HomeMy WebLinkAboutContract 53761 C3 3YSECRUARY
GOi' F-UWT NO.- 537� 1
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a home-rule municipal corporation of the State of Texas,
acting by and through its duly authorized Assistant City Manager, and PRECISION FIRE SERVICES
LLC("Vendor") acting by and through its duly authorized representative,each individually referred to as
a"party"and collectively referred to as the`parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B,and C,which are attached hereto and incorporated herein,are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,B, or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions in the body of
this Agreement shall control.
1. SCOPE OF SERVICES.
Vendor shall provide onsite Annual Inspection Testing and Certification of Aerial Devices,
including but not limited to,Fire-Truck Aerial and Ground Ladders("Services"). Exhibit"A,"- Scope of
Services more specifically describes the Services to be provided hereunder.
2. TERM.
This Agreement shall begin on March 15, 2020 ("Effective Date") and shall expire on March 14,
2021 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term").
City shall have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions,for up to four(4)one-year renewal options.
3. COMPENSATION.
City shall pay Vendor in accordance with the provisions of this Agreement and Exhibit"B,"—Price
Schedule. Total payment made under this Agreement for the first year by City shall be in an amount not
to exceed Twenty-Five Thousand Dollars($25,000.00).Vendor shall not perform any additional services
or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in
writing the additional costs for such services.City shall not be liable for any additional expenses of Vendor
not specified by this Agreement unless City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
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4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties.In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement.In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder, Vendor shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor,for itself and its officers,agents and employees,agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in
any way. Vendor shall notify City immediately if the security or integrity of any City Information has been
compromised or is believed to have been compromised,in which event,Vendor shall,in good faith,use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall, until the expiration of three(3)years after final payment under this
contract,or the final conclusion of any audit commenced during the said three years,have access to and the
right to examine at reasonable times any directly pertinent books,documents,papers and records,including,
but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent contractor as to
all rights and privileges and work performed under this Agreement, and not as agent, representative or
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employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City,its officers,agents,servants and employees,and Vendor,its officers,agents,employees,servants,and
subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership
or joint enterprise between City and Vendor.It is further understood that City shall in no way be considered
a Co-employer or a Joint employer of Vendor or any officers,agents,servants,employees or subcontractors
of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractors of Vendor shall
be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or
subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION-VENDOR HEREB Y Co VENANTS AN))A GREES
TOINDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCL UDING DEATH, TO ANYAND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Vendor bears the cost and expense of payment for claims or actions against
City pursuant to this section,Vendor 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 City's interest, and City agrees to cooperate with
Vendor in doing so. In the event City,for whatever reason, assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under this
Agreement, City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim; however,
Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees
to give Vendor timely written notice of any such claim or action,with copies of all papers City may
receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or
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expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,
Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to
continue to use the software and/or documentation;or(b)modify the software and/or documentation
to make it non-infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and/or
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and/or documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid
to Vendor by City,subsequent to which termination City may seek any and all remedies available to
City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assi'gnment. Vendor shall not assign or subcontract any of its duties, obligations or rights
under this Agreement without the prior written consent of City.If City grants consent to an assignment,the
assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be
bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly
liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor shall execute a
written agreement with Vendor referencing this Agreement under which the subcontractor shall agree to be
bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may
apply.Vendor shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Vendor shall provide City with certificate(s) of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
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Employers' liability
$100,000- Bodily Injury by accident;each accident/occurrence
$100,000- Bodily Injury by disease;each employee
$500,000- Bodily Injury by disease;policy limit
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name City
as an additional insured thereon, as its interests may appear. The term City shall
include its employees, officers, officials, agents, and volunteers in respect to the
contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City.Ten(10)days' notice shall be acceptable in the
event of non-payment of premium.Notice shall be sent to the Risk Manager, City
of Fort Worth,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas.All insurers must have a minimum rating of A- VII in the current
A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules
or regulations, Vendor shall immediately desist from and correct the violation.
12. NON-DISCRINIINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
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THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST,
VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY
AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party; its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested,addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Precision Fire Services LLC
Attn: City Manager's Office 2836 Saddlebred Trail
200 Texas Street Celina,TX 75009
Fort Worth,TX 76102-6314
Facsimile: (817)392-8654
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
contractor,any person who is or has been employed by the other during the term of this Agreement,without
the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its govermnental powers or immunities.
