HomeMy WebLinkAboutContract 6387263872
City Secretary Contract No.
FORT WORTH.
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, and WesTech
Engineering, LLC ("Vendor" or "Contractor"), each individually referred to as a "party" and collectively
referred to as the "parties."
1. Scone of Services. Vendor will provide City with Original Equipment Manufacturer
(OEM) WesTech clarifier drive units, parts and repair services on an as -needed basis ("Services"), as set
forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. If any
provisions of the attached Exhibits conflict with the terms herein, are prohibited by applicable law, conflict
with any applicable rule, regulation or ordinance of City, the terms in this Agreement shall control.
2. Term. The initial term of this Agreement is for 1 year, 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. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total annual
compensation under this Agreement will be in the amount up to Eight Hundred Thousand Dollars
($800,000.00). 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.
4.3 Duties and Oblisations 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
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CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
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. Indeuendent 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,
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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, contractors, or contractors.
Liabilitv and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, 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, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING 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, 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 and/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, 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
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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/or documentation with equally suitable,
compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to 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 Assisnment. 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.
(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
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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):
$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
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(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.
(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 Remlations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
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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 or (2) 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
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
WesTech Engineering, LLC
Justin Saltzgiver, Account Manager/Field Tech
P.O. Box 65068
Salt Lake City, UT 84165
Facsimile: 801-265-1080
14. Solicitation of Emulovees. 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.
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.
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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 maj eure 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 its Exhibits.
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
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 Nationalitv 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
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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 HO D CITY HARMLESS FRO
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. O nership 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 Authoritv. 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 Companv 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 Bovcott 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"
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 Bovcotting Energv Companies. Vendor acknowledges that in accordance
with Chapter 2276 of the Texas Government Code, 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
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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. To the extent that Chapter 2276 of the
Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to 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, 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. 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 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.
*Notwithstanding any other provision in the Contract documents:
Consequential Damages. Neither Party shall be liable to the other Party whether in contract, in tort, by way of strict liability or by
application of any other principle of law, for any special, incidental, indirect, consequential, exemplary, or punitive damages or for
losses, loss of profits or revenues, loss of anticipated profits, loss of opportunities, loss of goodwill or loss of capital or projected
capital value.
Liability. The total aggregate liability of each Party to the other Party under this Contract shall be capped and limited to the price
listed under Section 3.1 of this Agreement but this cap limitation shall not apply to claims or liabilities arising from willful
misconduct or criminal acts. The Contract price reflects the cap and limitations on liability contained in this clause, without which
the Contract price would be significantly higher.
Delay Damages. Not applicable.
Warranty. Seller's Express Warranty Terms apply to all Warranty Claims. No additional or implied warranties apply.
Proposal. Seller's scope of supply, schedule, tax and freight conditions are subject to the descriptions, clarifications and
exceptions set forth by Seller in its Proposal.
Retention. Purchaser's receipt of payment from the Owner shall not be a precondition for payment to Seller, and payment of any
retention shall not exceed 120 days from delivery.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: 9'
Name: ��Rm
Title: Assistant City Manager
Date: 08/27/2025
APPROVAL RECOMMENDED:
By: dw,s�fiar &-r
Name:ClGk4niA14411;dtr CAug 26, 2025 06:53:54 CDT)
Title: Water Director
ATTEST:
o� FORrnaa
e
oP,� e,o
�oA-►dd
?a*�o o*d
CaCIl
By:
nEo 4gQgo
Name: nnette GooAdall
Title: City Secretary
VENDOR:
WesTech Engineering, LLC
(� By: August 25, 2025
Name: Neal Smith
Title: VP Aftermarket
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: Q Fes.
Name: �haj*P &T a4 25, 2025 23:13:50 CDT)
Title: Sr. Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By:
Name• essika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 25-0164 (2/25/25)
Form 1295: 2024-1145601
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES & PRICE SCHEDULE
Vendor will provide City with Original Equipment Manufactu er (OEM) WesTech clarifier drive units,
parts and repair services on an as -needed basis.
Total annual compensation under this Agreement will be in the amount up to Eight Hundred
Thousand Dollars ($800,000.00). Attached quotes are for reference only and are included to illustrate
unit pricing. They do not obligate the City to make any purchase(s). 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.
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Page 1 of 4
WESTECH QUOTATION
IQuotation No.
SALT LAKE CITY, OUTAH 84165-0068 I Phone:X 65068 Fax: 8010--265 1080 0 I QUO-04001 F F6W4
Thank you for the opportunity to quote you with your equipment needs.
Please review the following and contact us toplace an order or ask any questions.
Date:
10/11/2024 Oppty #:
2490976
Ship Via:
BW
RFQ No.:
MasterJob No.:
3629E (146664)
Freight:
FSP-PPA
Quoted By:
David MORTENSEN Prime Name:
Village Creek WRF
Lead Time:
140 days
Phone:
+1(801) 290-1877 Equipment:
130' Conventional Clarifier
Quote Valid:
Thru 30 September 2025
Email:
DMORTENSEN@westech- Payment Terms:
NET30
inc.com
Bill To:
City of Fort Worth
Ship To:
Village Creek WWTP
Daniel Salgado
4500 Wilma Ln
Water & Sewer Administration
Arlington, TX 76012
200 Texas Street
US
Fort Worth, TX 76102
US
Tel/Cell:
Tel/Cell:
Email:
Daniel.Salgado@fortworthtexas.gov
Email:
Daniel.Salgado@fortworthtexas.gov
Item Line
A
B
C
D
E
E.1
E.2
E.3
E.4
E.5
Item No.
100
208/209
221/223
205
615
614
616
608
609
Part/Dwg Number
DV8050-C60
D222
D230/D231
D220
SKXDT019A
SKXDT020A
2-19262
SKXDT011K
SKXDT015A
Description
WesTech C60 Cage Drive, Replacement for
Serial No. 3629E
WesTech Drive Cage, Replacement for Serial
No. 3629B
Set of WesTech Rake Arms, Replacements for
Serial No. 3629B
WesTech Center Column, Replacement for
Serial No. 3629E
Replacement Parts for a WesTech Scum
Skimmer Assembly
Support Arm, Skimmer Assembly
Pivot, Skimmer Assembly
Extension Spring, Skimmer Assembly
Bottom Wiper (6'), Skimmer Assembly
Side Wiper, Skimmer Assembly
Qty I Units I Unit Price I Net Price
1 ASM $97,194.00 $97,194.00
1 EA $49,998.00 $49,998.00
1 SET $270,661.00 $270,661.00
1 EA $83,695.00 $83,695.00
1 EA $107.00 $107.00
1 EA $63.00 $63.00
1 EA $43.00 $43.00
1 EA $112.00 $112.00
1 EA $31.00 $31.00
No sales, GST, PST, use, or other taxes have been included in our pricing. No
Quoted in US Dollars Grand Total $501,904.00
discounts accepted.
Please see the attached General Terms and Conditions and Warranty Information.
Minimum Order amount is US $100.
All information provided with and including this proposal is considered proprietary and is not for distribution without express written
consent of WesTech Engineering L-C.
WesTech prefers that payments under $3,000 are processed by Credit Card. Any orders over $10,000 can not be accepted by Credit
Card and will be invoiced at terms. This is to include freight and taxes. A processing fee of up to 4 percent on Credit Cards may be
added where allowed by law.
This Quotation is subject to all specifications above as well as all attachments included with this document.
Thank you again for your quote request!
Page 2 of 4
Best Regards,
David MORTENSEN
Page 3 of 4
General Terms of Sales
Quotation No: QUO-04001-QF6M
Terms and Conditions appearing in any order based on this proposal which are
inconsistent herewith shall not be binding on WesTech Engineering, LLC. The sale and
purchase of equipment described herein shall be governed exclusively by the
foregoing proposal and the following provisions:
1. SPECIFICATIONS: WesTech Engineering, LLC is furnishing its standard equipment as
outlined in the proposal and as will be covered by final approved drawings. The
equipment may not be in strict compliance with the Engineer's/Owner's plans,
specifications, or addenda as there may be deviations. The equipment will, however,
meet the general intention of the mechanical specifications of these documents.
2. ITEMS INCLUDED: This proposal includes only the equipment specified herein and
does not include erection, installation, accessories, nor associated materials such as
controls, piping, etc., unless specifically listed.
3. PARTIES TO CONTRACT: WesTech Engineering, LLC is not a partyto or bound by the
terms of any contract between WesTech Engineering, LLC's customer and any other
party. WesTech Engineering, LLC's undertakings are limited to those defined in the
contract between WesTech Engineering, LLC and its direct customers.
4. PRICE AND DELIVERY: All selling prices quoted are subject to change without notice
after 30 days from the date of this proposal unless specified otherwise. Unless
otherwise stated, all prices are F.O.B. WesTech Engineering, LLC or its supplier's
shipping points. All claims for damage, delay or shortage arising from such equipment
shall be made by Purchaser directly against the carrier. When shipments are quoted
F.O.B. job site or other designation, Purchaser shall inspect the equipment shipped,
notifying WesTech Engineering, LLC of any damage or shortage within forty-eight
hours of receipt, and failure to so notify WesTech Engineering, LLC shall constitute
acceptance by Purchaser, relieving WesTech Engineering, LLC of any liability for
shipping damages or shortages.
5. PAYMENTS: All invoices are net 30 days. Delinquencies are subject to a 1.5 percent
service charge per month or the maximum permitted by law, whichever is less on all
past due accounts. Pro rata payments are due as shipments are made. If shipments
are delayed by the Purchaser, invoices shall be sent on the date when WesTech
Engineering, LLC is prepared to make shipment and payment shall become due under
standard invoicing terms. If the work to be performed hereunder is delayed by the
Purchaser, payments shall be based on the purchase price and percentage of
completion. Products held for the Purchaser shall be at the risk and expense of the
Purchaser. Unless specifically stated otherwise, prices quoted are for equipment only.
These terms are independent of and not contingent upon the time and manner in
which the Purchaser receives payment from the owner.
6. PAYMENT TERMS: Credit is subject to acceptance by WesTech Engineering, LLC's
Credit Department. If the financial condition of the Purchaser at any time is such as to
give WesTech Engineering, LLC, in its judgment, doubt concerning the Purchaser's
ability to pay, WesTech Engineering, LLC may require full or partial payment in
advance or may suspend any further deliveries or continuance of the work to be
performed by the WesTech Engineering, LLC until such payment has been received.
7. ESCALATION: If between the proposal date and actual procurement and through
no fault of the Seller, the relevant cost of labor, material, freight, tariffs, and other
Seller costs combined relating to the contract, increase by greater than 2.5% of the
overall contract price, then the contract price shall be subject to escalation and
increased. Such increase shall be verified by documentation and the amount of
contract price escalation shall be calculated as either the actual increased cost to the
Seller or, if agreed by the Parties, the equivalent increase of a relevant industry
recognized third -party index, and in both cases without any additional profit or
margin being added.
S. APPROVAL: If approval of equipment submittals by Purchaser or others is required,
a condition precedent to WesTech Engineering, LLC supplying any equipment shall be
such complete approval.
9. INSTALLATION SUPERVISION: Prices quoted for equipment do not include
installation supervision. WesTech Engineering, LLC recommends and will, upon
request, make available, at WesTech Engineering, LLC's then current rate, an
experienced installation supervisor to act as the Purchaser's employee and agent to
supervise installation of the equipment. Purchaser shall at its sole expense furnish all
necessary labor equipment, and materials needed for installation.
Responsibility for proper operation of equipment, if not installed by WesTech
Engineering, LLC or installed in accordance with WesTech Engineering, LLC's
instructions, and inspected and accepted in writing by WesTech Engineering, LLC,
rests entirely with Purchaser; and any work performed by WesTech Engineering, LLC
personnel in making adjustment or changes must be paid for at WesTech Engineering,
LLC's then current per diem rates plus living and traveling expenses.
WesTech Engineering, LLC will supply the safety devices described in this proposal or
shown in WesTech Engineering, LLC's drawings furnished as part of this order but
excepting these, WesTech Engineering, LLC shall not be required to supply or install
any safety devices whether required by law or otherwise. The Purchaser hereby
agrees to indemnify and hold harmless WesTech Engineering, LLC from any claims or
losses arising due to alleged or actual insufficiency or inadequacy of the safety
devices offered or supplied hereunder, whether specified by WesTech Engineering,
LLC or Purchaser, and from any damage resulting from the use of the equipment
supplied hereunder.
10. ACCEPTANCE OF PRODUCTS: Products will be deemed accepted without any
claim by Purchaser unless written notice of non -acceptance is received by WesTech
Engineering, LLC within 30 days of delivery if shipped F.O.B. point of shipment, or 48
hours of delivery if shipped F.O.B. point of destination. Such written notice shall not
be considered received by WesTech Engineering, LLC unless it is accompanied by all
freight bills for said shipment, with Purchaser's notations as to damages, shortages
and conditions of equipment, containers, and seals. Non -accepted products are
subject to the return policy stated below.
11. TAXES: Any federal, state, or local sales, use or other taxes applicable to this
transaction, unless specifically included in the price, shall be for Purchaser's account.
12. TITLE: The equipment specified herein, and any replacements or substitutes
therefore shall, regardless of the manner in which affixed to or used in connection
with realty, remain the sole and personal property of WesTech Engineering, LLC until
the full purchase price has been paid. Purchaser agrees to do all things necessary to
protect and maintain WesTech Engineering, LLC's title and interest in and to such
equipment; and upon Purchaser's default, WesTech Engineering, LLC may retain as
liquidated damages any and all partial payments made and shall be free to enter the
premises where such equipment is located and remove the same as its property
without prejudice to any further claims on account of damages or loss which WesTech
Engineering, LLC may suffer from any cause.
13. INSURANCE: From date of shipment until the invoice is paid in full, Purchaser
agrees to provide and maintain at its expense, but for WesTech Engineering, LLC's
benefit, adequate insurance including, but not limited to, builders risk insurance on
the equipment against any loss of any nature whatsoever.
14. SHIPMENTS: Any shipment of delivery dates recited represent WesTech
Engineering, LLC's best estimate but no liability, direct or indirect, is assumed by
WesTech Engineering, LLC for failure to ship or deliver on such dates.
WesTech Engineering, LLC shall have the right to make partial shipments; and invoices
covering the same shall be due and payable by Purchaser in accordance with the
payment terms thereof. If Purchaser defaults in any payment when due hereunder,
WesTech Engineering, LLC may, without incurring any liability therefore to Purchaser
or Purchaser's customers, declare all payments immediately due and payable with
maximum legal interest thereon from due date of said payment, and at its option,
stop all further work and shipments until all past due payments have been made,
and/or require that any further deliveries be paid for prior to shipment. If Purchaser
requests postponements of shipments, the purchase price shall be due and payable
upon notice from WesTech Engineering, LLC that the equipment is ready for
shipment; and thereafter any storage or other charge WesTech Engineering, LLC
incurs on account ofthe equipment shall be for the Purchaser's account.
If delivery is specified at a point other than WesTech Engineering, LLC or its supplier's
shipping points, and delivery is postponed or prevented by strike, accident, embargo,
or other cause beyond WesTech Engineering, LLC's reasonable control and occurring
at a location other than WesTech Engineering, LLC or its supplier's shipping points,
WesTech Engineering, LLC assumes no liability in delivery delay. If Purchaser refuses
such delivery, WesTech Engineering, LLC may store the equipment at Purchaser's
expense. For all purposes of this agreement such tender of delivery or storage shall
constitute delivery.
15. WARRANTY: WesTech Engineering, LLC warrants equipment it supplies only in
accordance with the attached WesTech Warranty. This warranty is expressly given by
WesTech and accepted by purchaser in lieu of all other warranties whether written,
oral, express, implied, statutory or otherwise, including without limitation, warranties
of merchantability and fitness for particular purpose. WesTech neither accepts nor
authorizes any other person to assume for it any other liability with respect to its
equipment. WesTech shall not be liable for normal wear and tear, corrosion, or any
contingent, incidental, or consequential damage or expense due to partial or
Page 4 of 4
General Terms of Sales
Quotation No: QUO-04001-QF6M
complete inoperability of its equipment for any reason whatsoever. The purchaser's
exclusive and only remedy for breach of this warranty shall be the repair and or
replacement of the defective part or parts within a reasonable time of WesTech's
accepting the validity of a warranty claim made by the purchaser.
