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Item 4FItem 4F CITY OF SOUTHLAKE MEMORANDUM (August 20, 2013) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Authorize purchase and installation of soft start motor control centers at pump station #2 with Brandon & Clark, Inc. in the amount of $122,640 Action Requested: Authorize purchase and installation of soft start motor control centers at pump station #2 with Brandon & Clark, Inc. in the amount of $122,640. Background Information: For the last two years, intermittent failures of the electrical components which control the startup of the pump motors at Southlake's pump station #2 have been experienced. Each of the three pumps has its own motor control center which regulates the voltage through the startup process and all three have failed on more than one occasion. In an attempt to resolve these failures, staff has sought the assistance of the motor control center equipment manufacturer, as well as several electrical engineers and experts from other agencies who are familiar with this type of equipment. After trying numerous remedies to resolve the electrical failures including the replacement of the electrical supply transformer by Tri-County Electric, all involved ultimately suggested replacing the existing reduced voltage auto -transformers with a more modern solid state transformer called a "soft start". Because the most recent failure at the beginning of the Summer resulted in physical damage to one of the three pumps at pump station #2, staff immediately moved forward with the purchase and installation of the first soft start. Once the soft start was installed and found to be operating properly, staff moved forward with the authorization of the second soft start to improve system reliability. The first installation has been operating without incident for 10 weeks and the second installation began on August 12t". The third motor control is scheduled to be replaced after October 1, 2013. These purchases are made available to Southlake through an inter - local purchasing agreement with the City of Ft. Worth. The purchase and installation of each soft start is quoted at a price not to exceed $40,880 bringing the total purchase for all three controllers to $122,640. The purchase and installation of the first two motor controllers was made under the emergency provision of City's purchasing policy as a matter of public health and safety. Staff is now recommending that the City Council ratify these emergency purchases and authorize the third motor control to be purchased once funding for the FY 2014 annual budget is approved. Financial Considerations: Funding for purchase of the first two controllers was available in the FY 2013 operating budget for the Water Maintenance Division. The third motor control will be purchased from the FY 2014 operating budget of the same division. Strategic Link: The maintenance of the city's water facilities links to the city's strategy map relative to focus area of Infrastructure. The specific corporate objective that is met by this approval is investing to provide and maintain high quality public assets. Citizen Input/ Board Review: N/A Legal Review: Yes Alternatives: The City Council may approve or deny this agreement. Supporting Documents: Project purchase order and quote City of Ft. Worth Bid Award to Brandon & Clark, Inc. Staff Recommendation: Authorize purchase and installation of soft start motor control centers at pump station #2 with Brandon & Clark, Inc. in the amount of $122,640 Staff Contact: Robert H. Price, P.E., Public Works Director Chuck Kendrick, Deputy Director of Public Works - Operations Brandon and Clark Inc. 2475 E. Long Ave Ft. Worth, Texas 76106 877-638-5593 or 817-838-5593 B17-838.8937 fax brandonclark.com To; Kyle Flanagan Phone: 817-748-8081 Company: City of Southlake Cellular: Address: 1950 E Continental, Southlake TX 76092 E-Mail: kflanagan@d.southlake.tx.us Date: April 24, 2013 Quote##: 042313MD-R2 ***** Quotation ***** Project: T.W. King Booster Station Thank you for the opportunity to quote the following items for your consideration. Item Qty Description Unit Price Ext. Price A 1 BCI Field Service Depart Labor & Materials for Following: $ 28,950.00 $ 28,950.00 • Provide Benshaw RB23S400-480-H-12-CB-OP 400HP 480V RVSS Controller 0 400 Hp / Rated 477 Fla / 480 Volt / 60 Hz / 3 Phase / Nema 12 Enclosure o Reduced Voltage Non -Reversing Solid State Starter 0 Microprocessor -Based / 120 Vac Control o Heavy Duty: 500 % For 30 Seconds / 125% Continuous o Bypass Contactor Package / Start Duty Rated • Note: Once up to speed, RVSS will be By-passed • Remove Existing Eaton RVAT Controller and set to side for spare parts • Connect control system to new RVSS Controller • New RVSS will be installed in same location as existing • Labor as required to remove existing, install new RVSS, & Commission RVSS B 1 BCI Field Service Depart Labor & Materials for Following: $ 11,930.00 $ 11,930.00 • Remove Existing wire from controller to Motor and replace with New • 900' — SOOMCM THHN Cable Note: Quotation includes permitting if required. Does not include Bond Fees, if required. VALIDITY: Pricing valid thru May 1, 2013; after which it is subject to change without notice. F.O.B.: Shipping Pt FREIGHT: Pre -Paid & Added to Invoice PROGRESS PAYMENTS: Net 30 from date of invoice DELIVERY: 4-6 weeks for materials / 3 days on site, once materials arrive Again, thank you for the opportunity, and if you have any questions of if I can be of any additional assistance, please do not hesitate to call. Respectfully submitted, Mark Davis Brandon & Clark, Inc. CC: Landon Vineyard, JD Dickerson Sales - Service • Repair • Installation Electric Motors • Transformers - Custom Controls Automation - Air Compressors Thermal Imaging - Wiring • Balancing Vibration Analysis cily OF SOUTHLAKE Purchase Order Fiscal Year 2013 Page 1 of 2 Revisions 001 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. B CITY OF SOUTHLAKE Expiration Date 09/30/2013 # Purchase 21301043-001 L FINANCE DEPARTMENT 1400 MAIN STREET, SUITE 440 Delivery must be made within O SOUTHLAKE, TX 76092 doors of specified destination. E BRANDON & CLARK INC H PUBLIC WORKS OPERATIONS YARD N 2475 E LONG AVE I CITY OF SOUTHLAKE D FORT WORTH, TX 76106 P 1950 E CONTINENTAL BLVD O T SOUTHLAKE, TX 76092 R p Vendor Phone Number 817-838-5593 Vendor Fax Number 817-838-8937 Requisition Number 401300, Delivery Reference Date Ordered Vendor Number Date Required Freight MethodFrerms Department/Location 05/09/2013 4095 WATER Item# Description/Part No. Qty UOM Unit Price Extended Price PO Requisitioner Name: Linda Sadler 1 PROVIDE BENSHAW CONTROLLER - 2.0 Each $40,880.00000 $81,760.00 LABOR & MATERIALS PWOY PUBLIC WORKS OPERATIONS YARD CITY OF SOUTHLAKE 1950 E CONTINENTAL BLVD SOUTHLAKE, TX 76092 Phone: 817-748-8079 FAX 817-748-8103 IMPORTANT: Read Terms & Conditions provided as part of o, f this purchase order. By By �_�1lLy� ram, Manager Finance Director Purchase Order Total $81,760.00 VENDOR COPY FORT WORTH CITY OF FORT WORTH 1 PURCHASING DIVISION INVITATION TO BID NO. 12-0221 SEALED BID FOR MOTOR REPAIR AND REPLACEMENT BID CLOSING DATE: JULY 26, 2012 For further information contact: Teresa Lobacz, Buyer (817) 392-8385 FAX (817) 392-8440 email: teresa.lobaczAfortworthtexas.gov INSTRUCTIONS TO BIDDERS Bids are solicited for furnishing the merchandise, supplies, services and/or equipment set forth in this solicitation. Bids must be received In the Purchasing Office by 1:30 P.M., July 26, 2012, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be returned in a sealed envelope, addressed to the Purchasing Manager, City of Fort Worth and have the bid number, closing date, and company name clearly marked on the outside envelope. Bids should be mailed or hand delivered to the following address: Purchasing Division, tower Level, Municipal Building 1000 Throckmorton Street Fort Worth, Texas 76102 Bids to be delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked "BID MUST BE DELIVERED TO PURCHASING DIVISION BEFORE 1:30 P.M." in order to be considered. Late bids will be returned; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of this bid will be 90 calendar days after the bid opening date unless the bidder submits a different date. ( days). I have read and agreed with the attached Terms and Conditions, Instruction to Bidders and the Invitation to Bid requirements. Failure to complete the requested information below may result in remection of your bid. Principal Place of Business (Defined as at least having one permanent