Loading...
HomeMy WebLinkAboutContract 51884 CITY SECRETARY CONTRACT NO. CONTRACTOR SERVICES AGREEMENT CENTRIFUGAL BLOWER MAINTENANCE AND REPAIR 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 Balance Vibration Technologies, Inc. ("Contractor"), acting by and through its duly authorized signatory. Each entity may be referred to as a "party"and collectively referred to as the"parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. Attachment"A"—Invitation to Bid and Detailed Scope of Services; 2. Attachment"B"—Contractor's response to ITB; and 3. Attachment"C"—Verification of Signature Authority Form. The attachments referenced above are attached hereto and incorporated herein, and are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of the attachments 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 maintenance and repair services to centrifugal blowers for the City of Fort Worth Water Plant Divisions Departments on an "as needed" basis as specifically described in Attachments A and B. 2. TERM. This Agreement is effective as of the date subscribed below by the City's designated Assistant City Manager("Effective Date"). The period of time between the Effective date and September 301h, 2019 is the "Initial Term". Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for a one-year period ("Renewal Period"). The September 30" following any term period (Initial or Renewal) of the following year shall be the date of contract expiration ("Expiration Date"). Unless terminated as provided for herein, there may be up to four (4) automatic Renewal Periods (October 1 to September 30). City reserves the right to exercise an optional fifth renewal, at the City's sole discretion. Each Renewal Period is subject to funding availability. Either the City or Contractor may provide the other party with notice of non-renewal at least 60 days before the Expiration Date of any term. 3. COMPENSATION. City shall pay Contractor an amount up to $58,900.00 ("Contract Amount"), for services rendered in a term, in accordance with the unit prices established in Contractor's bid contained in Attachment B and as further provided for herein. The Contract Amount shall not change in any subsequent renewal period, except as provided for below, however Contractor may submit a revised unit price schedule to reflect increased costs, if any, prior to each renewal. Contractor shall not perform any additional services or bill for expenses incurred that are not specified by this Agreement unless City �Q requests and approves in writing the additional costs for such services. City shall not be liable for any 4\q --". .. FFF c:�AL RECORD ��alance Vibration Technologies,Inc. Page 1 of 13 0TYSECRETARY Glc 5 Contractor Services Agreement IFT. WORTH,TX additional expenses of Contractor not specified by this Agreement or added thereto in writing. City is not obligated to utilize the full Contract Amount in any term. 4. TERMINATION. 4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of finds. In the event no or insufficient funds are appropriated by City to fund any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the Expiration Date of the term for which appropriations are available without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which fiends have been appropriated. 4.3 Duties and Obligations of the Parties pursuant to Termination. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Contractor for'services actually rendered up to the effective date of termination and Contractor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Contractor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City Information or data as a requirement to perform, services hereunder, Contractor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. 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. 5.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access. 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. 6. RIGHT TO AUDIT. Contractor agrees that City shall, until the expiration of three (3)years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work Balance Vibration Technologies,Inc. Page 2 of 13 Contractor Services Agreement space in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. 