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HomeMy WebLinkAboutContract 59446City Secretary Contract No. 59446 FORT WORTHCH) VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and Youngs Tank Incorporated ("Vendor"), a Texas Corporation, each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Price Schedule; 4. Exhibit C — City's IRB No. 23-0017 Fuel Tank Inspections and Repair Services 5. Exhibit D — Contractor's Bid response to City's ITB No. 23-0017; and 6. Exhibit E — Verification of Signature Authority Form. Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B C, or D 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. The Vendor shall provide fuel tanker inspection and repair services on City -owned bobtail fuel tanker vehicles. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 2. 3. Term. This Agreement shall begin on June 10, 2023 ("Effective Date") and expires one year from that date ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal options. 3. Compensation. City shall pay Vendor an amount not to exceed $75.000.00 in accordance with the provisions of this Agreement and Exhibit `B," Payment Schedule, which is attached hereto and incorporated herein for all purposes. Vendor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all invoices of Vendor within thirty (30) days of receipt of such invoice. OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY page 1 of 65 Youngs Tank Incorporated FT. WORTH, TX 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-abbronriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Oblisations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it 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. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three Vendor Services Agreement Page 2 of 65 Youngs Tank Incorporated years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. Indeuendent Contractor. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors and subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subVendor. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR 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 VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, Vendor Services Agreement Page 3 of 65 Youngs Tank Incorporated negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. Assignment and Subcontracting. 9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverase and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: Vendor Services Agreement Page 4 of 65 Youngs Tank Incorporated $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to City to evidence coverage. 10.2 General Reauirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. Vendor Services Agreement Page 5 of 65 Youngs Tank Incorporated (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. ComDliance with Laws, Ordinances, Rules and ReLFulations. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement 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 facsimile 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: City of Fort Worth Attn: Dana Burghdoff 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Youngs Tank, Inc. Russ Hamilton, Engineer, Sales, Service Dept. P.O. Box 491 Boyd, TX 76023 14. Solicitation of Emolovees. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. Vendor Services Agreement Page 6 of 65 Youngs Tank Incorporated 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. 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. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Parry's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting parry shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Entirety of Agreement. This Agreement, including all attachments and exhibits, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. 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. Vendor Services Agreement Page 7 of 65 Youngs Tank Incorporated 25. W rrantv of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 26. Immigration Nationalitv Act. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28. Signature Authoritv. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. Change in Companv Name or Ownership. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for Vendor Services Agreement Page 8 of 65 Youngs Tank Incorporated less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 31. Prohibition on Bovcottine Enerev Companies. Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 32. Prohibition on Discrimination ALainst Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate against a firearm entity or firearm trade association," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 33. Compliance with Public Information Act Reauests. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and Vendor agrees that the Agreement can be terminated if Vendor knowingly or intentionally fails to comply with a requirement of that subchapter. Vendor acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if- (1) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Vendor shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Vendor on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City all contracting information related to the Agreement that is in the Vendor Services Agreement Page 9 of 65 Youngs Tank Incorporated custody or possession of Vendor; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City 34. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. (signature page follows) Vendor Services Agreement Page 10 of 65 Youngs Tank Incorporated IN WITNESS WH REOF, the parties hereto have executed this Agreement to be effective on June 10, 2023. CITY OF FORT WORTH: Daum But-ghdoAc By: Dana Burghdoff (Ma 2, 2023 11:28 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: ,20 APPROVAL RECOMMENDED: By: Name: Steve Cooke Title: Property Management Director ATTEST: By: Name: Jannette Goodall Title: City Secretary VENDOR: p'Ci- vPIA. 00�ORT�'0�-10 �o o d0°ss=d �44 nE, 45bdA YOUNGS TANK INCORPORATED Avg f,r fta�W&0;r By: Russ Hamilton May 18, 2023 08:00 CDT) Name: Russ Hamilton Title: Engineer, Sales, Service Department Date: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. n&K4ke- Y� cuL Denise Garcia May 18, 202310:21 CDT) Name: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: By: RichardRichardA� ay21,202317:04CDT) Name: Amar Thakrar Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: NA OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 11 of 65 Youngs Tank Incorporated EXHIBIT A SCOPE OF SERVICES 1.0 INTENT 1.1 Vendor shall provide the City of Fort Worth (City) with fuel tanker repair services, emergency tanker repair services, and fuel tanker fabrication services for the City's various classifications, types, and makes/models of bobtail fuel tanker vehicles. 1.2 The Vendor shall provide an acceptable level of service in terms of cost, time and workmanship. Upon return and inspection of services completed, the City's Property Management Department's Fleet Division ("PMD Fleet") personnel will notify the Vendor if any issues regarding the services or parts are found to be unsatisfactory. The Vendor will have seven business days to correct any deficiencies. Failure of the Vendor to correct services or parts to a satisfactory condition shall be considered grounds for terminating Agreement between Vendor and the City. 1.3 The Vendor shall perform the services using the most up-to-date and appropriate methods available for said services based on OEM guidelines and current industry standards. This includes, but is not limited to, all suitable repair equipment and parts to insure the satisfactory execution of any repair or installation. 1.4 The Vendor shall provide documentation on their personnel authorized to perform work on City equipment. This includes all certifications that qualify them to perform said work. 1.5 The Vendor must give the City priority service, as City vehicles are utilized for public safety and emergency response. Expeditious turn -around is critical to City operations. However, additional fees for priority services are prohibited. 2.0 PARTS 2.1 All parts utilized in repairs, replacements or installations on vehicles and equipment must be new unless otherwise requested by PMD Fleet personnel. Any aftermarket, rebuilt, or remanufactured parts, must be approved in writing by PMD Fleet personnel prior to being utilized by the Vendor. 2.2 The Vendor warrants and/or guarantees all work and products supplied under this Agreement against any defects in design, workmanship, materials and failure to operate satisfactorily. Each product shall be constructed to the highest standards. Products manufactured of poor workmanship will not be accepted. 3.0 ESTIMATES 3.1 Vendor shall provide written or electronically produced estimates to PMD Fleet personnel before the start of any work. The estimates must be emailed to the PMD Vendor Services Agreement Page 12 of 65 Youngs Tank Incorporated Fleet employee(s) and/or PMD Fleet facility location which requested the services to be completed. 3.2 Estimates shall be approved and authorized by PMD Fleet personnel in writing via email with the purchase order number prior to work being performed. Verbal approvals should not be considered. 3.2.1 PMD Fleet shall create necessary work order for tracking. 3.2.2 Vendor shall be notified, via email, of repairs needed and/or diagnosis from PMD Fleet. 3.2.3 Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non - warranty. 3.2.4 Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases. 3.2.5 PMD Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 3.2.6 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs are NOT to be performed until a purchase order has been issued in writing from PMD Fleet. This ensures proper tracking and documentation are in place for the Vendor and the City. 3.3 Final submitted invoices submitted to the City for work performed should always match the final estimate received by the City. All revised estimates must be approved in writing prior to billing. 3.4 If City vehicle or equipment is serviced by Vendor for warranty work, an estimate provided by the Vendor to the City shall state `Warranty Service'. 3.5 All estimates provided by Vendor will be quoted on a `time and materials' basis unless the service is subcontracted, adhere to the agreed upon contract rate(s), and itemized to illustrate the cost of each of the following, if applicable, to the service or work performed: 3.5.1 Estimates shall include number of and cost of part(s) to be installed. 3.5.2 Estimates shall include cost of labor to perform repair and/or installation; itemized by number of labor hours per labor line. 3.5.3 Estimates shall include itemized inspection/diagnostic fees. 3.5.4 Transportation fees, if any, Pick-up & Delivery Inclusive. 3.5.5 Miscellaneous shop fees will not be allowed. These costs should have been broken down in Labor, Parts, or established fees defined in the bid lines. This should be considered only when bidding applicable costs in the other time and materials categories. Vendor Services Agreement Page 13 of 65 Youngs Tank Incorporated 3.5.6 Travel charges for mobile services will be considered and must be itemized. Standard flat fees will not be considered. 3.6 PMD Fleet shall create necessary work order for tracking. 3.7 Vendor shall be notified, via email, of repairs needed and/or diagnosis from PMD Fleet. 3.8 Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non -warranty. 3.9 Warranty and billable repairs shall be on separate estimates(s) / invoicing in ALL cases. 3.10 PMD Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 3.11 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs with a cost associated to the City are NOT to be performed until a purchase order has been issued in writing from PMD Fleet. This ensures proper tracking and documentation are in place for the Vendor and the City. Vendor Services Agreement Page 14 of 65 Youngs Tank Incorporated EXHIBIT B PRICE SCHEDULE FORT WORTH. PRICE SUBMITTAL Event ID Palle Invited PUBUC EVENT DETAILS CFWO1-21-1017 Event Round Version To: City of fort Wonh 1 1 FINANCIAL MANAGEMENT SERVICES Evetrt Nance FINANCE - City Hall Purchasing ITa rust Tank Inspection and [iep�iT Secvicea 200 Texas St. (Lower Level Rm 1500) BgrtTime RnNhTimi Fart Worth TX 76102-6314 01/10/2C23 08:OD:OC CST DW02/202.3 13*30*00 CST United States Email- FMSPurchasmgResponses@fortworthtexas.gov Liras: 1 Description: jlv Unit UnitPrjpa To awl Seneca, Annual Inspection hlcn-Fr: 8.00 ABM -` 00 PM 00.00 E/. S�CC °" ?pp no Line: 2 Pescriptjor) Wyk pit Labor. Hour Rate Maintenance 8 Repairs, 500 XR UnitPrjce Total Men-Fn8:00 AM-S:OOPM I Ou Ot I F� I' G r'Z) I Line: 3 Deee oA p�yy chit UnitPrice Total Service. Dete)jng for Specialized Vehicles 266.AD EA . QDOC PCDDUu Total Bid Amount: A bid of '0' w.t be interpreted by the CAy as a no -charge (feel item and the City wi not expect to pay 'or that item. A bid of 'no bkf or no response (space left blank) will be interpreted by the Civ that the OHomr does not wish to bid on that Item. Be advised, a 'no bid' or no response may be considered as non -responsive and may res_dt in dispuaii5cabon of this bid. Items not bled above will be orfe•ed W a discount of �t .. (All parts and replacement parts may be added on an as nonded hasis Ihroughn,I the life of ;he agreement, therefore, the bdoer shall submit a prime ist for all avaiable hems min their bid submittal ) ITA 7340' 7 fuel Tank Inspection and Repair Services Page 4 of 34 Vendor Services Agreement Page 15 of 65 Youngs Tank Incorporated EXHIBIT C City's ITB No. 23-0017 Fuel Tank Inspections and Repair Services Vendor Services Agreement COVER (PAGE Event ID Page Invited: PUBLIC EVENT DETAILS C.FW01-23-0017 1 Event Round Version Submit To: City of Fort Worth 2 2 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing I-U Fuel Tank Inaoection and Re it Services 2DD Texas St. (Lower Level Rm 1500) Start. Time Finish Time Fort Worth TX 76102-6314 0111^12023 09:00:00 CST C21D9 `2722 1.3:.30:00 CST United States Email: FMSPunchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth (City) seeks bids to establish an annual agreement for fuel tank inspection and repair services for the Property Management. Department on an 'as needed" basis. Submission Requirements and Deadlines All companiesrindividuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please visit https:/Avww.fortwortthtexas.gov.