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HomeMy WebLinkAboutResolution No. 2026-16RESOLUTION NO. 2026-16 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY AUTHORIZING THE ANNUAL MECHANICAL SERVICES CONTRACT WITH MARINE SERVICES, LLC. D/B/A NORTHSTAR INDUSTRIES; AUTHORIZING PAYMENT BY THE BAYTOWN AREA WATER AUTHORITY FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED THREE -HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section 1: That subject to the approval of the City Council of the City of Baytown, Texas, the Board of Directors of the Baytown Area Water Authority hereby authorizes the Annual Mechanical Services Contract with Marine Services, LLC. d/b/a Northstar Industries, for an amount not to exceed THREE -HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00), and authorizes payment thereof. Section 2: That the General Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease. Section 3: This resolution shall take effect immediately from and after its passage by the Baytown Area Water Authority. INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the Baytown Area Water Authority this the 15" day of July, 2026. BRENDA BRADLEY SMITH, President ATTEST: ANGELA JACKSON, Assistant Secretary APPROVED AS TO FORM: SCOTT LEMOND, General Counsel R:`.Ordinances and Resolutions` Resolution Drafts`BAWA\2026-07-15 Res -Marine Svcs-SL.docx EXHIBIT "A" AGREEMENT FOR ANNUAL MECHANICAL SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") is entered into by and between Marine Services DBA Northstar Industries (hereinafter "Vendor") and the Baytown Area Water Authority, a governmental agency and a body politic and corporation of the State of Texas, created pursuant to Chapter 600, Acts of the 63rd Legislature, regular Session, 1973 (hereinafter "BAWA"). 1. Scope of Services/Vendor Fees a. This Agreement authorizes Vendor to perform Maintenance and Repair services for BAWA Water Treatement Facilities in City of Baytown etc. of the Work (the "Work") for and on behalf of BAWA as specified in the Scope of Work attached as Exhibit "A." b. This Agreement shall commence on the date of execution by the General Manager and (if not terminated in accordance with paragraph 10) shall terminate: ❑ upon completion of the Work in accordance with this Agreement, including Exhibits; © Twelve months (12]) months following execution by the General Manager, allowing for up to 4 (four) annual renewals; ❑ the earlier of (a) completion of the Work in accordance with this Agreement, including Exhibits; (b) number of months/days (spelled out) (number of months/days [numerical]) months/days following execution by the General Manager, allowing for up to number of renewals (spelled out) annual renewals. C. The scope of the Work is detailed in Exhibit "A." d. The time schedules for the Work are specified in Exhibit "B." e. Each of these Exhibits "A" through "B" is incorporated into this Agreement by reference for all purposes. 2. Compensation and Fees a. BAWA shall pay the Vendor based upon detailed invoices submitted by the Vendor based upon the following: i. Maintenance and Repairs at Water Treatment Facilities .................$300,000.00 ii................ .... ..................................................................................... $0.00 iii...... ....................................................................................................... $0.00 iv......................................................................................................$0.00 Agreement for Services, Page 1 iv. v................ ......... .................................................................................... $0.00 vi. Total (not to exceed).......................................................................$300,000.00 b. If this Agreement allows for annual renewals, Compensation and Fees ® shall / O shall not increase annually based upon year-to-year changes in the Consumer Price Index Urban ("CPIU"). CPIU increases under this agreement shall be adjusted to reflect the CPIU sixty-four (64) days prior to the effective date of the renewed contract. Vendor understands and agrees that CPIU increases under this Agreement are not automatic. Vendor shall not be entitled to a CPIU increase unless, at least sixty-four (64) days prior to the effective date of each renewed contract, Vendor notifies BAWA, in writing in accordance with Paragraph 1(b), of its desire to obtain a CPIU increase. C. Vendor shall not exceed the fixed contractual amount without written authorization in the form of a contract amendment. d. Vendor shall invoice based upon total