16. NO WAIVER.
The failure of City or Vendor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
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18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Vendor shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only,shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B,and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification,or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A,B and C, contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a high quality and conform to generally prevailing
industry standards.City must give written notice of any breach of this warranty within thirty(30)days from
the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use
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commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or
(b)refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Vendor employee who is not legally eligible to perform such services. VENDOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. City,upon written
notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Vendor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,
and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due,or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of Vendor whose name,title and signature is affixed on
the Verification of Signature Authority Form,which is attached hereto as Exhibit"C". Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records.The president of Vendor or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9,documents filed with the state
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indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement.Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the
City is prohibited from entering into a contract for goods or services with a company with 10 or more full-
time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds
of the City 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 term "boycott Israel" has the
meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company"shall have
the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that
Chapter 2270 of the Government Code is applicable to this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1)does not boycott Israel;
and(2)will not boycott Israel during the term of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on
the dates set forth in Section 2.
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
By: of this contract, including ensuring all
Name: Jesus Chapa performance and reporting requirements.
Title: C,Deputy City Manager
Date: G �a Y a C'
By:
APPROVAL RECOMMENDED: Name: Alan Shuror
Title: Sr.Financial and Administrative
Services Manager
i
APPROVED AS TO FORM AND LEGALITY:
By:
4: Steve Cooke
Title: Director,Property Management
Department
By:
Na ichard McCrac
ATTEST: Ti e: Assistant City orney
CONTRACT AUTHORIZATION:
M&C:
B !..........
ame: ry se
Title: City e retary '
VENDOR: -_
,.._ATTEST:
By; a A By: 2,111iA��l'l'y
Name: Michael Pe Name: Jennifer Perry
Title: Owner/Operator Title: Witness
Date: 03/19/2020
i
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EXHIBIT A
SCOPE OF SERVICES
FORT WORTH..,
"Ir-
FIRE AERIAL INSPECTIONS AND CERTIFICATIONS
SCOPE OF WORK
PURPOSE
Vendor shall provide City with onsite Annual Inspection Testing and Certification of Aerial Devices,
including but not limited to,Fire-Truck Aerial and Ground Ladders. Inspections,Testing,and
Certifications are on an as-needed basis and Vendor shall supply the City with equipment maintenance,
labor and parts to service,repair,and maintain emergency response vehicles in the City's fleet.
1.0 DEFINITIONS
a. Non-destructive testing(NDT)is testing that includes,but is not limited to,
ultrasonic,radiographic,magnetic,penetrant,eddy current,visual,mechanical,
leak/vacuum,and infrared.
b. Aerial Device means ladder fire trucks,ground ladders,forklifts,aerial man lifts,
and other various lifting devices.
C. Fleet Service Center is a term used to designate any City facility where the rolling
stock are: inspected,tested,and certified.
d. American National Standards Institute(ANSI) is an organization that oversees the
creation, official notification,and use of norms and guidelines used by various
industries, including the inspection and testing of aerial devices and ladders.Their
website is http://www.ansi.org.
e. American Society for Nondestructive Testing(ASNT)is an organization that promotes
the profession and technologies of non-destructive testing through publishing,
certification,research,and conferencing.ASNT is a third-party certification body
accredited by ANSI. Their website is:http://www.asnt.org.
NDT Level 11:An individual possessing a currently valid ASNT NDT Level II
Certificate and certified in accordance with ASNT CP-189-2011
NDT Level III:An individual possessing a currently valid ASNT NDT or PDM Level
III Certificate or ACCP Professional Level III Certificate and certified in accordance with
ASNT CP-189-2011.
f. American Welding Society(AWS)is a nonprofit organization whose mission is to
advance the science,technology,and application of welding and allied joining and
cutting processes, including brazing,soldering,and thermal spraying. Their website is
litter//www.aws.org.
g. American Society of Mechanical Engineers(ASME)is a not-for-profit professional
organization that enables collaboration,knowledge sharing,and skill development across
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all engineering disciplines. Their website is http://www.asme.org.
