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HomeMy WebLinkAboutContract 59957City Secretary Contract No. 59957 FORT WORTlis 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, acting by and through its duly authorized Assistant City Manager, and STOVALL COMMERCIAL CONTRACTORS, L.L.C. ("Vendor"), a Texas limited liability company, acting by and through its duly authorized representative, 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 ITB No. 23-0067 5. Exhibit D — Vendor's Bid Response to City's ITB No. 23-0067; 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. Vendor will provide the City with fuel system maintenance on an as needed basis ("Services"), which are set forth in more detail in Exhibit "A," which is attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on October 1, 2023 (`Effective Date") and expires on September 30, 2024 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). This Agreement will automatically renew under the same terms and conditions, for four (4) one-year renewal terms (each a "Renewal Term") unless terminated in accordance with the terms and conditions of this Agreement. 3. Comnensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed Three Hundred and Fifty Thousand Dollars and 00/100 ($350,000.00). Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY Stovall Commercial Contractors, LLC FT. WORTH, Tx Page 1 of 24 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 -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will 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 Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will 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 will 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 will 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 will treat all information provided to it by City ("City Information") as confidential and will 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 will promptly notify Vendor. It will be the responsibility of Vendor 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 must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must 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 will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. Vendor Services Agreement Stovall Commercial Contractors, LLC Page 2 of 24 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will 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 will 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 subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will 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, contractors, or contractors. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR WILL 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, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION -VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTSAND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 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 Vendor Services Agreement Stovall Commercial Contractors, LLC Page 3 of 24 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 will 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 will 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 will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will 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 will 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 will 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 will, 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 will 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 will 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 will be 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, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must 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 Services pursuant to this Agreement: Vendor Services Agreement Stovall Commercial Contractors, LLC Page 4 of 24 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will 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 Services are 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 must 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 must be submitted to City to evidence coverage. 10.2 General Reauirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must 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 must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Vendor Services Agreement Stovall Commercial Contractors, LLC Page 5 of 24 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. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws. Ordinances. Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will 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 must 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 will 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, CONTRACTORS, SUBCONTRACTORS, 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 will 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: Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address Vendor Services Agreement Stovall Commercial Contractors, LLC To VENDOR: Stovall Commercial Contractors LLC Patrick Howell, Estimator/Operations Manager 609 S Country Rd 810 Alvarado, TX 76009 Page 6 of 24 14. Solicitation of Emnlovees. Neither City nor Vendor will, 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 will 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. 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 does 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 will 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 will 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 will 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 Party'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, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. Vendor Services Agreement Stovall Commercial Contractors, LLC Page 7 of 24 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty 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 will 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. 25. Immigration Nationalitv Act. Vendor must 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 will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must 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 WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will 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 will 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 will 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. 27. Signature Authoritv. The person signing this Agreement hereby warrants that they have 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. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. Vendor Services Agreement Stovall Commercial Contractors, LLC Page 8 of 24 28. Change in Comnanv Name or Ownership. Vendor must 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. 29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, 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 Agreement. 30. Prohibition on Bovcotting Energv 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. 31. Prohibition on Discrimination Against 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. 32. 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 Vendor Services Agreement Stovall Commercial Contractors, LLC Page 9 of 24 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 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. 33. 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. 34. 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. [REMAINDER OF PAGE INTENTIONALLY BLANK] Vendor Services Agreement Stovall Commercial Contractors, LLC Page 10 of 24 City Secretary Contract No. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: baruL Br�GcrJrr� By: Dana Burghdoff (Aug 1, 2023 i 07 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: Aug 21, 2023 APPROVAL RECOMMENDED: �� By:,z Name: Ricardo Salazar Title: Interim Property Management Director pd'O'04pn�� ATTEST: � F ..... �dd oa �o I A � ��Qp TEXAso4 b gi10�044 By: Name: Jannette S. Goodall Title: City Secretary VENDOR: Stovall Commercial Contractors, LLC By: 41t� Name: Diann Howell Title: Managing Member Date: 08/11 /2023 Vendor Services Agreement Stovall Commercial Contractors, LLC 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. By: Denise Garcia (Aug 16, 2023 09:49 CDT) Name: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: By: I ► I I�� vtn. 7Wf )� Name: Kevin Anders Title: Assistant City Attorney I CONTRACT AUTHORIZATION: M&C: 23-0618 M&C Approved: August 8, 2023 Form 1295: 2023-1018909 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 11 of 24 EXHIBIT A SCOPE OF SERVICES 1. SCOPE 1.1. This Agreement is for Fuel System Maintenance for the Property Management Department on an "as needed" basis. 1.2. 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. Additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added. 1.4. Unit prices shall include all costs associated with the specified work, including but not limited to handling delivery, fuel charges, fees and certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.5. Any services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of service. 2. VENDOR RESPONSIBILITIES 2.1. VENDOR shall install, maintain, repair and/or replace petroleum lubricant and fuel dispensing equipment parts, components and systems. 