarifier
Cleaning System. The Weir-Wolf TM system is the only stainless steel Weir Cleaning system containing a
breakaway component in each Brush Holder Assmem-by, Weighing under 150 lbs. installed and uses
spring loaded Brushes to clean the individual effluent surfaces.
FHC has over 2000 units in operation at over 800 Wastewater Plants. We offer a Five Year Parts
Warranty on our Brush Systems.
FHC is the holder of U.S. Patent 8,499,405 Apparatus for Cleaning WasteWater Treatment Tanks
implemented in 2013 and covers the Shear Safety TM breakaway component in each Brush Holder to
allow the Weir Cleaner to break loose or free in case of snag or hang up.This Patent is Valid and
Enforceable.
"An apparatus for cleaning algae and other debris from a wastewater treatment tank including a
mechanically driven component comprising: A breakaway water treatment tank scrubber assembly"
This option protects the Brush system and the clarifier components(weirs, baffles, skimmer, drives, and
motors)from additional damage. This option is now available in 304&316 SS.
Thank you for your consideration.
Sincerely,
Margaret Mazurek
Ford Hall Company
859-624-1077
Equal Opportunity Employer
women" P,O. Box 2 1 1 0 800 9 2 8-2 0 7 0
ONE=" 111w— Richmond,KY 40476 8 5 9 6 2 4-10 7 7
859 624.3320 Fax
MEN" ' www.fordhall.com
Ford Hall
Company, Inc.
Village Creek WWTP c/o Ft Worth
4500 Wilma Lane
Arlington, TX 76012
07-02-2019
To Whom It May Concern:
Ford Hall Company Inc. is the only authorized manufacturer for the Weir Wolf TM/Algae Sweep
AutomationTM Cleaning Equipment systems for clarifiers and thickeners in the U.S.A and Canada. The
custom designed nature of the individually built Weir Wolf TM/Algae Sweep AutomationTM Cleaning
Equipment systems, requires that FHC is the only authorized provider of maintenance, field services,
replacement components and brushes for the above listed products. All FHC weir cleaning systems are
custom designed and built to fit individual clarifiers and thickeners.Therefore the systems are not
interchangeable. Thereby, requiring all replacement parts,components, brushes, and services be
provided by the original manufacturer, Ford Hall Company Inc.
For questions, or to receive quotes on services, components, and brushes please contact Ford Hall
Company Inc. at the following numbers.
Sincerely,
mom. m a7.- .
Margaret Mazurek
Ford Hall Company
85"24-3320
Equal Opportunity Employer
FORTWORTH,
REQUEST FOR QUOTATIONS
Purchasing Division
1000 Throckmorton
Fort Worth,Texas 76102-6311
Phone: 817-392-8385
Fax: 817-392-8440
RFQ NO: 15-0040
CLOSING DATE: THURSDAY, DECEMBER 18, 2014 @ 1:30 PM
COMMODITY: OEM FORD HALL WEIR WOLF ALGAE SWEEP AUTOMATION
CLARIFIER CLEANING SYSTEM PM AND REPAIRS
BUYER: JANE HUGHES, BUYER
EMAIL: JANE.HUGHES@FORTWORTHTEXAS.GOV
INSTRUCTIONS TO BIDDERS
Quotes are solicited for furnishing the merchandise, supplies, services and/or equipment set forth. Completed Quote
must be received in the Purchasing Division, 1000 Throckmorton, Fort Worth, Texas 76102 by the above quote
deadline. Quotes must be faxed to 817-392-8440 or emailed, addressed to the above Buyer. City of Fort Worth
and have the bid number and opening date clearly marked on the fax cover page. Late quotes will not be
considered for award unless bidders are notified otherwise. Quotes may be withdrawn at any time prior to the official
opening by written notification. Quotes may not be altered, amended or withdrawn after the official opening.
• Your quote must be submitted on this form.
• Freight and all other delivery charges shall be included in the unit price(s)bid.
• The City is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in the quote
price.
Items quoted must meet or exceed City of Fort Worth Specifications; however, The City of Fort Worth may consider and
accept alternate bids if specified herein when most advantageous to the City. The City reserves the right, however, to
hold to City Specifications and to determine "or equal' status. The City reserves the right to accept or reject in part or
whole any quote submitted, and to waive any technicalities for the best interest of the City.
The undersigned agrees, if the quote is accepted, to furnish any and all items upon which prices are offered, at the
price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of this proposal
will be 90 calendar days(unless the bidder inserts a different period)after opening date.
City of Fort Worth Standard Terms and Conditions Shall Apply
Company Name &Address QUOTE EVALUATION
The quote award shall be based on, but not
necessarily limited to,the following factors:
Ford W. Hall Company Inc.
1. Unit Price
PO BOX 2110 2. Total Quote Price
3. Terms and Discounts
Richmond KY 40476 4. Delivery Date
5. Results of Testing Samples
6. Special Needs and Requirements of the City
7. Past experience with product/service
8. Vendor's past performance
Telephone no.(AC 800) 928-2070 9. City's evaluation of the vendor's responsibility
Fax no.( 859 ) 624 - 3320 10. Demurrage charges,freight costs and mileage
11.Estimated cost of supplies,maintenance,
storage
12. Estimated Surplus value
Signature
E-mail Address:
Date: 1 1/96/2o 14
Page 1 of 1
BID SOLICITATION
Printed: 11/21/2014
BID OPENING DATE AND TIME
12/18/20141:30:00 PM
BID NUMBER: 15-00.40
BUYER:Jane Hughes
PHONE#: (817)392-8385
DELIVERY REQUIRED: 12/18/2014
V Vendor Name: Ford W. Hall Company Inc. H City of Ft Worth
N Address: 1 VILLAGE CREEK WATER TREATMENT
ID PO BOX 2110 p 4500 WILMA LANE
0 City,State Zip Code: Richmond KY 40476 ARLINGTON TX 76012
R T
Item Class-Item Quantity Unit Unit Price Total
3.000 The City of Fort Worth is seeking an annual agreement for OEM Ford Hall $15,455.32
Weir Wolf Algae Sweep Automation Clarifier Cleaning System PM and
Repairs.The agreement will be for one,one-year period with options to
renew for up to four(4)additional one-year periods.
Clarifiers#7,#8, #9 are not covered in this quote.
##Please see note below.
1.000 Yearly PM on 19 Weir Wolf Algae Sweep Automation Clarifier Cleaning 1 EA
Systems by factory trained Technicians.
2.000 Any other repairs/parts needed to maintain Weir Wolf Algae Sweep 5000 EA
Systems Any parts that exceed the included in Annual allot- am/ount off �wst ll�be quoted
TOTAL: $15,455.32
WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS.
WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE
MUST BE HELD FIRM FOR PERIOD OF 60 DAYS.
TERM OF PAYMENT: 30 days from completion of serviceCOMPANY: Ford W. Hall Company Inc.
DELIVERY: SIGNATURE:
TELEPHONE NUMBER: 800 928 2070 NAME AND TITLE: Chris Daniel After Market Sales
## This quote is only valid for the 2015 Preventative Maintenance Plan. Clarifier#9 should be back in service by the time
the 2016 Preventative Maintenance Plan will be needed. This will cause a change in price at that time.
DETAILED SPECIFICATIONS
FOR
OEM FORD HALL WEIR WOLF ALGAE SWEEP AUTOMATION
CLARIFIER CLEANING SYSTEM PM AND REPAIRS
1.0 SCOPE
1.1 The intent of these specifications is to describe the minimum requirements necessary to
establish an annual agreement with Ford Hall Company to provide Original Equipment
Manufacturer(OEM)Weir Wolf Algae Sweep Automation Clarifier Cleaning System
Preventative Maintenance(PM)and Repairs.
1.2 The term of the agreement shall be for a period of one (1) year with options to renew
annually for up to four(4) additional one-year terms. However, if funds are not
appropriated, the City of Fort Worth (City) may cancel the agreement 30 calendar days
after providing written notification to the successful bidder, known hereafter as"Vendor."
2.0 PURPOSE
The Water Department/Village Creek Wastewater Treatment plant currently has 19 OEM Ford
Hall Weir Wolf Algae Sweep Automation Clarifier Cleaning Systems in service throughout the
Secondary area of the facility. Operational efficiency of these systems are critical in the
prevention of algae from growing on the Clarifier weirs and Texas Commission Environmental
Quality(TCEQ) regulations.
3.0 REQUIREMENTS
3.1 Ford Hall Company must provide OEM Weir Wolf Algae Sweep Automation Clarifier
Cleaning System PM, repairs, replacement parts and components at manufacturer's list
book price less percentage discount.
3.2 Repairs to be performed by an authorized OEM Ford Hall Weir Wolf Algae Sweep
Automation Clarifier Cleaning System technician.
3.3 Ford Hall Company shall provide annual PM program.
4.0 INVOICING REQUIREMENTS
4.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Vendor to get the name of the responsible person, telephone
numbers and address of the department at the time the service is requested.