16. PATENTS: WesTech Engineering, LLC agrees that it will, at its own expense, defend
all suits or proceedings instituted against Purchaser and pay any award of damages
assessed against it in such suits or proceedings, so far as the same are based on any
claim that the said equipment or any part thereof constitutes an infringement of any
apparatus patent of the United States issued at the date of this Agreement, provided
WesTech Engineering, LLC is given prompt notice in writing of the institution or
threatened institution of any suit or proceeding and is given full control of the
defense, settlement, or compromise of any such action; and Purchaser agrees to give
WesTech Engineering, LLC needed information, assistance, and authority to enable
WesTech Engineering, LLC so to do. In the event said equipment is held or conceded
to infringe such a patent, WesTech Engineering, LLC shall have the right at its sole
option and expense to a) modify the equipment to be noninfringing, b) obtain for
Purchaser the license to continue using said equipment, or c) accept return of the
equipment and refund to the Purchaser the purchase price thereof less a reasonable
charge for the use thereof. WesTech Engineering, LLC will reimburse Purchaser for
actual out-of-pocket expenses, exclusive of legal fees, incurred in preparing such
information and rendering such assistance at WesTech Engineering, LLC's request. The
foregoing states the entire liability of WesTech Engineering, LLC, with respect to
patent infringement; and except as otherwise agreed to in writing, WesTech
Engineering, LLC assumes no responsibility for process patent infringement.
17. SURFACE PREPARATION AND PAINTING: If furnished, shop primer paint is
intended to serve only as minimal protective finish. WesTech Engineering, LLC will not
be responsible for the condition of primed or finish painted surfaces after equipment
leaves its shops. Purchasers are invited to inspect paint in shops for proper
preparation and application prior to shipment. WesTech Engineering, LLC assumes no
responsibility for field surface preparation or touch-up of shipping damage to paint.
Painting of fasteners and other touchup to painted surfaces will be by Purchaser's
painting contractor after mechanism installation. Motors, gear motors, and other
components not manufactured by WesTech Engineering, LLC will be painted with that
manufacturer's standard paint system. It is WesTech Engineering, LLC's intention to
ship major steel components as soon as fabricated, often before drive, motors, and
other manufactured components. Unless Purchaser can ensure that shop primed
steel shall be field painted within thirty (30) days after arrival at the job site, WesTech
Engineering, LLC encourages the Purchaser to order these components without
primer. WesTech Engineering, LLC's prices are based on paints and surface
preparations as outlined in the main body of this proposal. In the event that an
alternate paint system is selected, WesTech Engineering, LLC requests that
Purchaser's order advise of the paint selection. WesTech Engineering, LLC will then
either adjust the price as may be necessary to comply or ship the material unpainted
if compliance is not possible due to application problems or environmental controls.
18. CANCELLATION, SUSPENSION, OR DELAY: After acceptance by WesTech
Engineering, LLC, this proposal, or Purchaser's order based on this proposal, shall be a
firm agreement and is not subject to cancellation, suspension, or delay except upon
payment by Purchaser of appropriate charges which shall include all costs incurred by
WesTech Engineering, LLC to date of cancellation, suspension, or delay plus a
reasonable profit. Additionally, all charges related to storage and/or resumption of
work, at WesTech Engineering, LLC's plant or elsewhere, shall be for Purchaser's sole
account; and all risks incidental to storage shall be assumed by Purchaser.
19. FORCE MAJEURE: Neither party hereto shall be liable to the other for default or
delay in delivery caused by extreme weather or other act of God, strike or other labor
shortage or disturbance, fire, accident, war or civil disturbance, act of government,
pandemic, delay of carriers, failure of normal sources of supply, complete or partial
shutdown of plant by reason of inability to attain sufficient raw materials or power,
and/or other similar contingency beyond the reasonable control of the respective
parties. The time for delivery specified herein shall be extended during the
continuance of such conditions, or any other cause beyond such party's reasonable
control. Escalation resulting from a Force Majeure event shall be equitably adjusted
per the escalation policy stated above.
20. RETURN OF PRODUCTS: No products may be returned to WesTech Engineering,
LLC without WesTech Engineering, LLC's prior written permission. Said permission
may be withheld by WesTech Engineering, LLC at its sole discretion.
21. BACKCHARGES: WesTech Engineering, LLC will not approve or accept backcharges
for labor, materials, or other costs incurred by Purchaser or others in modification,
adjustment, service, or repair of WesTech Engineering, LLC furnished materials unless
such back charge has been authorized in advance in writing by a WesTech
Engineering, LLC purchase order, or work requisition signed by WesTech Engineering,
LLC.
22. INDEMNIFICATION: Purchaser agrees to indemnify WesTech Engineering, LLC
from all costs incurred, including but not limited to court costs and reasonable
attorney fees, from enforcing any provisions of this contract, including but not limited
to breach of contract or costs incurred in collecting monies owed on this contract.
23. ENTIRE AGREEMENT: This proposal expresses the entire agreement between the
parties hereto superseding any prior understandings, and is not subject to
modification except by a writing signed by an authorized officer of each party. 24.
MOTORS AND MOTOR DRIVES: In order to avoid shipment delays of WesTech
Engineering, LLC equipment, motors and drives may be sent directly to the job site for
installation by the equipment installer. Minor fit -up may be required. 25. EXTENDED
STORAGE: Extended storage instructions will be part of information provided to
shipment. If equipment installation and start-up is delayed more than 30 days, the
provisions of the storage instructions must be followed to keep WARRANTY in force.
26. LIABILITY: Professional liability insurance, including but not limited to, errors and
omissions insurance, is not included. In any event, liability for errors and omissions
shall be limited to the lesser of $100,000 USD or the value of the particular piece of
equipment (not the value of the entire order) supplied by WesTech Engineering, LLC
against which a claim is sought. 27. ARBITRATION NEGOTIATION: Any controversy or
claim arising out of or relating to the performance of any contract resulting from this
proposal or contract issued, or the breach thereof, shall be settled by arbitration in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s)
may be entered to any court having jurisdiction.
ACCEPTED BY PURCHASER
Customer Name:
Customer Address:
Contact Name:
Contact Phone:
Contact Email:
Signature:
Printed Name:
Title:
Date:
Page 1 of 4
WESTECH QUOTATION
IQuotation No.
SALT LAKE CITY, OUTAH 84165-0068 I Phone:X 65068 Fax: 801O--265 10800 I QUO-04129 T BON8
Thank you for the opportunity to quote you with your equipment needs.
Please review the following and contact us toplace an order or ask any questions.
Date:
10/11/2024
Oppty #: 2492752 Ship Via:
BW
RFQ No.:
MasterJob No.: 3629A Freight:
FSP-PPA
Quoted By:
David MORTENSEN
Prime Name: Village Creek WRF Lead Time:
140 days
Phone:
+1(801) 290-1877 Equipment: 150' Dia. Suction Clarifier Quote Valid:
Thru 30 September 2025
Email:
DMORTENSEN@westech- Payment Terms: NET30
inc.com
Bill To:
City of Fort Worth Ship To: Village Creek WWTP
Daniel Salgado 4500 Wilma Ln
Water & Sewer Administration Arlington, TX 76012
200 Texas Street US
Fort Worth, TX 76102
US
Tel/Cell:
Tel/Cell:
Email:
Daniel.Salgado@fortworthtexas.gov Email: Daniel.Salgado@fortworthtexas.gov
Item Line I
Item No.
I Part/Dwg Number I Description I Qty I Units
I Unit Price I
Net Price
A
100
DV8060-C60 WesTech C60 Cage Drive, Replaces Serial No. 3629A 1 ASM
$97,194.00
$97,194.00
B
208/209
D122 WesTech Drive Cage, Replacement for Serial No 1 EA
$43,864.00
$43,864.00
3629A
C
221/223
D130/D131 Set of WesTech Rake Arms, Replacements for Serial 1 SET
$320,072.00
$320,072.00
D
205
D120 WesTech Center Column, Replacement for Serial 1 EA
$94,125.00
$94,125.00
No, 3629A
Replacement Parts for the WesTech Scum Skimmer
E
Assembly
EA
608
SKXDT011K Bottom Wiper (6'), Skimmer Assembly 1 EA
$112.00
$112.00
E.2
609
SKXDT015A Side Wiper, Skimmer Assembly 1 EA
$31.00
$31.00
E.3
614
SKXDT020A Pivot, Skimmer Assembly 1 EA
$63.00
$63.00
E.4
615
SKXDT019A Support Arm, Skimmer Assembly 1 EA
$107.00
$107.00
E.5
616
2-19262 Extension Spring, Skimmer Assembly 1 EA
$43.00
$43.00
No sales, GST, PST, use, or other taxes have been included in our pricing. No
Quoted in US Dollars Grand Total
$555,611.00
discounts accepted.
Please see the attached General Terms and Conditions and Warranty Information.
Minimum Order amount is US $100.
All information provided with and including this proposal is considered proprietary and is not for distribution without express written
consent of WesTech Engineering LLC.
WesTech prefers that payments under $3,000 are processed by Credit Card. Any orders over $10,000 can not be accepted by Credit
Card and will be invoiced at terms. This is to include freight and taxes. A processing fee of up to 4 percent on Credit Cards may be
added where allowed by law.
This Quotation is subject to all specifications above as well as all attachments included with this document.
Thank you again for your quote request!
Page 2 of 4
Best Regards,
David MORTENSEN
Page 3 of 4
General Terms of Sales
Quotation No: QUO-04129-TOBON8
Terms and Conditions appearing in any order based on this proposal which are
inconsistent herewith shall not be binding on WesTech Engineering, LLC. The sale and
purchase of equipment described herein shall be governed exclusively by the
foregoing proposal and the following provisions:
1. SPECIFICATIONS: WesTech Engineering, LLC is furnishing its standard equipment as
outlined in the proposal and as will be covered by final approved drawings. The
equipment may not be in strict compliance with the Engineer's/Owner's plans,
specifications, or addenda as there may be deviations. The equipment will, however,
meet the general intention of the mechanical specifications of these documents.
2. ITEMS INCLUDED: This proposal includes only the equipment specified herein and
does not include erection, installation, accessories, nor associated materials such as
controls, piping, etc., unless specifically listed.
3. PARTIES TO CONTRACT: WesTech Engineering, LLC is not a partyto or bound by the
terms of any contract between WesTech Engineering, LLC's customer and any other
party. WesTech Engineering, LLC's undertakings are limited to those defined in the
contract between WesTech Engineering, LLC and its direct customers.
4. PRICE AND DELIVERY: All selling prices quoted are subject to change without notice
after 30 days from the date of this proposal unless specified otherwise. Unless
otherwise stated, all prices are F.O.B. WesTech Engineering, LLC or its supplier's
shipping points. All claims for damage, delay or shortage arising from such equipment
shall be made by Purchaser directly against the carrier. When shipments are quoted
F.O.B. job site or other designation, Purchaser shall inspect the equipment shipped,
notifying WesTech Engineering, LLC of any damage or shortage within forty-eight
hours of receipt, and failure to so notify WesTech Engineering, LLC shall constitute
acceptance by Purchaser, relieving WesTech Engineering, LLC of any liability for
shipping damages or shortages.
5. PAYMENTS: All invoices are net 30 days. Delinquencies are subject to a 1.5 percent
service charge per month or the maximum permitted by law, whichever is less on all
past due accounts. Pro rata payments are due as shipments are made. If shipments
are delayed by the Purchaser, invoices shall be sent on the date when WesTech
Engineering, LLC is prepared to make shipment and payment shall become due under
standard invoicing terms. If the work to be performed hereunder is delayed by the
Purchaser, payments shall be based on the purchase price and percentage of
completion. Products held for the Purchaser shall be at the risk and expense of the
Purchaser. Unless specifically stated otherwise, prices quoted are for equipment only.
These terms are independent of and not contingent upon the time and manner in
which the Purchaser receives payment from the owner.
6. PAYMENT TERMS: Credit is subject to acceptance by WesTech Engineering, LLC's
Credit Department. If the financial condition of the Purchaser at any time is such as to
give WesTech Engineering, LLC, in its judgment, doubt concerning the Purchaser's
ability to pay, WesTech Engineering, LLC may require full or partial payment in
advance or may suspend any further deliveries or continuance of the work to be
performed by the WesTech Engineering, LLC until such payment has been received.
7. ESCALATION: If between the proposal date and actual procurement and through
no fault of the Seller, the relevant cost of labor, material, freight, tariffs, and other
Seller costs combined relating to the contract, increase by greater than 2.5% of the
overall contract price, then the contract price shall be subject to escalation and
increased. Such increase shall be verified by documentation and the amount of
contract price escalation shall be calculated as either the actual increased cost to the
Seller or, if agreed by the Parties, the equivalent increase of a relevant industry
recognized third -party index, and in both cases without any additional profit or
margin being added.
B. APPROVAL: If approval of equipment submittals by Purchaser or others is required,
a condition precedent to WesTech Engineering, LLC supplying any equipment shall be
such complete approval.
9. INSTALLATION SUPERVISION: Prices quoted for equipment do not include
installation supervision. WesTech Engineering, LLC recommends and will, upon
request, make available, at WesTech Engineering, LLC's then current rate, an
experienced installation supervisor to act as the Purchaser's employee and agent to
supervise installation of the equipment. Purchaser shall at its sole expense furnish all
necessary labor equipment, and materials needed for installation.
Responsibility for proper operation of equipment, if not installed by WesTech
Engineering, LLC or installed in accordance with WesTech Engineering, LLC's
instructions, and inspected and accepted in writing by WesTech Engineering, LLC,
rests entirely with Purchaser; and any work performed by WesTech Engineering, LLC
personnel in making adjustment or changes must be paid for at WesTech Engineering,
LLC's then current per diem rates plus living and traveling expenses.
WesTech Engineering, LLC will supply the safety devices described in this proposal or
shown in WesTech Engineering, LLC's drawings furnished as part of this order but
excepting these, WesTech Engineering, LLC shall not be required to supply or install
any safety devices whether required by law or otherwise. The Purchaser hereby
agrees to indemnify and hold harmless WesTech Engineering, LLC from any claims or
losses arising due to alleged or actual insufficiency or inadequacy of the safety
devices offered or supplied hereunder, whether specified by WesTech Engineering,
LLC or Purchaser, and from any damage resulting from the use of the equipment
supplied hereunder.
10. ACCEPTANCE OF PRODUCTS: Products will be deemed accepted without any
claim by Purchaser unless written notice of non -acceptance is received by WesTech
Engineering, LLC within 30 days of delivery if shipped F.O.B. point of shipment, or 48
hours of delivery if shipped F.O.B. point of destination. Such written notice shall not
be considered received by WesTech Engineering, LLC unless it is accompanied by all
freight bills for said shipment, with Purchaser's notations as to damages, shortages
and conditions of equipment, containers, and seals. Non -accepted products are
subject to the return policy stated below.
11. TAXES: Any federal, state, or local sales, use or other taxes applicable to this
transaction, unless specifically included in the price, shall be for Purchaser's account.
12. TITLE: The equipment specified herein, and any replacements or substitutes
therefore shall, regardless of the manner in which affixed to or used in connection
with realty, remain the sole and personal property of WesTech Engineering, LLC until
the full purchase price has been paid. Purchaser agrees to do all things necessary to
protect and maintain WesTech Engineering, LLC's title and interest in and to such
equipment; and upon Purchaser's default, WesTech Engineering, LLC may retain as
liquidated damages any and all partial payments made and shall be free to enter the
premises where such equipment is located and remove the same as its property
without prejudice to any further claims on account of damages or loss which WesTech
Engineering, LLC may suffer from any cause.
13. INSURANCE: From date of shipment until the invoice is paid in full, Purchaser
agrees to provide and maintain at its expense, but for WesTech Engineering, LLC's
benefit, adequate insurance including, but not limited to, builders risk insurance on
the equipment against any loss of any nature whatsoever.
14. SHIPMENTS: Any shipment of delivery dates recited represent WesTech
Engineering, LLC's best estimate but no liability, direct or indirect, is assumed by
WesTech Engineering, LLC for failure to ship or deliver on such dates.
WesTech Engineering, LLC shall have the right to make partial shipments; and invoices
covering the same shall be due and payable by Purchaser in accordance with the
payment terms thereof. If Purchaser defaults in any payment when due hereunder,
WesTech Engineering, LLC may, without incurring any liability therefore to Purchaser
or Purchaser's customers, declare all payments immediately due and payable with
maximum legal interest thereon from due date of said payment, and at its option,
stop all further work and shipments until all past due payments have been made,
and/or require that any further deliveries be paid for prior to shipment. If Purchaser
requests postponements of shipments, the purchase price shall be due and payable
upon notice from WesTech Engineering, LLC that the equipment is ready for
shipment; and thereafter any storage or other charge WesTech Engineering, LLC
incurs on account ofthe equipment shall be for the Purchaser's account.