+departments!finance+purehasingfregisterfor more information - Assigned Buyer: Maria Medina A pre -bid conference will be held in -person and via WebEx on Tuesday, January 17. 2023. at 2:00PM (Local Time)- Attendance at pre -bid conferences is not mandatory but strongly encouraged - In -Person Address: City of Fort Worth- City Hall 2D0 Texas St Fort''Aorh, TX 76102 Located on the Lower Level atthe North end of the building, across from the elevators in the Development Seances Conference Room LL1201. W ebex Meeting Phone Number. +1-469-210-7159 Meeting Log In: 2559 392 7151 Meeting Password: 4f3MUdFC3U6 Meeting Link htips_flfortworthtexas.webex.cam'fottworthtexasfj.php4MTID=me75748adg2efc7f53oldD5doedOdf5a4 Bids are solicited for furnishing the merchandise, supplies, services and,+or equipment as set forth in this solicitation. Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., February 9, 2023 and then publicly opened and read aloud around 2:00 P.M- in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER AND BIDDER COMPANY NAME WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIA1E STAMPED PRIOR TO THE 1:30 P.M. DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level, City Hall, 2DD Texas Street, Fort Worth, Texas 76102 Bids delivered by special courier (i.e- Federal Express, Special Delivery etc.) are to be marked on the outside of the couriers shipping envelope 'BID No- 234017 Fuel Tank Inspections" AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 P.M- DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be retumed or destroyed; they will not be opened nor oonsidered in the evaluation of the bid- Bids may be withdrawn at any time prior to the official opening. Bids may not be ahered, amended or withdrawn after the official opening- The undersigned agrees, if the bid is accepted, to fumish any and all items upon which prices are offered, at the price Is+ and upon the terms, conditions and soope-+specifications contained in this document. The period for acceptance ofthis bid will be 120 calendar days after the bid opening date. Solicitation Documents: Cover Page Bid .Submission Signature Page" Price Submittal` Part 1 Instructions Part 2 Soope of Services, Specifications AttachmentA-Conflice of Interest Disclosure Requirement" Attachment B - Consideration of Location of Bidders Principal Place of Business" (if applicable) Attachment C - Vendors Contact Information" Attachment D — Reference Sheet Attachment E - Draft. Vendor Service Agreement, attached as a separate document Attachment F — Vendor Qualification Questionnaire" Attachment G - Documentation Checklist " "Required to be completed and submitted. See Section 14.2. Part 1 for all required documents that need to be submitted. Failure to submit all items will be grounds for rejection of a bid as non -responsive to the specifications. ITS 23-0017 Fuel Tank Inspection and Repair Services Page 1 of 33 Vendor Services Agreement Page 17 of 65 Youngs Tank Incorporated FORT WORTH, ^`'� BID SUBMISSION SIGNATURE PAGE Eve rit ID Paw Invited_ PUBLIC EVENT DETAILS CFW01-23-0227 3 Event Round Version Submit To: City of Fort Worth 2 2 FINANCIAL. MANAGEMENT SERVICES Event Name FINANCE- City Hall Purchasing I =E Fue1 Tank Innoectio and Revair Servicem 2DO Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 01!_.2 2023 09-00-00 CST 02/09/2023 13:30:00 CST United States Email: FMSPunchasingResponses(afortworthtexas.gov The undersigned, by hi&,,'her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document, contained herein. The Respondent, by submitting and signing below, acknowledges that he.she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. Legal Company Name: Company Address: City, State, Zip: Vendor Registration No.: Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: Federal Identification Number (FID): Will agreement be available for Cooperative Agreement use`? Yes No ('See Section 22.0.-Gooperative Purchasing' of Part 1,-instructions-) ITS 23-0017 Fuel Yank Inspection and iRepai Services Page 2 of 33 Vendor Services Agreement Page 18 of 65 Youngs Tank Incorporated ruK i VMK i rt. PRICE SUBMITTAL 'vent 'ID F.,a_e !['S5tG1-�3-0417 :vent Sound Version 2 :vent Mame T2 Fuc1 Tank Ia.soectian and ,.r Services ;tart. Time wish Time 11/10/2023 08:00:00 CST 02109/2023 13:30:00 CST Invited: PUBLIC EVENT DETAILS" Submit To: City of Fort 'North FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 United States Email: FMSPumhasingResponses@fortworthtexas.gov Line: 1 Descriotipn: Unit UnOrice 5erme. Annual Inspection. Mon -Fri 8:00 AM I -5_DO PMI AN EA I Line: 2 Descrt,�pil.ioqq Unit UnOrice Labor, Ho= Rate Maintenance 8 Repairs, 5 _ b HR Mon -Fri 8:00 AM -5:00 PM I Line: 3 Descriq*pn: jUnit UnitPrice zed Service, Detail ing for SpecialiVehicles �Dho EA I I Total Bid Amount_ A bid of `O' wi be interpreted by the City as a no -charge (free) tem and the C ty will not expect to pay for that item_ A bid of `no bid" or no response ?space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item_ Be advised, a 'no bid' or no response may be considered as no -responsive and may result in disqualification of this bid_ Items not listed above will be offered at a distant of (Al parts and reptacement parts may be added on an as needed basis throughout the life of the agreement, therefore. the bidder shall submit a price list for all available items with their bid submittal_) Total Total I Total Vendor Services Agreement Page 19 of 65 Youngs Tank Incorporated PART -1 INSTRUCTIONS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency -or error that they my d iscover upon examination of the Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for any errors or misrepresentations that result from Bidders not using the completed Solicitation document and addendums. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division_ The location for the Purchasing Division is specified in the advertisement and an the 1i rst page of the solicitation. 2.0 EXPLANATIONS. CLARIFICATIONS OR QUESTIONS 2.1 Any explanation, clarification. or question desired by a Bidder regarding any part of the Solicita on must be requested in wdting from the Purchasing Division by the question deadline listed in Section 2_0, Part 2, so that a written addendum can be posted before the submission deadline. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 22 IN ODDER FOR QUESTI ON3 TO BE AN SWERED, ALL QUESTIONS MUST BE BY E- MAIL BEFORE THE QUESTION D EADLI NE AND MUST BE IDENTIFIED AS FOLLOWS: 2.2-1 All explanation, clarification or questions must dearly identify the buyer's name and the bid number on the document or on the subject line, if sent by and email. For example: "Attention: Buyer name and Bid No. XX-XXX"_ If the buyer's name and bid number is not included as specified above, the questions) will NOT be answered. 2.2.2 Delivery of questions by email—FMSPurchasingResponses*fbrMorthtexas.gav 2.2.2.1 Please note, if an e-mil confirming receipt of your e-mail is not received within 1 (one) business day, please contact the City of Fort Worth Purdiasing at 817-392-2462_ 2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, oorrections or changes_ Oral explanations or instrunons given before the award of the Contract are not binding- 2-4 Any material information given to one Bidder concerning a Salicitatian will be furnished by an Addendum pasted on the City's website under the corresponding bid number. 3.0 UNAUTHORIZED COMMUNICATIONS — Bidders'contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Purchasing Manager, the Business Equity Division, or as otherwise indicated in the ITB is prohibited and may result in disqualitcation from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written, with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or CiVs consultants regarding any natters pertaining to this solicitation, except as herein provided_ Any violation of this prohibition may result in the Respondent being disqualified KrRWL932. 1713 23-0U17 Fuel Tank Inspection an d Repak Senriaes Page 4 of 33 Vendor Services Agreement Page 20 of 65 Youngs Tank Incorporated from the procurement process. ,any oral commullicafions are considered unclRdal and non -binding wM regard to this ITB. 4_0 PREBID CONFERENCE A Pre -bid conference will be held in -person and via WebEx on Tuesday, .January 17, 2023 a: 2:30PM [Local Time). Attendance at pre -bid conferences is not mandatary but strongly encouraged. In -Person Address: City of Fort Worth- City Hall 2D0 Texas St Fort Worth, TX 76102 Located on the tower Level at the North end of the building. across from the eleva-ors in -he Development Services Conference Roorn LL1201. Webex Meeting Phone Number. +1469-210-7139 Mee -ring Log In: 2559 392 7151 Meeting Password: 4f3MUdFC3U$ Meeting Link httos:,,fortwarthtexas.webex-com.efortworlhtexas i.oho'7MTID=rne7574aadg2efc7i53cldO5di,,edOdrva4 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish al information required by the Solicitation ir, order to be evaluated- Prices or Percent Markuas submitted on other than the forms included in the Solicitation shall be considered non -responsive. 5.2 ,any attempt to alter the wordirna ir. the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITES - The quantities listed on the bid solicitation are onty ",..dtk.a based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City_ 7.0 TAXES - Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division- Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 8.0 DEFINITIONS 8.1 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to uu,ii. , .�- cite those features that render it equal_ Final determination of a product as "equal" remains with the City. 8.2 Delivery Time: Delivery time. if stated as a number o'fdays, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the data is not indicated, the Bidder shall state its best delivery time_ 8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery to the point of destination. 1 T".e Vendor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other lass and for any damage resulting from transportation- �6; IT6 23-0017 Fuel Tank Inspection and Repair Services Page 5 of 33 Vendor Services Agreement Page 21 of 65 Youngs Tank Incorporated 8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the IBidders expense and risk, and their tender delivery to the City- 8.3.3 Bids offering an-; other delivery terms are not acceptable and may because for reiechon- 9.0 PRICES. -PERCENTAGE DISCOUNT 9.1 Bid prices and percentage discount (if applicalblle) shall be firm offers unless otherwise specified. Pricing and percentage discount (.if applicable) shall be entered on the Bid :offer Sheet. 9.2 In the event of a discrepancy (between unit price and extended price, the unit price shall go4,em. 9.3 Prices shall be offered) in the Doi lars of the United States of America (or decimal fractions thereof)- 10.0 SIGNATURE - The Bidder must provide a wet signature on each document in the Solicitation requiring a signature- Any change made to the Bid must be initialed by the Bidder- 111.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID 111.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. If a Public Information Request is made for Bidder's proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General. The Final, decision as to information that must be disclosed lies hith the Texas Attorney General. 111.1.2 Failure to, identify proprietary information will result in all unmarked sections being deemed) nonHproprietary and available upon public request. 1.0 BID, PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall be home by the Bidder. 113.0 PAYMENTS 113.11 All payment terms shall be "Net 30 Days" from the date the City, receives a properly prepared invoice that contains no errors. Please see Section 11.0 for the invoicing requirements. Prompttearty payment discount(s) may be considered by the City- Bidders shall submit the proposed discount on the "Price Submittal" page- 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and.1or services using the forms posted on the City's website at https:(hNw,h. f, i rh,w l D rthte:,;a s.govldepartmentslfinancer'purchasinglach 14.0 SUBMISSIC;N OF BIDS 14.1 Bid cVocLdments: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy of the entire bid submittal on a flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the enve h_ pe. 14.2 Documents required to be submitted with, Bid: Bidders shall submit all the items listed below and util,e the format below to submit their bid prior to the bid submission deadline. IS 23-0017Fuel Tank Inspection and Repair Services Page 6 of 33 Vendor Services Agreement Page 22 of 65 Youngs Tank Incorporated 14.2.1 The completed and signed Bid Submission Signature Page; 14.2.2 The completed Price Submittal; 14.2.3 Shall provide a copy of their License issued by State of Texas to perform inspections and testing of cargo tanks_ 14.2.4 Shall provide a copy Department ofTransportation DOT Cargo Tank shop number and AS ME U Stamp for Manufacture of Cargo Tanks. 14.2.5 Bidder shall provide documentation they have a minimum of two (2) years of experience conducting services uimilor or related to the Scope of Services. 14.2.6 A completed and signed original Conflict of Interest Questionnaire, Attachment A. 14.2.7 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment B, if applicable. 