HomeMy WebLinkAboutContract 58195 CSC No. 58195
FORT WORTH,
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VENDOR SERVICES AGREEMENT
This VENDOR 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 Purvis Industries, LLC ("Vendor"), a state
registered company and acting by and through its duly authorized representative,each individually referred
to as a"party"and collectively referred to as the "parties."
1. Scope of Services. Drivers and gearboxes parts and services ("Services"), which are set
forth in more detail in Exhibit"A,"attached hereto and incorporated herein for all purposes.
2. Term. The initial term of this Agreement is for one (1)year(s),beginning on the date that
this Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated
earlier in accordance with this Agreement("Initial Term"). City will have the option,in its sole discretion,
to renew this Agreement under the same terms and conditions,for up to four(4)one-year renewal option(s)
(each a"Renewal Term").
3. Compensation.
3.1 Total compensation under this Agreement will not exceed Two Hundred Fifty
Thousand Dollars and No Cents($250,000.00).
3.2 City will pay Vendor in accordance with the Prompt Payment Act(Chapter 2251
of the Texas Government Code) and provisions of this Agreement,including Exhibit`B,"
which is attached hereto and incorporated herein for all purposes.
3.3 Vendor will not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City will not be liable for any additional expenses of
Vendor not specified by this Agreement unless City first approves such expenses in
writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
OFFICIAL RECORD
Vendor Services Agreement CITY SECRETARY
v.1.4(November 30,2021)
FT. WORTH, TX
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised,in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City will,until the expiration of three (3)years after
final payment under this Agreement,or the final conclusion of any audit commenced during the said three
years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
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not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City.Vendor will 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 contractors.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),MALFEASANCE OR
INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES,
AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST
PROFITS)AND PERSONAL INJURY,INCLUDING,BUT NOT LIMITED TO,DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPRESNTATIVES,
SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software or documentation in accordance with this Agreement,
it being understood that this agreement to defend,settle or pay will not apply if City modifies
or misuses the software and/or documentation.So long as Vendor bears the cost and expense
of payment for claims or actions against City pursuant to this section,Vendor will 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 will have the right
to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to
protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event
City, for whatever reason, assumes the responsibility for payment of costs and expenses for
any claim or action brought against City for infringement arising under this Agreement,City
will 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,
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Vendor will fully participate and cooperate with City in defense of such claim or action.
City agrees to give Vendor timely written notice of any such claim or action, with copies of
all papers City may receive relating thereto. Notwithstanding the foregoing, City's
assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify
City under this Agreement.If the software and/or documentation or any part thereof is held
to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or
compromise, such use is materially adversely restricted,Vendor will, 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
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement, and refund all
amounts paid to Vendor by City,subsequent to which termination City may seek any and all
remedies available to City under law.
9. Assignment and Subcontracting.
9.1 Assiglment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
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(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000- Bodily Injury by accident;each accident/occurrence
$100,000- Bodily Injury by disease;each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions): ❑ Applicable ® N/A
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees,officers,officials,agents,and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City.Ten (10) days' notice will be
acceptable in the event of non-payment of premium.Notice must be sent to the
City in accordance with the notice provision of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
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(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the
performance of Vendor's duties and obligations hereunder, it will 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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Purvis Industries,LLC
Attn: Assistant City Manager Gail Purvis, Secretary/Treasurer
200 Texas Street 5050 North Freeway
Fort Worth,TX 76102-6314 Fort Worth,TX 76137
Facsimile: (817) 392-8654 Facsimile:
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, 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 will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
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16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venue. This Agreement will 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 will 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 will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems;restraints or prohibitions by any court,board,department,commission,or agency
of the United States or of any States;civil disturbances;other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance,as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A,B,and C.
22. Amendments/Modifications/Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's
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option, Vendor will 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 Vendor for the nonconforming
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City,Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers,procedures,guides, and documentation that are created,published,displayed,or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
will 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 will 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 will be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended,Vendor hereby expressly assigns to City all exclusive right,title and interest in
and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim,lien for balance due,or rights of retention thereto on the part of City.
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution,ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state 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.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 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"
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and "company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of
the Agreement.
30. Prohibition on Boycotting Enerev Companies. Vendor acknowledges that, in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S.,
S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10
or more full-time employees unless the contract contains a written verification from the company that it:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms"boycott energy company" and"company"have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor:
(1) does not boycott energy companies; and(2)will not boycott energy companies during the term of this
Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added
by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or
services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that
Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
City: Vendor:
Purvis Industries, LLC
Dana Bu(cih�%ff Gar'G ��c�v�s
By: Dana Burghdoff(Oct 4,2022 20:25 CDT) By:
Name: Dana Burghdoff Name: Gail L Purvis
Title: Assistant City Manager Title: Administrator
Date: Date: 8-29-2022
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract,including ensuring all
By: Christopher 4arder(Oct 4,202214:49CDT) performance and reporting requirements.
Name: Chris Harder
Title: Water Department Director
By:
s,� a
Approved as to Form and Legality: Name: Shatabya Bergland
Title: Contract Compliance Specialist
WI
By Dglack(Oct 4,202217:31CDT) City Secretary:
Name: Doug Black
Title: Assistant City Attorney
By:
J ette S.Goo( (Oct 5,2022 08:1 T)
Contract Authorization: Name: Jannette Goodall
M&C: 22-0559 Title: City Secretary o o� FOR T�a�
Form 1295: 2022-907434 OO°°pOO°°°°°O
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
See next page.
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v.1.4(November 30,2021)
FORT WORTH.
BID SUBMISSION SIGNATURE PAGE
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0147 3
Event Round Version
1 1
Event Name
ITB Drivers and Gearboxes Parts and Services Submit To: City of Fort Worth
Start Time Finish Time FINANCIAL MANAGEMENT SERVICES
05/18/2022 07:00:00 CDT 06/09/2022 13:30:00 CDT FINANCE- Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by
submitting and signing below, acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference, and agrees to be bound by the terms
therein.