If delivery is specified at a point other than WesTech Engineering, LLC or its supplier's
shipping points, and delivery is postponed or prevented by strike, accident, embargo,
or other cause beyond WesTech Engineering, LLC's reasonable control and occurring
at a location other than WesTech Engineering, LLC or its supplier's shipping points,
WesTech Engineering, LLC assumes no liability in delivery delay. If Purchaser refuses
such delivery, WesTech Engineering, LLC may store the equipment at Purchaser's
expense. For all purposes of this agreement such tender of delivery or storage shall
constitute delivery.
15. WARRANTY: WesTech Engineering, LLC warrants equipment it supplies only in
accordance with the attached WesTech Warranty. This warranty is expressly given by
WesTech and accepted by purchaser in lieu of all other warranties whether written,
oral, express, implied, statutory or otherwise, including without limitation, warranties
of merchantability and fitness for particular purpose. WesTech neither accepts nor
authorizes any other person to assume for it any other liability with respect to its
equipment. WesTech shall not be liable for normal wear and tear, corrosion, or any
contingent, incidental, or consequential damage or expense due to partial or
Page 4 of 4
General Terms of Sales
Quotation No: QUO-04129-TOBON8
complete inoperability of its equipment for any reason whatsoever. The purchaser's
exclusive and only remedy for breach of this warranty shall be the repair and or
replacement of the defective part or parts within a reasonable time of WesTech's
accepting the validity of a warranty claim made by the purchaser.
16. PATENTS: WesTech Engineering, LLC agrees that it will, at its own expense, defend
all suits or proceedings instituted against Purchaser and pay any award of damages
assessed against it in such suits or proceedings, so far as the same are based on any
claim that the said equipment or any part thereof constitutes an infringement of any
apparatus patent of the United States issued at the date of this Agreement, provided
WesTech Engineering, LLC is given prompt notice in writing of the institution or
threatened institution of any suit or proceeding and is given full control of the
defense, settlement, or compromise of any such action; and Purchaser agrees to give
WesTech Engineering, LLC needed information, assistance, and authority to enable
WesTech Engineering, LLC so to do. In the event said equipment is held or conceded
to infringe such a patent, WesTech Engineering, LLC shall have the right at its sole
option and expense to a) modify the equipment to be noninfringing, b) obtain for
Purchaser the license to continue using said equipment, or c) accept return of the
equipment and refund to the Purchaser the purchase price thereof less a reasonable
charge for the use thereof. WesTech Engineering, LLC will reimburse Purchaser for
actual out-of-pocket expenses, exclusive of legal fees, incurred in preparing such
information and rendering such assistance at WesTech Engineering, LLC's request. The
foregoing states the entire liability of WesTech Engineering, LLC, with respect to
patent infringement; and except as otherwise agreed to in writing, WesTech
Engineering, LLC assumes no responsibility for process patent infringement.
17. SURFACE PREPARATION AND PAINTING: If furnished, shop primer paint is
intended to serve only as minimal protective finish. WesTech Engineering, LLC will not
be responsible for the condition of primed or finish painted surfaces after equipment
leaves its shops. Purchasers are invited to inspect paint in shops for proper
preparation and application prior to shipment. WesTech Engineering, LLC assumes no
responsibility for field surface preparation or touch-up of shipping damage to paint.
Painting of fasteners and other touchup to painted surfaces will be by Purchaser's
painting contractor after mechanism installation. Motors, gear motors, and other
components not manufactured by WesTech Engineering, LLC will be painted with that
manufacturer's standard paint system. It is WesTech Engineering, LLC's intention to
ship major steel components as soon as fabricated, often before drive, motors, and
other manufactured components. Unless Purchaser can ensure that shop primed
steel shall be field painted within thirty (30) days after arrival at the job site, WesTech
Engineering, LLC encourages the Purchaser to order these components without
primer. WesTech Engineering, LLC's prices are based on paints and surface
preparations as outlined in the main body of this proposal. In the event that an
alternate paint system is selected, WesTech Engineering, LLC requests that
Purchaser's order advise of the paint selection. WesTech Engineering, LLC will then
either adjust the price as may be necessary to comply or ship the material unpainted
if compliance is not possible due to application problems or environmental controls.
18. CANCELLATION, SUSPENSION, OR DELAY: After acceptance by WesTech
Engineering, LLC, this proposal, or Purchaser's order based on this proposal, shall be a
firm agreement and is not subject to cancellation, suspension, or delay except upon
payment by Purchaser of appropriate charges which shall include all costs incurred by
WesTech Engineering, LLC to date of cancellation, suspension, or delay plus a
reasonable profit. Additionally, all charges related to storage and/or resumption of
work, at WesTech Engineering, LLC's plant or elsewhere, shall be for Purchaser's sole
account; and all risks incidental to storage shall be assumed by Purchaser.
19. FORCE MAJEURE: Neither party hereto shall be liable to the other for default or
delay in delivery caused by extreme weather or other act of God, strike or other labor
shortage or disturbance, fire, accident, war or civil disturbance, act of government,
pandemic, delay of carriers, failure of normal sources of supply, complete or partial
shutdown of plant by reason of inability to attain sufficient raw materials or power,
and/or other similar contingency beyond the reasonable control of the respective
parties. The time for delivery specified herein shall be extended during the
continuance of such conditions, or any other cause beyond such party's reasonable
control. Escalation resulting from a Force Majeure event shall be equitably adjusted
per the escalation policy stated above.
20. RETURN OF PRODUCTS: No products may be returned to WesTech Engineering,
LLC without WesTech Engineering, LLC's prior written permission. Said permission
may be withheld by WesTech Engineering, LLC at its sole discretion.
21. BACKCHARGES: WesTech Engineering, LLC will not approve or accept backcharges
for labor, materials, or other costs incurred by Purchaser or others in modification,
adjustment, service, or repair of WesTech Engineering, LLC furnished materials unless
such back charge has been authorized in advance in writing by a WesTech
Engineering, LLC purchase order, or work requisition signed by WesTech Engineering,
LLC.
22. INDEMNIFICATION: Purchaser agrees to indemnify WesTech Engineering, LLC
from all costs incurred, including but not limited to court costs and reasonable
attorney fees, from enforcing any provisions of this contract, including but not limited
to breach of contract or costs incurred in collecting monies owed on this contract.
23. ENTIRE AGREEMENT: This proposal expresses the entire agreement between the
parties hereto superseding any prior understandings, and is not subject to
modification except by a writing signed by an authorized officer of each party. 24.
MOTORS AND MOTOR DRIVES: In order to avoid shipment delays of WesTech
Engineering, LLC equipment, motors and drives may be sent directly to the job site for
installation by the equipment installer. Minor fit -up may be required. 25. EXTENDED
STORAGE: Extended storage instructions will be part of information provided to
shipment. If equipment installation and start-up is delayed more than 30 days, the
provisions of the storage instructions must be followed to keep WARRANTY in force.
26. LIABILITY: Professional liability insurance, including but not limited to, errors and
omissions insurance, is not included. In any event, liability for errors and omissions
shall be limited to the lesser of $100,000 USD or the value of the particular piece of
equipment (not the value of the entire order) supplied by WesTech Engineering, LLC
against which a claim is sought. 27. ARBITRATION NEGOTIATION: Any controversy or
claim arising out of or relating to the performance of any contract resulting from this
proposal or contract issued, or the breach thereof, shall be settled by arbitration in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s)
may be entered to any court having jurisdiction.
ACCEPTED BY PURCHASER
Customer Name:
Customer Address:
Contact Name:
Contact Phone:
Contact Email:
Signature:
Printed Name:
Title:
Date:
Page 1 of 4
WESTECH QUOTATION
IQuotation No.
SALT LAKE CITY, OUTAH 84165-0068 I Phone:X 65068 Fax: 8010--265 10800 I QUOU04131 H1V5S8
Thank you for the opportunity to quote you with your equipment needs.
Please review the following and contact us toplace an order or ask any questions.
Date:
10/11/2024
Oppty #: 2492753
Ship Via:
BW
RFQ No.:
MasterJob No.: 3660A
Freight:
FSP-PPA
Quoted By:
David MORTENSEN
Prime Name: Village Creek WRF
Lead Time:
140 days
Phone:
+1(801) 290-1877 Equipment: 160' Conventional Clarifier
Quote Valid:
Thru 30 September 2025
Email:
DMORTENSEN@westech- Payment Terms: NET30
inc.com
Bill To:
City of Fort Worth Ship To:
Village Creek WWTP
Daniel Salgado
4500 Wilma Ln
Water & Sewer Administration
Arlington, TX 76012
200 Texas Street
US
Fort Worth, TX 76102
US
Tel/Cell:
Tel/Cell:
Email:
Daniel.Salgado@fortworthtexas.gov Email:
Daniel.Salgado@fortworthtexas.gov
Item Line
Item No.
Part/Dwg Number Description
Qty Units
I Unit Price
Net Price
A
100
DV8050-C60 WesTech C60 Cage Drive, Replacement for Serial 1 ASM
$97,194.00
$97,194.00
N o. 3660A
B
208/209
D122/6121 WesTech Drive Cage, Replacement for Serial No. 1 EA
$35,559.00
$35,559.00
3660A
C
232/233/234 D140/D141/D142 Set of WesTech Rake Arms, Replacements for
1 SET
$165,632.00
$165,632.00
Serial No. 3660A
WesTech Center Column, Replacement for Serial
D
205
D120
No. 3660A
1 EA
$57,693.00
$57,693.00
Replacement Parts for the WesTech Scum
E
Skimmer Assembly
E.1
615
SKXDT019A Support Arm, Skimmer Assembly
1 EA
$107.00
$107.00
E.1
614
SKXDT020A Pivot, Skimmer Assembly
1 EA
$63.00
$63.00
E.3
616
2-19262 Extension Spring, Skimmer Assembly
1 EA
$43.00
$43.00
EA
608
SKXDT011K Bottom Wiper (6'), Skimmer Assembly
1 EA
$112.00
$112.00
E.5
609
SKXDT015A Side Wiper, Skimmer Assembly
1 EA
$31.00
$31.00
No sales, GST, PST, use, or other taxes have been included in our pricing. No
Quoted in US Dollars Grand Total $356,434.00
discounts accepted.
Please see the attached General Terms and Conditions and Warranty Information.
Minimum Order amount is US $100.
All information provided with and including this proposal is considered proprietary and is not for distribution without express written
consent of WesTech Engineering L-C.
WesTech prefers that payments under $3,000 are processed by Credit Card. Any orders over $10,000 can not be accepted by Credit
Card and will be invoiced at terms. This is to include freight and taxes. A processing fee of up to 4 percent on Credit Cards may be
added where allowed by law.
This Quotation is subject to all specifications above as well as all attachments included with this document.
Thank you again for your quote request!
Page 2 of 4
Best Regards,
David MORTENSEN
Page 3 of 4
General Terms of Sales
Quotation No: QUO-04131-H1V5S8
Terms and Conditions appearing in any order based on this proposal which are
inconsistent herewith shall not be binding on WesTech Engineering, LLC. The sale and
purchase of equipment described herein shall be governed exclusively by the
foregoing proposal and the following provisions:
1. SPECIFICATIONS: WesTech Engineering, LLC is furnishing its standard equipment as
outlined in the proposal and as will be covered by final approved drawings. The
equipment may not be in strict compliance with the Engineer's/Owner's plans,
specifications, or addenda as there may be deviations. The equipment will, however,
meet the general intention of the mechanical specifications of these documents.
2. ITEMS INCLUDED: This proposal includes only the equipment specified herein and
does not include erection, installation, accessories, nor associated materials such as
controls, piping, etc., unless specifically listed.
3. PARTIES TO CONTRACT: WesTech Engineering, LLC is not a partyto or bound by the
terms of any contract between WesTech Engineering, LLC's customer and any other
party. WesTech Engineering, LLC's undertakings are limited to those defined in the
contract between WesTech Engineering, LLC and its direct customers.
4. PRICE AND DELIVERY: All selling prices quoted are subject to change without notice
after 30 days from the date of this proposal unless specified otherwise. Unless
otherwise stated, all prices are F.O.B. WesTech Engineering, LLC or its supplier's
shipping points. All claims for damage, delay or shortage arising from such equipment
shall be made by Purchaser directly against the carrier. When shipments are quoted
F.O.B. job site or other designation, Purchaser shall inspect the equipment shipped,
notifying WesTech Engineering, LLC of any damage or shortage within forty-eight
hours of receipt, and failure to so notify WesTech Engineering, LLC shall constitute
acceptance by Purchaser, relieving WesTech Engineering, LLC of any liability for
shipping damages or shortages.
5. PAYMENTS: All invoices are net 30 days. Delinquencies are subject to a 1.5 percent
service charge per month or the maximum permitted by law, whichever is less on all
past due accounts. Pro rata payments are due as shipments are made. If shipments
are delayed by the Purchaser, invoices shall be sent on the date when WesTech
Engineering, LLC is prepared to make shipment and payment shall become due under
standard invoicing terms. If the work to be performed hereunder is delayed by the
Purchaser, payments shall be based on the purchase price and percentage of
completion. Products held for the Purchaser shall be at the risk and expense of the
Purchaser. Unless specifically stated otherwise, prices quoted are for equipment only.
These terms are independent of and not contingent upon the time and manner in
which the Purchaser receives payment from the owner.
6. PAYMENT TERMS: Credit is subject to acceptance by WesTech Engineering, LLC's
Credit Department. If the financial condition of the Purchaser at any time is such as to
give WesTech Engineering, LLC, in its judgment, doubt concerning the Purchaser's
ability to pay, WesTech Engineering, LLC may require full or partial payment in
advance or may suspend any further deliveries or continuance of the work to be
performed by the WesTech Engineering, LLC until such payment has been received.
7. ESCALATION: If between the proposal date and actual procurement and through
no fault of the Seller, the relevant cost of labor, material, freight, tariffs, and other
Seller costs combined relating to the contract, increase by greater than 2.5% of the
overall contract price, then the contract price shall be subject to escalation and
increased. Such increase shall be verified by documentation and the amount of
contract price escalation shall be calculated as either the actual increased cost to the
Seller or, if agreed by the Parties, the equivalent increase of a relevant industry
recognized third -party index, and in both cases without any additional profit or
margin being added.
S. APPROVAL: If approval of equipment submittals by Purchaser or others is required,
a condition precedent to WesTech Engineering, LLC supplying any equipment shall be
such complete approval.
9. INSTALLATION SUPERVISION: Prices quoted for equipment do not include
installation supervision. WesTech Engineering, LLC recommends and will, upon
request, make available, at WesTech Engineering, LLC's then current rate, an
experienced installation supervisor to act as the Purchaser's employee and agent to
supervise installation of the equipment. Purchaser shall at its sole expense furnish all
necessary labor equipment, and materials needed for installation.
Responsibility for proper operation of equipment, if not installed by WesTech
Engineering, LLC or installed in accordance with WesTech Engineering, LLC's
instructions, and inspected and accepted in writing by WesTech Engineering, LLC,
rests entirely with Purchaser; and any work performed by WesTech Engineering, LLC
personnel in making adjustment or changes must be paid for at WesTech Engineering,
LLC's then current per diem rates plus living and traveling expenses.
WesTech Engineering, LLC will supply the safety devices described in this proposal or
shown in WesTech Engineering, LLC's drawings furnished as part of this order but
excepting these, WesTech Engineering, LLC shall not be required to supply or install
any safety devices whether required by law or otherwise. The Purchaser hereby
agrees to indemnify and hold harmless WesTech Engineering, LLC from any claims or
losses arising due to alleged or actual insufficiency or inadequacy of the safety
devices offered or supplied hereunder, whether specified by WesTech Engineering,
LLC or Purchaser, and from any damage resulting from the use of the equipment
supplied hereunder.
10. ACCEPTANCE OF PRODUCTS: Products will be deemed accepted without any
claim by Purchaser unless written notice of non -acceptance is received by WesTech
Engineering, LLC within 30 days of delivery if shipped F.O.B. point of shipment, or 48
hours of delivery if shipped F.O.B. point of destination. Such written notice shall not
be considered received by WesTech Engineering, LLC unless it is accompanied by all
freight bills for said shipment, with Purchaser's notations as to damages, shortages
and conditions of equipment, containers, and seals. Non -accepted products are
subject to the return policy stated below.
11. TAXES: Any federal, state, or local sales, use or other taxes applicable to this
transaction, unless specifically included in the price, shall be for Purchaser's account.
12. TITLE: The equipment specified herein, and any replacements or substitutes
therefore shall, regardless of the manner in which affixed to or used in connection
with realty, remain the sole and personal property of WesTech Engineering, LLC until
the full purchase price has been paid. Purchaser agrees to do all things necessary to
protect and maintain WesTech Engineering, LLC's title and interest in and to such
equipment; and upon Purchaser's default, WesTech Engineering, LLC may retain as
liquidated damages any and all partial payments made and shall be free to enter the
premises where such equipment is located and remove the same as its property
without prejudice to any further claims on account of damages or loss which WesTech
Engineering, LLC may suffer from any cause.
