HomeMy WebLinkAboutContract 55651CSC No. 55651
CONTRACTOR SERVICES AGREEMENT
QUINCY COMPRESSOR, LLC
SOLESOURCE
This CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into by
and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting
by and through its duly authorized Assistant City Manager, and Quincy Compressor, LLC., an entity
authorized to perform work in Texas, acting by and through its duly authorized. This Agreement shall be
effective as of the Effective Date established herein,
AGREEMENT DOCUMENTS:
The additional documents comprising this Contractor Services Agreement shall include the
following:
1,
2.
3,
4.
5,
6.
7.
Attachment A— Standard Terms and Conditions Parts I and II
Attachment B— The City's Sole Source Scope Request;
Attachment C— Contractor's Response to City's Sole Source Request;
Attachment D— Insurance and Bonds;
Attachment E- Verification of Signature Authority Form;
Attachment F— ConFlict Of Interest Disclosure Requirement;
Attachment G— Vendor's Contact Information.
Attachments A- D, are incorporated herein and made a part of this Agreement for all purposes, In the
event of any conflict between the terms and conditions of Attachments A- C and the terms and conditions
set forth in the body of this Agreement, the terms and conditions of this Agreement shall control.
1. SCOPE OF SERVICES
Contractor hereby agrees to provide OEM Quincy Compressor Preventative Maintenance Service
and Parts for the City of Fort Worth Water Department as per Attachments B and C which more
speciiically describe the services to be provided hereunder.
2. TERM
This Agreement is effective as of the date subscribed below by the City's designated Assistant
City Manager ("Effective Date") and shall expire on the immediately following September 30'" ("Initial
Term"). 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 (October l to September 30) and for a
fifth renewal period which shall expire on the month and day of the Effective Date creating a five year
total duration. City may elect or Contractor may request a non-renewal by providing the other party with
notice of same at least 60 days before the expiration of the Initial Term or any renewal period.
3. COMPENSATION
City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B. The
annual contract amount under this Agreement, per term, shall be the amount of or up to 130 000.00.
For any term that is less than a full year, the Contract Amount shall be pro-rated based on the number of
calendar months in the term and work performed. The Contract Amount shall not change in any
subseyuent renewal period, except as provided in the ITB. Contractor shall not perform any additional
services or bill for expenses incurred for City not speciiied by this Agreement unless City requests and
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
approves in writing the additional costs for such services. City shall not be liable for any additional
expenses of Contractor not specified by this Agreement unless City first approves such expenses in
writing.
4. TERMINATION/CANCELLATION
Termination: The City reserves the right to terminate this agreement, or any part hereof, with or
without cause, for its sole convenience, The City shall deliver to Contractor 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. �
In the event of such termination, the Contractor shall immediately stop all work hereunder and
shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor
shall be paid a percentage of the agreement price ref7ecting the percentage of the work performed prior to
the notice of termination, plus reasonable charges the Contractor can demonstrate to the reasonable
satisfaction of the City, incurred as a result of the termination. In no event shall the total of all amounts
paid to the Contractor under this section exceed the price stated in the Agreement. The Contractor shall
not be reimbursed for any pro�t which may have been anticipated, but which have not been earned up to
the date of termination.
Cancellation: City shall have the sole right to cancel this contract prior to the commencement of
work should there be a change in the need for the product or services as determined by the Department
Head or his/her Assistant City IVianager.
Non-Appropriation of Funds: In the event no funds or insufficient funds are appropriated and
budgeted in any fiscal period for payments due under this contract, then City will immediately notify
Contractor of such occurrence and this contract shall be terminated on the last day of the fiscai period for
which funds have been appropriated without penalty or expense to City 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.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION
Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full
disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Contractor hereby agrees immediately to make full disclosure to City in writing.
Confidential Information. Contractor, for itself and its of�cers, 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.
Unauthorized Access. Contractor 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. Contractor 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, Contractor 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.
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6. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Contractor shall operate as an independent Contractor
as to all rights and privileges and work performed under this Agreement, and not as an agent,
representative or employee of City. Subject to and in accordance with the conditions and provisions of
this Agreement, Contractor shall have the exclusive right to control the details of its operations and
activities and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondeat
superior shall not apply as between City, its ofiicers, agents, servants and employees, and Contractor, its
officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between City and
Contractor. It is further understood that City shall in no way be considered a co-employer or a joint
employer of Contractor or any of�cers, agents, servants, employees or subcontractor of Contractor.
Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be
entitled to any employment benefits from City. Contractor 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
subcontractor,
7. LIABILITY AND INDEMNIFICATION
LlABILITY - CONTRACTOR 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 OMISSlON(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, IT5 OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINES5 AND
ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, ARlSING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE
OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
S. ASSIGNMENT
Contractor shall not assign 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 Contractor under which the assignee agrees to be bound by the duties
and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly liable for all
obligations of Contractor under this Agreement prior to the effective date of the assignment.
9. INSURANCE AND BONDING
Contractor shall provide City with certificate(s) of insurance documenting policies of the types
and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect
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prior to commencement of any work pursuant to this Agreement as provided for in Attachments D or D-1
(if applicable).
10, COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS
Contractor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and ]ocal 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 as set forth in Attachment A, Part II, Section 14. If City noti�es
Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately
desist from and correct the violation.
11. NON-DISCRIMINATION COVENANT
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor'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, including Chapter 17, Article III, Division 3 of the Fort
Worth Code. I� ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES,
ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES
TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD
CITY HARMLESS FROM SUCH CLAIM.