h. American Society for Testing and Materials(ASTM)is a global organization that is the
recognized leader in the development and delivery of international voluntary consensus
standards.ASTM standards are used to improve product quality,enhance safety,facilitate
market access and trade,and build consumer confidence.Their website is
http://www.astm.org.
i. Environmental Protection Agency(EPA)is the federal agency whose mission is to
protect human health and to safeguard the natural environment--air,water,and land--
upon which life depends.Their website is http://www.epa.gov.
j. Hazardous Materials are any substances,materials, or wastes that are or become
regulated as hazardous or toxic substances under any applicable federal,state,or local
laws,regulations,ordinances, or orders.
k. Inspect(Inspections)determine the condition or operation of a components)by
comparing its physical,mechanical,and/or electrical characteristics with established
standards,recommendations,and requirements through examination by sight,sound,or
feel.
1. National Fire Protection Association(NFPA)is an international nonprofit organization,
which provides and advocates consensus codes and standards,research,training,and
education.The NFPA is the authority on fire, electrical and building safety
organization. Their website is http://www.nfpa.org.
in. Occupational Safety and Health Administration(OSHA)is an or
that ensures
safe and healthful working conditions for working men and women by setting and
enforcing standards and by providing training,outreach,education and assistance.Their
website is http://www.osha.gov.
n. Pull Test is a test designed to provide information on proof stress,yield point,tensile
strength, elongation, and reduction of area.
o. Society for Non-Destructive Testing Technical Communication 1 (SNT-TC-IA) is the
ASNT recommended practice for an employer-based system for the Qualification and
Certification of Nondestructive Testing Personnel. The recommended practice published
by ASNT.Following are descriptions of the certification levels.
Level II: Qualified to set up and calibrate equipment and interpret and evaluate results as
per applicable codes,standards,and specifications and be familiar with technique
limitations. Organize and report the results. Should exercise assigned responsibility for
on-the-job training and guidance of trainees and Level I personnel.
Level III: Qualified to develop,qualify,and approve procedures,establish techniques,
interpreting codes,and standards.Have sufficient practical background in applicable
materials,fabrication,and product technology and capable of training and examining
Level I and II personnel.
P. Test(Testing) is to verify serviceability by measuring the mechanical,pneumatic,
hydraulic,or electrical characteristics of an item and comparing those characteristics with
prescribed standards.
q. Texas Commission on Environmental Quality(TCEQ)is an environmental agency for
the state whose mission is to protect the state's human and natural resources consistent
with sustainable economic development.Their website is http://www.tceq.state.tx.us/.
r. Practice meets the guidelines of SNT-TC-1A for an employer-based program that
details the requirements for qualification and certification of their employees. The
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Contractor's NDT Level III individual shall review and approve the contractor's Written
Practice.
2.0 INTENT
a. Vendor shall provide inspection and testing services using the most current standards
applicable to the performance of the services described including ASTM,ANSI,ASME,
ANST,NFPA AND OSHA.
b. Vendor shall conduct Aerial Ladder Inspection and Testing(for equipment covered
by the current FPA 1911,fire apparatus equipped with an aerial ladder, an elevating
platform or a water tower)
C. Vendor shall conduct Aerial Ladder I Lifting Device Inspection and Testing(for
equipment covered by the current OSHA 29 CFR Part 1926.1501;truck mounted mobile
cranes 2,000 pounds capacity and under(not covered by ASME 830.5).
d. Vendor shall conduct Aerial Ladder I Lifting Device Inspection and Testing(for
equipment covered by the current OSHA 29 CFR Part 191 0.178;fork trucks,tractors,
platform lift trucks,motorized hand trucks,and other specialized industrial trucks
powered by electric motors or internal combustion engines).
e. Vendor shall conduct Aerial Ladder I Lifting Device Inspection and Testing(for
equipment covered by the current ANSI A92.2;vehicle-mounted elevating and rotating
aerial devices).
f. Vendor shall conduct Aerial Ladder I Lifting Device Inspection and Testing(for
equipment covered by the current ANSI A92.3; manually propelled elevating aerial
platforms).
g. Vendor shall conduct Aerial Ladder I Lifting Device Inspection and Testing(for
equipment covered by the current ANSI A92.5;boom-supported elevating work
platforms).
h. Vendor shall conduct Aerial Ladder I Lifting Device Inspection and Testing(for
equipment covered by the current ANSI A 10.31 ;digger derricks).
i. Vendor shall conduct Aerial Ladder Inspection and Testing(for equipment covered
by the current FPA 1911, fire apparatus equipped with an aerial ladder,an elevating
platform or a water tower)
j. Vendor's test equipment shall be mobile in order to conduct all testing at City
locations.
k. Vendor shall provide all labor,equipment,materials,tools,supervision,and
transportation required to perform the services described herein.
