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HomeMy WebLinkAbout064616 - General - Contract - Vortex Colorado, LLCCity Secretary Contract No. 64616 ��� ����� 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 Vortex Colorado, LLC ("Vendor"), a Texas corparation, each individually referred to as a"party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A— Scope of Services; 3. Exhibit B— Price Schedule; and 4. Exhibit C— Bidders Form. Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. Airport Hangar poor Repairs Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below ("Effective Date") and shall expire one year after (`Bxpiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). 3. Compensation. City shall pay Vendor an amount not to exceed one hundred thousand dollars and zero cents ($100,000.00) in accordance with the provisions of this Agreement and Exhibit "B," Payment Schedule, which is attached hereto and incorporated herein for all purposes. Vendor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all invoices of Vendor within thirty (30) days of receipt of such invoice. 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. OFFICIAL RECORD CITY SECRETARY Vendor Services Agreement FT. WORTH, TX page 1 of 19 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 shall 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 Obli�ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor sha11 conrinue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall 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 shall return all City provided data to City in a machine-readable format or other format deemed acceptable to City. 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 shall treat all information provided to it by City ("City Information") as con�dential and shall 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 subj ect to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller 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. 5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City shall, 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 relaring to this Agreement at no additional cost to City. Vendor agrees that City shall have access during Vendor Services Agreement Page 2 of 19 normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor shall 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 shall 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 sub-Vendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and sub-Vendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees or sub Vendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or sub-Vendor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or sub-Vendor. Liabilitv and Indemnification. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCL UDING 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 OR EMPLOYEES. 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 PROPERTY DAMAGE OR LOSS 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 OR EMPLOYEES. 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 shall 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 shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and aII 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 Vendor Services Agreement Page 3 of 19 for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall 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 shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software andlor documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally 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. Assi�nment and Subcontractin�. 9.1 Assi�nment. Vendor shall 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 shall 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 and Assignee shall be jointly 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, sub Vendor sha11 execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor shall 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 work pursuant to this Agreement: 10.1 Covera�e 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 Vendor Services Agreement Page 4 of 19 Coverage shall be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" sha11 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 work is being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit {� ��a€ess�e�ulliub�li` ::: ::: - - �,... : ::.. : :'�: ..