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HomeMy WebLinkAboutContract 52722 .`N'.iy G11 S METARY CONTRAC`1°NO., -7<9 5E4~3�019 CONTRACTOR SERVICES AGREEMENT GiT���SESA NEW FUEL TANK AND INSTALL FOR STATION#17 ITB No. 19-0198 This CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and All-Tech Fuel Systems ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duty authorized Vice President, Travis Mont ocry. This Agreement shall be effective as of the Effective Date established herein. AGREEMENT DOCUMENTS: The additional documents comprising this Contractor Services Agreement shall include the following: 1. Attachment A — The Contractor's response to City's Invitation to Bid, inclusive of Addendum No. I ("ITB"),excluding Part V,Attachments E and F thereto; 2. Attachment B Verification of Signature Authority Form (ITB Part V, Attachment H). Attachments A and B are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachment A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES Contractor hereby agrees to provide The Delivery/Installation on a concrete pad of a permanent New 1,000 gallon fuel tank at Fire Station #17. Services for the City of Fort Worth Fire Department as per Attachment A which more specifically describe the services to be provided hereunder. 2. TERM This Agreement is effective as of the date subscribed below by the City's designated Assistant City Manager ("Effective Date") and shall expire upon the completion of the services or 365 days from the Effective Date, whichever occurs first. ("Expiration Date"). 3. COMPENSATION City shall pay Contractor in accordance with the provisions of this Agreement and Attachment A. Total payment made under this Agreement per term shall be the amount of $27,820.63 ("Contract Amount"). Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION/CANCELLATION Termination: The City reserves the right to terminate this agreement, or any part hereof, with or without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of Termination" specifying the extent to which performance of work or the goods to be order is terminated and the date upon which such termination becomes effective. OFFICIAL RECORD CITY�Ci OFTARY 19-0198 New Fuel Tank and Installation for Station 17 Aajel"THP TX Contractor Services Agreement 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. The Contractor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the reasonable satisfaction of the City, incurred as a result of the termination. In no event shall the total of all amounts paid to the Contractor under this section exceed the price stated in the Agreement. The Contractor shall not be reimbursed for any profit which may have been anticipated, but which has not been earned up to the date of termination. Cancellation: City shall have the sole right to cancel this contract prior to the commencement of work should there be a change in the need for the product or services as determined by the Department Head or his/her Assistant City Manager. Non-Appropriation of Funds: In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then City will immediately notify Contractor of such occurrence and this contract shall be tenninated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to City 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. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. Unauthorized Access. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and. subcontractors. Contractor acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor. 19-0198 New Fuel Tank and Installation for Station 17 Page 2 of 9 Contractor Services Agreement Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 7. LIABILITY AND INDEMNIFICATION LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES S. ASSIGNMENT Contractor shall not assign any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9. INSURANCE AND BONDING Contractor shall provide City with certificate(s) of insurance documenting policies of the types and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect prior to commencement of any work pursuant to this Agreement as provided for in the ITB (Addendum No. 1). 10. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS Contractor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations as set forth in Part IV, Section 14 of the ITB. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. 11. NON-DISCRIMINATION COVENANT 19-0198 New Fuel Tank and Installation for Station 17 Page 3 of 9 Contractor Services Agreement Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including Chapter 17, Article III, Division 3 of the Fort Worth Code. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 12. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by electronic means with electronic confirmation of the transmission, or(3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To: Travis Montgomery City of Fort Worth Contractor business name Attn: Valerie Washington All-Tech Fuel Systems 200 Texas Street Fort Worth, TX 76102-6314 Email:Valerie.washington@fortworthtexas.g_ov Phone: 214-868-0689 Phone: 817-392-6192 Facsimile: Facsimile: (817)392-8654 281-521-7077 With copy to Fort Worth City Attorney's Office at Email: same address ismith@alltechftrel.com 13. SOLICITATION OF EMPLOYEES Neither City nor Contractor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent Contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who independently responds to a general solicitation of advertisement of employment by either party. 14. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 19-0198 New Fuel Tank and Installation for Station 17 Page 4 of 9 Contractor Services Agreement 15. NO WAIVER The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. GOVERNING LAW/VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions sllall not in any way be affected or impaired. 18. FORCE MAJEURE City and Contractor shall exercise their best efforts to meet their respective duties and obligations as'set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, acts of the public enemy, fires, strikes, lockouts,natural disasters, wars, riots,material or labor restrictions by any governmental authority and/or any other similar causes. 19. AMENDMENTS/MODIFICATIONS/EXTENSIONS No amendment,modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 20. ENTIRETY OF AGREEMENT This Agreement, including its attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their respective assigns and successors-in-interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 21. WARRANTY Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. Contractor 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 applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract. Additional specific warranty provision are found in ITB, Part III, Section 9. City shall give written notice of a breach of any warranty within thirty (30) days from the date that the cause for same is discovered. 19-0198 New Fuel Tank and Installation for Station W Page 5 of 9 Contractor Services Agreement 22. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification frorn the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. 23. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 24. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 25. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had an opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or its attachments. 26. COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 27. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Contractor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Attachment C. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 19-0198 New Fuel Tank and Installation for Station 17 Page 6 of 9 Contractor Services Agreement ACCORDINGLY, the prnliies hereta have duly executed this Agreement and established lipe Effective Da#o gas being the daft wbscrlbed by the City's designatcd MLsktant City Managar. CITY OF FORT WORTH: CONTRACTOR: Travis Monigumery u. VAJcric washing#rm N te: 7aiol � �u+ '1 RIc'. Assi.wim City lViamagur ilia, V-P APPROVAL RJECO11 MEND1ED: 8y: \- , .� Maine:hmes Davis Title: Fire Chief � F By: }' i a c: Nivy.l. I:ayser 'I IL10 City Sc(: tUiry �r APf'RO AS ' FOR 1+1 AND LEGALITY: CONTRA I' COMPLUNCi'MANAU,It: By signing I ac nowle<dp that t am the pet'son '' tc sprxttisible for the monitoting and Name. Duug1�s Black adti�irris#rltlioji Of this uor�irac#, including!'�#Io: Sr. sis#unt City Atio171C eti=ling al I perfonnance and reporting (10 lVa requirements. tCFiI � Date- 12954 By: Name: Mark IWU'29eher `ritlo: AssisWa Director 0F1: J.)is k1CIAL Rb" ") CITY SE�:lf�ETAII-0: 19•oI9a New Fuel Tank xnd i+tstaltatlon For Station 17 Jf.I � [I C 4rntract4T Servicos Algreament ATTACHMENT A (Inserted behind this page) 19-0198 Fuel Tank and Installation for Station 17 Page 8 of 9 Contractor Services Agreement ATTACHMENT FoRTWORTH. I CITY OF FORT WONT'r PURCHASING DIVISION INVI'1'aJ MN TO BID FOR A PUBLIC WORKS SERVICE tRFQT NO. 19-0190, FUEL TANK AND iN5TALL FOR STATION 17 aID CLQSING DATE, July 16, 2019 1.0,00AM For ludher lnrarmstion Contact: Jeff Cope, Pus hesing Suporvlsor FAX (817) ai3 -i3440; em€IiJ; 1FMSPurchasinaReiipolisos(Mrortworthtexas.cro�r The Olty of Foil Worth peaRi5 bids for furnishing a fuel tank and installation services ancffor equipment as set forth ire Ihls Ii10atkin to 130. BIDS MUST DE RECOVER BY THE PURCHASING OFFICE by 10:00AM (local time) ON THE 13ID CLOSING DATE IN ORDER TO BE CONS)DERED_ Slds shall be anxllled,faxed, mailed or hand deliveredta the following address: City of Fort Worth, Purchasing Division, Lower Level,City Hall, 200 Texas Street, Fort Worth4 Texas 76102 Bids detivered by spacial courier (I,e_ Federal Expros5, Special Delivofy etc,) are to be rnarkod orr the outside of the caurier's ahipping envelope '810 No. 19-0198, FUE t- TANK AND INVALL FOR FIRE STATION 17." AND MUST BE DECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 10:00am DEADLINE IN ORDER TO BE CONSIDERED, The Orly is riof rasps rnslb+e (:or relrrevfrtg a oubfrritfetj bid (rf�rtr its mail Processing cenler, OaIWIs Wilt W a 01d9d to M9 laINOSI MSPanslve and msponsftde bklctorfs) ocrmplygyZ with 48 of the Provlsiops of(ha RFW provrsred the bid pfka Is roasoaabia, and It +s In the best h7terest of(he city to accept If. Should tither Obvernmental a ntille5 deride to participate In Ihrls contract, wvtild you. the Contractor, agree that all leans, conditions, specificalIons, end pricJng shaII apply(see Parl Ilr Section 13)1 Yes '1/ No Sy elgnitig befow, I certify that I have read the atlachad Parts I-VI and aIT attachments thereto wuld agree to all of the terms, conditions and requirements contained herein. FBI#ure ft; complete the r"utstad 11ifoFmotEgri balow will result Jn refection oT our bJd. Company dame and Address: Alt-Tech fuel Systems S50 Brockilne Rd Katy,TX Federal Ili Plumber(TIN)., 1-75-3111723-6 Com ny's Authoriz— Agara lame I1d rJlla �'r vj; 5igr�at�Ir hale:711=019 TejalOhone Number'281-530-0000 Eft3laddm ': tmarrtg0n3e6Qa1 fu om FairNvmber:2g1-521-7077 PaOe h or sa 13FCI Iastj(0 Mmy,701i4 i CONTENTS • Fart I Stop@ of Services fSpeclfrc Bid Irlforrnetion Flad I-A' Bid Solicilation Form • Part 11 1 Instructions ID Bidders ■ Parl III Specific Terms and Conditions • Perk IV Generel 'Perms and CoMitions ■ Part V Attachments A-G • Fart VI Agreement Form 19-0108 Fuel Tbrii 81W Install fad I im Stelian 17 Pegs 2 of 34 RrQI lm ad,kgy 2,.2iN9 11 195 Fuel Tank Install ror Fire StAan 17 Pre 2 of 44 PART - I SCOPE OF ERVICE 15PE CIFI 131D INFORMATIONIQUE TIONS 1.0 5COPE t. i nie Clly of Fork Worth (City) seeks bids le awarcl a contract for burying and installirtg a permaverll new 1,0DD gallon fuel tank Fot the Fire Department. t 2 The City reserves the right to request addlfio,ial tLervicos consistent with the general mature of the scope of work, The City farther reselvea the right to adjust the score of work vW issuance of a chlarsge order 1,8 DelivorylInstallation Address, 5151 Hemphill St., Fort Worlh TX 76115. 