active business office and employee located in Texas). Company Name and Address Company's Authorized Agent Signature: Federal ID Number(TIN) or Name and Title (Typed or Printed) Social Security Number and Legal Company Name Date Telephone Number Fax Number Email address: Cooperative Purchasing: Should other Governmental Entities decide to participate in this contract, would you, the Contractor, agree that all terms, conditions, specifications, and pricing would apply? Yes No If you, the Contractor checked "Yes", the following will apply: Governmental entities within Tarrant County utilizing Inter -Governmental Contracts with the City of Fort Worth will be eligible, but not obligated, to purchase materiallservices under this contract(s) awarded as a result of this solicitation. All purchases by Governmental Entities other than the City of Fort Worth will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Fort Worth will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order its own material/services as needed. Jack Dale Purchasing Manager 2.000 4,000 BID SOLICITATION V Vendor Name: E N Address: D O City, State Zip Code: THE CITY OF FORT WORTH SEEKS BIDS FROM QUALIFIED BIDDERS TO PROVIDE LABOR AND MATERIAL FOR A NON-EXCLUSIVE ANNUAL AGREEMENT FOR MOTOR REPAIR AND REPLACEMENT AS DEFINED IN THIS INVITATION TO BID (ITB). THE WATER DEPARTMENT WILL MANAGE THIS ANNUAL AGREEMENT. THE CITY INTENDS TO ENTER INTO A NON-EXCLUSIVE AGREEMENT FOR AN INITIAL PERIOD OF (12) TWELVE MONTHS WITH FOUR (4) OPTIONS TO RENEW FOR ADDITIONAL TWELVE MONTH PERIODS. A PRE -BID CONFERENCE WILL BE HELD ON TUESDAY, JULY 10. 2012. AT 1:30PM AT THE ROLLING HILLS WATER TREATMENT PLANT CONFERENCE ROOM, LOCATED AT 2500 SE LOOP 820, FORT WORTH, 76140. CONTRACTORS ARE ENCOURAGED TO HAVE A REPRESENTATIVE AVAILABLE TO INSPECT PROJECT LOCATION PRIOR TO SUBMITTING BIDS IN ORDER TO BE FULLY AWARE OF THE SCOPE OF THE SERVICES REQUIRED. ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. Pricing for basic motor reconditioning, rewinding and replacement shaft be based on +I- percentage of the most current Vaughan's price guide (www.vaughens.com), considered the industry standard for electrical motor repair work, utilizing the most current edition of the Vaughan's price guide that is available throughout the term of the contract. In the situatfons where the Vaughan's price guide does not cover the motor to be repaired, pricing shall be based on the summation of parts and labor required to perform the work. Where additional repair, troubleshooting, or testing is required beyond the Vaughan's basic scope of work, that work will be compensated at the summation of the parts and labor required to perform the work. PART 1 UTILIZATION OF VAUGHEN'S INDUSTRY PRICING AVERAGES AS BASELINE COST Recondition motor per Vaughen's Basic Scope of Work: % 5.000 ] Rewind motor per Vaughan's Basic Scope of Work:__ Page 1 of 3 Printed: 06/20/2012 BID OPENING DATE AND TIME: 7/2612012 1:30:00 PM BID NUMBER: 12-0221 BUYER- Teresa Labacz PHONE *: (817)392 - 8385 DELIVERY REQUIRED: 812312012 S City of Ft Worth H I WATER PRODUCTION ADMINISTRATION P 160011TH AVENUE FORT WORT" TX 76102 1' Unit 1 EA % 1 EA Unit Price I Total BID SOLICITATION Page 2 of 3 Printed: 06/20/2012 BID OPENING DATE AND TIME: 7126/2012 1:30:00 PM BID NUMBER: 12-0221 BUYER: Teresa Lobacz PHONE #: (817)392 - 8385 DELIVERY REQUIRED: 812312012 V Vendor Name: S City of Ft Worth B N Address: H 1, WATER PRODUCTION ADMINISTRATION D p 160011TH AVENUE 0 City, State Zip Code: FORT WORTH TX 76102 R T O Item Class -hem Quantity Unit j Unit Price Tolal 6,000 Furnishllnstafl Ball Bearings, per Vaughen's Scope of t EA 7.000 Dynamic balance, per Vaughen's Scope of Work: % 1 EA 8.000 Metallize one surface, per Vaughen's Scope of Work: % 1 EA 9.000 Bore and brush end bracket, per Vaughen's Scope of Work; 1 EA °ro 10.000 New or replacement motor, per Vaughen's User price: ., % i EA 3.000 PART 2 ADDITIONAL PRICING ELECTRIC MOTORS 1 EA Price per mile for pickup and delivery of motors: $Imile 11.000 1 Price for shop tabor, per hour, regular time (M-F, 8AM - 5 PM) 1 EA —__—$Ihr 12.000 1Price for shop labor, per hour, overtime or emergency 1 I EA work _._.........._....__$Ihr 13.000 1 Price for field services, per hour, regular time (M-F, 8AM-5 PM) I 1 I EA _$Ihr j BID SOLICITATION Page 3 of 3 Printed: 06/20/2012 BID OPENING DATE AND TIME: 7/2612012 1:30:00 PM BID NUMBER. 12-0221 BUYER: Teresa Lobacz PHONE #: (817)392 - 8385 DELIVERY REQUIRED: 8/23/2012 V Vendor Name: S City of Ft Worth E M WATER PRODUCTION ADMINISTRATION N Address: D P 150011TH AVENUE FORT WORTH TX 76102 O City, State Zip Code: R T Item Class -Item Quantity Unit Unit Price Total 14.000 Price for field services, per hour, overtime or emergency 1 EA work. _,__,____, $Ihr— 15.000 Price for partS/materials not covered under Part 1, cost 1 EA plus_ _% 16.000 Price for on -site predictive maintenance field 1 EA _ 17.000 Price for report writing, office analysis, and data 1 EA interpretation ____._$/hr TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN. QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS. TERM OF PAYMENT: DELIVERY: TELEPHONE NUMBER: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN. QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS. COMPANY: SIGNATURE: NAME AND TITLE: ITB No. 12-0221, Motor Repair and Replacement, Sid Opening: July 26, 2012 Page 4 of 34 SORT WORTH HOW TO REGISTER WITH THE CITY OF FORT WORTH => Visit www.fortworthtexas.ggv Click on Vendor Choose Become A Vendor Review Terms & Conditions => Click i Accept These Terms to proceed At next screen, click No, l Want to Register => Click Register => The first registration pop-up asks for your Federal ID# or Social Security Number and your company name. The company name MUST be the proper organization name and the same as on invoices you would present for payment to the City of Fort Worth. =:> Follow through the screens by clicking Continue/Save at the bottom of each screen. The last screen will ask for your commodities (products and/or services that can be provided to the City). This information is used to send quotes/bid opportunities to you by email and is also required in order to keep your account active. Enter a key word search for unknown commodity codes (example: janitorial) =zt� An email address is required to register online If you selected "Certified Minority" you will be requested to provide a copy of your Minority/Woman Owned Business certification => Email a copy of your company's IRS W-9 Form to the City's registration administrator at Purchasingp5D@fortworthtexas.gov. Your registration will not be activated until a completed W- 9 is received and verified. Completed W-9's may also be faxed to the vendor registration administrator at 817-392-7254. Congratulations, you've registered!! You will receive an email with your registration confirmation. For any changes/edits to your vendor profile please email the vendor registration administrator at Pu rcha s i n q BSO C7a.fo rtworthte xas.gov. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 5 of 34 CITY OF FORT WORTH PURCHASING DIVISION INSTRUCTIONS TO BIDDERS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at (817) 392-8440. The fax must clearly identify the Buyer's name and the Solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. 2.3 The following provisions are intended to ensure a fair and equitable review process so that there is no actual or potential situation where one bidder secures or attempts to secure an unfair advantage over another bidder or creates a situation where there is an appearance of impropriety in contacts between the bidder, its agent, vendor, or consultant and City officials. 2.3.1 2.3.2 Contacts by the Bidder with City staff when such contacts do not pertain to a solicitation or bid are exempt from this provision. Examples include: 2.3.2.1 Private (non -business) contacts with the City staff by the bidder's employees acting in their personal capacity; 2.3.2.2 Presentations and/or responses to inquiries initiated by City staff. 2.3.3 If a representative of the Bidder has a question about any potential contact as described above, the Purchasing Manager will be notified in order to make a determination as to whether any contact is allowed in accordance with the solicitation. 2.3.4 If a representative of anv bidder Siihmiffinn n hirl vininme 4ha fnronronn 1TB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 6 of 34 3.0 PRE -BID CONFERENCE If a pre -bid conference is held, the time, place, and nature of the conference will be specified on the cover page of the solicitation. Attendance at pre -bid conferences is not mandatory. 