12. NO�
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, sarvants or
representatives, (2) delivered by electronic means with electronic con�rmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows;
To CITY:
City of Fort Worth
Attn: Darla Morales, Parts Material Supervisor
200 Texas Street
Fort Worth, TX 76102-6314
Email: Darla.Morales@fortworthtexas.gov
Phone: 817-392-4932
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To CONTRACTOR:
Contractor business name
Quincy Compressor LLC,
_Grant.Pugh
Phone: 214-356-1139
Facsimile:
Email:
13. SOLICITATION OF EMPLOYEES
Neither City nor Contractor 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,
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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 independently responds to a general solicitation of
advertisement of employment by either party.
14. GOVERNMENTAL POWERS
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
15. NO WAIVER
The failure of City or Contractor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
16. 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.
17. 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.
18. FORCE MA.IEURE
City and Contractor 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, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority and/or any other similar causes.
19. AMENDMENT5/ 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.
20. ENTIRETY OF AGREEMENT
This Agreement, including its attachments and exhibits, contains the entire understanding and
agreement between City and Contractor, their respective 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.
21. WARRANTY
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Contractor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. Contractor warrants that it will perform all services under this contract in a
safe, ef�cient and lawful manner using industry accepted practices, and in full compliance with all
applicable state and federal laws governing its activities and is under no restraint or order which would
prohibit performance of services under this contract, This warranty, as to services, shall expire 30 days
from the date of the particular site visit. Additional specific warranty provision are found in Attachment
A, Part I, Sections 9-13, All warranty provisions shall survive the expiration of this Agreement. THE
FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES (WHETHER WRITTEN, ORAL, IMPLIED, OR OTHERWISE), AND ALL
OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY
EXPRESSLY DISCLAIMED. If Contractor provides parts in connection with the service,
Contractor warrants that the parts are free of defects in material and workmanship; this warranty
shall expire ninety (90) days from the date City accepts such part and service. If service (and/or
parts provided in connection therewith) does not meet the above-stated warranties, City shall
promptly within the applicable above-stated warranty period noNfy Contractor in writing.
Contractor shall as its sole responsibility under warranty (i) re-perform the non-conforming
portion of the service and (if applicable) repair or (at City's option) replace the nonconforming
part, or (ii) provide a refund or credit allocable to the nonconforming portion of the service/part.
Contractor also offers different warranties on specific models in its portfolio, not to be
less than 18 months from shipment and 12 months after start up. Some models carry speci�c
component warranties for longer durations- from 2yrs-l0yrs. For purchases of equipment,
warranty shall be defined in Contractor's yuotation.
City shall give written notice of a breach of any warranty within thirty (30) days from the date
that the cause for same is discovered.
22. PROHIBITION ON CONTRA,CTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, if Contractor has ]0 or more full time-employees and the contract value is
$100,000 or more, 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, Contractor certi�es that Contractor's signature provides written
veritication to the City that if Chapter 2270, Texas Government Code applies, Contractor: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract.
23. LICENSES AND PERMITS
Contractor certifes that on the day work is to commence under this contract, and during the
duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses
and permits necessary for the provision of services under this contract,
Contractor also certifies that if it uses any subcontractor in the performance of this agreement,
that such subcontractor shall have and maintain current valid and appropriate federal and state licenses
and permits necessary for the provision of services under this contract.
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24. CON5EOUENTIAL DAMAGES
UNDER NO CIRCUMSTANCES SHALL CONTRACTOR BE LIABLE FOR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES INCLUDING BUT
NOT LIMITED TO LOSS OF PROFITS OR REVENUE.
25. LIMITATION OF LIABILITY
EXCEPT FOR INDEMNITY CLAIMS UNDER SECTION 7 WHICH ARE NOT CAPPED, THE
TOTAL LIABILITY, IN THE AGGREGATE, OF CONTRACTOR ARISING FROM OR
RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO PERFC?RMANCE
OR BREACH THEREOF) AND/OR THE SERVICE SHALL BE LIMITED TO AMOUNTS
RECEIVED BY CONTRACTOR UNDER THIS AGREEMENT IN THE 12 MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
26. 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.
27. REVIEW OF COUNSEL
The parties acknowledge that each party and its counsel have had an opportunity to review and
revise 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 its
attachments.
28. 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.
29. SIGNATURE AUTHORITY
The person signing this Agreement her�by 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 Contractor whase name, title and
signature is affixed on the Verification of Signature Authority Form, which is attached hereto as
Attachment E. Each party is fully entitled to rely an these warranties and representations in entering into
this Agreement or any amendment hereto.
ACCORDINGLY, the parties hereto have duly executed this Agreement and established the
Effective Date as being the date subscribed by the City's designated Assistant City Manager.
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CITY OF FORT WORTH: CONTRACTOR:
Quincy Compr or, LLC
ba.ru� 8i.c�AGu7rr{�
By; DanaBurghdoff( r28,20 110'.SSCDT) BV�
J
Name: Dana Burghdoff Name: Grant Pugh
Title: Assistant City Manager Title: Sales
Date: Apr 28, 2021 �� 2DZ (
Date:
APPROVAL RECOMMENDED:
CGI�/ItO.�Gle� �fa�Gle�
gy; �h��sroph�rH..�d��,Ap�zh.�oziii2���T,
Name: Chris Harder
Title; Water Department Director
�,d-p44���� .