The requesting department is required to issue a release number to the Vendor
during this process.
4.2 A properly prepared invoice shall consist of the Vendor's name, invoice number,
address, date, service/item description, City issued purchase order and release
number. Incomplete or inaccurate invoices may result in delayed payments, as
they shall be returned to the Vendor for correction and re-submittal.
4.3 The Vendor shall submit corrected/revised invoices within seven (7) calendar days of
notification from the City.
5.0 WARRANTY
5.1 All parts installed under this contract shall carry the standard manufacturer
warranty. Warranties shall be effective on the date the parts are accepted by the City.
5.2 No repair or service work provided on any existing equipment shall void the existing
warranty on the equipment.
15-0040 OEM FORD HALL WEIR WOLF ALGAE SWEEP AUTOMATION
CLARIFIER CLEANING SYSTEM PM AND REPAIRS
Page 3 of 18
6.0 DELIVERY
6.1 Deliveries to be made to Village Creek Wastewater Treatment Plant,4500 Wilma Lane,
Arlington,Texas, 76012 as ordered by the City between the hours of 7:00 am and 4:00 pm
unless special arrangements are made with City personnel.
6.2 Delivery shall be F.O.B. Destination and all delivery charges shall be included in the unit
prices. The person placing the order will provide delivery and billing information.
Deliveries will be on an "as needed"to various locations as instructed by the Water
Department. No additional charges for expenses, freight, mileage, time, or similar items
will be accepted or paid by the City.
6.3 There may be instances when the Vendor may be asked to accelerate delivery of an
order(s) due to extenuating circumstances. When this occurs, the Vendor will be
expected to provide this service at no additional cost
6.4 The Vendor shall provide a list of names and telephone/pager numbers to the Purchasing
Division of the persons to be notified of a request for service.
7.0 ESTIMATED QUANTITIES
The quantities listed in this RFQ are only estimates based on anticipated usage and are not an
intent to purchase or a guarantee of future orders. The actual quantities may vary according to
the needs to the City. The City is only obligated to pay for goods and/or services actually ordered
by an authorized City employee and then received and accepted as required by the City.
8.0 UNIT PRICE ADJUSTMENTS
8.1 Unit prices shall include all associated costs, not limited to delivery, fuel and handling
charges. No additional charges will be accepted or paid by the City.
8.2 Prices offered shall be used for bid analysis and for agreement pricing. In cases of errors
in extensions or totals, the unit prices offered will govern.
8.3 Prices shall be firm for a period of twelve (12) months from the date of Purchasing
Manager's approval.
8.4 The unit prices may be adjusted for increases or decreases in Vendor's cost during the
renewal period but before the effective date of the renewal upon written request from the
Vendor.
8.5 At the time the City exercises the renewal options, the Vendor may request a
rate adjustment in an amount not to exceed the current Producer Price Index(PPI) rate of
the original contract rate price or subsequent renewal rate price.
8.6 The Vendor must submit its price adjustment request, in writing, at least 60
days before the renewal effective period. The Vendor shall provide written proof of cost
increases with price adjustment request.
8.7 If the City concludes that the rate increase being requested is exorbitant, the City
reserves the right to adjust the rate request, or reject the rate request in its entirety and
allow the contract to expire at the end of the contract term. If the City elects not to
exercise the renewal option, the Purchasing Division will issue a new solicitation.
8.8 For no reason shall the Vendor suspended services without giving a thirty (30) day prior
written notice to the Purchasing Manager.
15-0040 OEM FORD HALL WEIR WOLF ALGAE SWEEP AUTOMATION
CLARIFIER CLEANING SYSTEM PM AND REPAIRS
Page 4 of 18
9.0 INSURANCE REQUIREMENTS
9.1 The Vendor shall assume all risk and liability for accidents and damages that may occur
to persons or property during the prosecution of work under this Agreement. The Vendor
shall file with the City of Fort Worth Purchasing Division, prior to the commencement of
services, a certificate of insurance documenting the following required insurance within
five (5) calendar days of notification.
9.2 Policies shall have no exclusions by endorsements which nullify the required lines of
coverage, nor decrease the limits of said coverage unless such endorsements are
approved by the City. In the event a contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the Vendor to obtain such coverage, the contract price
shall be adjusted by the cost of the premium for such additional coverage plus 10%.
9.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance
at the following limits:
$100,000 Each Accident
$500,000 Disease—Policy limit
$100,000 Disease—Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers' Compensation Act (Art.
8308—1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee.
9.2.2 Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the following: premises/operations,
independent vendors, products/completed operations, personal injury, and
contractual liability. Insurance shall be provided on an occurrence basis, and as
comprehensive as the current Insurance Services Office(ISO) policy.
9.2.3 Auto Liability Insurance shall be provided as follows:
$1,000,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned.
9.2.4 The Vendor shall furnish the Purchasing Manager, with a certificate of insurance
documenting the required insurance prior to the commencement of services.
9.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty-(30) day
notice of cancellation, material change in coverage, or non-renewal of coverage.
9.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an
additional insured, as its interests may appear(ATIMA).
15-0040 OEM FORD HALL WEIR WOLF ALGAE SWEEP AUTOMATION
CLARIFIER CLEANING SYSTEM PM AND REPAIRS
Page 5 of 18
10.0 ADDITIONAL INSURANCE REQUIREMENTS
10.1 The City, its officers, employees and servants shall be endorsed as an
additional insured on Vendor's insurance policies excepting employer's
liability insurance coverage under Vendor's workers' compensation
insurance policy.
10.2 Certificates of insurance satisfactory to the City and Worker's Compensation
Affidavit must be received before Vendor can begin work. Failure to supply
and maintain such insurance shall be a breach of contract. Vendor shall
provide complete copies of all insurance policies required by this Agreement.
Certificates of insurance must be supplied to:
Financial Management Services Department
Attention: Purchasing Division
1000 Throckmorton Street
Fort Worth, Texas 76102
10.3 Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein. Each
insurance policy shall be endorsed to provide the City a minimum 30 days notice
of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten (10) day notice shall be acceptable in the event of non-payment
of premium.
10.4 Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
10.5 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
10.7 Workers' compensation insurance policy(s) covering employees of the Vendor
shall be endorsed with a waiver of subrogation providing rights of recovery in
favor of the City.
10.8 City shall not be responsible for the direct payment of insurance premium costs
for Vendor's insurance.
10.9 Vendor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
10.10 While the purchase order is in effect, Vendor shall report, in a timely manner,
to the Purchasing Department any known loss occurrence that could give rise to
a liability claim or lawsuit or which could result in a property loss.
10.11 Vendor's liability shall not be limited to the specified amounts of insurance
required herein.
15-0040 OEM FORD HALL WEIR WOLF ALGAE SWEEP AUTOMATION
CLARIFIER CLEANING SYSTEM PM AND REPAIRS
Page 6 of 18
11.0 SAFETY—The Vendor shall be responsible for meeting all Federal: laws, ordinances and
regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations;
and City: laws, ordinances, and regulations for safety of people, environment, and property. This
includes, but is not limited to, all licenses, all Federal, State, County, and City Agencies,
Administrations and Commissions such as the Environmental Protection Agency (EPA),
Occupational Safety and Health Administration (OSHA), and the Texas Commission on
Environmental Quality(TCEQ).
12.0 PERFORMANCE- Failure of the City to insist in any one or more instances upon performance of
any of the terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the Vendor's obligation
with respect to such performance shall continue in full force and effect.
13.0 COMPLAINTS-Complaints processed through the City Purchasing Division are to be corrected
within fourteen (14) days of formal notice of complaint. Written response to the Purchasing
Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day
time period may result in the cancellation of the applicable line item(s) in the price agreement.
14.0 HAZARDOUS CONDITIONS-The Vendor is required to notify the City immediately of any
hazardous conditions and/or damage to City property.
15.0 CONTRACT ADMINISTRATION
15.1 Contract administration will be performed by the Water Department/Village Creek
Wastewater Treatment Plant. In the event the Vendor fails to perform according to the
terms of the agreement, the Department head or his/her designee will notify the Vendor,
in writing, of its failures. A meeting may be arranged to discuss the Vendor's deficiencies.
A written cure notice may be prepared giving the Vendor 14 calendar days to cure any
deficiency.
15.2 In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Purchasing Manager who will take appropriate action to cure the
performance problem(s),which could include cancellation, termination for convenience or
default. If the agreement is terminated for default, the Vendor may be held liable for
excess cost and/or liquidated damages.
15.3 The Vendor will be paid only those sums due and owing under the agreement for
services satisfactorily rendered, subject to offset for damages and other amounts which
are, or which may become, due and owing to the City.
15.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Vendor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and
subcontractors to cease work. Subject to the terms of this agreement,the Vendor shall
be paid a percentage of the agreement price reflecting the percentage of the work
performed prior to the notice of termination, plus reasonable charges the Vendor can
demonstrate to the satisfaction of the City using its standard record keeping system, have
resulted from the termination. However, in no event shall the total of all amounts paid to
the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any
profits which may have been anticipated, but which have not been earned up to the date
of termination.