1.A Fjjel tank mint be Installed on a concrete pad 1_5 Pour concrete pad l0 hold foal tank-W x 1 "concxate pad 10*thick with - rebar I'S 1,000 gralJon Fireguard&UL 205 Cyllrldrlc�al Saddle Tank 1.6.1 UL 142& UL 2085 k. bi*Single Compartmant 1.62 70" vide x 78" tong 4,800 lbs. 1.8.3 (2) 0" Emergency vents Itislalled 1.6.4 (4)4"Female threaded couplings 1_6,5 (1) 2'Monitor 1.6.6 Sand biasted& painted white polyurethane 1,61 2'Vent diesal 1.6.0 Overfill Omntec mmich with alarm 1,6.9 Universal tank top apilI box wally adapter and cap 1,8,16 TurhIll311 with 18111, hanging 17eroware 1,6.11 Decal kit 11 permEmerrtiy The-lri to existing eJectrlcal connection 1_8 Musk meat TCEQ current rWe�;arid rejjuiations 1.9 Dull Permit with the City of Fort Worlh, 1.10 Includes crane and labor for inskallallon and inspection 1.11 Costs osscclated with the specified work, including but niA limited to handling, delivery, fuel eharges, and any other fees. No additional charges will be accepted or paid by the City. All items sappiled rerrittirrg from this bid shall be of ratenl produc0on, unused, and suitable for their inierrde-d purpose_ 1!9�Df9a Fuel Tank and [Wall rot Fire Station t 7 Page 3 of 34 PF01 Issued July 2.2016 19-0195 Fuel Tank Inetall for Fire Stalion 17 Rage 3 of 44 1.12 PRDDUCT SPECIFICATION 1 12_1 Any manufacturer's names, trade nimnes. brand names trrforrnation andlor catabg riumbem listed in this spacificatlon are for information and not Intended to limit compelition unless Qthetwlse Indhcated. Bidders may of#et'any brand for which lie/she is an authorized represenlatW, which meets or exceeds the bid speciftcatlon for any itern(s) listed "rein. If bids are N rsed Qn egtrivalertt products, indicate on the laid soltcitatlon the manufacturer's pWurt name and reference number. 1.12.2 Bidders shall submit proposals, cull, sketches, and descriptive literature, ondlor complete speciflasWns. Bidders shall expialn the reason(s) wby the propoz;ed,equlvalent wNl meet the speclfcattons and not be canskiered an exception thereto. Bids which do not comply with these requirements are subject to rejection. Bids lacking any written Indlcallon of intent to bM an alternate brand will be received and considered Irtcurrrplete. 1.1 _3 The Pufchasing Man siger or designee wilt Evaluate"equal'product on the basis of Informatiorl furnished by I-AJder or Identified In the bid and reasonably ei ellablu to the Purchasing Manager, The Purchasing Manages or designee in not respom�ible for locatlnV or obtaining any InFormation not Identified in the offer. 1.12.4 Unless the bidder clearly IndiCaleo In Its bid that the product being offered is an °equal" product the bidder shall provIde lha brand name product referenced in the bid. 1.13 The s►rccessful bidders) shell be known hereafter�is 'hCorttraetor+. 2,0 TERM The Cily intends for this to be-� one•tlme purchuse. 3.0 OMITTED 4_0 SCHEDULE AND ADDIVONAL 910 REQUIREMENTS Bids shall be responsive to this Part I and Part I-A , 4A Any bid that does not include a response for ,AI-L of the raquested services or) the Bid Solicitation Form may be re*tetl. Award may be made without discuesron with 8iddera after bids are r+eaelved. Bids should, therefore, be submitted on the most favorable terms, 4_2 Schedule of Bid Events: RFQT Releatte Cato July 2, 2019 Pfe-Old i:onfeiance NONE Deadline for Questions July 9,2019 al 5:00 PlVI (Local Time) Answeis Posted ,July 10. 2019 at S:OQ PM (Local Time) Response to RFQT Due .July 16, 2019 by 10.'00AM Local Tire) Anticipalad Award of Contract Bale July 49, 2019 4,3 SIdders shall submit the feJlowing Terns with their bid' 4.3.1 A Completed and signed erl2inzil Inailathun to Bid (RFQT)Cover Sbeet; 4.3.2 A completed and srgrted original Hid Soliakation Form (Part I-A); 4,3,3 A completed and slgned original Conflict of Interest Questionnaire 1Parl V. Atimltment A); 4.3.4 A completed B.Idder's Contact Informolion Form(Part V,Attachment B); +4,15 A completer! Conslderallon of Locatlon of Bidders Principal Place of 13uslneN5 (Part V. Attachment Q. 19.010E Fuel Tanis End InstaN for Pro SIativrp J7 Page 4 of 34 RFQt 1e1b0d,)aHW Z zois 19-0195 Friel Tank Install for fire 61€ttlon 17 Page 4 of 44 4.3.6 A completed ReFerence Sheet (Part V,AI#achment D): 4,3.7 All items listed In fart II, Section 3.0. Bidder's Qualificallons: 4A The submission of a bid by Ilse bidder shall he considered evidence of compliance with these requlraments. Failure to submit the Items listed herein may be grounds for rejection of a bid as non-responsive, 5.0 METHOD OF AWAR Gontract(s) will be awarded the lowest responsive and responslbio bidder complying with all of the provls;ens cf tha RFQT. ProVided the bld price Is rea-em.abiu and it is In the ball Interest of the City to aceept It, 6.0 RMSERVATIONS In order for IN City to receiVe adaguate coverage on Its sarvices needs. the City e�cpreasly reserves the following rights; 6-1 to rn@ke multiple contract awards; 62 to accept or reject In whole or In part any or all hlds recslved and to make an award orl the basal of indlvidual ROM. combination of Items, or overall bid, as it is deemed in the best Herest of the City. 6_1 to consider and accept alternate bids. If specifled In the RFQT, when most advanWgiuous to She City; 6.4 to waive as an informality, minor davJ*tlans from specifications provided they do T-ot affect competition or result In functlunally unacceptable gouda or�;ervlcua. 6.6 to waive any mirror informality art any hid or RFQT procedure (a mirror Inforrrlallly is one that dries nol atfW the cornpetifivenass of the Bidder). 8.6 to add addRional terms or rnodiry existing terms in the RFQT by addendrlrn prior to the bid opening dale; 61 to reject the bid bf a Bidder who has previously failed to perform properly ar complete on Wrw agreaments of a similar nature; 6.8 to avaluate bids in relalinn to the performance record of Bidder wltl1 the My, another munlclpai corporation or private corporations during I" pas] two-year period, Such precautions are deemed to be in the public interest Inaarnuch as orntractor`s failure ar Inability to Furnish items MOM the Preacdbed lime can create ernargenoy situations and impose unrlecesssfy hardship on both the City and the publlc at large: 6.9 to rgjac#a bW because of unbalanced unit prices; 6.10 to Specify approximate puantrties in the RFQT; 6A1 to extend the RFQT opening [late and tune; 6.12 to relssue an RFQT: andfor 6A 3 to procure any Item by other means, ]D-0108 Fuel Tank and Install for Fire±elation 17 Base 5 of 34 RFQt I0.sued Jay 2.2019 'I9-0195 Fuel Taal; Install €car File Statioil 17 Page 55 of 44 7.0 gur: TIONS QijestWiis, explanatlons or darilr=itlons desired by a Ridder regarding any part of Iht?bid must be requested at detaJJed Jr1 Part 11, S,Mion 2.0. Ems11 gtieoWns to; FM PgMhasln9LRe5bonses Earlworthtexas,cgov Pldders must elude the RFQT rivm aer, name of the bid and The name of The buyer Cn Ilia RAest line. Mense note, If an e-mail confirrong receipt of your a-mall is not received within I busine58 day, please conlAct City of Fort Worth Purohaslrig at 817-392-2462. If by facsimife; (017) 392-8440,Attentlorl; Jeff Cope and RFQT 19-0198, 19-019B Fora]Tank and Enstall for Are Slabon 17 page 4 or-34 RFQI 18slmfl July Z 2019 19-0195 Fuet Wank Install for Flre Station 17 Page 6 of 44 PART €-A BID SOLICITATION FORM 19-0190 FLlel Tank and Ins[411 for Fire&allorl 17 Page 7 of 34 RFQI Jr.%Wd JOY 4 201Q I MI 96 Fuel Tank 1 nutall for Fire Statbn i 7 Page 7 of 44 BID SOLICITATION 1310 OPENING DATE AND TIME W'15120t9 '10:00:001.4M 1310 NO 113ER, 0-019E1 :J*ffc000 r'I��IVE.� (817}3Q2-��"J3 V Vendor Wime A Tee L, ti ke & eYl 5 C%r of FI WoTth I`I N Address: rock t Y�r I 5(m) .♦=nllx Great p p f-ORT W DRTH IN 715115 R COY.;�,nie-?.![I Calla, e- 'i 7 U H#rr� Class-He�ai Duandty liolf Vnil P#iCe Total 1.000 1.i'rl'kfr CIly Or Fort Wart#ti(City)aepM bids to award 4 tar,Frori for biryfng erid Inafa8ing a perm mi3t trout 1,000 garlon rucl lank far II in Flee Depa ment. 2_l}�ltl 1.060 90IEGn Flreguwob UL ZN CyrardrJeai Soddla Timvk 1 EA 27,820.63 27,a20_63 (Brand rwrgn tk#Innpude rnAnukutumr ogwl)Namo and Pod Nwrlhaw qud iiriq_Kewbeny Tanks TOTAL: 27.8D_ 3 WE AGREE TO FURNISH ANY OR ALL OF TftE ITEMS QUQTGrJ AT THE IRfCES;:HOwN.000TE ii MUST f3€HE4la FIRM VCR PERIOD OF W UAY9. TERM OF PA'fMeNT: �� f1���: �►`p r Y rc c 1e 1- r' �7i1� ""'j"''' COMPAN Y; Al l e t, �, DELI VF;RY: 8- 10 k jo S 1C-� rs��Fe,� J I ti o,`r,k 1Cr 3 i�h�t4�1►�1� 1 SIGN A7URE:TCiBf'HOPiE NUMSt-IR: 281.8 4 000u NAMEANDTITLE: ntstamery Vlea rmIdtrre 19-0795 Fuel Tank Iii Mal I for F.Ire 51a1ion 17 Page 6 of 44 PART - 11 Instructions to Bidders 1 0 REYIEW OF DOCUME TP Bidders are expected to examine all Obcuments that make up the InAatfun to Bid ('RFQT'). Bidders shall promptly notify the City nt any omission, ambiguity, inconsiMency rar error Ihal they may discover Gipan examination of the RFQT. The City sssurxtes no fesgonsIbility for any errors or mtsrepreserilations that resrrft from the use of innmplate R( QTs_ 2.0 EXPLANATIONS OR CLAk4IFICATIONS 2,1 Any explartatioo, clarification, or inkerprelation d&srred by a Bidder regarding any paft of the RFQT must be requested in writing from the Purchasirig Division or the Project Manager and muss he received as per the schedule established jr) Par1 I. SWiion 4. Interpretations, cofreWons, or changes to the RFQT shall be comrrtiunlcated by addendum to all Xn wn prospeclive Bidders, Cog1 MUnications made In any other manner are riot binding upon the City arrd Bidders shall not rely upon such communivatlons, including oral expfanatl%�s of Josiructions provided at any pro- bed conference, Any oral communications stated by any depaftment are considered unofficial afsd non-Binding with regard to this RF0T 22 Requests for explanations or clerificatI6ns may be emaiied to the Projerrtt Manager or faxk to the City's Purchasing Division as provided in fart I, Section 7_ The cornmunicatim must clearly Idontlfy the Contractors name and the RFQT number. 