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids submitted on other than the forms included in the Solicitation shall be considered non- responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 4.2 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal_ Final determination of a product as "equal" remains with the City. 4.3 delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. 4.5.2 Pricing shall be entered on the Bid specification in ink. 4.5.3 Totals shall be entered in the "Total Price" column of the Bid specification. 4.5,4 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security: If a bid security is required for this purchase, the requirement will be reflected in the "Specification" section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted, and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. 4.7.1 To be an acceptable surety on the bond: 4.7.1.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 7 of 34 4,7.1.2 The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. 4.8 Alternate Bids: Bidders may offer an "equal" product as an alternate bid. Final "approved equal" determination remains with the City. 4.9 Proprietary Information: 4.9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 4.92 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General. 4.9.3 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 4.10 Bid Preparation Costs: All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 4.11 Payment: All payment terms shall be "Net 30 Days" unless specified in the bid document. 4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at PurchasingBSO@fortwodhtexas.gov. 5.0 SUBMISSION OF BIDS 5.1 Copies: Unless otherwise specified, Bidders are required to submit an executed original and one (1) copy of the Bid. 5.2 Documents required with Bid: The following documents must be submitted with each Bid prior to the Due Date: 5.2.1 The signed Offer and Award Sheet; 5.2.2 The Bid specification; and 5.23 Any other document included in the Solicitation requiring completion or execution by the Bidder. 5.3 If a Minority and Women Business Enterprise (M/WBB) goal has been established on the bid, the applicable documents must be submitted five (5) City business days after the bid opening date, exclusive of the bid opening date. The Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 5.4 Addendum: Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date and Time. The Addendums containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name, address, the Solicitation number, and the Due Date and time. 5.5 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 8 of 34 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn in writing, telegraphically, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the Due Date, A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the Due Date, The City may require proof of agency from the person withdrawing a bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall confirm the time and announce the Bid opening. The representative shall then personally and publicly open all Bids timely received, reading each bid aloud. 8.0 EVALUATION FACTORS AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an "all or none" award may be considered if a single award is advantageous. 8.2 Award: The City will award contracts to the bidder who offers represents the "best value" to the City, price and other factors considered. 8.2.1 The following criteria may be considered to determine the best value (see section 262.043 of the Texas Local Government Code): B.2.1.1 Purchase Price; 8.2.1.2 Reputation of the bidder and bidder's goods or services; 8.2.1.3 Extent to which the goods or services meet the City's needs; 8.2.1.4 Bidder's past relationship with the City; 8.2.1.5 Total long-term cost to the City for the bidder's goods; 8.2.1.6 Any relevant criteria specifically listed in the request for bids. 8.2.2 Total long-term cost may include specification conformance, delivery requirements, the life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, warranties and other factors contributing to the overall acquisition cost of the prod uctlservices. 8.3 Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order or a Contract. Subsequent purchase releases may be issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. 8.4 Reservations: The City expressly reserves the right to: 8.4.1 Specify approximate quantities in the Solicitation; 8.4.2 Extend the Solicitation opening date and time; 8.4.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 9 of 34 8.4.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 8.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 8.4.6 Add additional terms or modify existing terms in the Solicitation; 8.4.7 Reject a bid because of unbalanced unit prices bid; 8.4.8 Reject or cancel any or all Bids; 8.4.9 Reissue a Solicitation; 8.4.10 Procure any item by other means; and/or 8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 9.0 POST -BID DOCUMENTS REQUIRED FROM SUCCESSFUL BIDDER 9.1 Certificates of Insurance: When insurance is required, the Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.2 Payment and/or Performance Bonds: When Payment and/or Performance Bonds are required, the Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.3 Minority and Women Business Enterprise (MIWBE) Documents: If an MIWBE goal has been established for the bid, the applicable documents must be submitted within five (5) City business days after the bid opening date, exclusive of the bid opening date. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. Revised September 12, 2010 ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 10 of 34 TECHNICAL SPECIFICATIONS MOTOR REPAIR, REWIND, AND REPLACEMENT SERVICES 1.0 INTRODUCTION 1.1 The City of Fort Worth (City) Water Department requires the rewind, repair and replacement of various types of electric motors on an as -needed basis. The City intends to award this multi -year, non-exclusive agreement to multiple contractors in order to provide sufficient coverage of the City's needs and to prevent outages that could affect customer service, Electric motor work will be performed on, but not restricted to, pumps, water and wastewater treatment equipment. 1.2 Contractors will be selected for job order tasks based on repair/replacement prices, on - site troubleshooting ability (when required), estimated speed of repairs, familiarity with equipment, and capabilities of shop. It is anticipated that not all Contractors will have the shop ability to repair, troubleshoot, and test the entire range of motor sizes owned by the City of Fort Worth, Those contractors will only be considered for tasks which they have the capability to perform. 1.3 This specification covers the minimum requirements necessary for motor repair and/or replacement of various makes and models of electric motors utilized within the City of Fort Worth. Repair services will be performed both on -site and at the Contractor's repair facility. 1.4 Fort Worth electric motor inventory includes various frames, orientations, makes, and models ranging from 2 HP to 2500 HP running on voltages ranging from 120 volts to 4160 volts. Current electric motor inventory within the Water Department includes over 500 electric motors, located at various water/wastewater plants and pump station. 1.5 A Pre -Bid Conference will be held on Tuesday, July 10, 2012, at 1:30PM at the Rolling Hills Water Treatment Plant Conference Room, located at 2500 SE Loop 820, Fort Worth, 76140. Contractors are responsible for familiarizing themselves with the work to be performed. Contractors are encouraged to have a representative available to inspect project location prior to submitting bids in order to be fully aware of the scope of the services required. Failure to attend the pre -bid conference may impact a Contractors ability to submit a fully informed and competitive bid response. Attendance is not mandatory but is strongly encouraged 2.0 CONTRACTOR QUALIFICATIONS 2.1 Contractor will be Electrical Apparatus Service Association (EASA) registered and an active member. 2.2 Contractor shall complete Attachment A - Contractor Information and Qualifications reference sheet and questionnaire and include in their bid proposal. City may elect to perform an on -site inspection of Contractor's shop. The City recognizes that potential Contractors may not have the ability to repair the full range of motors owned and operated by the City. Contractor shall state in their questionnaire the largest motor size they have the in-house capability to repair. 