ATTEST: po� ��R���ad
�>o° °oo d
B f'�_ 0 �-��- c°v� �p��o
0
Y� P� °_
0
P�o o °
Name: Mary J. Kayser � o0 00� p�
Title: City Secretary ��a��nE°��°p54a
APPROVED A5 TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER:
�� By signing I acknowledge that � am the person
�y; �B`�`k`����� ���������`��' responsible for the monitoring and
Name; Douglas W Black administration pf this contract, including
Title: Sr. Assistant City Attorney ensuring all performance and reporting
CONTRACT AUTHORIZATION; requireme .
M&C: 20-0258 �
Date: 4/07/20 BY�
1295 # IVame: Darla Morales
Title: Parts Material Supervisor
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT A
PART-I
SPECIFIC TERMS AND CONDITIONS
1,0 CHANGE IN COMPANY NAME OR OWNERSHIP
The Contractor shall notify the 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 the company or authorized official must sign the letter. A letter indicating changes in a
company name or ownership must be accompanied with supporting legal documentation such as
an updated W-9, documents filed with the state indicating such change, copy of the board of
director's resolution approving the action, or an executed merger or acquisition agreement.
Failure to do so may adversely impact future invoice payments,
2.0 INVOICING REOUIREMENTS
2.1 All invoices should be submitted directly to the contracting Department. It is the
responsibility of the Contractor to obtain the name and contact information of the De�artment's
project manager to whom invoices shall be submitted.
2.2 A properly prepared invoice shall be typewritten or computer printed and shall include
the Contractor's name, phone number/email address, federal tax identification number, Sole
Source number or invoice number, address, date, service or item description, unit price, extended
cost, and City issued purchase order number. Incomplete or inaccurate invoices may result in
delayed payments, as they shall be returned to the Contractor for correction and re-submittal.
2,3 Under no circumstances will the City be responsible for goods or services provided
without an Agreement signed by an authorized city representative.
3.0 UNIT PRICE AD,iUSTMENT
3.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during a
renewal period but not before the effective date of a renewal and only upon written request from
the Contractor.
3,2 The Contractor must submit its price adjustment request, in writing, at least 60 days
before a renewal effective period, The Contractor shall provide written proof of cost increases
with price adjustment reyuest.
3.3 If the City does not accept the proposed rate increase, 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.
3.4 Prices adjusted with a renewal, shall remain firm for each correlative term of the
Agreement,
3.5 Upon expiration of the Agreement term, Contractor shall remain obligated to the City
under all clauses of this Agreement that expressly or by their nature extends beyond and survives
the expiration or termination of this Agreement.
3.6 Goods and/or services shall not be suspended by the Contractor without a 30 day prior
written notice to the City.
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4.0 OUANTITIES
The quantities listed on the Part I-A Bid Solicitation Form are estimates and do not indicate intent
to purchase a certain amount or any amount. The City of Fort Worth is obligated to pay for only
those materials and services actually ordered by an authorized City employee and then received
as required and accepted by the City.
5.0 INSURANCE AND BONDING REOUIREMENTS
Insurance reyuirements are found in the Agreement, Attachment D.
A valid certificate of insurance shall be provided with the signed Agreement. Failure to provide
such information within five (5) calendar days thereof may be grounds for termination of the
Agreement.
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 ta be
unacceptable or the City desires additional insurance coverage, and the City desires the
Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the
premium for such additional coverage plus 10%.
When Payment andlor Performance Bonds are required as per Texas Government Code Chapter
2253, et sey., as amended, the Contractor must provide the bonds in the amounts and on the
conditions required, within 14 calendar days after noti�cation of award, or as otherwise required.
A Payment Bond is required for a contract greater than $50,000 and a Performance Bond is
reyuired for a contract greater than $100,000.
If said bonds are required, the forms will be attached to the Agreement as Attachment D-I,
6.0 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.
7.0 SUBCONTRACTING
Subcontracting of the work under this Agreement will be allowed provided Contractor notifies the
Project Manager at least 24 hours in advance. If Contractor intends to engage a subcontractor(s) to
perform any of its obligations herein, subcontractor(s) shall agree to be bound by the duties and
obligations of Contractor under the Contract as such duties and obligations may apply. Contractor
shall, upon reyuest, provide City with a fully executed copy of any agreement making such
subcontract.
8.0 DELIVERY
8.1 Delivery shal) be F,O.B. Destination and all other delivery charges shall be included in
the unit price. The person placing the order will provide delivery and billing information. No
additional charges for expenses, freight, mileage, time, or similar items will be accepted or paid
by the City.
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8.2 There may be instances when the Contractor may be asked to accelerate delivery of an
order or services due to extenuating or emergency circumstances. When this occurs, the
Contractor will be expected to provide this service at no additional cost, however, the City shall
be responsible for the additional expedited freight charges.
8.3 In the event the Contractor is unable to meet the original delivery date(s), the City must
be contacted immediately, but prior to the due date, and seek an extension of delivery time.
Failure to comply with the delivery terms may be grounds for canceling order(s) or services, or
the entire Agreement.
8.4 Delivery tickets must include the City's Blanket Order Number and the ordering
department's Release Number.
8.5 Delivered items that are determined to be defective or not meeting bid specifications shall
be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to the City.
If the item (s) are not picked up within one (]) week after notification, the item shall become a
donation to the City for disposition.
8.6 Material Safety Data Sheets (if applicable)
8,6.1 A Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or
mixture containing such substance, pursuant to Revised Statutes Annotated (RSA)
Chapter 277-A (277-A), shall accompany each delivery, Delivery of toxic or hazardous
substance or mixtures containing such substance without MSDS sheets shall not be
accepted. Delivered containers shall be properly labeled pursuant to RSA 277-A,
8.6.2 Failure to submit the reyuired MSDS sheets and/or label each container in
accordance with RSA 277-A, shall place the Contractor in non-compliance and shall
result in civil or criminal penalties. The Contractor furnishing substances or mixtures
subject to RSA 277-A, is responsible for adhering to and being in compliance with this
law, Failure to comply with RSA 277-A, shall result in the cancellation of an order.