2.3 Unautl3orized Communications, Bidders' contact regarding this RFQT with employees or officials of the Oily other Ihan Me Purchasing Marlgger. the Minority and Women Jsuslnuss Fflterprlse (MANBE) Office, the Projecl Manager or as otherwlau Indicated In the RFQT Ia prohibited and may result in d{squelifrr�Hon from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, vernal or written, w kb qny members of the City Council, City staff or City's consuttants, or directly or Indirectly through others, seer to Jnffuence any City Qourtull member, City staff, or City's consultants regarding arty matters pertaining to this RFQT, except as Iiereln provided. Any violalion of IN& prnhibMon may rosrrll in the Bidder being disqualified from rl�e procurement process. 3,0 BIDDER'S QUAI-IFICATIONS 3.1 The Wowing Information must be submitted as part of the bid package and shall be supplied in the following ordar 3.1.1 BidckWs background, services provided and number of yaars in btislness_ 3.1.2 Evidence that Bldsfrir Is duly Jicensod, qualified and capable to fulfill and abide by Iheg requirements listed herein with the bid. The bidder shall damanstrate Its ability to scour$ arxJ perform the services within t11e delivery faquJremerAs specified herein. 11,3 In order to recelve contract award mnalder7atlon, the bidder shall malntain sufficient rbzoumE% to fullldl normal City of Forl Worth requirumunts, 311.4 Bidders shall provide a refereenca fiat of a minimum of three (3) current customers for whom the bidder has recently Supplied subject item(u) or performed same of similar work over a recent twelve(12)month period. Page 8 of 34 RFOJ 19auaO MAy,2D10 1"195 Fuel-tank Install Fix Fire Station 17 Page 9 of 44 4.0 PRERAIR.A N_0F.131a Each 13lddej must furnish all Inforrrlatlon requlred by the RFQT on the documents provJded- Bids submitted on;other than the foirms IndQded In the RFQT may be considered non-responulve. Any attempt to after the wordIng in ilia RFUT is ineffective and will result in calection of the Bid- 4.1 Taxae; Pof chases of Gaads or ;Servfues for City use are usually exempt from City, Slate, and most Federal Taxes, BJda may not lnulude exempted taxes. The auc-ewsful Bidder should fequest a Tax Exemption CerlIhonto fmm (he Purchasing Division. Under no clri�urrfxtances shall the City be liable to pny taxes For which the City has an exemption under any Contract. 4.2 Brand Name or Equal; Ir the RFQT indicates brand name of "equal" products are acceptable, the Bidder msy offer an "equal" product and mur-1 be prepared to demonstfm those features that render it equal- Final cletermloation of a product as "equal"remains with the CJty- 4.3 Delivery Time: Delivery ttme, if stated as a number of days, will be traced on calendar days. Time is of the essence in any City purchase. IF the Indicated date c:annol be met or the date is not Indicated, the Bidder shell state its best delivery Ole, 4-4 Free on Board (FOB) Paint` Freight Terms shall be FOB Destlnatlan, Freight Prepaid and Allowed. The Bidder should quote its Iowesl aRtd best price, with the goods deJlvered to the place specified. at the Bidder's expense and Isk. and there tender delivery its the City, 13lds offeA19 any othef delivery terms: are not acceptable and may be cause for refection. See Part III, Sec. 9 for fudf#er instructlons. 4-5 Prices: 4.5.1 Bids shall be Firm priced offers unless otherwise specified, 4.5,E Prictog shall bs entered w the Bid Shaw in lrfk. 4,5.5 Totals shall be entered in the"Total Prlce" column of the 13id Sheer 4.5.4 In the evunl of a discrepancy between unit price and extended prica, Jh - urti price shall,govern, 4.5.5 Prices shall be offered In the Dollars of the United States of Amerlca (or d%b nal fractions Ihereof). 4-6 Signature: The Kidder must sign each documsni In the RFQT requiring a slgnature. Any change made to ilia Bid must b$IniClaled by the Bidder. 4.7 Bid Securfty; If a bid securily is required for this purchaser the recluirement Milt be iet]ected in the"Specification" section of the bid package- 4.7.1 The bid securlty shalt be Jn art arnourit of 511% of the arnnuilt hid Cashier's check or an acceptable surety band In the amount Indicated In the Notice to Bidders must be sub-mItted at tfla time the bJd is submitted, and is subject to forfeiture in the event The successrili bidder fait to exacute the conlrart dor-ur'nents ►vithin 10 calendar days after the contract has been awarded. 4.72 To he an acceptable surely on the bond: 4.7.2.1 The name of the surety shall be tncluded on the current Department of the Treasury's Llsting afApproved Sureties (Department Circular 570); or 19-0198 Fuel Tank and Install for Fire Station 17 Page 9 of 34 R1-Q1 fssw3d,Vy 2.2UI13 19-0195 Fuel Tank Install for Ftra Statlon 17 Page 10 of 44 4,7_2.2 The sticsty rrlllst have capilM and surplus equal 14 tirnes the amount of the bond. The surely mull be Ifcensed to do business in the state of Texas, 4.8 Alternate Bide. Bidders may offer err`equal"product as ao alternote bid. Final "approved equal'determination remains with the City. 4.9 Proprietary Information: 4.9.1 All merterial submltled to the City becomes public property and is subject to the Texas Open Records ArA upon receipt. (See Part IV, Sec, 3,0) 4_9_2 if a Bidder does not desire proprietary information In the bid to be disclosed, each page must be identified and marked praprlelary at 11ma of submittal, The City will, to the extent ;allowed by low, endeavor 10 protect such information From dlsctmure, The final decision as to Information that must be dinelosed Iles with the Texas Attorney General 4.€1.3 Failure to Identify proprietary Information will rasutt In all unmarked seut[gns Iwirig deemed mart-praprialary and available upon public request. 4.10 t3ld Prepyrration Costs. All costs associated with pteparing a Bid iv response to the RFQT shall be befria by the Bidder, 4.41 Payments, All payment terms shall be "filet 30 Days" unless otherwise spoclliad In the bid document. 4.11.1 Swces-,aul aldders are encouraged le registrar for dlracl deposit payirietyls prior to providing goads andlor sarvicss using the forms posled on the Dity's websile at httl MwOortworthgov_arafpu ha9lnc#!, click on "Automated [�Ieafing House Sslup" 5.5 SURMISSION OF BIDS Bid document; UnWs otherwise specified, Bidders are required 10 submit a signed executed original and one scanned copy contained on a flash drive. Bids must be Wbmilletl in an opaque suared envelope whit the bid number written on the outside of the envelope_ 5.1 Documents required with Gild. The following rforunlents mast bs subarip!M with each Bld, SA A The completed and signed first page of I his.RFQT: 5.1.2 The Price Offer on the Bid S0110ation Form (Part I-A); and 5.1.3 Any other document Ir cWded in the RFQ7 requiring oomp4e6on or executton by the Bidder- 5-2 Addenda' Receipt of any Addenda must be acknowledged by signing and ralurning the Addendum wllh the Bid, 5.3 Receipt of 6idw Blds must be received in the Purchasing Divisien prior to the Due Dale and Time set forth in Part t, Secllor7 4. The Bld mu3t be racelved by the Purchasing DlvWon and time-slamped before deadlIne to he cvnffldere€l. All Sills rerelved after the Dire Dale and Time are considered late. wRi MI be opened or r+onsidered and will he returned to the Bidder. 71M tiara sfamp clock on the rxfceplfa?rrWa desk to Me Pu hrr Vng Qfvfsliw� Is fhu trine of 1'evord. 10a the sate re&pnaiblilty of the Bidder to ensure tlrn6y delivery of the Bid to the Purchasing DIvis on- The GIty will not he responsible for failure of service on the part of the U.S. Postal Office, courier compamles or any c#her form. of dell-very service chaaert by the Bidder or City's mall room. Bids delivered to a Qty location other Ihan I#t$ Purchasing Olvislon Will nol be oonsllere0l, 19-0198 FueP Tank and Install fGr rile St,alion 17 gage 10 cf 34 Rrol 19Bund July 2,2U113 19-0195 Fuel Tank Install for Fire Station 17 Page 19 of 44 6.0 MODIFICATIQ 0R.WITHDRAWAL OF BIDS 6.1 Modification of 1:31ds; JAdders may modify their bid IF it la withdrawn and resubmitted prior to I.he Due Date, 6_2 Wlthdmwal of Bids: Olds may be wR.Ildrewre by sti milting a written request to the Purohaeing Manoger at any time prior to the Due Rate. Electronic submIsslon of a notice to withdraw a bid is �Ic:cepteble so long as the request Is i)ngned bV Iha BiddeF's duly authorized representative_ Proof bf same ,nay be fpqujmerj by The Purchasing Mangger prOr to a withdrawal being permlttad_ A receipt c f the withdrawal must be signed by the Biddet_ 6_3 No bids may be withdrawn after 1he Due Date without a showing of good cause or unless there is a mataraal errar In the bid. 7.0 OPENING OF..BID The PurelhaWng Division, representatives reapcwslble for apenlrig bids shall personally and publicly open all bids timely received, reading each bid aloud including tho rlarrre of the bidder and the price provided, 3.0 EVALUATION FACTO B OF BIR AND AWARIB 8.1 Evaluation- Bidders may furnish pricing foe all of any pediion of the RFQT (.unless otherwise specifled). However. the City may evaluate and ew,%d a contract for any Jtern or group of items shown on the RFdT, or any combination deemed most advantageous to the City, Bids that specify an "Lill or none" award may be considered If a single sward Is advantageous. 8.2 Correction of Errors, Prices bid shall be used for btu aoalyois and for Agreement pricing_ In cases of errors In extensions or totals, the unit prices offered wflJ govern Math errors In yids moy be corrected by the City arrd the Old*r Mil be Informed of said corrections 8.5 ResponsibletResponsive Bidder- -8.5.1 A responsive bidder is defined to be o" wi,o submits a complete bld packet within Me stated time dendllne and Jn acuordarroa with the bid specifJuation. 8.5,2 A respon8ible bicider Is defined to I>e one who derrlanstfales Wa responses to the selectim criteria hislhur ability to suctessfulty deliver the supplies, equoment, of services being procured_ 8.6 Award, A contract, hefoinafter called Me "Agreement', shall be ;�wprded to the biddos) with the lowest price bid and which are otherwise qualified ant) competent, unless the city exerclses its rights riot to award a conlrerA_ !1.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 9.1 Certificates of Insumiice, ~Noted or wance is required, the succesatul Bidder must provide Certificates of losurance in the amounts and ror the coverages required as stated In Mari Iti and Part V of this RFQT. 9.2 Payment aP,dlar Performance Ponds, When Payment andfor Performance Bonds are squired as per Texas Government Cods Chapter 2263. et sect„ as amended, the auc"ssfrjl Bidder must provide the bondfi. In tf'e amounts and on the Conftons required. within 14 calendar days after notif ue0on of award. or as otherwise required by the RFOT A Payment Bond IS raquired for a contract greater than $60,000 and a Performance Bond is required for a contract greater than $100.000. 