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16.0 OPTION TO EXTEND/RENEW THE TERM OF THE AGREEMENT
16.1 The term of the agreement shall be for a period of one(1) year, with options to renew
annually for up to four(4) additional one-year terms. The City may extend the term of this
agreement by written notice to the Vendor within 30 calendar days; provided, the City
gives the Vendor a preliminary written notice of its intent to extend at least 60 calendar
days before the agreement expires, and the renewal/extension is mutually agreed upon
by both parties to the agreement.
16.2 The preliminary notice does not commit the City to an extension. If the City exercises this
option, the extended agreement shall be considered to include this option clause.
17.0 BIDS
17.1 Vendor shall submit the following items with their bid:
17.1.1 A completed and signed original Request for Quotations cover page;
17.1.2 A completed and signed original Bid Solicitation form;
17.1.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A.
17.1.4 Annual PM Program.
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CITY OF FORT WORTH, TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
1.0 DEFINITION OF BUYER
The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and
subvendors who act on behalf of various City departments, bodies or agencies.
2.0 DEFINITION OF SELLER
The consultant, contractor, supplier, vendor or other provider of goods and/or services, its
officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity
under a contract with the City of Fort Worth.
3.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth (the"City") may be requested by a member of
the public under the Texas Public Information Act. See TEx. GOVT CODE ANN. §§ 552.002,
552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary
information, the Seller listed in the request will be notified and given an opportunity to make
arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller
believes that its information may not lawfully be released. If Seller does not make arguments or
the AG rejects the arguments Seller makes, Seller's information will be released without penalty
to the City.
4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,
materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee found
guilty thereof shall thereby forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the City Council
shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section
16, City of Fort Worth Charter)
5.0 ORDERS
5.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who
act on behalf of various City departments, bodies or agencies are authorized to place
orders for goods and/or services without providing approved contract numbers, purchase
order numbers, or release numbers issued by the Buyer. The only exceptions are
Purchasing Card orders and emergencies pursuant to Texas Local Government Code
Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing
Division will place such orders.
5.2 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer may
result in rejection of delivery, return of goods at the Seller's cost and/or non-payment.
6.0 SELLER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice. Each shipping
container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b)
Consignee's name, address and purchase order or purchase change order number; (c) Container
number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container
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bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided.
Goods shall be suitably packed to secure lowest transportation costs and to conform to
requirements of common carriers and any applicable specifications. Buyer's count or weight shall
be final and conclusive on shipments not accompanied by packing lists.
7.0 SHIPMENT UNDER RESERVATION PROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will
operate as a tender of goods.
8.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and
takes possession of the goods at the point or points of delivery after inspection and acceptance of
the goods.
9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES
Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are
specified otherwise in Seller's bid. Buyer agrees to reimburse Seller for transportation costs in
the amount specified in Seller's bid or actual costs, whichever is lower, if the quoted delivery
terms do not include transportation costs; provided, Buyer shall have the right to designate what
method of transportation shall be used to ship the goods.
10.0 PLACE OF DELIVERY
The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase
change order, or release order.
11.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
12.0 INVOICES
12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase
change order after each delivery. Invoices shall indicate the purchase order or purchase
change order number. Invoices shall be itemized and transportation charges, if any, shall
be listed separately. A copy of the bill of lading and the freight waybill, when applicable,
should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's
Department and address as set forth in the block of the purchase order, purchase change
order or release order entitled "Ship to." Payment shall not be made until the above
instruments have been submitted after delivery and acceptance of the goods and/or
services.
12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer
shall furnish a tax exemption certificate upon Seller's request.
13.0 PRICE WARRANTY
13.1 The price to be paid by Buyer shall be that contained in Seller's bid which Seller warrants
to be no higher than Seller's current prices on orders by others for products and services
of the kind and specification covered by this agreement for similar quantities under like
conditions and methods of purchase. In the event Seller breaches this warranty, the
prices of the items shall be reduced to the prices contained in Seller's bid, or in the
alternative upon Buyer's option, Buyer shall have the right to cancel this contract without
any liability to Seller for breach or for Seller's actual expense. Such remedies are in
addition to and not in lieu of any other remedies which Buyer may have in law or equity.
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13.2 Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or
selling agency that is maintained by Seller for the purpose of securing business. For
breach or violation of this warranty, Buyer shall have the right, in addition to any other
right or rights arising pursuant to said purchase(s), to cancel this contract without liability
and to deduct from the contract price such commission percentage, brokerage or
contingent fee, or otherwise to recover the full amount thereof.
14.0 PRODUCT WARRANTY
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will
conform to Buyer's specifications, drawings and descriptions listed in the bid invitation, and the
sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications,
drawings, and descriptions, Buyer's specifications shall govern.
15.0 SAFETY WARRANTY
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise in accordance with
Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach
and cause this contract to terminate immediately.
16.0 SOFTWARE LICENSE TO SELLER
If this purchase is for the license of software products and/or services, and unless otherwise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable,
royalty free license to use the software. This software is "proprietary" to Seller, and is licensed
and provided to the Buyer for its sole use for purposes under this Agreement and any attached
work orders or invoices. The City may not use or share this software without permission of the
Seller; however Buyer may make copies of the software expressly for backup purposes.
17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
Seller warrants that the goods or services do not infringe upon or violate any United
States patent, copyright, or trade secret. Seller will defend at its expense any action
against Buyer or Buyer as licensee to the extent that it is based on a claim that goods
used or services provided used within the scope of the license hereunder infringe upon a
United States patent, copyright or trade secret, and Seller will pay any and all costs and
damages finally awarded against Buyer or Buyer as licensee in such actions which is
attributable to such claim. Should the products or services become, or in Seller's opinion
be likely to become, the subject of any claim of infringement, Seller shall either: (a)
procure for Buyer the right to continue to use the goods or services; or (b) modify the
goods or services to make them non-infringing, provided that such modification does not
materially adversely affect Buyer's authorized use; or (c) replace the goods or services
with equally suitable, compatible, and functionally equivalent non-infringing goods or
services at no additional cost to the Buyer; or (d) if none of the foregoing alternatives is
reasonably available to Seller, terminate this agreement and refund to Buyer the payments
actually made to Seller under this agreement.
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18.0 OWNERSHIP OF WORK PRODUCT
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas,
processes, methods, programs, and manuals that were developed, prepared, conceived,
made or suggested by the Seller for the City pursuant to a Work Order, including all such
developments as are originated or conceived during the term of the Contract and that
are completed or reduced to writing thereafter (the "Work Product") and Seller
acknowledges that such Work Product may be considered "work(s) made for hire" and
will be and remain the exclusive property of the City. To the extent that the Work
Product, under applicable law, may not be considered work(s) made for hire, Seller
hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns
exclusively to Buyer, all rights, title and ownership interests, including copyright, which
Seller may have in any Work Product or any tangible media embodying such Work
Product, without the necessity of any further consideration, and Buyer shall be entitled to
obtain and hold in its own name, all Intellectual Property rights in and to the Work
Product. Seller for itself and on behalf of its vendors hereby waives any property interest
in such Work Product.
19.0 NETWORK ACCESS
The City owns and operates a computing environment and network (collectively the "Network"). If
Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other
network application, Seller shall separately execute the City's Network Access Agreement prior to
providing such services. A copy of the City's standard Network Access Agreement can be
provided upon request.
20.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of
Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which
Buyer may have in law or equity.
21.0 TERMINATION
The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of
Termination" specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
22.0 ASSIGNMENT/DELEGATION
No interest, obligation or right of Seller, including the right to receive payment, under this contract
shall be assigned or delegated to another entity without the express written consent of Buyer.
Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all
purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller
agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by
Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights,
interests, or obligations to another entity. The documents that may be requested include, but are
not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form
W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to
any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to
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provide necessary information in accordance with this section, Buyer shall not be liable for any
penalties, fees or interest resulting therefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
24.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both parties.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with
any applicable bid documents published by the Buyer and Seller's Response to such bid (the
"contract documents"). This Agreement is intended by the parties as a final expression of their
agreement and is intended also as a complete and exclusive statement of the terms of their
agreement. No course of prior dealings between the parties and no usage of trade shall be
relevant to supplement or explain any term used in this Agreement. Acceptance of or
acquiescence in a course of performance under this Agreement shall not be relevant to determine
the meaning of this Agreement even though the accepting or acquiescing party has knowledge of
the performance and opportunity for objection. Whenever a term defined by the Uniform
Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall
control. In the event of a conflict between the contract documents, the order of precedence shall
be these Standard Terms and Conditions, the Buyer's published bid documents and the Seller's
response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall not
apply.
26.0 APPLICABLE LAW/VENUE
This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform
Commercial Code" or"UCC" is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract
shall be governed, construed and enforced under the laws of the State of Texas.