Legal Company Name: Purvis Industries, LLC
Company Address: 10500 N Stemmons Fwy (Corporate Headquarters)
City, State, zip: Dallas, Texas 75220
Vendor Registration No.:
Printed Name of Officer or Authorized Representative: Gail L Purvis
Title: Secretary/Treasurer
Signature of Officer or Authorized Representative: Gall �l V/,t
Date: 6-8-2022
Email Address: Sail.purvis@purvisindustries.com
Phone Number: 214-459-6023
Federal Identification Number(FID): 75-2905412
Will agreement be available for Cooperative Agreement use'?Yes X No
(' See Section 22.0, "Cooperative Purchasing"of Part 1, "Instructions")
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 2 of 30
FORT WOR°T11,
BID SOLICITATION
Even#ID Page Invited: MOTION INDUSTRIES INC
CFW01-22-0147 4 2589 NE 33RD ST
Event Round Version FORT WORTH TX 76111
i 1 _ United States
Event Name
ITB Drivers and Gearboxes Parts and ServiCes Submit To: City of Fort Worth
Start Time Finish Time FINANCIAL MANAGEMENT SERVICES
05 19 2D22 07:00:00 CDT 05/09Z2022 13:30:00 CDT FINANCE-Purchasing
200 Texas St. (Lower Level,South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Details
Line: 1
Description: _ Qtv Unit UnitPrice Total
Labor,Regular Hours, Monday-Friday 7:00 AM 12� HR
to 4PM 100 per Heather Oakes $rJ 00 $,rJO�
Total Bid Amount: 850O
Parts, Materials,and Equipment @ Manufacturer Cost Plus %/.Markup
A bid of"0"will be interpreted by the City as a no-charge(free)item and the City will not
expect to pay for that item.A bid of"no bid"or no response(space left blank)will be
interpreted by the City that the Offeror does not wish to bid on that item.Be advised,a"no
bid"or no response may be considered as non-responsive and may result in disqualification
of this bid.
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 3 of 30
PART- 1
INSTRUCTIONS
1.0 SOLICITATION
1.1 Review of Documents: Bidders are expected to examine all documents that make up the
Solicitation as well as any addendums. Bidders shall promptly notify the City of any
omission, ambiguity, inconsistency or error that they may discover upon examination of the
Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no
responsibility for any errors or misrepresentations that result from Bidders not using the
completed Solicitation document and addendums.
1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location
for the Purchasing Division is specified in the advertisement and on the first page of the
solicitation.
2.0 EXPLANATIONS, CLARIFICATIONS OR QUESTIONS
2.1 Any explanation, clarification, or question desired by a Bidder regarding any part of the
Solicitation must be requested in writing from the Purchasing Division by the question
deadline listed in Section 2.0, Part 2, so that a written addendum can be posted before the
submission deadline. interpretations, corrections, or changes to the Solicitation made in
any other manner are not binding upon the City, and Bidders shall not rely upon such
interpretations, corrections or changes. Oral explanations or instructions given before the
award of the Contract are not binding.
2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED, ALL QUESTIONS MUST BE BY E-
MAIL BEFORE THE QUESTION DEADLINE AND MUST BE IDENTIFIED AS FOLLOWS:
2.2.1 All explanation, clarification or questions must clearly identify the buyer's name and
the bid number on the document or on the subject line, if sent by and email. For
example: "Attention: Buyer name and Bid No. XX-XXX". If the buyer's name and
bid number is not included as specified above, the guestionIsAwill NOT be
answered.
2.2.2 Delivery of questions by email— FMSPurchasin Res onses fortworthtexas. ov
2.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not received
within 1 (one) business day, please contact the City of Fort Worth
Purchasing at 817-392-2462.
2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are
not binding upon the City, and Bidders shall not rely upon such interpretations, corrections
or changes. Oral explanations or instructions given before the award of the Contract are
not binding.
2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by
an Addendum posted on the City's website under the corresponding bid number.
3.0 UNAUTHORIZED COMMUNICATIONS—Bidders' contact regarding this Invitation to Bid (ITB)with
employees or officials of the City other than the Purchasing Manager, the Business Equity Division,
or as otherwise indicated in the ITB is prohibited and may result in disqualification from this
procurement process. No officer, employee, agent or representative of the Respondent shall have
any contact or discussion, verbal or written, with any members of the City Council, City staff or City's
consultants, or directly or indirectly through others, seek to influence any City Council member, City
staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein
provided. Any violation of this prohibition may result in the Respondent being disqualified from the
Revised 6.922,,
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 4 of 30
procurement process. Any oral communications are considered unofficial and non-binding with
regard to this ITB.
4.0 PREBID CONFERENCE
4.1 A pre-bid conference will be held in person and via Webex on Wednesday, May 25, 2022
at AM Attendance at pre-bid conferences is not mandatory but strongly encouraged.
In-Person
Development Services Conference Room. Located on the Lower Level at the North end of
the building across from the elevators.
City of Fort Worth
200 Texas St
Fort Worth, TX 76102
Webex
Meeting Phone Number: 469-210-7159
Meeting Log In: 2552 973 8256
Meeting Password:6pmDtAMBQ64
Meeting Link:
https://fortworthtexas.webex.corn/fortworthtexas/j.php?MTI D=med5d5e6e7ef53c5469d5b5618b5fa967
5.0 PREPARATION OF BIDS
5.1 Each Bidder must furnish all information required by the Solicitation in order to be
evaluated. Prices or Percent Markups submitted on other than the forms
included in the Solicitation shall be considered non-responsive.
5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in
rejection of the Bid.
6.0 QUANTITES-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.
7.0 TAXES- Purchases of Goods or Services for City use are usually exempt from City, State, and
most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request
a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City
be liable to pay taxes for which the City has an exemption under any Contract.
8.0 DEFINITIONS
8.1 Brand Name or Equal: If the Solicitation indicates brand name or"equal" products are
acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate
those features that render it equal. Final determination of a product as"equal' remains
with the City.
8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar
days. Time is of the essence in any City purchase. If the indicated date cannot be met or
the date is not indicated, the Bidder shall state its best delivery time.
8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and
Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery
to the point of destination.
Kepi 6,922-
ITB 22-0147 drivers and Gearboxes Parts and Services
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8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier
for breakage or other loss and for any damage resulting from transportation.
8.3.2 The Bidder should quote its lowest and best price,with the goods delivered to the
place specified, at the Bidder's expense and risk, and their tender delivery to the
City.
8.3.3 Bids offering any other delivery terms are not acceptable and may be cause for
resection.
9.0 PRICESIPERCENTAGE MARKUP
9.1 Bid prices and percentage markup (if applicable)shall be firm offers unless otherwise
specified. Pricing and percentage markup (if applicable-) shall be entered on the Bid Offer
Sheet.
9.2 In the event of a discrepancy between unit price and extended price, the unit price shall
govern.