�� .��. , y �c pro ' ✓.,�.»>�a`,� �a� :is��li:�{E��,) �i✓;, :,r a ���r�t:, �,v�,�- �eei�e-�e . � � t�h;,1 .�,�ui�,���a�t�. Ee�e�g��hall b� r�a:�rs� �;, ,.�.��,;;,� for ll,� aurA:: ,.�*�.,. „ r...,,,.�.,,., �s�.�x.�.�t i»S xr.ti��:,��,» :i. . a�i�al �t'���.� ��:~�.,--�~�� »all L� ��x :,v'� 10.2 General Reauirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall 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 shall be provided to City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall 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. Vendor Services Agreement Page 5 of 19 (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. ( fl Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Comnliance with Laws, Ordinances, Rules and Re�ulations. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement wi11 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 shall immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as part of the consideration herein, agrees that in the perfarmance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS 1N 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 shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, seroants or representatives, (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 for Aviation 100 Fort Worth Trail Fort Worth, TX 76102 �C�f%�1►1 Z�]� Vortex Colorado, LLC Attn: Shelley Dunlap 2725 Basswood Blvd #221 Fort Worth, TX 76131 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Emplovees. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who 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. Vendor Services Agreement Page 6 of 19 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 shall 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. Governin� Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severabilitv. If any provision of this Agreement is held to be invalid, illegal ar unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. Force Maieure. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set farth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. Headin�s not Controllin�. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have 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 shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement sha11 be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Entiretv of A�reement. This Agreement, including Exhibits A, B and C, 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. 24. Counteruarts. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. Warrantv 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 shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. Vendor Services Agreement Page 7 of 19 26. Immigration Nationalitv Act. Vendor shall verify the identity and employment eligibility of its employees who perform wark under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, sha11 have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. Ownershiu of Work Product. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Wark Product shall be considered a"wark-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Wark 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. 28. Signature Authoritv. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. Chan�e in Comnanv Name or Ownership. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The 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. 30. 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 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" sha11 have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, 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 Vendor Services Agreement Page S of 19 the term of the contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. (signature page follows) Vendor Services Agreement Page 9 of 19 ACCEPTED AND AGREED: CITY OF FORT WORTH: B�7; Valeri�n�on (Jan 23, 2026 1254:55 CST) Name: Valerie Washington Title: Assistant City Manager Date: O1/23/2026 APPROVAL RECOMMENDED: By: —��� Name: Roger Venables Title: Aviation Director ATTEST: ooFaFORT9Il� ovoo ryaa �' � °y°ao c�e ao /� ..bk7s_�ax�. °� a�a p �'i aIIQn nez os44 By: Name: Jannette Goodall Title: City Secretary VENDOR: Vortex Colorado, LLC �_ � By: � _� ���-� Name: Lauren �uirk Title: Contracts Administrator Date: 0��2��2o2s 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. B : K� ��� Y Name: Katya Flores Title: Sr. Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: ������,o_ �i����, By. CarcacePagllaralJan23,2026:2�8:16C5J�jl- Name: Candace Pagliara Title: Assistant City Attorney CONTRACT AUTHORIZATION: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 10 of 19 City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES FORTWORTH� CITY OF FORT WORTH - PURCHASING DIVISION �r SPECIFICATIONS RFQt Ref. #: 26-0040 Doc. Ref#: RFQt-03 Page 1 of 7 RFQt Title: Critical Repairs to Airport Hangar poors lA INTRODUCTION The City of Fort Worth (City) is requesting quotes from qualified bidders for a one-time purchase of immediate critical repairs to airport hangar bi-fold doors at Spinks Airport for the Aviation Department. This is asi informal solicitation and does not commit the City to award a contract or pay an_y cost incurred in preparing a response. This project is for one-time purchases for critical repairs, ongoing maintenance to be addressed with separate procurement. 2.0 SCOPE OF WORK Immediate repairs needed to airport hangar doors to restore access to tenants for use. Schweiss bi-fold cable lift doors and bi-fold strap lift door, installed approximately in 2007, current repairs needed are replacemeirt cables and potentially motors. Approximately 6 hangar doors need immediate repairs of varying degree. 3.0 REPAIR REQUIREMENTS 3.1. Installation of parts and repairs by a hangar door technician with a minimum of two (2) years of experieilce ii1 an airport setting is required. 32. Ability to perfonn specialized repairs on Schweiss bifold hangars door for aircraft. Repairs require custom parts and equipment such as (but not limited to): 32.1. Hightensionsprings. 322. Heavy duty steel cable able to withstand 3000 pounds (lbs.) ormore of pressure. 32.3. Specialized single phase and 3 phase electric motors. 32.4. Custom hinges and attachmeirts are only a�ailable from the manufacturer. 3.3.The Vendor must be able to purchase replacement parts from Schweiss doors or other companies. 3.3.1. Supply Schweiss brand parts or Original Equipment Mauufacturer (OEM) certified parts. Page 1 of 7 Vendor Services Agreement — Exhibit A Page 11 of 19 FORTWORTH�. CITY OF FORT WORTH - PURCHASING DIVISION �� SPECIFICATIONS RFQt Ref. #: 26-0040 Doc. Ref#: RFQt-03 Page 2 of 7 RFQt Title: Critical Repairs to Airport Hangar poors 3.4. All repairs must be guaranteed for ninet�� (90) days or more, with parts guaranteed for at least one year post-installation. 4.0 PERFORMANCE REQUIREMENTS 4.l.Operational Reliability 4.1.1. All hangar doors open and close smoothly witllout hydraulic leaks, binding, or uneven operation. 4.12. All safety interlocks, limit switches, and emergency stops function as designed. 4.1.3. Systems meet manufacturer-recommended specifications for speed, balance, and cycle performance. 42. Hydraulic System Performance 42.1. No visible leaks, fluid contamination, or pressure loss after repair. 422. Hydraulic systems maintain manufacturer-rated pressure and flow within f5%tolerance. 42.3. System operates without abnornial noise or vibration. 4.3.Electrical & Control System Performance 4.3.1. Door operators and control circuits function per original design intent. 4.32. All electrical connections are secured, labeled, and tested for continuity. 4.3.3. Replacement control panels or components must be UL-listed and compatible with existing systems. 5.0 SUPPLIER RESPONSIBILITIES 5.1. City provides no eqLiipment, the Vendor must bring all tools, equipment, parts, and other necessary materials for repairs. Access to electrical outlets can be provided if necessary. 5 2. Detailed work arders must be provided per repair with parts descriptions and quantities. 