27.0 INDEPENDENT VENDOR
Seller shall operate hereunder as an independent vendor and not as an officer, agent, servant or
employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the
details of its operations hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, vendors and sub-
vendors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its
officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as
creating a partnership or joint enterprise between Buyer and Seller, its officers, agents,
employees, vendors and subvendors.
28.0 INDEMNIFICATION/LIABILITY
SELLER COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD
HARMLESS, AND DEFEND BUYER, ITS OFFICERS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL SUITS OR CLAIMS FOR DAMAGES OR INJURIES, INCLUDING
DEATH, TO ANY AND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT, OMISSION, ANY ACT
OR OMISSION TRIGGERING STRICT LIABILITY,THE VIOLATION OF ANY LAW OR
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REGULATION, OR INTENTIONAL CONDUCT ON THE PART OF THE SELLER, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBVENDORS, AND SELLER DOES
HEREBY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR
SUITS FOR DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT
OF THE PEFORMANCE OF THIS CONTRACT AS A RESULT OF ANY NEGLIGENT ACT,
OMISSION OR INTENTIONAL CONDUCT ON THE PART OF THE SELLER, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES OR SUBVENDORS.
29.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
30.0 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract, then Buyer will immediately notify Seller of such occurrence
and this contract shall be terminated on the last day of the fiscal period for which funds have been
appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions
of annual payments herein agreed upon for which funds shall have been appropriated and
budgeted or are otherwise available.
31.0 NOTICES TO PARTIES
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to
have been delivered three (3) business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attached, addressed to
Purchasing Manager, City of Forth Worth, Purchasing Division, 1000 Throckmorton Street, Fort
Worth, Texas 76102. Notices to Seller shall be conclusively determined to have been delivered
three (3) business days following the day such notice is deposited in the United States mail, in a
sealed envelope with sufficient postage attached, addressed to the address given by Seller in its
response to Buyer's invitation to bid. Or if sent via express courier or hand delivery, notice is
considered received upon delivery.
32.0 NON-DISCRIMINATION
This contract is made and entered into with reference specifically to Chapter 17, Article III,
Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as
amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents,
vendors or subvendors, have fully complied with all provisions of same and that no employee,
participant, applicant, vendor or subvendor has been discriminated against according to the terms
of such Ordinance by Seller, its employees, officers, agents, vendor or subvendors herein.
33.0 IMMIGRATION NATIONALITY ACT
The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and nondiscrimination.
Seller shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Seller shall complete the Employment Eligibility Verification Form (1-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees,
and upon request, provide Seller with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Seller shall
establish appropriate procedures and controls so that no services will be performed by any
worker who is not legally eligible to perform such services. Seller shall provide Buyer with a
certification letter that it has complied with the verification requirements required by this
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Agreement. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this
provision. Buyer shall have the right to immediately terminate this Agreement for violations of this
provision by Seller.
34.0 HEALTH, SAFETY,AND ENVIRONMENTAL REQUIREMENTS
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall
have the right to immediately terminate this Agreement for violations of this provision by Seller.
35.0 RIGHT TO AUDIT
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of
three (3) years after final payment under this contract, and at no additional cost to Buyer, have
access to and the right to examine and copy any directly pertinent books, computer disks, digital
files, documents, papers and records of the Seller involving transactions relating to this contract,
including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees
that the Buyer shall have access, during normal working hours, to all necessary Seller facilities,
and shall be provided adequate and appropriate workspace, in order to conduct audits in
compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any
copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer
shall give Seller reasonable advance written notice of intended audits, but no less than ten (10)
business days.
36.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller
warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis of
disability in the provision of services to general public, nor in the availability, terms and/or conditions
of employment for applicants for employment with, or employees of Seller or any of its subvendors.
Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and
local laws concerning disability and will defend, indemnify and hold Buyer harmless against any
claims or allegations asserted by third parties or subvendors against Buyer arising out of Seller's
and/or its subvendor's alleged failure to comply with the above-referenced laws concerning disability
discrimination in the performance of this agreement.
37.0 DISPUTE RESOLUTION
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations, services rendered or any warranty that arises under this Agreement, the parties shall first
attempt to resolve the matter through this dispute resolution process. The disputing party shall notify
the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The
notice shall state the nature of the dispute and list the party's specific reasons for such dispute.
Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort,
either through email, mail, phone conference, in person meetings, or other reasonable means to
resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection
with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of
receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation
upon written consent of authorized representatives of both parties in accordance with the Industry
Arbitration Rules of the American Arbitration Association or other applicable rules governing
mediation then in effect. If the parties cannot resolve the dispute through mediation,then either party
shall have the right to exercise any and all remedies available under law regarding the dispute.
Revised November 13, 2012
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ATTACHMENT A
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts
or seeks to contract for the sale or purchase of property, goods, or services with a local governmental
entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire")the
person's affiliation or business relationship that might cause a conflict of interest with the local
governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later
than seven days after the date the person begins contract discussions or negotiations with the City, or
submits an application or response to a request for proposals or bids, correspondence, or another writing
related to potential agreement with the City. Updated Questionnaires must be filed in conformance with
Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available
at http://www.ethics.state.tx,us/forms/CIQ,pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Date Received
Local Government Code by a person doing business with the
governmental entity. 12/15/2014
By law this questionnaire must be filed with the records administrator
of the local government not later than the 7th business day after the
date the person becomes aware of facts that require the statement to
be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006,
Local Government Code.
An offense under this section is a Class C misdemeanor.
Ford W. Hall Company Inc.
1. Name of person doing business with local governmental
entity.
2.
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than September 1 of the year for which an activity described in Section 176.006(a), Local
Government Code, is pending and not later than the 7th business day after the date the originally filed
questionnaire becomes incomplete or inaccurate.)
3. Describe each affiliation or business relationship with an employee or contractor of the local
governmental entity who makes recommendations to a local government officer of the local
governmental entity with respect to expenditure of money.
NA
4. Describe each affiliation or business relationship with a person who is a local government
officer and who appoints or employs a local government officer of the local governmental
entity that is the subject of this questionnaire.
NA
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor or other person doing business with local governmental entity Page 2
5. Name of local government officer with whom filer has affiliation or business relationship.
(Complete this section only if the answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer
has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income
from the filer of the questionnaire?
❑ Yes LY No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of
the local government officer named in this section AND the taxable income is not from the local
governmental entity?
❑ Yes 1�r No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
ElYes L(/No
D. Describe each affiliation or business relationship.
NA
6. Describe any other affiliation or business relationship that might cause a conflict of interest.
NA
7,
Chris Daniel After Market Sales Ford W. Hall Company Inc. 12/15/2014
Signature of person doing business with the governmental entity Date
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P.O. No. Q +►�
Bid No. ;'SS18- 10!
FORT WORT
CITY OF FORT WORTH
SOLE SOURCE PURCHASE VENDOR AGREEMENT
This Sole Source Purchase Vendor Agreement ("Agreement") is entered into by and between Ford
Hall Company Inc., ("Vendor") and the City of Fort Worth, ("Customer" or "Authorized
Customer"), a Texas local government entity.
The Vendor agrees to the Terms and Conditions which are attached as Exhibit "A" and incorporated
herein by reference The Conflict of Interest Questionnaire (Exhibit "B"), the Vendor Contact
Information(Exhibit"C"),Vendor's Sole Source Justification Letter(Exhibit"D) and Vendor's Quote
(Exhibit"E)are hereby incorporated by reference."
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
Vendor and Customer have caused this Agreement to be executed by their duly authorized
representatives to be effective as of the date signed below.
Vendor Name: P O C'cX C p: owr N C
Authorized Signature
Printed Name: M0.0 0.0 M AIL
Title:
Date: z�
City of Fort Worth:
Authorized Signature /
Printed Name:
Title:
Date:
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Exhibit A
CITY OF FORT WORTH,TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
1.0 DEFINITION OF BUYER
The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and
subvendors who act on behalf of various City departments, bodies or agencies.
2.0 DEFINITION OF SELLER
The consultant, Vendor(s), supplier, Vendor(s)or other provider of goods and/or services, its
officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity
under a contract with the City of Fort Worth.
3.0 TER
The initial term of the Agreement shall be for a one-year(1)period. Upon the expiration of the
initial term,the Agreement shall renew automatically under the same terms and conditions for
up to four(4) one-year renewal periods,unless City or successful bidder,known hereinafter as
"Vendor",provides the other party with notice of non-renewal at least 30 days before the
expiration of the Initial Term or renewal period.
4.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth(the"City")may be requested by a member
of the public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§
552.002, 552.128(c)(West Supp. 2006).If the City receives a request for a Seller's proprietary
information, the Seller listed in the request will be notified and given an opportunity to
make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the
Seller believes that its information may not lawfully be released. If Seller does not make
arguments or the AG rejects the arguments Seller makes, Seller's information will be released
without penalty to the City.