2.2. This Agreement shall include, but not be limited to, the following Services: 2.2.1. Cleaning, repairs, replacement, installation requirements and mandates for electrical/petroleum needs of: 2.2.1.1. Gasoline 2.2.1.2. Diesel 2.2.1.3. Diesel emission fluid (DEF) 2.2.1.4. Jet Fuel 2.2.1.5. Motor Oil 2.2.1.6. Hydraulic oil dispensing equipment 2.2.1.7. Monitoring equipment; and 2.2.1.8. Containment Equipment 2.3. If Vendor offers an item, which will not fully comply with the specification, the item being offered and its deviation from the specification should be clearly described and Vendor shall submit detailed specifications of the deviation to the Property Management, Fleet Division, Fuel Manager for approval. 2.4. Vendor agrees to provide the Property Management Department's Fleet Division Fuel Manager Vendor Services Agreement Stovall Commercial Contractors, LLC with notification in writing of any changes from the manufacture with full specifications of the substitute. The Fleet Manager must approve any and all substitutions. 2.5. Materials and equipment shall meet all national, state, local codes, California Air Resources Board (CARB) certified requirement, National Fire Protection Association (NFPA) requirements and amendments. 2.6. Vendor shall provide the Property Management Department's Fleet Division Fuel Manager with a preventative maintenance program for the replacement of all internal and/or external filters, including, but not limited to, calibration, troubleshooting, repair, and replacement of the following: gasoline, diesel, diesel emission fluid (DEF), Jet fuel, motor oil, hydraulic oil dispensing and containment equipment associated with the dispending and monitoring of product. 2.7. All of Vendor's technicians must be certified and/or licensed to perform all electrical/petroleum equipment Services for this Agreement. All applicable local, state or federal licenses/certifications must be provided to the City and maintained during the term of this Agreement. 2.8. Vendor shall be certified/licensed where required by regulatory or manufacturer for the installation, start-up, calibration, trouble shooting, repair and/or replacement of the listed fuel tank equipment, including, but not limited to the following; 2.8.1. Ohio Pattern Works (OPW) or Phoenix Software, tank gauging equipment including monitor panels, probes, sensors, wiring, including miscellanies associated parts or electrical power source. 2.8.2. OPW Overfill shutoff components (single and dual point). 2.8.3. OPW fill/spill containment manhole devices. 2.8.4. Healy Monitoring System- monitors vacuum for stage II vapor recovery, if required. 2.8.5. Red Jacket/Veede-root System, including, but not limited to tele-communication and Internet Protocol (I.P) address network to server. Networking system will operate with Pathway Plus, Echelon I.P. Routers, Pro -Links, ST's, RLM 5001, etc. automatic fuel monitoring system. 2.8.6. OPW SQL, Phoenix Premier, Smart Talk, Galaxy, OPW-1500, iSite, and Integra (500,100) Tank Monitoring/Management Software/Hardware Systems, including, but not limited to software/hardware listed above and telecommunication, I.P. address networking system to server. Networking system operating with O.P.W. System II, k800 Hybrid, OPW Lantronix — external device servers, Digi DialSery internal/external and/or Vendor Services Agreement Stovall Commercial Contractors, LLC I.P. Routers, Ethernet to Smart Talk, Galaxy, OPW-1500, iSite, and/or Integra (500,100) w/reconciliation automatic fuel monitoring system, including any upgrades and/or changes O.P.W. deems necessary to enhance fuel management and monitoring systems. 2.8.7. Tokheim/Gasboy mechanical or electronic dispensers pumping units. 2.8.8. Tuthill product -pumping units. 2.8.9. Bennett (electronic) and Wayne Dresser (electronic) product pumping and dispending units. 2.8.10. Graco oil hydraulic pumping dispensing units, including Graco online meters (G-IM). 2.8.11. Lincoln oil and hydraulic pumping dispensing units. 2.8.12. Ballcrank oil and hydraulic pumping dispensing units. 2.8.13. Allemite Oil pumps, 50' Oil Reels, Oil Guns, Oils Guns w/meter, 50', 70', Fuel Reels. 2.9. Maintenance performed by Vendor will consist of, but not be restricted to the following: 2.9.1. Inspection or replacement of all dispenser and pump filters, both internal and external (if applicable). 2.9.2. Inspection and cleaning of petroleum storage tanks (if applicable). 2.9.3. Check for proper flow of each dispenser with seal and dates of tests. 2.9.4. List old and new technician calibration numbers on the invoice with explanation. 2.10. This Agreement may include a future fuel management and monitoring system. Should a future fuel management and/or monitoring system technician be needed for diagnostics and/or repairs, Vendor shall contact the Property Management Department's Fleet Division Fuel Manager or his designated representative. The Fuel Manager or his designated representative will contact Vendor to request maintenance for the future City fuel management/monitoring system (i.e. computer boards, sensors or wiring, etc.). 2.11. There must be an ID number reported for each technician that will be calibrating anv and all dispensers and/or meters governed through weights and measure. The dispenser and or meters must be sealed with a company stamp identifying year, ID number, and technician name. 3. DELIVERY 3.1. Vendor will deliver parts to the City that are in -stock at the time an order is placed within 1 (one) day. 3.2. Vendor will deliver parts to the City that are not in -stock at the time an order is placed within 7 (seven) days. 3.3. Vendor will respond to requests for Service within one hour of a call during regular work hours, which are Monday through Friday 7:30 a.m. to 5:30 p.m. Vendor Services Agreement Stovall Commercial Contractors, LLC 3.4. Vendor will respond to emergency requests within one hour of a call during after hours, which are Mondays through Fridays from 5:31 p.m. to 7:29 a.m., and all day on weekends and holidays. 3.5. City of Fort Worth recognized holidays are as follows; 3.5.1. New Year's Day 3.5.2. Martin Luther King Day 3.5.3. Memorial Day 3.5.4. Juneteenth 3.5.5. July 4th 3.5.6. Labor Day 3.5.7. Thanksgiving Thursday and the following Friday 3.5.8. Christmas Day 4. BRAND NAME OR EOUAL 4.1. Any manufacturer's names, trade names, brand names information, and/or catalog numbers listed in the bid documents are for information and not intended to limit competition unless otherwise indicated. 4.2. The City shall have the sole right to determine equal products. 5. WARRANTY 5.1. All parts installed under this Agreement shall carry a minimum allowable manufacturer warranty period of at least one year. Warranties shall be effective on the date the parts are accepted by the City. 5.2. Vendor shall provide a labor warranty of at least one year. 5.3. No repair or service work provided on any existing equipment shall void the existing warranty on the equipment. 5.4. Vendor warrants and guarantees that all items shall be in good working order from the time the items are placed into service. Items shall be free of defects by design, materials, and workmanship for a period of not less than two years. Should equipment fail during the warranty period, it shall be repaired/replaced by Vendor at no expense to the City. 6. UNIT PRICE ADJUSTMENT 6.1. Vendor may request a Price Adjustment based on Price Adjustment Verification up to one time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or downward, from the established contract price that is supported by a demonstrated Price Adjustment Justification. A request for a Price Adjustment must be initiated by the Vendor. Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the sole Vendor Services Agreement Stovall Commercial Contractors, LLC discretion of the City to determine whether an adjustment is necessary and/or acceptable. 6.2. As used in this Section 6, the term "Quarterly" means the City's Fiscal year quarters, being each of the three (3) month periods the first of which begins October 1. Quarter (Q) 1: October 1 - December 31; Q2: Jan 1 — March 31; Q3P: April 1 - June 30; Q4: July 1 - September 30. 6.3. As used in this Section 6, the term "Price Adjustment Justification" shall mean documentation supporting a requested Price Adjustment and showing an objectively verifiable basis for a change in price due to the documented impact of economic condition on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier price sheets. It is within the sole discretion of the City to determine whether a Price Adjustment Justification is sufficient and/or acceptable. 6.4. The Vendor must submit its Price Adjustment request, in writing, at least 60 days before the effective period (1st day of a new quarter). The Vendor must provide all Price Adjustment Justification, as defined above, at the time of its request for a Price Adjustment. 6.5. If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price Adjustment Justification, the City reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its entirely and terminate this Agreement. If the City elects not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 6.6. Upon expiration of the Agreement term the vendor, agrees to hold over under the terms and conditions of this Agreement 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 rate(s). Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 6.7. Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day prior written notice to the Purchasing Manager. 6.8. Only published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence. 6.9. In the event of a conflict between the language in this Section 6 and the language regarding unit price adjustments in Exhibits C and D of this Agreement, the language in this Section 6 shall be controlling. 7. PAYMENTS 7.1 All payment terms shall be no later than 30 days from the date the City receives a properly Vendor Services Agreement Stovall Commercial Contractors, LLC prepared invoice that contains no errors. 8. INVOICING REOUIREMENTS 8.1. The City of Fort Worth has begun implementing an automated invoicing system. 8.2. Vendor shall send invoices electronically to the City's centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not monitored so Vendor shall not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receive and process supplier invoices. 8.3. Vendor shall include the following on the subject line of Vendor's e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013- 0000001234) 8.4. To ensure the system can successfully process invoices in an expedient manner, Vendor shall adhere to the following requirements: 8.4.1. All invoices must be either a PDF or TIFF format. 8.4.2. Image quality must be at least 300 DPI (dots per inch). 8.4.3. Invoices must be sent as an attachment (i.e. no invoice in the body of the email). 8.4.4. One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. 8.4.5. Please Vendor shall not send handwritten invoices or invoices that contain handwritten notes. 8.4.6. Dot matrix invoice format is not acceptable. 8.5. The invoice must contain the following information: 8.5.1. Supplier Name and Address; 8.5.2. Remit to Supplier Name and Address, if different; 8.5.3. Applicable City Department business unit# (i.e. FW013) 8.5.4. Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); 8.5.5. Invoice number; and 8.5.6. Invoice date. 8.6. Invoices shall be submitted after delivery of the goods or services. 8.7. To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: Vendor Services Agreement Stovall Commercial Contractors, LLC ZZ FIN AccountsPavable(a,fortworthtexas.2ov. 8.8. If Vendor is unable to send invoices as outlined above at this time, Vendor shall send invoices to the City's centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 8.9. If electronic invoicing is not possible, Vendor shall send Vendor's paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 8.10. Vendor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 8.11. In the event of a conflict between the language in this Section 7 and the language regarding unit price adjustments in Exhibits C and D of this Agreement, the language in this Section 7 shall be controlling. 9. SERVICE LOCATIONS PROPERTY MANAGEMENT FLEET SERVICES DIVISION: James Avenue Service Center 5021 James Avenue Tire Service Center (Bolt St) 2950 W Bolt Street Brennan Service Center 2500 Brennan Street Southside Service Center 4100 Columbus Trail Southeast Service Center 5000 Martin Luther King Fwy Water Service Center 2201/2222 W Daggett Street North Service Center 301 Hillshire Drive FIRE DEPARTMENT: Fire Station no. 1 120 N. Pecan, 76102 Fire Station no. 2 1000 Cherry Street, 76102 Fire Station no. 3 4700 Ramey, 76119 Fire Station no. 4 2954 Old Mansfield Rd., 76119 Fire Station no. 5 Fire Station no. 6 Fire Station no. 7 Fire Station no. 8 Fire Station no. 9 Fire Station no. 10 Fire Station no. 11 Fire Station no. 12 Vendor Services Agreement Stovall Commercial Contractors, LLC 850 Irma Street, 76104 205 University Drive, 76107 925 Morrison Drive, 76112 1101 12' Avenue, 76104 2575 Polaris, 76137 3209 Hemphill Street, 76110 1900 Texas Drive, 76247 120 N.W. 22nd Street, 76106 Fire Station no. 13 5333 Lea Crest Lane, 76135 Fire Station no. 14 2737 Meadowbrook Drive, 76103 Fire Station no. 15 3100 Azle Avenue, 76106 Fire Station no. 16 5933 Geddes Ave., 76107 Fire Station no. 17 5151 Hemphill Street, 76115 Fire Station no. 18 1908 Carleton, 76107 Fire Station no. 19 2613 Carnation Avenue, 76111 Fire Station no. 20 901 Woodhaven Blvd., 76103 Fire Station no. 21 3501 South Hills Avenue, 76109 Fire Station no. 22 4849 Wilbarger Street, 76109 Fire Station no. 23 3201 Portales, 76116 Fire Station no. 24 3101 Forest Avenue, 76112 Fire Station no. 25 3801 N. Main Street, 76106 Fire Station no. 26 6124 South Hulen Street, 76106 Fire Station no. 27 2940 Precinct Line Road, 76118 Fire Station no. 28 1300 Everman Pkwy., 76140 Fire Station no. 29 6400 Westcreek, 76133 Fire Station no. 30 4416 Southwest Blvd., 76116 Fire Station no. 31 4209 Longstraw Drive, 76137 Fire Station no. 32 10201 White Settlement Road, 76108 Fire Station no. 33 14650 Statler Blvd., 76155 Fire Station no. 34 14101 Sendera Ranch Blvd., 76052 Fire Station no. 35 2201 Flight Line Road, 76177 Fire Station no. 36 5045 Columbus Trail 76133 Fire Station no. 37 4721 E. Ray White Road, 76248 Fire Station no. 38 13280 Park Vista Blvd, 76117 Fire Station no. 39 7655 Oakmont Blvd., 76132 Fire Station no. 40 8510 Spring Street, 76179 Fire Station no. 41 11400 Willow Springs Road, 76052 Fire Station no. 42 450 E Rendon Crowley Road, 76028 Fire Station no. 43 13330 Highland Hills, 76008 Fire Station no. 44 4017 Falcon Way W, 76106 Fire Station no. 45 1901 Quail Grove Drive, 76177 PARK and RECREATION: Northside Service Center 1700 Brennan, 76106 Rockwood Service Center 1851 Jacksboro Hwy., 76114 South District 5201 James Avenue, 76115 Vendor Services Agreement Stovall Commercial Contractors, LLC Pecan Valley Golf Meadowbrook Golf Sycamore Creek Golf Forestry East District West District 6899 Lakeside Drive, 76126 1815 Jenson Road, 76112 401 Martin Luther King Fwy, 76104 2525 Joe B Rushing Road, 76119 2300 Avenue H, 76105 7151 Calmont Avenue. 76115 POLICE: Police Heliport Nixon Street, 76102 Police Heliport 310 Gulfstream Road, 76106 Police Auto Pound 2500 Brennan Street, 76106 AVIATION: Meacham Field 4201 N. Main Street, 70106 Spinks Air Port 13725 Stone Road, 76028 I City Hall Service Building ICommunications Radio Site Fort Worth Convention Center Will Rogers Vendor Services Agreement Stovall Commercial Contractors, LLC GENERAL SERVICES: 1000 Throckmorton Street, 76102 ELECTRONICS: 4100 Columbus Trail, 76133 PUBLIC EVENTS: 1111 Houston Street, 76102 3300 Harley Street, 76107 City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE WRT WORTH �J PRICE SUBMITTAL Evem IQ page; Invited: EVENT DETAILS C'W01-23-0097 _ Event Round Version Submit To: City of Fort Worth 1 FINANCIAL MANAGEMENT SERVICES Event Name FIN ANCE=-Ci HalIPurchessing 176Fu _ el systems Maintenance 200 Texas St. (L[ower Level Rm 1500) StartTime Finish Time Fort Worth TX 76102-6314 05/02/2023 0"7:00:00 CDT 05/25/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@forlworthtexas-gov Line Details Line: t Oescrio#Jon: fits Unit UnitPrfce Total Fuel System Installation, Maintenance, and Repair tabor, (Regular Business Hours, 2050-00 HR F �av AM to 5:30PM, at will, Wnday through 75.04 153,750.00 Line- 2 QesoAntion, Env Unit UnitPr€ce Total Fuel System Installation, Maintenance, and Repair Labor, (puerlfine Business Hours, 500,DO HA 5:31 PM to 7:29AM, at will, Monday 75.00 37.500,00 through Friday, and all day weekends and holidays). Total Bid amount: I 191,250.00 Prompt Payment discount Terms: 3 Percent 10 Days (i-e. 3'1/a Net 15, etc,) A bid of'0" will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that item. A bid of'no hid' or no response (space left blank) wlll 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 non -responsive and may result in disqualificaton of this bid. Items riot listed above will be offered at a discount of 12 % from Manufacturer's List Price *For non -Manufacturer Parts where Vendor must purchase Darts and materials that are not procured from the manufacturer. Vendor shall bill Citv for the Darts at 0% markuD and Drovide the receipt from the store where the Darts and materials were Drocured with the invoice delivered to the Citv. Vendor Services Agreement Stovall Commercial Contractors, LLC 1*:3011:3194 CITY'S ITB NO.23-0067 The City's ITB NO. 23-0067 begins on the next page. Vendor Services Agreement Stovall Commercial Contractors, LLC FORT WORTH, COVER PAGE Event ID CFW01-23-0067 Event Round Version 1 1 Event Name ITB Fuel Svstems Maintenance Start Time 05/02/2023 07:00:00 CDT Page Invited: EVENT DETAILS 1 Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Finish Time Fort Worth TX 76102-6314 05/25/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids to finalize an agreement for Fuel Systems Maintenance for the Property Management Department on an "as needed" basis. Submission Requirements and Deadlines Submission Requirements and Deadlines All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please visit https://www.fortworthtexas.gov/departments/finance/purchasing/register for more information. Assigned Buyer: Eugene Chandler Pre -Bid Conference: A pre -bid conference will be held in person and via WebEx on Wednesday May 10 at 2:30PM Attendance at pre -bid conferences is not mandatory but strongly encouraged. In -Person Fleet Services James Ave Conference/Training