14.2.6 A completed and signed Vendor Contact Information, AttachmentC_ 14.2.9A completed Reference Sheet; Attachments 14.2.10 A completed Vendor Qualification Questionnaire; Attachment F 14.2.11 Signed Addendum(s)acknowledging receipt. 14.2.12 Scanned copy of all documents listed in Section 14.2, Part 1 _ 14.2.13 Any other document included in the Solicitation requiring completion or execution by the Bidder_ 14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a bid as non -responsive to the specifications. 15.0 LATE BIDS 15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All Bids received after the submission deadline are considered late and will be returned to the Bidder unopened. 15.2 Purchasing's time stamp clack is the official time of record_ However, if the time stamp is not available or broken, the date and time written on the bid receipt by Purchasing staff shall be the time of record. 15.3 It is the sole responsibility of the Bidde r to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible forfailure of service on the part of the U_S_ Postal Office, courier companies, or any other form of delivery service chosen by the Bidder to deliver before the bid due date and time. 15.4 Bids delivered to a City location otherthan the Purchasing Division will not be considered_ The Bid must be received by the Purchasing Division and stamped before deadline to be considered_ 16.0 MODIFICATION OR WITHDRAWAL OF BIDS 16.1 Modification of Bids: Bids may be modified in writing at anytime prior to the bid submission deadline_ ITE 2MO17 Fuel Tank Inspection and ReW Services Page 7 of 33 Vendor Services Agreement Page 23 of 65 Youngs Tank Incorporated 16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the bid submission deadline. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the bid submission deadline without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the bid submission deadline. The City may require proof of agency from the person withdrawing a bid. 17.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 18.0 EVALUATION FACTORS AND AWARD 18.1 Evaluation: Bidders may fumish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an -all or none' award may be considered if a single award is advantageous. 18.2 Award. The Method of Award is detailed in Section 5, Part 2. (Note: A Bidder that does not earn at least 50% of the technical points will be deem "non -responsive` and will not be awarded a contract.) 18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a Purchase Order or a Contract. Subsequent Purchase Orders may be issued as appropriate. The contents of a Bid Response shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without a Purchase Order issued by the City. 19.0 RESERVATIONS - The City expressly reserves the right to: 19.1 Specify approximate quantities in the Solicitation: 19.2 Extend the Solicitation opening date and time: 19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City: 19.4 `Naive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder): 19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission deadline: 19.7 Reject a bid because of unbalanced unit prices bid; 19.8 Reject or cancel any or all Bids, 19.9 Reissue a Solicitation: 19.10 Procure any item by other means: andlor ITB 23-OC 17 =uel Tank Inspection and Repair Services Page 8 of 33 Vendor Services Agreement Page 24 of 65 Youngs Tank Incorporated 19-11 award to multiple vendors on a non-exclusive award basis, or primary, and secondary vendors.. 20.0 POST -BID DOCUMENTS REQUIRED FROM BIDDERS 20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Sal icitation. 20.2 Business Equity Division ClocumentS: If a Business Equity goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process with in two (2) City business da,s after the bid opening date, exclusive of the bid opening date, to the City location spe-ciuied in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 20.3 Certificate of Interested Parties (Form 1295: If the (Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchasefcontract wiJI be presented to the City Council. The form may be completed at httpslAvww.ethics.state.t,v:.usr`wtiatsnevw;lelf info fomi12'_'�i-=:.h rn_ 21.0 PROTEST PROCEDURE 2.11 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the Process. 212 The Vendor must submit any protest in writing to the Purchasing (Manager ,,vithin 14 days after the Vendor knows, or should have known, of the facts relating to the proposed action or award. 21.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, e-mail or in person meetings viith the protesting Vendor_ 21.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Vendor of the right. to review by a panel made up of City staff. 21.5 A City protest review panel will consist of an Assistant. City Attorney, a representative of the operating department, the Purchasing Manager and any other appropriate personnel or employees of the operating department 21.6 If the panel is unable to resolve the protest; or if the panel makes a decision with which the Vendor does not agree, the protesting Vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his,'her concerns. The protesting Vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C) in question_ 21.6.1 Vendors wishing to speak before the City Council shouldl review the rules for registering to appear before City Council located at: htt ,:: fortworthtey-.as.ao icitvsecreLir.r, info,ldefauttaspx'?id=29114 on the City s website. ITS 23-0017 Fuel Tank Ir►speclbm and Repair Services Page 9 of 33 Vendor Services Agreement Page 25 of 65 Youngs Tank Incorporated 22_0 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract: Bidder, shall indicate in their proposals whether thef agree that all temis: conditions: specification, and pricingwould apply. 22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Govemmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase materiallservices under this contract(s) awarded as a result of this solicitation. All purchases by governmental entities otherthan the City of Fart Worth shal I be billed directlyto that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each goy.:entity shall order its own materiayservices as needed_ ITS 23-0017 Fuel Tank InspecGan and ReW Services Page 10 of 33 Vendor Services Agreement Page 26 of 65 Youngs Tank Incorporated PART-2 SCOPE OF SEIRVICES. SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Wcrth (City) seeks bids to finalize an agreement for fuel tank inspections and repair services for the Property Managerment Departrnen` on an 'as needed" basis. Prospective respondi ng bidders should ensure -they download all attachments for complete responses and understanding of the agreement the City intends to award from this solicitation. The successful bidder(sj, known hereafter as 'CormacWf tl'endor." 1.2 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City is obligated to pay for only those services actually ordered by an authorized City employee and then received as required and accepted by -the City. 1.3 This Agreemen` shall begin on the date the City Secretary Contract is executed by the Assistant City Manager (Effective Date") and shal I expire one year from that. date, ('Expiration Date }, unless terminated earlier in accordance with this Agreement I. -Initial Term")_ Upon the expiration of the Initial Terrr% the Agreement shall aLrcn%3 jeally renew under the same terms and onrtditions for up to four { 4:1 one-year renewal periods, unless City or Vendor provides the other party ~with notice of non -renewal at least 63 days before the expiration of the Initial Term or renewal period. However, if funds are nor appropriated, the City may cancel the Agreement 30 calendar days after providing writer no 5caJon to the Contractor: 'vendor. 11.4 Following the award, additional services of -the same general category -ha: could have been encompassed in the award of this Agreement, and 'tha` are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. .5 Unit prices shall include all costs associated with -the specified work, including bu: not limited to handling, delivery., fuel chargers, fees and rrtifirations 5ees.. NO ADDMONAL CHARGES WILL BE ACCEPTED OR PAID• BY THE CITY- .IB Any seMoes that have been omitted from this scope of service that are dearly necessary or in conform.a shall be considered a requirement although nor. directly specified or called for in the scope of services. 1.7 The submission off a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 TENTATIVE SCHEDULE OF EVENTS TASK ITH Release Date Pre -Bid Conference Deadli ne for Quesdons Answers Posted ITB Resaanses IDue IDare AT 1:3131 a..m. f Local Time} DATE January 1 L1, 2023 January 17, 2023 art 2PM (Local Tirme� January 19, 2023 at bPM (Loral Time) January 2+4.2023 February 9. 2023 ft�h Y a ITE 23-M17 PON Tark Irspec_on and Repat_--MM�5 Page tl 1 of 33 Vendor Services Agreement Page 27 of 65 Youngs Tank Incorporated Recommended Vendor 5ek-ution February 2023 Mayor and Council Consideration March 2C23 Contract Execution MarchlApril.2023 3 D CHANGE I N CO M PANY NAME 0 R OWN ERSH I P - The Vendor shall notify the Citys Purrhasing Manager, in writing, of a cornpan� name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company nam a or ownership niust be accompanied with supporting legal dccumentatian such as an updated W-9, documents filed with the state indicating such change. copy c f th e board of d ieDtor's resolution approving the aeon, or an execarbed merger or acquis.5m agreement. Failure to do so may adversely irnpact future invoice payments. 4_0 CONTRACTOR R EQUI R EM ENTS IN ORDER FOR THE BID TO BE EVAL UATED 4.1 The Corrh wtor shall: 4.1.1 Have a minimum of two (2) years of experience conducting services similar or related to the Scope of Services. 4.1.2 Be licensed by the State of Texas to perform annual cleaning, testing, and inspection of cargo fuel tanks_ 4.1.3 Be certified with Department of Transportation DOT Cargo Tank shop number and Ame-can Society cf Mechanical Eng neers (ASME} U Stamp for Manufacture of Cargo Ta - ks I 0 YETHOD OF AWARD v.1 Bids wJ first lie euafuatea based upon bids received from a responsible bidder that presents the best value to- the City_ A responsble bidder is defined as a bidder that: 5.1.1 Meets al the requirements listed in Part 2, Section 4.0. :5.1.2 Submits a completed bid package within the stated deadline and in accordance w1h the bid specifications. 5.2 Bids that do not receive 50% or more of the total available points, exduding the points For price, wil be deemed non-Fespons rue. 5.3 The fclowing criteria wil be used to deterrr ine the best wafue: :5.3.1 Cost of service -Up to 30 points 5-3.1.1 Will be evaluated using: 'Price Submittal" 8.3.2. Contractor's distance between City Hal, 200 Texas Street and their Facilitys address,- up to 20 paints :5.3.2 Contractorrs Qualrfic.ations and Experience - up to 20 points 5 3.2.2 Will be ewafuated using: Attachment F - Vendor QuaGfr zion Questionnaire and documents specified in 14-2_3. 14.2.4. 14.2.5. 8.3.3 Availability,- of resources to provide serwiees (equipm Ent) up to 10 paints ITI3 17 FuN Tank Irspenon 3rd Rep31• Sevkes Page 12d33 Vendor Services Agreement Page 28 of 65 Youngs Tank Incorporated 5.3.3.3 'Mill be evaluated using: Attachment. F — Vendor QualMea'ion Questionnaire 5.3.4 Availability of resources to provide services { personnel } -up to 10 points 5.3.4.4 Will be evaluated using: Attachment. F — Vendor Qualf5caion Questionnaire 5.3.5 Contractces approach to perform services — up to 10 points 5.3.5.5 Will be evaluated using: Attarchment. F —Vendor Quali9ca'ion Questionnaire 5.4 In order for the City to reaehe adequate coverage on its requiremen's as sped fied in the solicitation, the City reserves the right to make multiple awards. `5.5 The City reserves the right to adept or reject in whole or in part any or all bids received and to make an award on the basis of individual itenn� combination of i-ems, or overall bid, as i' is deemed in the best interest of the City_ The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly car comple-e on time agreements of a, similar nature. 5.13 The City reserves and shall be free to exercise the right to evaluate bid in relation to pe6:o nce record of bidder with the City r sef'f, another municipal corporation of like size, or priva-e corporations during the past two-year period. Such precautions are deemed to be in the pull is interest inasmuch as Vendor (failure or inability to famish items within the prescribed ti rre can create emergency situaJons and impose unnecessary hardship on bc:h the City as a municipal corporation and the public at large. 5.7 The evaluation factors listed above 411 be appl ied in a comparative rnanner'to all eligible., responsive bids. Award may be made withoutdiscussion with Bidders after bids are received. Bids should, therefore, be s.ubmtted on the most favorable terms. 5.3 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or corrplete on time agreemen s off a si mi lar nature. 5.9 IfAttachmen- C. Local Preference, is oornpleted by any Bidder, the City will review the Attachmen- to determine whether Local preference will apply to the award. 6.1] DEFINfTIi]NS 6.1 Annual inspections: inspect the t.3nk for $eal s that might be dangerous for -nick opera-iorts- standard testing required for each vehicle once a year, in arddrion on an as needed basis due to conditions, damages, and wear and tear. 15.2 Detailed Services: dean and pol ish tank and help identify any fatigue on the tank or tank equipment Ensuring than the aluminum is regularly main'ained to ensure dean bucks fear regular use. If not, oxidation would preverr any further usage of the given vehicle. 