2.3 At the time of the bid, Contractor shall have a system in place for the entry and archive of equipment records, in accordance with EASA Standard AR100-2010. 2A Contractor shall have and maintain an on-line subscription to Vaughens.com., an on-line price averaging index for pump and motor repair. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 11 of 34 2.5 Contractor's Performance 2.6.1 All materials and workmanship provided to the City shall be of the highest industry standard. Unless otherwise agreed to, parts, materials and equipment purchased and installed through this contract shall be new and subject to inspection and approval by the City Representative prior to delivery. 2.5.2 This contract will include providing work, services, technical expertise, materials, and equipment normally associated with pump and equipment motors. All work, services, materials, equipment and supplies will be performed on an "as -needed" basis, as requested by the City. 2.5.3 Upon request, Contractor will be required to perform/provide on -site technical assistance and/or troubleshooting, as well as preventive and predictive maintenance, as directed by the City. Field services will be compensated at the hourly rate for the classification of work included in the bid solicitation. 3.0 PROCEDURE REQUIREMENTS 3.1 Contractor Shop Equipment Equipment required includes, but is not limited to the following: 3.1.1 Lifting equipment to safely move electric motors and accessories, 3.1.2 Cleaning capabilities, 3.1.3 Machine tools, 3.1.4 Welding equipment, 3.1.5 Hydraulic bearing pullers, 3.1.6 Lathes, milling machine, drill press, 3.1.7 Dynamic balancing and trim equipment and capabilities, 3.1.8 Stator core loss tester, 3.1.9 Temperature regulated burn off oven and baking oven, 3.1.10 Class H insulating materials of sufficient quantity to treat new windings, rewind area must be clean and temperature controlled environment, 3.1.11 Sufficient inventory of inverter -duty rated magnet wire and coil winding equipment, 3.1.12 Dip tank, 3.1.13 Vacuum pressure impregnation system, 3.1.14 DC Hipot (high potential) tester, and 3.1.15 Inventory and recordkeeping system necessary to trace, monitor, log, and provide reports on all repair work. Records will be maintained a minimum of 3 years. 3.2 Repair Guidelines The Contactor will perform all electrical motor inspection, testing, rewinding, repairs, and provision of motors according to the following guidelines: 3.2.1 The guidelines recommended in EASA (Electrical Apparatus Service Association) AR100-2010, Recommended Practice for the Repair of Rotating Electrical Apparatus, ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 12 of 34 3.2.2 IEEE Standard 43, latest revision, "Recommended Practice for Testing Insulation Resistance of Rotating Machinery. 3.2.3. IEEE Standard 522, latest revision, "IEEE Guide for Testing Turn to Turn Insulation on Form Wound Stator Coils for Alternating Current Rotating Electric Machines". 3.2.4. NEMA Standard MG-1, latest revision, "Motors and Generators". 3.2.5 ANSI/ABMA Standard 7, latest revision, "Shaft and Housing Fits for Metric Radial Ball and Roller Bearings". 3.3 Electrical Motor Repair and Reconditioning 3.3.1 All repaired or completely reconditioned motors will have a separate metal tag screwed or riveted next to the manufacturers I.D. metal plate with the Contractor's name, address, phone number, and date of motor repair. 3.3.2 Motor reconditioning will generally correspond with the scope of work outlined under Vaughen's published scope of work, to include the following basic work components; 3.3.2.1 Disassemble, inspect and perform electrical tests, 3.3.22 Steam clean, dip and bake, and 3.3.2.3 Assemble, test, and paint. 3.3.3 Upon completion and before delivery is taken on a motor overhaul or rewind, the motor or stator will be certified as surge comparison tested for winding condition. This will be performed as part of the basic reconditioning service. Observations, measurements, and test results will be provided to the City in an abbreviated report as part of this base work. 3.3.4 Costs for 'City requested additional work required to recondition and/or repair motors, to include furnishing and installing two new ball bearings, dynamically balancing the rotor, bore and bush bracket, and/or metailzing one surface will be based on percentage of the the Vaughen's most current published price. Costs for additional work not outlined in the Vaughen's publication, to include additional machine work, testing, welding, specialty parts, etc., will be compensated based on the applicable hourly field and/or shop labor rate plus the parts and material costs. 3.4 Electrical Motor Rewinds 3.4.1 All rewound motors will have a separate metal tag screwed or riveted next to the manufacturers ID metal plate with the Contractor's name, address, phone number, and date of motor rewind. 3.4.2 Upon completion and before delivery is taken on a motor rewind, the motor or stator will be certified as surge comparison tested for winding condition. This will be performed as part of the basic rewinding service. 3.4.3 Motor rewinding will generally correspond to the scope of work outlined underthe most current Vaughen's published scope of work, to include the following basic work components: 3.4.3.1 Dismantle, inspect, test, strip and clean. 3.4.3.2 Make and install insulation, 3.4.3.3 Make and insert coils, and ITS No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 13 of 34 3.4.3.4 Connect, dip and bake random wound motors, vacuum pressure impregnate form -wound motors. Provide written report to City documenting observations, measurements, and test results as part of base work. 3.4.4 The minimum class of insulation will be Class H, as specified by NEMA. 3.4.5 Costs for City requested additional work required to recondition and/or repair motors, to include furnishing and installing two new ball bearings, dynamically balancing the rotor, bore and bush bracket, and metallzing one surface will be based on percentage of the the Vaughen's most current published price. Costs for additional work not outlined in the Vaughen's publication, to include mechanical repairs, machine work, testing, welding, specialty parts, etc., will be compensated based on the applicable hourly field and/or shop labor rate plus the parts and material costs. 3.5 New Electrical Motors 3.5.1 New or replacement motors will include a minimum one year manufacturer's warranty. 3.5.2 Each new motor will be provided with two operation and maintenance manuals, which will include technical drawings and performance data. Contractor start-up services will be compensated under the hourly rate shown in the Bid Solicitation under Part 11, "field Services". 3.5.3 This contract in no way restricts the City from the option of taking competitive bids for the procurement of new motors, especially large or custom motors. 3,5.4. Price for motor replacement will be based on a percentage of the average Vaughen's "user" price. The "user" price is defined as the industry wide average price that motor repair shops charge a customer for a new motor. Contractor will provide shop drawings to City showing motor lay lengths, orientation of cable entry, and operating parameters prior to issuance of purchase order. 3.6 Predictive Maintenance and Diagnostics — Electric Motors and Motor Circuits 3.6A Predictive maintenance and diagnostics for electric motors and circuits may include, but not be limited to the following: 3.6.1.1 Vibration testing, 3.6.1.2 Infrared themography, 3.6.1.3 Insulation resistance, polarization index, DC NiPot, and surge tests, 3.6.1.4 Lubrication and particle wear analysis, and 3.6.1.5 Electrical, performance and efficiency analysis. 3.6.2. Field work to perform predictive maintenance testing and analysis will be paid at the hourly rate shown in Part 2 of the Bid Solicitation. Follow up data analysis, evaluation, recommendations, and report writing will be paid at the hourly rate shown in Part 2 of the Bid Solicitation. Testing that occurs at the shop will be paid at the unit price bid for shop labor. 3.7 Mechanical Repairs 3.7.1 Repair shop will have shop machining capabilities to troubleshoot and make mechanical repairs to motor, couplings, shafts, and miscellaneous motor and drive components, to include ancillary items such as gearboxes. ITB No, 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 14 of 34 3.7.2. Mechanical repairs to motors and motor components will be compensated at the applicable shop labor rate plus parts and materials cost markup included in Bid Solicitation. 