Room 5021 James Ave (2nd Building in the back, between two larger buildings. Enter at burgundy doors with awning). Fort Worth, TX 76134 WebEx: Meeting Phone Number: 1-469-210-7159 Meeting number (access code): 2551 594 1881 Meeting Password: cXrpB6seR23 Meeting Link: https://fortworthtexas.webex.com/fortworthtexas/j.php?MTID=m9l5f5b5a4ac62c3cc8a3a2al faO46554 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., Thursday May 25, 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 Senior Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 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, 200 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 courier's shipping envelope "BID No. 23-0067 Fuel System Maintenance AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER 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 any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in this document. The period for acceptance of this bid will be 120 calendar days after the bid opening date. ITB 23-0067 Fuel Sytems Maintenance 1 of 34 FORT WORTH. COVER PAGE Event ID Page Invited: EVENT DETAILS CFWO1-23-0067 1 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB Fuel Svstems Maintenance 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 05/02/2023 07:00:00 CDT 05/25/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Solicitation Documents: Cover Page Bid Submission Signature Page** Price Submittal** Part 1 Instructions Part 2 Scope of Services/Specifications Attachment A - Conflict of Interest Disclosure Requirement** Attachment B - Consideration of Location of Bidder's Principal Place of Business** (if applicable) Attachment C - Vendor's Contact Information** Attachment D - Draft Vendor Service Agreement, attached as a separate document Attachment E - Locations for Service 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. ITB 23-0067 Fuel Sytems Maintenance 2 of 34 FORT WORTH. BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: EVENT DETAILS CFW01-23-0067 2 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB Fuel Svstems Maintenance 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 05/02/2023 07:00:00 CDT 05/25/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/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 (refer to Section 22, Part 1) ITB 23-0067 Fuel Sytems Maintenance 3 of 34 FORT WORTH, PRICE SUBMITTAL Event ID Page Invited: EVENT DETAILS CFW01-23-0067 3 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB Fuel Svstems Maintenance 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 05/02/2023 07:00:00 CDT 05/25/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qtv Unit UnitPrice Total Fuel System Installation, Maintenance, and Repair Labor, (Regular Business Hours, 2050.00 HR 7:30AM to 5:30PM, at will, Monday through Friday. Line: 2 Description: Qtv Unit UnitPrice Total Fuel System Installation, Maintenance, and Repair Labor, (Overtime Business Hours, 500.00 HR 5:31 PM to 7:29AM, at will, Monday through Friday, and all day weekends and holidays). Total Bid Amount: Prompt Payment Discount Terms: Percent Days (i.e. 3% Net 15, etc.) A bid of "0" will be interpreted by the City as a no -charge (free) item and the City 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 non -responsive and may result in disqualification of this bid. Items not listed above will be offered at a discount of % from Manufacturer's List Price ITB 23-0067 Fuel Sytems Maintenance 4 of 34 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 may discover 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 on the first 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 Solicitation must be requested in writing 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. 2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED, ALL QUESTIONS MUST BE BY E- MAIL BEFORE THE QUESTION DEADLINE AND MUST BE IDENTIFIED AS FOLLOWS: 2.2.1 All explanation, clarification or questions must clearly 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: Eugene Chandler and Bid No. 23-0167. If the buver's name and bid number is not included as specified above, the auestion(s) will NOT be answered. 2.2.2 Delivery of questions by email — FMSPurchasinaResponses(a-)fortworthtexas.gov 2.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not received within 1 (one) business day, please contact the City of Fort Worth Purchasing 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, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City's website under the corresponding bid number. ITB 23-0067 Fuel Sytems Maintenance 5 of 34 3.0 UNAUTHORIZED COMMUNICATIONS — Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Senior Purchasing Manager, the Business Equity Division, or as otherwise indicated in the ITB is prohibited and may result in disqualification 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 City's consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non -binding with regard to this ITB. 4.0 PREBID CONFERENCE — 4.1 A pre -bid conference will be held please see Cover Page for the location and for potential bidders who are unable to attend the WebEx details. Failure to attend the pre -bid conference will impact a potential Vendor's ability to submit a fully informed and competitive bid response. 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated. Prices or Percent Markups submitted on other than the forms included in the Solicitation shall be considered non -responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITIES - The quantities listed on the price submittal are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City 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 demonstrate 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 of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 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. ITB 23-0067 Fuel Sytems Maintenance 6 of 34 8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. 8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and their tender delivery to the City. 8.3.3 Bids offering anv other delivery terms are not acceptable and may be cause for reiection. 9.0 PRICES/PERCENTAGE DISCOUNT or MARKUP 9.1 Bid prices and percentage discount (if applicable) 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 govern. 9.3 Prices shall be offered in the Dollars 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. 11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID 11.1 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 with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 13.0 PAYMENTS 13.1 All payment terms shall be no later than 30 days from the date the City receives a properly prepared invoice that contains no errors. Please see Section 11.0, Part 2 for invoicing requirements. Prompt/early payment discount(s) may be considered by the City. Bidder shall submit the proposed discount(s) on the "Price Submittal" page. ITB 23-0067 Fuel Sytems Maintenance 7 of 34 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at httos://www.fortworthtexas.gov/departments/finance/iDurchasina/ach 14.0 SUBMISSION OF BIDS 14.1 Bid documents: 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 envelope. 14.2 Documents required to be submitted with Bid: Bidders shall submit all the items listed below and utilize the format below to submit their bid prior to the bid submission deadline. 14.2.1 The completed and signed Bid Submission Signature Page; 14.2.2 The completed Price Submittal; 14.2.3 Reference list of a minimum of three (3) current customers (comparable in size) who the bidder has recently provided subject services on a continuing basis over a three (3) year. Included in Bidder's Qualification Questionnaire Attachment F. 14.2.4 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid. The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. Included in Bidder's Qualification Questionnaire, Attachment F. 14.2.5 Bidder's background, number of years in business. Included in Bidder's Qualification Questionnaire, Attachment F. 14.2.6 A detailed performance plan that outlines the method to be used to ensure that the needs of the City will be met. Included in Bidder's Qualification Questionnaire, Attachment F. 14.2.7 A completed and signed original Conflict of Interest Questionnaire, Attachment A. 14.2.8 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment B, if applicable. 14.2.9 A completed and signed Vendor Contact Information, Attachment C. 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. ITB 23-0067 Fuel Sytems Maintenance 8 of 34 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 clock 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 Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder to deliver before the bid due date and time. 15.4 Bids delivered to a City location other than 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 any time prior to the bid submission deadline. 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 17.1 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 furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an "all or none" award may be considered if a single award is advantageous. 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. ITB 23-0067 Fuel Sytems Maintenance 9 of 34 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 Waive 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; and/or 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 Solicitation. 