6.3 Fabrication: is when they are constructing or building on the vehicle, any type of repair tha' i nvolves a repair for truck tanks_ 7.0 GENERAL REQUIREMENTS 7.111 The successful Con-ractor shall demonstrate the capacity to prc&Ade fue4 tanker repair services, emergency tanker repair services, and fuel tanker fabrication services ror the City's various dassifievions, types, and makeslmodels of bobtail fuel tanker vehicles. The number, rnake'model and corrrposition of the Cityrs fuel trucks are subject to change throughout the term of this contract. 7.2 Contractor shall prrnride all equipment repair labor, materials and services cos' as requested to provide the necessary services for he City & Fort 'North, Froperty IT9 2.3�X)17 Fire) Tank Imp KKM and Rep& SSffvbn PWI 13 d 33 Vendor Services Agreement Page 29 of 65 Youngs Tank Incorporated Ma- agernent Department (PMD), Fleet Services (Fleet), Bobtail Fuel Trucks within the 20_1pe c`Vilork_ 7.3 t•act•_ i's'i shall provide detailing services for specialized vehicles and al equipment ec:es=ar7 is perform services. 7:4 Tlhere are no guarantees the City shall accept or be hell financially liable for costs outside of la: or and materiGals/parts if the submitted invoice is deemed excessive by PMD. 7.5 Co- t•actxf's) skrall be licensed certified by the State of Texas to perform annual cleaning, testing, inspection a ^ d oertfcation of cargo fuel tanks. 7.6 L:—t•act€+r(s) shall be certified with DOT Cargo Tank shop number and ASME U Stamp for Ma, utot..re o= Cargo tanks. 7.7 The s^all prcv de an acceptab = evel o= service in terms of cost, time and wwkrnanshiip. Upon relu•n and inspection of se -vices completed, PMD persc-nel will notify the Cc^tacic.�is'r f any issues regarding the services or parts are faund to be unsatisfactory_ The Contractors) -shall be g ve- nppc•tunity to correct. Fail..•e of the Contractor(s) to correct services or parts to a sat sfactory condition shall be considered grounds for terminating Agreement between Contractors i and the City. 7.8 The Contractor(s) shall be required to perform the work using the most up to date and appropriate methods available for said work based on Original Equipment Manufacturer OEM gu'delines and current industry standards. This includes, but is not limited to, all st'ac•le repair equipment and parts to insure the satisfactory execution of any repair or ins== -.'a la -ion. ?.:9 T-e :_o-!tractor(s) shall be required to provide• documentation on their personnel authorized 'c pe-form work on City equipment. This includes all certifications that qua] ifythem to perorm said work. 7.10 The Contractors) shall give the City priority service, as City vehicles are utiized for pubbr, safety and emergency response. Expeditious tum-around is critical to City operations. However, additional fees for pr orityr services are prohibited. &11 RESPONSE TIME.S & LOCATION 8.1 Contractors shall respond to written correspondence from the within 24-I8 hours. 8.1.1 Location of service: Southside Service Center 4100 Columbus, Tra1, Fort 1Worih TX 76133 8.2 Contractors shall communicate wM PIMP) Fleet: Staff Monday through Friday between 8:00 a.m.— 5.00 p-m. Any deuiat:on from this timeframe• Shal require authorization from the Fleet Service Center Su penvisor(s) or then designee. 8.3 Vendor s^all perm fabrication services, repairs and inspectons at their facilities_ !Fabrication- s %vhen they are constructing or building on the vehicle; any type of repair that involves a repa • =or truck tanks.. 0.0 PARTS 9.1 All parts utilized in reva rs •epla:e77ents cr ins'talations on vehicles and equipment shall be new unless othenh-ise •eq.ested .-y PMD personnel. Any af>termarlket, rebuilt, or remanufactured parts -n W =' be aporovec i wrl rig by PiMID personnel prior to being utilized by th e Contractarf s i ITO 23-M17 FiH nark Ir:Epes=o7 and ?epArServbn Vendor Services Agreement Page 30 of 65 Youngs Tank Incorporated 9.2 The Contractor(s) shall vrarrarrt andlor guarantee all work and products supplied under this Agreement against any defects in design, workmanship, materials and failure .o operate satisfaiatorily. Each product shall he axt-tnxied to the highest standards. Produ= mantfacitured of poor workmanship will not be accepted. 10.0 ESTIMATES 19.1 The Contraa"s] shall be required to provide vatten esUrnat-Es :c FM D personnel before the start of ary werk The estmates may be faxed or emailed to he DK ID en-ployee{s } andior PMD shop location who requested the services .o be completed. 10-2 Est mates shall be approved and authormed by PMD personnel in wrtrirg (email, fax or wiritlen) prior to work being performed. No repairs can be initiated without PU Fleet approval. f O.3 Original invoices subnrnitted to the City for work perfom7ed cannot be Brea ter than five (5%) percent of initial estimate provided unless approved by PMD in writing_ If during the camme of he originally estimated repairs, it is rated that further repairs will be needed, a rev� es move must be prepared byttie Contractor(s) fortheaddrbonal work and approved by PM. 1-13.4 If City vehicle or equipnrbent is serviced by the Contractors) `or warranty wfirli, an esti mate provided by the Corrtractogs) to the City shall state Warramy ioe'. 1-13.5 All estimates provided by the Con-racWs) shal I be gLKY.ed on a'�jme and naerials' basis, adherence zo the agreed upcc omtract rates) and itemized to illustr to the cost of each of the fol lowing, if applicable to the service or work r _ _ _J: 110.6 Shop fees, rriscellaneous fees orcasts may not be charged to he City unless approved and authcnzed by 'MU Ccntrao Compliance and the Con rac-orY s} spec6ed on their Proposals Sol ieita ion subrn tW. 11.0 CONTRACT ADMINISTRATION 11.1 Contract adrriniistration will be performed by PMD Fleet In the -Even: the Contiactor[s) fails to perform according to the tem s of the a , = _ _ -� the Deparnient head or their designee will notify the Contractorjs), in waiting, of its failures. A meeting may be arranged to discuss the GorrtranYs deficiencies_ A writ:en cure notice may be prepared gMrg he Contractor 14 calendar days to cure any deficiency. 11-2 In he evert the Contra---cr continues with unsatisfactory perfnmiarwc-m, PMD Fleetw ill pnxnptty niyfij he Purchasing Manager who W II ;eke appropriate action to are the problem(s), which could include ranoellatiorn, termination for c nience or default If the agreemem. is terminated for defaulk the Cont-actor(s) may be held liable for excess cast arxVor liquidated dames. 11.3 The Contractor will be paid only hose sums due and owing under the z _ _ : : for services s.-'Z-._ ':/ rendered, subject .o aTset fordarr.3ges and atheramaun-s which are, or which may became, due and owing to he Ci.y. 11.4 The City reserves the right to terminate this � t, _ _ : :, or any part hereon, nor i s sde 1. _ _ �_. In the even. of such termination, he Contractor shall immedia-ely stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work Subject to the tern -YE of the . , _ _ _ k the Contractor shall be paid a percentaige of the agreement price reflecting the percent -Age a the work performed prior to the notice of temmination, plus masonable charges the Contractor can demonstrate to the ITS -0 V RKH Tank InspiN% n and R" Pape 16 or 34 Vendor Services Agreement Page 31 of 65 Youngs Tank Incorporated safi s�actio n ofi the Ci-y usi ng its standard reci d keeping system have resulted f urn the termini jon. However, in no event shall the tonal of all amounts paid to tie Contractor exceed the agreernxent price. The Contractor shall not be reimbursed for any pry which may have been anticipated, bu: which have not, been earned up to the lobe of terrmination. 12.121 CITY-CWN EG FUEL TRUCK 12.1 Contractoos) shall provide service, repair, inspemion and detailing services to'the following iuel vu*s, but noft limited to: 3831 4, Gallon PetertAtt 567 Fuel 'Truck I7t3ZM17 MM'Tark Inspe, on and ?epalr-erwlaes P xr_ . 6 Cr 13 Vendor Services Agreement Page 32 of 65 Youngs Tank Incorporated INIUM TOWN,:/ FORT WORTIi FIRE SUPPORT Aim- MAMPM. W�� ITO 17 R&gTark Mper09 and Reps Sly Fag-- ' . -f .3 Vendor Services Agreement Page 33 of 65 Youngs Tank Incorporated F r. FORT WORTI I FIRE, SUPPORT mid -� FLEET MASTER Av►AR u z 4gkWft i� 13.0 LAWS. REGULATIONS. AND ORDINANCES 13.1 The Vendor steal I be responsible for meeting all Federal: laws, ordinances and regplations, State: laves, ordinance and regulations; County. lanws, ordinances and regulations; and Catyc Laws, ordinances, and regulations for sae-y of people, environment, and property.This includes, but, is not lirr -ed to, all Federal, &A-e, County, and City Agencies, Administrations and Corarnissicns such as the Environmental Protection Agency (EPA), Ck=partional Safety and Health Administration � HA:1, and the Texas C:orrrrassion on Environmental IT9 M�MV Fuel Tank. Inspecdllon and Repair SwMes. paw 18 of 33 Vendor Services Agreement Page 34 of 65 Youngs Tank Incorporated Ouality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this A, _ ., the'v'erdor is required to comply wit new policy_ Any mandates requiring the City to comply wwih new guidelines will also require the'%fendor to comply. 14.0 INVOICING REQUIRENEN'TS #.1 The City orf Fort Worth has begun implementing an ,automated invoicing systen L 4.2 The Contractor shall send invoices electronically to our centralized Agents Payable department invoice email address: suaolierinvoicesiLlfior Nworthtexas_oov_ This email address is net monitored so please do not send correspondence to this email .address_ The sole purpose of the supplier invokes enrkail address is to receipt and process supplier invoices. 4.3 Please i nclude the follo rig on the subject line of your e-rnai I: vendor name, irrvoice number, and PO number, separated by an t :.(ex: Example, Im_12 _FW0131- II a1234) . 4.4 To ensure the system can successfully process your invoice in an ,,i,w, :srf_ 1. rr, erwieri, please .adhere to -the -follcW ng requiren-entse All invoices must be either a. PDF crTIFF'Lorrra'L • Irnage quality must be at leas. 3CG DF I I.dots per inch}. Invoices rrtusa. be sent as an .a;..: : 0_e_ no invoice in the body of the email). • One invoice per ai.,:i. _ a (includes POFs.). Mubple z. is per email is accep-able but each invoice must be a separate attachmen-_ • Please do not. send handwritten invoices or invoices that contain handwritten notes. • Dot m.3-n r invoice format is not accepted. • The invoice must contain the following infonnationv # Supplier Name and Address: # Remit. to Supplier Name and ,address, i' differen-. # }applicable City Department business unit* {Le. FVY013;� N, Cormplete City of Fort Worth iPD number {i_e_ -he PO number must contain a]I preceding zeros); # Invoice number, # I nvoice da-e; and • Invoices should be submited aver delivery of the goods or services. 4.5 To prevent invoice prooessi ng delays, please do not send invoices by rr, ail and email and please do not send the same invoice more than once by email to suoGaierin aais. �forrthtexas_q To check on the status of an invoice, please contact the City Department ordering the goodsfservices or the Central Accounts Payable Departrrzent by email aa: = FIN ADmuntsPayableOfortwnorahtexas.clov. 4.5 Iz -you are unable to sand your invoice as outli ned above at this time, please send your invoice -to our central med Accounts Payable departrnent instead of directly to the individual city department. This W II allow the city staff to digr'-:ize the invoice for faster processing_ I` ylectrronic invoicing is rat possible, you may send your paper invoke to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth. Texas, 76102 The City's goal is to receive li,00% of invoices elecaonicalty so that .all supplier payment are r, �.: a�.l efficiently_ To achieve this goal, we need -the Q. _: 's support ITE.23-CO1? Fjel Tark Irrpevor aMiRq=Swtces Page 19 of 33 Vendor Services Agreement Page 35 of 65 Youngs Tank Incorporated If Conbactor has any q"es6ons. please contact the Accounts Payable team aft (817) 382- 2451 or by email to ZZ RN AccountsPavableefbrtworthtexas.saay. 141.8 Contractor shall not, include Federal, +:ate of City sales tax in its invoices. Dty shall furnish a tax exemption certiica:e upon Vendor's request. 15.0 UNFr PRICE ADJUSTMENT 115.1 Vendor may request a. Price Adjustment based on Price Adjusmenr. Verific Aon up to one time Quarterly. Price Adjustment rmearts an unplanned or unanticipated change, upward or downward, iron- the established contract price that is supported by demonstrated Prig Adjustment Justificajon. A request for a. Price Adjustment rrust be iniJated by the'Vendor. Price Adjustrrents shall not be allowed more ffrequently than once Quarterly. h is wwi-hin the sole discretion cf the : ity to determine whether an adj ustrr ent is necessary and,'cr acceptable. 15.2 Quarterly means the Cityrs Rsfcal year quarters, being -each of the three ;3,f month periods the first of which begins October 1_ Quarter (Q) 1: October 1 — December 31; 02: Jan 1 — March 31, 03P: April 1 —June 3Q; Q4:: July 1 — September 30. 11.5.3 Price Adjustment Justification means documentation supporting a requested Price Adjustment and showing an objectively verifiable basis for a change in price due to the documented impact of econ nric conditions on labor, equipment, or rr.3:erials. Examples of possible ?rice Adjusrent Justification irdude, but are not limited to, oast indexes, argd,'or updated supplier price sheets. It is wwithi n the sole dis uetion of the aty to determi ne whether Price Adjustment. Justification is sufficient andi'or acceptable_ 1.5.4 The Vendor must submit its Price Adjus:mnn: request, in wr-iti ng, aft least BC days before he effective period (1 st day of a. new quarters. The `,t'errdor must provide all Price Adjus men: Justification, as defined above, art the ti me of its request for a Price Adjusamere. 