1. Vendor shall not allow trainees to conduct the actual inspection and testing.
M. Vendor shall provide two(2)Level II Technicians meeting the qualifications specified
in Section 5 for each inspection and testing performed under this contract.
n. Vendor shall conduct inspections at multiple City maintenance sites listed on Section 12.
o. Vendor shall restore to its pretest condition any safety device disconnected or
overridden to be inoperable for testing or inspection purposes.The unit shall be retested
as required to show the safety device is functioning properly
P. Vendor shall be responsible for any damage by the Vendor or Vendor's Subcontractor
to City equipment,buildings,and/or property.Any damage shall be repaired at the
Vendor's expense.
q. Vendor shall be responsible for risk of loss or damage to all items in the care,custody,
and control of the Vendor until accepted by the Fleet Service Center Supervisor or
designee.
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r. Vendor shall not represent nor be a manufacturer of any aerial-ladder
equipment.
S. Vendor shall provide thorough inspection and testing of the mechanical,structural,
electrical,hydraulic,and safety systems of each unit.
t. The requirement to test and recertify the rated lifting/load capacity of cranes,boom
trucks,and other lifting devices is essential to the agreement.
3.0 INSPECTION,TESTING& CERTIFICATION RESPONSE TIME&FREQUENCY
a. Vendor shall respond to the City of Fort Worth within 48 hours of
service request.Vendor's maximum response time and scheduling shall be no greater
than five days total.
b. Vendor shall conduct all service work during normal business hours,which are 7:30
a.m.to 11:30 p.m.Monday through Thursday and 7:30 a.m.to 3:30 p.m. on Fridays
unless expressly authorized by the City. Any deviation from this timeframe shall require
written approval from the Fleet Service Center Supervisor(s)or their designee.
C. Vendor shall perform NDT testing on a scheduled annual basis.
d. Vendor shall inspect and test Waterway during every service and inspection with
no additional charge.
e. Vendor shall inspect&test safety interlock during every service and inspection.
f. Vendor shall provide certifications on a pass/no pass basis.
4.0 INSPECTION AND TESTING REQUIREMENTS FOR FIRE AERIAL DEVICES
a. Vendor shall ensure that all aerial-ladder inspections are in accordance with the latest
edition of NFPA 1911. Chapter 19 standard requirements.
b. Vendor shall provide and specify the point of inspection and the results of such
examinations and test on the Examination and Test Report,proof of compliance shall be
required.
C. Vendor's inspection and testing shall include the following:
i. rotation beating clearance and backlash;
ii. critical mounting bolt grade and torque;
iii. Elevation cylinder drift tolerance;
iv. Extension cylinder drift tolerance;
V. Outrigger cylinder drift tolerance;
vi. Hydraulic relief pressure;
vii. Ladder section twist;
viii. Conductivity and hardness for aluminum devices;
ix. Hollow I-beam base-rails thickness;
X. Rated load of the device;and
xi. Maximum rated working pressure of water system.
d. Vendor shall include a complete visual inspection,a complete non-destructive inspection
of the aerial ladder,and all load,drift,oil analysis, and waterway tests per NFPA 1911.
Vendor's techniques utilized shall include,but will not be limited to,ultrasonic
inspection,magnetic particle inspection,dye penetrant inspection,and NDT techniques.
e. Vendor shall agree to City personnel being present to observe all testing.
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5.0 RE-INSPECTIONS AND INSPECTIONS OTHER THAN ANNUAL
a. Vendor shall forward a passing report to the Fleet Service Center Supervisor or
designee immediately upon receipt of the repair report.
b. Vendor shall not conduct a load test, if a unit has major defects(CAT I and II),until
repairs are made and the repair work is inspected and found to be acceptable by the
Vendor.