3.7.3 When instructed by the City, mechanical repairs to electric motors will be vibration tested prior to delivery. 3.8 Pick-up and Delivery 3.8.1 Contractor will be responsible for all pick-up and delivery of all motors when and where requested by the City. The Contractor will perform all pick-up and delivery within twenty-four (24) hours of notification by City. Shipping/receiving reports provided by the Contractor will be signed by appropriate City personnel to verify custodylacceptance of equipment. All City equipment will be the responsibility of the Contractor while it is in the Contractor's custody. 3.8.2 Contractor will be compensated for pickup and delivery of motor/equipment at the per mile fee included in the bid proposal. This fee will be full compensation for all costs associate with the pickup and delivery of the equipment. 3.9 Warranty 3.9.1 Contractor will warrant all equipment and parts furnished as new under this contract are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered. 3.9.2 Contractor will warrant that all rebuilt or repaired equipment and parts furnished under this contract will meet manufacturer's specifications and are free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered. 3.9.3 Contractor will warrant all labor involved in the rewind and repair of electric motors and associated equipment for no less than one (1) year from the date the equipment is delivered. This includes, but is not limited to, welding and machine work, 3.9.4 Contractor will warrant all new motors purchased under this contract for a period of one year against defects. 3.9.5 Warranty will include accepted trade standards of quality, fitness for the intended uses, and conformance to specifications. 3,9.6. All defective products will be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re -packing, re -shipping or other like expenses will be paid by the Contractor. 3,10 Repair Estimates 3.10.1 Contractor will provide an estimate for repair in writing before proceeding with any repair work. Estimates will be provided not later than seventy-two (72) hours after the Contractor has received the motor. Estimates will include the cost of a new motor as an alternative, based on the percentage of the Vaughen's Price Index "user" price included in the bid proposal. 3.10.2 The City reserves the right to replace the motor rather than repair it. No additional costs other than the shop labor costs for tear down and assessment time will be charged to the City if the motor is not repaired. All non -repaired motors and parts will be returned to the City. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 15 of 34 3.10.3 In some cases, field troubleshooting and Contractor recommendations and a repair estimate will occur prior to removing the motor and delivery to the Contractor's shop. In cases where a field investigation is required, Contractor will be compensated at the applicable hourly rates included in Part 2 of the Bid Solicitation. 4.0 BIDDING REQUIREMENTS 4.1 Contractor will submit the following with his/her bid. Bids lacking the requested information or documents can be considered incomplete and be rejected. • Compete and signed Invitation to Bid Specifications • Completed and signed Bid Solicitation Sheet • Copies of licenses and certifications • Attachment A — Contractor Information and Qualifications Sheet • Attachment B — Conflict of Interest • Signed No Bid sheet if applicable 5.0 INSURANCE REQUIREMENTS 5.1 Insurance Section — Basic Coverage Lines and Applicable Policy Limits. The successful contractor must provide a certificate of insurance documenting the required insurance coverage(s) listed below. Insurance coverage(s) required herein are intended to respond to occurrences which may arise from services and/or goods related to this bid solicitation. 6.2 Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease— Policy limit $100,000 Disease — Each Employee Workers' Compensation and Employers' Liability coverage with limits consist with statutory benefits outlines in the Texas Workers' Compensation Act (Art. 8308-1.01 et seq. Tex. Rev. Civ. Stat,) and minimum policy limits for Employers' Liability. 5.3 Commercial General Liability insurance shall be provided as follows: $1.000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not limited to premises/operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. In some instances, Errors & Omission coverage may be included by endorsement. 5.3.1 Auto Liability Insurance shall be provided as $1,000,000 Combined Single Limit Each Accident. A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non -owned. 5.3.2 Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice of cancellation, material change in coverage, or non -renewal of coverage. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 16 of 34 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear (AIIMA). 5.3.3 Certificates of Insurance and Endorsements effecting coverage required by this clause shall be forwarded to: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 6.0 ADDITIONAL INSURANCE REQUIREMENTS 6.1 The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured. Exception: the additional insured requirement does not apply to Workers' Compensation policies. 6.2 Thirty days (30) notice of cancellation or non -renewal is required. Example: "This insurance shall not be canceled, limited in scope or coverage, cancelled or non -renewed, until after thirty (30) days prior written notice has been given to the City of Fort Worth." 6.3 Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 6A The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, 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. 6.5 If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 6.6 Unless otherwise stated, all required insurance shall be written on the occurrence basis. If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 6.7 Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 6.8 Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be acceptable to and approved by the Risk Management Division of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by Risk Management. 6.9 Any deductible in excess of $5,000.00. for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City's Risk Management Division. ITS No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 17 of 34 6.10 The City, at its sole discretion, reserves the right to review the insurance requirements of this section during the effective period of the contract and to modify insurance coverage's and their limits when deemed necessary and prudent by the City's Risk Management Division based on economic conditions, recommendations of professional insurance advisors, changes in statutory law, court decision, claims history of the industry as well as of the contracting party to the City of Fort Worth or other relevant factors. The City shall provide 90 days prior notice of changes to these insurance requirements. 6.11 The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. 6.12 In conjunction with the aforementioned requirements, the Contractor must provide the same insurance coverage for any subvendors employed within the scope of this award. 7.0 CONTRACTOR SELECTION 7.1 A contract pursuant to this solicitation, if awarded, shall be based on lowest bid meeting the specifications stated within this document, The City's evaluation will consider price, past performance and experience, company stability/years in business and compliance with all legal and other contractor requirements as stated in this document. 7.2 Contractor shall show to be responsible and responsive, possessing the potential ability to perform successfully under the terms and conditions specified herein. 7.2.1 A responsive bidder is defined to be one who submits a completed sealed bid packet within the stated time deadline and in accordance with the bid specification. 7.2.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies, equipment, or services being procured. 