7. 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 officers, 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 officers, 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. 8. LIABILITY AND INDEMNIFICATION. Primary terms of liability and indemnification are found in the ITB at Part IV,Sec.28. INTELLECTUAL PROPERTY INDEMNIFICATION — To the extent it is applicable, Contractor agrees to defend,settle,or Tray,at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Contractor bears the cost and expense of payment for claims or actions against City pursuant to this section,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 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 City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Contractor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Contractor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Contractor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Contractor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing,provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally Balance Vibration Technologies,Inc. Page 3 of 13 Contractor Services Agreement equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Contractor terminate',this Agreement, and refund all amounts paid to Contractor by City,subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. 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. 9.2 Subcontract. 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 this Agreement as such dirties and obligations may apply. Contractor shall, upon request, provide City with a fully executed copy of any agreement making such subcontract. 10. INSURANCE. Contractor shall provide City with certificate(s) of insurance documentingthe existence of policies of the types and minimum coverage limits to be in effect as provided for in Article I11, Sections 8.0 and 9.0 of the ITB, prior to commencement of any work pursuant to this Agreement:: 11. CONIPLIANCE 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 local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. Contractor shall also abide by all specific laws, ordinances, rules or regulations as are recited in Attachment A at Part 111, Paragraph 4.0. 12. NON-DISCRIMINATION COVENANT. In addition to those terms found in Part IV, Section 32.0 of the ITB, 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. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION,OF THIS NON- DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS,SUBCONTRACTORSS OR SUCCESSORS IN INTEREST,CONTRACTOR AGREES TO ASSUME SUCH LIABILITY ANI) TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2)delivered by electronic means with electronic confirmation of the transmission, or(3) Balance Vibration Technologies,Inc. Page 4 of 13 Contractor Services Agreement received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To CONTRACTOR: City of Foil Worth Contractor business name Attn: Darla Morales Parts/Material Supervisor Balance Vibration Technologies, Inc. 200 Texas Street 1448 Halsey Way#104 Fort Worth,TX 76102-6314 Carrollton,TX 75007 Facsimile: (817)392-4956 Phone: 214-733-8771 Email: Daila.Morales@fortwo►-thtexas.gov Facsimile: 972-245-9867 With copy to Fort Worth City Attorney's Office at Representative:—Marion Ferrante President same address Email: nrferrante@balancevibration.com 14. 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, 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. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or 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. 17. GOVERNING LAW I 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. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Balance Vibration Technologies,Inc. Page 5 of 13 Contractor Services Agreement 19. FORCE MAJEURE. 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, tires, strikes, lockouts, natural disasters, wars,riots,;material or labor restrictions by any governmental authority,and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have 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. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including its attachments, contains the entire understanding and agreement between City and Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY. Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Contractor's option, Contractor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or(b)refund the fees paid by City to Contractor for the nonconforming services. Contractor warrants that it will perform all services Under this contract in a safe, efficient 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 set-vices under this contract. Balance Vibration Technologies,Inc. Page 6 of 13 Contractor Services Agreement 26. IMMIGRATION NATIONALITY ACT. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 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 HOLD 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. ITB, Part IV, Sec. 33.0 is hereby stricken. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. if and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due,or rights of retention thereto on the part of City. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Contractor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. LICENSES AND PERMITS. Contractor certifies that on the clay 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 tinder this contract. Balance Vibration Technologies,Inc. Page 7 of 13 Contractor Services Agreement 30. CHANGE IN COMPANY NAME OR OWNERSHIP Contractor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The presidentof Contractor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 31. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor 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, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (signature page and attachments follow) Balance Vibration Technologies,Inc. Page 8 of 13 Contractor Services Agreement 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. CITY OF FORT WORTH: CONTRACTOR By: By Name: JWoj,i',OR !—eopet d e Assistant City Manager Title: 'pr e,:;,l GA2v1.f Date: ate: I 9' • ATTE A � By: l �,1--�--�t 1 %k,Jj�p City Secretary APPROVED AS TO FORM AND LEGALITY By: Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: � !�! By: e Name:ClAri s 416r[ t a Title: C)C�j,p ( b ,r e --tc)r CONTRACT AUTHORIZATION: M&C: �f w Date Approv d• 1295#: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract including ensuring all performance and repo rtin r uire cuts. By: ' Name: Darla Morales Title: Parts/Material Supervisor Balance Vibration Technologies,Inc. Page 9 of 13 OFFICIAL RECORD Contractor Services Agreement CITY SECRETARY FT. WORTH,TX ATTACHMENT "A" Invitation to Bid and Detailed Scope of Services FW- )ORS. r ITB CoverSheet CITY OF FORT WORTH 1 PURCHASING DIVISION INVITATION TO BID NO. 18-0438 CENTRIFUGAL BLOWER MAINTENANCE AND REPAIR BID CLOSING DATE:SEPTEMBER 6,2018 For further information contact: Jane Rogers,Buyer FAX(817)392-8440;'email: FMSPurchasingResponses@fortworthtexas.gov f Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original, one copy and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., September 6, 2018, and then publicly opened and read aloud at 2:00.P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level,City Hall,200 Texas Street,Fort Worth,Texas 76102 Bids delivered by special courier(i.e. Federal Express, Special Delivery etc.)are to be marked on the 'outside of ..the courier's shipping envelope "BID No. 18-0439,CENTRIFUGAL BLOWER MAINTENANCE AND REPAIR" AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:3o DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at anytime prior to the official opening. Bids may not be altered, amended or withdraw`,n after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in this document. The period for acceptance of this bid will be 90 calendar days after the bid opening date. V By signing below, I certify that I have read the attached Terms and Conditions, Instruction to Bidders and the Bid requirements and have agreed to all of the terms, conditions and requirements contained herein. Failure to complete the requested information below will result in rejection of your bid. Company Name and Address: W 7 Federal ID Number(TIN): -r/_ Company's Authorized Agent Name and Title ` yL Fer(` I Signature: Date: elephone Number.IN_ el 7 ` Email address: t e V'J 6 l" Fax Number.