C. The Fleet Service Center Supervisor or designee will contact the Vendor for re-inspection
and retesting of failed units after repairs have been completed on the failed units. This re-
inspection shall be conducted at the repair facility designated by the Fleet Service Center
Supervisor within ten(10)business days following notification of completion of repairs.
d. Vendor shall conduct re-inspections and testing in compliance with this Statement of
Work.
6.0 QUALIFICATIONS
a. Vendor shall,if the Vendor certifies its own employees,have a"Written
Practice"in accordance with ASNT SNT-TC-IA in place for the control and
administration of NDT personnel training,examination, and certification.The
Vendor's Written Practice shall be reviewed and approved by the Vendor's NDT
Level III certification.
b. Vendor shall submit a signed copy of their Written Practice.
C. Vendor shall have an operational inspection and testing organization equipped with
the personnel,equipment,licenses,certifications, and supplies necessary for performing
the required services under the agreement.
d. The City reserves the right to inspect the Vendor's or the Vendor's Subcontractor's,
licenses,and certifications.
e. Vendor shall provide a copy of the certification of employee or employer,showing that
they are qualified to provide the required services. (Vendor's Written Practice)
f. Vendor shall have a minimum of two(2)fully qualified Level II Technicians
certified to perform inspections according to ASME,ASNT,and OSHA standards to
conduct the specified tests.
g. Vendor shall provide documentation that indicates technicians are American Society for
Nondestructive Testing(ASNT)CP-189 certified and have had sufficient training with a
minimum of three(3)years hands-on experience within the last five(5)years.
h. Vendor shall provide documentation showing that all Level II and III technicians are
certified in accordance with the most current version of ASNT CP-189-2011 or the most
current version of SNT-TC- IA.All inspectors shall also be trained and certified in
accordance with OSHA,ASME,and ANSI guidelines.Proof of OSHA,ASME,
and ANSI training and certification shall be provided to the City within five(5)working
days after request by the City.
i. The City will verify all ASNT Certifications through the American Society for
Nondestructive Testing(e.g.the Certificate Holder Directory at
(littps://www.asiit-orgicertificatit .
j. Vendor shall have technicians performing the inspection and testing be proficient in the
operation of the aerial device or ground ladder and knowledgeable in its systems and
design.
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7.0 REPORTS
a. Vendor shall provide an informal, on-site(handwritten or computer-generated)copy of
the inspection and testing report and/or certificate of each unit to the Fleet Service
Center Supervisor,upon completion of each inspection and testing.
b. Vendor shall provide a formal computer-generated report within three(3)calendar
days.
This report shall address all areas of NFPA 1911.The report shall contain all defects
found and a recommended course of action concerning each aerial device.When the
aerial unit successfully meets all NFPA 1911 (latest edition)requirements,the Vendor
shall issue a certificate of Aerial Lift Device Examination and Testing stating the unit
complies with NFPA 1911,latest edition.A certification self-adhesive sticker shall be
mounted in a location approved by AFD,stating the date of test, inspection Vendor,and
the aerial ladder is in compliance with NFPA 1911.
8.0 INVOICES
a. 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 purchase order number to
the vendor during this process.
b. A properly prepared invoice shall be computer printed and shall include the Vendor's
name and federal tax-identification number,invoice number,address,date,service
or item description,unit price,extended cost,City issued purchase order and release
number.Incomplete or inaccurate invoices may result in delayed payments,as they
shall be returned to the Supplier for correction and re-submittal.All freight will be
F.O.B.Fort Worth.
C. A City of Fort Worth representative on site must sign all vendor invoices/repair orders
for service.
d. The Vendor shall provide an itemized invoice to the Fleet Service Center Supervisor or
their designee,upon completion of each inspection and testing.The invoice shall
include the following information: date inspection and testing were authorized,list of
type of inspection and testing made,date inspection and testing were completed,number
of labor hours associated with the inspection and testing,inspection and tested unit
identification(either unit number,license plate,or VIN)
e. Discount allowed for prompt payments within 30 days.Discount allowed: %None
Enter none if no discount intended.
f. All charges must be identified on vendor's invoice billing statement,listed LINE
by LINE by individual charges.
g. The Vendor should submit all invoices via email to City of Fort Worth,Fleet
Division at: ESD_ContractCompliancelnvoicing@fortworthtexas.gov(preferred)
or mailed to:4100 Columbus Trail,Texas, 76115.