13. INSURANCE: From date of shipment until the invoice is paid in full, Purchaser
agrees to provide and maintain at its expense, but for WesTech Engineering, LLC's
benefit, adequate insurance including, but not limited to, builders risk insurance on
the equipment against any loss of any nature whatsoever.
14. SHIPMENTS: Any shipment of delivery dates recited represent WesTech
Engineering, LLC's best estimate but no liability, direct or indirect, is assumed by
WesTech Engineering, LLC for failure to ship or deliver on such dates.
WesTech Engineering, LLC shall have the right to make partial shipments; and invoices
covering the same shall be due and payable by Purchaser in accordance with the
payment terms thereof. If Purchaser defaults in any payment when due hereunder,
WesTech Engineering, LLC may, without incurring any liability therefore to Purchaser
or Purchaser's customers, declare all payments immediately due and payable with
maximum legal interest thereon from due date of said payment, and at its option,
stop all further work and shipments until all past due payments have been made,
and/or require that any further deliveries be paid for prior to shipment. If Purchaser
requests postponements of shipments, the purchase price shall be due and payable
upon notice from WesTech Engineering, LLC that the equipment is ready for
shipment; and thereafter any storage or other charge WesTech Engineering, LLC
incurs on account ofthe equipment shall be for the Purchaser's account.
If delivery is specified at a point other than WesTech Engineering, LLC or its supplier's
shipping points, and delivery is postponed or prevented by strike, accident, embargo,
or other cause beyond WesTech Engineering, LLC's reasonable control and occurring
at a location other than WesTech Engineering, LLC or its supplier's shipping points,
WesTech Engineering, LLC assumes no liability in delivery delay. If Purchaser refuses
such delivery, WesTech Engineering, LLC may store the equipment at Purchaser's
expense. For all purposes of this agreement such tender of delivery or storage shall
constitute delivery.
15. WARRANTY: WesTech Engineering, LLC warrants equipment it supplies only in
accordance with the attached WesTech Warranty. This warranty is expressly given by
WesTech and accepted by purchaser in lieu of all other warranties whether written,
oral, express, implied, statutory or otherwise, including without limitation, warranties
of merchantability and fitness for particular purpose. WesTech neither accepts nor
authorizes any other person to assume for it any other liability with respect to its
equipment. WesTech shall not be liable for normal wear and tear, corrosion, or any
contingent, incidental, or consequential damage or expense due to partial or
Page 4 of 4
General Terms of Sales
Quotation No: QUO-04131-H1V5S8
complete inoperability of its equipment for any reason whatsoever. The purchaser's
exclusive and only remedy for breach of this warranty shall be the repair and or
replacement of the defective part or parts within a reasonable time of WesTech's
accepting the validity of a warranty claim made by the purchaser.
16. PATENTS: WesTech Engineering, LLC agrees that it will, at its own expense, defend
all suits or proceedings instituted against Purchaser and pay any award of damages
assessed against it in such suits or proceedings, so far as the same are based on any
claim that the said equipment or any part thereof constitutes an infringement of any
apparatus patent of the United States issued at the date of this Agreement, provided
WesTech Engineering, LLC is given prompt notice in writing of the institution or
threatened institution of any suit or proceeding and is given full control of the
defense, settlement, or compromise of any such action; and Purchaser agrees to give
WesTech Engineering, LLC needed information, assistance, and authority to enable
WesTech Engineering, LLC so to do. In the event said equipment is held or conceded
to infringe such a patent, WesTech Engineering, LLC shall have the right at its sole
option and expense to a) modify the equipment to be noninfringing, b) obtain for
Purchaser the license to continue using said equipment, or c) accept return of the
equipment and refund to the Purchaser the purchase price thereof less a reasonable
charge for the use thereof. WesTech Engineering, LLC will reimburse Purchaser for
actual out-of-pocket expenses, exclusive of legal fees, incurred in preparing such
information and rendering such assistance at WesTech Engineering, LLC's request. The
foregoing states the entire liability of WesTech Engineering, LLC, with respect to
patent infringement; and except as otherwise agreed to in writing, WesTech
Engineering, LLC assumes no responsibility for process patent infringement.
17. SURFACE PREPARATION AND PAINTING: If furnished, shop primer paint is
intended to serve only as minimal protective finish. WesTech Engineering, LLC will not
be responsible for the condition of primed or finish painted surfaces after equipment
leaves its shops. Purchasers are invited to inspect paint in shops for proper
preparation and application prior to shipment. WesTech Engineering, LLC assumes no
responsibility for field surface preparation or touch-up of shipping damage to paint.
Painting of fasteners and other touchup to painted surfaces will be by Purchaser's
painting contractor after mechanism installation. Motors, gear motors, and other
components not manufactured by WesTech Engineering, LLC will be painted with that
manufacturer's standard paint system. It is WesTech Engineering, LLC's intention to
ship major steel components as soon as fabricated, often before drive, motors, and
other manufactured components. Unless Purchaser can ensure that shop primed
steel shall be field painted within thirty (30) days after arrival at the job site, WesTech
Engineering, LLC encourages the Purchaser to order these components without
primer. WesTech Engineering, LLC's prices are based on paints and surface
preparations as outlined in the main body of this proposal. In the event that an
alternate paint system is selected, WesTech Engineering, LLC requests that
Purchaser's order advise of the paint selection. WesTech Engineering, LLC will then
either adjust the price as may be necessary to comply or ship the material unpainted
if compliance is not possible due to application problems or environmental controls.
18. CANCELLATION, SUSPENSION, OR DELAY: After acceptance by WesTech
Engineering, LLC, this proposal, or Purchaser's order based on this proposal, shall be a
firm agreement and is not subject to cancellation, suspension, or delay except upon
payment by Purchaser of appropriate charges which shall include all costs incurred by
WesTech Engineering, LLC to date of cancellation, suspension, or delay plus a
reasonable profit. Additionally, all charges related to storage and/or resumption of
work, at WesTech Engineering, LLC's plant or elsewhere, shall be for Purchaser's sole
account; and all risks incidental to storage shall be assumed by Purchaser.
19. FORCE MAJEURE: Neither party hereto shall be liable to the other for default or
delay in delivery caused by extreme weather or other act of God, strike or other labor
shortage or disturbance, fire, accident, war or civil disturbance, act of government,
pandemic, delay of carriers, failure of normal sources of supply, complete or partial
shutdown of plant by reason of inability to attain sufficient raw materials or power,
and/or other similar contingency beyond the reasonable control of the respective
parties. The time for delivery specified herein shall be extended during the
continuance of such conditions, or any other cause beyond such party's reasonable
control. Escalation resulting from a Force Majeure event shall be equitably adjusted
per the escalation policy stated above.
20. RETURN OF PRODUCTS: No products may be returned to WesTech Engineering,
LLC without WesTech Engineering, LLC's prior written permission. Said permission
may be withheld by WesTech Engineering, LLC at its sole discretion.
21. BACKCHARGES: WesTech Engineering, LLC will not approve or accept backcharges
for labor, materials, or other costs incurred by Purchaser or others in modification,
adjustment, service, or repair of WesTech Engineering, LLC furnished materials unless
such back charge has been authorized in advance in writing by a WesTech
Engineering, LLC purchase order, or work requisition signed by WesTech Engineering,
LLC.
22. INDEMNIFICATION: Purchaser agrees to indemnify WesTech Engineering, LLC
from all costs incurred, including but not limited to court costs and reasonable
attorney fees, from enforcing any provisions of this contract, including but not limited
to breach of contract or costs incurred in collecting monies owed on this contract.
23. ENTIRE AGREEMENT: This proposal expresses the entire agreement between the
parties hereto superseding any prior understandings, and is not subject to
modification except by a writing signed by an authorized officer of each party. 24.
MOTORS AND MOTOR DRIVES: In order to avoid shipment delays of WesTech
Engineering, LLC equipment, motors and drives may be sent directly to the job site for
installation by the equipment installer. Minor fit -up may be required. 25. EXTENDED
STORAGE: Extended storage instructions will be part of information provided to
shipment. If equipment installation and start-up is delayed more than 30 days, the
provisions of the storage instructions must be followed to keep WARRANTY in force.
26. LIABILITY: Professional liability insurance, including but not limited to, errors and
omissions insurance, is not included. In any event, liability for errors and omissions
shall be limited to the lesser of $100,000 USD or the value of the particular piece of
equipment (not the value of the entire order) supplied by WesTech Engineering, LLC
against which a claim is sought. 27. ARBITRATION NEGOTIATION: Any controversy or
claim arising out of or relating to the performance of any contract resulting from this
proposal or contract issued, or the breach thereof, shall be settled by arbitration in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s)
may be entered to any court having jurisdiction.
ACCEPTED BY PURCHASER
Customer Name:
Customer Address:
Contact Name:
Contact Phone:
Contact Email:
Signature:
Printed Name:
Title:
Date:
Page 1 of 3
WESTECH QUOTATION
IQuotation No.
SALT LAKE CITY, OUTAH 84165-0068 I Phone:X 65068 Fax: 8010--265 1080 0 I QUO-04133 P H2G7
Thank you for the opportunity to quote you with your equipment needs.
Please review the following and contact us toplace an order or ask any questions.
Date:
10/11/2024 Oppty #: 2492754 Ship Via: BW
RFQ No.:
Master Job No.: 3660E Freight: FSP-PPA
Quoted By:
David MORTENSEN Prime Name: Village Creek WRF Lead Time: 140 days
Phone:
+1(801) 290-1877 Equipment: 80' Conventional Clarifier Quote Valid: Thru 30 September 2025
Email:
DMORTENSEN@westech- Payment Terms: NET30
inc.com
Bill To:
City of Fort Worth Ship To: Village Creek WWTP
Daniel Salgado 4500 Wilma Ln
Water & Sewer Administration Arlington, TX 76012
200 Texas Street US
Fort Worth, TX 76102
US
Tel/Cell:
Tel/Cell:
Email:
Daniel.Salgado@fortworthtexas.gov Email: Daniel.Salgado@fortworthtexas.gov
Item Line
Item No. Part/Dwg Number I Description I Qty I Units I Unit Price
Net Price
A
100 DV8050-C60 WesTech C60 Cage Drive, Replacement for Serial No. 1 ASM $97,194.00
$97,194.00
3660B
B
209/210 D223 WesTech Drive Cage, Replacement for Serial No. 3660E 1 EA $33,345.00
$33,345.00
C
203 D220 Set of WesTech Rake Arms, Replacement for Serial No. 1 SET $70,985.00
$70,985.00
D
215 D224 WesTech Center Column, Replacement for Serial No. 1 EA $61,374.00
$61,374.00
3660B
E
Replacement Parts for WesTech Scum Skimmer Assembly Not
Applicable
Not
Applicable
No sales, GST, PST, use, or other taxes have been included in our pricing. No
Quoted in US Dollars Grand Total
$262,898.00
discounts accepted.
Please see the attached General Terms and Conditions and Warranty Information.
Minimum Order amount is US $100.
All information provided with and including this proposal is considered proprietary and is not for distribution without express written
consent of WesTech Engineering LLC.
WesTech prefers that payments under $3,000 are processed by Credit Card. Any orders over $10,000 can not be accepted by Credit
Card and will be invoiced at terms. This is to include freight and taxes. A processing fee of up to 4 percent on Credit Cards may be
added where allowed by law.
This Quotation is subject to all specifications above as well as all attachments included with this document.
Thank you again for your quote request!
Best Regards,
David MORTENSEN
Page 2 of 3
General Terms of Sales
Quotation No: QUO-04133-135112G7
Terms and Conditions appearing in any order based on this proposal which are
inconsistent herewith shall not be binding on WesTech Engineering, LLC. The sale and
purchase of equipment described herein shall be governed exclusively by the
foregoing proposal and the following provisions:
1. SPECIFICATIONS: WesTech Engineering, LLC is furnishing its standard equipment as
outlined in the proposal and as will be covered by final approved drawings. The
equipment may not be in strict compliance with the Engineer's/Owner's plans,
specifications, or addenda as there may be deviations. The equipment will, however,
meet the general intention of the mechanical specifications of these documents.
2. ITEMS INCLUDED: This proposal includes only the equipment specified herein and
does not include erection, installation, accessories, nor associated materials such as
controls, piping, etc., unless specifically listed.
3. PARTIES TO CONTRACT: WesTech Engineering, LLC is not a partyto or bound by the
terms of any contract between WesTech Engineering, LLC's customer and any other
parry. WesTech Engineering, LLC's undertakings are limited to those defined in the
contract between WesTech Engineering, LLC and its direct customers.
4. PRICE AND DELIVERY: All selling prices quoted are subject to change without notice
after 30 days from the date of this proposal unless specified otherwise. Unless
otherwise stated, all prices are F.O.B. WesTech Engineering, LLC or its supplier's
shipping points. All claims for damage, delay or shortage arising from such equipment
shall be made by Purchaser directly against the carrier. When shipments are quoted
F.O.B. job site or other designation, Purchaser shall inspect the equipment shipped,
notifying WesTech Engineering, LLC of any damage or shortage within forty-eight
hours of receipt, and failure to so notify WesTech Engineering, LLC shall constitute
acceptance by Purchaser, relieving WesTech Engineering, LLC of any liability for
shipping damages or shortages.
5. PAYMENTS: All invoices are net 30 days. Delinquencies are subject to a 1.5 percent
service charge per month or the maximum permitted by law, whichever is less on all
past due accounts. Pro rata payments are due as shipments are made. If shipments
are delayed by the Purchaser, invoices shall be sent on the date when WesTech
Engineering, LLC is prepared to make shipment and payment shall become due under
standard invoicing terms. If the work to be performed hereunder is delayed by the
Purchaser, payments shall be based on the purchase price and percentage of
completion. Products held for the Purchaser shall be at the risk and expense of the
Purchaser. Unless specifically stated otherwise, prices quoted are for equipment only.
These terms are independent of and not contingent upon the time and manner in
which the Purchaser receives payment from the owner.
6. PAYMENT TERMS: Credit is subject to acceptance by WesTech Engineering, LLC's
Credit Department. If the financial condition of the Purchaser at any time is such as to
give WesTech Engineering, LLC, in its judgment, doubt concerning the Purchaser's
ability to pay, WesTech Engineering, LLC may require full or partial payment in
advance or may suspend any further deliveries or continuance of the work to be
performed by the WesTech Engineering, LLC until such payment has been received.
7. ESCALATION: If between the proposal date and actual procurement and through
no fault of the Seller, the relevant cost of labor, material, freight, tariffs, and other
Seller costs combined relating to the contract, increase by greater than 2.5% of the
overall contract price, then the contract price shall be subject to escalation and
increased. Such increase shall be verified by documentation and the amount of
contract price escalation shall be calculated as either the actual increased cost to the
Seller or, if agreed by the Parties, the equivalent increase of a relevant industry
recognized third -party index, and in both cases without any additional profit or
margin being added.
8. APPROVAL: If approval of equipment submittals by Purchaser or others is required,
a condition precedent to WesTech Engineering, LLC supplying any equipment shall be
such complete approval.
9. INSTALLATION SUPERVISION: Prices quoted for equipment do not include
installation supervision. WesTech Engineering, LLC recommends and will, upon
request, make available, at WesTech Engineering, LLC's then current rate, an
experienced installation supervisor to act as the Purchaser's employee and agent to
supervise installation of the equipment. Purchaser shall at its sole expense furnish all
necessary labor equipment, and materials needed for installation.
Responsibility for proper operation of equipment, if not installed by WesTech
Engineering, LLC or installed in accordance with WesTech Engineering, LLC's
instructions, and inspected and accepted in writing by WesTech Engineering, LLC,
rests entirely with Purchaser; and any work performed by WesTech Engineering, LLC
personnel in making adjustment or changes must be paid for at WesTech Engineering,
LLC's then current per diem rates plus living and traveling expenses.
WesTech Engineering, LLC will supply the safety devices described in this proposal or
shown in WesTech Engineering, LLC's drawings furnished as part of this order but
excepting these, WesTech Engineering, LLC shall not be required to supply or install
any safety devices whether required by law or otherwise. The Purchaser hereby
agrees to indemnify and hold harmless WesTech Engineering, LLC from any claims or
losses arising due to alleged or actual insufficiency or inadequacy of the safety
devices offered or supplied hereunder, whether specified by WesTech Engineering,
LLC or Purchaser, and from any damage resulting from the use of the equipment
supplied hereunder.