services actually completed during the applicable month. Invoices and all required or requested backup information shall be tendered no more often than once a month. Vendor shall not invoice BAWA for services or expenses that were incurred more than sixty (60) days before the date of the invoice. Failure to timely invoice BAWA for services or expenses shall result in Vendor's invoice being denied. e. In the event of a disputed or contested invoice, BAWA may withhold from payment that portion so disputed or contested, and the undisputed portion will be paid. f. BAWA shall pay Vendor the maximum rate permitted by Chapter 2251 of the Texas Government Code on any past due payment not received within 30 days after the payment due date. In accordance with § 2251.043, in a formal administrative or judicial action to collect an invoice payment or interest due under this chapter, the opposing parry, which may be BAWA or Vendor, shall pay the reasonable attorney fees of the prevailing party. 3. Personnel of Vendor a. Vendor's Project Manager Vendor shall designate Alex Rokhsaz, to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty (30) days advance written approval from BAWA's Representative. b. Data on Vendor's Employees Prior to commencement of the Work, Vendor shall forward to BAWA a detailed resume of the personnel that will be assigned to the Work. d. Rejection of Vendor's Employees BAWA reserves the right to approve or reject from the Work any employees of Vendor. Agreement for Services. Page 2 Revised 6/1/2026 4. Designation and Duties of BAWA's Representative a. The City of Baytown's Director of Public Works and Engineering or his/her designee shall act as BAWA's Representative. b. BAWA's Representative shall use his/her best efforts to provide nonconfidential BAWA records for Vendor's use. However, BAWA does not guarantee the accuracy or correctness of the documents so provided. Notwithstanding the foregoing, Vendor shall be entitled to use and rely upon information provided by BAWA in performing the services required under this Agreement only to the extent and level specified by BAWA in writing for each document provided. Nothing contained herein shall be construed to require BAWA to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of BAWA. 5. Standards of Performance a. Vendor shall perform all services under this Agreement with the care and skill ordinarily used by members of Vendor's profession practicing under the same or similar circumstances, time and locality. Opinion of probable costs shall be based upon the Vendor's experience and represent its best judgment as an experienced and skilled practitioner. Each submittal of opinion of probable cost shall be commensurate with the project design. Vendor shall be responsible for the accuracy of its services and documents resulting therefrom, and BAWA shall not be responsible for discovering deficiencies therein. Vendor shall correct such deficiencies without additional compensation. b. Codes and Standards All references to codes, standards, environmental regulations and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the requestor for Work is made by BAWA. ii. The Work shall be designed and furnished in accordance with the most current codes and/or standards adopted by city, state, or federal government or in general custom and usage by the profession and shall comply with Texas Department of Licensing and Regulation's rules and regulations. fii. The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Vendor if superior methods are available for successful completion of the Work. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above -listed codes and regulations. Vendor shall state the alternative codes and regulations used. Aereensent for Services, Page 3 Revised 6/1/2026 iv. Vendor agrees the services it provides as an experienced and qualified Project Manager will reflect the professional standards, procedures and performances common in the industry for this project. Vendor further agrees that any analysis, reports, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services under this Agreement will be pursuant to the standard of performance common in the profession. V. Vendor shall promptly correct any defects caused by Vendor at no cost to BAWA. BAWA's approval, acceptance, use of or payment for all or any part of Vendor's services hereunder or of the Work itself shall in no way alter Vendor's obligations or BAWA's rights under this Agreement. As applicable, Vendor shall provide BAWA with record "as -built" drawings relating to the Work in an electronic format that is acceptable to BAWA. BAWA shall be in receipt of record drawings, if applicable, prior to final payment. 