9.3 Prices shall be offered in the Dollars of the United States of America (or decimal fractions
thereof).
10.0 SIGNATURE-The Bidder must provide a wet signature on each document in the Solicitation
requiring a signature. Any change made to the Bid must be initialed by the Bidder.
11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID
11.1 All material submitted to the City becomes public property and is subject to the Texas Open
Records Act upon receipt.
11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each
page must be identified and marked proprietary at time of submittal. The City will,
to the extent allowed by law, endeavor to protect such information from disclosure.
If a Public Information Request is made for Bidder's proprietary information, the
Bidder will be notified so that they can submit a letter to the Texas Attorney
General. The final decision as to information that must be disclosed lies with the
Texas Attorney General.
11.1.2 Failure to identify proprietary information will result in all unmarked sections being
deemed non-proprietary and available upon public request.
12.0 BID PREPARATION COSTS -All costs associated with preparing a Bid in response to a
Solicitation shall be borne by the Bidder.
13.0 PAYMENTS
13.1 All payment terms shall be"Net 30 bays"from the date the City receives a correct invoice.
13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing
goods and/or services using the forms posted on the City's website at
https://www.fortworthtexas.gov/departments/finance/i?u rchasing/ach
14.0 SUBMISSION OF BIDS
14.1 Bid documents: Unless otherwise specified, Bidders are required to submit a signed
executed original and one scanned copy of the entire bid submittal on a flash drive. Bids
must be submitted in a sealed envelope with the bid number written on the outside of the
envelope.
Reused 6.9.z2c
ITB 22-4147 Drivers and Gearboxes Parts and Services
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14.2 Documents required to be submitted with Bid: Bidders shall submit all the items listed
below and utilize the format below to submit their bid prior to the bid submission deadline.
14.2.1 The completed and signed Bid Submission Signature Page;
14.2.2 The completed Bid Solicitation;
14.2.3 Bidders shall provide evidence that they are authorized to sell and service drivers
and gearboxers and capable to fulfill and abide by the requirements listed herein
with the bid. The bidder shall demonstrate its ability to secure and perform the
services within the delivery requirements specified herein.
14.2.4 Bidder's background, number of years in business.
14.2.5 A completed and signed original Conflict of Interest Questionnaire, Attachment A.
14.2.6 A completed Consideration of Location of Bidder's Principal Place of Business,
Attachment B, if applicable.
142.7 A completed and signed Vendor Contact Information, Attachment C.
14.2.8 Reference sheet; Attachment D
14.2.9 A completed Vendor Questionnaire; Attachment F
14.2.10 Signed Addendum(s) acknowledging receipt.
14.2.11 Scanned copy of all documents listed in Section 14.2, Part 1.
14.2.12 Any other document included in the Solicitation requiring completion or execution
by the Bidder.
14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a
bid as non-responsive to the specifications.
15.0 LATE BIDS
15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All
Bids received after the submission deadline are considered late and will be returned to the
Bidder unopened.
15.2 Purchasing's time stamp clock is the official time of record. However, if the time stamp is
not available or broken, the date and time written on the bid receipt by Purchasing staff
shall be the time of record.
15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the
Purchasing Division. The City will not be responsible for failure of service on the part of the
U.S. Postal Office, courier companies, or any other form of delivery service chosen by the
Bidder to deliver before the bid due date and time.
15A Bids delivered to a City location other than the Purchasing Division will not be considered.
The Bid must be received by the Purchasing Division and stamped before deadline to be
considered.
ITB 22-4147 Drivers and Gearboxes Parts and Services
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16.0 MODIFICATION OR WITHDRAWAL OF BIDS
16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid
submission deadline.
16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the
facsimile is signed by the Bidder)at any time prior to the bid submission deadline, A Bid
may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the
bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids
may be withdrawn after the bid submission deadline without forfeiture of the Bid guarantee,
unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or
without modifications, prior to the bid submission deadline. The City may require proof of
agency from the person withdrawing a bid.
17.0 OPENING OF BIDS
The Purchasing Division representative responsible for opening Bids shall personally and publicly
open all Bids timely received, reading each bid aloud.
18.0 EVALUATION FACTORS AND AWARD
18.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless
otherwise specified). However, the City may evaluate and award the Contract for any item
or group of items shown on the Solicitation, or any combination deemed most
advantageous to the City. Bids that specify an "all or none"award may be considered if a
single award is advantageous.
18.2 Award. The Method of Award is detailed in Section 4, Part 2. (Note:A Bidder that does not
earn at least 50%of the technical points will be deem "non-responsive" and will not be
awarded a contract.)
18.3 Acceptance and Award of Bid:Acceptance and award of a Bid will be in the form of a
Purchase Order or a Contract. Subsequent Purchase Orders may be issued as
appropriate. The contents of a Bid Response shall become a part of the Contract. Under
no circumstances will the City be responsible for Goods or Services provided without a
Purchase Order issued by the City.
19.0 RESERVATIONS -The City expressly reserves the right to:
19.1 Specify approximate quantities in the Solicitation;
19.2 Extend the Solicitation opening date and time;
19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most
advantageous to the City;
19.4 Waive as an informality, minor deviations from specifications provided they do not affect
competition or result in functionally unacceptable goods or services;
19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one
that does not affect the competitiveness of the Bidder);
19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission
deadline;
19.7 Reject a bid because of unbalanced unit prices bid;
19.8 Reject or cancel any or all Bids;
?c .dG4.22-
ITB 22-0147 Drivers and Gearboxes Parts and Services
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19.9 Reissue a Solicitation;
19.10 Procure any item by other means; and/or
19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary
vendors.
20.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS
20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide
Certificates of Insurance in the amounts and for the coverages required to the Purchasing
Office within 14 calendar days after notification of award, or as otherwise required by the
Solicitation.
20.2 Business Equity Division Documents: If a Business Equity goal has been established for
the bid, the applicable documents must be submitted by all bidders wishing to continue in
the bid evaluation process within two (2) City business days after the bid opening date,
exclusive of the bid opening date, to the City location specified in the bid. Bidders shall
obtain a receipt from the appropriate department as evidence that the City received the
documentation.
20.3 Certificate of Interested Parties Form 1295: if the Purchase Agreement must be
approved by the City Council before execution, the successful bidder is required to
complete the Certificate of Interested Parties Form 1295 and submit the form to the
Purchasing contact listed in the solicitation before the purchase/contract will be presented
to the City Council. The form may be completed at
https://www.ethics.state.tx.us/whatsnew/elf info_form'1295.htm.