5 21. Work orders must accompany invoices in order for invoices to be paid. Individual work orders for each door are required for maintenance records. Page 2 of 7 Vendor Services Agreement — Exhibit A Page 12 of 19 FORTWORTH,,, CITY OF FORT WORTH - PURCHASING DIVISION —�� SPECIFICATIONS RFQt Ref. #: 26-0040 Doc. Ref#: RFQt-03 Page 3 of 7 RFQt Title: Critical Repairs to Airport Hangar poors 522. Work orders must include dates of service, the techuiciau completing service, ��hat diagnostics were used to determine repair need, and ��hat repairs were perfornied/parts were replaced. 52.3. Work order and invoice to be emailed to aviationinvoicesn,foriworthtexas.�ov in addition to supplierinvoices(c� fortworthtexas.�ov 5.3. Prior to leaving the site, the vendor technician will walk through the work completed with the designated airport personnel. 5.4. The Vendor must comply with all Occlipational Safety and Health Administration (OSHA) requirements while on-site. 5.5. All personnel associated with the Vendor are required to beha�e respectfully and professionally while on-site. 5.6. The Vendor must provide a direct point of contact for communication with the City and shall not rely solely on third-party platforms for service requests or updates. 6.0 DELIVERY REQUIREMENTS 6.1. Services will be required at: 6.1.1. Spinks Airport, 450 Alsbury Ct. Burleson TX 76028 62. Required response time: 62.1. The Vendor must respond to service requests withiii oiie (1) business day. 622. On-site repair evaluation or consultation must occur within three (3) biisiness days ofthe response. 62.3. The repair date shall be scheduled once the necessary parts have amved. 6.3. Service Hours 6.3.1. Normal service hours are Monday through Friday, 8:00 AM to 4:00 PM. 6.3 2. In urgent sit�iations, after-hours, weekends, or holiday work may be performed upon request by� authorized Airport personnel and agreement Page 3 of 7 Vendor Services Agreement — Exhibit A Page 13 of 19 City Secretary Contract No. FORTWORTH,. CITY OF FORT WORTH - PURCHASING DIVISION �� SPECIFICATIONS RFQt Ref. #: 26-0040 Doc. Ref#: RFQt-03 Page 4 of 7 RFQt Title: Critical Repairs to Airport Hangar poors with the Vendor. 6.4. City observed holidays are: 6.4.1. New Year's Day 6.42. Martin Ltrther King Jr. Day 6.4.3. Memorial Day 6.4.4. Juneteenth 6.4.5. July 4th 6.4.6. Labor Day 6.4.7. Thanksgiving Thursday and the following Friday 6.4.8. Christmas Day 7.0 AGREEMENT TERM This agreement is for a one-time purchase and shall remain in effect until all goods and/or services have been delivered, inspected, accepted, and final payment has been made, unless othenvise tenninated in accordance with the terms of this agreement. 8.0 METHOD OF AWARD 8.1 Quotes will be evaluated based on the lowest responsive and responsible bidder complying with a11 of the provisions of the solicitation, provided the bid price is reasonable, and it is in the best interest of the Ciry to accept it. 8.11 A responsive bidder is defined to be one who submits a completed quote packet within the stated time deadline and in accordance with the specification. 8.12 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria hislher ability to successfully deliver the supplies, equipment, or services being procured. 82 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the nght to make multiple awards. Page 4 of 7 Vendor Services Agreement — Exhibit C Page 14 of 19 FORTWORTH,. CITY OF FORT WORTH - PURCHASING DIVISION �� SPECIFICATIONS RFQt Ref. #: 26-0040 Doc. Ref#: RFQt-03 Page 5 of 7 RFQt Title: Critical Repairs to Airport Hangar poors 8.3 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The Ciry also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 8.4 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 9.0 PRICE ADJUSTMENTS 9.1 Vendors that require tliat unit prices be adjusted for increases or decreases in Vendor's cost during the contract period shall use the procedure listed below. Price adjiistments may oiily be requested on an annual basis in conjunction with the contract's renewal. 