1.5.5 If the Ci!y, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price A4 ustrment Justification, the City reserves the right to adjust the rate increase, or reject. the requested (Price Adjustment in its entirety and allow the contract to expire at the end of the contract. term. If the City elems not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 15.5 Prices offered shal I be used for bid analysis and fix Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 1.5.7 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the temrs and conditions of thi s Agreen ent'for a. reasonable period of time to allow the City to re -bid an Agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at the prior Agreement ratels:l_ Vendor shall rermain obligated to the Ci7y under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 15.8 Delivery of goads and ar services shall not be suspended by the 'Vendor wwi`hout a 30-day prior written notice to the Purchasing Manager_ 15i.9 Only Published price changes will be accepted. Prices that were in effect a: the time of order placement shal I take precedence. 1 15.0 INSURANCE REGIUIREIMAENTS —'The Contrac5ar shall carry insurance in the types and amounts �or the duration of this contract. as list-d in the draft service agreement, At.achnrent D to this ITE 23-M17 F'UH'Tank Irfipe#fxr and &40t Serwtam Pane 20 cf 33 Vendor Services Agreement Page 36 of 65 Youngs Tank Incorporated sdicitarion, and furnish certificates of insurance along wwih copies & policy declaration pages and policy endorsements as evidence thereof. 17.0 PERFORMANCE - Failure of the ity to insist, in anyone or more instances upon perfon-nonce & any of the terms and conditions of this Agreement shall nor be construed as a waiver or relinquishment & he - u-ure performance of any terms and conditions, but the Vendooes obligation ww-h respect to such performance shai I continue in full forme and effect 18.0 SUBCONTRACTING - No subcontracting of the work under this cx"act will be allowed without written perrrrssion from he Ci-y. iPJI' i .I11CIi .ISIV, i I I] I I [if 11 IZI 1 P.1 The Vendor is regfui.red 'to notify the City immediately of any hazardous conditions and,'ox darnage to any Ixap arty. 19.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment (PPE) while handling hazardous material. If there are questions regarding how to dispose of rrra'erials, 'the Cont:rai-,tor shall contact. City of Fork, Worth Code Compliance at. B 17-392-12'3 4. 20.0 CONTRACT ADMINISTRATION AND TERMINATION AD.1 Contract acirrirrstrabon will be performed by the City Departrnoent. In the event -he 'Vendor fails to perkwr n according to the terms Dot's the agreement, The Department head or hiseher designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. '>0.2 In the event the Vendor continues with unsati s`actory perforrnarce, the departmen' will prormptiy notify the Purchasing Manager who wi II take apprcpda'e action to care the perfoorn.ance problem(s), which could Include cancellabon, termination 'fur convenience or default It` the ,agreement i s terminated for default, he 'Vendor may be held liable for excess cost. and ar I iquidated damages. 23.3 The Vendor will be paid only those sums due and ow,ring under the agreement. for services satis!`actorily rendered, subjem to cfsset For damages and other amounts which are, or which may become, due and owing to `he City. 214 The City reserves the right to perm nate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall i mm•3diately stop all -work hereunder and shal I immediately cause any and al I of its suppliers and subVendors to eerie work. Subject. to the terms of this agreement, 'the Vendor shall be paid a percen :age of the agreement price reflect ng the percentage of the work performed prior to the notice & termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of he City using its standard recce keeping system, have resulted from the termination. Fowever, in no event shall the total of all amounts paid to the Vendor exceed the agreement, price. The Vendor shal I nat be reimbursed for any pnofrts which may have been an:icipa:ed, but which have not been earned up to the date of termination. 2".0 RIGHTS TO INVENTIONS MADE UNDER A, CONTRACT ORAGRiEEMENT 21.1 I= the Federal award meets the definition e'funding eCFR — Code of Federal Regulations agreement' under 37 CFR W 1.2 (a) and the recipient or subrecipient wishes to enter into a -contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or perfor nonce of exped mental, developmental, or research work under that 'funding agreerr ent," the recipient or subrecipient, must comply with the ",_:YI'— ITS 23-IM17 Fjel'Tark IrspeCian and RepairServlaes page 2:1 or 33 Vendor Services Agreement Page 37 of 65 Youngs Tank Incorporated refit - _ L 3 of 37 CFR Part 401. 'tights to Inventions Kiade by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative A„ _ _ - z,' and any implementing regulations issued by the awarding ,agency. 22.0 CLEAN AIR ACT AND, FED ERAL WATER POLLUTION CONTROL ACT 22.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U. S.C. 7401-7671 q) and the Federal Water Poll ution Control Act as amended (33 U-S-C. 1251-13137). Violations must be reported to the Federal awarding agency and the Regional Office of the Envi . i _ -_d Protection Agency (EPA). 23.0 DIEBARJAIENTAND SUSPENSION 23.1 Per Executive Orders 12549 and 126M, a oomradt award (see 2 CFR 1E{}-220) shall not be made to parties listed on the govemment-wide excl usions in the Syswm for Award Management [SAND, in accordance with the OMB guidelines at CFR 180 that implement Executive Orders 12548 (3 CFR part 1986 Comp., p- 189) and 12681) (3 CFR part 19139 Comp., p- 235), 'Debarment and Suspension.' SAM Exclusions contains the narnes. of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared inel igible under statutory or regulatory autfanrity other than Executive Order 12549. 24.0 BYRD ANTI -LOBBYING AMENDMENT 131 U.S.C. 13521 24.1 Firrrs that apply or bid for an ,award ta:..ttLANtl $100,0130.00 must file the regu red certification. Each der certifies to the tier above that it W II not ,and has riot used Federal appropriated funds to pair any person or organ¢ation for influencing or. _ g to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S-C. 1352- Each tier must also disclose any lobbying with non -Federal funds dial takes place in connection with obtaining any Federal award- Such disclosures ,are forwarded from der to tier up to the non -Federal award 24.'? Bidders shall provide proof of Byrd Anti -Lobbying Amencdmens certification filings with their bid, if the bid exceeds $1130,13DO.0a- 25.0 NO BOYCCITI` OF ISRJ4EL 25.1 If Vendor has fewer than 10 employees or this Agreerrient is for less than S100,0O, this section does not apply_ Vendor acknowledges that in a rdance wish :hapter 2271 of the Texas Government Code, the Crcy is prohibited from entering into a =Tract Kith a company for goods or services unless the contract contains a written v _ ' -- ' . . from the company that it ( 1) does not boyccd Israel, and (2) wi II not boycott. Israel during the term of the oontracL The terms 'boyocd Israel' ,and 'company' has the nneanings ascribed to -hose terrrs in Section 2271 of the Texas O. _ i L : Code. By signing this A: ., 'vendor certifies that Vendor's signature prcmdes: written verification to the City that 'vendor: (1) does not boycott Israel; and 12) will rxxt boycott Israel during bw germ of the Agreement 25.0 PROHIBITION ON BOYC07TING ENERGY COMPANIES M.1 Vendor acknowledges that i n ,accordance wi h Chapter 2274 of the Texas Govemmerlt Code, as added by Ait 2(121, 87th Leg., I;.S., S.B. 13. § 2, the Char is prohibi-.,ed from enteri ng into a contract for goads or services that has a value of $1 f>0,0Q0 or rrrcre that is to be paid wholly or parr from public funds of the City with a company with 10 or more full- time employees unless the oomrac- contains a written a _ � � — from the company that r ITS 23-CO17 Fuel Tank Impe" and I Pa3e "€]r 33 Vendor Services Agreement Page 38 of 65 Youngs Tank Incorporated 1:1:1 does not boycott energy companies, and (2)will not boycott energy companies during tithe term of the contract. The term 'boycott energy company' and ' 3on panV" have the mean ng ascribed to those terms by Chapter 2274 of the Texas Government Coode, as added by Acts 2021, 87th Leg., RS., S. B. 13, §.2 To the extent. that Chapter 2274 of the Government. Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that. Vendor's signature provides written verificartian to the City that Vendor. (1') does not boycott energy companies; and (2) will not. boyoatt energy companies during the germ of this Agreement. 27.0 PROHIBITION ON DISCRIMNATICIN AGAINST RREARIMA AND AMMUNITION INDUSTRIES 27.1 Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Govemmen' Lode, as added by Ao•.s 2021, 97th Leg., RS., S.P. 1 B, § 1, the City is prohibited from enteri ng into a contract Ior goods or services that. has a value a $100,OOa or more -tha' is to be paid wholly or partly ftm public funds of the City with a company with 10 or more t` ktirme employees unless the contract contains a written veri ica`icn from the company that it � 1.1 does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or fi rearm trade association; and (2 }will not discriminate during the term of the caontraa, against a firearm enrti-y or firearrm trade association. The -errrs'discriminate,"firearm entity' and {firearm trade association' have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Cz dle, as added by Acts 20211, 87th Leg., R.S., S. B. 19, § 1 _ To the extent. that Chapter 2274 of tine Government. Lode is applicable to this Agreement, by signing this AgreerneM Vendor certifies that. Vendor's signature provides written verification 'to the City that'Vendor. (1) does not have a practice., policy, guidance, or directive that discriminates against a firearm entity or firearm trade ass€ciartion, and (2) wil I not discrirminarte argains- a firearm entity or firearm', trade association during the team of this Agreement. 28.0 RIGHT TO AUDIT 26.1 Vendor agrees that City shall, until the expi ration of three (3) years after final payment under the Agreement, have access to and the right to examine any di rectiy pertinent books, documents, papers and records a Vendor involving transactions rela5ng to the Agreernert 'Vendor agrees that City shall have access during nom-al working hours to al I necessary 'Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Litt' shall give Vendor reasonable advance notice of intended audits. ITB 2?-M17 ftwi'Tank Inspec3on and ?epak_qenrkes Ike 23 of 33 Vendor Services Agreement Page 39 of 65 Youngs Tank Incorporated ATTACHMENT -A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 175 of the Local Government Cede, any person or agent of a person who con-xac.-s or seeks to contract for the sale or purchase of property, goads, or services with a local governmental endty+ i;i_e_ The City of Fcrt Work } must disdose in he Questionnaire Fomrs CIO ('Questionnaire') the person's affiliation or business relationship tha` might cause a ccrA ict of interest with the local garernn mortal en ity+. By law, the Questionnaire must be filed with he Fort Worth City Secretary no later than seven days after the date the person begins cormact discussions or negotiations with he City, or submits an application or response to a request for prDpo als or bids, Luis a--F u, Jerre, or anc&erwriting related to potential : with the City. Updated Quesfionnaires must be filed in carrfiam-ianoe with Chap-er 1715. A cDW of the Quest Dnnaires Fafmr CIO is enclosed with submittal documents- The form is also available at http1 M.ethics.state_txcuslbn IG. pdf. If you have arry questions about camp) iance-, please comult your cwn legal counsel. Compliarxe is the individual responsibility of each person or agent of a person who is subject to the filing requiremerYt An offense under Chapter 17d is a Class C rrrrisdemeanor. NOTE: If you are not aware of a Conn ict of Interest in any business relationship that you might have with the City, state Contractcrt name in the# 1, use NSA in each of the areas on the form_ However, a signature is required in the #7 box in all cases_ ITB 17 FuN Tark IrGpRv-Crr and RepakrS vi page 24 or 33 Vendor Services Agreement Page 40 of 65 Youngs Tank Incorporated CONFLICT OF INTEREST OUE$TIONNAIRE Fur vendor dolrl g bus IneSs v4lih local g&u* Afrl Mal enllty FORM 010 Thlx 91-11nnrltilre reReeta charog" rm& to the yw tr!" FLO, M Mdh tog, "Mr Bm*m CFFICE LPBEOIiY i -,s mmi.anrra n tang lied in acmicamp a.rtT vaQbr 175 Lod Gumnom Cb&, bV ■ ramp rho Dim Aaoblogd flow a itnrd58 redBdufrsihp :�9 dAred br SeGdm imuoifi-Q rift d bW 9wommmW arplN slid Me YmKur mods rucI roncnt jUw Saxhan 176_CU6juj. Drlar do %mf iwoiQ rrusl ba riadvih the mmads adnircBmor of fo hd �rrartwarrml ail nd 4 Van the ?01 bwrmRS mg *w aae dais ft trw ar bE.7oum mere or lltcis MM requre dhe slademwlt h1 he 13d. 5e$ SWWn I M.GWRi 1), LocW GDwrinaff Code A Bender own*B on ana W n IreVWOM ~rQb yii>+oM 1T5 Q%. Locol G"rirr m OMB. An e kww urdrr Ihs sadkn is a . . jJ M od wond ar wFro haw a br mkr rvlahonrship Wrlh Ivcal gurrrrnrrwrrkal ontrtr. J ❑ Coo& than bw ifyou rrafd ng an updewto a prraviousfk lilad quagSimnaarv� ITha Imw roq.Jras thatTW lkt an upmtc d complolrad quoslionnahQ with LFF;. apprapr ata ri ing a-Lhortp• w.. bloi than dw 71th bu9nGis-s dam• shor 1ho dskr on whit h You p$9m9 wBre MEd the pti�irjlly 1I9d queelJorr4re wdb i) o}" lolo id k amoroxe j J ?4w*,m to- M q¢uefn-4l**tN*r*bw1 *Iw the 1nl4r*IEd4pM1 b belpa CoC1 md. Namo of Cricor J Oasrinto oath annWyrranl ar oltpr buNraass rrala4onshlp with tha local gawrnmont ollrcor, cc a lamilr mambar at it7G olhrar, as dbscntgad try !a;.cban 1?'j.DL-3:aI;2I;A). AJso dasrrdDa any family rvlaftnship with IM local gaurarnnronl olfrcor Complab sutaparla A and 0 for Qaoh arnpta yard or busirmss mialaonaftp d0ocrihod. AMac h adddianal papas La ibis f arm CIO as rooGrrssary. A. W iha local gv%+9rFlrYsrrt offlom or a 18mily RIBmbeF W Iw orrlw raecew t-• remyt, 1Erxa*LJ inC4rr9. Ofh9'r Shgn ffNw#FR3nk rmnia. ftm th9 Yandor? No 9. Is 1ha randror racohmg or I" io racanro iosd!io ruzmo. uttwrthon