20.2 Business Equity Division Documents: 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 within two (2) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified 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 purchase/contract will be presented to the City Council. The form may be completed at htti)s://www.ethics.state.tx.us/whatsnew/elf info form1295.htm 21.0 PROTEST PROCEDURE 21.1 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. ITB 23-0067 Fuel Sytems Maintenance 10 of 34 21.2 The Vendor must submit any protest in writing to the Senior Purchasing Manager within 14 days after the Vendor knows, or should have known, of the facts relating to the proposed action or award. 21.3 The Senior Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, e-mail or in person meetings with the protesting Vendor. 21.4 After discussions or meetings, the Senior 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 Senior 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 should review the rules for registering to appear before City Council located at: http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's website. 22.0 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to 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 governmental entity shall order its own material/services as needed. ITB 23-0067 Fuel Sytems Maintenance 11 of 34 PART — 2 SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize an agreement for Fuel System Maintenance for the Property Management Department on an "as needed" basis. Prospective responding 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(s), known hereafter as "Contractor"/"Vendor." 1.2 The quantities listed on the price submittal 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 Agreement shall begin on the date stated in Purchase Order ("Effective Date") and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to four (4) one-year renewal periods (October 1 to September 30), unless City or Vendor provides the other party with notice of non -renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor / Vendor. 1.4 Following the award, additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. 1.5 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.6 Any services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 1.7 This agreement will be awarded on an all or none basis. 1.8 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 TENTATIVE SCHEDULE OF EVENTS TASK DATE ITB Release Date May 2, 2023 Pre -Bid Conference May 10, 2023 2:30PM (Local Time) ITB 23-0067 Fuel Sytems Maintenance 12 of 34 Deadline for Questions Answers Posted ITB Response Due Date AT 1:30 p.m. (Local Time) Recommended Vendor Selection Mayor and Council Consideration Contract Execution May 11, 2023 12:OOPM (Local Time) May 12, 2023 May 25, 2023 June 2023 August 2023 August 2023 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The Vendor shall notify the City's Senior Purchasing Manager, in writing, of a company 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 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 do so may adversely impact future invoice payments. 4.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 4.1 The Contractor 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 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 5.0 METHOD OF AWARD 5.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to the City. A responsible bidder is defined as a bidder that: 5.1.1 Meets all the requirements listed in Section 4, Part 2. 5.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 5.2 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non -responsive. 5.3 The following criteria will be used to determine the best value: 5.3.1 Cost of service — up to 35 points 5.3.2 Contractor's Qualifications and Experience — up to 20 points 5.3.3 Availability of resources to provide services (equipment) — up to 15 points ITB 23-0067 Fuel Sytems Maintenance 13 of 34 5.3.4 Availability of resources to provide services (personnel) — up to 15 points 5.3.5 Contractor's approach to perform services — up to 15 points 5.4 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 5.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 5.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 5.7 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 5.8 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 5.9 If Attachment B, Local Preference, is completed by any Bidder, the City will review the Attachment to determine whether Local preference will apply to the award. 6.0 CONTRACTOR RESPONSIBILITIES 6.1 Contractor shall install, maintain, repair and/or replace petroleum lubricant and fuel dispensing equipment parts, components and systems. 6.2 Agreement shall include, but not be limited to, the following services: 6.2.1 Cleaning, repairs, replacement, installation requirements and mandates for electrical/petroleum needs of: 6.2.1.1 Gasoline 6.2.1.2 Diesel 6.2.1.3 Diesel emission fluid (DEF) 6.2.1.4 Jet Fuel 6.2.1.5 Motor oil 6.2.1.6 Hydraulic oil dispensing equipment 6.2.1.7 Monitoring equipment ITB 23-0067 Fuel Sytems Maintenance 14 of 34 6.2.1.8 Containment Equipment 6.3 When the vendor is offering an item, which will not fully comply with the specification, the item being offered and its deviation from the specification should be clearly described and shall submit detailed specifications of the deviation. Failure to comply may be grounds for disqualification of bid. 6.4 The vendor must agree to provide Property Management, Fleet Division, Fuel Manager notification in writing of any changes from the manufacturer with full specifications of the substitute. Fleet Manager must approve any and all substitutions. 6.5 Materials and equipment shall meet all national, state, local codes, California Air Resources Board (CARB) certified requirement, National Fire Protection Association (NFPA) requirements and amendments. 6.6 The vendor shall provide Property Management, Fleet Division, Fuel Manager with a preventative maintenance program for the replacement of all internal and/or external filters. Including, but not limited to, calibration, troubleshooting, repair, and replacement of the following: gasoline, diesel, diesel emission fluid (DEF), Jet fuel, motor oil, hydraulic oil dispensing and containment equipment associated with the dispending and monitoring of product. 6.7 All technicians must be certified and/or licensed to perform all electrical/petroleum equipment services for this agreement. All applicable local, state or federal licenses/certifications must be presented. 6.8 The vendor shall be certified/licensed where required by regulatory or manufacturer for the installation, start-up, calibration, trouble shooting, repair and/or replacement of the listed fuel tank equipment, but not limited to the following: 6.8.1 Ohio Pattern Works (OPW) or Phoenix Software, tank gauging equipment including monitor panels, probes, sensors, wiring, including miscellanies associated parts or electrical power source. 6.8.2 OPW Overfill shutoff components (single and dual point). 6.8.3 O.P.W fill/spill containment manhole devices. 6.8.4 Healy Monitoring System- monitors vacuum for stage II vapor recovery, if required. 6.8.5 Red J acketNeed e- root System, including, but not limited to tele-communication and Internet Protocol (I.P) address network to server. Networking system will operate with Pathway Plus, Echelon I.P. Routers, Pro -Links, ST's, RLM 5001, etc. automatic fuel monitoring system. 6.8.6 OPW SQL, Phoenix Premier, Smart Talk, Galaxy, OPW-1500, iSite, and Integra (500,100) Tank Monitoring/Management Software/Hardware Systems, including, but not limited to software/hardware listed above and telecommunication, I.P. address networking system to server. Networking system operating with O.P.W. System II, k800 Hybrid, O.P.W. Lantronix- external device servers, Digi DialSery internal/external and/or I.P. Routers, Ethernet to Smart Talk, Galaxy, OPW-1500, iSite, and /or Integra (500,100) w/reconciliation automatic fuel monitoring system, including any upgrades and/or changes O.P.W. deems necessary to enhance fuel management and monitoring systems. 6.8.7 Tokheim/Gasboy mechanical or electronic dispensers pumping units. ITB 23-0067 Fuel Sytems Maintenance 15 of 34 6.8.8 Tuthill product -pumping units. 6.8.9 Bennett (electronic) and Wayne Dresser (electronic) product pumping and dispending units. 6.8.10 Graco oil and hydraulic pumping dispensing units, including Graco online meters (G- IM). 6.8.11 Lincoln oil and hydraulic pumping dispensing units. 6.8.12 Ballcrank oil and hydraulic pumping dispensing units. 6.8.13 Allemite Oil pumps, 50' Oil Reels, Oil Guns, Oils Guns w/meter, 50', 70', Fuel Reels. 6.9 The maintenance contract will consist of, but not restricted to the following electrical, petroleum, cleaning and repair of gasoline, diesel, diesel emission fluid (DEF), jet fuel, motor oil, hydraulic oil dispensing and containment equipment. 6.9.1 Inspection or replacement of all dispenser and pump filters, both internal and external (if applicable). 6.9.2 Inspection and a clean petroleum storage tanks (if applicable). 6.9.3 Licensed/certified for repair of electrical failure conditions. 