9.0 WARRANTIES
9. ] The Contractor shall provide a warranty to include at a minimum, but not limited to the
following:
9. I.I Intentionally Deleted.9.1.2 Contractor agrees to repair or replace promptly,
on a one-for-one basis without additional cost to the City of Fort Worth, any and all
defective work and products. The City de�nes "prompt" repair or replacement to be an
on-site response within twenty- four (24) hours after notification by authorized City
personnel and a repair and replace defective work as reasonably required under the
circumstances,
9.1,3 This warranty shall continue for a period of 90 days from date of acceptance of
products and work by the City.
9.1.4 The Contractor shall as its sole responsibility under warranty remedy at the
Contractor's expense any non-conforming or defective products or work.
9.1.5 Intentionally Deleted.9.1,6 Intentionally Deleted.9.1.7 If the
Contractor fails to re►nedy any failure, defect, or damage within a reasonable time after
receipt of notice, the City of Fort Worth shall have the right to replace, repair, or
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otherwise remedy the failure, defect, or damage at the Contractor's expense, which shall
be limited to reasonable, direct and out-of-pocket costs incurred by the City of Fort
Worth.
9.1.8 This warranty shall not include failures attributable to accident, fire, or
negligence on the part of City personnel,
9.2 With respect to all warranties, from manufacturers, or suppliers for work performed and
materials furnished under this contract, the Contractor shatl:
9.2.1 Obtain all warranties that would be obtained in normal commercial practice;
9.2.2 Enforce all warranties for the benefit of the City of Fort Worth.
THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, OR CONDITIONS, WRITTEN OR ORAL, EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATIOIV, ALL WARRANTIES, OR
CONDITIONS, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ALL OF WHICH ARE DISCLAIMED.
11 '; 11/' \
IO.I The price to be paid by City shall be that contained in Contractor's proposals In the
event City determines that the price is not competitive, C i t y m a y r e q u e s t [ h a t the
prices of the items be reduced to m a i n t a i n c o m p e t i t i v e n e s s, or in the alternative
upon City's option, City shall have the right to cancel this contract for convenience and without
any liability to Contractor for breach or for Contractor's actual expense. Such remedies are in
addition to and not in lieu of any other remedies which Contractor may have in law or equity.
10,2 Contractor 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 Contractor for the purpose of securing business, For breach or violation of
this warranty, City shall have the right, in addition to any other right or rights arising pursuant to
said purchase(s), to caneel 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.
� : 1 � . � :: ►
Contractor 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 Contractor. Contractor warrants that the goods
furnished will conform to City's specifications, drawings and descriptions listed in the proposal
invitation, and the sample(s) furnished by Contractor, if any. In the event of a conflict
between City's specifications, drawings, and descriptions, City's specifications shall govern.
� as��:�
Contractor warrants that the product sold or services provided to City 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 or services do not conform to
OSHA standards, City may return the product for correction or replacement at Contractor's
expense or City may terminate the contract. In the event Contractor fails to make appropriate
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Contractor Servlces Agreement
correction within a reasonable time, any correction made by City will be at Contractor's expense.
Where no correction is or can be made, Contractor shall refund all monies received for such
goods or services within thirty (30) days after reyuest is made by City in writing and
received by Contractor. Notice is considered to have been received upon hand delivery, or
otherwise in accordance with the Notice provisions of this contract. Failure to make such refund
shall constitute breach and cause this contract to terminate immediately.
c[�1�'.V: � : : ► ► ► ; ► u ► 1 ► ' ; � ' ;
13.1 If applicable to the services being provided, the CONTRACTOR 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.
13.2 If applicable to the services being provided, CONTRACTOR shall be liable and
responsible for any and all claims made against the City for infringement of any patent,
copyright, trademark, service mark, trade seeret, 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 thc services, or the City's continued use of the
Deliverable(s) hereunder.
13.3 If applicable to the services being provided, CONTRACTOR 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,
trademark, 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 CONTRACTOR bears the cost
and expense oF payment for claims or actions against the City pursuant to this section 8,
CONTRACTOR 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 CONTRACTOR in doing so. In the event City, for whatever
reason, assumes the responsibility for payment of costs and expenses for any claim or
action brought against the City for infringement arising under this Agreement, the City
shall have the sole right to conduct the dePense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such
claim; however, CONTRACTOR shall fully participate and cooperate with the City in
defense of such claim or action. City agrees to give CONTRACTOR Nmely written notice
of any such claim or action, with copies of all papers City may receive relaNng thereto.
Notwithstanding the foregoing, t�he City's assumpNon of payment of costs or expenses shall
not eliminate CONTRACTOR'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 en,joined or
, restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, CONTRACT()R 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 ►nake them/it non-infringing, provided that such modi�cation does not
materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the
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Contractor Services Agreement
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 CONTRACTOR, terminate this Agreement, and refund all
amounts paid to CONTRACTOR by the City, subsequent to which termination City may
seek any and all remedies available to City under law.
14.0 SAFETY
The Contractor shall be responsible for creating and maintaining its own safety plan meeting all
federal, state, county or city laws, ordinances and regulations.