19.0198 FueJ rank and Install far Fire StuUcn 17 Page'I1 crf 34 Rr701 issued July 2,20119 19-6185 Fuel Tank Install for Fire;station 17 Page 12 of 44 9.3 Minority 0us#nsss En€uprise(RIBE) Documents- if an MBE goal has.been cstahllshed for I h a bid, the applicable tlocorrrents must be suhmilted by all bidders wishing to continue In the bid oaluatlon process v lthin two (2) City business days after the bid Opening date, excursive of the bid opening date. to the City locstlxt specified in the bid. 13idders shall obtain a receipt from the appropriate department 2s i+vidanca that the City received the docurnentatbn- 9.4 Certificate of Intorested Parties Form 1296: if the Purchase Agreement must be approved by the City Councll before execution, thre successful bidder Is repuVed to cnmplele the Cartlficate of Irrleresled Parties Farm 1295 and submit the form to the Purchasing Contact hated in the RFOT before the p urchaselcontrac t will be presented to.the City COLrnCII. Tire form may he oornpfeted at his;/LwWw-elhlcs.state,tx& Mhatsnewlelf info fgrm1295.htm. E€}.q PROTEST PROCEDURE 10.1 Contractors who respond to Invitations to Bid have the rlghl to protest the RFQT process or the bid award if they believe that there has been any Impropriety or Unf llf criteria In the process, 10.2 The Qatttraolor must submit any protest in writing to the Purt:hasing Manager within 14 days after the Contractor knows, of should have known, of the facts giving rise to a protest. 10.E The Purchasing Manager, or designee, In authorized to take action to alterapt to resolve a proles# concerrnfng a purchasing action through Informal discussions, mall, end email or in- pefson meetings with the protesting party 10{ 4 After sa€d discussions or meeiingls, the Purchasing Manager or designee will issue a der.lslnn in writing, state Vie reasons for the a+atlon taken and inform the prowsting Contractor of Me right to revIew by a panel MWe up of City staff. 10-5 A prow# review panel will oorrsist of an Assistant City Attorn0y, a representative of the operating dapadrrlent Eir1d airy ether appropflate personnel or emplayees of the operating departrrront, and the Purchasing Manager- 10-6 tf the panel is jinabie to resolve the protest, or if the panel makes a decisfon with wf1IO the Contractor does not agree, the professing Contractor will be rnforrned of its right, as a member of the general p>lblic, to attend any meeting of the City Council and make known hislher concerns. 10.0.1 Conlractors wishing to speak befora the City Ccvncdl should review Ilie rLrles for registering to appear before City Council located at, trite): 'LFtWOVthI!ftKaS.yayigitysecretarylin#oldefauit.asax?kl=29'Id on th4 City's website- 11.[} THVIaGELCMENT The Ayteernant shall consist of the RPQT arld Its atlachments, Contractor's Response to the RPOT end such r�tthvr parts and atlaci7rnents as are �ipeckfiad In the Agreement. The Agreement is intended by the parties as a final expression of their agreement and lis intended also as a compiate and exclusive statement.of the terms of Their understanding as to the score of work. No nourpe of prior dealings between the parties and no miage of trade shell be relevant to a+ipplerneni or explain any lawn used In the Agreement. Acceptance of or aCqunrscanco lrl .a course of performsrnae under the Agreement shall nol be relevant to distarmine the meaning of the Agreement ewn lhough t#ie acceptIng or acgrlJesclrfg party has Imowtedge of the performance and opportunity for objection- In the event of a conflict between lho ennfract documents, the order of prece-fence shall be thre RFQT, lncludirig its atlachments, and then they Conlraotor's respnrtse. See Fart VI for the Agreement docurnerrt. 19-0198 Furl Tank and Jnstall for Fire Stallorr 17 Pape 12 of 34 IRFOt Issued July�,�Di9 19-0195 Fuel Tank.InsialJ for Fire Station 17 Page 13 of 44 12_0 CONTRACT A P 1NIS7RAtt Qontracl administration will be performed by Ilse Cray Department an whose behalf Ohe RFQT Was Issued In the even# the Contractor falls Io perform according to the terms of the agreement, the Departmerxl head or his1her desig5ee will notify the Contractor, Gn writing, of its failures, A raestfrig may be arranged to discuss the Gootmtar's deficiencies. The process to cum or resolver disputes Pound In Part Jlf, Parapraplr 19 shall govern. 110 04PERRA71V9 RURCHAS1NG 13.1 Should afher governmental untitios decide to partiolpete in Oils Contract, bidder, shall Indicate in their prWsals whether they agree that all terms, conditioris, specification, and priming woold apply, 13.2 If the successful bidder agrees to extend the resultlrty contract to other governmental entities, the feltnwing stroll apply- Gavernmerital entities withllt utillAng Cantrarts with the City of Fart WMfi shall be eligible, buL riot obligated. to purchase under INS WritMU(s) awarded as a result of this RFQT. All purol-ases by governmental entities other then the City of Fort Worth shall be bitted dlreotly to that governmental entity and paW by that govemmenial entity, The City of Fort Worlh shall not be rasponsll_ile for another governmental entity's dents. Each governrnerrtel entity shall order its own materiallservices as needed 19-D19S I;uek Tank and Install[or Flfe StQl4an 17 Page 13 M 34 RI-01 rMed JWy 2.�O19 t"1€5 Fuel Tank Install far Fire Stallon 17 Page 14 of 44 PART - III SPECIFIC TERMS AND CONDITIONS 1.0 CHANGE iN COMPANY NAME OR OWN � The Contras#or shall notdy the Clty's Parchasirfg Manager, In writing, of 0 ctxnpany name, ownership, or address cherlg$far the purpose of inaintaining updated City records_ The president of Me cofnparly or author) official must sign We latter, A letter indicating changes Jn a corripany ri ri is or ownership must be accornpaniod with supporting legal documentation suctr as an updated W-9, documents filers with the atMe Indicating such change, c�Y of the board of director's rasoiutlon approving the actlan, or an executed merger or acqulsillon agreement_ Failure to do so may adversely impact future Invoke payments, 2.0 INVOICING REC-It IRMENTS 2.1 AIJ wyom aii should be submilted directly to the carltracting Department_ It is the fasponafbllity of the Qontractor ;o aNain the name and contact irlformwiun of Ilia Department's projecl manager to wham Invoices s#iell be submlited, 2.2 A properly preperedl Invoice shell be typewrlttan or computer printed and stlall Irlckide the C�rltractor's name, phone numbeflemall address, federal tax idenliffcatlOri number. Rr-QT dumber. invoice rlurriber, address, state, �ervlce ar item description, unit price, exlended cost, end City issued purchasa order number. Incomplete or inaccurate Invoices may result In delayed payments,as they shall be relurned to the Contractor for correction and re-subminal. 2.3 Under no circrrn1M2I1ce3 will the City be responsible for goods or services provided without en Agreement signed by an authorized city reprnseritative. 3.0 VNIT PRICE ADJUSTMENT 3,1 The unit prices may be adjusted for increases or decreases in Contraclor"s cost during a renewal perlod but not before the effective date or a renewal and only upon written request from 1W Contractor_ 3.2 The Contractor must submit its price adjustment request, in writing, at feast 60 days before the renewal effective period, The Contractor shall provide written proof of cost increases with prk a adjustment requeal_ 3,3 If the City dues not accept the proposed rele Increase, the Cfty reserves the right to adjust the rate request, or rejecl the rala request in its entlrely eild allow the Contract to expire at the end of the contract lerrn, 3A Prices bid or adjusted with a renewal, shall remaln firm for each correlative term of the Agreement. 3.5 Upon explWan of Ilse Agreement tern, the successful bidder, agrees to hold over wider tho terms and conditions of this.Apreeinent for a reasonable period of time to allow the City to re- bid an agreement, not Ip exceed ninety(90) days_ Contractor will be reimbursed for this service at the prior agreement rate(s). Contmoor shall ran-min obligated to the Clty under all claunes of this Agreernenl that expressly or by their nature axtarids beyond end survives the uxpiratian or termination of this Agreement, 3.6 Goads and)or services shall not be etlspended by thte Contractor WIthout 15 30 flay prior written notice to Oie City. 19-0,19B Fuel Tank and Install for Fire Statiun 17 Page 14 of 34 RFQI Issueu July 2_n1i3 d MI95 Fuel Tank Install for Fire Station 17 Page 15 of 44 U .QUANTMES The quantilies listed on the Part I-A Sir! Sollcltattoo Form are estimates and do nol indicate Irtle vil to purchase a certain amount or any 5mount, The Clty of Fort Woah Is obtfgeled to pay for only those materials and aarvices actually ordered by an Authorized City employee aryl then received as req,wlred and accepted try the City. 5.0 INS URA ACE RfQUlREMENTS Irmurance requlrernents we found In Fart V,Attachment G. A valid certificate of insurance shall bs provided wlth the signed Agre'emertt. Failure to provide such inform on within llve (5) calendar Mays fhere9l may be 9Founds for terrninatiorl of the Agreement. Palicles sha11 have no exclusions by aridorsaments whlch nullify 1h'a reg0raad lines of coverage, nor decrease the 11MIts of sWd coverage unless such endorsements are approved by the City In the event a contract has been bid or executed and the exclusions are detemilned to he urracueptabte or the City desires additional fnsuran cov+ wage, and the City desires Iha onWictor to obtaln such coverage. the contras# price shall be adjured by the cast of the pramiurn for Such additional czverage plus 10%- 6.0 -QRP-�AINTS Corraplalyds processed through t#le City PLnhasitiq MvJslon are to be corrected Whim fourteen (14) days of formal notice of wrnplalnL VOW r�sporrse to the Pufchasing Division Is required. Failure to properly MONO Complaints within the fourteen (14) calendar day time period may result in the cancellation or the applicable line iti rm(s) in the price agreement, 7,0 SUBCQNTRAI TANG Subcontracting of the work under this Agreement will be allowed provpdad Conlractor notifies the Project Marlaquir at least 24 hours in advance. If Corlractor lnteiAl to engage a subcodate tor(s) Sa perform any of its-obllgatkors herein. subcontractors) shall agree to be Wund by the duties and gbkgations of Contractor under the Contract as such dudes and obligations may apply. Contractor shall, upon request. provide Clty with a fully axecut l copy of any ograemorat making each subcontract. 9,0 DELIVERY 8.1 Delivery I}hall be F.O.B. Destfnatton and all other defNery charges shall big lncAlded In the unit price. The person placing the order wll] provide delivery and bllling inforrraatlon. No additional charges for expenses, freight, mileage, time, or similar Items will be accepted or paid by the City, 6.2 Thera may be instances when the Contractor may be asked to accelerate delivery of an order or services dua to extenuating or ernargellcy cfrc=stans s_ When this occurs, the CCmtr54tor will bra expecled to piovlde this service at no add4lonal castL d.3 In the event the Contrac#ar Is unable to meat the original delivery dfate(e), the City must be contacted immediately, bul prlor to the due dale, and reek an exlenslon of dahvery time_ Failure to comply with the delivery terms may be grounds for canceling arder(s) or services, or the enures Agreement. 8.4 Dalivery tickets must include lho City's blanket Order lumber and the ordering department's Relessa Number. 