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HomeMy WebLinkAboutContract 51405 FORT WO KI RTH �r^ r CITY s�� �aRY CCS: h REQUEST FOR QUOTATIONS Purchasing Division 200 Texas Street, Fort Worth, Texas 76102-6311, Fax: 817-392-8440 RFQUOTE NO: 18-0455 QUOTE FOR: OEM WACH AIR POWERED ATMOSPHERIC "E" TRAV-L-CUTTER BID OPENING DATE: MONDAY,AUGUST 27,2018 @ 1:30 PM BUYER: SARAH HOWELL EMAIL: FMSPurchasin Res onses fortworthtexas, ov INSTRUCTIONS TO BIDDERS Quotes are solicited for furnishing the merchandise, supplies, services and/or equipment set forth. Completed Quote must be received in the Purchasing Division,200 Texas Street, FortWorth,Texas 76102 by the above"quote deadline." Quotes may be submitting electronically(email)or faxed to 817-392-8440, addressed to the above Buyer,City of Fort Worth and have the bid number and opening date clearly marked on the fax cover page. Late quotes will not be considered for award unless bidders are notified otherwise. Quotes may be withdrawn at any time prior to the official opening by written notification. Quotes may not be altered, amended or withdrawn after the official opening. • Your quote must be submitted on this form. • Freight and all other delivery charges shall be included in the unit price(s)bid. • The City is exempt from Federal Excise and State Sales Tax,therefore,tax must not be included in the quote price. Items quoted must meet or exceed City of Fort Worth Specifications; however, The City of Fort Worth may consider and accept alternate bids if specified herein when most advantageous to the City. The City reserves the right, however, to hold to City Specifications and to determine"or equal"status. The City reserves the right to accept or reject in part or whole any quote submitted, and to waive any technicalities for the best interest of the City. The undersigned agrees, if the quote is accepted, to furnish any and all items upon which prices are offered, at the price(s)and upon the terms and conditions contained in the specifications. The period for acceptance of this proposal will be calendar days(90 calendar days unless a different period is inserted by the bidder)after opening date. City of Fort Worth Standard Terms and Conditions Shall Apply Company Name QUOTE EVALUATION &Address(Please write legibly). The quote award shall be based on, but not necessarily limited to,the following factors: 1. Unit Price 2. Total Quote Price 3. Terms and Discounts Telephone no. (AC ) 4. Delivery Date 5. Results of Testing Samples Fax no. ( ) _ 6. Special Needs and Requirements of the City T Past experience with product/service Name 8. Vendor's past performance 9. City's evaluation of the Vendor's responsibility Signature 10. Demurrage charges, freight costs and mileage 11. Estimated cost of supplies, maintenance, storage Title& Date 12. Estimated Surplus value E-mail Address OFFICIAL RECORD CITY SECRETARY FT WORTHS TX SPECIFICATIONS FOR OEM WACH AIR POWERED ATMOSPHERIC "E" TRAV-L-CUTTER 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks quotes from qualified bidders to provide an Original Equipment Manufacturer(OEM)Wach, or approved equal, Air Powered Atomospheric "E" Trav-L-Cutter, a portable milling machine designed to cut and bevel simultaneously on most pipe materials and schedules. 1.2 OMITTED. 1.3 OMITTED. 1.4 Unit price shall include all cost associated including but not limited to delivery and/or fuel charges. No additional charges will be accepted or paid by the City. 1.5 OMITTED. 2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated for all purposes incident to this Agreement in Attachment "G", Scope of Services/Specifications, more specifically describing the services to be provided hereunder. 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP The Vendor 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. 4.0 INVOICING REQUIREMENTS 4.1 All invoices should be submitted directly to the requesting department. It is the responsibility of the Vendor to get the name of the responsible person,telephone numbers and address of the department at the time the service is requested. 4.2 A properly prepared invoice shall be typewritten or 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, and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Vendor for correction and re-submittal. 5.0 OMITTED. 6.0 OMITTED. 7.0 OMITTED. 8.0 OMITTED. 9.0 LAWS, REGULATIONS,AND ORDINANCES The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; county: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration(OSHA), and the Texas Commission on Environmental Quality(TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Vendor is required to comply with new policy.Any mandates requiring the City to comply with new guidelines will also require the Vendor tocomply. 10.0 QUANTITIES The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. 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. 