5.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of Buyer shall have a financial interest,direct or indirect,in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any
land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any
willful violation of this section shall constitute malfeasance in office, and any officer or
employee found guilty thereof shall thereby forfeit his office or position. Any violation of
this section with the knowledge,expressed or implied,of the person or corporation contracting
with the City Council shall render the contract invalid by the City Manager or the City
Council. (Chapter XXVII, Section 16, City of Fort Worth Charter)
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6:0 ORDERS
6.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who
act on behalf of various City departments, bodies or agencies are authorized to place
orders for goods and/or services without providing approved contract numbers, purchase
order numbers,or release numbers issued by the Buyer.The only exceptions are Purchasing
Card orders and emergencies pursuant to Texas Local Government Code Section
252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division
will place such orders.
6.2•Acceptance of an order and delivery on the part of the Seller without an approved contract
number, purchase order number, or release number issued by the Buyer may result in
rejection of delivery,return of goods at the Seller's cost and/or non-payment.
7.0 SELLER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice. Each shipping
container, shall be clearly and permanently marked as follows: (a) Seller's name and address:
(b) Consignee's name, address and purchase order or purchase change order number; (c)
Container number and total number of containers,e.g.,box 1 of 4 boxes; and(d)Number of the
container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise
provided. Goods shall be suitably packed to secure lowest transportation costs and to conform
to requirements of common carriers and any applicable specifications. Buyer's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
8.0 SHIPMENT UNDER RESERVATION PROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading
will operate as a tender of goods.
9.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives
and takes possession of the goods at the point or points of delivery after inspection and
acceptance of the goods.
10.0 DELIVERY TERMS AND TRANSPORTATION CHARGES
Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms
are specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for
transportation costs in the amount specified in Seller's proposals or actual costs, whichever is
lower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall
have the right to designate what method of transportation shall be used to ship the goods.
11.0 PLACE OF DELIVERY
The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase
change order, or release order.
12.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them.Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
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13.0 INVOICES
13.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase
change order after each delivery. Invoices shall indicate the purchase order or purchase
change order number. Invoices shall be itemized and transportation charges, if any, shall
be listed separately. A copy of the bill of lading and the freight waybill, when applicable,
should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's
Department and address as set forth in the block of the purchase order, purchase change
order or release order entitled "Ship to." Payment shall not be made until the above
instruments have been submitted after delivery and acceptance of the goods and/or services.
13.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices.The Buyer
shall furnish a tax exemption certificate upon Seller's request.
13.3 Payment. All payment terms shall be "Net 30 Days" unless otherwise agreed to in
writing. Before the l'payment is due to Seller, Seller shall register for direct deposit
payments prior to providing goods and/or services using the forms posted on the City's
website".
14.0 PRICE WARRANTY
14.1The price to be paid by Buyer shall be that contained in Seller's proposals which Seller
warrants to be no higher than Seller's current prices on orders by others for products and
services of the kind and specification covered by this agreement for similar quantities
under like conditions and methods of purchase. In the event Seller breaches this warranty,
the prices of the items shall be reduced to the prices contained in Seller's proposals,
or in the alternative upon Buyer's option,Buyer shall have the right to cancel this contract
without any liability to Seller for breach or for Seller's actual expense. Such remedies are
in addition to and not in lieu of any other remedies which Buyer may have in law or equity.
14.2Seller warrants that no person or selling agency has been employed or retained to solicit or
secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or selling
agency that is maintained by Seller for the purpose of securing business. For breach or
violation of this warranty,Buyer shall have the right, in addition to any other right or rights
arising pursuant to said purchase(s), to cancel this contract without liability and to deduct
from the contract price such commission percentage, brokerage or contingent fee, or
otherwise to recover the full amount thereof.
15.0 PRODUCT WARRANTY
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished
will conform to Buyer's specifications, drawings and descriptions listed in the proposal
invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between
Buyer's specifications, drawings, and descriptions,Buyer's specifications shall govern.
16.0 SAFETY WARRANTY
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
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product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time,any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise in accordance with
Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach
and cause this contract to terminate immediately.
17.0 SOFTWARE LICENSE TO SELLER
If this purchase is for the license of software products and/or services, and unless otherwise
agreed,Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable,
royaltyfree license to use the software. This software is "proprietary"to Seller, and is licensed
and provided to the Buyer for its sole use for purposes under this Agreement and any attached
work orders or invoices. The City may not use or share this software without permission of
the Seller; however Buyer may make copies of the software expressly for backuppurposes.
18.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
18.1 The SELLER warrants that all Deliverables, or any part thereof, furnished
hereunder, including but not limited to: programs, documentation, software,
analyses, applications, methods, ways, and processes (in this Section each
individually referred to as a"Deliverable" and collectively as the "Deliverables,")
do not infringe upon or violate any patent,copyrights,trademarks, service marks,
trade secrets, or any intellectual property rights or other third party proprietary
rights,in the performance of services under this Agreement.
18.2 SELLER shall be liable and responsible for any and all claims made against the
City for infringement of any patent, copyright, trademark, service mark, trade.
secret, or other intellectual property rights by the use of or supplying of any
Deliverable(s) in the course of performance or completion of, or in any way
connected with providing the services, or the City's continued use of the
Deliverable(s) hereunder.
18.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense,
including the payment of attorney's fees, any claim or action against the City
for infringement of any patent, copyright, trade mark, service mark, trade
secret, or other intellectual property right arising from City's use of the
Deliverable(s), or any part thereof, in accordance with this Agreement, it being
understood that this agreement to indemnify, defend,settle or pay shall not apply
if the City modifies or misuses the Deliverable(s). So long as SELLER bears the
cost and expense of payment for claims or actions against the City pursuant to
this section 8, SELLER shall have the right to conduct the defense of any such
claim or action and all negotiations for its settlement or compromise and to settle
or compromise any such claim; however, City shall have the right to fully
participate in any and all such settlement, negotiations, or lawsuit as necessary to
protect the City's interest, and City agrees to cooperate with SELLER in doing
so.In the event City, for whatever reason, assumes the responsibility for payment
of costs and expenses for any claim or action brought against the City for
infringement arising under this Agreement, the City shall have the sole right to
conduct the defense of any such claim or action and all negotiations for its
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settlement or compromise and to settle or compromise any such claim; however,
SELLER shall fully participate and cooperate with the City in defense of such
claim or action. City agrees to give SELLER timely written notice of any such
claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, the City's assumption of payment of costs or
expenses shall not eliminate SELLER's duty to indemnify the City under this
Agreement.If the Deliverable(s),or any part thereof,is held to infringe and the use
thereof is enjoined or restrained or, if as a result of a settlement or compromise,
such use is materially adversely restricted, SELLER shall, at its own expense and
as City's sole remedy, either: (a) procure for City the right to continue to use the
Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing,
provided that such modification does not materially adversely affect
City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s)
with equally suitable, compatible, and functionally equivalent non-infringing
Deliverable(s) at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to SELLER, terminate this Agreement, and
refund all amounts paid to SELLER by the City,subsequent to which termination
City may seek any and all remedies available to City under law.
19.0 OWNERSHIP OF WORK PRODUCT
Seller agrees that any and all analyses,evaluations,reports,memoranda,letters, ideas,processes,
methods, programs, and manuals that were developed, prepared, conceived, made or suggested
by the Seller for the City pursuant to a Work Order, including all such developments as are
originated or conceived during the term of the Contract and that are completed or reduced to
writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may
be considered"work(s)made for hire"and will be and remain the exclusive property of the City.
To the extent that the Work Product,under applicable law,may not be considered work(s)made
for hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and
assigns exclusively to Buyer, all rights,title and ownership interests, including copyright,which
Seller may have in any Work Product or any tangible media embodying such Work Product,
without the necessity of any further consideration,and Buyer shall be entitled to obtain and hold
in its own name, all Intellectual Property rights in and to the Work Product. Seller for itself and
on behalf of its vendors hereby waives any property interest in such Work Product,
20.0 NETWORK ACCESS
The City owns and operates a computing environment and network(collectively the "Network").
If Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder,and the Seller is required to utilize the Internet,Intranet,email,City database,or other
network application, Seller shall separately execute the City's Network Access Agreement prior
to providing such services. A copy of the City's standard Network Access Agreement can be
provided upon request.
21.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties
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of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies,which
Buyer may have in law or equity.
22.0 TERMINATION
The performance of work or purchase of goods under this order may be terminated in whole or
in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written
"Notice of Termination" specifying the extent to which performance of work or the goods to be
purchased under the order is terminated and the date upon which such termination becomes
effective. Such right of termination is in addition to and not in lieu of any other termination rights
of Buyer as set forth herein.