15.0 HAZARDOUS CONDITIONS
The Contractor is required to notify the City immediately of Contractor's discovery of any
hazardous conditions during performance of the services. City may suspend contractor's work for
such reasonable time as is necessary to evaluate the possible hazardous conditions and to develop
a plan for managing same, Contractor and City may negotiate a change order, if necessary, for
Contractor to continue its work if the original conditions have materially changed due to the
discovery of hazardous conditions,
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Contractar Servlces Agreement
PART - II
GENERAL TERMS AND CONDITIONS
� � ► �► �
The City of Fort Worth, its officers, agents, servants, authorized employees, contractors and
subcontractors who act on behalf of various City departments, bodies oragencies,
2.0 DEFINITION OF CONTR TOR
The consultant, service provider(s), supplier, or other provider of goods and/or services, its
of�icers, agents, servants, employees, contractors and subcontractors who act on behalf of the
entity which is engaged in a contract with the City.
1 ' : ► � �►�: �►
Any information submitted to the City of Fort Worth may be reyuested by a member of the
public under the Texas Public Information Act, If the City receives a reyuest for a Contractor's
proprietary information, the Contractor 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 Contractor believes that its information may not lawfully be released. If Contractor
does not make arguments or the AG rejects the arguments Contractor makes, Contractor's
information will be released without penalty to the City.
' 1 ';�. � �► 1► ' � �►_ ► : I► 1► Y:: A
No officer or employee of City shall have a�nancial interest, direct or indirect, in any contract
with City or be �nancially interested, directly or indirectly, in the sale to City of any land,
materials, supplies or services, except on behalf of City as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any of�cer 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)
��),� �7 �1��
5.1 No employees of the City or its officers, agents, servants, contractors or
subcontractors who act on behalf of various City departments, bodies or agencies are
authorized to place orders for goods andlor services without providing approved contract
numbers, purchase order numbers, or release numbers issued by the City, The only exceptions
are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section
252.022(a)( I), (2), or (3). In the case of emergencies, the City's Purchasing Division will
place such orders.
5.2 Acceptance of an order and delivery on the part of the Contractor without an approved
contract number, purchase order number, or release number issued by the City may result in
rejection of delivery, return of goods at the Contractor's cost and/ornon-payment.
6,0 �UNTRAt`TOR_TO PA KA('. . _ OOD
If applicable to the scope of work, Contractor will package goods in accordance with good
commercial practice. Each shipping container, shap be clearly and permanently marked as
follows: (a) Contractor'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. Contractor shall bear the
cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest
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CoMractor Services Agreement
transportation costs and to conform to requirements of common carriers and any applicable
speci�cations. City's count or weight shall be final and conclusive on shipments not
accompanied by packing lists.
7.0 SHi,PMF.NT LJNDF,R RF.�F.RVATi�N PROHLRITEY
Contractor 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 TITI.E AND RiSK OF i3OSS
If applicable to the scope of work, the title and risk of loss of the goods shall not pass to City
until City actually receives and takes possession of the goods at the point or points of delivery
after inspection and acceptance of the goods.
9,0 PLACE OF DEL.IVF.RY
If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to"
block of the purchase order, purchase change order, or release order.
l0A RIGHT �F INSPF.CTION
If applicable to the scope of work, City shall have the right to inspect the goods upon delivery
before accepting them. Contractor shall be responsible for all charges for the return to
Contractor of any goods rejected as being nonconforming under the specifications.
[g��Y� . : : ► � � ► ; : � ;
If this purchase is for the license of software products and/or services, and unless
otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive,
nontransferable, royalty free license to use the software. This software is "proprietary" to
Contractor, and is licensed and provided to the City 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 p�rmission of the Contractor; however City may make copies of the software
expressly for backup purposes.
1 � . ► : . ' 1 . � � , ' : � 1 M
If applicable to the scope of work, Contractor agrees that 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"). However, Contractor shal) 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). Contractor hereby grants to the City, a royalty free, perpetual, world-wide, non-exclusive;
non-assignable, non-sublicensable license to use the said intellectual property solely for the
purpose of installing, operating and maintaining the goods and equipment.
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Contractor Servlces Agreement
jj�is►1 �IC. 1 ; , : • � D
The City owns and operates a computing environment and network (collectively the "Network").
If Contractor requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Contractor is required to utilize the Internet, Intranet, email, City database, or
other network application, Contractor 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.
14.0 LAWS. REGULATIONS. AND ORDINANCES
The Contractor 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 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 (TCBQ), In the
event any law, regulation or ordinance becomes effective after the start of this Agreement, the
Contractor is required to comply with new policy. Any mandates requiring the City to comply
with new guidelines will also require the Contractor to comply.
�i� 1►i1� ; : � ► ► : � ► : 1
Contractor 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, Contractor shall provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement, Contractor 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 Contractor employee who is
not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY
AND HpLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Contractor, shall have the right to immediately terminate this Agreement for violations
of this provision by Contractor.
•� . + :►1 ► : ►u ► � : u �
Services, products, materials, and supplies provided by the Contractor must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards, In addition,
Contractor 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.
Contractor 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 byContractor.
� � . 1 : 1
Contractor agrees that the City, or City's authorized representative, shall, until the expiration
of three (3) years after final payment under this contract, and at no additional cost to City,
have access to and the right to examine and copy any directly pertinent books, computer disks,
digital files, documents, papers and records of the Contractor involving transactions relating to
this contract. Contractor agrees that the City shall have access, during normal working hours,
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Contractor Services Agreement
to all necessary Contractor facilities, and shall be provided adequate and appropriate
workspace, in order to conduct audits in compliance with the provisions of this section. City
shall pay Contractor for reasonable costs of any copying in accordance with the standards set
forth in the Texas Administrative Code. The City shall give Contractor reasonable advance
written notice of intended audits, but no less than ten (10) business days.
