HomeMy WebLinkAboutContract 59294DocuSign Envelope ID: 5044C558-7A43-487C-95DC-4717CBA68FD4
CSC No. 59294
FORTWORTH.
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 SHERMCO INDUSTRIES, INC. ("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. Provide electric motor repair and replacement services as needed
("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 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 4 automatic one-year renewal
option(s) (each a "Renewal Term").
3. Compensation.
3.1 Total compensation under this Agreement will not exceed Eight Hundred
Thousand Dollars and Zero Cents ($800,000.00).
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
OFFICIAL RECORD
CITY SECRETARY
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appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City 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. Ri2ht 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.
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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
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.
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 ACTS) 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, REPRSENTATIVES,
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
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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,
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.
Assignment and Subcontracting.
9.1 Assi mg nent. 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
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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.
(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 Reiulations. 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:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Shermco Industries, Inc.
Kim Gawronski, Sr. Director Legal Risk
2425 E. Pioneer Drive
Irving, TX 75061
Facsimile:
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 Majeure. 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 Bove tt 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 Energy 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:
By:
Dand�(��U42 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date:
Vendor:
LfftE"ffb-
Signed by:
By
Name:
Kim Gawronski
Title: Sr. Director, Legal and Risk
Date: 24-Apr-2023 1 1:00 PM PDT
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
Chrisfoaher ffarder
By: Christopher Harder(Apr25,202309:12 CDT)
Name: Chris Harder
Title: Water Department Director
Approved as to Form and Legality
IBy: DBiack (Apr 25, 202317:07 CDT)
Name: Doug Black
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-0267
Form 1295: 2023-984094
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: s, a
Name: Shatabya Bergland
Title: Contract Compliance Specialist
City Secretary:
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By:
Name: Jannette Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
See next page.
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:7_1:4IPA
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to establish an annual agreement for electric motor
repair and replacement services for the Water Department on an "as needed" basis.
Prospective 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"1" Vendor."
1.2 This Agreement shall begin on the date the City Secretary Contract is executed by the
Assistant City Manager ("Effective Date") and shall expire one year from that date,
("Expiration Date"), unless terminated earlier in accordance with this Agreement ("initial
Term"). Upon the expiration of the Initial Term, the Agreement shall automatically renew
under the same terms and conditions for up to four (4) one-year renewal periods, 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 1 Vendor.
1.3 Unit prices shall include all costs associated with the goods and services, including but not
limited to shipping, handling, fuel charges, fees and certifications fees. NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.4 Following 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 offered and price sheet provided with the
bid.
1.5 Any specifications/requirements 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.
1.6 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
Februa 1, 2023
Pre -Bid Conference
February 7, 2023 at 2PM Local Time
Deadline for Questions
February10, 2023 at 5PM Local Time
Answers Posted
Februa 15, 2023
ITB Responses Due Date
February 23, 2023 AT 1:30 p.m. (Local
Time
Recommended Vendor Selection
March 2023
Contract Execution
A ril 2023
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Electric Motor Repair and Replacement Services
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8.0 REQUIRED EQUIPMENT
8.1 Equipment required includes, but is not limited to the following:
8.1.1 Lifting equipment to safely move electric motors and accessories;
8.1.2 Cleaning capabilities;
8.1.3 Machine tools;
8.1.4 Welding equipment;
8.1.5 Hydraulic bearing pullers;
8.1.6 Lathes, milling machine, drill press;
8.1.7 Dynamic balancing and trim equipment and capabilities;
8.1.8 Stator core loss tester;
8.1.9 Temperature regulated burn off oven and baking oven;
8.1.10 Class H insulating materials of sufficient quantity to treat new windings, rewind
area must be clean and temperature -controlled environment;
8.1,11 Sufficient inventory of inverter -duty rated magnet wire and coil winding equipment;
8.1.12 Dip tank;
8.1.13 Vacuum pressure impregnation system;
8.1.14 DC Hipot (high potential) tester, and
8.1.15 Inventory and recordkeeping system necessary to trace, monitor, log, and provide
reports on all repair work. Records shall be maintained a minimum of three (3)
years.