1 M1913 Fue!Tank arpd Install far l lrs Statlon 17 Page 1S of 34 FtMI LHU00i Jury 2,n19 1MI96 FLrel'rank Install for Fir$Station 17 Page 10 of 44 a.5 Delivered iterno Mat are detefmIned to ba defective or not meeting bid zpeciflca#ionz shall be picked up and replaced by the Contfact,of, of'lie Contractor's designee, at nb coat to the Cfty. If the item (a) are not picked tap within one (1) weeit after notiflcAon. I#re item shall become a donatlon to the City for disposition, 8.0 Material Safety Data Sheeta (f r applicat d;-) 8,61 A Material Safety Data Shot (MSDS) for each toxic ar hezaFdaus substance or mixture containing such si,lxst nce, pursuant to Revised Statutes Annowed (RSA) tlapter 277--A (277-A), ahati accompany eacl7 delivery Vellvery of toxic or hazardous substance or mlxtures Contalning sucta substance wtthoui M 0S sheets shall not be accepted. Delivered contafners shall be properly labeled pursuant to RSA 77-A. 9_6.2 1=allure to submit the required MSDS sheets afrd/ar label each corusiner In accordance wllh RSA 277-A. stall place the Contractor In non-compliance and shall result in civil or crtmlrW panaltios, The Contractor rurnlsh,lng subatannes Qr 111iAures subject to RSA 277-A, is ragpor,sibie for adhefing to and txaing In compliance with this law. Failure to comply with RSA 277A, shalt result In the c8incellation of an order. 9.0 WARRANTIES 9.1 The CatAwbpr shall provide a warranty to include at a minimum, but not limited to the following: 9,1,1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agroement conforms to the agreement nequtrements.and is free from any defect Ire workmanship, equipment, lr,8tar0t, or dasign fiimishad by the Contmelor or any sugpller at any tier. 9.1.2 Contractor agrees to repair or replaco promptly, on a one-for-ana basis without atlditlonal cast #o the City of Fort Wciih, any and all defective work and products_ The City derines "#irompl" repair or replacement to be within twenty- four (24) hours after notification byauthofized City Wfsonria1. 9.1.8 This warranty shall continue for a period of 90 [lays from data of acceptance of products and work by the CKy, 9,1.E The Contracw stall remedy at the Contractor's expanse any non-conforming or defecilve products or work. In add!Uon. the Contractor 0211 remedy at cwtractaes expense any damage to real or personal property maned by the City of Fort Worth, whorl that damege is the result of a defect of products furnished, 9.1.6 The Contractor's warranty w11h reWct to products repairad or replaced w411 run for 90 days from date of Instailation and acceptance of such by the City. 9.1.5 The 6hy of Fart Worth shall notify the Contractor, vwlthin a reasonable time after the discovery of any failure, #erect,or darxrage, 9,1.7 if the Contractor faits to remedy any failure, defect, or dj�smage witfxlrt a reasonable time after receipt of neticer the City of Fort Worth shall have the right to replace. repair. ar otherwise remedy the failure, defect, OF derrrage at the Contractor's expense_ 9.1.8 This warranty shall not include failures attributable to accident, fire, or negtigerice on the part of City personnel 9_2 With respect to all warranties, expressed or impilefi, from manufacturers, or euppiiera for work performed and materials famished under tiles contract, the Contractor shall: 19-0-P98 Fuel Tank and inaialt fox Fire Station 17 Page I of 34 R f=Qk I51wea Juiy 2-r i g 19-019 Fuel Tank tnetall for Fire Station 17 Page 17 of 44 9.2.1 Obt€rla Lill w$rr-crttles t11at would be &teined 1n normal rornmercial practice; 9.2.2 Enforce all warranties for the berxefit of the City of Forl Worth- 10,0 PRICE WARRANTY 10.1 The price to be paid by City sfiakl be that Contalned in on4rat;lor's pro}}ossls which Contractor warrants to be no higher than Contrector's currant paces on orders by athers for products artd services of the kind and spedfica#ion covered by this agreement For similar quantities under like conditions anij methods of purchase_ In the event Contractor breaches this wsrranly, the prices of the items shall he reduced to the prices confained in Contractor's proposals, or In the slternallve upon Contractor's option, Contractor shall have the right to caoceJ Nis contract wilhorrt any liability to Contractor for breach or for Contrackor+s actual expense. Such femedles Eire In addition to and not in lieu or any olhar remedies which Contractor niay have ir}law or equity. 10_2 Contractor warrants that no pp=n or aslling agency has been employed or retained to solicit or secr�re this contract upon an agreernem of understanding for commission, percafltage, brokerage or contingent fee, excepting anployeos of an established commercial or selling agency that Is matr1#alned by Contractor for the purpose of sac+Jring business. For breach or violation of this warranty, City shall have the right, in addition to ally 01her rlght or tights ariSing pursuant to said purchase(s), to ciancel this contratLt Without liability and to deduct Irani ilia contract pr cs sueh commission percentage, brokerage or contingent fie, or otherwise to recover the full amount thereof. 11.0 ERODIJCIWARRANTY Corklraetor shall not lknll or exclude any express or implW wafrantles and any attempt to do so shall render this contrael voidable at the option of Contractor. Contractor wafr�ints that the goods furnished will conform to Citys specfflratioais. drawings and descrip lops listed in the proposal invitation, Ewd the sampWs) furnished by Contractor, If any_ In the event of a conflict between City's i5pecificallons, drawings.and descrlfr#lons. Cl(Va specifications shaltgovem. 12_0 y AFPTY WARRANT'f Contractor warrants that the product sold or services provided to City shall conform to the slandards promulgated by the U.S. Department of Labor under the QccupallonW Safety and l-lealtn Act (OSHA) of 1970, as amanded. In the even the product cr services do not conform to OSHA slandards, City may return the product for correction or replacement dt Contrac=rrz expense or City m8y terminate the contract. In the event Contractor fails to make appropriate cofca0co within a reasonable time, any co"cilon made by City will be at Contractoen expense_ Where rlo corfeclkon is or can W made. Contractor shall refund all monies received for such goods Or services within thirty (30) days after request is made by City In writlfig and renalved by Contractor. Notice is considered to have been received uporl hand delivery, or otherwise In ar oWance with the Notice provIslons of this contracl. Fallura to make such refund shall constitute breach ant{cease this cpnirac4 t0 terminale Immediately. 13.0 68RANTY AGAINST I iFRINGiEMEh1T_4F 1NTEt_LL-CTUTAL PROI-ER7Y 13.1 It applicable to the services being provided, the CONTRACTOR warrants that Oil Deliverables, *r any part thereof, furnished hereunder, including but not limited to; progranm, documentation, naftware, analyses, applications, methods, ways, anti Processes (1ri this Sectlon oar-to individually referred to as a "Deliverable" and collectively as the "De1lvarables,")do not Infringe moon or violate any patent, copyrights. trademarks, service marks. trade secrets, or any Intellectual property rights or other third party praprWta.ry rights,in the perfoirmance of services under thle Agreement. 19-0IGB Fuel Tana and Jnstall for Fife Stetlun 17 Page 17 of 34 W❑1 Issued July 2,W19 I M195 Fuel'Tank Install for Fire 5lation 17 Page 18 of 44 13,2 If applicable to the aervicas being provided, CONTRACTOR shall be ilakble and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intallectual property rights by the use of nr supplying of any Dellverable�s) In the course of performance or completion of, or in any way connected with providlog the services, or the City's continued use of the Delivotablels)hersunder. 13.3 if applicable to the services being provided, CONTRACTOR agrees to indemnify, defend, iseltle, or pay, at its own cost and expense, Including the payment of attorney's fees, any claim or action against the City for Infringement of ally patent, copyright, trademark, service mask. trade secret, or other intellectual property right arising from City's Lree of the Dallverable(s}, or any part thereof. in accordance with this Agreement, it being ondamtood that tills agreement to Indemnify, defend, settle or pay shall not apply If the City modifies oe misuses the Deilvarablo(s). So long as CONTRACTOR bears the coat and expense of payment for tialms or actions against the City pursuant to this sactioil 8. CONTRACTOR shall have the right to conduct the defense of any such Claims or action and all negotiations for ft settlement or compromise and to settio or compromise arty such claim; however, City shall have the right to fully participate In any and all such settlement, negotiations, or iaweult as necessary to protect tho City's interest, and City agracs to cooperate with CONTRACTOR In doing so. In the event City, for whatever reason, ass;umrrs the responslMity for payment or costa and expenses €ar any claim or action brought against the City for Infr#ngernant arlsiog under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement as compromise and to settle or compromise any such claim; however, CONTRACTOR shall fully participate and cooperate with the City in defense of SQch claim or action. City agrees to give CONTRACTOR timely wrltterl notice of any such claim or action, with capes of all papers City may receive relating thereto. Notwithstanding tha foragoing, the City's asaurnption of payment of costs or expanses shall not eliminate CONTRACTOR'S duty to [ndemnlfy the City under this Agreama#t#- If the Del Ivarable(s), or any part thereof, is he I'd to Infringe and the use thereof is enjoined or restralned or, if as a rusuit of a settlement or compromise, skrch use is materially adversely restricted, CONTRACTOR shalt, at Its own expense and as City's sole romedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Daliverabie(s) to make their it noa-hrWrlging, provider) that such modification does not materially adversely affect City's authorized use of the Dallvemble(a}; or (c) replace the Del iverable(s)with equally sultablo, compatible, and functionally equivalent non-infringing Del iverable(s� at no additional charge to CIty; or (cd) If norte of the foregoing aklternatives Is reasonably avallable to CONTRACTOR. terminate this Agreement, and refund M amounts paid to CONTRACTOR by the City, subsequent to which termination City may seek any and all remedies avallable to City under lair. 14.0 SAFETY The Contractor shall be resperosible for crealing and malnlminirPg Its aWn safety plerr meeting eft Feral. Mats, county or dly laws. ordlnancez and regufelions. 