9.0 SERVICE LOCATIONS
a. The attached list for all PMD/FLEET facility sites and addresses are provided as a
reference for the tenure of the agreement,The City of Fort Worth reserves the right
to add/delete any additional locations as required.
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PMD/FLEET Service Center designated locations for Testing,Inspections,and Certifications:
INSPECTION ADDRESS CONTACT NAME PHONE NUMBER
SITES &EMAIL
North Service 309&317 Hillshire Dr. Jason Galloway 817-392-6660
Center Fort Worth,TX 76052 Jason.Galloway@fortworthtexas.gov
James Anderson 817-392-6772
Jam es.Anderson@fortworthtexas.gov
James Avenue 5021 James Ave Jason Galloway 817-392-6660
Service Center Fort Worth,TX 76115 Jason.Galloway@fortworthtexas.gov
James Anderson 817-392-6772
James.Anderson@fortworthtexas.gov
Fire Department 2920 W Bolt St Jason Galloway 817-392-6660
Fort Worth,TX 76110 Jason.Galloway@fortworthtexas.gov
James Anderson 817-392-6772
James.Anderson fortworthtexas. ov
10.0 ESTIMATED QUANTITIES
a. Vendor shall send confirmation and a cost estimate to The Fleet Service
Center Supervisor(s)or designee within one(1)business day of receiving a list
of equipment for inspection and testing.
b. The Fleet Service Center Supervisor or designee will provide written authorization to
proceed with the inspection and testing after evaluating the estimate.Authorization
shall include a unique delivery order number.The Vendor is not authorized to proceed
with inspection,testing based on verbal authorizations and assumes all liability and
responsibility for inspection,and testing performed based on such verbal authorizations.
C. Vendor will be required to provide written estimates to City PMD/FLEET
personnel before the start of any work.The estimates may be emailed to the
PMD/FLEET employee(s)and/or PMD/FLEET shop location who requested
the services to be completed.
d. Estimates must be approved and authorized by City PMD/FLEET personnel in
writing(email,fax or written)prior to work being performed.
e. Original invoices submitted to the City for work performed cannot be greater than
initial estimate provided unless approved by City PMD/FLEET in writing. If
during the course of the originally estimated repairs,it is noted that further repairs
will be needed,a revised estimate must be prepared by Vendor for the additional work.
f. If City vehicle or equipment is serviced by a Vendor for warranty work,an
estimate provided by the Vendor to the City shall state `Warranty Service.'
g. All estimates provided by Vendor will be quoted on a`time and materials' basis,
adherence to the agreed upon contract rate(s)and itemized to illustrate the cost of
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each of the following, if applicable to the service or work performed: cost of part(s)to be
installed, cost of labor to perform repair and/or installation; itemized by labor hours
except when estimated as a turnkey project/job,inspection/diagnostic fees,shop fees,
environmental/hazardous disposal material fees,extended warranties,if optioned and
transportation fees,if any,for pick-up or delivery.
h. Shop fees,miscellaneous fees or unspecified costs may not be charged to the
City unless approved and authorized by P1vID/FLEET Contract Compliance
and such fees are included in Exhibit B.
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EXHIBIT B
PRICE SCHEDULE
a
Precision Fire Services,LLC
City of Fort Worth
Aerial Device Inspection
-Price Sheet-
Service Price
Annual Aerial Device Inspection—1 full day $1060.00/unit_
5-Year-(NDT)—1 full day $880/unit
Annual Aerial Device Inspection with 5-Year NDT(2 Day Inspection) $1940.00/unit
Re-Inspection(for certification) - $410 min fee or$110 per hour(Including-
drive time)._Whichever is greater.
NDT/Weld Inspection $410 min fee or$110 per hour(including
drive time). Whichever is greater.
Incomplete Inspection(due to weather or mechanical failure) $410 min fee or$110 per hour(including
drive time). Whichever-is greater.
Vendor Services Agreement
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EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
PRECISION FIRE SERVICES LLC
2836 SADDLEBRED TRAIL
CELINA,TX 75009
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor.City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/ EO
Other Title:
Date: 03/20/2020
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