91.1 The Vendor must submit its price adjustment request, in writing, at least 90 days before the requested effective period. The Vendor shall provide written proof of cost increases with the price adjustment request and updated pricing per line item. 9.12 If the City concludes that the rate increase being requested is unacceptable, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow tlie contract to expire at the end of the contract ternl. If the Cit�� elects not to exercise the renewal option, the Purchasing Division reserves the right to issue a new solicitation or procure the goods or services by anv other allowable means. 9.13 Prices sha11 remain firm for the term ofthe Agreement and shall inchide all associated freight and delivery costs, unless otherwise specifically stated in writing aiid agreed to by City. 9.1.4 Upon expiration of the contract term, the successful Vendor agrees to hold over under the same terms and conditions of the contract for a reasonable period of time to allow the city to re- solicitate an agreement, not to exceed ninety (90) days. 9.1.5 The provision of goods and/or services shall not be suspended Page 5 of 7 Vendor Services Agreement — M&C Page 15 of 19 FORTWORTH,. CITY OF FORT WORTH - PURCHASING DIVISION �� SPECIFICATIONS RFQt Ref. #: 26-0040 Doc. Ref#: RFQt-03 Page 6 of 7 RFQt Title: Critical Repairs to Airport Hangar poors by the Vendor except as eYpressly allowed by the contract's terms and conditions. 10.0 QUANTITIES - The quantities listed on the bid table are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City einployee and then received as required and accepted by the City. ll.0 SMALL BUSINESS PROGRAM - This solicitation is subject to the Small Business Program, Ordinance No. 27832-08-2025 under Chapter 21 ofthe Code of the City of Fort Worth. More information on the program can be found oii the city's website at: https: Uww�v.fortworthtexas.�ov/news/2025/'7/sbdp 12.0 INVOICES AND PAYMENTS 12.1 Registration - SLiccessful Bidder(s) is reqLiired to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at: https:l/www. fortworthtexas. �ov/departmentslfinance/purchasing/register 122 Paument — All payment terms shall be "Net 30 Days" unless specified in the bid and agreed in the City. 12.3 Invoices — The Vendor sha11 send invoices electronically to the City's centralized Accounts Payable departinent invoice email address: supplierinvoices�,fort�vorthtexas.�ov Please include the following on the subject line of youur email: Supplier name, Invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234) This einail address is not inonitored so please do not send correspondence to this email. If Vendor has any invoice questions, please contact the City Department ordering the goodslservices or Central Accounts Payable at 817-392-2451 or by email at: Zz FIN AccountsPavable(c�,fortworthteYas.�ov 13.0 QUOTE SUBMISSION INSTRUCTIONS A quote may be deemed non-responsive and may be disquali�ed, at the City's Page 6 of 7 Vendor Services Agreement — M&C Page 16 of 19 FORTWORTH,. CITY OF FORT WORTH - PURCHASING DIVISION �� SPECIFICATIONS RFQt Ref. #: 26-0040 Doc. Ref#: RFQt-03 Page 7 of 7 RFQt Title: Critical Repairs to Airport Hangar poors discretion, if the bid submittal fails to comply with the following instructions. 13.1 Bidder sha11 sllbmit the following items: 13.L1 Completed RFQt-01 Fonns 13.12 Completed Bid Table 13.1.3 Small Business Enterprise Certificate, if applicable. Page 7 of 7 Vendor Services Agreement — M&C Page 17 of 19 EXHIBIT B PRICE SCHEDULE Resp�ns+e� SWGG6�8_ Al da� IB valltll r,u�,nre :, ,:� �I��`� �_ * 2�-OQ44; �Critical Repairs to,�irpor¢ war�gar aoors .,:� .,, � iva� provtaed Bid Rt-t waurly Rate, Serrice Cal I i Narmal WarA�ing Hours �R 60 � 3x�.x� � ie,�oca.oa �a:ao a� - a:ao pro r�-F; Saacc�es: A1Nv�ue� pruw�ded Bid R1_� Hourly Rate, Service Call JRfter Hours (4:q1 prrn - HR 7:99amMf) sti�es: a�va�ue� prav�aed Bid R1_.3 Maurty Rate, Seraice Gall i lJrgent tiVarkin� Hours 1� [Expedited resp�nse, S:dd am -4:40 prn M-F} EU S�-SG.OG 527,OCG.00 EU 5 �C�.DG 5 16,OCO.CB 5�:.+51 x�lue� prvv�u� �ld R�-a �6urty Rate. Serrice Call � Haliday 1"lfo-rking F��rius 1� 6o S 6�]C�.�C� ; 36,oCo.