: � � .���Y�'�
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA),
Contractor warrants that it and any and all of its subcontractors 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
Contractor or any of its subcontractors. Contractor 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 City harmless against any claims or allegations asserted by third
parties or subcontractors against City arising out of Contractor's and/or its subcontractor's
alleged failure to comply with the above-referenced laws concerning disability discrimination in
the performance of this agreement.
19.0 TiME TO CURE/DISPUTE RESOLUTION
19.1 If either City or Contractor 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 provide a reasonable time to cure and then 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 cure, resolve any claim,
dispute, breach or other matter in yuestion that may arise out of, or in connection with this
Agreement. If the parties fail to cure or 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.
19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure
any deficiency.
19.3 In the event the Contractor continues with unsatisfactory performance, the department
will promptly notify the appropriate Department Head who may take appropriate action to cure
the performance problem(s),
19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of
Contractor's receipt of notice of same.
19.5 The Contractor 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.
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Contractor Servlces Agreement
ATTACHMENT B
CITY'S SOLE SOURCE SCOPE REQUEST
(Inserted behind this page)
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Contractor Services Agreement
FORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
This form must be provided when requesting to make a purchase over $50.000 without following
public bidding requirements.
Instructions: Fill out the entire form with detailed information. Once you have completed this
form, provide it to the Purchasing attorney for review. The attorney will review the information
you have provided and determine whether using an exemption to Chapter 252's biding
requirements would be defensible. If you are printing this form to provide to Legal, please do not
provide the Primer portion. Failure to provide sufficient information may result in follow up
questions and cause a delay in the attorney's determination.
Section 1: General Information
Requesting Department: Villa�e Creek Reclamation Division
Name of Contract Manager: Darla Morales
Department's Attorney: Dou� Black
Item or Service sought: OEM pars and repairs service for 2 Quincy QSI-500 compressors at
Village Creek.
Vendor: uinc�mpressor Texas
Current Agreement for item/service: Yes X No
CSC #:
How will this item or service be used: The two Quincy compressors QSI-500) are used in the
DAFT area of the plant to force air into the system, which causes solid material to float to the to�
of the basins to be skimmed off and taken out of the �rocess.
Section 2: Exemntion Justification
Please indicate which exemption vou believe applies to the purchase and provide information to
support its applicability. Please refer to the Exemption Primer for detailed information about
common exemptions.
a procurement made because of a public calamiry that requires the immediate appropriation
of money to relieve the necessity of the inunicipality's residents or to preserve the property of the
mtuiicipality; .
Page 1 of 4
a procureinent necessary to preserve or protect the public health or safety of the
inunicipality's residents;
a procurement necessary because of unforeseen damage to public inachinery, equipment, or
olher property;
a procurement for personal, professional, or planning seivices;
a procurement for work that is performed and paid for by the day as the worlc progresses;
a purchase of land or a right-of-way;
X a procurement of items that are available froni only one source, including:
a piu•chase of rare books, papers, and other library materials for a public library;
�aving drainage, street widening, and other public improvements, or related matters, if at
least one-third of the cost is to be paid by or through special assessments levied on property that
will benefit fi•oin the improveinents;
a public improvement project, already in progress, authorized by the voters of the
municipality, for which there is a deficiency of funds for coinpleting the project in accordance
with the plans and purposes authorized by the voters;
a paylnent under a contract by which a developer participates in the construction of a public
improveinent as provided by Subchapter C, Chapter 212;
personal property sold:
(A) at an auction by a state licensed auctioneer;
(B) at a going out of business sale held in compliance with Subchapter F, ChapCer 17,
Business & Commerce Code;
(C) by a political subdivision of this state, a state agency of this state, or an entity of the
federal government; or
(D) under an interlocal contract for cooperative purchasing administered by a regional
planning commission established under Chapter 391;
services performed by blind or severely disabled persons;
goods purchased by a Inunicipality for subsequent retail sale by the municipality;
electricity; or
advertising, other than legal notices.
Please provide details and facts to explain whv you believe the exemption applies to the
purchase. You mav also attach documentation to this form.
Quincy is needed for maintaining the compressors and for parts, if we chose a non-factory
trained tech to service the compressors, we would void the factory warranties. The compressors
are a vital part of the system it would require that the entire system be replace in order to use a
different parts.
Section 3: Attornev Determination
With the facts provided by the department, is the use of the claimed exemption defensible if the
City were to be challenged on this purchase? x Yes or No
Was there anything not included on this form or attached hereto that was relied on in making this
determination? Yes or �No
�
Page 2 of 4
If yes, please explain:
� ri � �
/
Page 3 of 4
ATTACHMENT C
CONTRACTOR'S RESPONSE TO CITY'S SOLE
SOURCE SCOPE REQUEST
(Inserted behind this page)
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Contractor Servlces Agreement
�r+ i
�
�`'' QU11'1CY
� +,;e-��Ykt�l�.>'�!
Performance You Demand. Reliability You Trust.
March 11, 2019
City of Ft Worth
Village Creek Water Reclamation
Ft Worth, Texas
Ref: Quincy Compressor North Texas Representatian
Dear Darla Morales,
Thank you for the opportunity to provide the following.
Quincy Direct North Texas is factory direct ofthe Quincy Campressor manufacture located in Bay
Minette A.labama. Dur staff is all factory trained and certified for equipment, parts, and serv'tces. quincy
North Texas is the only factory trained location in North Texas.
We appreciate and value the business City of Ft Warth canducts with Quincy Compressor.