6. Schedule Vendor shall not proceed with the Work or any stage thereof until written notice to proceed is provided by BAWA's Representative. 7. Insurance Vendor shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Vendor, its agents, representatives, volunteers, employees or subcontractors. a. Vendor's insurance coverage shall be primary insurance with respect to BAWA, its officials, employees and agents. Any insurance or self-insurance maintained by BAWA, its officials, employees or agents shall be considered in excess of Vendor's insurance and shall not contribute to it. Further, Vendor shall include all subcontractors, agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subcontractors and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: Commercial General Liability IN General Aggregate: $2,000,000 ■ Products & Completed Operations Aggregate: $2,000,000 ■ Personal & Advertising Injury: $1,000,000 ■ Per Occurrence: $1,000,000 ■ Fire Damage $500,000 ■ Waiver of Subrogation required ■ Coverage shall be broad form Agreement for Services, Page 4 Revised 6/I/2026 ■ No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. ii. Business Automobile Policy ■ Combined Single Limits: $1,000,000 ■ Coverage for "Any Auto" ■ Waiver of Subrogation required ill. Errors and Omissions ■ Limit: $1,000,000 for this project ■ Claims -made form is acceptable ■ Coverage will be in force for one (1) year after completion of the Project ■ Waiver of Subrogation required iv. Workers' Compensation ■ Statutory Limits ■ Employer's Liability $500,000 ■ Waiver of Subrogation required b. The following shall be applicable to all policies of insurance required herein: Insurance carrier for all liability policies must have an A.M. Best Rating of A: VIII or better. ii. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. iii. Liability policies must be on occurrence form. Errors and Omissions can be on claims -made form. iv. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to BAWA. V. BAWA, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers' Compensation and Errors and Omissions Policies required herein. vi. Upon request and without cost to BAWA, certified copies of all insurance policies and/or certificates of insurance shall be furnished to BAWA. vii. Upon request and without cost to BAWA, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to BAWA. Agreement for Services, Page 5 Revised 6/1/2026 viii. All insurance required herein shall be secured and maintained in a company or companies satisfactory to BAWA, and shall be carried in the name of Vendor. Vendor shall provide copies of insurance policies and endorsements required hereunder to BAWA on or before the effective date of this Agreement. 8. Indemnification and Release VENDOR AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE BAYTOWN AREA WATER AUTHORITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE "BAWA") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE VENDOR OR THE VENDOR'S AGENT, VENDOR UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE VENDOR EXERCISES CONTROL (COLLECTIVELY, VENDOR'S PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH VENDOR AND BAWA, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY VENDOR TO INDEMNIFY AND PROTECT BAWA FROM THE CONSEQUENCES OF VENDOR'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE VENDOR'S PARTIES' INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE VENDOR'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST BAWA FROM WHICH BAWA IS INDEMNIFIED, VENDOR FURTHER AGREES AND COVENANTS TO DEFEND Agreement for Services, Page 6 Revised 6/1/2026 THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO BAWA. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement, BAWA does not consent to litigation or suit, and BAWA hereby expressly revokes any consent to litigation that it may have granted by the terms of this Agreement or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive BAWA's immunity. Vendor assumes full responsibility for its services performed hereunder and hereby releases, relinquishes and discharges BAWA, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Vendor's services to be performed hereunder. This release shall apply with respect to Vendor's services regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 9. Subcontractors Vendor shall receive written approval of BAWA's Representative prior to the use of any subcontractors. A copy of all proposed contracts with subcontractors shall be given to BAWA before execution of such contracts_ 