9.0 ELECTRICAL MOTOR SPECIFICATIONS
9.1 The City's electric motor inventory includes various frames, orientations, makes, and
models ranging from two (2) Horse Power (HP) to 2500 HIP running on voltages ranging
from 120 volts to 4160 volts. Current electric motor inventory includes over 500 electric
motors, located at various water/wastewater plants and pump stations.
9.2 The Contractor shall be selected for job order tasks based on repair/replacement prices,
onsite trouble shooting ability (when required), estimated speed of repairs, familiarity with
equipment, and capabilities of shop. It is anticipated that not all contractors shall have the
shop ability to repair, troubleshoot, and test the entire range of motor sizes owned by the
City. The Contractor shall only be considered for tasks which they have the capability to
perform.
9.3 Each new motor shall be provided with two operation and maintenance manuals, which
shall include technical drawings and performance data. The Contractor start-up services
shall be compensated under the hourly rate on the Price Submittal Page.
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9.4 This contract in no way restricts the City from the option of taking competitive bids for the
procurement of new motors, especially large or custom motors.
9.5 Price for motor replacement shall be based on a percentage of the average Vaughen's
"user' price. The "user" price is defined as the industry wide average price that motor repair
shops charge a customer for a new motor.
9.6 The Contractor shall provide shop drawings to the City showing motor lay lengths,
orientation of cable entry, and operating parameters prior to issuance of purchase order.
10.0 CONTRACTOR'S RESPONSIBILITIES
10.1 The Contractor shall-
10.1.1 Provide the City materials and workmanship of the highest industry standard.
Unless otherwise agreed to, parts, materials and equipment purchased and
installed through this contract shall be new and subject to inspection and approval
by the City Representative prior to delivery.
10.1.2 Be responsible for all City equipment while it is in the Contractor's custody.
10.1.3 Be required to perform/provide on -site technical assistance and/or troubleshooting,
as well as preventive and predictive maintenance upon request by the City. Field
services shall be compensated at the hourly rate listed on the Price Submittal
page.
10.1.4 Provide work, services, technical expertise, materials, and equipment normally
associated with pump and equipment motors.
10.1.5 Perform motor repair services both on -site and at the Contractor's repair facility.
10.1.6 Provide rewind, repair and replacement of various types of electric motors. Electric
motor work shall be performed on, but not restricted to, pumps, water and
wastewater treatment equipment.
10.1.7 Provide an acceptable level of service in terms of cost, time and workmanship. If
any issues regarding the services or parts are found to be unsatisfactory, the
Contractor shall be given an opportunity to correct. Failure of the Contractor to
correct services or parts to a satisfactory condition shall be considered grounds for
terminating Agreement between the Contractor and the City.
10.1.8 Inform the City when he/she arrives on site and leaves, and report his/her hours
worked though completion of a work summary sheet. Hourly rates for field work will
commence from the time the Vendor arrives on site and continue until the Vendor
departs the site. Where appropriate, invoices shall include mileage required for
pickup and delivery of equipment. Depending on the work performed, City may
hold invoices until required reports are received by the City.
11.0 ELECTRIC MOTOR REPAIR AND RECONDITIONING
11.1 All repaired or completely reconditioned motors shall have a separate metal tag screwed or
riveted next to the manufacturers I.D. metal plate with the Contractor's name, address,
phone number, and date of motor repair.
11.2 Motor reconditioning shall correspond with the scope of work outlined under Vaughen's
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Electric Motor Repair and Replacement Services
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published scope of work, to include the following basic work components:
11.2.1 Disassemble, inspect and perform electrical tests;
11.2.2 Steam clean, dip and bake, and
11.2.3 Assemble, test, and paint.
11.3 Upon completion and before delivery is taken on a motor overhaul or rewind, the motor or
stator shall be certified as surge comparison tested for winding condition. This shall be
performed as part of the basic reconditioning service.