lyre-e mart nrcorrra, tom or ottho dna[1nn of tho b:W gvawnrnard Wmr or a tanWy marrrt ar al #,a othoar AND tho to abha Frcarrm is rot r&:,aw d hum ttw koeal glc y wnirn rAol antk7r7 VQs F--] No J C*j�r-rIkk141Ch IS #r bW**Oe NftMNkMlp Ihol the 1reridor npff*d Irti Ihoh T rhilill6iY$ Wrath rr p#irl1e+1-0 whPF hWdr*as bfMlPy wllh teepedl to AwMcO the. IocAl ,, I Or11W Se"8 #B Oh Offn*t W �Weifte. Ot 1101416 10 o ienlp in*hw or oho- perwi *e no-w J El -hack this boA Ydwuordorhas graniholcr_ralgevarnmartDMcororsm laMy marrbwettF4 c1i ararwarmrogdh as dosrJwd in err 17G Mlajl2jlW osdudrq gifts dwcribod n Saachon 17G J 5WffMD Or t'9f'R70f' osotna bkMr*W IA" d,e QDWr+ti$IMI Wf* 17vi kin WWdad bX r-;Nas En Ka C+rrMMaiirr �.atllEca.slalk. U.us Re-sed W1,0321 , Kv� IT9 V RIM Tar% Iron and 9ep3t 3ffvbR:5 Page FS or 33 Vendor Services Agreement Page 41 of 65 Youngs Tank Incorporated CONFLICT OF INTEREST QUE$TIONMAIRE For uend43r dvirl+g business with IOcal 4gUu�?rnrrlental entity A cumplele copy of Ohivtar 176 0109 LW -al GpuffrrrmirTl Ouciii may be i4und al hM: Www slalulas siale 1r us,' D3mVLaMffvLr3176.1bri. Far easy rerereme, bNow are earns fli the seclione creed on lhle term. Local Gararnrneni Code4176.U01(1-a)_'8us1nessr-Elationsrip' means a canneution between trio or morepariwE Gc�Sed 4n GOrT�TrerGr3l ds In rty 4fUn� 4f the pirira8 The farm dm* not IndkiW a Con nsojo I based gn (A) a transadHm that Is sdzipd to rate or lee regulation by a isdaral, stale, or boat governmental suety or an agency orl a redefal, slate, or vocal governmental enllt;t; (B) a lransa mn conducted al a price and subject 1A terms alalade Wthe put*c; or (M a purr.Jiase or lease or goads of serves rrom a person ti rai ra dwvt irald bya static or federal ap f' and iklarl is wbiGa 10 r9q. kv $Karrliraiorl Ly, MW reparlifig D, That agency. Loce1 Goo nerern Code a 176.01WMI2] M arrd t� (ihl Wal rev orrirngnt off Cgr *hall file a Gon U d1sc;kLstje slaWnrentxriiM raapW io a vendor rI P me ve ii0r. IAI has anLLrnI) prnernorflthertz.rslrressrelsnansttlipwrthlhelacaigmementoltrmora lemha member or the after thal results rl the airier or rar fly memtler recerMmg taxable imGgmg, glher than img5lmgnl inrorng, Thal er)p9g0S 32,R0 gkrnrq ih9 12-rrrgrrlh permod preceding 1he date thetThe-srireer beaolme9 amare that ail 13 ai riti,= between the WA gomrimenwiemUty and vermr flea Mini eAeculed. oo tine local garemrnantal entiq is omsioenng entering Irita a contrast with rile ywmkr. l� has gym lbtha bas gowmrriam crm w n r a tam mewrter of the cmlcer one or maregMs Thal have an aggfegate vak,e or mere than $1 DD in the 12•mtrdh peti[rd i remcling the dale the gff"r bexrr*s aviwis that: (1 a "ract between the local governmernal eraithy and vendor has been ej*auted; or {ID the 1 1 gGVemrllental erItity i.3 {AMSMi ,ring enleririg ino a OMaCl wrlh the VWof Ladd im,7unwentGo& 5176-D06ai 1and (s.1S (au A vendor shall file a Mr": il&o wr+lla pt interest quesrionnaua if M vorMr has a bUSirras.s relalionShip with lwalgmemmerrt i; --, and: 0) ttasan e^ r ;r . orolher Duslness relalinmoil3 with a local grsre nmerw orker at that local goverrrnantal -? ::, : • a lerni[V men'rber atlha Drr*er-descnbad bg 5whon 176-004al;2I(AI; {2} has gars+^ = c:: c-,%,ernrnentamcercrthat local gwernmLmtal-onittyf,oratunitjmemberdthe goer. or-r - •a•-0h lhsaWregata value sp9c6W by Beckon 176 003{aM9), evrGu4rn$ arry gritWscrizet t r _ --n 176.009(a•11:or P1 ME Family relalanehipwllha localgouernmeffl crMeror1hal loaW gmvnrnernalentitk. (a-1) Tim GDnpkvwdcardioal inleresiqueshonnairemustbetiledwlththe appropnarleremdaailkninlstratu net Ia1er than the aayenth business der arter the Inner ai. (1} thi) M19 th2rl Mg w9ndor lAt Legns climummlone or negMellons to enW m1D a 0GArad wrlh "loJ-W gayslTrnenlel erytlty; Dr I8J aWhu to the MI gov r rrKnIal4RMrtr;3n arpp►calmri, r5Sp4nm Ja a rp4msI 0 proposals -or bide. 6arrespondence, or another Writing aerated 13 a poTentiat bairn M 4whh the local gouerrrrrenlalEn .or (2I the data the verryor beoornes awMarff (Aa 0 an emplaymmi: or ether lushness relalionsho wiih a local garerrrner,l alliLLer, or a iamb iriRmber Di ing 0ffkzgw, dwalbW by £ub*kri la); IeG Ihet" endar nas given Dinar move ghes described by Suilomctim Is)-, DF fQ or a WHIV relatiortshlip tYilh 13 teal gowrmTem orfiaer. FarmpradWtrip Tarns ElhKa Gmud WAwatlims.:31AW Ix.us Fit SW UL4m21 i IvI IT13 17 FuMTark Ircpeccon wd �.ep3lr vbrs& page 26 ar 33 Vendor Services Agreement Page 42 of 65 Youngs Tank Incorporated ATTACHMENT - B CONSIDERATION OF LOCATION OF !BIDDER: S PRINCIPAL PLACE OF BUSINESS Section 2--4 of the Fort Worth Cade of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases -with a bidder whose principal place of business is in the oorporate limits of the City of Fort Worth and -whose bid is within S or 5 peroen: of the lowest bid, depending on the value of time request and goods or services, requested, if' the lowest bid is from, a business outside the municipality and comtraoting with the local bidder would provide the best combination of price and other ecork rrric benefits to the municipality. Requests to be considered a local business must be submitted on this forrn with bid packages to be considered by the City of Fort 'Nosh. Questions should be addressed tc the Purchasing staff listed in the bid or request package. 'The Fart Werth City Council requires the fclbnuing information for consideration of location off a bidders principal place of business. Add additional shee7s if needed to provide this inorrr7ation. 1. Locatiomal EligibiltT. Principal ?lace of Business in FortWorth, Texas. a. Din you have a Fort'North o fte? If yes, identify address: b. What peroantage of estimated gross company sales (worldwide) are sales originating in Fort ',forth? 'Originating in Fort Worth' shall mean payable at the Fort Worth office. [must. exceed 53%] 2. Economic Development opportunities, resulting frorm contract. a. Number of Fort Worth residen -ermployees? b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by company (for prior tax year— Fort'North office or former location, if Fort Worth office is neMy- es+ublished )? Certilcartior c= '-f rniaaon: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under pe n a fty of pe rj u ryr. (Company Named ((late] .(Signature) (Printied Mlaime and Title) 1 E 23-W17 Farrel Tank Irspedhm and Repair aviaea Page .27 of 33 Vendor Services Agreement Page 43 of 65 Youngs Tank Incorporated w ATTACHMENT C — VENDOR CONTACT INFORMATION Vendor's Name: Vendor's Local Address: Phone: Fax: Email: Name of persons 1a oontactwhen requesting services or billing questions: Narrerl-ifie Phone: Fax: Email: Name ide Phone: Fax: Email: Name ide Phofte: Fax: Email: Will your companyacrept �-- rd payments? yes no Signahxe 'rin-ed Narre Date ITe 23-W17 FA Tark ImpK3cn and R" S vE o- Page 2-8 of 33 Vendor Services Agreement Page 44 of 65 Youngs Tank Incorporated ATTACHMENT E — DRAFT VENDOR SERVICE AGREEMENT The draft service agreerFem is attached as a serrate dowmem. ITB Z3-0Di7 Fuel Tank Ir&pKlon wd R.epaW Page 3D ar M Vendor Services Agreement Page 45 of 65 Youngs Tank Incorporated ATTACHMENT F - VENDOR 04JALIFICATION (QUESTIONNAIRE The information provided on this questionnaire and in the bid submit -al will be used eo evaluate your bid, Please answer each question thoroughly_ Answers may be provided on a separate sheen. as long as each response is labeled according to titre question. 1. Darleycurcornpanywas " `L -� i:iJ? 2. Haw many years has your organization been in business under its present name? a. List any former names your organization has operated under and the 6me,rame1:s). 3. How many years of _,.,.: i._ does your company have With inspecting fuel tankers? 4. Elowr marry years does your company have working wi:h Fabrication of Fuel Tanks and repairs? 5. Is your company licensed by the Site of Texas to per,%rm annual inspections and repairs to bobtail bel �,ankers'' Part 2, Section 7.5 Yes I I No J te: PiYe0de copy of license Fi. _,_-s ycur ccrrpany have Deparinnent of Transportation Cargo Tank shop number and hold a r-`ME. i_I s-arrp for Nianufac ore. of Cargo Tanks? `ides � talc Note: Provide supporting documentation 7. Haw marry miles are you'Irc City Hal1203 Texas St, Fart Wont, TX 76102? 8. How marry licensecUoertified inspectors does your company have to perform inspections? `ryes, haw many (Refer to ques:ior#l4) No, why? Q. What is the average general response time for services and repairs? ITE 2 -M17 FkW Tank IMpienon .atrd Repair affV s Page 31©f 33 Vendor Services Agreement Page 46 of 65 Youngs Tank Incorporated ' 0. Can your company provide written �,. t�,.U„�, ae and serrioe to cation within 1 2 business days, as indicated in Part 2, Section 8.1 _-8_3? 1. Please include list oe equipmeM machinery, tools your company uses a perform he 5nllowing= Defined in Part 2, Section b_1_-a a. Annual Inspections b. Detail Ser%nces cL Fabriarion Repairs '?. Pleas,-- descri be the background and qualifications or; each crew member, paying specific attention tc� the items below orr (list on separate sheet of paper) a_ Title b_ Number of years or mon hs pefiorming these services c. Number of years employed by your company d_ Any licenses or certifications held by the crew rnernber. e_ Title f. Number of years or morrthS r L ". a these services g. Number of years employed by your cor�pwyr h. Any licenses or oertifications held by the crew menWoer. i. TrJe j. dumber of years or months performing these services k. Nunnberafyears employed by your company I. Any I icenses or (je :76::. iv held try the crew member. rr_ Title n. Number of years or nxx dhS r ". these services o. Number of years employed by your company p. Any limos or certifications held by the crew member - ..�. /.__ [TO 23-W 17 Fuel Tank Irspe o Ord R,epalr DNODes Page 32 of 33 I Vendor Services Agreement Page 47 of 65 Youngs Tank Incorporated ATTACHMENT to DOCUMENTA710N CHECKLIST Refer to Part 1, Secxion 4.2 for more information on the below required documents. R eau fired D ocumu>nts Document Attached? Pace Ntmmberf± 1 of Bid R°s-�— Yes,'CI *Bidder vr911 need to ttwntber 1lte4r bid J . in ink* A i . : ,:.I and signed Bid Submission Signature Page A completed Bid Solicitation Provide a copy of their License issued by State of Texas to perform inspections and testing of cargo tanks Provide a Copy of Dep,artntent of Transportation DOT Cargo Tank; shop number and ASME UA Stamp for. Manufacture of Cargo Tanks Bidder shall provide documentation they have a minimum of Vh-o (2s years of experience aanduoting ser.,it:es similar or related to the Scope of Ser-O ees. Attachment A - C. inflict cf Interest QL Attachment. B - A. completed � .onsi deration of Location of Bidder's PrincSpal Place of Business d if applicatslea Attachment C - A eornpieted and signed Vendor Contact: Information Attachnent: D — Reference Sheet Aftachn-ent F - A completed Vendor's GIL :r " — . i Questionnaire Any addendums sent out after the release of the bid Scanned Copy of all required Separate USB Drive weth password documents included if necessary 17B 23-0017 Fuel Tank. Inspection and Repair ---mlaes Page 33 or 33 Vendor Services Agreement Page 48 of 65 Youngs Tank Incorporated EXHIBIT D Contractor's Bid response to City's ITB No. 23-0017 Vendor Services Agreement Page 49 of 65 Youngs Tank Incorporated COVER PAGE . en�6 - 'Eve -23-0017 Event Round Version 1 1 t:rvnt Nanw jrn $tartuet r uection aridRe%ir Selmices v n 01 1012023 08:00:00 CST O2l02/2023 1.3:30:00 CST Papa In kod PUBLIC EVENT DETAILS 1 Submit To: City of port Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Ball Purchasing 200 Texas St (Lower Level Rm 1' 500) Fort Worth TX 76102-6314 United States Entail: FMSPuncoesingResponses(Mforiworthtexas.gov Event Description The City of Fart Worth (City) seeks bids to establish an annual agreement for fuel tank Inspection and repair services for lhe Property management Department on an 'as needeid" basis, Submission Requirements and Deadlines AN companiosAndIviduais wishing to do business with the City of FQF, Wo.1h n;,lst regisle • :: a Bidder on the Poople -ofit Supplier Portal - Please visit fittps:/Avww.fortworthtexas.govldepartmentslfinance/purchasirglregister for r ort information. Assigned Buyer. Maria Medina A pre -bid conference will be held In -person and Via Web'Ex an Tuesday, January 17, 202:3. at 2:OOPM (Local Time). Attendance at pre -bid conferences is not mandatory but strongly encouraged. In -Person Address: City of Fort Worth- City Hall 200 Texas St Frxt Worth, TX 761102 Located on the Lower Level at the'North end of the budding, across from the elevators in the Development Services Conference Room LL1201. Webex Meeting Rhone Number: 41-469-210.7159 Meeting Log In: 2550 39.2 7151 Meeting Password: 4f3MUd C3IJ6 Meeting Link hHp,s:flhMwodbtexas.webex,coWrorWorthlexas4,php?tATlD=me75748ad92etc7f53cld05dcedOdf5a4 Bids are Solicited for furnishing the merchandise, supplies, services and/or ectulpmeat as set forth in this solicitation, Completed Bids including one executed original and one USB flesh drive containing electronic versions of all bid documents must be received in the Purohaising Clon Itn by 1:341 P.M., February 2, 2023 and then publicly opened and read aloud around 2:00 R M, In the Council Chambers. Bids miust be submitted in a sealed envelope WITH THE BID NUMBER AND BIDDER COMPANY NAME WRITTEN ON THE (OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING (OFFICE AND TIME STAMPED PRIOR TO THE 1:30 P.M. DEADLINE IN, CORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division. Lower Level, City Halt, 200 Texas Street, Fort Worth. Texas 76102 Bids delivered by special courier (i.e. Federal Express, Sp"I Delivery etc,) am to be narked on the outside of the courier's shipping envelope -BID go. 23-0017 Fuel Tank Inspections°AND MUST BE RECEIVED BY THE FURCRASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 P11. DEADLINE IN GIRDER TO BE CONSIDERED, Late 'bids will be returned or destroyed; they will not be opened nor considered In the evaluation of the bid. Bids may be withdrawn at anytime prior to the official opening. Bids may not be altletrW, amended or withdrawn after the offreiat opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered,. at the pinoe(s) and upon the terms, conditions and scopetspecifications Contained it this document. The period for acceptance of this bid will be 12U caiendar days after the laid opening dais, Solicitation Documents: Cover Pagge�� Bid SubrnisBion Signature Page" Price Submftt — Part 1 Insfctions Part 2 Scope of Services/Specifications AttectanentA- Conflict of Interest Disclosure Requirement" Attachment B - Considerati6n of Location of Bidder's Principal Place of Business" (if applicable) Attachment C - Vendor's Contad Information" Attachment D — Reference Sheet Attachment E - haft Vendor Service Agreemont, attached as a Separate document Attachment F — Vendor Qualification Questionnaire— Attachment G - Documentation Ch(N*Iist "Required to be completed and submifted. S j 2, - rt for all ui dgGm pis that need to be submitted. Failure t0 submit all ilems will be grounds for rGJeaGon of a bid as 5 # i eP� Pape 2 of 34 Vendor Services Agreement Page 50 of 65 Youngs Tank Incorporated i S Foumbt`" PRICE SUBMITTAL w Event ID - Page Invited: PUBLIC EVENT DETAILS UWD1-23-0617 Event Bound Version Submit To: City of Fort Worth _L 1 _ _ FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITU Fuel 'Tank Inspection and BePair Servic*s � 200Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Werth TX T6102-6314 01)1O/2023 OB:oO:00 CST 02/02/2O23 13:30c0a CST UnRed States Line_ t DescrfnHon_ _flty -S wlce, Annual Inspection, Mon -Fr: 8--OO y�_ 0 PM 200.00 LIM z OOGG fRtien' Labor, Houfy Rote Maintenance li Repair. 