10. ACCEPTANCE OF PRODUCTS: Products will be deemed accepted without any
claim by Purchaser unless written notice of non -acceptance is received by WesTech
Engineering, LLC within 30 days of delivery if shipped F.O.B. point of shipment, or 48
hours of delivery if shipped F.O.B. point of destination. Such written notice shall not
be considered received by WesTech Engineering, LLC unless it is accompanied by all
freight bills for said shipment, with Purchaser's notations as to damages, shortages
and conditions of equipment, containers, and seals. Non -accepted products are
subject to the return policy stated below.
11. TAXES: Any federal, state, or local sales, use or other taxes applicable to this
transaction, unless specifically included in the price, shall be for Purchaser's account.
12. TITLE: The equipment specified herein, and any replacements or substitutes
therefore shall, regardless of the manner in which affixed to or used in connection
with realty, remain the sole and personal property of WesTech Engineering, LLC until
the full purchase price has been paid. Purchaser agrees to do all things necessary to
protect and maintain WesTech Engineering, LLC's title and interest in and to such
equipment; and upon Purchaser's default, WesTech Engineering, LLC may retain as
liquidated damages any and all partial payments made and shall be free to enter the
premises where such equipment is located and remove the same as its property
without prejudice to any further claims on account of damages or loss which WesTech
Engineering, LLC may suffer from any cause.
13. INSURANCE: From date of shipment until the invoice is paid in full, Purchaser
agrees to provide and maintain at its expense, but for WesTech Engineering, LLC's
benefit, adequate insurance including, but not limited to, builders risk insurance on
the equipment against any loss of any nature whatsoever.
14. SHIPMENTS: Any shipment of delivery dates recited represent WesTech
Engineering, LLC's best estimate but no liability, direct or indirect, is assumed by
WesTech Engineering, LLC for failure to ship or deliver on such dates.
WesTech Engineering, LLC shall have the right to make partial shipments; and invoices
covering the same shall be due and payable by Purchaser in accordance with the
payment terms thereof. If Purchaser defaults in any payment when due hereunder,
WesTech Engineering, LLC may, without incurring any liability therefore to Purchaser
or Purchaser's customers, declare all payments immediately due and payable with
maximum legal interest thereon from due date of said payment, and at its option,
stop all further work and shipments until all past due payments have been made,
and/or require that any further deliveries be paid for prior to shipment. If Purchaser
requests postponements of shipments, the purchase price shall be due and payable
upon notice from WesTech Engineering, LLC that the equipment is ready for
shipment; and thereafter any storage or other charge WesTech Engineering, LLC
incurs on account ofthe equipment shall be for the Purchaser's account.
If delivery is specified at a point other than WesTech Engineering, LLC or its supplier's
shipping points, and delivery is postponed or prevented by strike, accident, embargo,
or other cause beyond WesTech Engineering, LLC's reasonable control and occurring
at a location other than WesTech Engineering, LLC or its supplier's shipping points,
WesTech Engineering, LLC assumes no liability in delivery delay. If Purchaser refuses
such delivery, WesTech Engineering, LLC may store the equipment at Purchaser's
expense. For all purposes of this agreement such tender of delivery or storage shall
constitute delivery.
15. WARRANTY: WesTech Engineering, LLC warrants equipment it supplies only in
accordance with the attached WesTech Warranty. This warranty is expressly given by
WesTech and accepted by purchaser in lieu of all other warranties whether written,
oral, express, implied, statutory or otherwise, including without limitation, warranties
of merchantability and fitness for particular purpose. WesTech neither accepts nor
authorizes any other person to assume for it any other liability with respect to its
equipment. WesTech shall not be liable for normal wear and tear, corrosion, or any
contingent, incidental, or consequential damage or expense due to partial or
Page 3 of 3
General Terms of Sales
Quotation No: QUO-04133-135112G7
complete inoperability of its equipment for any reason whatsoever. The purchaser's
exclusive and only remedy for breach of this warranty shall be the repair and or
replacement of the defective part or parts within a reasonable time of WesTech's
accepting the validity of a warranty claim made by the purchaser.
16. PATENTS: WesTech Engineering, LLC agrees that it will, at its own expense, defend
all suits or proceedings instituted against Purchaser and pay any award of damages
assessed against it in such suits or proceedings, so far as the same are based on any
claim that the said equipment or any part thereof constitutes an infringement of any
apparatus patent of the United States issued at the date of this Agreement, provided
WesTech Engineering, LLC is given prompt notice in writing of the institution or
threatened institution of any suit or proceeding and is given full control of the
defense, settlement, or compromise of any such action; and Purchaser agrees to give
WesTech Engineering, LLC needed information, assistance, and authority to enable
WesTech Engineering, LLC so to do. In the event said equipment is held or conceded
to infringe such a patent, WesTech Engineering, LLC shall have the right at its sole
option and expense to a) modify the equipment to be noninfringing, b) obtain for
Purchaser the license to continue using said equipment, or c) accept return of the
equipment and refund to the Purchaser the purchase price thereof less a reasonable
charge for the use thereof. WesTech Engineering, LLC will reimburse Purchaser for
actual out-of-pocket expenses, exclusive of legal fees, incurred in preparing such
information and rendering such assistance at WesTech Engineering, LLC's request. The
foregoing states the entire liability of WesTech Engineering, LLC, with respect to
patent infringement; and except as otherwise agreed to in writing, WesTech
Engineering, LLC assumes no responsibility for process patent infringement.
17. SURFACE PREPARATION AND PAINTING: If furnished, shop primer paint is
intended to serve only as minimal protective finish. WesTech Engineering, LLC will not
be responsible for the condition of primed or finish painted surfaces after equipment
leaves its shops. Purchasers are invited to inspect paint in shops for proper
preparation and application prior to shipment. WesTech Engineering, LLC assumes no
responsibility for field surface preparation or touch-up of shipping damage to paint.
Painting of fasteners and other touchup to painted surfaces will be by Purchaser's
painting contractor after mechanism installation. Motors, gear motors, and other
components not manufactured by WesTech Engineering, LLC will be painted with that
manufacturer's standard paint system. It is WesTech Engineering, LLC's intention to
ship major steel components as soon as fabricated, often before drive, motors, and
other manufactured components. Unless Purchaser can ensure that shop primed
steel shall be field painted within thirty (30) days after arrival at the job site, WesTech
Engineering, LLC encourages the Purchaser to order these components without
primer. WesTech Engineering, LLC's prices are based on paints and surface
preparations as outlined in the main body of this proposal. In the event that an
alternate paint system is selected, WesTech Engineering, LLC requests that
Purchaser's order advise of the paint selection. WesTech Engineering, LLC will then
either adjust the price as may be necessary to comply or ship the material unpainted
if compliance is not possible due to application problems or environmental controls.
18. CANCELLATION, SUSPENSION, OR DELAY: After acceptance by WesTech
Engineering, LLC, this proposal, or Purchaser's order based on this proposal, shall be a
firm agreement and is not subject to cancellation, suspension, or delay except upon
payment by Purchaser of appropriate charges which shall include all costs incurred by
WesTech Engineering, LLC to date of cancellation, suspension, or delay plus a
reasonable profit. Additionally, all charges related to storage and/or resumption of
work, at WesTech Engineering, LLC's plant or elsewhere, shall be for Purchaser's sole
account; and all risks incidental to storage shall be assumed by Purchaser.
19. FORCE MAJEURE: Neither party hereto shall be liable to the other for default or
delay in delivery caused by extreme weather or other act of God, strike or other labor
shortage or disturbance, fire, accident, war or civil disturbance, act of government,
pandemic, delay of carriers, failure of normal sources of supply, complete or partial
shutdown of plant by reason of inability to attain sufficient raw materials or power,
and/or other similar contingency beyond the reasonable control of the respective
parties. The time for delivery specified herein shall be extended during the
continuance of such conditions, or any other cause beyond such party's reasonable
control. Escalation resulting from a Force Majeure event shall be equitably adjusted
per the escalation policy stated above.
20. RETURN OF PRODUCTS: No products may be returned to WesTech Engineering,
LLC without WesTech Engineering, LLC's prior written permission. Said permission
may be withheld by WesTech Engineering, LLC at its sole discretion.
21. BACKCHARGES: WesTech Engineering, LLC will not approve or accept backcharges
for labor, materials, or other costs incurred by Purchaser or others in modification,
adjustment, service, or repair of WesTech Engineering, LLC furnished materials unless
such back charge has been authorized in advance in writing by a WesTech
Engineering, LLC purchase order, or work requisition signed by WesTech Engineering,
LLC.
22. INDEMNIFICATION: Purchaser agrees to indemnify WesTech Engineering, LLC
from all costs incurred, including but not limited to court costs and reasonable
attorney fees, from enforcing any provisions of this contract, including but not limited
to breach of contract or costs incurred in collecting monies owed on this contract.
23. ENTIRE AGREEMENT: This proposal expresses the entire agreement between the
parties hereto superseding any prior understandings, and is not subject to
modification except by a writing signed by an authorized officer of each party. 24.
MOTORS AND MOTOR DRIVES: In order to avoid shipment delays of WesTech
Engineering, LLC equipment, motors and drives may be sent directly to the job site for
installation by the equipment installer. Minor fit -up may be required. 25. EXTENDED
STORAGE: Extended storage instructions will be part of information provided to
shipment. If equipment installation and start-up is delayed more than 30 days, the
provisions of the storage instructions must be followed to keep WARRANTY in force.
26. LIABILITY: Professional liability insurance, including but not limited to, errors and
omissions insurance, is not included. In any event, liability for errors and omissions
shall be limited to the lesser of $100,000 USD or the value of the particular piece of
equipment (not the value of the entire order) supplied by WesTech Engineering, LLC
against which a claim is sought. 27. ARBITRATION NEGOTIATION: Any controversy or
claim arising out of or relating to the performance of any contract resulting from this
proposal or contract issued, or the breach thereof, shall be settled by arbitration in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s)
may be entered to any court having jurisdiction.
ACCEPTED BY PURCHASER
Customer Name:
Customer Address:
Contact Name:
Contact Phone:
Contact Email:
Signature:
Printed Name:
Title:
Date:
Page 1 of 4
WESTECH QUOTATION
IQuotation No.
SALT LAKE CITY, oUTAH 84165-0068 I Phone:X 65068 Fax: 8010--265 1080 0 I Q O-04137-L4L5V4
Thank you for the opportunity to quote you with your equipment needs.
Please review the following and contact us toplace an order or ask any questions.
Date:
10/11/2024
Oppty #: 2492755
Ship Via:
BW
RFQ No.:
MasterJob No.: 3955A
Freight:
FSP-PPA
Quoted By:
David MORTENSEN
Prime Name: Village Creek WRF
Lead Time:
140 days
Phone:
+1(801) 290-1877
Equipment: 150' Conventional Clarifier
Quote Valid:
Thru 30 September
2025
Email:
DMORTENSEN@westech-
Payment Terms: NET30
inc.com
Bill To:
City of Fort Worth
Ship To:
Village Creek WWTP
Daniel Salgado
4500 Wilma Ln
Water & Sewer Administration
Arlington, TX 76012
200 Texas Street
US
Fort Worth, TX 76102
US
Tel/Cell:
Tel/Cell:
Email:
Daniel.Salgado@fortworthtexas.gov Email:
Daniel.Salgado@fortworthtexas.gov
Item Line
Item No.
Part/Dwg Number
Description
Qty Units I Unit Price
I Net Price
A
100
DV8050-C60
WesTech C60 Cage Drive, Replacement for Serial No.
1 ASM
$97,194.00
$97,194.00
3955A
B
208/209
D122
WesTech Drive Cage, Replacement for Serial No. 3955A
1 EA
$52,054.00
$52,054.00
C
220/224
D130/D131
Set WesTech Rake Arms, Replacement for Serial No. 3955A 1 SET
$331,056.00
$331,056.00
D
205
D120
WesTech Center Column, Replacement for Serial No.
1 EA
$82,280.00
$82,280.00
3955A
E
Replacement Parts for WesTech Scum Skimmer Assembly
E.1
615
SKXDT019A
Support Arm, Skimmer Assembly
1 EA
$107.00
$107.00
E.2
614
SKXDT020A
Pivot, Skimmer Assembly
1 EA
$63.00
$63.00
E.3
616
2-19262
Extension Spring, Skimmer Assembly
1 EA
$43.00
$43.00
EA
611
SKXDT011K
Bottom Wiper (6'), Skimmer Assembly
1 EA
$112.00
$112.00
E.5
612
SKXDT015A
Side Wiper, Skimmer Assembly
1 EA
$31.00
$31.00
No sales, GST, PST, use, or other taxes have been included in our pricing. No
Quoted in US Dollars Grand Total $562,940.00
discounts accepted.
Please see the attached General Terms and Conditions and Warranty Information.
Minimum Order amount is US $100.
All information provided with and including this proposal is considered proprietary and is not for distribution without express written
consent of WesTech Engineering L-C.
WesTech prefers that payments under $3,000 are processed by Credit Card. Any orders over $10,000 can not be accepted by Credit
Card and will be invoiced at terms. This is to include freight and taxes. A processing fee of up to 4 percent on Credit Cards may be
added where allowed by law.
This Quotation is subject to all specifications above as well as all attachments included with this document.
Thank you again for your quote request!
Page 2 of 4
Best Regards,
David MORTENSEN
Page 3 of 4
General Terms of Sales
Quotation No: QUO-04137-L4L5V4
Terms and Conditions appearing in any order based on this proposal which are
inconsistent herewith shall not be binding on WesTech Engineering, LLC. The sale and
purchase of equipment described herein shall be governed exclusively by the
foregoing proposal and the following provisions:
1. SPECIFICATIONS: WesTech Engineering, LLC is furnishing its standard equipment as
outlined in the proposal and as will be covered by final approved drawings. The
equipment may not be in strict compliance with the Engineer's/Owner's plans,
specifications, or addenda as there may be deviations. The equipment will, however,
meet the general intention of the mechanical specifications of these documents.
2. ITEMS INCLUDED: This proposal includes only the equipment specified herein and
does not include erection, installation, accessories, nor associated materials such as
controls, piping, etc., unless specifically listed.
3. PARTIES TO CONTRACT: WesTech Engineering, LLC is not a partyto or bound by the
terms of any contract between WesTech Engineering, LLC's customer and any other
party. WesTech Engineering, LLC's undertakings are limited to those defined in the
contract between WesTech Engineering, LLC and its direct customers.
4. PRICE AND DELIVERY: All selling prices quoted are subject to change without notice
after 30 days from the date of this proposal unless specified otherwise. Unless
otherwise stated, all prices are F.O.B. WesTech Engineering, LLC or its supplier's
shipping points. All claims for damage, delay or shortage arising from such equipment
shall be made by Purchaser directly against the carrier. When shipments are quoted
F.O.B. job site or other designation, Purchaser shall inspect the equipment shipped,
notifying WesTech Engineering, LLC of any damage or shortage within forty-eight
hours of receipt, and failure to so notify WesTech Engineering, LLC shall constitute
acceptance by Purchaser, relieving WesTech Engineering, LLC of any liability for
shipping damages or shortages.
5. PAYMENTS: All invoices are net 30 days. Delinquencies are subject to a 1.5 percent
service charge per month or the maximum permitted by law, whichever is less on all
past due accounts. Pro rata payments are due as shipments are made. If shipments
are delayed by the Purchaser, invoices shall be sent on the date when WesTech
Engineering, LLC is prepared to make shipment and payment shall become due under
standard invoicing terms. If the work to be performed hereunder is delayed by the
Purchaser, payments shall be based on the purchase price and percentage of
completion. Products held for the Purchaser shall be at the risk and expense of the
Purchaser. Unless specifically stated otherwise, prices quoted are for equipment only.
These terms are independent of and not contingent upon the time and manner in
which the Purchaser receives payment from the owner.
6. PAYMENT TERMS: Credit is subject to acceptance by WesTech Engineering, LLC's
Credit Department. If the financial condition of the Purchaser at any time is such as to
give WesTech Engineering, LLC, in its judgment, doubt concerning the Purchaser's
ability to pay, WesTech Engineering, LLC may require full or partial payment in
advance or may suspend any further deliveries or continuance of the work to be
performed by the WesTech Engineering, LLC until such payment has been received.
7. ESCALATION: If between the proposal date and actual procurement and through
no fault of the Seller, the relevant cost of labor, material, freight, tariffs, and other
Seller costs combined relating to the contract, increase by greater than 2.5% of the
overall contract price, then the contract price shall be subject to escalation and
increased. Such increase shall be verified by documentation and the amount of
contract price escalation shall be calculated as either the actual increased cost to the
Seller or, if agreed by the Parties, the equivalent increase of a relevant industry
recognized third -party index, and in both cases without any additional profit or
margin being added.