23.0 ASSIGNMENT/DELEGATION
No interest, obligation or right of Seller, including the right to receive payment, under this
contract shall be assigned or delegated to another entity without the express written consent of
Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally
ineffective for all purposes unless made in conformity with this paragraph.Prior to Buyer giving
its consent, Seller agrees that Seller shall provide,at no additional cost to Buyer, all documents,
as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and
transfer of rights,interests,or obligations to another entity.The documents that may be requested
include, but are not limited to, Articles of Incorporation and related amendments, Certificate of
Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to
withhold all payments to any entity other than Seller, if Seller is not in compliance with this
provision. If Seller fails to provide necessary information in accordance with this section,Buyer
shall not be liable for any penalties, fees or interest resulting therefrom.
24.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by
a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
25.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both parties.
26.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with
any attachments and exhibits. This Agreement is intended by the parties as a final expression of
their agreement and is intended also as a complete and exclusive statement of the terms of their
agreement.No course of prior dealings between the parties and no usage of trade shall be relevant
to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a
course of performance under this Agreement shall not be relevant to determine the meaning of
this Agreement even though the accepting or acquiescing party has knowledge of the
performance and opportunity for objection. Whenever a term defined by the Uniform
Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall
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control. In the event of a conflict between the contract documents,the order of precedence shall
be these Standard Terms and Conditions, and the Seller's Quote.
27.0 APPLICABLE LAW/VENUE
This agreement shall be governed by the Uniform Commercial Code wherever the term"Uniform
Commercial.Code"or"UCC"is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract
shall be governed, construed and enforced under the laws of the State of Texas.
28.0 INDEPENDENT VENDOR(S)
Seller shall operate hereunder as an independent Vendor(s)and not as an officer,agent, servant
or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control,
the details of its operations hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, vendors and sub-
vendors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its
officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as
creating a partnership or joint enterprise between Buyer and Seller, its officers, agents,
employees,vendors and subvendors.
29.0 LIABILITY AND INDEMNIFICATION.
29.1 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY
HIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
29.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO
REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY HIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE
OR LOSS TO SELLER'S BUSINESS,AND ANY RESULTING LOST PROFITS)
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY
INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF
SELLER, ITS OFFICERS, AGENTS, SUBVENDOR(S)S, SERVANTS OR
EMPLOYEES.
30.0 S .VERA I .ITY
In case any one or more of the provisions contained in this agreement shall for any reason,
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
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unenforceability shall not affect any other provision of this agreement, which agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
31.0 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period
for payments due under this contract, then Buyer will immediately notify Seller of such
occurrence and this contract shall be terminated on the last day of the fiscal period for which
funds have been appropriated without penalty or expense to Buyer of any kind whatsoever,
except to the portions of annual payments herein agreed upon for which funds shall have been
appropriated and budgeted or are otherwise available.
32.0 NOTICES TO PARTIES
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined
to have been delivered three(3)business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attached, addressed to
Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth,
Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three
(3) business days following the day such notice is deposited in the United States mail, in a
sealed envelope with sufficient postage attached,addressed to the address given by Seller in its
response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery,
notice is considered received upon delivery.
33.0 NON-DISCRIMINATION
This contract is made and entered into with reference specifically to Chapter 17, Article
III, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth
(1986), as amended, and Seller hereby covenants and agrees that Seller, its employees,
officers, agents,vendors or subvendors, have fully complied with all provisions of same and
that no employee, participant, applicant, Vendor(s)or subVendor(s)has been discriminated
against according to the terms of such Ordinance by Seller, its employees, officers, agents,
Vendor(s)or subvendors herein.
34.0 IMMIGRATION NATIONALITY ACT
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation for all
employees,and upon request,provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Vendor shall provide City with a
certification letter that it has complied with the verification requirements required by this
Agreement.Vendor shall indemnify City from any penalties or liabilities due to violations of this
provision.City shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
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35.0 HEALTH. SAFETY,AND ENVIRONMENTAL REQUIREMENTS
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety,and the environmental laws,requirements,and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer
shall have the right to immediately terminate this Agreement for violations of this provision by
Seller.
36.0 RIGHT TO AUDIT
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration
of three (3) years after final payment under this contract, and at no additional cost to Buyer,
have access to and the right to examine and copy any directly pertinent books,computer disks,
digital files, documents,papers and records of the Seller involving transactions relating to this
contract, including any and all records maintained pursuant to this Agreement. Seller agrees
that the Buyer shall have access, during normal working hours, to all necessary Seller
facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits
in compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of
any copying in accordance with the standards set forth in the Texas Administrative Code. The
Buyer shall give Seller reasonable advance written notice of intended audits, but no less than
ten (10)business days.
37.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990(ADA),Seller
warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis
of disability in the provision of services to general public, nor in the availability,terms and/or
conditions of employment for applicants for employment with,or employees of Seller or any of
its subvendors. Seller warrants it will fully comply with ADA's provisions and any other
applicable federal, state and local laws concerning disability and will defend, indemnify and
hold Buyer harmless against any claims or allegations asserted by third parties or subvendors
against Buyer arising out of Seller's and/or its subvendor's alleged failure to comply with the
above-referenced laws concerning disability discrimination in the performance of this
agreement.
38.0 DISPUTE RESOLUTION
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations,services rendered or any warranty that arises under this Agreement,the parties shall
first attempt to resolve the matter through this dispute resolution process. The disputing party
shall notify the other party in writing as soon as practicable after discovering the claim,dispute,
or breach. The notice shall state the nature of the dispute and list the party's specific reasons for
such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a
good faith effort, either through email, mail, phone conference, in person meetings, or other
reasonable means to resolve any claim, dispute, breach or other matter in question that may
arise out of,or in connection with this Agreement.If the parties fail to resolve the dispute within
sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit
the matter to non-binding mediation upon written consent of authorized representatives of both
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parties in accordance with the Industry Arbitration Rules of the American Arbitration
Association or other applicable rules governing mediation then in effect. If the parties cannot
resolve the dispute through mediation,then either party shall have the right to exercise any and
all remedies available under law regarding the dispute.
39.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Seller acknowledges that in accordance with Chapter 2270 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"shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By
signing this contract, Seller certifies that Seller's signature provides written verification to the City
that Seller:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract.
40.0 INSURANCE REQUIREMENTS
40.1 Seller shall assume all risk and liability for accidents and damages that may
occur to persons or property during the prosecution of work under this Agreement.
Seller shall file with the City of Fort Worth Purchasing Division, prior to the
commencement of services, a certificate of insurance documenting the following
required insurance within five(5) calendar days of notification.
40.2 Policies shall have no exclusions by endorsements which nullify the required lines
of coverage,nor decrease the limits of said coverage unless such endorsements are
approved by the City. In the event a contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional
insurance coverage, and the City desires the Vendor to obtain such coverage,the
contract price shall be adjusted by the cost of the premium for such additional
coverage plus 10%.
40.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance
at the following limits:
$100,000 Each Accident
$500,000 Disease—Policy limit
$100,000 Disease—Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas Workers' Compensation
Act(Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.)and minimum policy limits
for Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee.
40.2.2 Commercial General Liability Insurance including Explosion,Collapse, and
Underground Coverage shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
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P.O. No.
Bid No. :SS18-
Coverage shall include but not be limited to the following:premises/operations,
independent vendors,products/completed operations,personal injury,and
contractual liability. Insurance shall be provided on an occurrence basis, and as
comprehensive as the current Insurance Services Office (ISO)policy.
40.2.3 Auto Liability Insurance shall be provided as follows:
$1,000,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on "Any Auto",defined as
autos owned, hired and non-owned.
40.2.4 The Contractor shall furnish the Purchasing Manager,with a certificate of
insurance documenting the required insurance prior to the commencement of
services.
40.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty-(30)day
notice of cancellation,material change in coverage, or non-renewal of coverage.
40.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an
additional insured, as its interests may appear(ATIMA).
41.0 ADDITIONAL INSURANCE REQUIREMENTS
41.1 The City, its officers, employees and servants shall be endorsed as an
additional insured on Vendor's insurance policies excepting employer's
liability insurance coverage under Vendor's workers' compensation
insurance policy.
41.2 Certificates of insurance satisfactory to the City and Worker's Compensation
Affidavit must be received before Vendor can begin work. Failure to supply
and maintain such insurance shall be a breach of contract.Vendor shall
provide complete copies of all insurance policies required by this Agreement.
Certificates of insurance must be supplied to:
Financial Management Services Department
Attention:Purchasing Division SS#
200 Texas Street
Fort Worth, Texas 76102
41.3 Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.Each
insurance policy shall be endorsed to provide the City a minimum 30 day notice
of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten (10)day notice shall be acceptable in the event of non-payment
of premium.
Sole Source Agreement—Ford,Hall Company Inc
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Bid No. :SS18-
41.4 Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength and
solvency.
41.5 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
41.6 Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups.The City must approve in writing any alternative
coverage.
41.7 Workers' compensation insurance policy(s)covering employees of the Vendor
shall be endorsed with a waiver of subrogation providing rights of recovery in
favor of the City.
41.8 City shall not be responsible for the direct payment of insurance premium costs
for Vendor's insurance.