21.0 PROTEST PROCEDURE
21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process
or the bid award if they believe that there has been any impropriety or unfair criteria in the
process.
21.2 The Vendor must submit any protest in writing to the Purchasing Manager within 14 days
after the Vendor knows, or should have known, of the facts relating to the proposed action
or award.
21.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a
purchasing action through telephone discussions, mail, e-mail or in person meetings with
the protesting Vendor.
21.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in
writing, state the reasons for the action taken and inform the protesting Vendor of the right
to review by a panel made up of City staff.
21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the
operating department, the Purchasing Manager and any other appropriate personnel or
employees of the operating department.
21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the
Vendor does not agree, the protesting Vendor will be invited to attend the City Council
meeting at which the recommended award is to be presented to the City Council and make
known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start
of the City Council meeting and complete a card requesting to speak concerning the
particular Mayor and Council Communication document(M&C) in question.
Revised G 922m
ITB 22-0147 Drivers and Gearboxes Parts and Services
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21.6.1 Vendors wishing to speak before the City Council should review the rules for
registering to appear before City Council located at:
http://fortworthtexas.,oq v/citysecretary/in€o/default.asl)x?id=2914 on the City's
website.
22.0 COOPERATIVE PURCHASING
22.1 Should other governmental entities decide to participate in this contract, Bidder, shall
indicate in their proposals whether they agree that all terms, conditions, specification, and
pricing would apply.
22.2 If the successful Bidder agrees to extend the resulting contract to other governmental
entities, the following shall apply: Governmental entities within utilizing Contracts with the
City of Fort Worth shall be eligible, but not obligated, to purchase material/services under
this contract(s) awarded as a result of this solicitation. All purchases by governmental
entities other than the City of Fort Worth shall be billed directly to that governmental entity
and paid by that governmental entity. The City of Fort Worth shall not be responsible for
another governmental entity's debts. Each governmental entity shall order its own
material/services as needed
Revised 6 9.22a
ITS 22-0147 Drivers and Gearboxes Parts and Services
Page 10 of 30
PART--2
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City)seeks bids to finalize an agreement for drivers and gearboxes
parts, services, repair/overhaul, and replacements for the Water Department on an "as
needed"basis. Prospective responding bidders should ensure they download all
attachments for complete responses and understanding of the agreement the City intends
to award from this solicitation. The successful bidder(s), known hereafter as
"Contractor"!"Vendor."
1.2 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 is obligated to
pay for only those services actually ordered by an authorized City employee and then
received as required and accepted by the City.
1.3 This Agreement shall begin on the date the contract is executed ("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 Vendor provides
the other party with notice of non-renewal at 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 notification to the Contractor/
Vendor.
1.4 Fallowing the award, additional services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the
Agreement, may be added based on the discount bid and price sheet provided with the bid.
1.5 Unit prices shall include all costs associated with the specified work, including but not
limited to handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.6 Any services that have been omitted from this scope of service that are clearly necessary
or in conformance shall be considered a requirement although not directly specified or
called for in the scope of services.
1.7 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
2.0 TENTATIVE SCHEDULE OF EVENTS
TASK DATE
ITB Release Date Ma 18 2022
Pre-Bid Conference May 25, 2022 at 10AM (Local
Time
Deadline for Questions May 27, 2022 at 5PM (Local
Time
Answers Posted ,tune 2, 2022
Reviaa3 G.9.?2cc
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 11 of 30
ITB Responses Due Date AT 1:30 p.m. Local Time June 9, 2022
Recommended Vendor Selection July 2022
Mayor and Council Consideration August 2022
Contract Execution Au ust 2022
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 fled 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 METHOD OF AWARD
4.1 Bids will first be evaluated based upon bids received from a responsible bidder that
presents the best value to the City.A responsible bidder is defined as a bidder that:
4.1.1 Meets all the requirements listed in Section 5, Part 2.
4.1.2 Submits a completed bid package within the stated deadline and in accordance
with the bid specifications.
4.2 Bids that do not receive 50%or more of the total available points, excluding the points for
price, will be deemed non-responsive.
4.3 The following criteria will be used to determine the best value:
4.3.1 Cost of service—up to 40 points
4.3.2 Contractor's Qualifications—up to 20 points
4.3.3 Availability of resources to provide services (equipment, personnel)—up to 20
points
4.3.4 Contractor's approach to perform services--up to 20 points
4.4 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.
4.5 Time 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.
4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to
performance record of bidder with the City itself, another municipal corporation of like size,
or private corporations during the past two-year period. Such precautions are deemed to be
in the public interest inasmuch as Vendor failure or inability to furnish items within the
prescribed time can create emergency situations and impose unnecessary hardship on
both the City as a municipal corporation and the public at large.
P--i 6.1.21c,
ITS 22-0147 Drivers and Gearboxes Parts and Services
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4.7 The evaluation factors listed above will be applied in a comparative manner to all eligible,
responsive bids. Award may be made without discussion with Bidders after bids are
received. Bids should, therefore, be submitted on the most favorable terms.
4.8 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.
4.9 If Attachment C, Local Preference, is completed by any Bidder, the City will review the
Attachment to determine whether Local preference will apply to the award.
5.0 CONTRACTOR REQUIREMENTS IN ORDER TO BE EVALUATED
5.1 The Contractor shall:
5,1.1 Have a minimum of five (5) years of experience conducting services similar or
related to the Scope of Services.
5.1.2 Have and operate a full-time, permanent business address with the ability to be
reached by email and telephone.
6.0 CONTRACTOR RESPONSIBILITIES - Contractor shall
6.1 Provide replacement parts, materials, and equipment as necessary to maintain operations
of the drives and gearboxes.
6.2 Be able to provide proof that they are authorized to sell and service drives and gearboxes,
per attachment H Mixers and Gearboxes.
6.3 Be capable of repairing equipment being supplied or sold. Quotes on repairs shall be
provided before repairs are completed and if repair costs are above 50%of a new unit,
both a quote for repairs and a quote with lead time shall be provided to the city. The city
reserves the right to determine to repair/replace the unit
6A Respond and supply requested materials or services required during regular business
hours 7-4, Monday-Friday within a maximum of thirty (30) business days or less including
shipment by mutual agreement from the time original request is made.
6.5 Be able to pickup driver or gearbox for repairs and deliver when repair is complete, at no
additional cost.