11.0 PERFORMANCE Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 12.0 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) calendarday time period may result in the cancellation of the applicable line item(s) in the price agreement. 13.0 METHOD OF AWARD 13.1 Quotes will be evaluated based on the lowest responsive and responsible bidder complying with all of the provisions of the solicitation, provided the bid price is reasonable, and it is in the best interest of the City to accept it. 13.1.1 A responsive bidder is defined to be one who submits a completed quote packet within the stated time deadline and in accordance with the specification. 13.1.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies, equipment, or services being procured. 13.2 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 13.3 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 13.4 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 14.0 QUOTATIONS 14.1 Bidders shall submit the following items with their bid: 14.1.1 A completed and signed original Request for Quotations cover page; 14.1.2 A completed and signed original Bid Solicitation form; 14.1.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A. 14.1.4 A completed Vendor Contact Information Form, Attachment B. 14.1.5 A completed and signed original Reference Sheet providing a list of three (3) references, Attachment C. 14.1.6 A completed and signed original Consideration of Location of Bidder's Principal Place of Business, Attachment D. 14.1.7 The bid response shall include descriptive literature, illustrations and drawings of proposed infra-structure components, description of personnel and their experience, and other information as available to assist with making valued judgement for the infra-structure proposed for installation. 14.1.8 Bidders must supply letters of reference, and example installations for City personnel to inspect and adequate descriptions including pictures of installations. 14.1.9 One copy of all documents listed in section 14.1. 14.2 Failure to submit the items listed in section 14.1 may be grounds for rejection of a quote as non-responsive to the specifications. 15.0 QUESTIONS 15.1 Questions, explanations or clarifications desired by a bidder regarding any partof the bid must be requested in writing from the Purchasing Division by August 23, 2018. Request can be send to the following: 15.1.1 Sarah Howell, Senior Buyer, FMSPurchasingResponses@fortworthtexas.gov 15.1.2 City of Fort Worth Purchasing Division Attention: Sarah Howell - Reference RFQT -18-0455 200 Texas Street, Fort Worth, Texas 76102 15.1.3 Facsimile: (817) 392-2059, Attention: Sarah Howell CITY OF FORT WORTH, TEXAS STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DEFINITION OF BUYER The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and subvendors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF SELLER The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services, its officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth (the"City")may be requested by a member of the public under the Texas Public Information Act, See TEX. GOVT CODE ANN. §§ 552.002, 552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 ORDERS 5.0 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. 5.1 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non- payment. 6.0 SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c)Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's proposals or actual costs,whichever is lower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 10.0 PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 11.0 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 12.0 INVOICES 12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller's request. 13.0 PRICE WARRANTY 13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or eq u ity. 13.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee,excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 14.0 PRODUCT WARRANTY Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 15.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 16.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. 17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights,trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 17.2 SELLER shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s) hereunder. 17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as SELLER bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, SELLER shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with SELLER in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement,the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, SELLER shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give SELLER timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate SELLER's duty to indemnify the City under this Agreement. If the Deliverable(s),or any part thereof,is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise,such use is materially adversely restricted, SELLER shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or(d) if none of the foregoing alternatives is reasonably available to SELLER, terminate this Agreement, and refund all amounts paid to SELLER by the City, subsequent to which termination City may seek any and all remedies available to City under law. 18.0 OWNERSHIP OF WORK PRODUCT Seller agrees that any and all analyses,evaluations, reports, memoranda, letters, ideas,processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Seller for the City pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may be considered"work(s)made for hire"and will be and remain the exclusive property of the City. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its vendors hereby waives any property interest in such Work Product. 19.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectively the "Network"). If Seller requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other network application, Seller shall separately execute the City's Network Access Agreement prior to providing such services.A copy of the City's standard Network Access Agreement can be provided upon request. 20.0 CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity. 21.0 TERMINATION The performance of work or purchase of goods under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein. 22.0 ASSIGNMENT/DELEGATION No interest, obligation or right of Seller, including the right to receive payment, under this contract shall be assigned or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests, or obligations to another entity. The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees or interest resulting therefrom. 23.0 WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 24.0 MODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 25.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any applicable proposal documents published by the Buyer and Seller's Response to such proposal (the"contract documents"). This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall not apply. 26.0 APPLICABLE LAW/VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County,Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 27.0 INDEPENDENT CONTRACTOR(S) Seller shall operate hereunder as an independent Contractor(s) and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, vendors and sub- vendors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors and subvendors. 28.0 LIABILITY AND INDEMNIFICATION, 28.2 LIABILITY -SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. HOWEVER, SELLER SHALL NOT BE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE RESULTING FROM IMPROPER STORAGE, HANDLING, OR USE OF PRODUCT PRIOR TO PLACING THE APPARATUS IN SERVICE,AND WILL NOT ASSUME ANY RESPONSIBILITY, EXPENSE OR LIABILITY FOR UNAUTHORIZED REPAIRS. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING IF A PRODUCT IS FIT FOR A PARTICULAR PURPOSE AND SUITABLE FOR PURCHASER'S METHOD OF APPLICATION. ACCORDINGLY, AND DUE TO THE NATURE AND MANNER OF USE OF SELLER'S PRODUCTS, SELLER IS NOT RESPONSIBLE FOR THE RESULTS OR CONSEQUENCES OF USE, MISUSE OR APPLICATION OF ITS PRODUCTS. 28.3 INDEMNIFICATION -SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS, PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS OFFICERS, AGENTS, SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES. HOWEVER, SELLER SHALL NOT BE LIABLE,AND BUYER WAIVES ALL CLAIMS AGAINST SELLER, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, DOWN TIME, LOST PROFITS OR COMMERCIAL LOSSES,WHETHER OR NOT BASED UPON SELLER'S NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION. 29.0 SEVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 30.0 FISCAL FUNDING LIMITATION In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 31.0 NOTICES TO PARTIES Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller in its response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery, notice is considered received upon delivery. 32.0 NON-DISCRIMINATION This contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents, vendors or subvendors, have fully complied with all provisions of same and that no employee, participant, applicant, Contractor(s)or subcontractor(s)has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or subvendors herein. 33.0 IMMIGRATION NATIONALITY ACT City actively supports the Immigration& Nationality Act(INA)which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement.Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 34.0 HEALTH, SAFETY,AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 35.0 RIGHT TO AUDIT Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to Buyer, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Seller involving transactions relating to this contract, including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees that the Buyer shall have access, during normal working hours, to all necessary Seller facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer shall give Seller reasonable advance written notice of intended audits, but no less than ten (10) business days. 36.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of its subvendors. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or subvendors against Buyer arising out of Seller's and/or its subvendor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 37.0 DISPUTE RESOLUTION If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60)days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation,then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company'shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Seller certifies that Seller's signature provides written verification to the City that Seller:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. Revised August 31, 2017. ATTACHMENT—G DETAILED SCOPE OF SERVICES/SPECIFICATIONS FOR OEM WACH AIR POWERED ATMOSPHERIC "E" TRAV-L-CUTTER SPECIFICATION 1.0 INTENT 1.1 OEM Wach, or approved equal, Air Powered Atmospheric"E" TRAV-L-Cutter. This is a portable milling machine designed to cut and bevel simultaneously on most pipe materials and schedules. Secured by its tensioning chain, the Trav-L-Cutter drives itself around the pipe as it machines, producing a weld ready surface. 2.0 SPECIFICATIONS 2.1 MACHINING CAPACITY: 6in-72in (153 to 1829mm) pipe, large diameter vessels. 2.2 CUTTER DRIVE: Pneumatic: 4 hp governed air motor coupled with worm gearbox. Hydraulic: As above, with hydraulic motor. 2.3 CUTTER SPEED: Pneumatic: Adjustable from 35-55 rpm for use on work-hardened alloys. Hydraulic: Adjustable from 0-60 rpm. 2.4 FEED PNEUMATIC: 3/4 hp air motor coupled through: overload clutch, gearbox and chain reduction to final machine drive sprocket. Hydraulic: 4 hp hydraulic motor. 2.5 FEED METHOD: Positive, nonslip chain drive. 2.6 AIR REQUIREMENTS: 2.6.1 100 cfm @ 90 psi (05 m3/s@ 6.21 bar) 2.7 HYDRAULIC REQUIREMENTS: 2.7.1 13-15 gpm @ 1500 psi 2.7.2 (49.2-56.78 Ipm @ 103.42 bar) 2.7.3 not to exceed 2000 psi (137.9 bar) 2.8 WORK SPEED: 3in (76.2mm) surface feed/min maximum, or appr. 1 min/in (1 min/25.4mm) of pipe diameter. 10in (254mm) pipe= 10 min. Over 1/2in (12.7mm)wall as well as most alloys require reduced feed rate. 2.9 CLEARANCE: 10in-12in (254-309mm) radial, 20in (508mm) axial 2.10 CONTROLS (MODEL E & HE): Cutter on-off, feed on-off, with interlock to prevent machine feed unless cutter is turning, adjustable feed control. (Model HE Only) Flow control valves. Separate controls provide adjustable spindle speed and cutter speed. Forward/Reverse valve governs machine travel direction. 2.11 Weight: 2.11.1 Operating-.215 Lbs (97.6kg) 2.11.2 Shipping: 418Lbs (189.6kg) 2.12 FINISH: Powder coated enamel 2.12.1 Dimensions (LxWxH): 2.12.2 24in x 20in x 10.75in 2.12.3 (61 cm x 51 cm x 28 cm) 3.0 WARRANTY 3.1 Trav-L-Cutter and its associated parts should be warranted against defects in materials and workmanship for a period of twelve months from the date of purchase. Manufacturer reserves the right to repair or replace only those parts which prove to have been defective at the time of purchase. This warranty becomes void if maximum flow and pressure ratings are exceeded. 4.0 DESCRIPTION 4.1 Trav-L-Cutter will accommodate sizes from 6in-72om O.D. (DN150-1800)with the addition of additional chain section. Machining of larger pipe sizes, vessels and other structures are possible. 5.0 VERSATILE DESIGN 5.1 The Trav-L-Cutter is designed to operate horizontally, vertically or anything in between. Its special milling blades, with standard weld bevel angles of 30-7.5 degrees, removing .188in (4.8mm) of material during operation, leaving pipe ends with a fine milled finish. 5.2 The chain drive system maintains continuous out-of-round compensation while providing positive drive under all conditions for accurate cuts. By using an optional guide track and special guide track wheels accuracy of .005in (.127mm) can be maintained even in zero visibility situations. This cutting method facilitates section removal in the field, where new sections pre-cut by the same method can be quickly fitted in place. Trav-L-Cutter should be used in a wide range of applications, including natural gas, crude product, fuel lines, radioactive environments, and for demilitarizing ordinance sectioning missile fuel cells. It can also be adapted to simultaneously cut off and groove pipe in one operation. Cutters are available for Victaulic and other grooved coupling systems. The hydraulic model HE is ideal for partial or complete water immersion and subsea applications available. Hydraulics models offer the inherent advantages of a completely sealed and self-lubricating closed loop system. The Model HE is particularly suited to field machining operations under the type of difficult environments often sound on offshore drilling rigs, pipelines, and on construction work in rivers and harbors. 5.2.1 FEATURES: 5.2.1.1 Simultaneous Cutting & Beveling 5.2.1.2 Horizontal and Vertical Operation 5.2.1.3 Preferred Cold Cutting Method 5.2.1.4 Compact, Portable Design 5.2.1.5 Pneumatic or Hydraulic Drive 5.2.1.6 Easy to Set-Up and Operate 5.2.1.7 Fast and Accurate Cuts 5.2.1.8 Fits 6in-72in OD (DNISO-1800) 6.0 GUARANTEE 6.1 The bidder warrants and guarantees the materials against any defects in design or manufacture. The warranty/guarantee shall begin on the date which the materials are placed in service by the city and shall continue for a period of one year, or through the manufacturer's standard warranty period, whichever is greater. 