41.9 Vendor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
41.10 While the purchase order is in effect, Contractor shall report, in a timely manner,
to the Purchasing Department any known loss occurrence that could give rise to
a liability claim or lawsuit or which could result in a property loss.
41.11 Vendor's liability shall not be limited to the specified amounts of insurance
required herein.
Sole Source Agreement—Ford Hall Company Inc
13
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P.O. No.
Bid No. :SS18-
Exhibit B—CONFLICT OF INTEREST QUESTIONNAIRE
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who
contracts or seeks to contract for the sale or purchase of property, goods, or services with a local
governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ
("Questionnaire") the person's affiliation or business relationship that might cause a conflict of
interest with the local governmental entity. By law,the Questionnaire must be filed with the Fort
Worth City Secretary no later than seven days after the date the person begins contract discussions
or negotiations with the City, or submits an application or response to a request for proposals or
bids, correspondence, or another writing related to a potential agreement with the City. Updated
Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is
also available at htti)://www.ethics.state.tx.us/forms/CIQ.ndf.
If you have any questions about compliance,please consult your own legal counsel. Compliance
is the individual responsibility of each person or agent of a person who is subject to the filing
requirement.An offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you
might have with the City,state Vendor name in the#1, use N/A in each of the areas on the
form. However,a signature is required in the#4 box in all cases.
Sole Source Agreement—Ford Hall Company Inc
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P.O. No.
Bid No. ;SS18-
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23,84th Leg„ Regular Session, OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code, Date Received
by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local
governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filedwith the records administrator of the local govemmental
entity not later than the 7th business day after the date the vendor becomes aware of facts
that require the statement to be filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local
Government Code.An offense under this section Is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
FoRD HALL ComPRNy v4C ,
ChecK this box it you are filing an update to a prevlousfy flied questionnaire.
,VIA (The law requires that you file an updated completed questionnaire with the appropriate filing authority not
1{ ,"� later than the 7th business day after the date on which you became aware that the originally filed questionnaire was
incomplete or inaccurate.)
Name of local government officer about whom the information in this section Is being disclosed.
fVr 1A
Name of Officer
This section(item 3 including subparts A, B, C, to D) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIO as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income,from the vendor?
Yes � No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local
government officer named in this section AND the taxable income Is not received from the local governmental entity?
Yes E] No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director,or holds an ownership Interest of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section,
4
VP FoRb 14ALL Co'.Ige, 1 . l
Signature of ve or doing business with ilia governmental entity Date
Adopted 8/7/2015
Sole Source Agreement—Ford Hall Company Inc
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P.O. No.
Bid No. :SS18-
EXHIBIT C-VENDOR CONTACT INFORMATION
Vendor's Name: FO R b A Ll CO 1 t C
Vendor's Local Address: P6 �dx 2 O R lC' L/MDN I7 !�y y ��
Phone: Fax: � � r 3 3 2 LO
Name of persons to contact when placing an order or invoice questions:
I I I
Name/Title j-a`Y bo W ER..\l So l e 5 D) c e ,
Phone: $ 5 9 - (Q 2-`-4 — (D-7 7 Fax: {,
Email: I d W e r rc�h a L l co m
Name/Title M r a(-e I !y" I� �u Ri , k PR�L�C r Mower
ti lv
Phone: g 5 - 6 2 4 - 10 7 -7 _ Fax: 1 6 7 W ` 3 3,Z y_
Email;,- ! fl fYl�,l�'`( 1'P q {'l07 conq
Name/TitieJ n ! 'r e.coyn-h �.
Phone: 5q Vj 7 l{ 1 6 7 7 Fax: t✓tj 332v
Email: C Q, r(t � f U V 0 1 , n--)
VP� he r L Ye I �-w1
I g
Signature Printed Name Date
Sole Source Agreement—Ford Hall Company Inc
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P.O. No.
Bid No. :SS18-
EXHIBIT D—Vendor's Sole Source Justification Letter
"POWP.O. Box 2110 $00 926-2070
@khmond,K7/0476 $5 9 6 2 A-1'0 7 7
.■� $59 424-3320 Fog
awn
Ford Hall
Company, loo,
1=018
Mr.Jerry Pressl1eeyy
VlAage Creek MP cf0 Ft Worth
4500 W16na Lane
Arlington,TX 76012
To Whom a may Concern:
Ford I lld-Cctnpeny Inc,Is-the only authort ed m»nufaniurer for the Weir Wolf 7M IAlgae$weep•
AirtomattanTM Cleaning Equipment systains•for clarifiers and 11116 nem In the U.BA and Ca mda. The
cWstom designed nature or the Indivlduatly bW It Weir.Wolf TM/Aigee,.S reep AutomaWTM Cleaning
Equipment systems;requires that FHC is the only auttlodzed provider at maintenance,fled"wkes,
napiaoameM oarrlponanla and brush for the shave lisped pry, AIt PHC welt oteaning systerrrs are
custom dQsigrled aqd pWJIEfo At lndivkival vlfW#iers artd filiakeners.Th�reiore tfle systerns•err;!not
1pterohangeabla. '►'hereby,requlring eq replaoemeint Parts,components,�rltahea,and servlces•be• •provided bYtha original meogdacturer,Ford Haq Companylrlo.
For questtonffi,of to.racelve quotes on asrrvlces,components,and brushes pleas@ nphlsct Ford Halt
Company Ina,.at the fbPOWing numbers.
Sin MIA.
J LOW (re r
0OH24-
1bwe� corn
Sole Source Agreement—Ford Hall Company Inc
17
Revised 1.21.18cg
P.O. No.
Bid No. :SS18-
EXHIBIT E -Vendor's Quote
FORD HALL COMPANY,INC.
PREVENTATIVE MAINTENANCE PLAN
Village Creek WWTP c/o Ft Worth
Arlington TX 76012
817-392-4960
10/26/2017
Having a Ford Hall Company Preventative Maintenance Program (PMP) In place will protect your Investment
and ensure you will receive maximum performance from your Algae Sweep Automation®/Weir-Wolf®clarifier
cleaning system(s). Maintenance will be done on 19 Algae Sweep Automation®/ Weir-Wolf® clarifier
cleaning systems,by factory trained Ford Hall technlcian(s),so you can expect a high standard of service.
Preventative Maintenance Program --------$ 27381.00 _
(_Visit per year)Brushes are Included.
Customer
Signature: Date PO#
FHC JOB#
The following is an outline of the services provided by the Ford Hail factory technician during a service visit.
A. Brushes
1, Replace all brushes,
2. The position of the brushes in the holders will be checked for position consistency,
ensuring maximum cleaning efficiency.
3. Torque of the brush holder bolts(approximate torque 3-5 foot pounds)will be verified.
This includes channel,weir,baffle and spillway brush holders.
4. Brush arms will be inspected and adjusted as needed. Replacement or a maximum of 1 brush holder per unit
per visit.
B. Spring Maintenance:
1, Springs will be inspected for wear and damage.
2. Damaged,worn or over stretched springs will be replaced(maximum of 2 single springs per unit per visit).
3. Spring tension will he inspected and adjusted if necessary to ensure maximum
cleaning efficiency.
C. Inspect,repair or replace the following if necessary:
1, Ramps over effluent discharge outlet.
2. Ramps over scum box.
3. Stops on collars.,
4.Lock out hooks and rings.
5. All fasteners,including shear pins(if applicable)will be inspected for security purposes.
Any loose fasteners will be tightened.
D. Ford hall Company Inc.field technicians will witness the operation of the weir cleaning systems in all areas of
concern and inspect the effluent surfaces for signs of intermittent cleaning and make any needed adjustments to
maximize cleaning.
E. O&M training: A 30 minute training class for any new or a refresher course for existing personnel will be
offered.
Invoice will be sent upon completion of services.Terms are net 30_PMPs do not qualify for"early payment discounts or delayed payment plans'.Work
quoted is based on normal wear of ASAAMeir-Wolf clarifier cleaning systems as deemed by Ford Hall Company(FHC).H pane are needed,beyond
those provided In the PMP,FHC will quote time and material at the Ume of PMP vislt.FHC Is the axle provider for Gushes,parts,maintenance and
services for the ASAI Weir-Wolf clarifier cleaning systems.Any use of materials not supplied by the FHC I.e.brushes,parts,etc...voids any active
warranties.Modifications to clarifier mechanisms,baffles,weirs,etc.. must be disclosed to FHC before PMP purchase.Due to the custom nature of the
FHC cleaning systems,failure to inform FHC of any Clarifier or Brush system modifications will nullify any warranties and could cancel the PMP FHC
reserves the right to Invoice In part or lull If non disclosed modifications are discovered during PMP visit and void part or all of the PMP.
Sole Source Agreement—Ford Hall Company Inc
18
Revised 1.21.18cg
PA.No.
Bid No. :SS18SS18
P.D. Dfx 2110 000'929-2070,
`ram Ric MAC KY 44478 1159 12 4-10 7 7
869 624-3320 Frx
ago"
t,�wAr
Ford lull
Company, Inc.