[x� �AI I day} sv�es: �vs�uee provtaed �id ;,1-5 Flourly Rate.5e�rvi�e Call � Weekerrd'Ntarking �� w 5 a5c�.ae� 52;,�aa.ra Hours (All day) Parts List Less �-} Pricing as a p�erc�ntage. Exa�mple: If yo u�re offering a disobunt uf 5'A,, Nvt 9ldmng fd4 Bltl Ri� 14�IJ x.05 = SA, Unit Gost would he 54.95, Total [7dlr Cost wnuld be $95�.0�. Leaving this 6larrk will be flaosidered a 50_00 discount. � � iC07 # iz�.00a.uo � 12�S,a}G.OQ Vendor Services Agreement — M&C Page 18 of 19 EXHIBIT C INSTRUCTIONS TO BIDDERS FORM, F�ff�T �'Y�RTHR C�.T'Y Q� FUR'� WC?RTH ��i7RC�XA.�1tNG DI`4r�SIO��V' � I T�.FQt Re�: #: ��-�140 1��c. l�ef#. RFQt-{�1 I P$ge x of 3 �'.F'Qt Title; Critical �e��irs t4 ,�i�pvrt Hata�ar ��c�rs IM a7RU�ilOAlS �O �IDQ�FtS 1 � �Ruot�;s �r� �fi€tii�d �orfaarrai�h�nc� the rt�er�lh�c�dise, su�p�fes, s�rvices and/ar equipmertt set ft►rtha ��r�r�fet��! d��oo�� mu�st 6� sub��t��l ���c�e+ca�ni�allv �r�t�r #�a th� u��o�� date �a�d tirne under ��: res�e����+r� ��lt via ��� E�nna P�r#�!� �uate� may b� writ��drawn �k �ray #��� pri�ir �a kt�e a�ica�l ��ea�ing C�y varratten ��t��r;a�ic�r�. Quot+�s rr�ay r�c+t be altered, �Pnerad�rc! �a� withd�avvn a�er t�re �ffic�a�8 aper�fng. • le'our q,ua� must be s�at►rmitied on t�e 1�i�9 ta�bl�. . Fr+�igh� �nd �ali ot�n�� deldvery ch�rges sl�a9tl �e dr�clu�ie�d in the unit proce�s) bfic�. • Th� Cityr �s exerr�pt fr[rm Fe�e�a1 Excise and �d�te S�I�s Tax, therefoa�e, tax �enust no� be induded �n t�a� qucste �rru��� I#em5 quoted rrtust meet or �x�ed Cify of Fcart INc�rth� Sp�eci�i�at�ns; �howev��, The City c�f Fort W�arFF, m�y consid�r au�d ac�ep# alterroa#� b�tis if specifiec! h�r�ein wYaen mast advantac�eo�� %�tte Ca�r. TF�� City r�e�v�s the r��Mt, howe�+er, �v B�cs�d tcs Caty 5peclfi�ai�on� �r��i to d�iereni�e "�ar �r��al" st���us. Tha Ci�y reserves �he right tm acc�p# ar �eject rn p�art car vuhale �r�y quc���a �u�rmitted, �nci flo wai+�e any t�che�ic�9ftl�s for the be�t I�t�rest csf the �ity. The und�rsignec# a�re�, if #he qua#e is $c�pted, to furnish a�y �nd a!f item� upor� which prices �re �fifered, at fhe ,��ice�s} and upon #he �r�rs ar�c� ec�rtditigns c.antained nn �h� b�d dc�cuments. The period '�r a�c�ptanee af #has prvpa�aS�O rn�ill be 8Q cal�.nda� cfays �fter apening date. Shuuld othsr gnuerrxnentai e»Mdiea da�cFde to partl�pate in tF�ta I�1 yau, tha Ver�o�nr. ag�a Ehae all terms, ct�tldilions, spaci�'ea�ticans, arld priefng wdvl� aPPFY? Yea 1✓ �7n Ctt�r of Fort V4arth Sta�dard Terens a�nd' C�Itd�Cioru� 5hall AG�7IV Comtpa�ry Nxrne & dwc�drass 'V'C��#�x C�i�,r�i�c�, �LC 2T2,5 p�sswnod B6ud �22i, �ari 6Nflrth T)4 76131 Te�Pixxee no. Si �7 1 �Se-��rJ3 Peo�eSoft �upEaYar � Etnak���'G�V C1C��#)CCI�4� F'S. CC3 Cll 77Ue 8� daie�usto�nef Servi�e Lee'der n�m� Sheli�y �v�lap - SignaNra t— � � QU{aTE E1►ALUATYOFI The quote award shalr be base�l fln, tsait nat neoessaraly limtted ha, U'ti� fallqwin+� factars: fi � lJnil Peice 2. Tertaf Qut�ta PN�te 3. Temes and 6}iecaurnts 4. ��Faery �ate 5. F�eeeu�ts o6T�sting S�amples 6 Special �ieed� and �Zeq�iram�nla of the City 7. Pask exp�rience wl'� p6o�u�il€te�vice 8. L"er►da�s pasl p�errt�nn�ce �, C6ty's ev�lu�Gart a� tP�e Vets�clofs resptsnslblNty i0. Il�murrag� ct'wasrges, frelght ec�els arMf mileage 11. Estior�ated cost vf suppYas, maintenare�e, staage 1 �_ ES#im�tsd Surplus value Vendor Services Agreement — M&C Page 19 of 19 F�RT�OI�TH�� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Vortex Colorado, LLC Subject of the Agreement: Vendor Service Agreement M&C Approved by the Council? * Yes ❑ No ✓❑ If so, the M&C must be attachecl to the cont�act. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If so, p�ovide the original contract nurnber and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsuNe, see back page fo� permanent cont�^act listing. Is this entire contract Confidentiial? *Yes ❑ No ❑✓ Ifonly specific info�mation is Confidential, please list what information is Confidential and the page it is loeated. Effective Date: Expiration Date: 1 Year If �different fi�oin the approval date. If �applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If so, please ensure it is attached to the approving M&C or attached to the contract. Proj eCt Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ✓❑ No ❑ Contracts need to be routed for CSO nrocessin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be �eturned to the department. 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