Please let me I<now if I may answer any questions or be of assistarice.
Respectfully,
Mike slock
Directar af Sales North Texas
Quincy Compressor
(972)971-9386
Michael.block@auincycompressor.com
2'I d-6B8-16�7 214-�i�3�-1$05
f'hone �ax
ATTACHMENT D
INSURANCE
AND
ATTACHMENT D-1(if necessary)
BONDING
(Behind this page are the City's standard insurance requirements and payment and performance
bond forms, if necessary)
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Contractor Services Agreement
ATTACHMENT E
VERIFICATION OF SIGNATURE AUTHORITY
FORM
Quincy Compressor, LLC
7336 C Dogwood Park
Richland Hills, Texas 76118
Execution of this Signature Verification Form ("Form") hereby certi�es that the following individuals
and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment
or change order on behalf of Contractor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Contractor.
Contractor will submit an updated Form within ten (]0) business days if there are any changes to the
signatory authority. City is enkitled to rely on any current executed Form until it receives a revised Form
that has been properly executed by Contractor.
Name: �' foviT � �
Position: cn,ti"� �+ �
Signature
2. Name:
Position:
Signature
Name:
Position:
Signature
Name: _ /�
r �/
Signature of Pre!rir� �p�j�/� (�.p�
�/ �� �
Other Title;
Date; 3 � � C�
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Contractor Servlces Agreement
ATTACHMENT F
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 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 htt �:/� 1w��w.ethics,statG.,tx.us/F�rms/CI ,_�L.
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
ofPense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Contlict of Interest in any business relationship that you might
have with the City, state Contractor 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.
(form follows)
FC)RM 1295 — Under the Texas Government Code, Ch. 2252.908, a contractor doing business with
the City of Fort Worth with an initial contract value which requires city council ap�roval will,
unless otherwise exempted, be required to submit a Form 1295. See Part Il, Sec. 9.4.
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Contractor Services Agreement
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Thls questlonnalra relfecls changes made Io ihe lew by H,B. 23, 841h Leg., Regular Sesslon.
This questionnaire is being filed in accordancewith Chapter 176, Lo�al Government Code,
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 tl�is questionnaire must be filedwith 1he records administrator of the local governmental
entity not later than the 7t1� business day after the date ihe vendar becomes aware o( facis
that require the statement to be filed. See Section 176.006(a-1 }, Local Government Code,
A vendor comrnits an ofiense i1 ihe vendor knowingly violates Section 176.006, Locai
Govemment Code. An oftense �mder this section is a misdemeanor.
Name of vendorwf�o lias a business relatlonship witfi local governmental enlity.
� +�t Ua�l�t�-
Ihis bo 11 you are Iing an upda�e to a
FORM CIQ
OFFlCE USE ONLY
�afe ReceNo+J
(The law requires that you file an updated completed questionnaire with the apprnpriate filing authority noi
12ter than the 7th husiness day aher the date on which you became aware that the originally filed questlonnaire was
incomplete or inaccurate.)
Name of Ioca1 governmem oiltcer about wliom the Iniormatlon In thls secUon Is belny dlsGosed.
Name o1 �Hicer
This section (item 3 i�icluding subparls A: B, C, 8, Df musl be completed for elch oHicer with whom the vendor has an
employment or other business relationship as defined by Section 178.001(1-a), Local Government Code. Aqach addiiional
pages to this Form CIO as necessary.
A. Is the local c�overnment ofiicer n�med in this section receiving or likely to receive taxable income, other than investment
income, from the vendor?
aYes a No
B. Is ihe vendor recei,ring or likely to receive taxabie income, other than invesmient income, (rom or at the direction of the local
gnvemment officer named in this section AND the taxable income is not received from the local govemmenial entity?
aYes a No
C. Is the (iler of this questionnaire employed by a corporation or other business entity wlth respect to which the iocAl
governmant officer serves as an oHicer or director, or holds an ownership interest o( one percent or more?
� Yes p No
D. Describe each employment or business and family rel2tionship with the local government officer named in this section.
i/"�SC�� J( �-- -✓�/ U�Z�
Sipnatu+e of en domg usiness weth th� governmental enliry Date
Adopled 8!7r2015
SOLE SOURCE — OEM Quincy Compressor Preventativc Maintenance Service
Page 24 of 25
Contractor Services Agreement
ATTACHMENT G
VENDOR'S CONTACT INFORMATION
Bidder's Name: %i� ;�l
Bidder's Local Address: s ��'rce�— �,� 3Q7
Phone: ly (Q�� � (�� Fax:
Email;
Name of person assigned specifically for this Agreement:
Name/'l
Phone:
Email; �Ifan�D�(��qv;ncyCOMOr��sa�'.
Name of persons for renewal information and/or billing questions:
Name/Ti
Phone; Fax:
Email:
Name/Title
Phone: Fax:
Email:
� 3�3c�-zo2�
Signature Printed Name Date
SOLE SOURCE — OEM Quincy Compressor Preventative Maintenance Service
Page 26 of 25
Contractor Serv(ces Agreement
4/5/2021 M&C Review
O��:lal site oP the City of Fort �Vorth, T�xas
CITY COUNCIL AGENDA F�R�,�RTII
DATE: 4/7/2020 REFERENCE **M&C 20- LOG NAME: 60PREVENTATIVE MAINT - QUINCY
NO.: 0258 COMPRESS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize a Sole Source Procured Agreement with Quincy Compressor LLC for
Preventative Maintenance Service and Parts for Compressors for the Water Department in
an Annual Amount up to $130,000.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize a contract with Quincy Compressor LLC for
Preventative Maintenance Service and Parts for Compressors for the Water Department in an annual
amount up to $130,000.00, with optional renewals for up to four years.