15.0 HAZ&OMMS CQNDiTIONS The Contractor is raqu[red to notify the CJty mmedlately of Contras.or's dlaGovery of any hazardous conditlons durMU performance of the sarvlces. City may suspend contractor's work for such reasonable this as Is necessary to eveluale the possible hazardous rnrrditions and to develop a plan for niarraGirtg same_ Contractor arrd City may negotiate a change order, If neceS"< y, for ContracAar to contlaue Its work If the original cpnditlana have materlOV dmrged due to the discovery of hazardous oondilione, 19-0198 Fuel'tank anif Install for Fko Stairon 17 page 10 flf 34 Rr-Ot Iasutrd Jdk 2,YO i9 19-0195 puei Tank Install for Fire S laliort 17 Page 19 of 44 PAIN - IV CITY OF FORT WORTH GENERAL TERMS AND CONDITIONS 1.0 12EFINITION OF C11 The CRy of Fort Worth, Jts officers, agents, servants, atilhurized ematoyaes, coniractoN and sljbcontractors who act co behalf of various City departments, hodfe5 or agencies- 2.0 =IN)TION OF CONTBACTOR The consultant. service provider(s), supplier, or othor provider of goods andlor serulces, 'is officers, agents, servants, employees, contractors and subcontractofs who act on hehal.r of the entity which Is engagead in a contract with the City, 3.0 PUBLIC INFOR146T ON Any infofmallon subriAted to the City of Fort Worth may be requested by a mamber of the public under the Texas Public Information Act- If the City teccelvas a request for a C:ontraclor's proprietary informatian, the Contractor listed Jrl the raquesl will he nodfled and given an opportunity to make arguments to the Texas Attorney General's Office (the 'AG') regarding reasons Ilia Gontractw belleves that its information may not lawfully he released- if Contractor floes not make arguments or the AG reject. the aTgumants Contractor mattes, Contractor's Information will be released Alhout penalty to the City 4-Q No offc+ar Ur eraaplayee of City Shali have a flnancial intereot, direct or I'Alrect. In aT1y cantfact with pity or be flnanciulty interested, directly or Indirectly, in the sale to City of any land, mateNBIP, supplies or services, except on behalf of City as an officer or oniployee. Arwy wilifui vi alai Ion of this sec#ion shell consfitute malfensarics in office, and any officer OF employee found guilty thereof shall thereby Well his offlce or position, Any vlolallon of this soctlon with the knowiadge, expressed w Implied, of the person or corporation contracting w1th thte City Gouncil shall a'ender the contra ct invalid by the City Manager or the City Corancil, (Chapter XXVP, Section 16, City of Fort Worth Charter) 5.5 ORDERS 5.1 No employees of the C Hy or Its offlcws, agents, saervanls, contractors or subc❑ntra#ars who act on behalf of various CJIy departments, bodies or agencies are aoEfiorJzed to place orders for goods and/or services without ptaviding approved contract numbers, purchase wrier numbers. or release numbers issued by the CJty. The only exceptioag are Purchmshg Card orders and emergandes pufsuant to Texas Local Government Code Section 2: -022(a)('I), (2), or (3), In the case of ernaf9eficies, the C:ity's Ptarchaa>Jng Division will place such orders, 5.2 Acceptance of an order and delivery on the part of the Contractor wilhout an approved contract number, pufchaa a order number, or release number fssuad by the City may resort! Jn rejection of delivery, return of goons at the Contractdr's cost andlornom-paymert- 8.0 CONTRACTOR TO PACKAGE Mons If applicable to the scope of work, Contractor will package goods in accordance with good commercfel pfactice, Each $hipping container, shall he clearly and permanently marked at follows; (a) Contractor's name and address: (b) C:o%lgnea's name, addi'1055 and purchase order or purchase change order n;irnber; (c) Container number and total n=ber of containers, a-g„ bax 1 of d boxes; and (d) Number of The oontainiw bearing the packing slip. Contractor shall bear the cost of packaging unless otherwise provided. Gaods shall be suifahly packed to secure lowest tram;portatioh costs and to conform to requlfernertts taf common cafrlers and any 19.0I.Da Fwl Tank and Install her Fire Malian 17 paou IR of 34 RK]t lwajL+d July 2,ZOI d t9-o1 g5 Fuel Tank InstaH for Firs Stdtion 17 Page 20 of 44 eppHuable specifications_ City's court or weight shall be final and oarrolusioe on shipments rmt accompanied by packing lists, 7,f Contractor Is not authorized to ship the goods under reservation, and no tender of to Wl of lading will operate as a tender of goods, 8.0 Tk1:l.9 Agn RISK OF LOSS* If applicable to The scope of work, the Me $rid risk of loss of the goads shall nol pas% to 0 try until City $dually ra�Calves and takes possession of the goods at the point or points of delivery afler Inspim ion and acceptance of the goods, 9_0 PLACE OF DEUVERY li applrrabte to the scope of work, the rAuce of delivery rifiall be fiat forth Ir1 Iho "Ship td" black of the purchase order, purchase change order, ur release order 10.0 RIGHT OF INSFECTIQNN If applicable to the scup$ of work, Oily shalt have the right to inspect the goods upon delivery before accepting them. Contractor shall be responsible for all chergas for the return to Contractor of any goods rejected;RS f3@trig r'IOnwrPforming Under the specilicationB, 'I1.0 If this purchase €e for the licenze of software products endlar services, and unless otherwise agreed. Contractor hereby grants to City, a perpelual, irrevoaabls, non-exclusive, notitransrsrable, mystly free ticense to use the software. This aoftware is "proprietary to Conlrawor, arld 1s Il ensed and provided to the City for its sale use for ptirpo!5es untfer this Agreement and arq att hed work orders or Invoices. The silty may not use or share this software without permtaston of the Contractor, however City may make copies of the softw i:+re expressly for backup purposes. 12.0 OWNERSHIP OF WORK PREMIX If applicable to the scope of work. CoMractor agrees that City shall be the sale ant] excluslive owner of all reports, work papers, procedure;, gi.Ildog. and docurnentation, created, published, displayed, andlar produced an conjunedon with 1:�e services provided under this Agreement (collectively. "Work Product')_ Further, City shall be the sole and exclusive owner or all copyrighl, patent, trademark, trade sai�rel and other prOprietary rJ9111s in and to the Work Producl, Ownership of the Wark Product shall Inure to the benetlt of City from the slate Df conception. creation or fixa€ion of the Work Product In a tangible m0ium or axpressiorl (whir haver occurs first). Each copyrightable aspecl of the Nark Pfodurt shall be considered a %vark-made-for-hire" within the meaning of Via Copyrrphl Acl of 1976, as amended. If and to the extent such Work Product, or any part tharevf. Is rret oars{dared a `work-rnadu-for-ltiru" wlthln tho meaning of the Copyright Act of 1€176, as amended, Contractor hereby expressly assigns to City all exclusive right, title and Interest in and to the Work Product, and all copies thereof, and in and to the copyrlghl, patent, trademark, trade secret, and all other proprietary rights theroln, that City may have or obtain, without further conskleralion, free from any ciafm, lien for baJorrce due, or rights of retention thereto on the part of City. Contractor for itself and on behalf or its contractors Jeremy watvos any property Interest In Such Work Product, 13.0 NETWORKACCEST The City owns and operates a computing envlronrtrent and network icollectively the "Network"}, If Contractor requires access, whether orisile or mmote, to the Ctty's network to provide sarvices Hereunder, and the Con"clor is required Io utilize the Internet, Intranel, email. City database. or other network appllcallon, Contractor shall separately execute The Ctty's Network Access 19-0198 Fuel Tank and Install for Firs Stiatlon 17 PW 20 of 34 r{FCt issued,Tory 2,2479 1"195 Rret Tank Install for Fka Station 17 Page 21 of 44 Agreement prfar to provJding such services. A copy of the QIly's standard Netwodl Access Agreement can be provided upon request, 14_0 LAWS, REGULATIONS. AIND ORDINA4NCE6 The Contractor shall be resporislblo for meeting all Federal- taws, ordinances and regulatloris State; Jaws, ordinance and regulallons; County: laws; ordinances and regulations: and City, laws, ordinances,, and raguiations for safety of peopfe, environmenl, and propel#y_ This loctudes, but is not limited to, all Federal, Stale, County, and City Agencies, Asdmiolstrations and Oolrlrnissions such ea the EnvJronroent$I Protection Agency (EPA), Occupational Safety unit Health Administration (OSHA), and the Texas Cornmiazion on Environmental Quattly (TCECQ). 1n the event any law, regolailon or ordinance becomes effective after the start of this Agreement, the Coolractar is required to comply with new policy_Any mandates requiring the City la comply wllh now guidelines will also require the Contractor to comply. iF!-O IMMIGRATION NATIONALITY ACT Contractor shall Verify the Wentity and emp,loymant eligibility of its ernpioyees who perforr" work under this Atigroemeot, Including completing the Ernpiayrrlent Ellglbllily Verificatlon Form (1-9), Upon raquesl by 011y, Contractor shall provide City willi copies of all I-9 forms ;ind supporling eligibility doaunientation for each enplvyuu who performs work under tiffs Agreement, ContnWor shall Where to all Federal and State laws as wall as establish appropriate procedures and controis so tbal no services will !}e performed by any Contrac:lur employee who Is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CfT`Y AND HOLE3 CITY HARMLESS FROM ANY PENALTIES, LIABJUTfES, OR LASSES DUE TO ViOL.ATIONS OF THIS PARAGRAPH BY CONTRACTOR. CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR UCENSIEES. City, upon writlen notice to Contractor, shall have the right to lmnieftleiy termiriale this Agreement for vidatione of this pnwlsion by Contractor. 16.0 HEAI`TH. SAFETY_AND ENVIRONMENTAL REQUIREtM0ENTS Service% pmducls, rnalerals, and supplies provided by the Oontractar must rpeel or exceed all applicable nesith, safely, and the environmental laws, requirements, and standarda_ In addillon, Contractor agrees to obtain ark pay, at its own expense, for all licenses. perrrlits, certifloates, and lnspecilons necessary to provide tha products or to perfafm the se ces hereunder. Contractor shall Indemnify Cily from any penalties or liabltWas due to violations of tide provision. City shall have the right to irnm$diately leFrnln2te Ihts Agreernerlt for vlolationo of this provlslon byContractor. 