• Coouerative Purchasing: Should other Governmental entities decide to participate in this contract, would you,the Co tractor, agree that all terms,conditions,specifications,and pricing shall apply(see section 11)? Yes, No Pre-Bid Conference: No Pre-Bid Conference. Contents: • Part—I : Bid Solicitation/Offer • Part—II : Instruction to Bidders • Part—III : Scope of Services/Specifications • Part—IV : Standard Purchasing Terms and Conditions • Part—V :Attachments I i I Revised 7.11.18cg I Page 1 of 2 BID SOLICITATION Printed:08/17/2018 BUYER:Jane Rogers PHONE*: (817)?92-8385 DELIVERY REQUIRED:9/6/2018 i Vendor Name: ro l City of Ft Worth iI Address: al CREEK WATER TREATMENT 4500 WILMA LANE City,State Zip Code: ARLINGTON TX 76012 i .ttF Item Class-Item Quantity Unit Unit Price Total i j 5.000 The City of Fort Worth is seeking bids from qualified Contractors for an annual Agreement for OEM Dresser Roots and OEM Hartzell Centrifugal Blower Maintenance and Repair for the Water Department. This Agreement shall begin on the date stated in Purchase Order 'Effective Date")and shall expire on upcoming September 30th, ("Expiration Date"),unless terminated earlier in accordance with this Agreement("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 1 to September 30) and for a fifth renewal period which shall expire on completion of total five year duration,unless City or Contractor provides the other party with notice of non-renewalat least 60 days before the expiration of the Initial Term or renewal period,However,if funds are not appropriated,the City may cancel the Agreement 30 calendar days after providing written f notification to the Contractor. i Unit prices shall include all costs associated with the specified goods and i services,including but not limited to handling,delivery,fuel charges,fees and certifications fees.No additional charges will be accepted or paid by t the City. 1.000 Maintenance,Alignment and Repair Services,Hourly Rate,Monday thru 200 HR t,®D I / Friday,8:00am to 5:00pm j) YAnalysis 2.000 Quarter! Vibration and Testing 100 EA Three 60 HP Hartzell Blowers Three 125 HP Hartzell Blowers Two 1144 HP Five 1000 HP Dresser Roots Blowers One 2250 HP Dresser Roots Blower 3.000 Technical Services 3 EA i 4.000 Miscellaneous Parts and Equipment @ manufacturer list prices 5000 EA less 9/6 discount. Quantity listed is estimated annual cost. Total to i be listed on this line item for example;$5,000-$750(15%)=$4,250. i t TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. 1 f i i �/JPag-ee 22 off�2 TERM OF PAYMENT: /f1 COMPANY: U W� , -�(J�,„!/� 6 i DELIVERY: `J� G SIGNATURE: hv" l TELEPHONE NUMBER: l i q—'7-33—D7/ NAME AND TITLE: �61�A�►j�� �Ql'rant�/ /'Ps/�i�/7 i` l II I t i t t I f i f f 1 I l I f i 4 l k f E f k f ' i CONFLICT OF INTEREST QUESTIONNAIRE ORM CIO For vendor using business with local governmental entity ThIS gUasuonnaire rellsels thane"Mede to the.Few by N:B.A Stth Let},Regular aassfoo. 4FMCEtfMONLY Tills questionnaire is being filed in accordance with Gheoer 176,Local Government Cad, rests noon atrad� by a vendorwho tics a business relationship as defined by Secffon 1'76.001(1-a)with a local g. ovemmentaf efdt'ty anal thevandortnsets recluftoments under Stadion 178. (a). f By 1mv thisqueshonnalremuAbteSedwifi 1her=rdsaclrr sbatorafthetociilgamnmentai entity not later then the 7th business day after the date tha versior becomes aware of facts that requirethostt;iwnanttob failed, SeeSection17&.006(a-1),Local Government Code. .A vender c ornyrnitss an offense if the vendor knowingly violates Section 178.006.Loral Government Godte.An offense under this section is s misdemeanor. Baine ofvandor wtto Rasa businessteletfonslilp with focal govealmental entlty. b Cie V I��o. ipt2.