0 61on-Fri 8:00 AM a:00 PM Line: 3 Desc orr t]hy Service, Detailing for Specialized Vehicles 200.Ott Email: FM$PtirchasirtgReWnses@forhvodhtexaa.gov Unit UrAPrtoe Total €A -�'c). Rbo� Unit UnitPOR Trial H L) O unit unilPrice Total EA °_ 11,000 Total Bid Amount: A bdd of IT 00 be interpreted by the City ers a no -charge (free) item and the Cdy will not expect to pay for ihat item. A hid of ilia bail' or no response (space left blank) 011 be interpreted 6y the City ttisl the Ctffieror does not wish to bid on that Item. Be advised, s %o bid' or no response may be considered as non-fosponsive and may reswlt in disqualification of this bid. ttems not listed above will be offered at a discount of 0 (All parts and replacement parts may be added on an as needed basis throughouttha life of Ilia agreement, therefore, the odder shall submit a price list for all available items willt their bid submittal.) Vendor Services Agreement Page 51 of 65 Youngs Tank Incorporated Fi3RT WOR TH� BID SUBMISSION SIGNATURE PAGE Event ID Page i Invited: PUBLIC EVENT DETAILS Cf9r0j-23-0p17 3 Ewmf Roared Version I Submilt To: City of port Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing jTP Wer�1 Tank YrtgR§ctian and Rapai` )W ices -- 200 Texas St. (Lower Level Rrn 1500) StartI�ri e i Fort Worth Tx 76102-6314 ai/LD/7023 0e:00: oo CST 02102l2023 li 3:30:0a CST United States Email: FMSPurchasingRespe ag&orheoahlexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bins/ the respondent to fulty comply with the solicitation document contained herein. The Respondent, by submitting and signing below, aelsnowuledges that he/she has received and reed the entire document packet sections defined above including alli documents incorporated by reference, .and agrees to fret bound by the tems therein. Legal Company Name: , 10"A L1.S' IC � . Company Address: to [ `li` c( 1 co, state, zip: R 4 q d TY- 7 uo a..3 Vendor Ragistration No.: Printed Name of Officer cc Authorized Representative: u. S A 4aln 4-00 Title: En ql ra lt' , S A 1t S To,-,► t(k b e-p4-Al - Signature of Officer or Authorized RepresenlaWe. Date: 1-11-77-1 Email Address: 1I� aS "t "O oLn &5 '"IL ` C. %n Phone Number: go L-) Lim 'W Lf Lt Federal Identification Number (FID): t s"_ C20319 q C1 q Will agreement be available for Cooperative Agreement use*? Yes wo" No (' See Section 22.0, `Cooperative Purchasing" of PaTt 1, "Instrsuctlons") Vendor Services Agreement Page 52 of 65 Youngs Tank Incorporated CONFLICT OF INTEREST QUESTIONNAIRE MRM CIO Foru4nder doing busfreas tvdtfl local Soverlll-wrtial eistfty TNIs gwallenrolm s0ods ehwWs rA* to It'w law by El_fl 2& ".0 LOU,, 'flagulor Smiam QFHcla WE OILY Tkla qmoliamake a t;aittq Nat in s>cmfOIMQwith Chbpt9t 176, LocS Gowffmmt %crtn_ by o varsdtr who • hns a busirIarm m1abiwift PA 00RWd by UClltdt 176.U}1{I'-al With a bcd gosrsrnrr**f Witt and the i]ua qe rwtl weAdw mmb roWirerrreata urdw Swum a75.agb(,cil. Rrtor FG1s":Amnaimmus.t hoClod wtlh tba DoUda .adnimiMa1ar of the load jjvvwnaman!dtrnllty nut Umr i lf'w n ft 711h bu:i nm rty altos file data lho -kada, taccusms -w aro of kdm Out aquim the %tatam3o r Io I* Md. SW Soaian moot(a-ii. Lmi C4ammm Nv recta A vender carrmiss nn odenca ti � tier lQ.ar!'inGh v+ttalF� &�:Drir '7S-Gr>Fi, R4a� fiarrgrtlotcrnt C'e�_ Jtn stititssn %"ei M S lion iS a flnisri:fn4aiita_ jj Han* ofvandortiwho him abuetmatimslnUaiuhlpwith lacilVcw4prn!trent lvi%ty. Q �-.L ^ 0 —re,, L —zo L J Chock this b im on u srw o II rr ItRrt ala to a t�J � � I� f�*+t�'+F �d+4t�rv. (rtta tins; �Qttlrns �ml you Ilia anupoltls<d com 34vkud *jar cfmmIr# 4.dh Wn xppmtxirtL@ M19 o.utna!lty not War ihan IV 71h b"FiGss d;rl a.i'or the date on whieh you bocarna a rmar-s that ibe or)tjllr IV Sled quistonnom was incornplrain of Inam rate.) IJ .N+rns al Ibcsl �wvrkarrrsrti ollttr+oibout wtlhgm flea I:nlraaltatiarr 1S tlrria Uf9clC - i Nsma al Ctfiasr scrlba each ompl'ajrwitt aro'hi r 61ninosrr ,rolstlanthip wi'h We local pmrarrarrtant atla*r, ova ramlly rrs adr r ui u* nlllcer, as damrlbed bySw ian i7&(kl (a)t1',tjtltj. Also doze6he any famifyrokliomalrip srAth ttho- local gcvamnwA ollver.. Complolo subpads A and tar posh ampkvgrrmrd or buelr*ra refafkm- ship down1wd..A llio h mWil ln!sal pis 11-03ft Farris CI0:32 r *CVSsaltr. A. la VW local covwrin tentaitlPor or a fond/ era mbor of the otRem rwetvrr;g w Uholy to rw4w taxaiaw lacawa. guar than Iltr!rrstrnant loco rt,ar, front tptp Xandorl B. is tho vur dix rraGt!Wna of IA,ri 6 i e*,to raxshia incerrira. other 9isn"eattnent lace mni. from of at' 1001(wAk 7 of 9w local davammart rrlfkor ar is fiiniy+ rtavnbsrr of ft offbar AND the taxabiar Inca me Is not Noit od 11mm. Um Daeal pevurrirental artllo 171 YoN I i s, Deaeritwaaschc-rrrplcyinertorblraai.io=ralatia"WPthatths vandarmn":A In 5nctian i maintntorswith r . ur aft r husiiiiass enlily % t iaspnel to wNclr the lacSl, gavorr frmt o ficar wrva n as an oHimr cr dlraatttr, or hoWs, an ownr rsWp irrldre``st d ow pu:rcoot or moro. - c tj Cl,eok thisLaa�.s it � lta yancmr xis r,�6,►en lfr��l piar�rr,wtarrt u�thccer or a kmIV tn�nrtxrr cstlt'ra al�satrciPa as me oitis L as &qsc+ W Ire Seaasrr 17GAMp), excL M gifts zlescrOol it Sortim 176.003(.i-1.� t-4mtrxo 41W1r;L)W dl�r wrrr are grrrarrr�raag 116111y LW roan providadby T(ww PJLh:z Commission Wart ucwce srela.mus R44ised irtrinar Vendor Services Agreement Page 53 of 65 Youngs Tank Incorporated CONP1_ICT OF INTEF r-''5T OUMIONNAIRE For vp,ii(Jordoing 11)Wrloss V1iih local ()0vernrticrrwtal Qnflty AcoNrrfaWcopyofGMplar17GorthPLGC31GaVetrillwt ;;xlerMpbr}Poundal'tYtlpll�irvwyctahAa�.to� ,slato.tx.�rs� Dnr5.s L&rl1rWI,O17G,h1M. For easy rele rmok bgkm arg sorn* 4f iho !gvc§Dnc alled ae hula War. Ldcst Cog b. : `t3�esrnN ret[Itlrarrslttp" Mean$ a cartneclic in belwean Iwo or more Iles bard an mmmorci1 eetlwlty qa i are of tt7e pxrlies_ -MID t13 m dn06 rat Irldrrdle a cannilcHon based on; IN a [ransacllor, cleat IS s U1]1W1 to rgrk rk' fee roguliftn by a teder®1, scats, or tacal �raremmmrrGwl hty or an �gYirl4� [9 o31erfeFEP, 5W€!, or fcr tcl aver.1:ireartat errlly; (E) a 1r$IteacbOn 04ndUCIOd ataprlcs r?ne suh*t 10terra ofakOabte to the pwblro.lor (C) apuratose or iBase of Gpof rknrcewuwcamftma,person that is thadeiecrbye state of t"d1 agenci Znd 1 N-11 is subject try router E1A-,vrna9otl by, errcl tOW:np to, NFIt 9,2e". Lvear��wpl'r1rt�estiY{�r� 1u��1(AJ9n�(�7� P,r �lgaat•rrwnaerit01kershaltfli4gconllMdUlpsre5tabmantwith respeCtjr. xuen6mit (2) tile ver dor. W fins am empl-orn4n# or eater humdnasS reiations h 0 wx) fie local givernrnent urTuer w s fsmfV n'wmtaer Of th+ct c,tfiow th;ut =ryts In the orrkw or r'amay rnerntier rem Wing tsltable Incama. ather tty4n trveatnerwl IVncorng, mat e)tc-Ods R-500 tl Me 12-M'Dnth wk1d preatcfng the d.atethat thervfreervecvmos amwemal III a con4rwl between tt1@ ilocd govermrnental enu!y ad veadar has bee exacaE W; Cr (il) thg IDW goVe r monla'I weft Is censidejinfj antcring dnto a contract with 'ale u'3rlrk�e, Ifa) hg��ivertafriotr�calgw�mnentrttltsaroraiaryFJ�rrrenntx�rWf�p��(tloeratt8f}in74r>3g'tft� fi "�anagt&Ptevakeotrnorethan $10Q in Efte j2qMnjrjp8rfOdpracedIngttiadeIe1re ofter bwonw5 aware Ut91: Idi a Gc01Itf I belwmn tree IOCnl gorrerninamai entity andv@nrky rya.':. 1:10ero exerutsrl; ar V11 tie lace( g0YeMm2n1a1 entty is epnsl eeft snl6nng into a cootraclvxth than ronclar. Lace l(tlflit#Itt t.ELL_ �'a] AV'4nder shall t to n rrmt-detott r=enitict +dt tntar�t q,�ueaYfanr rr lA re worYdcx he6 aAu�ln6� t�glonsdlp Wilh a rcaeal "OM entity and- (1) tans an emplayrrVird or cattier tlursgress retanonft wdln a 1�81910VOrtrnlertl 01111M What beta wavernmerW]on* are rarniy 111embt~ror1:119 DWVr, clt;sclttieUgy seom Y,rt;. 191(2)(A): (4 has given a N7calw fimert olfrcpr gl'tha'tIC09 Itolrerrwn*rtal ahftry, or ra Family m t-mber of the oacer,e.roortersegftwlthNe4g VRIU8SWfl`i6dbySleann17&GD:ka)(2)(B),axcla1dNany girtdesch!30dby SaCdW 176.M3(a-1l,tsr (3) has a family relaBtmahrfa vAth alocal gmtomentof er cr thal tgc4sl grxtUnclentat entity. (a-1) The c[amp.etascnrOiatctlrderestquoGtionioi lremostbarrledww;Ll1ItobnFrt,;ruprletefeoufUsadrMstrarit not later than the Gcvcn fi huainesa egy after the tales v1: (I ) tha d(Ae that the vendor: (A) L'Vns rxsc'JUILYrti ar negWatlomto enter 'Into a corer 'adtW1h.tta local g(vernmewit mar, W l�a sUbmtls 1t roeslgtaV rmuwwtel2lYity Art 93pkatiora, RrK).p-;0 19 a rcgt r*nr tfir F r 70f19 C4 bids, rorresperfdence, or arvlhar awrning relatad' to a frowental contra;t rru, i Ilrr rouji governrrofar d Milky; air (2j rho- daio *w varow b&mnc* aware. (A) of erY ohitpl ynient of Cagier btzfness relallons.hwpwJ11l a lacgl gyYre meml atrictf. rjr a tarn)y nx`M0ar0t trr9 MGM, desert d 11y8ubsectibn (a); - , Winevendar has given one or rna re CIW OPL tr.libed by Subsedto far, cc (C} ofa tarntly rsRstir!rrstr la NiEo a lncal goverr,r,e�t utter, Fix-Fr-idDd11V UMN UUM Cam r.mcr1 Yn�rr.ertoFca.s4i1l9.rX.l}r Row wd VIM, 7: Vendor Services Agreement Page 54 of 65 Youngs Tank Incorporated ATTACHMENT - B CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF RU$1NEBB Sectlon 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids. to enter into a contract for certain purchases with a bidder whose principal place of business Is In the corporate limits of the City of Fort Worth and whose bid is wilIII n 3 or 5 percent of the lowest bid, depending on the value of the request and goods or sarvices requested, If the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business roust be submitted on this form with bid packages to be considered by the City of Fart Worth. Questions should be addressed to the Purchasing staff listed in the bld or request package, The Fork Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1- Locational Eligibility: Principal Place of Business in Fort Worth, 7axas. a. Do you have a Fort Worth off oe? If yes. identify address: b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office, (must exceed 50"10] - 2. Economic Development opportunities resulting from contract. a, Number qt Fort Worth resident -employees? b. Amount of City of Fort Worth ad valorem taxes {real and business personal property) paid by company (for prior tax year — Fort Worth office or former location. if Fart Worth office is newly - established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. Lk (Cornpan ama) 1-11 0 .� (Signature) ` Ia I-L-n (Date) i.-.� E fill i��' � ��}•F (Printed Name and Title) Vendor Services Agreement Youngs Tank Incorporated Page 55 of 65 ATTACHMENT C - VENDOR CONTACT INFORMATION -i7; Vendor's Name: �,) An tj-& 7- •" L L Vendor's Local Address- q ct i i 1`4 � Phone: cNu 43 - '`# q i Fax: Email: K AS a' L Name of persons to contact when requesting services or billing questions: Namerritle-LAv C fi L, PCs G �4- SC0 5 Phone: i q?>1 C-q q I Fax: Namef7itle JUSS rrn I L, pf-'' silaP Phone: q Qo `I. � � O I Pax: Entail: CLAA.S 0 IDLAilo+aq .0 o Name/TWe K o 5 .'.0 �,jn tx d t Phones: q Ll C� L-1-�3 E1LI I Fax. Email: CkS k'L 0--30un�-c,�[ r o ^7 Will your company wept P-card payments? yes '� no Signature Printed Name Date Vendor Services Agreement Page 56 of 65 Youngs Tank Incorporated ATTACHMENT D REFERENCE SHEET Please complete and' return this form with your bid. The Vendor shall furnish referenms for at least three (3) resent customers to whom products andlor services have been provided that area similar to those required by this solicitation_ The City will be the sate judge of referenoes_ Please use adlditionail shtieets_ 1. Company's Name ?dame of Contact Title of Contact. Present Address City, Mate, Zip Cade Telephone Number Email 2 Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number Email 3. Company's Name _ Name of Con4O Title of Contact Present Address City, State, Zip Code Telephone Number Air Fax Number ( j 0 � to- LJ er Y ,"6G* 11 Z A 1,ar w-%t- n 1 -1,9 1 ( ) j-CG Fax Number ( ) rr' 14 o ()1' 1 'j-,: rr-t r-V 6 rJ a r L DI%A cDn Fax Number ( ) Vendor Services Agreement Youngs Tank Incorporated Page 57 of 65 ATTACHMENT F — VENDOR 0 U ALI F ICATION (31.11ESnONNAIRE 5:. The information provided on this questionnaire and in the bId submittal will be used to evaluate your bid. Please answer each question thoroughly. Answers may be provided on a separate sheet as tang as each response is labeled aomrding to the question. 