11.4 Observations, measurements, and test results shall be provided to the City in an
abbreviated report as part of this base work.
11.5 Costs for the City requested additional work required to recondition and/or repair motors, to
include furnishing and installing two new ball bearings, dynamically balancing the rotor,
bore and bush bracket, and/or metallizing one surface will be based on percentage of the
Vaughen's most current published price.
11.6 Costs for additional work not outlined in the Vaughen's publication, to include additional
machine work, testing, welding, specialty parts, etc., will be compensated based on the
applicable hourly field and/or shop labor rate plus the parts and material costs.
12.0 ELECTRICAL MOTOR REWINDS
12.1 All rewound motors shall have a separate metal tag screwed or riveted next to the
manufacturers ID metal plate with the Contractor's name, address, phone number, and
date of motor rewind.
12.2 Upon completion and before delivery is taken on a motor rewind, the motor or stator shall
be certified as surge comparison tested for winding condition. This shall be performed as
part of the basic rewinding service.
12.3 Motor rewinding shall correspond to the scope of work outlined under the most current
Vaughen's published scope of work, to include the following basic work components:
12.3.1 Dismantle, inspect, test, strip and clean;
12.3.2 Make and install insulation;
12.3.3 Make and insert coils, and
12.3.4 Connect, dip and bake random wound motors, vacuum pressure impregnate form -
wound motors. Provide written report to the City documenting observations,
measurements, and test results as part of base work.
12.4 The minimum class of insulation shall be Class H, as specified by NEMA.
12.5 Costs for the City requested additional work required to recondition and/or repair motors, to
include furnishing and installing two new ball bearings, dynamically balancing the rotor,
bore and bush bracket, and metallizing one surface shall be based on percentage of the
Vaughen's most current published price.
12.6 Costs for additional work not outlined in the Vaughen's publication, to include mechanical
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Electric Motor Repair and Replacement Services
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repairs, machine work, testing, welding, specialty parts, etc., shall be compensated based
on the applicable hourly field and/or shop labor rate plus the parts and material costs.
13.0 PREDICTIVE MAINTENANCE AND DIAGNOSTICS- ELECTRIC MOTORS AND MOTOR CIRCUITS
13.1 Predictive maintenance and diagnostics for electric motors and circuits may include, but not
be limited to the following:
13.1.1 Vibration testing;
13.1.2 Infrared thermography;
13.1.3 Insulation resistance, polarization index, DC HiPot, and surge tests;
13.1.4 Lubrication and particle wear analysis, and
13.1.5 Electrical, performance and efficiency analysis.
13.2 Field work to perform predictive maintenance testing and analysis will be paid at the hourly
rate listed on the Price Submittal page.
13.3 Follow up data analysis, evaluation, recommendations, and report writing will be paid at the
hourly rate on the Price Submittal page.
13.4 Testing that occurs at the shop will be paid at the unit price for shop labor listed on the
Price Submittal page.
14.0 MECHANICAL REPAIRS
14.1 Repair shops shall have shop machining capabilities to troubleshoot and make mechanical
repairs to motor, couplings, shafts, and miscellaneous motor and drive components, to
include ancillary items such as gearboxes.
14.2 Mechanical repairs to motors and motor components will be compensated at the applicable
shop labor rate plus parts and materials cost markup from the Price Submittal page.
14.3 When instructed by the City, mechanical repairs to electric motors shall be vibration tested
prior to delivery.
15.0 REPAIR ESTIMATES
15.1 The Contractor shall provide an estimate for repair in writing before proceeding with any
repair work,
15.2 Estimates will be provided not later than seventy-two (72) hours after the Contractor has
received the motor.
15.3 Estimates will include the cost of a new motor as an alternative, based on the percentage
of the Vaughen's Price Index "user" price included in the bid proposal.
15.4 The City reserves the right to replace the motor rather than repair it. No additional costs
other than the shop labor costs for tear down and assessment time shall be charged to
the City if the motor is not repaired.