17.0 BIQHT TO ADM Contractor agrees that the City. or C6ty's *Whorked repmaenlative, shall, until this explrotlon of three (3) years after final payment under IhJs conlrec#r and at no addillonal cast to City, have access to and the right to examino and copy any directly parthierit booms, ca3rputer disks, d6gital files. documents, papers-and records of the Contractor Involvlrig transactions relating to this contiact, imlu&ig any and all records maintained pursuant to Section 31 of Ills Agreerneni, Contractor agrees that the City small Bevis access, during normal working hoors, to all necessary Contraclor fac6lRies, and shall be provided adetIoate and appropriate workspace, In order to conduct audits Jn compliance wJth the provisions of [hit. seclion. City shall pay Contractor for reasonable costs of any copying} in accordance wilt}the standards sal forth In the Texas Administrative Code. The City shall give Contractor reasonable advance written notice of intended audits. but no less than ten (10) buslness days. 18.0 DISABILITY In accordance with the provilsOns of the }Americans With Disabilities Acl of 1DO (ADA), Conhwtor Warrants that It and any and all of ate subcontractors will not unlawfully disrdminale on the bssls of disability In the pravlalorl of services Io general public, nor in the avallabftlty. IL3.3193 ruel Tank ar3d Install For Fire S3a}Jinu3 17 Page 21 of 34 RFQI 11W4160 July 2.24119 19-9196 Fuel Tank Install for Fine station 17 Page 22 of 44 terms griftr sonditians of employment for applicants for employment with, or employees of Cantraclar or any of Its subcontraclors, Contractor warrants It w1JJ fully comply with ADA's provisions and any other applicable federal, stain and local laws concerning disability anti will daferid, indernnffy and hold City harmlens against any olalrns or allegations by third parties or subcontractors against Clly arising out of Contracloes andfor 1[s Subcontraclor's alleged failure to comply with the above-relorenced laws concerning disability discrimination in Ilia performance of this agreentent, 19.E TIME TO CURE DISP U RESOLUTION 19.1 It either City or Contractor has a clalm, drspoe, or other m;itivr in queslion for braacf► of duty, obhgi�klons, services randared or ally warranty that arises under this Agraernoni. the parties shall first provide 6 ressanabte time to core and then attempt to ra&olva the matter through this dlsp�jtu solution process. The disputing party Shall Notify the other party In wrung as satin as practicable after discovering the cleim, dispute, or breach. The natfce shall stake the nature of the dispute and lirpt the pFariy's speciflc reasons for s=h dispute- 1Nithln tan (fit) business clays of re&elpt of Ilia ncollce, both pEirties shall make a good faith effort, either through +*rrrsll, mail, phone conferonce, In pecson meetings, or other reasonable means to cure, resolve any craLm, dispute, breach cr other niatler in queslion Niat may arise out of, or in connection wlth this Agraement. If die paHles fail to cure or resolve the dispute within sixty (60) days of the dale of rer�ipt of the notice of the dispute. then the parties may submit the mailer to nQrt-hndIng medlation upan written consent of authorized repFasenlativea of both padles In accordance with the Indusl3-y Arbltratiorl Suns of the American Arbitration Association Or vtheF applicable rules governing madiatlon than ill effec:1, If the parties cannot resolve the dispute through rnw6tlon, then either part+ shall have the right to exercise any and all rernedies avallabla under law regarding Me dlapi rte. 19,2 A written notice to cure may be lxepared giving the Contractor 14 calendar clays to Guru any deiciency, 1: 3 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the appropriate Department Head who may take appropriate adtlan to cure the performar a problern(s)- 19.4 AN omL9 to cure Incurred by the CRy shall be paid by Contractor wjlhlrl 30 days of Contractor's receo of notrce of same. M5 The Contractor will be paid only those sums due and owing under the agreernent for servim,j satisfaclerity rendered, subject to offsel for damages and other amounts which ors, or wJ1.10 may become. due and owing to the City. 14-0198 Fuel Tank and InErtall for Ftre St2tion 17 Page 22 Df 34 RFC#lupipad July 2,2019 19-0195 Fusr Tank Install for Fire Slation 17 Page 23 of 44 PART ATTACHMENTS A-H (sehind this cover shoat are Attachments A-FIB 1D.-Q798 Fuel Tarok and Install tar Fire Station 17 Page 23 of 34 Rr-QI Ind'duty 2,2W9 19-D195 Fuel Tani( Install for Fire Salon 17 Psge 24 of 44 ATTACHMENT - A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT l ursumil to Chapter '176 of the Local Government Code. arty person or agent of a person who coniracts or seeks to contract For the sale oa- puri~has-e of property, goods, or services with a Jacal gavemmealtal entity (l.a, The City of Fort VVorth) must dlaolase In the Ouestionnairs Form CfQ ("Questionnaire') the persorr% effHiation or ht siness refatlonship that might cause a canflicl of inlerest wM the local gavernmental entity, BY Caw, rile Questionnaire must be fired with the Fort Worth CKy Secretary no later than seven days after the data the person begins cvntrecl dmeunsions or negotiations with the city. or submits an application or response to a requesl For proposals or bids, correspondence, or another writing related to a potential AQreernent with the CIty. Updated Questiannalres must be (fled In coriformanre with Chapter 176. A copy of the Questionnaire Form CIO is enclosed with the submittal documents. The form is also avallabfe at hit DjAvww.ethics.s t _t usl or C;Q f, If you have any quemlori5 about compliance. please Consult your own legal oounsal Compliance Is the IndivJdual responsibiiily of each person or agent of a person who Is subject to the filing requlrernent. An offense urider Chapter 176 Is a Class G rnlsderreenar, MOTE: If you are not aware of a Conflict of Interest in winy buulneas r0ationship that you mjpht haun w4h tho City, state Contractor iiame In the # 1, use NJA In aach of the areas on tho form. However,a signature is required in the 94 box In all cases. (form follows) FORM 1295 — Under the 'rexas Governlinetrt{Corte, Ch. Z252.908, a contraictvr doing Imsiness with the CCty of fort Vifortii with an Initial contract value which requires city counell approvaf will, uniess sitherwisa exompted, bo required to subiolt ii Form 1 Z95. See fart II, Sec. 9.4. 'Ifl--41138 Fuel Tank and Iristsll far Fire$ration 17 P"o 24 or 34 RFQlID&LmdJuly 2,X10 19-0195 Fuel Tank Install for Fire Sta#ian 17 Page 26 of 44 CONFLICT OF INTEREST ClUE TIONNAIRE FORM CIO For vendor thing business Wth local govermwmal entity Till&0"liE+Inrlfra iaf1600 01011909 @6Kk W IN 14W W KEL 2S, "?I Loy„ firgWar 8"idnn, OfnCEUSEONLY Thle quiastiotmrlJre Is LrolaU idrid iri rj"ordance with G hmpter 176.i_ocai Ciumm ment Code, tZ ta.77 !y b vnndwwho hzaa buu1nesr.r01uUwrl5hip as dallmd by Seclion 176.001(1-a)wJlh a lmaI gbve?nnanW orstity and ft Vonclar ITte6413 fequlremtPnfln urldof SooUorl 170.00 (a), EV la w IhIs quosilcmahm rmatbG11 dwilhihefu ulsncrminIE;Im1oralthelocn?gomrimantol enlily nut laror limit 019 7th huwlrmma day ortor 13io data IN3 bender beGpmee nware ts1 incls that n qufra iho ntal amens to tie pled. :del Becliarl 178--OOG(a-i J.i.omf Qnvlamminnl('ado- A Vander camnft an olfennn it the vendor knowingly viltialus.8&,Aon 176,006. Local ,�r emment�.Arf altanso under I1riasaclJen ism rnledumaanor. ,.t Muni I?ai verkdLW why 11 businoisaielaftnonkp whit louv pumritrmQllfill pfrllty. 11;0 US tax If Ybu=Illing an upcW ua IMF q FFWau—ily Illoa iltitomimmalm. 0he low focimbae lhat you (Ila at updalad r:ampferad queallonnalre witl4 t}Iv aoptoptliga fillrlg aillh4llty 11al twot Ihim the 7kh burinims dmiy attar the clots W Vwhidl you h pi iuia aware Ihat Ilia ofipinarly riled quostiollnafre wag irrrbli3plela or 1ng0C4FlltB.} 9 Horne of lecar amarnmenl ofllcm 417411i whom the itltormatlon in I his mknioii la hr.Ing dleclaswo. IJ�rroe of Offk�er Ytrlo suntlon jitettl 2 incG.rd W dub� A, 13, 0. & Dt numl tea tomrdutnci ror aac3h ali[cur mAl wllram III V"Ut hZIS nn 1Rn►phVmant or ullror bUldr1a91t.rdlatlorlrfdp se dBAr d hyr sa rJan 17 3.0010-a).i.nc4il Garornrrlamt Goda, Atmh orliWonral pages to Ns.!`oink CIO or,nsr. ary- A- is Elea Wp d-goommon&Wrimur nPimad m Ihla aaallon rorrolviHV or 41aly to i Exaiye taanble hicam*, olller Ihi m an"rstmearl income, ham iha vorsdoYT 1-1 You ED Hd Cl is tr,a vffrnlor rpc tvlrlynr riknry Ioraoenre Inxabla Iilp+me,allwi Ilion InwnalmmiL Fncnrmr,horn ar tat am diractlon Q1 010 food? ejm*rrwrwil laffieer named In thla onntlam AND Ilan taxAble incc na In rwl feuviwui burn IN focal gvsrommuntal ffrriity7 Vvtt NO C fs the MIM of li!iB Ctuaak;annulra.aaltptoyod by a corporation or ollior buslinorlu cpnllty wJtll rospoal. Io whk-l Ifto tayalaf d+rwammcmnt olfioar nu o6 as an afi600r nr dfrcctor.m hakfs an oumarslllp InWROLol tom poirC11111 Ijr MHO = Y+IR = K, D. De-EctFho each errOLivIrmW or huslnns5 fowl #Hmily iwlelIonEUp Wl?r tlw kieul goveMmirit affinat rutra l Jn 111fi obatkrn- �- / 2 ftnal wa of a Ring b(mInm wale is r, I wi E J4d4Atttd lWY12015 19-0106 Fuel Tank and Install fear Fire Steuart t7 Pads}25 of 34 R1101 Isamd duly 7,21799 10-aIm Fuel 'rank Iltstail for lire Station 17 Page 26 of 44 ATTACHMENT - B BIDDER'S CONTACT INFORMATION Bidder's Nmue; All-Tech FUft-:I Systems, LLC Bidder's L-oral Address; Phone; _ _ Fax-, 281-521-7f977 Email; info. a1ltechfuel,com Name of person aaslgnecl specifically for thls Agreement: Name/TilleTrayis Motilaamery 111oe 1'resldenl Phom. 214-1 8-0689 rS;r;_ 2li 7nZ7. Email. tmont uma alte fue[.rorri Name of persor's for renewal information anftf billing quesllons: NamerRia .Jamie Smith Agomunhng_ _ Phone,_781-AMM iD Pnx, 281-521-7077 Emal1; Nams7 tfa Pharta: Fax; E-mail: Si nalure Prnfed Name � Dato 19-0198 fuel Tank and Inst@11 for Flro StOlon 17 Page 25 of 34 RFCR Ifitusu July 2.;2019 19-0195 Fuel Tank Inslall for Fire SNition 17 Page 27 of 44 ATTACHMENT — CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Chapter 2, Arid t I, Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when conaidering competitive soaied bids, to enter into a contract for certain purchases 1th a bidder whose princlpef place of business is In the corporate limits of the City of Port Worth acid whose bid is within 3 or 5 percent of titre lowest bid. depending on the value of the request 01"d goods or services requested, if the lowest bid Is from a husiness outsido the municipality and contracting with the fowcal bidder would provide the best combination of price and other economic benefi#s to the municipality. Requests to be considered a loc.Bl business roust be submitted on Ihis form with bid parkriges to he conseemrd by the City'of Fort Worth_ Questlons should be eWdressed to the Purchasing doff listed in the bid or requeAk package. The Fort Wfonh oily Council requires the fofiowing information for conslderatirxi of location of a t}wer's principal place of businesn. Add addl Wttial sheets if needled to provide this Information, 1. l,ocatiorral Eligibility_ Principal Piece of Buslness in Fort Worth. 