\eek fie �baC�VT owty ilii bac if you are tiling an update Ott a pne tdously flied questtontasire_ k f (The taw requires that you file an updated completed questionnaire with the appropriate fifing'�authority not tater Bran the 71h&Witness day after the data on which you became aware that lite originally filed que�lannwre was irworoph"or inaceuratej $ blame of local governmein ofifcar saboitn whom the information In this section is being dfacic sed: j AIM !)atria of officer 1 This section(item 3 fndtding subparts A, B,C,&D) mist be completed for each offbar whh whom the end has an ernpioyment or other business relationshp as dared by Section 178.001(1-a).Local Government Code. A it additional pages to this Form Geo:as necessary. I A. 6s the local government officer named to.this section receiving or likely to receive taxable income,other the.invastmew Income,from the vendor? Yera I 13, lathe verilar m c4s4ty or Gicely to tr+c orno,oltvar ban atestnent frttyorrre,from or at"direcoon of the local government oilier rtarned in this section AND the taxable income is not received from the local gwsrnmental entity? E Yes f i C. is the Filar of this questionnaire employed by a corporation or other business entity with respect to vWch the local governinerd oTfrcer serves as anotfacer or d' or hvoMs an ownership interest of one percent or rnore? Yes hfo t D.Describe each employment tar business and family relationship with lira loco)goverrimeru officer named tin this section. i I 4 1 0! Vr ature of vendor doing business xAM the governmental entity f]aFe Adopted arz=15 ITB-A 18-0439 CENTRIFUGAL BLOWER MAINTENANCE AND REPAIR Page 27 of 49 i 4 i I I i f ! i i ATTACHMENT-B I BIDDER'S CONTACT INFORMATION I Bidder's Name: V14b ��i pD �O(LCI bits Bidder's Local Address: --W- 134C� � Phone: al q`:7?2 w 1 l i_ ()Fax: F7r�2 ���— 9"7 f Email: �(Ir� '(�iLY► ect�tn (i 2 U 1��� �L+�1Y�•�O Y>'i f ,I Name of person assigned specifically for this Agreement: Name/TitieTBAJCIC'-C'�`C�Yt � Phone: l ~-733— —77 f Fax_ �'72- S7"�[~p to7 l Email: M!Ee-e0a t 071, ©YVl Name of persons for renewal information and/or billing questions: i � f Name/Title !P,fin C�- I D 11 ('G�y -2. J P C.,:LlJPR—f Phone: jj Fax: Email:IA�2C�'�.Y� . 2. �evl aYl t e. V160—ti o Yt. 6 m, i i Name(ritle V Gld V C� Phone: GZ 1 q,' 3 • <Z7 7 Fax: 97 I k i (nail, i gnature Printed Name Datel I i i I Revised 7.11.18eg i ITB-A 18-0439 CENTRIFUGAL BLOWER MAINTENANCE AND REPAIR Page 28 of 49 E I I i I ATTACHMENT-C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS I Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and Igoods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. ki Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff I�ted in the bid or request package. f • r The Fort Worth City Council-requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes, identify address: i Iv i i i i b. What percentage of estimated gross company sales (worldwide)are sales originating in Fort Worth? "Originatip i Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] I 2. Economic Development opportunities resulting from contract. f a. Number of Fort Worth resident-employees? i i b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company(for prior tax year—Fort Worth office or former location, if Fort Worth office 1s newly- established)? i Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. E k a_ VT r ! 31 aa�8' (Company Name) (Date) r a Mao I );�_p lnay&e� ) R� Yt+ (Signature) (Printed Name and'title) Revised 7.11.18cg ITB-A 18-0439 CENTRIFUGAL BLOWER MAINTENANCE AND REPAIR Page 29 of 49 I I i i f F ATTACHMENT-D f REFERENCE SHEET r Please complete and return this form with your bid. j The bidder shall furnish references for at least three(3) recent customers to whom products a4or services have been provided that are similar to those required by this solicitation. The City will bye the sole judge of references. Please use additional sheets, 9. Company's Name f Name of Contact Title of Contact -r , Present Address 0 City, State,Zip Code11 , Telephone Number ( 77,;Qq37- [70 Fax Number(JI Email -' �r 'i k 2. Company's Name U,TS. Name of Contact. ` (' Title of Contact Present Address e I City, State,Zip Code Telephone Number ( ) � 95--70 Fax Number( ) Email0 C112,I CK Q cl.Q lAt,50 IA 2('11 ea LL i 3. Company's Name T-� (,= Name of Contact Title of Contact Present Address j City, State,Zip Code Telephone Number ( j ) t' Da 7 Fax Number Email CC 21hJS0 '� o i i I i I I I Revised 7:11.1 S cg ITB-A 98-0439 CENTRIFUGAL BLOWER MAINTENANCE AND REPAIR Page 30 of 49 i 4 ce no ogies P.O.Box 702286 Dallas,TX 75370 Phone 214-733-8771 www.balancevibration,corn Fax 972-241-9867 H1JB#1562536821000 