10. Termination of Vendor BAWA, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon written notice from the General Manager to Vendor of BAWA's election to do so. Furthermore, BAWA may immediately and without notice terminate this Agreement if Vendor breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due the BAWA from Vendor or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Vendor; (d) the dissolution of Vendor; (e) refusing or failing to prosecute the Work or any separable part with the diligence that will ensure its completion within the time specified in this Agreement, (f) failing to complete the Work within the time period specified in this Agreement; and/or (g) the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Vendor shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Vendor shall submit a final statement showing in detail the services Agreement for Services, Page 7 Revised 6/1/2026 satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to BAWA, Vendor shall also tender to BAWA's Representative all of Vendor's instruments of service, including all drawings, special provisions, field survey notes, reports, estimates, and any and all other documents or work product generated by Vendor under this Agreement, whether complete or not, in an acceptable form and format together with all unused materials supplied by BAWA. No final payment will be made until all such instruments of service and materials supplied are so tendered. If this Agreement is terminated for cause, Vendor shall be liable for any damage to BAWA resulting therefrom. This liability includes any increased costs incurred by BAWA in completing Vendor's services. The rights and remedies of BAWA in this section are in addition to any other rights and remedies provided by law or under this Agreement. 11. Records Within ten (10) days of BAWA's request and at no cost to BAWA, BAWA will be entitled to review and receive a copy of all documents that indicate Work on the Project that is subject to this Agreement. 12. Supervision of Vendor Vendor is an independent contractor, and BAWA neither reserves nor possesses any right to control the details of the Work performed by Vendor under the terms of this Agreement. 13. Billing BAWA shall have thirty (30) days to pay Vendor's invoices from the date of receipt of such invoices and necessary backup information. All invoices must identify with specificity the Work or services performed and the date(s) of such Work or services. In the event of a disputed or contested invoice, the parties understand and agree that BAWA may withhold the portion so contested, but the undisputed portion will be paid. Vendor shall invoice BAWA for Work performed no more than once a month and may not invoice BAWA for Work not performed. Invoices shall be received by BAWA no later than sixty (60) calendar days from the date Vendor and/or its subcontractors perform the services or incur the expense. Failure by Vendor to comply with this requirement shall result in Vendor's invoice being denied and BAWA being relieved from any liability for payment of the late invoice. BAWA shall pay Consultant the maximum rate permitted by Chapter 2251 of the Texas Government Code on any past due payment not received within 30 days after the payment due date. In accordance with § 2251.043, in a formal administrative or judicial action to collect an invoice payment or interest due under this chapter, the opposing party, which may be BAWA or Consultant, shall pay the reasonable attorney fees of the prevailing party. 14. Indebtedness If Vendor, at any time during the term of this Agreement, incurs a debt, as that word is defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware that Vendor has incurred a debt, the City's Director of Finance shall immediately notify Vendor in writing. If Vendor does not pay the debt within thirty (30) days of either such notification, the City's Director of Finance may deduct funds in an amount equal to the debt from any payments owed to Vendor under this Agreement, and Vendor waives any recourse therefor. Agreement for Services, Page 8 Revised 6/1/2026 15. Verifications If Vendor has ten (10) or more full-time employees and Vendor's total compensation under this Agreement has a value of One Hundred Thousand Dollars ($100,000.00) or more, Vendor makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government Code: a. the Vendor does not boycott Israel and will not boycott Israel during the term of the contract to be entered into with the Baytown Area Water Authority; b. the Vendor does not boycott energy companies and will not boycott energy companies during the term of the contract to be entered into with the Baytown Area Water Authority; and C. the Vendor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. 