'texas. a. Do you have a Fora Worth offire? ff yes. identify address; No b, What perranlage of esltmated gross company Belles (worldwide) are sales originaling In tort worth? in Fort Worth" shall mean payable at the For# Worth orfPce (must ex id ZG% 2. Economic Dovelopmant oppoatunitles resulting from contract. a. Number of Fors Worth resident-empigysaO 0 b. Amount of Clty of Fart Worth ad valorem taxes (real and bkjs1nese per5onvf property) paid by cornparly (fat prior lax year—Fort Worth office or former Iocarlon. if i=orl Worth u#fire is newly- established)? $0 Gertificalion of in#0rfe1;1lion: The undersironed does hamhy affirrrr that the i11f0rritiatr0n supplied in tree and correct a$ of the date hereof, ender penalty of perjury. All-Tech Fuel I ieerns, L� 7112120'I (Company Name) (Date) . u� dlojihoiwlv �Si elute) jPrinted Naryand T le) I."190 Fuel Tank and Install fnr Flre Statlun 17 page 27 of 3+4 RF01 Irload,July 2,20 19 19-g1 ga rLrel Tsnk Install for Fire Station 17 Page 28 of 44 ATTACHMENT - a REFERENCE SHEET PleQe co aamplete and relurri this form w11h your bid. The bidder shall furrifsh refqrences ftor at least three(3)recunt customers 10 whom products antllor services hative been provWed that are sirnilaf to those required by this RFQT, The Clty w!11 be the sole judge of refemnces Please use add itionaI 5;heets, 1. Company's Neme Federal Bureau of Prisons- Seagoville, TX Name of Cwtacl Robert Horsst,pad Title of Contact _Huad Guard Pre sernt Address 2113 N H Y 175 City, State, Zip Code SeagovIlle, TX 75159 Telephorie Plumber ( 972 � 2E7-&716 Fax Number{ � Small NIA 2_ Company's Name Marker 37 fftrina Name of Contact Wch ell Kalagdit Tftlu of Contact Owner _ present Address 13317 8 Padre Wand Or, City, State. Zip Code _Corp us Cristl, TX 79410 Tel+~phune Number (512 ) 282-6050 Fax Number ) C-ME l VA - 3, Company's Name Brandt Industrial Name of Contact Chda AYers We of Oontacl Aro eel 11 erne of Present Addras8 V/ City, State. Zjp.Code Irving, _ i elephane Number (214 ) +39Ct 262 Fax Number( } Email 19-0198 Fuel Tank and lnstnIl far Flne Statlon 17 Page 29 of 34 RFOt lasued dLdy 2,7019 19-0195 Fuol Tank Install for lire Sletion 17 Page 29 of 44 ink sbbtJ LAR V A SURETY COMPANY P. Q. Box 1409 TUL A, OKLAHCMA 74101 B1D BOND KP40W ALL MRN 15Y7rjMI!r "REMNT5: m131VW. All—Tcuh F'aael Syslttms, es r+nncIp$1.b na Ipa rJK4.A IJ UNIA 5U r[E7Y L'rr MFAAY-a cat pnrAnon o Ilil4r'r llia t1fM tN I"}%'g 41 U'Wr nnll Ulr;i 0r=(j tv 11h Wa1ne5s cn 1he sh le 431 TixaIS _ ns 51lrCty pet held and ilhsrry 4nund aw4[rs Iho City of Voa Wiji-th v aS ouugaa ul ula wvnunt o1 1°/i c>I i#I+� rIlll,illJil E)OLLARS, lmwful gWn&/OF Ih as lJnAad;�tmlms of Ali lalrlcu,10)uld pnYmenl of t hkft-vM of roan v wrll aarci true to Oat rikmdo,The said ftripal an d Suralyr Mir UkOM9elves- Mead enrh nrdr, tr heir!,eoe�eularz,f3inHiIKlr�dn�,-#LMr a.nra�nrlrW#;I s,loiaN� are 9 yhvyrM1lly,by Ihain hme+rnls ME C17N DMON Of TWS ONLrC3Jo1 m J s 811C11.Mal-+I Iha Gl ll�u a shd ninke do oward lu Ihtk F>IinolPol fw, R t? T No Ii#-(+wsp v llci '1'V rIit & II1NWI I{yr Station 17 i r)I !Ioln )hil l St„ Fort Wort11. '1'VC aoeanenglallla lerana arine praperul or bid made W thq Prinr.vnl ihermlor.and the POFKVI shell&N mke eno Crd*twon eonlrpq wvllJr i1G,:ohllgon zi auwdelaao Mh rha IaranS al 5413 PPOP WAl of Uld mild mwrard itod sle qve biswi hr Uit Fn Ilhlhl'parfarilmn"III9FwF,will«Ulu ON LANOMA VRI E YY COMPAMYak SureV orwilh olhrr d;jFmj &bt,rzltes approved bylhe Ck ona-,or If the Ilym aw smu In nfty al lauarcrtse t4 dn.miv]a Ih&Qihdaa IhR rrnmapcs wlilth DEC trkRilea may sciver 4 reason of scroh 6euura pint NceediDo Ine panDW aT Us hoFlrr, then LW!x& gjukn&lurq tra null Brad old;adtri wl#a It Shall bo Mnd 1driaaln kin iuli(once And elferL SMed.psiedaanddWidlhls 12tk1 dmyor. Ally _tl)III All—Tech FUL1l Sy te�atr;, 1.1,C 70,L % 61.1ps ,►►r ay._ ` lac vuil3»3 ei UMEz—-rY CQ flP Y B'� � AA 1a,1a�l; �Illcrastlrt 1ltx,lsall�;rta{tu rydn-F�ol OKLAHOMA U ETY COMPANY 'I437 SOUTH DOULDER, SUITE 200 -TULS,A, OKLAHOMA 74'1'19 • 918-587-7221 • FAX DI8-ir08-1253 POWER Or ATTORNEY KNOW ALL MEN BY TRESfi PRESENTS. Thai ihi� OKLAHOMA SURETY COMPANY , �otsaporaffpn urg�erl7.ed and axl�siing LlrlSfer and by Ylrlue Dr ri,a kawa or Ih1t data of Ohlri,dour;rservby nornlnale, aanellit,it and aprrninr thin parson or persona fTemed beirrw, oeah IndfvIdlieloy tr mare R iart am Is mail ed I eta inm end lawful atturis6y,l11-faol,foe It and In kls Rpine,place and slend to exerruto on bnholf pr Ifie said Company, a euraiy, arty and aN hands,umWiNkln s and aprekrapt4 ar euretyohlp,or ocher wrlllan obll{fa4wis in the naline fMer"f, ,Jim BiDan, Ooaj6ah C, Cojen,-�jn, Brlrl,arn Edeoi, F11ionrla Hoppingarlier, C hrls Monroe, Fred Monroe and M. A. Monroe, rill of ARLINGTON,TX I N M'rNF-SS WHEREOF.11310 OKLAHCk MA S URETY COMPANY hox toured ltiose prosanrr.to be armed and aria str d I,i,IIr.ri ppi Qpriate trifl;era artd F %rrjarilte real hareurlto affixed this 19 day ur Juno �018 4 .0 OKLAHOMA SURETY COMPANY + i• }kl i t AT7ES 5i1-lARON HA 'KI- - "Secretary TODD BAZATA VICE PRESIDENT On 1 Frig 19 day of Ju ne , 2018 berara ma peraorrarly appeariuf TODD RAZATA 1 to me known,tming duly-9WWn,dapuserr,and eays Itial gibe rm.IdEm IIr[broken Arrow.Cklahamii.That ache in a Viaa Prttisldflnl of Oklahoma SLff ily CQ Mpany,the vompany c[nnndbati In and wiiicii txecuted the above tflstrtrment;titan Wh9 knpN'a the seal of the sold Qompany;that thu anal athma0 11)iJ, veld Insiruniarif Is seas onrporato 5aal;lhol I!wab em a[I1"tt by amiiarrty pf hoot lzs Dime under the fay-Lows or salrl Cornpany,and IFlar a+Ire signed his name IJrereto by rlke okrlltority �IlrIrIII/f�� 110 O�►� +q,y' Commi9elnn# 11008253 STATE OF OKL,ANOMA t�* ;• :'i Y My C on explrga; 0. �08-19 COUNTY OF TULSA ~'��r N + JULI1` AL HAN RZty Xi iI4 This Power oT Attorney Jr 11ranled by aulhorHy of Uta iallowlrsj;I Iowlikillons adopted oy I"Bowd or 01racrore of Oltlohorrro Surety campirly Jay armnlmous wrfktt•rt conaenl dated�eptmtnber 25,20109. RESOLVED: Thal the Preslderil,the Excat]dve Mon Prpeirlant,Ilse several Senior%lice PraslditlLs anal VIOL-PreWder4o or any ens of Ihanr, bt}alur hafoby in oukhodZed,from time to time,to appWnk one or morn Allarn0P-In-Foci to oxeouta an behalf'of iI)o Cvmpanyr Ee aWoty,a,ty Mick eiI boridN underlaklripa and vorikraals of raim"Iikp,or 0Ih9t wrill a n ffbllgatlann in I ho tialore l#11areof;to prescdlp&thelr rasponliva dulfee and the respecilve alnills rsf 1ltelr authority;and to rouoku any laugh appolntmorg at any Ilrnrr. RESOLVED FURTIAPP;-That Ilia Company seal arlr1l11e slonulure of arly of rile Rrar old officers and any 5eoredary or Aissktant.f$ecrotary of the Company may ba flfflmmt isy FSlrglmilri-lo any power of aiierney or cariJflcalo 0 ellller 9M+ n rnr file ekflcutlan oT any bond,uflrlarlieklnu,rorilracl nr eufely bh p, Dr other wrltl-an obliq; len In the agarirre IhQFooT, eucit glgnaturo and goal wherrt to Used belnp hereby adap{ad Joy%*Company as ilia ori[Hnor ralQnalure of such ufiker and the orlginat wail or 1I3o Cum{rarly, to ba va lid and bindl np upon Lhe C olnpDnV witlx the same(erne stid erled as I ltoupi% Manually affixed. CERTIFICATION I, SHARON HACKL or Oklahuina Surety CiDrnpsny,da haret,yccfilfy Ihat Irre forego*1p POW of or Allorney and Ihp RosMWfkns of Ilia goprd of.OlraotoFe ar 5apterribei 2S, 20D0 have nut tram revokad and arit Craw In full brae and of qh �,+rrr++,,,, &Ignad and aeulud this+ d#Iy of j ni:r SEAL •.+{ tw. 9H RON HACKL .secretary Yrtrrr,�tl�1�+�}yy VOID IF Box Is EMPTY i �} Kfp-CONTINENT CASUALTY COMPANY 01CLAROMA SURE, TY CONWANY STATER OF TEXAS CLAINI NOTICE E ENDORSEMENT lst accordance wWt Seckiojj Z.53.0 3 ( afthe'J'exxs Cxovan mcutCoda and Ilion 53,202( ) of tlxc'rcm-s PvoperLy Cade, arty unticz off'daim to the named muciy und"flois bond(s)shoWd he sent to: Mailing, MM- ONTaNl NTCASUALTYCOWANY OKLAHOMA SURETY COMPANY P.O. BOX 1409 TUL A, OTC 7410I TELEPHONE NO. 1-800-72-2-4 4 FAX NO. 1-918-586-U840 R-MADE: .A1 S MCG-INS.CO 1'llys`ecal. 1,131 S. BOULDER S MIE 20 TULSA, OKLA140 A 74119 rT�TAC TIHS�NOTI7��L�{"y�"O^1�}4��J71� BOND ALL =TECH FUEL SYSTEMS (RFQT NO. 19-0198) City Of Fort Worth - Fuel Tank And Install For Station 17 References 1. Customer Reference Owner: Federal Bureau of Prisons — Seagoville, Tx Customer: FCI Seagoville Contact, Title, & Number: Robert Honstead, Head Prison Guard 972-287-6716 Contract Amount: $454,00( Percent Complete: 80% on hold to complete, waiting for customer to give us the go ahead to finish Date of Completion: 05/30/20 Description of Project: Install new 12,000 gallon AST for diesel, install new piping, pumps, dispensers, etc. Remove 3 underground tanks and install new 5k gallon AST for unleaded 2. Customer Reference Owner: Baylor Scott & White Hospital -- Irving, Tx MEMBER INS 850 Brookline Katy, Texas 77494 281-830-0000 Fax 281-531-7077 T.C.E.Q. UST Contractor#-CRP-001425 TCEL#27813 2 Customer: Brandt Industrial Contact, Title, & Number: Chris Ayers or Francesco Schaff (Project Managers) 214-490-8262 Contract Amount: $457,000.00 Percent Complete: 100% Date of Completion: 12/15/2018 Description of Project: Install two new 20,000 gallon ASTs for 3 boilers and four Generators — welded pipe, custom controls / pump enclosures, new valves, underground pipe, electrical, etc 3. Customer Reference Owner: Marker 37 Marina — Corpus Christi, Tx Customer: Marker 37 Marina Contact, Title, & Number: Mitchell Kalogridis 512-282-6060 Contract Amount: $226,000.00 Percent Complete: 100% Date of Completion: 11/10/2018 Description of Project: Provide and install one 25,000 gallon underground petroleum storage tank with 3 compartments, tank hardware, well pointing system, underground pipe and sumps, new dispensers and fuel management software. 4. Customer deference Owner: QuikTrip #4070 San Antonio, Tx MtM6ER �EUM C�lEl4kliEVl Et� 850 Brookline Katy,Texas 77494 281-830-0000 Fax 281-531-7077 T.C.E.Q. UST Contractor#-CRP-001425 TCEL#27813 3 Customer: Fulcrum Construction (GC) Contact, Title, & Number: Jesse Gonzales Site Superintendent 210.760.1044 Contract Amount: $268,000.00 Percent Complete: 80% Date of Completion: 05/30/2019 Description of Project: Install (4) 20,000 gallon underground fuel storage tanks, tank hardware, sumps, underground piping, (8) dispensers with fuel management systems Other Proiects Recently Under Contract - University of North Texas (Denton, Texas) -- Remove existing canopy and underground tanks and install new 25,000 gallon underground tank with new equipment, dispensers, card reader. Includes electrical and concrete work and new canopy replacement - City of Galveston — Trolley Fuel System upgrade — New disp, card reader, and automatic tank gauge system - HCA Mckinney Hospital — New 8,000 gallon AST to feed three boilers, include controls, tank hardware, underground pipe, and electrical - Ben Taub Hospital -- Replacement piping for the new generators, provide and install new controls and electrical - Memorial Hermann Hospital — Relocate pumpsets, install new welded pipe, electrical, additional controls - Klein Fire Station — 3,000 gallon Split Compartment AST with two new dispensers, card reader, and pumps. Includes electrical ME M 0 [ R 21 PEIP UM RVFMENT INS' 850 Brookline Katy, Texas 77494 281-830-0000 Fax 281-531-7077 T.C.E.Q. UST Contractor#-CRP-001425 TCEL#27813 ATTACHMENT B VERIFICATION OF SIGNATURE AUTHORITY (executed copy attached behind this page) 19-0198 Fuel Tank and Installation for Station 17 Page 9 of 9 Contractor Services Agreement ATTACHMENT B VERIFICATION OF SIGNATURE AUTHORITY FORM Contractor: l -rec A F- 1 4e.lvv-, L-L- . Addm;ss: B50 �rc�l�4it Executlon ot`this signs INru Verificttiion Form ("I"CAI IL-) hereby ccrtilies ihat the following individuals andfor p(mit cios have tha nuthorhy Iv lepily bind Cunimclur nisd t{} e1(8eutt arty agreLm nt, uinendniMt or change ordef on behalf of Contractor. Such binding authority ling been grafted by proper urcier, rvwluiion,Ord innnca or other uulhorFzatimi or Contractor. City i.9 fully entilled to [vly on the warritrity and representation set fortis in this Form in enterhT into any agreeinent or amendrrtertl wily C*c wnwirxr. Contractor wlII submit wi updated Form within t (10) busJness days-if there are any changes to Ihu ftwdory authorhy. City is ontillad to rely on any i:umnt cxuctil d Form mitil it recclives u revised form that lum been properly cxucuted by Contractov. Position: Vie-e- Kr- ~4 signa,116re. 2. Nang; Position: Signature 3, Name: Fnsiliori: Nam O zer�'11 la: Dater