B. APPROVAL: If approval of equipment submittals by Purchaser or others is required,
a condition precedent to WesTech Engineering, LLC supplying any equipment shall be
such complete approval.
9. INSTALLATION SUPERVISION: Prices quoted for equipment do not include
installation supervision. WesTech Engineering, LLC recommends and will, upon
request, make available, at WesTech Engineering, LLC's then current rate, an
experienced installation supervisor to act as the Purchaser's employee and agent to
supervise installation of the equipment. Purchaser shall at its sole expense furnish all
necessary labor equipment, and materials needed for installation.
Responsibility for proper operation of equipment, if not installed by WesTech
Engineering, LLC or installed in accordance with WesTech Engineering, LLC's
instructions, and inspected and accepted in writing by WesTech Engineering, LLC,
rests entirely with Purchaser; and any work performed by WesTech Engineering, LLC
personnel in making adjustment or changes must be paid for at WesTech Engineering,
LLC's then current per diem rates plus living and traveling expenses.
WesTech Engineering, LLC will supply the safety devices described in this proposal or
shown in WesTech Engineering, LLC's drawings furnished as part of this order but
excepting these, WesTech Engineering, LLC shall not be required to supply or install
any safety devices whether required by law or otherwise. The Purchaser hereby
agrees to indemnify and hold harmless WesTech Engineering, LLC from any claims or
losses arising due to alleged or actual insufficiency or inadequacy of the safety
devices offered or supplied hereunder, whether specified by WesTech Engineering,
LLC or Purchaser, and from any damage resulting from the use of the equipment
supplied hereunder.
10. ACCEPTANCE OF PRODUCTS: Products will be deemed accepted without any
claim by Purchaser unless written notice of non -acceptance is received by WesTech
Engineering, LLC within 30 days of delivery if shipped F.O.B. point of shipment, or 46
hours of delivery if shipped F.O.B. point of destination. Such written notice shall not
be considered received by WesTech Engineering, LLC unless it is accompanied by all
freight bills for said shipment, with Purchaser's notations as to damages, shortages
and conditions of equipment, containers, and seals. Non -accepted products are
subject to the return policy stated below.
11. TAXES: Any federal, state, or local sales, use or other taxes applicable to this
transaction, unless specifically included in the price, shall be for Purchaser's account.
12. TITLE: The equipment specified herein, and any replacements or substitutes
therefore shall, regardless of the manner in which affixed to or used in connection
with realty, remain the sole and personal property of WesTech Engineering, LLC until
the full purchase price has been paid. Purchaser agrees to do all things necessary to
protect and maintain WesTech Engineering, LLC's title and interest in and to such
equipment; and upon Purchaser's default, WesTech Engineering, LLC may retain as
liquidated damages any and all partial payments made and shall be free to enter the
premises where such equipment is located and remove the same as its property
without prejudice to any further claims on account of damages or loss which WesTech
Engineering, LLC may suffer from any cause.
13. INSURANCE: From date of shipment until the invoice is paid in full, Purchaser
agrees to provide and maintain at its expense, but for WesTech Engineering, LLC's
benefit, adequate insurance including, but not limited to, builders risk insurance on
the equipment against any loss of any nature whatsoever.
14. SHIPMENTS: Any shipment of delivery dates recited represent WesTech
Engineering, LLC's best estimate but no liability, direct or indirect, is assumed by
WesTech Engineering, LLC for failure to ship or deliver on such dates.
WesTech Engineering, LLC shall have the right to make partial shipments; and invoices
covering the same shall be due and payable by Purchaser in accordance with the
payment terms thereof. If Purchaser defaults in any payment when due hereunder,
WesTech Engineering, LLC may, without incurring any liability therefore to Purchaser
or Purchaser's customers, declare all payments immediately due and payable with
maximum legal interest thereon from due date of said payment, and at its option,
stop all further work and shipments until all past due payments have been made,
and/or require that any further deliveries be paid for prior to shipment. If Purchaser
requests postponements of shipments, the purchase price shall be due and payable
upon notice from WesTech Engineering, LLC that the equipment is ready for
shipment; and thereafter any storage or other charge WesTech Engineering, LLC
incurs on account ofthe equipment shall be for the Purchaser's account.
If delivery is specified at a point other than WesTech Engineering, LLC or its supplier's
shipping points, and delivery is postponed or prevented by strike, accident, embargo,
or other cause beyond WesTech Engineering, LLC's reasonable control and occurring
at a location other than WesTech Engineering, LLC or its supplier's shipping points,
WesTech Engineering, LLC assumes no liability in delivery delay. If Purchaser refuses
such delivery, WesTech Engineering, LLC may store the equipment at Purchaser's
expense. For all purposes of this agreement such tender of delivery or storage shall
constitute delivery.
15. WARRANTY: WesTech Engineering, LLC warrants equipment it supplies only in
accordance with the attached WesTech Warranty. This warranty is expressly given by
WesTech and accepted by purchaser in lieu of all other warranties whether written,
oral, express, implied, statutory or otherwise, including without limitation, warranties
of merchantability and fitness for particular purpose. WesTech neither accepts nor
authorizes any other person to assume for it any other liability with respect to its
equipment. WesTech shall not be liable for normal wear and tear, corrosion, or any
contingent, incidental, or consequential damage or expense due to partial or
Page 4 of 4
General Terms of Sales
Quotation No: QUO-04137-L4L5V4
complete inoperability of its equipment for any reason whatsoever. The purchaser's
exclusive and only remedy for breach of this warranty shall be the repair and or
replacement of the defective part or parts within a reasonable time of WesTech's
accepting the validity of a warranty claim made by the purchaser.
16. PATENTS: WesTech Engineering, LLC agrees that it will, at its own expense, defend
all suits or proceedings instituted against Purchaser and pay any award of damages
assessed against it in such suits or proceedings, so far as the same are based on any
claim that the said equipment or any part thereof constitutes an infringement of any
apparatus patent of the United States issued at the date of this Agreement, provided
WesTech Engineering, LLC is given prompt notice in writing of the institution or
threatened institution of any suit or proceeding and is given full control of the
defense, settlement, or compromise of any such action; and Purchaser agrees to give
WesTech Engineering, LLC needed information, assistance, and authority to enable
WesTech Engineering, LLC so to do. In the event said equipment is held or conceded
to infringe such a patent, WesTech Engineering, LLC shall have the right at its sole
option and expense to a) modify the equipment to be noninfringing, b) obtain for
Purchaser the license to continue using said equipment, or c) accept return of the
equipment and refund to the Purchaser the purchase price thereof less a reasonable
charge for the use thereof. WesTech Engineering, LLC will reimburse Purchaser for
actual out-of-pocket expenses, exclusive of legal fees, incurred in preparing such
information and rendering such assistance at WesTech Engineering, LLC's request. The
foregoing states the entire liability of WesTech Engineering, LLC, with respect to
patent infringement; and except as otherwise agreed to in writing, WesTech
Engineering, LLC assumes no responsibility for process patent infringement.
17. SURFACE PREPARATION AND PAINTING: If furnished, shop primer paint is
intended to serve only as minimal protective finish. WesTech Engineering, LLC will not
be responsible for the condition of primed or finish painted surfaces after equipment
leaves its shops. Purchasers are invited to inspect paint in shops for proper
preparation and application prior to shipment. WesTech Engineering, LLC assumes no
responsibility for field surface preparation or touch-up of shipping damage to paint.
Painting of fasteners and other touchup to painted surfaces will be by Purchaser's
painting contractor after mechanism installation. Motors, gear motors, and other
components not manufactured by WesTech Engineering, LLC will be painted with that
manufacturer's standard paint system. It is WesTech Engineering, LLC's intention to
ship major steel components as soon as fabricated, often before drive, motors, and
other manufactured components. Unless Purchaser can ensure that shop primed
steel shall be field painted within thirty (30) days after arrival at the job site, WesTech
Engineering, LLC encourages the Purchaser to order these components without
primer. WesTech Engineering, LLC's prices are based on paints and surface
preparations as outlined in the main body of this proposal. In the event that an
alternate paint system is selected, WesTech Engineering, LLC requests that
Purchaser's order advise of the paint selection. WesTech Engineering, LLC will then
either adjust the price as may be necessary to comply or ship the material unpainted
if compliance is not possible due to application problems or environmental controls.
18. CANCELLATION, SUSPENSION, OR DELAY: After acceptance by WesTech
Engineering, LLC, this proposal, or Purchaser's order based on this proposal, shall be a
firm agreement and is not subject to cancellation, suspension, or delay except upon
payment by Purchaser of appropriate charges which shall include all costs incurred by
WesTech Engineering, LLC to date of cancellation, suspension, or delay plus a
reasonable profit. Additionally, all charges related to storage and/or resumption of
work, at WesTech Engineering, LLC's plant or elsewhere, shall be for Purchaser's sole
account; and all risks incidental to storage shall be assumed by Purchaser.
19. FORCE MAJEURE: Neither party hereto shall be liable to the other for default or
delay in delivery caused by extreme weather or other act of God, strike or other labor
shortage or disturbance, fire, accident, war or civil disturbance, act of government,
pandemic, delay of carriers, failure of normal sources of supply, complete or partial
shutdown of plant by reason of inability to attain sufficient raw materials or power,
and/or other similar contingency beyond the reasonable control of the respective
parties. The time for delivery specified herein shall be extended during the
continuance of such conditions, or any other cause beyond such party's reasonable
control. Escalation resulting from a Force Majeure event shall be equitably adjusted
per the escalation policy stated above.
20. RETURN OF PRODUCTS: No products may be returned to WesTech Engineering,
LLC without WesTech Engineering, LLC's prior written permission. Said permission
may be withheld by WesTech Engineering, LLC at its sole discretion.
21. BACKCHARGES: WesTech Engineering, LLC will not approve or accept backcharges
for labor, materials, or other costs incurred by Purchaser or others in modification,
adjustment, service, or repair of WesTech Engineering, LLC furnished materials unless
such back charge has been authorized in advance in writing by a WesTech
Engineering, LLC purchase order, or work requisition signed by WesTech Engineering,
LLC.
22. INDEMNIFICATION: Purchaser agrees to indemnify WesTech Engineering, LLC
from all costs incurred, including but not limited to court costs and reasonable
attorney fees, from enforcing any provisions of this contract, including but not limited
to breach of contract or costs incurred in collecting monies owed on this contract.
23. ENTIRE AGREEMENT: This proposal expresses the entire agreement between the
parties hereto superseding any prior understandings, and is not subject to
modification except by a writing signed by an authorized officer of each party. 24.
MOTORS AND MOTOR DRIVES: In order to avoid shipment delays of WesTech
Engineering, LLC equipment, motors and drives may be sent directly to the job site for
installation by the equipment installer. Minor fit -up may be required. 25. EXTENDED
STORAGE: Extended storage instructions will be part of information provided to
shipment. If equipment installation and start-up is delayed more than 30 days, the
provisions of the storage instructions must be followed to keep WARRANTY in force.
26. LIABILITY: Professional liability insurance, including but not limited to, errors and
omissions insurance, is not included. In any event, liability for errors and omissions
shall be limited to the lesser of $100,000 USD or the value of the particular piece of
equipment (not the value of the entire order) supplied by WesTech Engineering, LLC
against which a claim is sought. 27. ARBITRATION NEGOTIATION: Any controversy or
claim arising out of or relating to the performance of any contract resulting from this
proposal or contract issued, or the breach thereof, shall be settled by arbitration in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s)
may be entered to any court having jurisdiction.
ACCEPTED BY PURCHASER
Customer Name:
Customer Address:
Contact Name:
Contact Phone:
Contact Email:
Signature:
Printed Name:
Title:
Date:
Page 1 of 4
WESTECH QUOTATION
IQuotation No.
SALT LAKE CITY, OUTAH 84165-0068 I Phone:X 65068 Fax: 8010--265 10800 I QUOU04144-C S3H2
Thank you for the opportunity to quote you with your equipment needs.
Please review the following and contact us toplace an order or ask any questions.
Date:
10/11/2024 Oppty #:
2492756
Ship Via:
BW
RFQ No.:
MasterJob No.: 3864A
Freight:
FSP-PPA
Quoted By:
David MORTENSEN Prime Name:
Village Creek WRF
Lead Time:
140 days
Phone:
+1(801) 290-1877 Equipment:
60' DAF
Quote Valid:
Thru 30 September
2025
Email:
DMORTENSEN@westech- Payment Terms: NET30
inc.com
Bill To:
City of Fort Worth
Ship To:
Village Creek WWTP
Daniel Salgado
4500 Wilma Ln
Water & Sewer Administration
Arlington, TX 76012
200 Texas Street
US
Fort Worth, TX 76102
US
Tel/Cell:
Tel/Cell:
Email:
Daniel.Salgado@fortworthtexas.gov
Email:
Daniel.Salgado@fortworthtexas.gov
Item Line I
Item No. I Part/Dwg Number I
Description
Qty Units
Unit Price
Net Price
A
100 DV8060-C60-DAF
WesTech C60 Cage Drive - DAF,
1 ASM
$84,687.00
$84,687.00
Replacement for Serial No. 3864A
B
220/221 D122
WesTech Drive Cage, Replacement
1 EA
$46,735.00
$46,735.00
for Serial No. 3864A
C
228 D150
Set of WesTech Rake Arms,
1 SET
$63,107.00
$63,107.00
Replacements for Serial No. 3864A
D
225 D121
WesTech Center Column,
1 EA
$71,404.00
$71,404.00
Replacement for Serial No. 3864A
Replacement Parts for WesTech
E
Scum Skimmer Assembly
E.1
1120 SKXDT019A
Support Arm, Skimmer Assembly
1 EA
$107.00
$107.00
E.2
1121 SKXDT020A
Pivot, Skimmer Assembly
1 EA
$63.00
$63.00
E.3
1124 2-19262
Extension Spring, Skimmer
1 EA
$43.00
$43.00
Assembly
Bottom Wiper (6'), Skimmer
EA
1128 SKXDT011K
Assembly-2 required per
2 EA
$112.00
$224.00
assembly
E.5
1129 SKXDT015A
Side Wiper, Skimmer Assembly
1 EA
$31.00
$31.00
No sales, GST, PST, use, or other taxes have been included
in our pricing. No
Quoted in
US Dollars Grand Total
$266,401.00
discounts accepted.
Please see the attached General Terms and Conditions and Warranty Information.
Minimum Order amount is US $100.
All information provided with and including this proposal is considered proprietary and is not for distribution without express written
consent of WesTech Engineering L-C.
WesTech prefers that payments under $3,000 are processed by Credit Card. Any orders over $10,000 can not be accepted by Credit
Card and will be invoiced at terms. This is to include freight and taxes. A processing fee of up to 4 percent on Credit Cards may be
added where allowed by law.
This Quotation is subject to all specifications above as well as all attachments included with this document.
Page 2 of 4
Thank you again for your quote request!
Best Regards,
David MORTENSEN
Page 3 of 4
General Terms of Sales
Quotation No: QUO-04144-CMH2
Terms and Conditions appearing in any order based on this proposal which are
inconsistent herewith shall not be binding on WesTech Engineering, LLC. The sale and
purchase of equipment described herein shall be governed exclusively by the
foregoing proposal and the following provisions:
1. SPECIFICATIONS: WesTech Engineering, LLC is furnishing its standard equipment as
outlined in the proposal and as will be covered by final approved drawings. The
equipment may not be in strict compliance with the Engineer's/Owner's plans,
specifications, or addenda as there may be deviations. The equipment will, however,
meet the general intention of the mechanical specifications of these documents.
2. ITEMS INCLUDED: This proposal includes only the equipment specified herein and
does not include erection, installation, accessories, nor associated materials such as
controls, piping, etc., unless specifically listed.
3. PARTIES TO CONTRACT: WesTech Engineering, LLC is not a partyto or bound by the
terms of any contract between WesTech Engineering, LLC's customer and any other
parry. WesTech Engineering, LLC's undertakings are limited to those defined in the
contract between WesTech Engineering, LLC and its direct customers.
4. PRICE AND DELIVERY: All selling prices quoted are subject to change without notice
after 30 days from the date of this proposal unless specified otherwise. Unless
otherwise stated, all prices are F.O.B. WesTech Engineering, LLC or its supplier's
shipping points. All claims for damage, delay or shortage arising from such equipment
shall be made by Purchaser directly against the carrier. When shipments are quoted
F.O.B. job site or other designation, Purchaser shall inspect the equipment shipped,
notifying WesTech Engineering, LLC of any damage or shortage within forty-eight
hours of receipt, and failure to so notify WesTech Engineering, LLC shall constitute
acceptance by Purchaser, relieving WesTech Engineering, LLC of any liability for
shipping damages or shortages.