6.6 Be able to answer tech nicallengineering questions to help the City diagnose problems with
equipment.
6.7 Designate a Single Point of Contact with office phone or cell phone number and email for
accessibility. The Point of Contact shall respond to calls, voicemails, and emails within 24
hours during normal business hours.
6.8 Maintain a written or electronic record of all work activities and equipment provided to the
City during the lifetime of this agreement. When called upon,Vendor shall provide
maintenance and repair records to the City.
6.9 Provide a parts price list. Parts not listed shall be quoted upon request and offered at a
manufacturer's cost plus a negotiated markup percentage.
6.10 Deliver parts to one of the following locations, as specified by the City at the time of the
order.
Revised A 9.22c
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Eagle Mountain Water Treatment Plant (WTP)
6801 Bowman Roberts Road
Fort Worth, TX 79179
Rolling Hills WTP
2500 SE Loop 820
Fort Worth, TX 76140
North &South Holly WTP
1500 111h Avenue
Fort Worth, TX 76102
Village Creek Water Reclamation Facility
4500 Wilma Lane
Arlington, TX 76012
Westside WTP
12200 Old Weatherford Road
Fort Worth, TX 76008
7.0 BRAND NAME OR EQUAL
7.1 Any manufacturer's names, trade names, brand names information, and/or catalog
numbers listed in this specification are for information and not intended to limit competition
unless otherwise indicated. Bidders may offer any brand for which he/she is an authorized
representative, which meets or exceeds the bid specification for any item(s) listed herein. If
bids are based on equivalent products, indicate on the bid solicitation the manufacturer's
product name and reference number.
7.2 Bidders shall submit proposals, cuts, sketches, and descriptive literature, and/or complete
specifications. Bidders shall explain the reason(s)why the proposed equivalent will meet
the specifications and not be considered as exception thereto. Bids which do not comply
with these requirements are subject to rejection. Bids lacking any written indication of
intent to bid an alternate brand will be received and considered incomplete.
7.3 The Purchasing Manager or designee will evaluate"equal" product on the basis of
information furnished by bidder or identified in the bid and reasonably available to the
Purchasing Manager. The Purchasing Manager or designee is not responsible for locating
or obtaining any information not identified in the order.
7.4 Unless the bidder clearly indicates in its bid that the product being offered is an "equal"
product the bidder shall provide the brand name product referenced in the bid
8.0 LAWS REGULATIONS AND ORDINANCES
8.1 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 to comply.
9.0 INVOICING REQUIREMENTS
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ITS 22-0147 Drivers and Gearboxes Parts and Services
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9.1 The City of Fort Worth has begun implementing an automated invoicing system.
9.2 The Contractor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: su fierinvoices fortworthtexas. ov. This email
address is not monitored so please do not send correspondence to this email address.
The sole purpose of the supplier invoices email address is to receipt and process supplier
invoices.
9.3 Please include the following on the subject line of your a-mail: vendor name, invoice
number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-
0000001234)
9.4 To ensure the system can successfully process your invoice in an expedient manner,
please adhere to the following requirements:
• All invoices must be either a PDF or TIFF format.
• Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment(i.e. no invoice in the body of the email).
• One invoice per attachment (includes PDFs). Multiple attachments per email is
acceptable but each invoice must be a separate attachment.
• Please do not send handwritten invoices or invoices that contain handwritten notes.
• Dot matrix invoice format is not accepted.
• The invoice must contain the following information:
• Supplier Name and Address;
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit#(i.e. FW013)
• Complete City of Fort Worth PO number (Le_ the PO number must contain all
preceding zeros);
• Invoice number;
• Invoice date; and
• Invoices should be submitted after delivery of the goods or services.
9.5 To prevent invoice processing delays, please do not send invoices by mail and email and
please do not send the same invoice more than once by email to
supplierinvoices0fortworthtexas.gov. To check on the status of an invoice, please contact
the City Department ordering the goods/services or the Central Accounts Payable
Department by email at: ZZ FIN AccountsPayable(cDfortworthtexaS.gov.
9.6 If you are unable to send your invoice as outlined above at this time, please send your
invoice to our centralized Accounts Payable department instead of directly to the individual
city department. This will allow the city staff to digitize the invoice for faster processing.
9.7 If electronic invoicing is not possible, you may send your paper invoice to:
City of Fort Worth
Attm FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
The City's goal is to receive 100% of invoices electronically so that all supplier payments
are processed efficiently. To achieve this goal, we need the Contractor's support.
If Contractor has any questions, please contact the Accounts Payable team at (817) 392-
2451 or by email to ZZ FIN Accounts Payable(o)fortworthtexas.aov.
9.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish
a tax exemption certificate upon Vendor's request.
Re+-ised 6.9.22-
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 15 of 30
10.0 UNIT PRICE ADJUSTMENT
10.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the
renewal period but before the effective date of the renewal upon written request from the
Vendor.
10.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the
renewal effective period. The Vendor shall provide written proof of cost increases with
price adjustment request.
10.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves
the right to adjust the rate request, or reject the rate request in its entirety and allow the
contract to expire at the end of the contract term. If the City elects not to exercise the
renewal option, the Purchasing Division will issue a new solicitation.
10.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
10.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in
extensions or totals, the unit prices offered will govern.
10.6 Upon expiration of the Agreement terra the successful bidder, agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the city
to re-bid an agreement, not to exceed ninety(90)days. Vendor will be reimbursed for this
service at the prior agreement rate(s). Vendor shall remain obligated to the City under all
clauses of this Agreement that expressly or by their nature extends beyond and survives
the expiration or termination of this Agreement.
10.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written
notice to the City.
11.0 INSURANCE REQUIREMENTS—The Contractor shall carry insurance in the types and amounts
for the duration of this contract as listed in the draft service agreement, Attachment D to this
solicitation, and furnish certificates of insurance along with copies of policy declaration pages and
policy endorsements as evidence thereof.
12.0 PERFORMANCE- Failure of the City to insist in any one or more instances upon performance of
any of the terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the Vendor's obligation
with respect to such performance shall continue in full force and effect.
13.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without
written permission from the City.