6.9.4 Check for proper flow of each dispensers with seal and dates of tests. 6.9.5 List old and new technician calibration numbers. 6.10 This agreement may include a future fuel management and monitoring system. Should a future fuel management and/or monitoring system technician be needed for diagnostics and/or repairs, the awarded vendor shall contact the Property Management Department Fleet Division, Fuel Manager or his designated representative. The Fuel Manager, or his designated representative, will contact the appropriate party or will allow the awarded contractor to maintain the Cities future fuel management/monitoring system. 6.11 There must be an ID number reported for each technician that will be calibrating/further. All meters must be sealed with a company stamp identifying year, ID number, and technician name. 7.0 DELIVERY 7.1 Vendor will deliver parts in -stock at time of order placed within 1 (one) day. 7.2 Vendor will deliver parts non -stock at time of order placed within 7 (seven) days. 7.3 Vendor will respond to request for service within one hour of call during regular work hours Monday through Friday 7:30am to 5:30pm. 7.4 Vendor will respond to emergency request within one hour of call during after hours, Monday through Friday 5:31 pm to 7:29am, and all day on weekends and holidays. 7.5 City of Fort Worth recognized holidays are as follows: 7.5.1 New Year's Day ITB 23-0067 Fuel Sytems Maintenance 16 of 34 7.5.2 Martin Luther King Day 7.5.3 Memorial Day 7.5.4 Juneteenth 7.5.5 July 4 7.5.6 Labor Day 7.5.7 Thanksgiving Thursday and the following Friday 7.5.8 Christmas 8.0 BRAND NAME OR EQUAL 8.1 Any manufacturer's names, trade names, brand names information, and/or catalog numbers listed in this specification are for information and not intended to limit competition unless otherwise indicated. Bidders may offer any brand for which he/she is an authorized representative, which meets or exceeds the bid specification for any item(s) listed herein. If bids are based on equivalent products, indicate on the price submittal the manufacturer's product name and reference number. 8.2 Vendors shall submit proposals, cuts, sketches, and descriptive literature, and/or complete specifications. Bidders shall explain the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids which do not comply with these requirements are subject to rejection. Bids lacking any written indication of intent to bid an alternate brand will be received and considered incomplete. 8.3 The Senior Purchasing Manager or designee will evaluate "equal" product on the basis of information furnished by the Vendor or identified in the bid and reasonably available to the Senior Purchasing Manager. The Senior Purchasing Manager or designee is not responsible for locating or obtaining any information not identified in the order. 8.4 Unless the bidder clearly indicates in its bid that the product being offered is an "equal" product the bidder shall provide the brand name product referenced in the bid. 8.5 The City shall have the sole right to determine equal products. 9.0 WARRANTY 9.1 All parts installed under this contract shall carry a minimum allowable manufacturer warranty period of at least one year. Warranties shall be effective on the date the parts are accepted by the City. 9.2 Vendor shall provide a labor warranty of at least one year. 9.3 No repair or service work provided on any existing equipment shall void the existing warranty on the equipment. ITB 23-0067 Fuel Sytems Maintenance 17 of 34 9.4 Contractor warrants and guarantees that all items shall be in good working order from the time items are placed into service. Items shall be free of defects by design, materials, and workmanship for a period of not less than two years. Should equipment fail during the warranty period, it shall be repaired/replaced at no expense to the City. 10.0 LAWS. REGULATIONS. AND ORDINANCES 10.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Vendor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 11.0 INVOICING REQUIREMENTS 11.1 The City of Fort Worth has begun implementing an automated invoicing system. 11.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices(oD.fortworthtexas.gov.. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier Invoices. 11.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013- 0000001234) 11.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: 11.4.1 All invoices must be either a PDF or TIFF format. 11.4.2 Image quality must be at least 300 DPI (dots per inch). 11.4.3 Invoices must be sent as an attachment (i.e. no invoice in the body of the email). 11.4.4 One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. 11.4.5 Please do not send handwritten invoices or invoices that contain handwritten notes. 11.4.6 Dot matrix invoice format is not accepted. 11.4.7 The invoice must contain the following information: ITB 23-0067 Fuel Sytems Maintenance 18 of 34 11.4.7.1 Supplier Name and Address; 11.4.7.2 Remit to Supplier Name and Address, if different; 11.4.7.3 Applicable City Department business unit# (i.e. FW013) 11.4.7.4 Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); 11.4.7.5 Invoice number; 11.4.7.6 Invoice date; and 11.4.8 Invoices should be submitted after delivery of the goods or services. 11.5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to suoolierinvoices(a�fortworthtexas.ciov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPavable(a)fortworthtexas.aov. 11.6 If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 11.7 If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 The City's goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392- 2451 or by email to ZZ FIN AccountsPavable(@fortworthtexas.2ov. 11.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 12.0 UNIT PRICE ADJUSTMENT 12.1 Vendor may request a Price Adjustment based on Price Adjustment Verification up to one time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or downward, from the established contract price that is supported by demonstrated Price Adjustment Justification. A request for a Price Adjustment must be initiated by the Vendor. Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the sole discretion of the City to determine whether an adjustment is necessary and/or acceptable. ITB 23-0067 Fuel Sytems Maintenance 19 of 34 12.2 Quarterly means the City's Fiscal year quarters, being each of the three (3) month periods the first of which begins October 1. Quarter (Q) 1: October 1 — December 31; Q2: Jan 1 — March 31; Q3P: April 1 — June 30; Q4: July 1 — September 30. 12.3 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 economic conditions on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. 12.4 The Vendor must submit its Price Adjustment request, in writing, at least 60 days before the effective period (1st day of a new quarter). The Vendor must provide all Price Adjustment Justification, as defined above, at the time of its request for a Price Adjustment. 12.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price Adjustment 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 elects not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 12.6 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 12.7 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement 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 rate(s). Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 12.8 Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day prior written notice to the Senior Purchasing Manager. 12.9 Only Published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence. 13.0 PERFORMANCE - Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 14.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without written permission from the City. 15.0 HAZARDOUS CONDITIONS 15.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. ITB 23-0067 Fuel Sytems Maintenance 20 of 34 15.2 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 materials, the Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 16.0 CONTRACT ADMINISTRATION AND TERMINATION 16.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her 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. 16.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the Senior Purchasing Manager who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. If the agreement is terminated for default, the Vendor may be held liable for excess cost and/or liquidated damages. 16.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 16.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 17.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 17.1 If the Federal award meets the definition of "funding eCFR — Code of Federal Regulations agreement" under 37 CFR §401.2 (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 performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 18.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 18.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). ITB 23-0067 Fuel Sytems Maintenance 21 of 34 19.0 DEBARMENT AND SUSPENSION 19.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 20.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) 20.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting 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 that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 20.2 Bidders shall provide proof of Byrd Anti -Lobbying Amendment certification filings with their bid, if the bid exceeds $100,000.00. 