6.2 Manufacturer's standard warranty is IN�TNES REOF,the parties hereto have czccuted this Agreement in multiples this day 18. ACCEPTED AND AGREED: CITY OF FO 2'1'WORTH: CONTRA OR: i By: — ------- --- - By: Name: Jay Chapa Name: Charley Crissey Title: Assistant City Manager '1'ille:Cust.Serv.Rep Date: 1 — Date: 09-27-2018 APPROVAL RECO MME DED: 13y. Name: Travis Andrews Tille: Assistant Water Director FORT, ATTEST: 3�� O 13y:- U? 2 Natn . NAry yt Title: City Secretary APPROVED AS TO FORM AND 13y: --- - Nam(— N/I tM Murray Title: Assistant City Attorney CONTRACT AU'T'HORIZATION: M&C: Date Approved: CONTRACT COMPL,IANCF. MANAGER By signing, I acknowledge that I am the person responsible fol•the monitoring and adntinktl'a1 ion of this contract, including ensuring all perlormance and reporting requirements. 13y: - -- -- - N< ie: Gregory Steal -— - - - I itIc: Parts/Material tpe /Water Field Operations FOFFICIAL RiECDRDRETARY Page 1 of 1 FORT WORTH CITY OF FORT WORTH P.O.DATE: Purchase Order Purchase Order Number PO-18-00105160 SHOW THIS NUMBER ON ALL PACKAGES,INVOICES AND SHIPPING PAPERS. V Vendor Number:0000003047 WATER DEPARTMENT E E H WACHS S 1608 11TH AVENUE E H WACHS H FORT WORTH,TX 76102 N 600 KNIGHTSBRIDGE PKWY 1 D LINCOLNSHIRE,IL 60069 P O T Phone: R O MAIL INVOICE IN DUPLICATE TO: INVOICES: Direct Invoices in DUPLICATE to the address shown. B WATER DEPARTMENT STANDARD PURCHASING TERMS AND CONDITIONS set forth in the 1 1608 11TH AVENUE City of Fort Worth's Bid or Quotation, are incorporated herein by L FORT WORTH,TX 76102 reference and become a part of this order. L T O Phone: Account Code:56001-0607007-5610109---- Payment Terms: Shipping Terms: Bid No.: Delivery Calendar Day(s)A.R.O.: 0 Item Class-Item Requisition Quantity Unit Unit Price Total Class-Item 445-59 1 Wachs Air Powered Atmospheric"E"Trav-L-Cutter,Portable Pipe Cut-Off and 1 EA $24,575.75 $24,575.75 Bevel Milling Machine with 6"-48"diameter-capacity.Complete with Twin Air Drive Motors(Carriage Drive Reversible),Air Line Lubricator,Filter,Operating Hand Tools,Steel Storage Case and Basic Length of Chain for 6"48"diameter pipe.Estimated Shipping Weight$Dimensions(47511 -41"x 25"x 18")w/o Accessories.'Chain Assembly for 54"-72"sold separately LN/FY/Account Code Dollar Amount 1/18/56001-0607007-5610109--- $24,575.75 Class-Item 445-09 2 7"x 3/16"Diameter Carbide Tipped Saw for Ductile,Cast&Cement lined pipe up 1 EA $714.12 $714.12 to 1-112"wall. LN/FY/Account Code Dollar Amount 2/18/56001-0607007-5610109--- $714.12 TOTAL: $25,289.87 APPROVED: Rev.20091027 By: Jane Rogers Phone#: (817)392-8385 BUYER E.H.WACHS"' Water Utility Products Quotation � 600 Knightsbridge Pkwy I Lincolnshire R 60069 ADrvlslon or-i7Li7 T+1847 537 88001 F+1 847 520 1147 Superior Equipment.Complete Support ehwachs.com Page 1 of i TO: Gary Shipley Date: 6/11/2018 Field Operations Supervisor Quotation Number: JB1 12229 City of Fort Worth Payment Terms: Net 30 1608 11th Ave. Shipping Terms: FOB Destination Water Dept. Operations Valid Through: 8/10/2018 Fort Worth,TX 76102 Estimated Delivery: See Below Reference: BuyBoard#515-16 E.H. Wachs is pleased to offer the following quotation. Unit Price Line Total Item Number Description Qty U/M (USD) Disc% (USD) 1 02.000.01 Wachs Air Powered Atmospheric"E"Trav-L-Cutter,Portable Pipe Cut-Off 1 EA 24,950.00 1.5% 24,575.75 and Bevel Milling Machine with 6' 48"diameter capacity. Complete with Twin Air Drive Motors(Carriage Drive Reversible),Air Line Lubricator, Filter,Operating Hand Tools,Steel Storage Case and Basic Length of Chain for 6"-48"diameter pipe. Estimated Shipping Weight Et Dimensions(475#- 41"x 25"x 18")w/o Accessories. 'Chain Assembly for 54"-72"sold separately' 2 02-606-00 7"x 3/16"Diameter Carbide Tipped Saw for Ductile,Cast Et Cement lined 1 EA 725.00 1.5% 714.12 pipe up to 1-1/2"wall. Total(USD) $25,289.87 Thank you for the opportunity to quote your application needs. If you have any questions or if I may be of any further assistance to you please do not hesitate to notify me. (SALES TAXllll) We collect sales tax in all but the following states: AK, DE, MT, OR and NH. If you are tax exempt please supply your identification number and certificate with your order. If your exempt number is not on file, tax will be added to your order. Jeffrey Brehm Outside Sales Rep Utility Div. 512-348-0171 jbrehm©ehwachs.com Sales of E.H.Wachs products and services are expressly limited to and made conditional on acceptance of its current Terms and Conditions of Sale,found at www.ahwachs.com("Terms').Any additional or different terms are hereby refected.Commencement of work by E.H.Wachs or acceptance of delivery of products by you constitutes your acceptance of the Terms.