15.5 All non -repaired motors and parts will be returned to the City.
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15.6 in some cases, field troubleshooting and the Contractor recommendations and a repair
estimate shall occur prior to removing the motor and delivery to the Contractor's shop. In
cases where a field investigation is required, the Contractor will be compensated at the
applicable hourly rates on the Price Submittal page.
16.0 WARRANTY
16.1 The Contractor shall warrant all equipment and parts furnished as new under this contract
are newly manufactured and free from defects in material and workmanship for no less
than one (1) year from the date the equipment is delivered.
16.2 The Contractor shall warrant that all rebuilt or repaired equipment and parts furnished
under this contract shall meet manufacturer's specifications and are free from defects in
material and workmanship for no less than one (1) year from the date the equipment is
delivered.
16.3 The Contractor shall warrant all labor involved in the rewind and repair of electric motors
and associated equipment for no less than one (1) year from the date the equipment is
delivered. This includes, but is not limited to, welding and machine work.
16.4 The Contractor shall warrant all new motors purchased under this contract for a period of
one (1) year against defects.
16.5 Warranty shall include accepted trade standards of quality, fitness for the intended uses,
and conformance to specifications.
16.6 All defective products will be replaced and exchanged by the Contractor. The cost of
transportation, unpacking, inspection, re -packing, re -shipping or other like expenses will
be paid by the Contractor.
16.7 Contractor agrees to repair or replace promptly, on a one -for -one basis without additional
cost to the City of Fort Worth, any and all defective work and products. The City defines
"prompt" repair or replacement to be within twenty- four (24) hours after notification by
authorized City personnel.
16.8 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for
work performed and materials furnished under this contract, the Contractor shall:
16.8.1 Obtain all warranties that would be obtained in normal commercial
practice;
16.8.2 Enforce all warranties for the benefit of the City of Fort Worth.
17.0 CITY RESPONSIBILITIES
17.1 Shipping/receiving reports provided by the Contractor will be signed by appropriate City of
Fort Worth personnel to verify custody/acceptance of equipment.
17.2 Upon inspection of services completed, the City personnel shall notify the Contractor if any
issues regarding the services or parts are found to be unsatisfactory.
18.0 PERFORMANCE OF SERVICES
18.1 On -site motor repairs shall be performed at the following locations:
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18.1.1 Eagle Mountain Water Treatment Plant (WTP)
6801 Bowman Roberts Road
Fort Worth, TX 79179
18.1.2 Rolling Hills WTP
2500 SE Loop 820
Fort Worth, TX 76140
18.1.3 North & South Holly WTP
1500 11th Avenue
Fort Worth, TX 76102
18.1.4 Village Creek Water Reclamation Facility
4500 Wilma Lane
Arlington, TX 76012
18.1.5 Westside WTP
12200 Old Weatherford Road
Fort Worth, TX 76008
18.1.E Various Water distribution pump stations and tanks that will be provided to the
vendor upon award.
18.2 The Contractor shall be responsible for pick-up and delivery of all motors when and where
requested by the City.
18.3 The Contractor shall perform all pick-up and delivery within twenty-four (24) hours of
notification by the City.
18.4 The Contractor shall be compensated for pickup and delivery of motor/equipment at the per
mile fee included on the Price Submittal page. This fee shall include all costs associated
with the pickup and delivery of the equipment.
18.5 Hourly rates shall be invoiced to the nearest'/ hour.
18.6 Normal business hours are Monday through Friday, 7:OOAM- 4:OOPM.
18.7 Overtime/emergencies are Monday through Friday 4:01 PM- 6:59AM and weekends.
19.0 LAWS, REGULATIONS, AND ORDINANCES
19.1 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.
20.0 INVOICING_ REQUIREMENTS
20.1 The City of Fort Worth operates an automated invoicing system (AIM).
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20.2 The Contractor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: supplierinvoices().fortworthtexas.aov. 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.