16. Governing Law This Agreement has been made under and shall be governed by the laws of the State of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. 17. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For BAWA: For Vendor: BAYTOWN AREA WATER AUTHORITY Attn: General Manager P. O. Box 424 Baytown, Texas 77522-0424 Marian Services LLC DBA Northstar Industiries Attn:Atex Rokhsaz 1714 Broadway St Houston, TX 77012 Agreement for Services. Page 9 Revised 6/1/2026 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days written notice is given of such new address to the other party. 18. No Third -Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Vendor and BAWA only. No person or entity not a signatory to this Agreement shall be entitled to rely on Vendor's performance of its services hereunder, and no right to assert a claim against Vendor by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Vendor's services hereunder. 19. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, BAWA and Vendor hereby agree that no claim or dispute between BAWA and Vendor arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that BAWA is subjected to an arbitration proceeding notwithstanding this provision, Vendor consents to be joined in the arbitration proceeding if Vendor's presence is required or requested by BAWA of complete relief to be recorded in the arbitration proceeding. 20. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 21. Complete Agreement This Agreement represents the entire and integrated Agreement between BAWA and Vendor in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral, on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. BAWA and Vendor accept and agree to these terms. 22. No Assignment Vendor may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of BAWA Manager of such sale or assignment. BAWA may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of BAWA. 23. Headings The headings used in this Agreement are for general reference only and do not have special significance. 24. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Agreement for Services, Page 10 Revised 6/1/2026 25. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 26. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the _ day of , 20, the date of execution by the General Manager of the Baytown Area Water Authority. BAYTOWN AREA WATER AUTHORITY (Signature) (Printed Name) (Title) ATTEST: ANGELA JACKSON, Assistant Secretary APPROVED AS TO FORM: (Signature) (Printed Name) (Title) Agreement for Services, Page 11 Revised 5/7/2026 VENDOR: Northstar Industries (Printed Name) "1-�'1k N (Title) STATE OF TEXAS COUNTY OF HARRIS § Before me on this day personally appeared A l QX 9= QkkQ a?.._ in his/her capacity as C?wLu'r , on behalf of O known to me; ❑ proved to me on the oath of ; or proved tome through his/her current -1-N fi�L (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this t' day of 20 2� - - - CESAR MENDEZ ttM+u K tu,ffAM0F> otary Public in and for the State of Texas [ e-- o@ 133437477 cant¢ta. 01-29-203"0 RAScott\Contracts\Contraot Templates\BAWA\Non-Professional Services Template -Non Grant (Fillable) - BAWAdocx Agreement for Services, Page 12 Revised 6/1 /2026 EXHIBIT A BID NUMBER: 26-0120 The Contractor shall provide labor, equipment, tools, materials, supervision, transportation, and incidentals necessary to perform maintenance, repair, rebuilding, and fabrication services for equipment utilized at the City's water and wastewater treatment facilities. The Scope of Work shall include, but not be limited to, the following: 1. Provide corrective maintenance services necessary to restore equipment to normal operating condition in the event of a mechanical or electrical failure. 2. Perform repairs by replacing worn, damaged, or defective parts to return equipment to full operational capability and correct deficiencies identified during routine maintenance inspections or emergency breakdowns. 3. Furnish all services required to complete the work described in the technical specifications and any related contract documents. 4. Services shall be provided on an as -needed, intermittent, and unscheduled basis. The City does not guarantee a minimum quantity of work under this contract. 