TECL.27599 k I Balance Vibration Technologies, Inc. is an established service company providing Customer's both machine asset conditioning monitoring, corrective consulting, and service solutions.BVT Power Solutions was developed to deliver high end electrical apparatus testing,commission and service. Services include switchgear and starter service and repair to 15kv, breaker and relay testing,ground fault testing and complete retro fix and change out replacement,inductor and synchronous motor and generator analysis. Balance Vibration Technologies has operated in the Texas and Oklahoma area for 13 years with over 30 years of past field experience. Balance Vibration Technologies, Inc.utilizes the industries top line of equipment, some of which are: Entek Rockwall/Allen Bradley single and multi-channel vibration data collectors. • Utilizing Rockwall Emonitor Deluxe database and diagnostic software. • Mikron 7600 Pro high resolution infrared cameras utilizing MiKroSpec software. • Thermal Trend web based database and reporting software. • Baker/SKF motor analysis equipment • Rotalign Pro and Ultra laser Alignment Equipment • UE Ultrasound Equipment • All related test equipment for electrical testing, commissioning &acceptance. Balance Vibration Technologies, Inc.technicians are certified to ASNT and ISO requirements as well as factory trained with corresponding equipment and testing procedures. f Balance Vibration Technologies, Inc. stands behind every job we do. Balance Vibration Technologies, Inc.has held equipment reliability contracts for U.T.S.W.M.C.North Thermal Energy Plant and South Thermal Energy Plants, Cardinal Glass Plants,Ntt Data, and Raytheon from 2006 to present. Work includes vibration analysis, electrical and mechanical infrared inspections,dynamic balancing,laser '4 alignment,mechanical and electrical corrective repairs. j w I I i E i 'f #. an ceE holo'gies P.O.Box 702286 Dallas,TX 75370 Phone 214-733-8771 www.balanmvibration.com Fax 972-245-9867 HUB#1562536821000 T.ECL27599 BVT Resume ***Ron Ferrante—Vice President Level III Vibration analysis 35 years of field service, repairs, installation on commercial and industry boilers,a;r conditioners,chillers,cooling towers,pumps and all rotating equipment. Perform vibration analysis on rotating equipment. Dynamic.balance and perform corrective) repairs,laser alignment motor testing,and consulting services. * "Jason Smith—Service Supervisor l Level III Vibration analysis 20 years of field service,repairs,installation on commercial and industry air condi Iioners, chillers, cooling towers, pumps,AHD's, and all rotating equipment. Perform vibration analysis, laser alignments, and dynamic balance on rotating equipment; Supervisor for field service technicians. i f *** AJ Self k E Level I Vibration analysis, 10 years of field service,vibration testing,repairs on commercial and industry, cooling towers,pumps,AHU's, all rotating equipment. Perform vibration testing,dynamic balancing and laser alignment on rotating equipment,and perform corrective repai s on equipment. *** PJ Garriga Level I Vibration analysis F 3 years of field service,vibration testing,repairs on commercial and industry, cooling towers,pumps, AHU's all rotating equipment. Perform dynamic balancing,and laser alignment on rotating equipment, and corrective repairs on equipment i *** David Edmiston - Operations Manager for BVT Power Solutions,Infrared& I Ultrasonic Inspection Division Level 3 Thermographer for 25 years, and Master Electrician. Working in commercial buildings, and industry plants on equipment doing Infrared testing,cable testing, switchgear,relay, ground fault testing. Motor Static`& dynamic analysis,medium & low voltage starter service, and ultrasound/partial discharge testing. !E I� I E� l t f f *** Kenny Edmiston Journeyman,Level 1 Thermographer 8.years of field service, infrared testing,motor static and dynamic testing. Workin` in commercial buildings, and industry plants on equipment doing cable testing,switchgear, relay, ground fault testing. I Danny Woody NETA III Technician Level I Thermographer i 15 years of field service,infrared testing, motor static and dynamic testing. Work'izg in commercial buildings, and industry plants on equipment doing cable testing, switchgear, relay, ground fault testing. ! I ' i I E . i k k ' f i i E F k I , i i k k : f I I ' GLENN KEGAtR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underut!Nz?rJ Business (HUB) Program for the State of Texas,which includes certifying minority and woman-owned businesses as HLJBs and is designed to facilitate the participation of minority and woman-owned businesses in state agency procurement oppof't nojes. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viaiweo online at http://Www.window.state.tx.us/procurement//cmbf/hubonly.html. Provided that your company continues tD mrao HUB eligibility requirements,the enclosed HUB certificate is valid for four years. You must notify the HUB Program in writing of any changes affecting your company's compliance w,L! the HUB eligibility requirements,including changes in ownership, day-today management, control and/or principal place of businv&s. Note:Any changes made to yourcompany's information may require the HUB Program to re-evaluate yourcomp-irys eligibility. Please reference the enclosed pamphlet for additional resources,such as the state's Centralized Master Bidde–,a List(CMBL), that can increase your chance of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may vcr11.1-t a HUB Program representative at 512-463-5872 or toll-free in Texas at 1-888-863-5881. — — — -- -- — — — — — — — — — — — — — — — — — — — — — – - Vis-'' r ', �� f,0-kF Texas Hist0r'rr.alty IJ'nc(erul`ilized laUSiFte s'(HU8 Cerdfif ata eatlis�t�41r�'r�urnbe� is5z►3ss��ooa r13�' e11�Cr'NidnlElsFr �6��R; �D�odal Gain 30-d��-.015 �ch�a.uad f=r.I�u�tEbn dal=- 3a.,0��-${119 �a�rM.�pie� rrar.� Tree Tomas Corflptrolier of.pribltc Accourlrs (CPA). he*eby certifies thai BALANCE VIBRATION TECHNOLOGIES! INC,' has successfully met the established requirements of the State of Texas Historically Underuiifzz Business (HUB) Program to be recognized as a HUB. This certificate printed 30-OCT-2015, supersedes any regA(Mbn and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-today management, operational control, business location) provided in the subrrstr,vlan of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing.The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. Pouf 0i , Sarbwrde HUB Prcigr9m IlsarraVr Ta. ez-Procnrerr ont and Sopporl S.arurceS . .. _ . :y. i,,.h g4-JCr aver.Fir SI4.rr nale :'pilo mounans 4e hionr$thlC�liOti kurrlwgr blas?io be I tod rc t'LA& Frig trig 4ial efQ'ja:aA-SIU£ I rjq:oust Awaul Fordur�darii]EPdr6i*tWn.W1JrAWrrilBrtllfWdaGOG�+.Fh�e++Cl �nU.unlir[rsHresiirP:0L—.ou*agejrovaldsiteHLleloFrlil5raICRfij'f:aWdg$ nr»REBE aM+aTv off'ppgamir3y ev, anit runt fYFfl lfHh+'4v.wfhtlnw.EtHta.f'x.�s GlT]cUr�7rr:otl G_174brlctrMhlTSUh"htrgN :-.r oy cc-n act'r'7 FI':' tiu'�P;ab�rirm o! VR ' QE? "At `.Rkk. lgue 'oa tractorh I UG�rn�I!i�(ittlt3lP;:27��9 'fie business,named above is licensed by the Texas Pepanmen.t of Licensing anO Reg I i won, tfcense xpir s:L? ?08El2°D:1 201 ;EKccuttV ?�Cectar I E E : i j : I� . l is f f �E I i .L� '1 �4 v zv :J v W wM U i Lli Aak m v =0 v L�Ld ,�O O zul Q { ren w LLJ W E o o m v oQ '• Z d H14 rr� O to c �' CJ CD oD Zco co ,fit Cd .O C 4] it c2 N m N 4 [MT 1 py o, t .V. Fz 21 LLS7 GGV l!7 + CQ N M z :q m N c O .� j d T y- ;;J D N N xa '+ Zh U LLS r i t l I i I 1 mea.�.�..._..d,_.,..._....�,......,_.......__�Ji'�ar;�fwv.+m+rda�ne.wHe*a«,"�r��y...N!.Y�,� �:r�'�.�..e+�±,.c.%i.i�tt�wr`"*w..�a�d:ri=.-rAsYimri.:rt -+�. .w.v.�.*n•� �CA y G . iii aNry LLJ LLJ cn N. .� C •p E i 4 a i A myv V N ,►` OO In N a t cv)L o to ' i i N U a µ C7 ? o C- [% . cc w w d N �Ji a.: V C o N .•h ChM EU r f � LOilk" Cd 04 i rin QQ ,� :` are"+Sx•�.' xrs�s:tx'ra:wfkit�a+accc,,:w.�yas.0�awY!iii+px.a.�1w-�:aµa sµ�Rwa4:; r�ien:'".rv�`'e+Y x p.'�;1,�.y,..- asssua•4+el�awsieu.+v"siYT'�.:.l::q:v+ a:M.i�,su.x +.:ret'w+r�Nwik'p+r*a�,:.:i f E EXHIBIT A DETAILED SCOPE OF SERVICES/SPECIFICATIONS CENTRIFUGAL BLOWER MAINTENANCE AND REPAIR 1.0 INTENT 1.1 The intent of these specifications is to describe the minimum requirements necessary to establish an annual Agreement with a qualified Contractor(s)to provide OEM Dresser Roots and OEM Hartzell Centrifugal Blower Maintenance and Repair on an as needed basis. 