20.3 Please include the following on the subject line of your e-mail: vendor name, invoice
number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-
0000001234)
20.4 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 (i.e. the PO number must contain all
preceding zeros);
• Invoice number;
• Invoice date; and
• Invoices should be submitted after delivery of the goods or services.
20.5 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
supplierinvoices Ofortworthtexas.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 Accounts Payable(a-fortworthtexas.gov.
20.6 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.
20.7 If electronic invoicing is not possible, you may send your paper invoice to:
City of Fort Worth
Attn: 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 _AccountsPayable(cDfortworthtexas.goy.
20.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish
a tax exemption certificate upon Vendor's request.
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21.0 UNIT PRICE ADJUSTMENT
21.1 Vendor may request a Price Adjustment based on Price Adjustment Verification up to one
time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or
downward, from the established contract price that is supported by demonstrated Price
Adjustment Justification. A request for a Price Adjustment must be initiated by the Vendor.
Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the
sole discretion of the City to determine whether an adjustment is necessary and/or
acceptable.
21.2 Quarterly means the City's Fiscal year quarters, being each of the three (3) month periods
the first of which begins October 1. Quarter (Q) 1: October 1 — December 31; Q2: Jan 1 —
March 31; Q3P: April 1 — June 30; Q4: July 1 — September 30.
21.3 Price Adjustment Justification means documentation supporting a requested Price
Adjustment and showing an objectively verifiable basis for a change in price due to the
documented impact of economic conditions on labor, equipment, or materials. Examples of
possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or
updated supplier price sheets. It is within the sole discretion of the City to determine
whether Price Adjustment Justification is sufficient and/or acceptable.
21.4 The Vendor must submit its Price Adjustment request, in writing, at least 60 days before the
effective period (15t day of a new quarter). The Vendor must provide all Price Adjustment
Justification, as defined above, at the time of its request for a Price Adjustment.
21.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is
unreasonable or not fully supported by adequate Price Adjustment Justification, the City
reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its
entirety and allow the contract to expire at the end of the contract term. If the City elects not
to accept a requested Price Adjustment, the Purchasing Division may issue a new
solicitation.
21.6 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. Upon expiration of the Agreement
term 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.
21.7 Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day
prior written notice to the Purchasing Manager.
21.8 Only Published price changes will be accepted. Prices that were in effect at the time of
order placement shall take precedence.
21.9 To submit a quarterly unit price adjustment request, email the proposed revised line item pricing
and justification for the price change to FMSPurchasingResl,onses(o�fortworthtexas.ctov.
21.8.1 Emails must include "Quarterly Unit Price Adjustment Request" and the bid number on
the subject line to be considered. For example: "Quarterly Unit Price Adjustment
Request- Bid No. 23-0021."
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Electric Motor Repair and Replacement Services
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22.0 PERFORMANCE
22.1 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.
23.0 SUBCONTRACTING
23.1 No subcontracting of the work under this contract will be allowed without written permission
from the City.
24.0 HAZARDOUS CONDITIONS
24.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to any property.
24.2 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.
25.0 CONTRACT ADMINISTRATION AND TERMINATION
25.1 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
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.
25.2 In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Senior 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.
25.3 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.
25.4 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.
26.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
26.1 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
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EXHIBIT B
PAYMENT SCHEDULE
See next page.