5. The Contractor shall be capable of inspecting, diagnosing, repairing, rebuilding, and restoring equipment commonly used in water and wastewater treatment facilities, including, but not limited to, the following: a. Mechanical bar screens, conveyors, and other headworks equipment. b. Blowers, including centrifugal and positive displacement blowers. c. Water and wastewater pumps, including submersible, centrifugal, vertical turbine, split -case, dry well, self -priming, and other pump configurations. d. Gear cases, gearboxes, speed reducers, and related power transmission equipment. 6. The Contractor shall be capable of rebuilding and rewinding electrical motors of various types and sizes up to 400 horsepower (HP), including hollow -shaft vertical turbine motors. 7. The Contractor shall provide general metal fabrication, welding, machining, and structural repair services for treatment process equipment, including but not limited to clarifiers, skimmer arms, baffles, aeration equipment, and other associated components. 8. The Contractor shall be capable of fabricating replacement parts for obsolete or discontinued equipment and performing modifications or retrofits necessary to install newer equipment when existing equipment is no longer repairable or supported by the manufacturer. 9. All work shall be performed by qualified personnel in accordance with applicable federal, state, and local regulations, manufacturer recommendations, industry standards, and the City's safety requirements. i0:4" Normal working hours are Monday through Friday, 7 am to 5 pm. Overtime and after hours are before or after normal working hours and weekends. Holiday hours will be New Years Day, Thanksgiving Day and Christmas Day, 12 am through 1 1:59 pm of that day. Time does not start until the vendor arrives and time ends when the vendor leaves. Travel time is not paid. City of Baytown = TEXAS GOVERNMENT CODE VERIFICATIONS M70(for Companies with 10 or more full-time employees entering into a contract with a %afire of $100.000 or mOTC) Pursuant to the 'Texas Government Code, 1, Alex RoRhsaz the undersigned representative of Marine Services LLC. DBA Northstat Industries referenced company (the "Company ") (Company Name), do hereby verity the following for and on behalf of the above - the Company does not boycott Israel and will not boycott. Israel during the term ol'the contract to be entered into with (lie City of Bavto n: b. the Company does not boycott energy companies and will not boycott energy companies during the term of the contract to be entered into %\ ith the City of Baytown; and c. the Company does not have a practice, policy, guidance. or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the tern of the contract against a firearm entity or firearm trade association. In making this verification. I understand that the following definitions apply: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically ticith Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. "Boycott energy company" means. without an ordinary business purpose, refusing to deal with, terminating business activities kith. or otherwise taking any action that is intended to penalize. inflict economic harm on, or limit commercial relations with it company because the company - a. engages in the exploration, production, utilization, transportation. sale. or manufacturing of fossil fuel -based energy and does not commit or pledge to meet environnmcntal Standards beyond applicable federal and state law; or b. does business %with a company described by Paragraph (a). 3. "Discriminate against a firearm entity or firearm trade association" means, witlm respect to the entity or association, to: a. refuse to engage in the wade of aril' goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association, 1). refrain from continuing an existing business relationship \\ ith the entity or association based solely on its status as a firearm entity or firearm trade association: or C. ternninate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; but does not include: a. the established policies of a merchant, retail seller.. or platform that restrict or prohibit the listing or selling of annniunition, firearms, or firearm accessories; and b. a company's refusal to engage in the trade of any goods or service., decision to refrain From continuing an existing business relationship, or decision to terminate an existing business relationship: (1) to comply with federal, state, or local law, policy, or regulations or a directive by it regulator agency-. or (2) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association s status as a firearm entity or fireann trade association. EX CUTED this the 2 day of J'tine_ . 