21.0 NO BOYCOTT OF ISRAEL 21.1 If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, 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 Agreement. 22.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 22.1 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 ITB 23-0067 Fuel Sytems Maintenance 22 of 34 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. 23.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES 23.1 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," "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. 24.0 RIGHT TO AUDIT 24.1 Vendor agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. ITB 23-0067 Fuel Sytems Maintenance 23 of 34 ATTACHMENT - A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. ITB 23-0067 Fuel Sytems Maintenance 24 of 34 CONFLICT OF INTEREST OUE TIQNNAIRE For vendor doing business with local govemm mat entlty FORM CIO ThIs gWsllanrmire re#1 m c#tonges mhde in ft law by Rig. M. amh leg.. Regular Semon QFFIC—EUSEONLY rNE q6c maua is iiwN Wed in wwrdanoe *r$ Chapler 176. Lc-dil Go4errlmeru Lone. % a vendor whg Dae Rece,ed teas a busings m1a6c4t9tlip as deNned by Secifm 1; F UO rT-@} W4h1 a local gavemmental ervlGv and the agobw rnr .j reglirrernefrls a_ 7tig Sg61iin 17in.G46[al By tare �iu quesmnmilre muaibs fired wirhthe mmrM admrntstrator vl aia bcw grnverrwrwntat entity mr kler urran rile 7th bdpriass day arlw klia date the irenmr trgwmas awade vt tar% brat requrta IYie W;amenl is b4 tip Bea 175.eozS EL- ri, Local Covamment Cade A Yan[M rgmmriir aR ufreRiae d the vondar krahringlr naratge Section 17 E.-DOG. incal &Wa Jmr%nt C96e An rjmFEj�; witlei this se;xian LS a "n mmeanal J Nm cavendarwho has abusirwssretigionshipwith lacnlgovernmental Lmtity. J ❑ ChG& " box11 you 2m Tiling an update Wa pmvfouslu filed gaasUonnalro. (The lgw rdgLJree li-W you tile nn updated cDmpteted queationnair$ %4lirr'rig mWopnate fling zjuthr?nty net tat trial rie 7tfir mrsigess day aftof thadate on writrT you became mwaFe teat the mnglnadly hied queDtioanaire w9s rncompieta or inacmatd,i kerrre of local gr remnant officer shout wtmrn lha tniarmabon is being d-rsclasad . Nam-3 or Ofr& er J t]assribeeach 9mplay mnt oraiFter busineas relattonPhip with the local gov&rnmenl atflce4 cra fornily member of the officer, as described by Section 176.OD3{a)(2jA). Also describe any family relationshTp with the tvicel govemrnent officer- Completa subparts Aand 0 tar each eTnploymr3nt or business ielatiounshlp damrlbed. Attach additional pages to this Fort CIG ns Fgicbssvey. A. Is ine local goveinmem officoF eras famly marnher of ma officaT receiving Llr Ipkety Iareca:wim taxabee ;n ome ath€r Phan investment Inwnie- +rani tha vendor' - E-1Ygs E7N❑ B. is the wgndor nmaiving ! r Ilkey tU rccenla GZ WD rnsama. other man irrv!�sirnom irl n rre, Train ar st the dxactlor+ .3f 1-1m local gm ernmam officm or a KarnCy member of ine of Hoar AND me taxable income is not TeeeFged from EI-0 local patr8rramenrsl entity' E] Yes = r,lo Al Dawribe each i-mPm meant or h using relationship th m t the vondor flamed in Section i mairitalns with a rot poi attort or otttier business entity wilh mspeal towNch the foal gwernrnem officersmcw s as an otfimr or difactor, or holds ao ownershl In intarem at a rich percent or more. BI ❑ Chock Otis box if the V9rldor N gNgn the betel gsntamMan l offmaer or !� Tamtry meriibe+otrY,e affiear o+Te or Fnora g1ft= as described in Section 176,ti-4a(a){2);5). extruding grits dau&bad in 5activn 176343(mTI 71 nalui 9 ar veqdoi ming L new wnh ;tp- WVerra[ntil 13YM LaSR Farm pruvWed bw Texas Frhics Cam ms&, YYW*.A1hjegs1ate true fievLse-d ITB 23-0067 Fuel Sytems Maintenance 25 of 34 CONFUCT OF INTEREST OUE TIONNAIRE For vendor doing busness wail local governmental enfrtr A complete copy of Ctiapi er 1176 of tt-,e Loc a l Government Code may bf~ found at bHP rj "-statutes egrs-state-tx. usr DocVLCv htrriiLG. 17 6. ntm For easy reference. below are some of the secgons c4sd era Wis form Loral Owemrnenl Code 1TG.001tl-a}: " Business relataansiira'rneansa connection between two of more parties based on commercial aMvity ofer;e of the parties Tfxe :arm dues rrot Indrtde B con nectiorl betsed on- { A) a transaction fhat is s ubject to rate or fee ragul:ation try a ledeofal, stale, or tocaa govemmerilat entity or an agency of a ►eaesal, state, Drlocal goverrsmentai entity; {Hj a transaction con-ii;uctea as a price and subjecl to Terms ava;table I 1hB putAc; or (G] a pu nctFaze or lease of goads or services rrom a person gnat i.s eharterea oy a state or federal agency and that is subject to regular aamina7on by, and reporting tr_•. Inat agency Local Government Code t317&00XaX2VA1 and f8l: i $+ A ie al guvernment o ficei sha',J file a COW ktD- d1tWIDBLlfe s€atemeni w att, respeot to a v andos 'd. f21 brevendor i AI has an emooymem or Uther business relationship vAh the foot government ofiracef or a rarvily rnembw of the afftcer that results in the affjoar or famity rnarober retiaivrng taxabrr? 0come, Diner than frrvestfnaar incom, that exc-eels $2,500 dufrncl the 12-month per r-A P. eGeC lRg the date That ltie Qrf I mJ bi3cames aware that (iJ amirilmr t betw?en the total gcvernMBR!aJ entity and vendar has baen executad; or fill me Ircal govefnfnental entity is considering entering into a contrazt w+th the vier!dor, iB3 has given W the Ior W g4vernmBekoWeror a famrty niemgef of ttre offfcerorreor more gRE that have an aggregate valuti of more than � 100 in the f 2-month period preceding Ilse date the office becomes aware that, (i) a contract between the local govern niientat enlity and vendor ryas Beet; executed; of (i i) the slacai governmental entSy as conslberrRg entering into a contract with tt►e vendar. Lana I Gove rnment Code & 176.00fif a 1 and f a-11 {.@�} A vendor shall We a completed confficl of frtteTest questtonnaKe if the Veribor has a business felatbDnstllr7 with a local gcvernrrrenlal entity and (1 r nae an empJayment or other business retadonsmp wlfh a fatal governmem effacer of that local governmental ef-My, or a fatuity member ei the cffecer. described by Section 17 S.043 f a}t2}(AJ , (2) has given a locEil giwetnrneni offfref otihat rorsi governmental an5ity. or a lamlly member of the officer, aria or rrnare gifts wlth the aggregati? vafue specifec by Sec�on 176.0031ai{2}($y, exxiurJing arry gift described by Section 176-003fa- 0;ar (31 has a fariuly relationship with a local govemment ctfiaer or that local governmentaI entity la- r) Thecumpfated conflicl of iniefest quesbannaire mus3 ae fl8dwith the appropriate records administrator not later than the seventh business day after the iaterof. t t r Ybe pate that tfla vendor rAl degtns d-SCu353Gfis or negotiations to enter into a oionirazl with (he rocal gf-vammenial ardlty; of (B J subm its to the local gm srnrr+en�al entity an appdicat on, respofSsa to a to -t fo+r proposals or Lids, correspandence, or another wffting feinted la a potantiaJ .ontract with me local govefrimemntal ennt� ; or t 2 1 !W cate the v or come& aware'. IAI of an arrlploymefit or other btrsirtess r31001FISttip INit, a focal govern men-. officer, or a ramfly member of the officer, daseflbed by 9-ibeec#ion (a), ( S r [hat # he vendo, has given one or more UMs descfibed by Bubse; tf42n i a i . of iC) of a farnily fetatioiish ib wit+ a local go vgmmeni cifFirer Form rxwtlaj t5y Tex Dhrm Ca €ioR Is. us -�=_,ns&d Oate ITB 23-0067 Fuel Sytems Maintenance 26 of 34 ATTACHMENT — B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 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 within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services 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 must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort 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. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? If yes, identify address: 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%] 2. Economic Development opportunities resulting from contract. a. Number of 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 Fort 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. (Company Name) (Date) (Signature) (Printed Name and Title) ITB 23-0067 Fuel Sytems Maintenance 27 of 34 ATTACHMENT C — VENDOR CONTACT INFORMATION Vendor's Name: Vendor's Local Address: Phone: Fax: Email: Name of persons to contact when requesting services or billing questions: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Will your company accept P-card payments? yes no Signature Printed Name Date ITB 23-0067 Fuel Sytems Maintenance 28 of 34 ATTACHMENT D — DRAFT VENDOR SERVICE AGREEMENT The draft service agreement is attached as a separate document. ITB 23-0067 Fuel Sytems Maintenance 29 of 34 ATTACHMENT E — LOCATIONS FOR SERVICE EQUIPMENT SERVICES DIVISION FACILITIES: James Avenue Service Center Tire Service Center (Bolt St) Brennan Service Center Southside Service Center Southeast Service Center Water Service Center North Service Center 5089 Harley Avenue 2950 W Bolt Street 2500 Brennan Street 4100 Columbus Trail 5000 Martin Luther King Fwy 2201/2222 W Daggett Street 301 Hillshire Drive ADDITIONAL LOCATIONS FIRE DEPARTMENT: Fire Station no. 1 120 N. Pecan, 76102 Fire