1.2 The blowers are located at the City Village Creek Water Reclamation Facility (VCWRF) and provide ventilation and odor control to the Headworks Bio-filter building and the Primary Sludge Thickeners/GBT building. 2.0 SCOPE The awarded Contractor(s)shall provide all labor, equipment, material, parts, repair, perform quarterly vibration analysis,alignment services and technical assistance for maintenance on six (6) Dresser Roots and eight(8) Hartzell Odor Control Centrifugal Blowers on an as- needed basis. 3.1 EQUIPMENT • Three(3)60HP Hartzell Blowers, Model A41-1-33BC100 FGFQU3(19,000 cfm) • Three(3) 125HP Hartzell Blowers, Model A41-1-493BC100 FGFQX3 (37,000 cfm) • Two(2) 1144HP Hartzell Blowers • Five (5) 1000 HP Dresser Roots Blowers: Model H30-0IB, SIN H- 2772 Model H30-0IB, SIN H-2773 Model H30- OIB, SIN H-2992 Model H30-0IB, SIN H-3204 Model H30-0IB, SIN H- 3203 • One(1)2250 HP Dresser Roots Blowers, Model 42-0IB, S/N HA-03360 4.0 REQUIREMENTS 4.1 Contractor shall provide OEM Dresser Roots and OEM Hartzell Blower replacement parts. 4.2 Contractor shall be able to provide baseline readings and trend data.to monitor blower bearings, residual rotating unbalance, misalignment and electrical rotor bar andstator integrity. Trend alarm levels set by the manufacturer. 4.3 Contractor shall be able to perform spectrographic grease analysis and grease changes, as per manufacture specification. 4.4 Contractor shall be able to perform thermal infrared imaging and inspection when required. 4.5 Contractor shall be experienced in field balancing and provide full balance and Balance Vibration Technologies,Inc. Page 10 of 13 Contractor Services Agreement vibration reports with recommendations. 4.6 Contractor shall provide certified technicians to perform quarterly full trend, spectrum, phase and waveform diagnostics. 4.7 Contractor shall submit final report within five (5) days of site visit. 4.8 Prospective bidders must prove to the Purchasing Manager that they are duly qualified and capable to fulfill and abide by the requirements listed herein. 4.9 Contractors company shall be established and have been in the business of maintaining and testing OEM Dresser Roots and OEM Hartzell Centrifugal Odor Control Blowers fora minimum of three(3) consecutive years. 4.10 Contractor shall provide a copy of licenses and/or certifications of all service technicianswho will be assigned to this contract. 4.11 Repairs to be performed by an authorized OEM Dresser Roots and OEM Hartzell technician. 4.12 Oil analysis must be performed by an authorized OEM Dresser Roots and OEM Hartzell technician to determine if overhaul of blower is required. The contractor must provide a maximum turnaround time on repair of blowers Balance Vibration Technologies,Inc. Page 1i of i3 Contractor Services Agreement ATTACHMENT "B" CONTRACTOR RESPONSE TO ITB EXHIBIT B PRICE SCHEDULE TECHNICAL&FUNCTIONAL REQUIREMENTS:Contractor shall provide all labor,material,supplies and equipment to perform the required tasks Item No. Description Unit of Unit Price Measure Maintenance,Alignment and Repair services, Hourly Rate Monday thru Friday :00 am to 5:00 pm HR $90.0 2 Quarterly Vibration Analysis and Testing(14 blowers total) EA $10,000.0 3 Quarterly Vibration Analysis and Testing(alternate hour) rate) HR $100.0 4 Technical Services Site Visit,Analysis and Testing ReportEA $300.0 5 iscellaneous Parts and Equipment 0%Discount off manufacturers list rices) 6 EA 7 EA 8 EA 9 EA 10 EA 11 EA Balance Vibration Technologies,Inc. Page 12 of 13 Contractor Services Agreement ATTACHMENT C VERIFICATION OF SIGNATURE AUTHORITY Balance Vibration Technologies, Inc. 1448 Halsey Way#104Carrollton, TX 75007 Contractor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies 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 Foran in entering into any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Contractor. 1. Namc: fyLGU-`id n— Ff-r O-pt*, Position: pee,`('AeV'�� Signature 2. Name: h�pyL�C.i^►�'dVI �V'l�l Pos fn: V, L� Signa ure 3. Narne: Position: Signature Name: fi/taP I C Signature of President/CEO Other Title: Dater Balance Vibration Technologies,Inc. Page 13 of 13 Contractor Services Agreement