Tuesday,January 02,2018
Mr.Jwq Prmley
4600 Wilma Lana Creak WWTP c/o Pt Worth
Adinotm,TA 76012
Jerry,pressley®foslv�orthgovotg '
Dear Jerry:
Ford Hall Company(FHC)is pleAlved to be able to offer you a"trade,W value for your old Algae
Sheep Weir Cleaning,pours towards the ndw Wetr-Wolf systems.
Please note,the Fard Hall Company(FHC)Is the.Sole manufacturer of the.Welt-Wolf autornatoid
for Cladperand Thid4ner Cling. The Weir-Wolf system to rile Olt e(e*ss'*A Weir
ewnin8.system eon*ing'a breakaway compotwth quh Brush holder. elgt>tnA under 160
On installed and uses spring leaded fishes to clean to individual efttuent surfaces:
FHC has over 1;000 units In operatjon at gvar Tg0 Wastewv*f plants. We offers 5 year parts
wanwwy on bur'Bruah systems.
FHQ Is the'holder of patent#8.499.45 AppamaJQ for cleaning Wastewater Treatment Tanks
imp1 mlirtted In 2013 and coven the${roar Sefety?*bro*kowey component In each Brush holder
to AJlQ r the Weer'cleaner to break loos®or free In pass of ones onions up,TMa option protects
the Brushsystern from'addRional damage and protects the clarifiers components(weirs,battles,
skimmer,drives end►notors).This option.ts dow available to our 304ss ur>i<s and Me units.. -
Furthennore,given the custom nature oaf the Brush sus."(...each Wier-Wolf system Wcustorn
nd bide to the.InOviduai dimension a measurements of the clarftrsj,FHC factory trainod
personnel we lire only,per4oMel pern i ted ffi work,servlre;p 4d-or pertly th8 Weir--Wolf Brush
Systems.
I thank you for being o customer and we took forward to'having you as a-customerfor nagny more
Ye"to coma
Since
r
a)as*$ GtOr
Ford Hall Co
040-77e-4113*Wl and Woe mail
1y
Revised 1.21.18cg
P.O. No.
Bid No. :SS18-
�� amoM RO Box 2 1 1 0 800 9 2 6-2 0 7 0
Richmond,KY 40476 859 6 2 4-1 D 7 7
859 624-3320 Fax E-1MAILS
""M WWW.lDfdholl.com
rtsf -
Ford Hall Thursday,January 05,2017
C o M p a n y, I f1 C. Mr-Donald David
Village Creek WWTP c/o Ft Worth
4500 Wilma Lane
Arlington,TX 76012
Donald,davld@fortworthgov.org;jerry.pressiey@fortworthgov.org
Dear Donald:
As a present Ford Hall Company Algae Sweep Automation customer, FHC would also like to make the
following proposal to'trade in"your old ASA system and design, manufacture and install our upgraded,
Weir-Wolf TM debris control system to clean the weirs,baffle,spillways and launder surfaces at your facility.'
Your status as a existing FHC customer, make you eligiable for the trade in offer and a discounted'
installation price.
The patented Weir-Wolf system resembles the older model but comes with several new advancements.
The new Weir-Wolf system is constructed entirely of stainless steel. Our mainframe and attachment
assemblies have been upgrade to 304ss from carbon steel. The Weir-Wolf unit has lower profile Brush
holders which are lighter. Each Weir-Wolf offers the option of a brush holder with our patented Shear
Sa%tyTm(breakaway)feature. Additionally,we have new grooved brushes which make for a more snug fit
reducing brushes "working free from holder". Lastly, we have new Brushes available which are more
abrasion resistant and creating longer brush life.
New Weir-Wolf system typically run $15,000,00 installed per clarifier but with your previous prep work
completed on your clarifiers, the trade in of your older system and your long standing status as a FHC
customer,we are able to pass along a substantial discount.
Each Cleaning systems is custom built based on field measurements taken at the time of installation. It Is
easier and less expensive to trade in the Clarifier Cleaners instead of salvaging,deconstruction,modifying,
rebuilding and re-installing an old system. Our goal is to replace the old Brush system with New Brush
systems(and old one removed)from your site.
The existing Brush systems on clariflem 788 at your site were installed in 1997 that is 20 years In
operation,Given the age and operation of your Clarifier Cleaning systems, We worry that components that
were normally tight have"bored out'and Items that were normally flexible will seize up. Also,replacement
parts from our newer model may not align exactly with the older system and could lead to poor
performance,create problems or cause damage to your Brush systems or your Clarifiers.
Please Zook over the following information and give me a call with any questions or need for additional
information.
Sln rely;
atl al Sales D or
F¢if W.Hall ids,c
(800)928-2D70
Jiowery@fordhall.com
cc: file
enc: proposal,SBDW-001ww drawing
Sole Source Agreement—Ford Hall Company Inc
20
Revised 1.21.18cg
P.O. No,
Bid No. :SS18-
P.O. Box 2 1 1 0 BOB 928-2070
rr+�l
Richmond,KY 40476 8 5 9 6 2 4-1 0 7 7
659 624.3320 Fax
wwwAordhall.com
0
r�
Ford Hall Ford Hall Company proposal for the
manufacture&installation of the Weir-Wolflu debris control system for
Company, Inc. Village Creek WWTP c/o Ft Worth;Arlington,TX
Ford Hall Company will custom design, manufacture&Install a debris control system to provide over
50 points of flexibility and adjustment allowing the automated system to remove algae and debris from
the following surfaces:
Inner Baffle,Outer Baffle, Inner Weir#1,Outer Weir#1, Inner Upper&Lower Launder Wall,
Launder Bottom,Outer Lower&Upper Launder Wall,Inner Weir#2,Outer Weir#2
Once installed and fine tuned, brush replacement is virtually the only maintenance on the Weir-Wolf
system, A typical brush replacement set complete and ready to install will cost approximately
$175.00-$250,00. Brush life varies with the frequency of use but generally averages twelve (12)
months.
Design,manufacture&provide automated 304ss Weir-Wolf debris control
unit(s)- Model:3BDWL-001ASABA
Labor,Hotel&per diems for factory representatives
—Re-use stainless steel ramps over scum box and add any missing(incline&decline)
Re-use stainless steel ramps across effluent discharge outlet
Confirm that all bale bolts have been trimmed to less than 1/4-
Provide and install New 12ft Attachment Assembly to skimmer arm
Provide and install New 10ft Mainframe In 304 stainless steel
Provide,build,install and fine-tune custom designed stainless steel Weir-Wolf system
Provide all adjustments for lock-In/lock-out capability of Weir-Wolf system
-Provide all startup and testing of Weir-Wolf system
Provide updated operations&maintenance training to operators at time of installation
Five year parts warranty(except brushes)
One year labor warranty
Quote for a Custom Designed Weir-Wolf System:
Full Installation
Two(2) New 304 so Weir-Wolf UNITS wi new 304 so Att.assb,MFs&Shear Safety $ 23,986.00
Complete turn key operation with FHC providing all materials, tools, labor, field building of the units,
installation,start up,testing and training. Price includes a 5 year warranty on Weir-Wolf systems excluding
brushes.
-Price quote requires no modMcetlons to the present clarifiers by Ford Hall Company,Inc.,with the exception of the aforementioned, Price Is based
on clarifier coNlgura8one compatible with the Wefr-Wont system.FHC reserves the riAhi for held reproaatUlhros to modMy the Wek Won syali m,Price
does not include any taxes,Ucenses,prevailing wags requfremems or fees associated with working at this site. Price quote Is v#9d for go days.The
Ford Hell Company holds the petard of the Algae sweep Automation system.6 Year warranty Is contingent on the use of brushes provided by the Ford
Hell Company during the wemmty period.
Price Is based on one mobAtra6on to the&fie with consecutive Instaliefion for purchased unds uniess otherwise noted in proposal. If delays occur
due to Improper or negligent handling of lna Installation schedule,additional days or return trips will be charged to die site or contractor,
Sole Source Agreement—Ford Hall Company Inc
21
Revised 1.21.18cg
i
P.O. No.
Bid No. :SS18-
OUg11Wi XW'"M!ii(N.W111P&5 1`01)fW,WIFA 1.1c./A0 W
[aef!ttl+:yl aN V.b7 W71 at tFl;pue-.*Ci top()ills"AP416*1•.R.M.SOMI 0.`11flIAl 41,
CIRVIY S1 19*Wily F as$Y UENV d4 to M af1(FUS.
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04 L>LttER 1141Ra M RK.LW\C rl CIAR'UR CLEAMING
05 `�iFO j'Lt 4A,t'*i fi,Ri LL ir'
5"!5I E.11�
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07 VLI cC EATL'A'.Y lLL 1 0M LiI,I\ct.�� o1`:i"tr _ .. _ G1 a
Sole Source Agreement—Ford Hall Company Inc
22
Revised 1.21.18cg