DISCUSSION:
The Water Department (Depa�tment) will use this contract to purchase OEM parts to repair existing
units and to purchase replacement compressor units as needed, along with repair services for the
City's water and wastewater treatment plants. Non-OEM parts are not compatible with the water and
wastewater treatment systems in place. Quincy Compressor LLC (Quincy Compressor) is the only
company in the area authorized to provide factory trained technicians for services as well as parts.
No guarantee was made that a specific amount of goods and services would be purchased. However,
the Department anticipates spending approximately $130,000.00 during the first year.
Quincy Compressor is the sole source manufacturer of the Quincy compressors that are currently in
operation at the water and wastewater treatment plants. Quincy Compressor is the documented sole
source dealer for the Texas region and the only company that can work on these compressors in this
region without voiding the warranties.
M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by
the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance.
The M/WBE Waiver is based on the sole source information provided to the M/WBE Office by the
Purchasing Division Buyer.
This will be an agreement for one year with the option to renew four additional years.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendations, funds are available in
the current operating budget, as appropriated, in the Water & Sewer Fund and that, prior to an
expenditure being incurred, the Water Department has the responsibility to validate the availability of
funds.
Fund Department
ID
OM
Fund Department
ID
Account Project
ID
Account Project
ID
Program � Activity
Budget I Reference # I Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 21
Submitted for City Manager's Office by_
Program � Activity
Dana Burghdoff (8018)
apps.cfwnet.org/council_packet/mc_review.asp? ID=27827&cou ncildate=4/7/2020 � 12
4/5/2021
M&C Review
Originating Department Head: Chris Harder (5020)
Additional Information Contact: Martin Phillips (8293)
ATTACHMENTS
apps.cfwnet.org/council_packet/mc_review.asp?ID=27827&councildate=4/7/2020 2�2
�........,ti... n� nn�n A.ilO f'111A ti«.....ri,.,,........... �..,, � n...... �..s a
City of Fort Worth
Departmental Reque.st ;for Waiver .
of MBE/SBE Sutbcontrac�ing/Supplier Goal
Water Village Creek Reclamatlon Plant
DEPARTMENT NAM�:
� 130,000,00
ESTIMATED CO3T
(Pleaee selectthe approprlate clrcle)
�RFP QRFQ QRFI QCISV �Other State Cooperative I'rograzn QReverse Auction
NOT,�; Ali aupport documentatton neads to be a ohed to thle requeaE.
Qulnc o pressor Sole Source
1VA E O PR ECT / D
4932
STQNATURE OF PRpJECT MANAGER EXTENSTON
PROJECT NO,
7-16-19
DATE NIGP CODE
ndve'rtisement, tha con�ractiqg/mana�ing depaitinent'yhall determiao wLcther the bld/RF'P. is.'one whlch MBE/SBE
�ts should not. be Applied. 'MBE%SBE reyuireznenis may be waiyed .u,pon written approval of tlie Businass Developmeut
Oftice �of .'Busin¢ss. Diverslty '(OBD}, If one of.�tl�e condi�ions listcd below exists, tlie. coutcaating/mapaging
shall noti�'y the Menoger via thia form, statlpg the:spcci�fic roason(sj forrequesting u wai'ver: � .. .
If the contracting/managing department and the Manager are in conflict over the granting o�' a waiver, either
may appeal to the City Managex, or designee, whose decision is final.
P1�ase Check AppZiaable Re�son:
A, Office of Business Dtversity; A waiver of the goal for MBE/SBE subcontracting requirements
was requested by the Department and approved by the OBD, in aceordance with the MWBE ar
BDE Ordinance, because the public or administrative emergency exists which requires the
� goods or services to be provided w�th unusual immediacy; or
_._�B. Ofiice o#' Buaineas Diversity; A waiver of the goal far MBE/SBE subcontracting requirements
was requested by the Department and ap�raved by the OBD, in accordance with the MW$� or
HDE Ordinance, because the purchasa of goods or services is from sources where
subconhacti.ng or supplier opporiunities axe negligible; or �
C. Office of Buainess Aiversity: A waiver of the goal for MBE/SBE subcontracting xequirements
was requested by the Department and approved by the OE3D, in accorQance with the MWB� or
D�� qrdinance, because the appllcation of the pxovision� of fihi,s ordinance will impose an
ecox�omie risk on the City or unduly delay acquisitian of the goods or aervices; or
� D
E,
Office of Business Diveraity; A waiver of tho goal for MB�/SBE subcontracting requirements
was requested by Che De�artment and approved by the OBD, in acCordazxce with tha MWgE nr
DBE Ordinance, bec�use the MWBE Waiver is based on the sole sourae �inforrnatton provided
to the MWBE Office by tt�e managing department's project manager. �
OTHER;
Justify Commodity or Se�wice Waiver R�quest: .
Need �a annual contract for Qulncy Compressors which Is a Sole Source to do Preventative Malntenance and be able to
purchasa dEM parts for aur Qulncy compressor localed at Vllfage Creek Reclamallon and Reuse Plant.
Please u8a sddltionsl aheeta, if nceded
OBD USE ONLY;
X
Apprayed
Not Approved
Gwen Wilson a p���B ��
Signaturs 0�' OBD Autharized Perso�nel
Signature of QBD Authorized Pereonnel
7/19/2019
Date
Date
R.v. C4•03•]D1D
OfRce of Business Aiversity
Email: mwbeoffice(c�,foxtworthtexas.Qov
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