1. Date your company was established? 1 2. How martiy years has yauT organization been in business under its present name? 9 yr5 a. Lis# any former names your organization t1as operated under and the timeframe(s). 3. slow many years of experience does your company have with inspecting fi.,el tankers? 39 qrs d_ Fioyy many years does your company have working with Fab ricatlon of Fuel Tanks and repairs? �* 5. Is your company licensed by the Gu "t a Ferfarm annual Inspections and repairs to bobtail fuel tankers? Part 2, Secton 7_5 Yes I No Dote; Provide copy of license 6. Does your oornpany have Department c(Transportatian Cargo Tank Shop number and hold a AS ME tf sump for Manufacture of Cargo Tanks? Yes � N4 Note, Provide supporting documentation 7. How many miles afe you from City Hall 200 Texas St, Fort. Worth, TX 78102? I -es 8. How many licensedlcertified in.spectars does your company have to perform inspections? I I Yea, horw many (Refer toquestion#14) No, why? 9. What is the average general response Ume for services and repalrs? Vendor Services Agreement Page 58 of 65 Youngs Tank Incorporated 10, Can your company provide written correspcandenc6 and service kxmtion within 1-2 business days, as indicated in Park 2, Section 8.1.-8.3F d 4-S — 11. Please include list of equipment, machinery, tools your company uses to perform the following: Defined in Part 2, Section 6.1,- a. Annual Inspections b. Detail Services All (£O—Ssc.r,4 4oo � 4 }gyp, C�%-.-n plc it .'P b c, Fabrication Repairs 12. Please describe the background and qualifications of each crew member, paying specific attention to the items below on: (list on separate sheet of paper) a. Title b. Number of years or months performing these services c. Number of years employed by your company d. Any licenses or certifications held by the crew member. e. Title f. Number of years or months performing these services g. Number of years employed by your company h. Any licenses or certifications held by the crew member, i. Title j. Number of years or months performing these services k. Number of years employed by your company 1. Any licenses or certifications held by the crewr member. m. Title - n. Number of years or meths performing these services o. Number of years employed by your company p. Any licenses or certifications held by the crew member. Vendor Services Agreement Page 59 of 65 Youngs Tank Incorporated Youngs Tank inc Repair crew - Juan Campos 3 yearn at Youngs Tank 9years testing/repaire"rience Ernesto AIua 4 years at Youngs Tank 12 years testing/rewirexperfe.nce Vendor Services Agreement Page 60 of 65 Youngs Tank Incorporated Form W-9 Request for Taxpayer err. l3ekbor 2010D Identification Number and Certification DWXrrM bl ao Tgmrw k"n-wl prmnw & -" 11ii- Gin 19 wwrcht,90wX mM4 for llutrw4aru and iha lrest intorma4on. 7 Name'- sh7;`n as ga.r irr:.oma tax rd wnl Nwm IsraquM ar this 1 w: do nal Ia" M 51 nr tsarle YOUNGS YAW, INCORPORATED ' 3~ lusk-ass ra me,5*era/oUsd annrJity nears, aartar,t fmm areas i. Give F(mmto the r"usater. Do rbol %and to the IRS. e Check appraprWjir hat hx iedwW bw ctasafkaWn of [he pert ion iM'SAi nerYre 4 o-k!.*d Qa im 1 r.hick MYY sort Al iM 4 Exemirws [w.2% Mxfy cn ly 7G Irrahtrc3vn an ;Dam 31: ❑ NMduetve. p.qr tw a 9 C Cnrporrim ❑ 1 ca"SSM ❑ P ru-.r-yhP ❑ rf iwmt t'. S" WmrmbrL.LC E . - Milo+ a44s wrrtl ❑ Lrrfbd i ity mwpony. BrCw [his ea eBsrrortim rcC terWalraa �=6 oarp., Ww, P-Faruw t;+1- Norsr *vxk ff a aRvap'wta boarn 11w Iris e[rare for trr5 laq r-. -r lrd4�pn bF l rri 00*-rfwr ha awry: Oa rep orwha Exrfrptlen hear FATCA NSfmrwnp LLO W dr"o ebraAn as o sbg b-nrwar ULr ffrt Is dcraWded M1am the mwwr uN of c the oww of Um LLC Is a�Otlwr1.LC U17t Kf10t ivn lM 4NTIf for 4F.5 meal � p,►paese, t37rer�+Ne. a 7r-4re"rRrrrrwr 6t� ey, cads if s4ja b awnw6w I'Mim ire verw arft w rf" Ow w0wota "+ hof doe wx awmIl rRIM oP in Owar. surer pre irwbP.L.'uorlel ► l Y.e�. rrs,e.f.,i+ernw. F au! a >wldrism tnimbor. vrw. w4 W. ip *m+f ) Sw nwumlenr � ragrresir3 irrradadi��pllvfYS P.D. BOX 491 o Ckr. tlM*. 'w'd ZIP acer BOYD. TX 780M Lsl rocarrx ryrntrer[p here FeGrrona4 1I254225126, 82992IS4415 Tarpeyrrr ldwirdficodon Nrarlliw MNj Erdw ymr TIN in the spwup wte box. The TIN Wovided must "loh fha narm gran on Irw 1 to avnid I ehr1 �"IR "1O�ar bedarp vdlhhf9l W% For ndfurdr-als, airs is gerwalFr }ow w)--W sxurOV nurnber 43W. Now wft. For a rsaldrnt aWn, solo- prcpn&Wr, or rlaregard&d ea*1r- sea the InWuccbor i4w Part I, filar. For OMIK wflhiea, h is Wurerrori"r donut omm number MW li yaw do rat Frew a nurnbrer, sea Flow do gait 7w, labr. or NOW, ff"etUcat" ll� In more Ilan o" name, sea the insinxtions sor ine 1_ Aho we Wh& Afarre and I Gnwles Heneriawuon nuimher bxaritrwToOwe ftAMm-aWWWIdelhaeonwhosienum er14T S —I2 10 13IeL19 9 Certification Under penahles or PeWlIf, I OOdW ihal, 1. Tlie inup ier i3rrgwn on V% igrrn is nvy 44rratt t LVWw t:rdrficalion rwnebeir Qrr I am v+arfrrp kr a rrtwrber to tie III to FT* wV 2, I airy nd subjW to W"NwWrrg Oaawm: ir) I wm actwW hom backup wihhording, cr ft I hm lroi beta rsohhed by [he Intemd Fweerfue aarvicia QRSI� thai I am s A*i to backup wMih 3*" as a result ota Wire w nep4rt al lr Dr dMrisnCF or M the AS has nathLd mr'hat I am no longer mA"LL to Islckup vrWfc &V: aM 3. l am a L LS cll on. or CriF'r2r U. % per aaru fgarrrraQ bolam$: and 4- This FATCA cadets) anbefad an lhls firm 01 any) MIGOri9 thrl I any emmo Frm FATCA reperang Is Gin - t?r d5cw1Wm l fetrYRtlwo. Yau mwt mos OM 1 n 2 atio"f yow haw biro` rio l bytly IRS trim you are cwra t4- s-bteu io bsickup will-404dN Decom yew how lidwd W roporl al Inlarmt arr6 dardrlde an yarrtax'Fatun. f4 rml OM M trarraeciitrw, tlem F dhee not spl7pl• For mrfeigaga Irrlaarafl Pain, al,wstlan or abandrarrarefr er aerww properly. cenrzlatleq or ow, oonmwlxre to in lrwsiA& y wuninsrtt ararrgMrnt oRrL ziw Iyererate, peti mrft drwr Mn Interw an* dLjunu, you an not mquW to slg n 1hr oertlRmlaL but you roast amMa M z earrimT1N. Sae the i9etruolio ns iDr Pan 111. I star_ f Ali! ! Pffw• J�' Ge� I �ASt11JGtiisilS • 473 Forrn ION-DI4 Ovider5de, hckMlinglhomimm>iWJw orm" iuruis} 8611r011 Miarorlc55 are to ttro InbQrat FtaMME Cade unless athwrivbse noted. Fuhre tievdaPrnprr125. FDrthe latest Irilwtrlairl'1 alaout dey6opneras raWed to Farm W-g avid Ita Inatruclions, such as 4 99WOM OMCM SttBr it" WOW Publlphafl,101p www-VS.9OV1omeit& Purpose of Form An r dhiduel or etmy-Fo►m 14-9 WL*i�tr:} who Is requ"d to ire an Wormohm alum with trip IRS must ci an your scored t3zpayer der,Gficadim nvntai><[rNFwhith may lsayaurwt2iry rvr'r�tra ¢. Ind4ltlwF taxpalyar ld A M UM ndwbor OTIW adaabm t%Kpaya number PON). or erroWyw idmHoWSm w nber (Eihp, td rep4ri col on 4lbrrulstion rglum Me awount paid to you, hr other amount mpariabW an an bdwriation mb rtt Exan-Vlee of inlarrnubon rehmm include, but are rout Wilted W. tree romca ing, . Form 1r NN'T Ilnbaeat earned u palkR Cat w 10231X a Farm 1099-Mt5C tuarkNA types 01 ricwm. primes, awards. or grass • Form 1W9-13 WOpk armLfival Ft "sales nod Wain Whir karmlicilons by brakersl • Form 1OW-S Wac*x%fr€rm %d "tale Uwwac+larxl • Fern 10%-I{ Ijrwachwl cad an d :hard pricy rfetwork traraaa Was) . Fwm ]ON (hwrtw i-mrigapa Inlrrasif, 1091�-E Nbijew loanrrilercest), 1091-T Qluhlari@ a Fimm yMS4Oalptilyd Atria * Form 10WA latiqulakan or abandoomenl d propwV LAL& Farm W=9 ontk if you am a U.S. pawn friektrblg a rviident Weal, to pruAde your ooriw TIN. xperi do nor reti re F«rn rN-0 to Ow requet wkh a TW, you ftlli�`il be sr 'acr to be~ lnWftoAns Sae What re Wchiv wM**Ow. hrw. Rrm W-0 ¢rw. 110-20191 Vendor Services Agreement Youngs Tank Incorporated Page 61 of 65 u.1 ❑apiartment of Tfansportaifan Federal Motor Carrier 509ty AdM119 7tIon YOmm9 rAW ING F4 8177E 491 B676. 7K 760D N.. glee 12 oa Nor Jmmy A.vek, U. Wed"Mn. DC20M [ioveaber 2.5, :�032 QR681' Wum2mre 1211391f Cr MMLb-rr! Ll6 Cargo Tank PIN 1 9 t10OWF 7aur regiatrstion stateor*oC t.a *U,"" ie the Ma"facturi, 3.10enbly, inepo-obi4n *h19 L++sing, cecEi#i{r*iaa ae arpaie of a rugs taak or a -cargo tank .wt4r V01414 aunufaee.nrad In accerdulon rich a URPM epeairicat.b;m yn¢gr *LtbahrpLer a of 49 C.P.R. ar mndtr the terns �cE an a=amxtion keamd 9oder 49 C.F.R. i07.W2(b1 h#j b*4n weeptsd_ Yavr 132DD7 NurJamc, Cr [Cargo Sankt Rmber and rargv 7enk vtd tP*o r0anal idsntificatioRumbat can be lound kn the upper eight -hand rgrn*r n! ebiL lsctsr- although Feu Will be issued only ';" VSbCC ULKi ir. We will be iaaved a eopFr*Ert Cr 19umber and asparzte Cargo 7mLk PIN !or "-;h cargo tank Eapili" y u hams 1"BLIfird_ Baaad on the ioforoatlon prodded in yWr r691rw4eatlaa aesLamaot Us facility i¢cated at 1500 MRW JPY 114, 1grn, TZ 76023 yLth Cr Wa0mr 176 Ls ragist%red with the baperts¢M1t to pser&rS the fallariag rmatiaa■ an th■ fallcrinq cargo t,mka: FzrxluAL. Y1tAla.L illyrrUy.LLW tLll i"Y GClI.J.. V1tPJa.. ie31C""1"1lA t''6'v^''iti6 sear _ RJ�bd Z 1R Sewn u,xtav ru tseauw 4z _ -. Wl-,Lr, i;�Ue-n.�ar rar7cnf 4..n5LqAq ED RNUTIUFM� � p'yyr, uyrtt,*, LR.1..v, mav,. L-rriu'a, uvi-4vi M"O,' LFna%rb, Vvi47! b.lnb, ex:SL,, U4I1•tireF LW.F ,L r__ %.4UW,- C307- — - = qwb, urr�,ur !_sue. aev:-$Usu,, un1brre, uvr4_1�1 teu 0" esgalesd to updati'+fou:c Cargo Tank ragistration statement i%-"y aiY ysara, wlthin ClLety days of tk,s re-ieiruamce of an Anerice.n 3arlety at Nv;;hjAL4}1 Pngie akuh [i9bE) az Krtia::l Board oC Boiler and Preeaure ''easel tnspwl #Wf {EM) Csrtlfieate of Autnoclaatiw, hldiever occurs first. Pr ac!F 4h}rugs LrL tbs registration 3Agoroation submitted under 49 g,r,F, 107,son iocl„dLr.g L6. 7Platvarat 69 the ptraon caeponsibla far r.c-Flumes riLh ens r.quferaret2 of 49 C.F-A_ 1. 501[atICI, Your. regketratiRn *tdLt~t ftlrat ba updztsd if any of th■ falloviuq events acoor.- L-mm gr m-144Y Fn{F of AghM ar N= Crzkificat■ of iuthorlsatioaj A change: in feaction such aa, fraa #aFrtuBbly to mwwfaetursa Am adrUtion or a [rmatiani or a change tq the Cyp— of DupOfftl4nn, tests or eertifiaatione yr -ue rgv tank. ar corn p"k netac vshielss_ Yau can update your C7 [Cargo Tank] rmqi4trt414e OAtALsrat in ona of tro Sayre 1. zwkvFwk obl-L— epdatiap pl--_ Updrtm ■lsctrontcaLly on th,e TM!rk aegi+grallen Yrbaisr at! http!//oafar_ mcee_dot.,gmv. Imo w111 need your UT Ntrh'F,yr, Varga Taok @'I'tl and a vz1Ld reedit card to the online. Tile pioeaeaing of your creditcecd will 43JEply 12srV4 ca pcamLda the eardhcldar's , igital sigrwtµra wF • peo"Livi smarLue to Maur■ greater 3ecurtty in ne iACei-irg yaw! comparhll's Inforsat1m. Shire All be no charSv 4m"i4vmwd to y— eemdiL area_ Ibis eptl. n is Set availakam for cowponies domiciled :- Kew{ov- FaRr o m i# }qµe &&emend L&an#ifise s d mSmIdt eat bs oNared with azi:w . - "- —Py LVAAL .e4 peewee_ ''sand a registration stat mcht rorrtmioinq the infacmatio. Wgdle.d by ii C.r-B- 107-501 IWerl Vendor Services Agreement Page 62 of 65 Youngs Tank Incorporated of the regulations to OSDOT/FMCSA IT Operations Division, W-RID, Cargo Tank Group, 1200 New Jersey Ave., S.E., ➢7ashington, DC 20590. Due to the high volume of motor carriers filing paper Copies, we strongly encourage you to update your CT registration statement online. Regulatory information can also be obtained. from the FMCSA wehsite, http:/Iwww.fncsa.dot.gov. If you need technical assistance, please contact FMCSA support services at 1-800-832-566D or your local FMCSA office at: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 903 SAN SACINTO RLVD SUITE 1100 AUSTIN, TX 18701-2452 Telephone No.: 512-916-5440 Thank you for your cooperation. Sincerely, Vendor Services Agreement Page 63 of 65 Youngs Tank Incorporated d'Ir3 U .F. fo U 0 0 Ln d_ ra �L C) E a) C7 A CERTIFICATE ATE F ME AUTHORIZATION u The named cornpany is authorized by The American Society of Mechanical Engineers (ASME) for the scope of activity shown below in accordance wflh the applicable rules of the A ME Boiler and Pressure Vessel Code_ The use of the ASME Single Certification Mark and the authority granted by this Certificate of Authorization are subject to the provisions of the agreement Set forth in the application. Any construction stamped with the ASME Single Certification Mark shall have been built strictly in accordance with the provisions of the ASME Baiter arid Pressure Vessel bode_ COMPANY: SCOPE: Youngs Tank, Inc, Highway 114,2 Miles East Boyd, Texas 76023 United ~states Manufacture of pressure vessels at the above location only AUTHORIZED: November 24, 2022 EXPIRES: November 24. 2025 CERTIFICATE NUMBER. 24471 Board Chair. Conformity Assessment Managing Director, Standard & Engineering Services Vendor Services Agreement Page 64 of 65 Youngs Tank Incorporated VERIM AT[ON OESIGN.M.TRE A[ 111110RITY Ywng,% Tank. Inc. buss fl=ilton, F;R&Oer, Sales,. SeM Dqt ?.0. Box 491 Boyd, TIC 76023 Execution of this Signwvre v4orificalion Form ("Form") hcpcby certifies that the following individuals an&x positions have the authority to IcgAy bind Vcndar and to oxeculc any agreemtrLT, intendment or chanp0 at' -der -on bei'i&.¢#`Vetk El`r. Such hinding authority hai bled grilletctE by proper cwder. resnlwion, ordinance or other autbori tigii of Vendor, City is Fully errtit.ked to Tcl}y on the warranty and rupFmccitaflon set forlb in this Farts in entwng rots arry agrwrncnt or ameadiatill with Vendor. Vendor will wbinit an updated Form within t-ert I l0) biula days if there arc any chmae-4 to the S1grimry alithrrriCv. City ig entitled to rely on any current ax0cated Form tu]til it meklwos a revised Fofln drat lin* fxxn prxTerly e_xeeuted by Vendor. Name; POSRIDn: Set lts ! E'f4rAl l2tr 3 si I8tkaltl ft 2_ Mario: Position: S i �rlahlre 3_ Nlame: Position_ $ igntmrrc - Narn� F €Si.9natur--o Prus-Went 1 O Other Title. Date; !! Vendor Services Agreement Page 65 of 65 Youngs Tank Incorporated