14.0 HAZARDOUS CONDITIONS
141 The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to any property.
14.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective
Equipment(PPE)while handling hazardous material. If there are questions regarding how
to dispose of materials, the Contractor shall contact City of Fort Worth Code Compliance at
817-392-1234
15.0 CONTRACT ADMINISTRATION AND TERMINATION
15.1 Contract administration will be performed by the City Department. In the event the Vendor
fails to perform according to the terms of the agreement, The Department head or his/her
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 15 of 30
designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to
discuss the Vendor's deficiencies. A written cure notice may be prepared giving the
Vendor 14 calendar days to cure any deficiency.
15.2 In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Purchasing Manager who will take appropriate action to cure the
performance problem(s), which could include cancellation, termination for convenience or
default. If the agreement is terminated for default, the Vendor may be held liable for excess
cost and/or liquidated damages.
15.3 The Vendor will be paid only those sums due and owing under the agreement for services
satisfactorily rendered, subject to offset for damages and other amounts which are, or
which may become, due and owing to the City.
15.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Vendor shall immediately stop all work
hereunder and shall immediately cause any and all of its suppliers and subVendors to
cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage
of the agreement price reflecting the percentage of the work performed prior to the notice of
termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the
City using its standard record keeping system, have resulted from the termination.
However, in no event shall the total of all amounts paid to the Vendor exceed the
agreement price. The Vendor shall not be reimbursed for any profits which may have been
anticipated, but which have not been earned up to the date of termination.
16.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT
16.1 If the Federal award meets the definition of"funding eCFR—Code of Federal Regulations
agreement" under 37 CFR§401.2 (a) and the recipient or subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work
under that"funding agreement,"the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
17.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
17.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387)_Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
18.0 DEBARMENT AND SUSPENSION
18.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not
be made to parties listed on the government-wide exclusions in the System for Award
Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
19.0 BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. 1362
R-i-d G 9 22-
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 17 of 30
19.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
non-Federal award.
19.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their
bid, if the bid exceeds$100,000.00.
20.0 RIGHT TO AUDIT
20.1 Vendor agrees that City shall, until the expiration of three(3) years after final payment
under the Agreement, have access to and the right to examine any directly pertinent books,
documents, papers and records of Vendor involving transactions relating to the Agreement.
Vendor agrees that City shall have access during normal working hours to all necessary
Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Rc i—d G 9.22-
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 18 of 30
ATTACHMENT-A
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the safe or purchase of property, goods, or services with a local governmental entity
(i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire")the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at
http://www.ethics.state.tx.us/forms/CIQ.pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City,state Contractor name in the# 1, use NIA in each of the areas on the form.
However, a signature is required in the#7 box in all cases.
Rr,-d 6.9,22-
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 19 of 30
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendot dWnq kwimss wbt�h k"qmenmwnw enfiq
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Purvis Industries, LLC
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FB 22-0147 Drivers and Gearboxes Parts and Services
Page 20 of 30
COIFLiCT OF INTEREST OUESTIONKANRRE
For vendor doing business with local Ertl snaky
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iTB 22-0147 Drivers and Gearboxes Parts and Services
Page 21 of 30
ATTACHMENT-B
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
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 goods 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.
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 listed in the
bid or request package.
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:
5050 North Freeway, Ft. Worth, Texas 76137
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed
50%] 1 do not understand the question. Purvis has many locations. All payments are remitted to Corporate Headquarters in Dallas.
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees? 16
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 is newly-
established)?
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.
Purvis Industries, LLC 6-8-2022
(Company Name) (Date)
Gait �'WVIr Gail Purvis Secretary/Treasurer
(Signature) (Printed Name and Title)
Reused 6.9.22-
ITB 22-4147 Drivers and Gearboxes Parts and Services
Page 22 of 30
ATTACHMENT C—VENDOR CONTACT INFORMATION
Single Point of Contact: Mike Pico
Vendor's Local Address: 5050 North Freeway, Ft. Worth, Texas 76137
Phone. 817-831-4581 office G-r1 WNV_060( Fax: 817-831-3465
Email: mike.pico@purvisindustries.com
Name of persons to contact when requesting services or billing questions.-
Name/Title David Stanley - Ft, Worth Branch Manager- Operations/Billing
Phone: 817-831-4581 Fax: 817-831-3465
Email: david.stanley@purvisindustries.com
Name/TitleTerry Simonton - Ft. Worth Branch Ops Manager- Services request
Phone: 817-831-4581 Fax: 817-831-3465
Email:terry.simonton@purvisindustries.com
Name/Title Mike Pico - Ft. Worth Branch - Account Manager/Sales
Phone: 817-831-4581 Fax: 817-831-3465
Email:
Will your company accept P-card payments? X yes no
666 ��Vls Gail Purvis 6-8-2022
Signature Printed Name Date
Itvwised h 932,,
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 23 of 30
ATTACHMENT D
REFERENCE SHEET
Please complete and return this form with your bid.
1. Company's Name The Timken Company
Name of Contact AR Manager
Title of Contact
Present Address 1835 Duber Avenue
City, State, Zip Code Canton, Ohio 44705
Telephone Number (330-4�1-3077 Fax Number( 330-471-4350
Email
2. Company's Name Baldor
Name of Contact AR Manager
Title of Contact
Present Address 5711 R.S. Boreham, Jr. St
City, State, Zip Code Port Smith, AR 72901
Telephone Number (479-64)4-5128 Fax Number(479-648-5937
Email
3. Company's Name Martin Sprocket&Gear
Name of Contact AR Manager
Title of Contact
Present Address PO Sox 91588.
City, State,Zip Code Arlington, Texas 76015-0088
Telephone Number (817-218-3000 Fax Number(817-238-3321
Email
Revixal 6.9.22u:
ITB 22-0147 drivers and Gearboxes Parts and Services
Page 24 of 30
ATTACHMENT E—DRAFT SERVICE AGREEMENT
The draft service agreement is attached as a separate document.
R-iv-d 6 9.22cc
ITB 22-0147❑rivers and Gearboxes Parts and Services
Page 25 of 30
ATTACHMENT F—VENDOR QUESTIONNAIRE
The information provided on this questionnaire and in the bid submittal will be used to evaluate your bid.
Please answer each question thoroughly.Answers may be provided on a separate sheet as long as each
response is labeled according to the question.
1. Date your company was established? 1945
2. How many years has your organization been in business under its present name? Purvis Industries - 16 yrs
a. List any former names your organization has operated under and the timeframe(s)_
Purvis Bros. Auto - 1945 - 1956
Purvis Bearing Service 1956-2006
3. Have you ever defaulted on a contract? If so, why were you unable to fulfill the obligation?
No
4. Is your company the manufacturer of drivers and gearboxes and equipment?
E] Yes Fx ]No
5. Is your company able to provide proof that they are authorized to sell and service drives and
gearboxes?