Vendor Services Agreement Page 12 of 12
v.1.4 (November 30, 2021)
DocuSign Envelope ID: 5044C558-7A43-487C-95DC-4717CBA68FD4
FORT'WORTH
Ir-0- PRICE SUBMITTAL
Event ID Page
CFW01-23-0021 4
Event Round Version
1 1
Event Name
ITB Electric Motor Repair and Replacement_. Services
Start Time Finish Time
02 01 2023 08:00:00 CST 02/23/2023 13:30:00 CST
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Hall Purchasing
200 Texas St. (Lower Level Rm 1500)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Descri ion: City Unit UnitPrice Total
Services. Pickup and Delivery, Motor(s), Rate per mite 550.00 DH
1.50 825.00
Line: 2
Description: Qty Unit UnitPrice Total
Services, Shop Labor, Regular Hours, Mon- 910.00 HR
Fri, 7:00 AM-4:00 PM 80.00 72,800.00
Line: 3
Description: Qtv Unit UnitPrice Total
Service, Shop Labor, Overtime or Emergency 700.00 HR
Work, Mon -Fri 4:01 PM to 6:59 AM and All 120.00 84,000.00
Day Saturday and Sunday
Line: 4
Description: City Unit UnitPrice Total
Services, Field Services, Regular Hours, 900.00 HR
Mon -Fri, 7:00 AM-4:00 PM 85.00 76,500.00
Line: 5
Description:
Qty
Unit
UnitPrice
Total
Services, Field Services, Overtime or
700.00
HR
Emergency Work, Mon -Fri 4:01 PM to 6:59
125.00
AM and All Day Saturday and Sunday
87,500.00
Line: 6
Description:
Qty
Unit
UnitPrice
Total
Services, On -site, Predictive Maintenance Field Services
1000.00
HR
85.00
85,000.00
Line: 7
Description:
Qtv
Unit
UnitPrice
Total
Services, Field Investigation Services
25.00
HR
85.00
2,125.00
Line: 8
Description:
City
Unit
UnitPrice
Total
Services, Start up Services
25.00
HR
85.00
2,125.00
Line: 9
Description:
Qtv
Unit
UnitPrice
Total
Services, Report Writing, Office
500.00
HR
Analysis & Data Interpretation
85.00
42,500.00
Line: 10
Description:
City
Unit
UnitPrice
Total
Services, Recondition Motor, Per
125000.00
DO
Vaughan's Basic Scope of Work, Cost +
25,000.00
20% Markup
150,000.00
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rORT WORTS [
PRICE SUBMITTAL
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-23-0021 s
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - City Hall Purchasing
ITB Electric Motor Repair and Re lacement Services 200 Texas St. (Lower Level Rm 1500)
Start Time Finish Time Fort Worth TX 76102-6314
02 01 2023 08:00:00 CST 02 23 2023 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 11
Description:
lily
Unit
UnitPrice
Total
Services, Rewind Motor, per Vaughen's
50000.00
DO
Basic Scope of Work, Cost + 20 %, Markup
10,000.00
I
k 60,000.00
I
Line: 12
Description:
Qty
Unit
UnitPrice
Total
Services, Furnish/Install Ball Bearings, per Vaughen's
49375.00
DO
Basic Scope of Work, Cost + 20 % Markup
9,875.00
59,250.00
Line: 13
Description:
Qt
Unit
UnitPrice
Total
Services, Dynamic Balance, per Vaughen's
25000.00
DO
Scope of Work, Cost + 50 % Markup
12,500.00
37,500.00
Line: 14
Description:
Qty
Unit
UnitPrice
Total
Services, Metalize One Surface, per Vaughan's Scope of
125000.00
DO
Work, Cost + 1001% Markup
125,000.00
250,000.00
Line: 15
Description:
Qty
Unit
UnitPrice
Total
Services, Bore and Brush End Bracket, per
105000.00
DO
Vaughen's Scope of Work, Cost + 50 % Markup
52,500.00
157,500.00
Line: 16
Description:
Qty
Unit
UnitPrice
Total
New or Replacement Motor, per Vaughen's
350000.00
DO
Scope of Work, Cost + 50 % Markup
175,000.00
525,000.00
Line: 17
Description: Qty Unit UnitPrice Total
Miscellaneous parts and materials, Cost + 225000.00 DO
% Markup. Quantity listed is the 40.500,00 �265,500.00
estimated annual cost. An example of the
total to be listed on this line item
is $225000 + $22,500 (10% MARKUP) = Total Bid Amount: 1,948,125.00
$247,500.
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.
Prompt Payment Discount Terms: N/A Percent N/A Days (i.e. 3% Net 15, etc.)