5. PAYMENTS: All invoices are net 30 days. Delinquencies are subject to a 1.5 percent
service charge per month or the maximum permitted by law, whichever is less on all
past due accounts. Pro rata payments are due as shipments are made. If shipments
are delayed by the Purchaser, invoices shall be sent on the date when WesTech
Engineering, LLC is prepared to make shipment and payment shall become due under
standard invoicing terms. If the work to be performed hereunder is delayed by the
Purchaser, payments shall be based on the purchase price and percentage of
completion. Products held for the Purchaser shall be at the risk and expense of the
Purchaser. Unless specifically stated otherwise, prices quoted are for equipment only.
These terms are independent of and not contingent upon the time and manner in
which the Purchaser receives payment from the owner.
6. PAYMENT TERMS: Credit is subject to acceptance by WesTech Engineering, LLC's
Credit Department. If the financial condition of the Purchaser at any time is such as to
give WesTech Engineering, LLC, in its judgment, doubt concerning the Purchaser's
ability to pay, WesTech Engineering, LLC may require full or partial payment in
advance or may suspend any further deliveries or continuance of the work to be
performed by the WesTech Engineering, LLC until such payment has been received.
7. ESCALATION: If between the proposal date and actual procurement and through
no fault of the Seller, the relevant cost of labor, material, freight, tariffs, and other
Seller costs combined relating to the contract, increase by greater than 2.5% of the
overall contract price, then the contract price shall be subject to escalation and
increased. Such increase shall be verified by documentation and the amount of
contract price escalation shall be calculated as either the actual increased cost to the
Seller or, if agreed by the Parties, the equivalent increase of a relevant industry
recognized third -party index, and in both cases without any additional profit or
margin being added.
B. APPROVAL: If approval of equipment submittals by Purchaser or others is required,
a condition precedent to WesTech Engineering, LLC supplying any equipment shall be
such complete approval.
9. INSTALLATION SUPERVISION: Prices quoted for equipment do not include
installation supervision. WesTech Engineering, LLC recommends and will, upon
request, make available, at WesTech Engineering, LLC's then current rate, an
experienced installation supervisor to act as the Purchaser's employee and agent to
supervise installation of the equipment. Purchaser shall at its sole expense furnish all
necessary labor equipment, and materials needed for installation.
Responsibility for proper operation of equipment, if not installed by WesTech
Engineering, LLC or installed in accordance with WesTech Engineering, LLC's
instructions, and inspected and accepted in writing by WesTech Engineering, LLC,
rests entirely with Purchaser; and any work performed by WesTech Engineering, LLC
personnel in making adjustment or changes must be paid for at WesTech Engineering,
LLC's then current per diem rates plus living and traveling expenses.
WesTech Engineering, LLC will supply the safety devices described in this proposal or
shown in WesTech Engineering, LLC's drawings furnished as part of this order but
excepting these, WesTech Engineering, LLC shall not be required to supply or install
any safety devices whether required by law or otherwise. The Purchaser hereby
agrees to indemnify and hold harmless WesTech Engineering, LLC from any claims or
losses arising due to alleged or actual insufficiency or inadequacy of the safety
devices offered or supplied hereunder, whether specified by WesTech Engineering,
LLC or Purchaser, and from any damage resulting from the use of the equipment
supplied hereunder.
10. ACCEPTANCE OF PRODUCTS: Products will be deemed accepted without any
claim by Purchaser unless written notice of non -acceptance is received by WesTech
Engineering, LLC within 30 days of delivery if shipped F.O.B. point of shipment, or 46
hours of delivery if shipped F.O.B. point of destination. Such written notice shall not
be considered received by WesTech Engineering, LLC unless it is accompanied by all
freight bills for said shipment, with Purchaser's notations as to damages, shortages
and conditions of equipment, containers, and seals. Non -accepted products are
subject to the return policy stated below.
11. TAXES: Any federal, state, or local sales, use or other taxes applicable to this
transaction, unless specifically included in the price, shall be for Purchaser's account.
12. TITLE: The equipment specified herein, and any replacements or substitutes
therefore shall, regardless of the manner in which affixed to or used in connection
with realty, remain the sole and personal property of WesTech Engineering, LLC until
the full purchase price has been paid. Purchaser agrees to do all things necessary to
protect and maintain WesTech Engineering, LLC's title and interest in and to such
equipment; and upon Purchaser's default, WesTech Engineering, LLC may retain as
liquidated damages any and all partial payments made and shall be free to enter the
premises where such equipment is located and remove the same as its property
without prejudice to any further claims on account of damages or loss which WesTech
Engineering, LLC may suffer from any cause.
13. INSURANCE: From date of shipment until the invoice is paid in full, Purchaser
agrees to provide and maintain at its expense, but for WesTech Engineering, LLC's
benefit, adequate insurance including, but not limited to, builders risk insurance on
the equipment against any loss of any nature whatsoever.
14. SHIPMENTS: Any shipment of delivery dates recited represent WesTech
Engineering, LLC's best estimate but no liability, direct or indirect, is assumed by
WesTech Engineering, LLC for failure to ship or deliver on such dates.
WesTech Engineering, LLC shall have the right to make partial shipments; and invoices
covering the same shall be due and payable by Purchaser in accordance with the
payment terms thereof. If Purchaser defaults in any payment when due hereunder,
WesTech Engineering, LLC may, without incurring any liability therefore to Purchaser
or Purchaser's customers, declare all payments immediately due and payable with
maximum legal interest thereon from due date of said payment, and at its option,
stop all further work and shipments until all past due payments have been made,
and/or require that any further deliveries be paid for prior to shipment. If Purchaser
requests postponements of shipments, the purchase price shall be due and payable
upon notice from WesTech Engineering, LLC that the equipment is ready for
shipment; and thereafter any storage or other charge WesTech Engineering, LLC
incurs on account of the equipment shall be for the Purchaser's account.
If delivery is specified at a point other than WesTech Engineering, LLC or its supplier's
shipping points, and delivery is postponed or prevented by strike, accident, embargo,
or other cause beyond WesTech Engineering, LLC's reasonable control and occurring
at a location other than WesTech Engineering, LLC or its supplier's shipping points,
WesTech Engineering, LLC assumes no liability in delivery delay. If Purchaser refuses
such delivery, WesTech Engineering, LLC may store the equipment at Purchaser's
expense. For all purposes of this agreement such tender of delivery or storage shall
constitute delivery.
15. WARRANTY: WesTech Engineering, LLC warrants equipment it supplies only in
accordance with the attached WesTech Warranty. This warranty is expressly given by
WesTech and accepted by purchaser in lieu of all other warranties whether written,
oral, express, implied, statutory or otherwise, including without limitation, warranties
of merchantability and fitness for particular purpose. WesTech neither accepts nor
authorizes any other person to assume for it any other liability with respect to its
equipment. WesTech shall not be liable for normal wear and tear, corrosion, or any
contingent, incidental, or consequential damage or expense due to partial or
Page 4 of 4
General Terms of Sales
Quotation No: QUO-04144-CMH2
complete inoperability of its equipment for any reason whatsoever. The purchaser's
exclusive and only remedy for breach of this warranty shall be the repair and or
replacement of the defective part or parts within a reasonable time of WesTech's
accepting the validity of a warranty claim made by the purchaser.
16. PATENTS: WesTech Engineering, LLC agrees that it will, at its own expense, defend
all suits or proceedings instituted against Purchaser and pay any award of damages
assessed against it in such suits or proceedings, so far as the same are based on any
claim that the said equipment or any part thereof constitutes an infringement of any
apparatus patent of the United States issued at the date of this Agreement, provided
WesTech Engineering, LLC is given prompt notice in writing of the institution or
threatened institution of any suit or proceeding and is given full control of the
defense, settlement, or compromise of any such action; and Purchaser agrees to give
WesTech Engineering, LLC needed information, assistance, and authority to enable
WesTech Engineering, LLC so to do. In the event said equipment is held or conceded
to infringe such a patent, WesTech Engineering, LLC shall have the right at its sole
option and expense to a) modify the equipment to be noninfringing, b) obtain for
Purchaser the license to continue using said equipment, or c) accept return of the
equipment and refund to the Purchaser the purchase price thereof less a reasonable
charge for the use thereof. WesTech Engineering, LLC will reimburse Purchaser for
actual out-of-pocket expenses, exclusive of legal fees, incurred in preparing such
information and rendering such assistance at WesTech Engineering, LLC's request. The
foregoing states the entire liability of WesTech Engineering, LLC, with respect to
patent infringement; and except as otherwise agreed to in writing, WesTech
Engineering, LLC assumes no responsibility for process patent infringement.
17. SURFACE PREPARATION AND PAINTING: If furnished, shop primer paint is
intended to serve only as minimal protective finish. WesTech Engineering, LLC will not
be responsible for the condition of primed or finish painted surfaces after equipment
leaves its shops. Purchasers are invited to inspect paint in shops for proper
preparation and application prior to shipment. WesTech Engineering, LLC assumes no
responsibility for field surface preparation or touch-up of shipping damage to paint.
Painting of fasteners and other touchup to painted surfaces will be by Purchaser's
painting contractor after mechanism installation. Motors, gear motors, and other
components not manufactured by WesTech Engineering, LLC will be painted with that
manufacturer's standard paint system. It is WesTech Engineering, LLC's intention to
ship major steel components as soon as fabricated, often before drive, motors, and
other manufactured components. Unless Purchaser can ensure that shop primed
steel shall be field painted within thirty (30) days after arrival at the job site, WesTech
Engineering, LLC encourages the Purchaser to order these components without
primer. WesTech Engineering, LLC's prices are based on paints and surface
preparations as outlined in the main body of this proposal. In the event that an
alternate paint system is selected, WesTech Engineering, LLC requests that
Purchaser's order advise of the paint selection. WesTech Engineering, LLC will then
either adjust the price as may be necessary to comply or ship the material unpainted
if compliance is not possible due to application problems or environmental controls.
18. CANCELLATION, SUSPENSION, OR DELAY: After acceptance by WesTech
Engineering, LLC, this proposal, or Purchaser's order based on this proposal, shall be a
firm agreement and is not subject to cancellation, suspension, or delay except upon
payment by Purchaser of appropriate charges which shall include all costs incurred by
WesTech Engineering, LLC to date of cancellation, suspension, or delay plus a
reasonable profit. Additionally, all charges related to storage and/or resumption of
work, at WesTech Engineering, LLC's plant or elsewhere, shall be for Purchaser's sole
account; and all risks incidental to storage shall be assumed by Purchaser.
19. FORCE MAJEURE: Neither party hereto shall be liable to the other for default or
delay in delivery caused by extreme weather or other act of God, strike or other labor
shortage or disturbance, fire, accident, war or civil disturbance, act of government,
pandemic, delay of carriers, failure of normal sources of supply, complete or partial
shutdown of plant by reason of inability to attain sufficient raw materials or power,
and/or other similar contingency beyond the reasonable control of the respective
parties. The time for delivery specified herein shall be extended during the
continuance of such conditions, or any other cause beyond such party's reasonable
control. Escalation resulting from a Force Majeure event shall be equitably adjusted
per the escalation policy stated above.
20. RETURN OF PRODUCTS: No products may be returned to WesTech Engineering,
LLC without WesTech Engineering, LLC's prior written permission. Said permission
may be withheld by WesTech Engineering, LLC at its sole discretion.
21. BACKCHARGES: WesTech Engineering, LLC will not approve or accept backcharges
for labor, materials, or other costs incurred by Purchaser or others in modification,
adjustment, service, or repair of WesTech Engineering, LLC furnished materials unless
such back charge has been authorized in advance in writing by a WesTech
Engineering, LLC purchase order, or work requisition signed by WesTech Engineering,
LLC.
22. INDEMNIFICATION: Purchaser agrees to indemnify WesTech Engineering, LLC
from all costs incurred, including but not limited to court costs and reasonable
attorney fees, from enforcing any provisions of this contract, including but not limited
to breach of contract or costs incurred in collecting monies owed on this contract.
23. ENTIRE AGREEMENT: This proposal expresses the entire agreement between the
parties hereto superseding any prior understandings, and is not subject to
modification except by a writing signed by an authorized officer of each party. 24.
MOTORS AND MOTOR DRIVES: In order to avoid shipment delays of WesTech
Engineering, LLC equipment, motors and drives may be sent directly to the job site for
installation by the equipment installer. Minor fit -up may be required. 25. EXTENDED
STORAGE: Extended storage instructions will be part of information provided to
shipment. If equipment installation and start-up is delayed more than 30 days, the
provisions of the storage instructions must be followed to keep WARRANTY in force.
26. LIABILITY: Professional liability insurance, including but not limited to, errors and
omissions insurance, is not included. In any event, liability for errors and omissions
shall be limited to the lesser of $100,000 USD or the value of the particular piece of
equipment (not the value of the entire order) supplied by WesTech Engineering, LLC
against which a claim is sought. 27. ARBITRATION NEGOTIATION: Any controversy or
claim arising out of or relating to the performance of any contract resulting from this
proposal or contract issued, or the breach thereof, shall be settled by arbitration in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s)
may be entered to any court having jurisdiction.
ACCEPTED BY PURCHASER
Customer Name:
Customer Address:
Contact Name:
Contact Phone:
Contact Email:
Signature:
Printed Name:
Title:
Date:
Page 1 of 3
WESTECH SERVICE QUOTATION
IQuotation No.
SALT LAKE CITY, oUTAH 84165-0068 I Phone:X 65068 Fax: 8010-265 10800 I QUO-04145-T3M7P0
Thank you for the opportunity to quote you with your equipment needs.
Please review the following and contact us toplace an order or ask any questions.
Date:
10/11/2024 Oppty #:
2490976
Ship Via: No Freight
RFQ No.:
MasterJob No.:
3629E (146664)
Freight: No Freight
Quoted By:
David MORTENSEN Prime Name:
Village Creek WRF
Lead Time: Schedule 2-4 weeks
ahead
Phone:
+1(801) 290-1877 Equipment:
Conventional Clarifier
Quote Valid: Thru 30 September 2025
Email:
DMORTENSEN@westech- Payment Terms:
NET30
inc.com
Bill To:
City of Fort Worth
Ship To:
Village Creek WWTP
Daniel Salgado
4500 Wilma Ln
Water & Sewer Administration
Arlington, TX 76012
200 Texas Street
US
Fort Worth, TX 76102
US
Tel/Cell:
Tel/Cell:
Email:
Daniel.Salgado@fortworthtexas.gov
Email:
Daniel.Salgado@fortworthtexas.gov
Item Line I
Item No. Part/Dwg Number I
Description
Qty I Units I Unit Price
Net Price
A
Factory Inspection
of DV8050-C60 Cage Drive Unit
1 EA $14,950.00
$14,950.00
(includes freight)
B
----- ----- Field Service Travel Time & Expenses -1 person, 1 way 1 EA $2,859.00
$2,859.00
C
----- ----- Field Service Daily Onsite Rate - 1 person
1 EA $2,250.00
$2,250.00
No sales, GST, PST, use, or other taxes have been included in our pricing. No
Quoted in US Dollars Grand Total $20,059.00
discounts accepted.
Please see the attached General Terms and Conditions and Warranty Information.
Minimum Order amount is US $100.
All information provided with and including this proposal is considered proprietary and is not for distribution without express written
consent of WesTech Engineering LLC.
WesTech prefers that payments under $3,000 are processed by Credit Card. Any orders over $10,000 can not be accepted by Credit
Card and will be invoiced at terms. This is to include freight and taxes. A processing fee of up to 4 percent on Credit Cards may be
added where allowed by law.
This Quotation is subject to all specifications above as well as all attachments included with this document.
Thank you again for your quote request!
Best Regards,
David MORTENSEN
Page 2 of 3
General Terms of Sales
Quotation No: QUO-04145-T31VI7130
Terms and Conditions appearing in any order based on this proposal which are
inconsistent herewith shall not be binding on WesTech Engineering, LLC. The sale and
purchase of equipment described herein shall be governed exclusively by the
foregoing proposal and the following provisions:
1. SPECIFICATIONS: WesTech Engineering, LLC is furnishing its standard equipment as
outlined in the proposal and as will be covered by final approved drawings. The
equipment may not be in strict compliance with the Engineer's/Owner's plans,
specifications, or addenda as there may be deviations. The equipment will, however,
meet the general intention of the mechanical specifications of these documents.
2. ITEMS INCLUDED: This proposal includes only the equipment specified herein and
does not include erection, installation, accessories, nor associated materials such as
controls, piping, etc., unless specifically listed.
3. PARTIES TO CONTRACT: WesTech Engineering, LLC is not a partyto or bound by the
terms of any contract between WesTech Engineering, LLC's customer and any other
party. WesTech Engineering, LLC's undertakings are limited to those defined in the
contract between WesTech Engineering, LLC and its direct customers.