Fx_� Yes F_1 No
6. Is your company able to service multiple brands of dr
FTI Yes 7 No
If Yes please list brands your company is authorized to work on Dodge, Morse, Grove, Browning
Boston, Hub City, Falk, Rexnord, Foote-Jones, Nord, SEW Eurodirve, Sumitomo, Philadelphia
Transmital Bonfiglioli, Wes Tech, Wes Tech Engineering, Winsmith
7. How many employees will be performing the services requested?To be determined-depends on scope of job
8. Please describe the background and qualifications of each crew member, paying specific attention
to the items below:
a. Title
b. Number of years or months performing these services
C. Number of years employed by your company
d. Any licenses or certifications held by the crew member
a_ Title
b_ Number of years or months performing these services
C. Number of years employed by your company
d. Any licenses or certifications held by the crew member
a. Title
1Levised 6.9??ec
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 25 of 30
b. Number of years or months performing these services
C. Number of years employed by your company
d. Any licenses or certifications held by the crew member
9. Please provide your company's timeframe to provide service after notification. Section 6.3, Part 2.
Depending on crew availiability, Field Service Techs can usually provide service within 24 hours
10. What is the average length of time for your company to complete a standard rebuild?
Depending on parts availability and size of gearbox, normally 24 hours with expedite fees or 48 to 96 hours.
11. What is your company's plan or approach to perform repair services?
12. Please describe your company's method of reporting completed work.
Field Service Techs have daily Field, Time and Equipment Reports that the customer signs off on
13. Does your company keep written or electronic records of all work activities and equipment provided
to customers?
I - l Yes F-I No
Arms-6 9 22-
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 27 of 30
ATTACHMENT G—MIXERS AND GEARBOXES
Mixer or
Manufacturer Gearbox Model
Chemineer MIXER MFG 2HTP-1.5
Chemineer MIXER MFG 36TD-1.5
Chemineer MIXER MFG 3GTD-1.5
Chemineer MIXER MFG 4HTP-15
Chemineer MIXER MFG 5HTD-10
Chemineer MIXER MFG 7HTD-60
Dodge GEARBOX MFG TA3203H32
Dorris GEARBOX MFG PB315TR40
EIMCO GEARBOX MFG C40HT
EIMCO GEARBOX MFG C40LT
Falk MIXER MFG 204OFC4A
Falk MIXER MFG 4KZ4-01A3
Falk MIXER MFG 7-52-5EFX3-13139
Falk MIXER MFG KZ4-01A3
Foote-Jones GEARBOX MFG 1001-HLHS
Haywood Gordon MIXER MFG MEX-54
Invent Environmental
Technologies MIXER MFG HCM 2500
IXOM MIXER MFG GridBee GS-12
Landia MIXER MFG (Type) POP-1360
Li htnin MIXER MFG 506Q10T
Li htnirposton, Flub City, Falk, R MIXER MFG 74-Q-15
Li htnin MIXER MFG 83Q-1.5
Li htnin MIXER MFG 84-Q-15
Li htnin MIXER MFG XJ
Nord GEARBOX MFG 42F
Nord GEARBOX MFG 42W
Nord GEARBOX MFG SK 32 W
Nord GEARBOX MFG SK 32 WN
Nord GEARBOX MFG SK 52 W
Nord GEARBOX MFG SK 673.1-80U4 CUS SH
Nord GEARBOX MFG SK 9052.1VF N21OTC
Nord GEARBOX MFG SK 9052.1VF N210TC/10.00 EXP RD NSD-CA
Nord GEARBOX MFG SK 9052.1VF N21 OTC-215
Nord GEARBOX MFG SK32W
Nord GEARBOX MFG SK-42
Ra+-d 6.912c
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 28 of 30
Nord GEARBOX MFG SK42W
Nord GEARBOX MFG SK52WN
Nord GEARBOX MFG SK673.1-80LI4 CUS SH
Ovivo MIXER MFG LM 16
Philadelphia MIXER MFG 3836-S-PTO
Philadel hia MIXER MFG 3853M-SB
Philadelphia Marathon MIXER MFG WH-256THFNA9026AD-R47-R115-R116-1
PHIL4DELPHIA MIXERS
CORP. MIXER MFG 3803-PTO
SEW Eurodrive GEARBOX MFG FAF87 DRN100L4/TF/C
SEW Eurodrive GEARBOX MFG FAF87DRE100LC4TFC
Sew-Euro Drive GEARBOX MFG 87-7348994401-0001-16-80
Sew-Euro Drive Inc. GEARBOX MFG KA87B-R57A
Sew-Euro Drive Inc. GEARBOX MFG KA87BR57DT80N4-KS
Sew-Euro Drive Inc. GEARBOX MFG KA87BR620T80N4-KS
SEW-Eurodrive GEARBOX MFG RF87DRS71M4/C
SEW-Eurodrive Inc. GEARBOX MFG RF87 DRS71M4IC/DH
Solar Turbines GEARBOX MFG E196800-206-960
Sumitomo GEARBOX MFG CWJS-6160Y-43
Sumitomo GEARBOX MFG CWS-6245Y-21
Sumitomo GEARBOX MFG CWJS-6160Y-43
Sumitomo GEARBOX MFG VC1810
Sumitomo GEARBOX MFG VC1820
Sumitomo GEARBOX MFG VCS1860
Sumitomo GEARBOX MFG VCS19040
307 L2 25.4 FP EOVE/2 A GOA, 2T307L2025009,
Transmital Bonfi lion GEARBOX MFG 307
Transmital Bonfi lioli GEARBOX MFG W110 UFC1 N984T C
US Filter MIXER MFG SP601011928
US Filter MIXER MFG SP60101927
Walker Process GEARBOX MFG 42C
Walker Process GEARBOX MFG D80N16
Walker Process GEARBOX MFG D80N19
Walker Process GEARBOX MFG S42N12
WesTech GEARBOX MFG 24081A
Westech GEARBOX MFG CLC55
WesTech GEARBOX MFG RF77 DRN80M4/CIDH
WesTech Engineering Inc_ GEARBOX MFG 129151 Product ID: PA251924
WesTech Engineering Inc. GEARBOX MFG DV8050
WesTech Engineering Inc. GEARBOX MFG Part# 127272
WesTech Engineering Inc. GEARBOX MFG RF87 DRS71 M4/C/DH
WinSmith GEARBOX MFG MDTD (Assembly LU-LR
R—i,ad 6 y 22-
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 29 of 30
FORT WORTH,,,
ADDENDUM TO INVITATION TO BID 22-0147
DRIVERS AND GEARBOXES PARTS AND SERVICES
PURCHASING DIVISION
ADDENDUM NO. 1 DATE ISSUED: June 2, 2022
Invitation to Bid (ITB): 22-0147
BID OPENING DATE: June 9, 2022 (UNCHANGED)
ITB No. 22-0147, issued May 18, 2022, is hereby amended as follows:
1. Questions and Answers document is hereby incorporated, in full text, page 2.
2. Incorporate in full text, quantity change on line1 of the BID SOLICITIATON, page 3 of ITB
22-0147 Final Document V2.