ITB 23-0021
Electric Motor Repair and Replacement Services
Page 4 of 35
DocuSign Envelope ID: 5044C558-7A43-487C-95DC-4717CBA68FD4
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/11/23 M&C FILE NUMBER: M&C 23-0267
LOG NAME: 13P ITB 23-0021 ELECTRIC MOTOR REPAIR AND REPLACEMENT AW WATER
SUBJECT
(ALL) Authorize Execution of Agreements with Evans Enterprises, Inc. and Shermco Industries, Inc. for Electric Motor Repair and Replacement
Services for the Water Department in a Combined Annual Amount Up to $2,000,000.00 and Authorize Four, One -Year Renewals for the Same
Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize execution of agreements with Evans Enterprises, Inc. and Shermco Industries, Inc. for electric
motor repair and replacement services for the Water Department in a combined annual amount up to $2,000,000.00 and authorize four, one-year
renewals for the same annual amount.
DISCUSSION:
The Water Department approached the Purchasing Division for assistance with securing an agreement for electric motor repair and replacement
services on an as -needed basis. Under the proposed agreements, the vendors will provide field and shop repairs on various sized electric motors
located at water and wastewater treatment plants, and pump stations. In the event the motor cannot be repaired, the vendors will offer options
of replacement motors to ensure all the electric motors are properly functioning, and do not impede the delivery of services. Purchasing issued an
Invitation to Bid (ITB) that consisted of detailed specifications including the certification and licensing requirements of prospective vendors, the
equipment required to perform repairs, and the response time needed to ensure repairs are performed in a timely manner.
The ITB was advertised in the Fort Worth Star -Telegram on February 1, 2023, February 8, 2023, February 15, 2023, and February 22, 2023. The
City received three responses. However, upon evaluation one bidder, Brandon & Clark, did not score at least 50% or more of the total available
points for technical criteria and, therefore, was not qualified to receive pricing points.
An evaluation panel consisting of representatives from the Water Department reviewed and scored the submittal using Best Value criteria. The
individual scores were averaged for each of the criteria and the final scores are listed in the table below.
Bidder Evaluation Factors
EEEd Total score
Evans
Enterprises, 13.3310.6714.17 35.00 72.50
Inc.
Bidder did not Bidder did not
Brandon meet technical meet technical
and Clark, Inc. 7.33 10.00 12.50 points; therefore, points; therefore,
cost was not cost was not
evaluated evaluated
Shermco
Industries, Inc.10.00
9.33
F3.33
30.36
63.03
Best Value Criteria:
a. Contractor's availability of equipment, inventory, and personnel to perform repairs
b. Contractor's ability to perform services in a timely manner
c. Extent to which the services meet the City's needs (capacity to perform work such as voltages they can handle, etc.)
d. Cost of service.
After evaluation, the panel concluded that Evans Enterprises, Inc. and Shermco Industries, Inc. presented the best value. Therefore, the panel
recommends that Council authorize agreements with Evans Enterprises, Inc. and Shermco Industries, Inc. No guarantee was made that a specific
amount of services would be purchased. Staff certifies that the recommended vendors' bids met specifications.
FUNDING: The maximum amount allowed under this agreement for the initial term will be $2,000,000.00; however, the actual amount used will be
based on the need of the department and available budget.
DocuSign Envelope ID: 5044C558-7A43-487C-95DC-4717CBA68FD4 a Wastewater Departments rollup within the Water & Sewer Fund.
DVIN-BE: A waiver of the goal for Business Equity subcontracting requirement 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.
AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire one year from that date.
RENEWAL TERMS: This agreement may be renewed for four additional, one-year terms at the amount authorized through this M&C. This action
does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations
during the renewal term.
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 upon approval of the recommendation, funds are available in the current operating budget, as previously
appropriated, in the Water & Sewer Fund. Prior to an 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
Originating Business Unit Head:
Additional Information Contact:
Expedited
Dana Burghdoff 8018
Reginald Zeno 8517
Christopher Harder 5020
Jo Ann Gunn 8525
Alyssa Wilkerson 8357