2UA Printed Namerrille COUNTY nl' fr t 1 fare 1pre. the undersigned notary public, yn this day �,1xrsonalh appeared kre- \n a SA Z . the hCY ('fitle)of NC f.11,g �r 1.r�,�t g�rtcC (Company Name). knox mm to me to be the person \w ose name is subscribed to the foregoing instrument, who after by me being duly sNrom, did swear and affirm that the above is true and correct. (it\en under my hand and seal of office this Z day of t20X M MENDEZtC,BT�TEacrou9 ublic in anti for the State of—Tpre� S 3437477t'Cf)?O2+ \ I 01-29-2030 Orig. Dept.: File/I.D. No.: INSTRUCTION: ENTITIES USING AN ASSUMED NAME SHOULD DISCLOSE SUCH FACT TO AVOID REJECTION OF THE AFFIDAVIT. THE FOLLOWING FORMAT IS RECOMMENDED: CORPORATE/LEGAL NAME DBA ASSUMED NAME. STATE OF AFFIDAVIT OF OWNERSHIP OR CONTROL COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Alex Rokhsaz [FULL NAME] (hereinafter "Affiant") Managing Director [STATE TITLE/CAPACITY WITH CONTRACTING ENTITY] of Marine Services LLC DBA Northstar Industries [CONTRACTING ENTITY'S CORPORATE/LEGAL NAME] ("Contracting Entity"), who being by me duly sworn on oath stated as follows: Affiant is authorized to give this affidavit and has personal knowledge of the facts and matters herein stated. 2. Contracting Entity seeks to do business with the City in connection with Main. & Repairs at Water Treatment Facilities [DESCRIBE PROJECT OR MATTER] which is expected to be in an amount that exceeds $50,000. The following information is submitted in connection with the proposal, submission or bid of Contracting Entity in connection with the above described project or matter. 4. Contracting Entity is organized as a business entity as noted below (check box as applicable). FOR PROFIT ENTITY: NON-PROFIT ENTITY: r_lSOLE PROPRIETORSHIP M NON-PROFIT CORPORATION M CORPORATION UNINCORPORATED ASSN. ❑ PARTNERSHIP LIMITED PARTNERSHIP JOINT VENTURE Q LIMITED LIABILITY COMPANY �j OTHER (Specify type in space below): The information shown below is true and correct for the Contracting Entity and all owners of 5% or more of the Contracting Entity and, where the Contracting Entity is a non-profit entity, the required information has been shown for each officer. [NOTE: IN ALL CASES, USE FULL NAMES, LOCAL BUSINESS AND RESIDENCE ADDRESSES AND TELEPHONE Affidavit of Ownership or Control, Page i Ong. Dept.: File/I.D. No.: NUMBERS. DO NOT USE POST OFFICE BOXES FOR ANY ADDRESS. INCLUSION OF E-MAIL ADDRESSES IS OPTIONAL, BUT RECOMMENDED. ATTACH ADDITIONAL SHEETS AS NEEDED.] Contracting Entity Name: Northstar Industries Business Address [NOJSTREET] [CITY/STATE/ZIP CODE] . 713 923-6688 Telephone Number (� Email Address [OPTIONAL] 1714 Broadway St Houston, TX 77012 info 9 north sta rind. net Residence Address [NOJSTREET] 29912 Post Oak Run [CITY/STATE/ZIP CODE] Magnolia, TX 77355 Telephone Number [OPTIONAL] (� Email Address [OPTIONAL] 5% or More Owner(s)/Officers of Non -Profit Corporation (IF NONE, STATE "NONE.") Name: Alex Rokhsaz Business Address [NOJSTREET] 1714 Broadway St [CITY/STATE/ZIP CODE] Houston, TX 77012 Telephone Number 7( 13 = 923-6688 Email Address [OPTIONAL] Infognorthstarind.net Residence Address [NOJSTREET] 29912 Post Oak Run Magnolia, TX 77355 [CITY/STATE/ZIP CODE] Ma g Telephone Number [OPTIONAL] (� Email Address [OPTIONAL] 6. Optional Information Contracting Entity and/or [NAME OF Affidavit of Ownership or Control, Page 2 Orig. Dept.: File/I.D. No.: OWNER OR NON-PROFIT OFFICER] is actively protesting, challenging or appealing the accuracy and/or amount of taxes levied against [CONTRACTING ENTITY, OWNER OR NON-PROFIT OFFICER] as follows: Name of Debtor: Type of Debt: Account Nos.: Case or File Nos.: Attorney/Agent Name: Attorney/Agent Phone No.: Delinquent Years/Months: Status of Appeal [DESCRIBE]: Affiant certifies that he or she is duly authorized to submit the above information on behalf of the Contracting Entity, that Affiant is associated with the Contracting Entity in the capacity noted above and has personal knowledge of the accuracy of the information provided herein, and that the information provided herein is true and correct to the b f Affiant's knowledge and belief. Alex Rokhsaz Affiant SWORN TO AND SUBSCRIBED before me this Z day of 31A , 20L.r;. (Seal) CESAR MENDEZ NOTARY MAX, STATE OF TEXAS n• 133437477 TZ; c in and for the State of COOK EM 01-20-2030 NOTE: This affidavit constitutes a government record as defined by Section 37.01 of the Texas Penal Code. Submission of a false government record is punishable as provided in Section 37.10 of the Texas Penal Code. Attach additional pages if needed to supply the required names and addresses. R:UCaren\FileslContmots\Affidiavit of Ownership or Control.doc Affidavit of Ownership or Control, Page 3