All other terms and conditions remain unchanged.
lleadew Oakes
Heather Oakes
BUYER
-------------------------------------------------------------------------------
By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above
referenced ITB.
COMPANY NAME: Purvis Industries, LLC
SIGNATURE: Gale Tgrvlf
NOTE: Company name and signature must be the same as on the original bid documents. Failure to
return this form with your sealed bid may constitute grounds for rejection of your offer.
ITB 22-0147 Drivers and Gearboxes Parts and Services
Addendum No. 1, Page 1 of 2
Questions and Answers
Q1. Scope. Need description of Scope or Service Need a simple one for 1. And a detailed one for
Exhibit A
Al. Scope- Provide parts, repair services, overhaul services, startup services, or replacement units for all
of the items listed. Provide technical knowledge of items listed. We need a company that can assist the
City of Fort Worth with repairs and replacement units of drives and gearboxes, and assistance with
diagnosing problems out in the field. Most repairs should be done in the shop.
There is no Exhibit A.
Q2. Term. Need the # of years and #of renewals.
A2. The term is found in Part 2, Section 1.3 of 22-0147 Final Bid Document V1.
Q3. Compensation: Need value of compensation $85 by a qty of 25 is $2,125. What is the basis
for a qty of 25 hours?
A3. Line 1 should have been 100 hours.
ITB 22-0147 Drivers and Gearboxes Parts and Services
Addendum No. 1, Page 2 of 2
EXHIBIT B
PAYMENT SCHEDULE
See next page.
Vendor Services Agreement Page 12 of 12
v.1.4(November 30,2021)
FORT WOR°T11,
BID SOLICITATION
Even#ID Page Invited: MOTION INDUSTRIES INC
CFW01-22-0147 4 2589 NE 33RD ST
Event Round Version FORT WORTH TX 76111
i 1 _ United States
Event Name
ITB Drivers and Gearboxes Parts and ServiCes Submit To: City of Fort Worth
Start Time Finish Time FINANCIAL MANAGEMENT SERVICES
05 19 2D22 07:00:00 CDT 05/09Z2022 13:30:00 CDT FINANCE-Purchasing
200 Texas St. (Lower Level,South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Details
Line: 1
Description: _ Qtv Unit UnitPrice Total
Labor,Regular Hours, Monday-Friday 7:00 AM 12� HR
to 4PM 100 per Heather Oakes $rJ 00 $,rJO�
Total Bid Amount: 850O
Parts, Materials,and Equipment @ Manufacturer Cost Plus %/.Markup
A bid of"0"will be interpreted by the City as a no-charge(free)item and the City will not
expect to pay for that item.A bid of"no bid"or no response(space left blank)will be
interpreted by the City that the Offeror does not wish to bid on that item.Be advised,a"no
bid"or no response may be considered as non-responsive and may result in disqualification
of this bid.
ITB 22-0147 Drivers and Gearboxes Parts and Services
Page 3 of 30
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/09/22 M&C FILE NUMBER: M&C 22-0559
LOG NAME: 13P22-0147 DRIVERS AND GEARBOXES PARTS AND SERVICES
SUBJECT
(ALL)Authorize Execution of an Agreement with Purvis Industries, LLC for Drivers and Gearboxes Parts and Service in a Total Annual Amount Up
to$250,000.00 for the Water Department and Authorize Four One-Year Renewal Options for the Same Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize an agreement with Purvis Industries, LLC for drivers and gearboxes parts and service in a total
annual amount up to$250,000.00 for the Water Department and authorize four one-year renewal options for the same annual amount.
DISCUSSION:
The Water Department approached the Purchasing Division to purchase drivers and gearboxes parts and services. This agreement will provide
parts and repair services for the Water Department's drivers for wastewater equipment used in the treatment processes and gearboxes
for flocculator equipment, clarifier units and rapid mixer units used in the water treatment process. Purchasing issued an Invitation to Bid(ITB)that
consisted of detailed specifications for the drivers and gearboxes the City utilizes and the requirements to provide repair services.
ITB 22-0147 was advertised in the Fort Worth Star-Telegram on May 18, 2022, May 25, 2022, June 1, 2022, and June 8, 2022. A sole response
was received.
An evaluation panel consisting of representatives from the Water and Transportation and Public Works Departments reviewed and scored the
submittals using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below.
Proposer Evaluation Factors
a❑. ®�® Total Score Rank
Purvis Industries, LLC 12 10.67 12 40 74.67 1�
Best Value Criteria
a. Contractors qualifications
b. Availability of resources to provide services
c. Contractors approach to performing services
d. Price
Funding: The maximum annual amount allowed under this agreement will be$250,000.00, however,the actual amount used will be based on the
need of the department and the available budget. Funding is budgeted in the Water Department's rollup within the Water&Sewer Fund.
No guarantee was made that a specific amount of services would be purchased.
Agreement Terms: Upon City Council's approval,this agreement shall begin upon execution and expire one year from that date.
Renewal Terms: The Agreement may be renewed for four one-year renewal options for the same annual amount.The renewals do not require
specific City Council approval as long as sufficient funds have been appropriated.
DVIN-BE: A waiver of the goal for Business Equity subcontracting requirements is approved by the DVIN-BE, in accordance with the Business
Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible.
Administrative Change Order: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant
law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water and Sewer
Fund to support the approval of the above recommendation and award of the agreement. Prior to any expenditure being incurred,the Water
Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Reginald Zeno 8517
Dana Burghdoff 8018
Originating Business Unit Head: Anthony Rousseau 8338
Chris Harder 5020
Additional Information Contact: Cynthia Garcia 825
Heather Oakes 8354