4. PRICE AND DELIVERY: All selling prices quoted are subject to change without notice
after 30 days from the date of this proposal unless specified otherwise. Unless
otherwise stated, all prices are F.O.B. WesTech Engineering, LLC or its supplier's
shipping points. All claims for damage, delay or shortage arising from such equipment
shall be made by Purchaser directly against the carrier. When shipments are quoted
F.O.B. job site or other designation, Purchaser shall inspect the equipment shipped,
notifying WesTech Engineering, LLC of any damage or shortage within forty-eight
hours of receipt, and failure to so notify WesTech Engineering, LLC shall constitute
acceptance by Purchaser, relieving WesTech Engineering, LLC of any liability for
shipping damages or shortages.
5. PAYMENTS: All invoices are net 30 days. Delinquencies are subject to a 1.5 percent
service charge per month or the maximum permitted by law, whichever is less on all
past due accounts. Pro rata payments are due as shipments are made. If shipments
are delayed by the Purchaser, invoices shall be sent on the date when WesTech
Engineering, LLC is prepared to make shipment and payment shall become due under
standard invoicing terms. If the work to be performed hereunder is delayed by the
Purchaser, payments shall be based on the purchase price and percentage of
completion. Products held for the Purchaser shall be at the risk and expense of the
Purchaser. Unless specifically stated otherwise, prices quoted are for equipment only.
These terms are independent of and not contingent upon the time and manner in
which the Purchaser receives payment from the owner.
6. PAYMENT TERMS: Credit is subject to acceptance by WesTech Engineering, LLC's
Credit Department. If the financial condition of the Purchaser at any time is such as to
give WesTech Engineering, LLC, in its judgment, doubt concerning the Purchaser's
ability to pay, WesTech Engineering, LLC may require full or partial payment in
advance or may suspend any further deliveries or continuance of the work to be
performed by the WesTech Engineering, LLC until such payment has been received.
7. ESCALATION: If between the proposal date and actual procurement and through
no fault of the Seller, the relevant cost of labor, material, freight, tariffs, and other
Seller costs combined relating to the contract, increase by greater than 2.5% of the
overall contract price, then the contract price shall be subject to escalation and
increased. Such increase shall be verified by documentation and the amount of
contract price escalation shall be calculated as either the actual increased cost to the
Seller or, if agreed by the Parties, the equivalent increase of a relevant industry
recognized third -party index, and in both cases without any additional profit or
margin being added.
B. APPROVAL: If approval of equipment submittals by Purchaser or others is required,
a condition precedent to WesTech Engineering, LLC supplying any equipment shall be
such complete approval.
9. INSTALLATION SUPERVISION: Prices quoted for equipment do not include
installation supervision. WesTech Engineering, LLC recommends and will, upon
request, make available, at WesTech Engineering, LLC's then current rate, an
experienced installation supervisor to act as the Purchaser's employee and agent to
supervise installation of the equipment. Purchaser shall at its sole expense furnish all
necessary labor equipment, and materials needed for installation.
Responsibility for proper operation of equipment, if not installed by WesTech
Engineering, LLC or installed in accordance with WesTech Engineering, LLC's
instructions, and inspected and accepted in writing by WesTech Engineering, LLC,
rests entirely with Purchaser; and any work performed by WesTech Engineering, LLC
personnel in making adjustment or changes must be paid for at WesTech Engineering,
LLC's then current per diem rates plus living and traveling expenses.
WesTech Engineering, LLC will supply the safety devices described in this proposal or
shown in WesTech Engineering, LLC's drawings furnished as part of this order but
excepting these, WesTech Engineering, LLC shall not be required to supply or install
any safety devices whether required by law or otherwise. The Purchaser hereby
agrees to indemnify and hold harmless WesTech Engineering, LLC from any claims or
losses arising due to alleged or actual insufficiency or inadequacy of the safety
devices offered or supplied hereunder, whether specified by WesTech Engineering,
LLC or Purchaser, and from any damage resulting from the use of the equipment
supplied hereunder.
10. ACCEPTANCE OF PRODUCTS: Products will be deemed accepted without any
claim by Purchaser unless written notice of non -acceptance is received by WesTech
Engineering, LLC within 30 days of delivery if shipped F.O.B. point of shipment, or 48
hours of delivery if shipped F.O.B. point of destination. Such written notice shall not
be considered received by WesTech Engineering, LLC unless it is accompanied by all
freight bills for said shipment, with Purchaser's notations as to damages, shortages
and conditions of equipment, containers, and seals. Non -accepted products are
subject to the return policy stated below.
11. TAXES: Any federal, state, or local sales, use or other taxes applicable to this
transaction, unless specifically included in the price, shall be for Purchaser's account.
12. TITLE: The equipment specified herein, and any replacements or substitutes
therefore shall, regardless of the manner in which affixed to or used in connection
with realty, remain the sole and personal property of WesTech Engineering, LLC until
the full purchase price has been paid. Purchaser agrees to do all things necessary to
protect and maintain WesTech Engineering, LLC's title and interest in and to such
equipment; and upon Purchaser's default, WesTech Engineering, LLC may retain as
liquidated damages any and all partial payments made and shall be free to enter the
premises where such equipment is located and remove the same as its property
without prejudice to any further claims on account of damages or loss which WesTech
Engineering, LLC may suffer from any cause.
13. INSURANCE: From date of shipment until the invoice is paid in full, Purchaser
agrees to provide and maintain at its expense, but for WesTech Engineering, LLC's
benefit, adequate insurance including, but not limited to, builders risk insurance on
the equipment against any loss of any nature whatsoever.
14. SHIPMENTS: Any shipment of delivery dates recited represent WesTech
Engineering, LLC's best estimate but no liability, direct or indirect, is assumed by
WesTech Engineering, LLC for failure to ship or deliver on such dates.
WesTech Engineering, LLC shall have the right to make partial shipments; and invoices
covering the same shall be due and payable by Purchaser in accordance with the
payment terms thereof. If Purchaser defaults in any payment when due hereunder,
WesTech Engineering, LLC may, without incurring any liability therefore to Purchaser
or Purchaser's customers, declare all payments immediately due and payable with
maximum legal interest thereon from due date of said payment, and at its option,
stop all further work and shipments until all past due payments have been made,
and/or require that any further deliveries be paid for prior to shipment. If Purchaser
requests postponements of shipments, the purchase price shall be due and payable
upon notice from WesTech Engineering, LLC that the equipment is ready for
shipment; and thereafter any storage or other charge WesTech Engineering, LLC
incurs on account ofthe equipment shall be for the Purchaser's account.
If delivery is specified at a point other than WesTech Engineering, LLC or its supplier's
shipping points, and delivery is postponed or prevented by strike, accident, embargo,
or other cause beyond WesTech Engineering, LLC's reasonable control and occurring
at a location other than WesTech Engineering, LLC or its supplier's shipping points,
WesTech Engineering, LLC assumes no liability in delivery delay. If Purchaser refuses
such delivery, WesTech Engineering, LLC may store the equipment at Purchaser's
expense. For all purposes of this agreement such tender of delivery or storage shall
constitute delivery.
15. WARRANTY: WesTech Engineering, LLC warrants equipment it supplies only in
accordance with the attached WesTech Warranty. This warranty is expressly given by
WesTech and accepted by purchaser in lieu of all other warranties whether written,
oral, express, implied, statutory or otherwise, including without limitation, warranties
of merchantability and fitness for particular purpose. WesTech neither accepts nor
authorizes any other person to assume for it any other liability with respect to its
equipment. WesTech shall not be liable for normal wear and tear, corrosion, or any
contingent, incidental, or consequential damage or expense due to partial or
Page 3 of 3
General Terms of Sales
Quotation No: QUO-04145-T31VI7130
complete inoperability of its equipment for any reason whatsoever. The purchaser's
exclusive and only remedy for breach of this warranty shall be the repair and or
replacement of the defective part or parts within a reasonable time of WesTech's
accepting the validity of a warranty claim made by the purchaser.
16. PATENTS: WesTech Engineering, LLC agrees that it will, at its own expense, defend
all suits or proceedings instituted against Purchaser and pay any award of damages
assessed against it in such suits or proceedings, so far as the same are based on any
claim that the said equipment or any part thereof constitutes an infringement of any
apparatus patent of the United States issued at the date of this Agreement, provided
WesTech Engineering, LLC is given prompt notice in writing of the institution or
threatened institution of any suit or proceeding and is given full control of the
defense, settlement, or compromise of any such action; and Purchaser agrees to give
WesTech Engineering, LLC needed information, assistance, and authority to enable
WesTech Engineering, LLC so to do. In the event said equipment is held or conceded
to infringe such a patent, WesTech Engineering, LLC shall have the right at its sole
option and expense to a) modify the equipment to be noninfringing, b) obtain for
Purchaser the license to continue using said equipment, or c) accept return of the
equipment and refund to the Purchaser the purchase price thereof less a reasonable
charge for the use thereof. WesTech Engineering, LLC will reimburse Purchaser for
actual out-of-pocket expenses, exclusive of legal fees, incurred in preparing such
information and rendering such assistance at WesTech Engineering, LLC's request. The
foregoing states the entire liability of WesTech Engineering, LLC, with respect to
patent infringement; and except as otherwise agreed to in writing, WesTech
Engineering, LLC assumes no responsibility for process patent infringement.
17. SURFACE PREPARATION AND PAINTING: If furnished, shop primer paint is
intended to serve only as minimal protective finish. WesTech Engineering, LLC will not
be responsible for the condition of primed or finish painted surfaces after equipment
leaves its shops. Purchasers are invited to inspect paint in shops for proper
preparation and application prior to shipment. WesTech Engineering, LLC assumes no
responsibility for field surface preparation or touch-up of shipping damage to paint.
Painting of fasteners and other touchup to painted surfaces will be by Purchaser's
painting contractor after mechanism installation. Motors, gear motors, and other
components not manufactured by WesTech Engineering, LLC will be painted with that
manufacturer's standard paint system. It is WesTech Engineering, LLC's intention to
ship major steel components as soon as fabricated, often before drive, motors, and
other manufactured components. Unless Purchaser can ensure that shop primed
steel shall be field painted within thirty (30) days after arrival at the job site, WesTech
Engineering, LLC encourages the Purchaser to order these components without
primer. WesTech Engineering, LLC's prices are based on paints and surface
preparations as outlined in the main body of this proposal. In the event that an
alternate paint system is selected, WesTech Engineering, LLC requests that
Purchaser's order advise of the paint selection. WesTech Engineering, LLC will then
either adjust the price as may be necessary to comply or ship the material unpainted
if compliance is not possible due to application problems or environmental controls.
18. CANCELLATION, SUSPENSION, OR DELAY: After acceptance by WesTech
Engineering, LLC, this proposal, or Purchaser's order based on this proposal, shall be a
firm agreement and is not subject to cancellation, suspension, or delay except upon
payment by Purchaser of appropriate charges which shall include all costs incurred by
WesTech Engineering, LLC to date of cancellation, suspension, or delay plus a
reasonable profit. Additionally, all charges related to storage and/or resumption of
work, at WesTech Engineering, LLC's plant or elsewhere, shall be for Purchaser's sole
account; and all risks incidental to storage shall be assumed by Purchaser.
19. FORCE MAJEURE: Neither party hereto shall be liable to the other for default or
delay in delivery caused by extreme weather or other act of God, strike or other labor
shortage or disturbance, fire, accident, war or civil disturbance, act of government,
pandemic, delay of carriers, failure of normal sources of supply, complete or partial
shutdown of plant by reason of inability to attain sufficient raw materials or power,
and/or other similar contingency beyond the reasonable control of the respective
parties. The time for delivery specified herein shall be extended during the
continuance of such conditions, or any other cause beyond such party's reasonable
control. Escalation resulting from a Force Majeure event shall be equitably adjusted
per the escalation policy stated above.
20. RETURN OF PRODUCTS: No products may be returned to WesTech Engineering,
LLC without WesTech Engineering, LLC's prior written permission. Said permission
may be withheld by WesTech Engineering, LLC at its sole discretion.
21. BACKCHARGES: WesTech Engineering, LLC will not approve or accept backcharges
for labor, materials, or other costs incurred by Purchaser or others in modification,
adjustment, service, or repair of WesTech Engineering, LLC furnished materials unless
such back charge has been authorized in advance in writing by a WesTech
Engineering, LLC purchase order, or work requisition signed by WesTech Engineering,
LLC.
22. INDEMNIFICATION: Purchaser agrees to indemnify WesTech Engineering, LLC
from all costs incurred, including but not limited to court costs and reasonable
attorney fees, from enforcing any provisions of this contract, including but not limited
to breach of contract or costs incurred in collecting monies owed on this contract.
23. ENTIRE AGREEMENT: This proposal expresses the entire agreement between the
parties hereto superseding any prior understandings, and is not subject to
modification except by a writing signed by an authorized officer of each party. 24.
MOTORS AND MOTOR DRIVES: In order to avoid shipment delays of WesTech
Engineering, LLC equipment, motors and drives may be sent directly to the job site for
installation by the equipment installer. Minor fit -up may be required. 25. EXTENDED
STORAGE: Extended storage instructions will be part of information provided to
shipment. If equipment installation and start-up is delayed more than 30 days, the
provisions of the storage instructions must be followed to keep WARRANTY in force.
26. LIABILITY: Professional liability insurance, including but not limited to, errors and
omissions insurance, is not included. In any event, liability for errors and omissions
shall be limited to the lesser of $100,000 USD or the value of the particular piece of
equipment (not the value of the entire order) supplied by WesTech Engineering, LLC
against which a claim is sought. 27. ARBITRATION NEGOTIATION: Any controversy or
claim arising out of or relating to the performance of any contract resulting from this
proposal or contract issued, or the breach thereof, shall be settled by arbitration in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s)
may be entered to any court having jurisdiction.
ACCEPTED BY PURCHASER
Customer Name:
Customer Address:
Contact Name:
Contact Phone:
Contact Email:
Signature:
Printed Name:
Title:
Date:
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 2/25/2025 REFERENCE NO.: **M&C 25-
0164
LOG NAME:
CODE: P TYPE: CONSENT PUBLIC
HEARING:
60CLARIFIER PARTS -
WESTECH
NO
SUBJECT: (ALL) Authorize Execution of an Agreement with WesTech Engineering, LLC, the Sole
Source Provider for WesTech Clarifier Drive Units, Parts and Repair Services for the
Water Department in an Annual Amount Up to $800,000.00 for the First Year and Authorize
Four One -Year Renewal Options for the Same Amount
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with WesTech
Engineering, LLC, the sole source provider for WesTech clarifier drive units, parts and repair
services for the Water Department in an annual amount up to $800,000.00 for the first year and
authorize four one-year renewal options for the same amount.
DISCUSSION:
The Water Department (Department) will use this agreement to purchase, service, repair and replace
Original Equipment Manufacturer (OEM) parts and components on the WesTech clarifier drive units as
needed. Non -OEM parts are not compatible with the drive units that are currently in operation at the
Village Creek Water Reclamation Facility.
The WesTech drive units located at Village Creek Water Reclamation Facility are designed and
manufactured only by WesTech Engineering, LLC. No other manufacturer or parts distributor can
supply this equipment or its proprietary components.
DVIN-BE: This project was approved for a waiver per the Chapter 252 exemption, as a sole source by
the Legal Department. Therefore, the business equity goal requirement is not applicable.
AGREEMENT: This will be an agreement for one year with the option to renew four additional years.
RENEWAL OPTIONS: The agreement may be renewed for four (4) additional one-year periods. 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.
Funding is budgeted in the Other Contractual Services account within the Water & Sewer Fund for the
Water Department.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously
appropriated, in the Water & Sewer Fund to support the approval of the above recommendation and
execution of the agreement. Prior to any expenditure being incurred, the Water Department has the
responsibility to validate the availability of funds.
TO
7
Fund Department
Account Project
Program Activity Budget
Reference # Amount
ID
ID
Year
(Chartfield 2)
FROM
Fund
Department
Account
Project
Program Activity Budget
Reference # Amount
ID
ID
Year
(Chartfield 2)
Submitted for Citv Manager's Office by :
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
William Johnson (5806)
Chris Harder (5020)
Chris Harder (5020)
60CLARIFIER PARTS - WESTECH funds avail.docx (CFW Internal)
Approved Updated Chapter 252 Exemption Form - Westech.Ddf (Public)
ADDroved Waiver (SS Clarifier Parts & Services).Ddf (CFW Internal)
FID TABLE - Westech.xlsx (CFW Internal)
TX Form 1295 Certificate 11ADr2024.Ddf (CFW Internal)