8.0 ESTIMATED QUANTITIES The City spends approximately $500,000.00 per year on motor repairs. The quantities reflected on the bid specifications are merely estimates based on the best available information. Payment to the Contractor will be based on actual quantity ordered, shipped, received and accepted. The City of Fort Worth does not guarantee to purchase any specific amount or quantity during the period of this agreement. The quantity ordered may vary depending upon actual needs of the City. 9.0 CHANGE IN COMPANY NAME OR OWERSHIP The Contractor must notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of keeping updated City records. The president of the company or authorize official must sign the letter. Failure to do so may adversely impact future invoice payments. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 18 of 34 10.0 REMITTANCE ADDRESS Contractor is required to provide "remit to" address below. P.O. Box/Street Address: City, State, Zip Code: 11.0 SUBCONTRACTING Contractor will not assign or subcontract any or all of its rights or responsibilities under this contract without the prior written approval of City. Any purported assignment without such approval will be a breach of this contract and void in all respects, 12.0 UNIT PRICE ADJUSTMENT 12.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during the renewal period but before the effective date of the renewal upon written request from the Contractor. 12.2 At the time the City exercises the renewal options, the Contractor may request a rate adjustment in an amount not to exceed the rate price or subsequent renewal rate price according to the Producer Price Index. 12.3 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. 12.4 If the City concludes that the rate increase being requested is exorbitant, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the and of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division will issue a new solicitation. 13.0 OPTIONS TO EXTEND/RENEW THE TERM OF THE AGREEMENT 13.1 The term of the agreement shall be for a period of one (1) year, with options to renew annually for up to four (4) additional one-year terms. The City may extend the term of this agreement by written notice to the Contractor within 30 calendar days; provided, that the City gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the agreement expires, and the renewal/extension is mutually agreed upon by both parties to the agreement. 13.2 The preliminary notice does not commit the City to an extension. If the City exercises this option, the extended agreement shall be considered to include this option clause. The total duration of this agreement, including the exercise of any options under this clause shall not exceed 60 months. 14.0 CONTRACT ADMINISTRATION 14.1 Contract administration will be performed by the using department in accordance with the City of Fort Worth Administrative Regulations dated February 16, 2009, or current edition, Section C, Number 9, Paragraph 8.11 - Non -Performing Contractor and applicable Texas local Government Code. In the event the Contractor fails to perform according to the terms of the agreement, the Department head or his/her designee will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. A written cure notice may be prepared giving the Contractor 10 calendar days to cure any deficiency. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 19 of 34 14.2 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. If the agreement is terminated for default, the Contractor may be held liable for excess cost and/or liquidated damages. 14.3 The Contractor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 14.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this agreement, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Contractor exceed the agreement price. The Contractor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination, 15.0 Invoices 15.1 All invoices will include a written description of the work performed. 15.2 Contractor will maintain an accurate report of the work activities of the personnel assigned and materials expended on this contract. Contractor will initiate such record keeping at the time of award and will retain all such files throughout the term of the contract, The Contractor will provide an electronic copy of the report upon request of the City. 15.3 Work completed under the scope of work outlined in Part 1 of the Bid Solicitation will be lump sum for the bid item outlined, exclusive of the costs for pickup and delivery of the equipment, which will be compensated at the per mile charge. 15.4 Hourly rates included in Part 2 of the Bid Solicitation must be inclusive of all costs associated with providing the services, including salaries, benefits, and overhead. Direct costs for parts, materials and equipment used in the services will be invoiced separately on a cost plus basis. 15.5 When field work/service is performed on the City's premises, the hourly rates will commence from the time the Contractor arrives on site and continues until the Contractor departs the side. The Contractor's employee(s) will inform the City when he/she arrives on site and report his/her hours worked through completion of a "work summary sheet". 16.0 QUESTIONS Any questions regarding this bid package should be directed to Teresa Lobacz, Buyer, Purchasing Division, Telephone: 817-392-8385 or email: teresa.lobacz cf),fortworthtexas.gov. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 20 of 34 CITY OF FORT WORTH, TEXAS STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DEFINITION OF BUYER The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and subvendors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF SELLER The consultant, vendor, supplier, vendor or other provider of goods and/or services, its officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth (the "City') may be requested by a member of the public under the Texas Public Information Act. See Tex. GOV'T CODE ANN. §§ 552.002, 552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 ORDERS 5.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non-payment. 6.0 SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 21 of 34 7.0 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's bid. Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seder's bid or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 10.0 PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 11.0 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 12.0 INVOICES 12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be Itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller's request. 13.0 PRICE WARRANTY 13.1 The price to be paid by Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's bid, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 22 of 34 13.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 14.0 PRODUCT WARRANTY Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the bid invitation, and the sample(s) furnished by Seller, if any, In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 15.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seiler. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 16.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software, This software is "proprietary" to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. 17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL, PROPERTY Seller warrants that the goods or services do not infringe upon or violate any United States patent, copyright, or trade secret. Seiler will defend at its expense any action against Buyer or Buyer as licensee to the extent that it is based on a claim that goods used or services provided used within the scope of the license hereunder infringe upon a United States patent, copyright or trade secret, and Seller will pay any and all costs and damages finally awarded against Buyer or Buyer as licensee in such actions which is attributable to such claim. Should the products or services become, or in Seller's opinion be likely to become, the subject of any claim of infringement, Seller shall either: (a) procure for Buyer the right to continue to use the goods or services; or (b) modify the goods or services to make them non -infringing, provided that such modification does not materially adversely affect Buyer's authorized use; or (c) replace the goods or services with equally suitable, compatible, and functionally equivalent non -infringing goods or services at no additional cost to the Buyer; or (d) if none of the foregoing alternatives is reasonably available to Seller, terminate this agreement and refund to Buyer the payments actually made to Seller under this agreement, ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 23 of 34 18.0 OWNERSHIP OF WORK PRODUCT Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Seller for the City pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may be considered "work(s) made for hire" and will be and remain the exclusive property of the City. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its vendors hereby waives any property interest in such Work Product. 19.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectively the "Network"). If Seller requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other network application, Seller shall separately execute the City's Network Access Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. 20.0 CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity. 21.0 TERMINATION The performance of work or purchase of goods under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein. 22,0 ASSIGNMENT 1 DELEGATION No interest, obligation or right of Seller, including the right to receive payment, under this contract shall be assigned or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests, or obligations to another entity. The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees or interest resulting there from. 23.0 WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 24 of 34 24.0 MODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 25.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any applicable bid documents published by the Buyer and Seller's Response to such bid (the "contract documents"). This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement, No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, the Buyer's published bid documents and the Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall not apply. 26.0 APPLICABLE LAW 1 VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or "UGC" is used, It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 27.0 INDEPENDENT VENDOR Seller shall operate hereunder as an independent vendor and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, vendors and sub - vendors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors and sub -vendors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors and sub -vendors. 28.0 INDEMNIFICATION I LIABILITY SELLER COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS, AND DEFEND BUYER, ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR CLAIMS FOR DAMAGES OR INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT, OMISSION, OR INTENTIONAL CONDUCT ON THE PART OF THE SELLER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBVENDORS, AND SELLER DOES HEREBY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE PEFORMANCE OF THIS CONTRACT AS A RESULT OF ANY NEGLIGENT ACT, OMISSION OR INTENTIONAL CONDUCT ON THE PART OF THE SELLER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBVENDORS. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening; July 26, 2012 Page 25 of 34 29.0 SEVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceab0ity shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 30.0 FISCAL FUNDING LIMITATION In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 31.0 NOTICES TO PARTIES Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Forth Worth, Purchasing Division, 1000 Throckmorton Street, Fort Worth, Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller in its response to Buyer's invitation to bid. Or if sent via express courier or hand delivery, notice is considered received upon delivery. 32.0 NON-DISCRIMINATION This contract is made and entered into with reference specifically to Chapter 17, Article 111, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents, vendors or sub -vendors, have fully complied with all provisions of same and that no employee, participant, applicant, vendor or sub -vendor has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, vendor or sub -vendors herein. 33.0 IMMIGRATION NATIONALITY ACT The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Seller shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Seller shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide Seller with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Seller shall establish appropriate procedures and controls so that no services will be performed by any worker who is not legally eligible to perform such services. Seller shall provide Buyer with a certification letter that it has complied with the verification requirements required by this Agreement. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 26 of 34 34.0 ENVIRONMENTAL. This provision contains the minimum terms and conditions required of a waste services provider. The City reserves the right to require additional terms and conditions as necessary. 34.1 DEFINITIONS Unacceptable Waste shall mean any and all waste, including but not limited to Hazardous Waste, special waste, Medical Waste and friable asbestos, the acceptance and handling of which by City Collector would cause a violation of any permit condition, legal or regulatory requirement, substantial damage to City Collector's equipment or facilities, or present a substantial danger to the health or safety of the public or City Collector's employees. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this contract, or the existence of a violation of environmental requirements pertaining to, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, vendors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the Environmental Requirements. Environmental Requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 27 of 34 34.2 Requirements - Vendor warrants that it understands the known hazards and suspected hazards that are present to persons, property and the environment by providing packing, transporting, and disposal of hazardous, special and solid waste. Vendor further warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all Environmental Requirements and is under no restraint or order which would prohibit performance of services under this contract. 34.3 Vehicle Specifications - All Vehicles used by Vendor and Vendor's subvendors) in providing collection of materials under the Contract shall be designed to prevent leakage, spillage or overflow. ! 34.4 Generator Status - Vendor shall be required pursuant to assume generator status for the waste collected and to choose a disposal site for the waste subject to the City's approval, and to indemnify City against any and all environmental damages and the violation of any j and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said environmental requirements was the result of any act or omission of vendor, its officers, agents, employees, or subvendors, or the joint act or omission of vendor, its officers, agents, employees, or subvendors and any other person or entity. 34.6 ENVIRONMENTAL INDEMNIFICATION -VENDOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF WASTE COLLECTED PURSUANT TO THIS CONTRACT. 34.6 Licenses and Permits - Vendor agrees to obtain and pay for all licenses, permits, certificates, inspections and all Governmental Approvals and other fees required by Applicable Law or otherwise necessary to perform the services prescribed hereunder. Vendor shall also pay, at its own expense, all fees necessary to the collection and removal of Garbage, Refuse, Small Bulky Waste, Large Brush and Large Bulky Waste, C&D Waste, Yard Waste, and Recyclables and their residuals. 34.7 Unacceptable Waste - Vendor shall NOT knowingly accept, nor be required to accept for disposal, unacceptable Waste. Vendor shall leave Unacceptable Waste at its original location and notify the Director immediately of the location and provide the Director with a description of such waste. Vendor reserves the right to reject or revoke acceptance of any Unacceptable Waste. Upon notification from the Vendor, the Director shall determine whether the waste is Unacceptable Waste or acceptable under the terms of this Contract. Vendor shall immediately return to the site to pick up the suspected waste upon notification from the Director that the waste is not Unacceptable Waste. iTB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 28 of 34 35.0 RIGHT TO AUDIT Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to Buyer, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Seller involving transactions relating to this contract, including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees that the Buyer shall have access, during normal working hours, to all necessary Seller facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer shall give Seller reasonable advance written notice of intended audits, but no less than ten (10) business days. 36.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its sub -vendors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of its sub -vendors. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or sub -vendors against Buyer arising out of Seller's and/or its sub -vendor's alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this agreement. 37.0 DISPUTE RESOLUTION If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non -binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. if the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Revised January 6, 2010 ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 29 of 34 ATTACHMENT A CONTRACTOR INFORMATION AND QUALIFICATIONS ANNUAL AGREEMENT FOR MOTOR REPAIR AND REPLACEMENT With your bid, please provide your Company's qualifications to provide electric motor repair, rewinding, and replacement services to the City. We anticipate this to be a non-exclusive contract awarded to multiple vendors, so a full understanding of each vendor's capabilities is critical. Failure to provide this information at the time of the bid may render the bid non -responsive. 1, Contractor References: Provide three references for similar type work. Include name of company, address, phone number, contact name, and description of work performed. 2. Staff Qualifications: Submit a professional profile of all key personnel, outlining their training and experience in the repair and rewinding of electric motors. 3. Shop Capabilities: Provide description of shop capabilities, including listing of equipment and maximum size motor that can be reconditioned and/or rewound at Contractor's shop. 4. Testing Capabilities: Provide description of Contractor owned testing equipment and shop tests that can be performed at the Contractor's shop. 5. Field Testing: Describe field testing and troubleshooting equipment and diagnostic capabilities. 6. Predictive Maintenance: Provide predictive maintenance capabilities, staff, and experience. 7. Associations: State whether company is a factory authorized service center for one or more motor manufacturers. State whether company is an authorized reseller of motors, and state the manufacturers. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 30 of 34 ATTACHMENT B CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be fled in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at htig:llwww.ethics.state.tx.uslfarmslClQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the fling requirement. An offense under Chapter 176 is a Class C misdemeanor. ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 31 of 34 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICEUSEONLY Dale Received Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed, See Section 176.006, Locaf Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. t Name of person doing business with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September t of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. 4mrnded0+13,2a06 ITB No. 12-0221, Motor Repair and Replacement, Bid Opening; July 26, 2012 Page 32 of 34 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom fifer has affilitation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, i3, C & D, must be completed for each officer with whom the flier has affiliation or business relationship. Attach additional pages to this form CIQ as necessary. A. Is the local government officer named In ihls section receiving or likely to receive taxable income from the filer of the questionnaire? FlYes F-1 No 8. Is the filer of the questionnaire receiving or likely to receive taxable income from oral the direction of the local government officer named in this section AND the taxable Income is not from the local governmental entity? ElYes F-1No C. Is the flier of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director. or holds an ownership of 10 percent or more? Yes L:1 No D. Describe each aftiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest, Signoture of person doing business with the [governmental entity Dale Adcc 01f1 Y-2005 ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 33 of 34 NO BID SHEET FOR INVITATION TO BID NO.12-0221 ANNUAL AGREEMENT FOR MOTOR REPAIR AND REPLACEMENT BID OPENING DATE: JULY 26, 2012 If your firm chooses not to submit a bid for this procurement, please complete this form and submit to: Teresa Lobacz, Buyer Purchasing Division 817-392-8385 Fax No. 817-392-8440 E-mail address: teresa.lobacz@-tqrtworthtexas.gov Please check the items that apply: ElDo not sell the item(s) required. Cannot be competitive. EJCannot meet the Specifications highlighted in the attached Bid Cannot provide Insurance required. Cannot provide Bonding required. Cannot comply with Indemnification requirements. ,lob too large. Job too small. F1 Do not wish to do business with the City. ElOther reason. Company Name: Authorized Officer or Agent Signature: Telephone: (__ FAX Number: (`} ITB No. 12-0221, Motor Repair and Replacement, Bid Opening: July 26, 2012 Page 34 of 34 Page 1 of 3 FORT WORTH CITY OF FORT WORTH Purchase Order V Vendor Number: 0000034858 E BRANDON & CLARK INC N 400 ROY HOPPY HOPKINS DR VIVIAN, LA 71082 D O R INVOICES: Direct invoices in DUPLICATE to the address shown. STANDARD PURCHASING TERMS AND CONDITIONS set forth in the City of Fort Worth's Bid or Quotation, are incorporated herein by reference and become a part of this order. P.O. DATE. 9/13/2012 Blanket Order Number POA 2-00073592 SHOW THIS NUMBER ON ALL PACKAGES, INVOICES AND SHIPPING PAPERS. S AGENCY (Dpt) H I P T 0 B MAIL INVOICE IN DUPLICATE TO: I L L T O Payment Terms: Net 30 Shipping Terms: Bid No.: Delivery Calendar Day(s) A.R.O.: 0 Item Requisition Quantity Unit Unit Price Total # 16 Purchase Agreement authorized by the City Council on September 11, 2012, M & C P-11427 for all departments. The agreement shall begin September 12, 2012, and end September 11, 2013 with options to renew for up to four (4) additional one-year periods exercised in accordance with the agreement specifications. All prices, terms and conditions of the agreement shall be as stated in Bid No. 12- 0221. Upon accepting a release order from our user department/division for this agreement, please insure you are provided a purchase order number and a release number. Invoices must be mailed to the ordering department/division releasing servicelcommodity and the invoice shall contain: 1) Bid number; 2) Department Purchase Order Number; 3) Release Number; 4) Department Name; 5) Address where servicelcommodity was delivered. Class -Item 285-68 7 Recondition motor per Vaughn's Basic Scope of Work - Less 10% FA $0.00 $0.00 LNIFYIAccount Code Dollar Amount II Class -Item 285-68 8 Rewind motor per Vaughn's Basic Scope of Work - Less 10% EA $0.00 $0.00 LNIFYIAccount Code Dollar Amount ll Class -Item 285.68 9 Furnishllnstatl Ball Bearings per Vaughn's Scope of Work - No Mark Up EA $0,00 $0.00 LNIFYIAccount Code Dollar Amount Class -Item 285-72 10 Dynamic balance, per Vaughn's Scope of Work - Less 10% EA $0.00 $0.00 Page 2 11 12 13 14 1 2 3 4 15 LN/FY/Account Code Dollar Amount 11 Class -Item 285-68 Metal ize one surface, per Vaughn's Scope of Work - Less 10% LN/FY/Account Code Dollar Amount P Class -Item 285-68 Bore and Brush end bracket, per Vaughn's Scope of Work - Less 10% LN/FYIAccount Code Dollar Amount /1 Class -Item 285-68 New or Repalcement motor, per Vaughn's Scope of Work - Less 15% LNTY/Account Code Dollar Amount 1/ Class -Item 285-69 Price per mile for pick-up and delivery of motors - No charge LN/FY/Account Cade Dollar Amount 1/ Class -Item 285-66 Price for shop labor, per hour, regular time (M-F, 8AM - 5 PM) LN/FYIAccount Code Dollar Amount 11 Class -Item 285-68 Price for shop labor, per hour, overtime or emergency work LN/FY/Account Code Dollar Amount 11 Class -Item 285-68 Price for field services, per hour, regular time (M-F, 8AM-5 PM) LNIFY/Account Code Dollar Amount // Class -Item 285-68 Price for field services, per hour, overtime or emergency work LN/FY/Account Code Dollar Amount 11 Class -Item 285.68 Price for parts /materials not covered under Part 1 - Plus 20% LN/FYIAccount Code Dollar Amount Class -Item 285-68 1 1 1 1 EA EA EA EA EA EA I EA I FA I EA I $0.00 $0.00 $0.00 $0.00 S70.00 $105.00 $85.00 S 127.50 $0.00 $0.00 $0.00 $0.00 $0,00 670.00 $105.00 $85.00 $127.50 $0.00 5 Price for on -site predictive maintenance field services LNIFY/Account Code Dollar Amount 11 Class -Item 285-68 6 Price for report writing, office analysis, and data interpretation LN/FY/Account Code Dollar Amount 11 Rev. 20091027 LA FA I $85.00 $80.00 Page 3 of 3 $85.00 $80.00 TOTAL: $552.50� APPROVED:,. � PPROVER:`.�,j By: Teresa Lobacz Phone#: (817) 392-8385 BUYER