Station no. 2 1000 Cherry Street, 76102 Fire Station no. 3 4700 Ramey, 76119 Fire Station no. 4 2954 Old Mansfield Rd., 76119 Fire Station no. 5 850 Irma Street, 76104 Fire Station no. 6 205 University Drive, 76107 Fire Station no. 7 925 Morrison Drive, 76112 Fire Station no. 8 110112t" Avenue, 76104 Fire Station no. 9 2575 Polaris, 76137 Fire Station no. 10 3209 Hemphill Street, 76110 Fire Station no. 11 1900Texas Drive, 76247 Fire Station no. 12 120 N.W. 22"d Street, 76106 Fire Station no. 13 5333 Lea Crest Lane, 76135 Fire Station no. 14 2737 Meadowbrook Drive, 76103 Fire Station no. 15 3100 Azle Avenue, 76106 Fire Station no. 16 5933 Geddes Ave., 76107 Fire Station no. 17 5151 Hemphill Street, 76115 Fire Station no. 18 1908 Carleton, 76107 Fire Station no. 19 2613 Carnation Avenue, 76111 Fire Station no. 20 901 Woodhaven Blvd., 76103 Fire Station no. 21 3501 South Hills Avenue, 76109 Fire Station no. 22 4849 Wilbarger Street, 76109 Fire Station no. 23 3201 Portales, 76116 Fire Station no. 24 3101 Forest Avenue, 76112 Fire Station no. 25 3801 N. Main Street, 76106 Fire Station no. 26 6124 South Hulen Street, 76106 Fire Station no. 27 2940 Precinct Line Road, 76118 Fire Station no. 28 1300 Everman Pkwy., 76140 Fire Station no. 29 6400 Westcreek, 76133 Fire Station no. 30 4416 Southwest Blvd., 76116 Fire Station no. 31 4209 Longstraw Drive, 76137 Fire Station no. 32 10201 White Settlement Road, 76108 Fire Station no. 33 14650 Statler Blvd., 76155 Fire Station no. 34 14101 Sendera Ranch Blvd., 76052 Fire Station no. 35 2201 Flight Line Road, 76177 11.29.2022c ITB 23-0067 Fuel Sytems Maintenance 30 of 34 Fire Station no. 36 5045 Columbus Trail 76133 Fire Station no. 37 4721 E. Ray White Road, 76248 Fire Station no. 38 13280 Park Vista Blvd, 76117 Fire Station no. 39 7655 Oakmont Blvd., 76132 Fire Station no. 40 8510 Spring Street, 76179 Fire Station no. 41 11400 Willow Springs Road, 76052 Fire Station no. 42 450 E Rendon Crowley Road, 76028 Fire Station no. 43 13330 Highland Hills, 76008 Fire Station no. 44 4017 Falcon Way W, 76106 Fire Station no. 45 1901 Quail Grove Drive, 76177 PARK and RECREATION: Northside Service Center 1700 Brennan, 76106 Rockwood Service Center 1851 Jacksboro Hwy., 76114 South District 5201 James Avenue, 76115 Pecan Valley Golf 6899 Lakeside Drive, 76126 Meadowbrook Golf 1815 Jenson Road, 76112 Sycamore Creek Golf 401 Martin Luther King Fwy, 76104 Forestry 2525 Joe B Rushing Road, 76119 East District 2300 Avenue H, 76105 West District 7151 Calmont Avenue. 76115 POLICE: Police Heliport Police Heliport Police Auto Pound AVIATION: Meacham Field Spinks Air Port GENERAL SERVICES: City Hall Service Building ELECTRONICS: Communications Radio Site Nixon Street, 76102 310 Gulfstream Road, 76106 2500 Brennan Street, 76106 4201 N. Main Street, 70106 13725 Stone Road, 76028 PUBLIC EVENTS: Fort Worth Convention Center Will Rogers 1000 Throckmorton Street, 76102 4100 Columbus Trail, 76133 1111 Houston Street, 76102 3300 Harley Street, 76107 11.29.2022c ITB 23-0067 Fuel Sytems Maintenance 31 of 34 ATTACHMENT F —VENDOR QUALIFICATION QUESTIONNAIRE 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 long as each response is labeled according to the question. 1. Date your company was established? 2. How many years has your organization been in business under its present name? a. List any former names your organization has operated under and the timeframe(s). List three (3) other organizations your company has provided similar services to in the last three (3) years. Use additional sheets if necessary. 4. Is your company able to respond to a normal request for services (Mon -Fri 7:30AM to 5:30PM) within one (1) hour? 5. If no, within what time can you respond? 6. Can your company provide emergency services (5:31 pm to 7:29am Mon -Fri and all day weekends and holidays) within one hour of receiving request for service? 7. If no, within what timeframe can your company provide emergency services? 8. On a separate sheet(s) provide a list of the equipment your company can utilize to provide services. 9. On a separate sheet(s) describe your company's performance plan and methodology to ensure that the needs of the City are met. Include total number of company employees, the key personnel who will be performing services and all licenses and certifications related to the scope of work that they hold. Must include old and new technician calibration ID numbers. Bidder shall also include services they provide to their employees (PPE, drug and alcohol testing, etc.) (Continued Next Page) ITB 23-0067 Fuel Sytems Maintenance 32 of 34 11. Please indicate with Yes or No whether your company can provide repair/replacement services for the following items: 1 Hose assemblies 2 Nozzle assemblies 3 Breakaway valves 4 Line leak detectors 5 Dispenser shear valves 6 Submergible pump assemblies 7 Dispenser/pump start/stop operation 8 Detection and repair of all product leaks throughout product delivery system 9 Comprehensive fuel/electrical repair capability 10 Replacement parts will interface with all Present City equipment Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No ITB 23-0067 Fuel Sytems Maintenance 33 of 34 ATTACHMENT G DOCUMENTATION CHECKLIST Refer to Part 1, Section 14.2 for more information on the below required documents. Required Documents Document Attached? Page Number(s) of Bid Response Yes/No *Bidder will need to number their bid response in ink* completed and signed Bid ibmission Signature Page A completed Price Submittal Attachment A - Conflict of Interest Questionnaire Attachment B - A completed Consideration of Location of Bidder's Principal Place of Business (if applicable) Attachment C - A completed and signed Vendor Contact Information Attachment F - A completed Vendor's Qualification Questionnaire Any addendums sent out after the release of the bid Scanned Copy of all required documents Separate USB Drive with password included if necessary ITB 23-0067 Fuel Sytems Maintenance 34 of 34 FORT WORTH. ADDENDUM TO INVITATION TO BID PURCHASING DIVISION ITB 23-0067 Fuel Systems Maintenance ADDENDUM NO. 1 INVITATION TO BID (ITB): 23-0067 BID OPENING DATE: May 25, 2023 (UNCHANGED) DATE ISSUED: May 12, 2023 ITB 23-0067 Fuel Systems Maintenance, issued May 2, 2023, is hereby amended as follows: 1. Questions and Answers document is hereby incorporated, in full text, page 2 this addendum. 2. Amended page 13 of the original ITB is hereby incorporated as page 3 of this addendum. 3. The sign in sheet from the Pre -Bid Conference is hereby incorporated as page 4 of this addendum. 4. The PowerPoint presentation from the Pre -Bid Conference is hereby incorporated as page 5 of this addendum. All other terms and conditions remain the same. Bidders are required to acknowledge this addendum by signature and submit with original proposals. Eugene Chandler Buyer I By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced ITB. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. Q1-Is the City of Fort Worth using Cim-Tek water separation filters? Al- Yes, Cim-Tek petroleum water separating filters would be used for all pumping and dispensing equipment. Q2- Are you able to get Cim-Tek filters currently? A2- Yes, the supply chain for Cim-Tek filters has improved greatly recently and we are not having trouble obtaining them currently. Q3- What type of fuel maintenance management system are you using? A3- We are currently using Ohio Pattern Work's (OPW) for fuel management and tank gauging system. We may change at some point. We are interested in Asset Works fleet and fuel management system. But a definite decision to transition to another system has not been made. Q4- Do you have electrical or mechanical fuel dispensers? A4- The City has both at locations across the City. We are moving more towards electric, but it is still both for now. Q5- Can we have a copy of the PowerPoint presentation from the pre -bid conference? A5- Yes, the PowerPoint will be converted to PDF and attached to Addendum 1. Q6- The Cover Page of the bid document says bids are due by May 25, 2023 at 1:30PM. On page 13, The Tentative Schedule of Events states the due date is May 18, 2023. Which is correct? A6- The Cover page is correct. Bids are due May 25, 2023 by 1:30PM. The bid document has been corrected and ITB 23-0067 Final Bid Document V2 is incorporated as part of this addendum and supersedes all previous versions. Q7- May we have a copy of the sign in sheet from the Pre -Bid conference? A7- Yes, it has been incorporated as page 4 of this addendum. Questions and Answers for ITB Fuel Systems Maintenance 2of16 Deadline for Questions Answers Posted ITB Response Due Date AT 1:30 p.m. (Local Time) Recommended Vendor Selection Mayor and Council Consideration Contract Execution May 11, 2023 12:OOPM (Local Time) May 12, 2023 May 25, 2023 June 2023 August 2023 August 2023 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The Vendor shall notify the City's Senior Purchasing Manager, in writing, of a company 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 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 do so may adversely impact future invoice payments. 4.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 4.1 The Contractor 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 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 5.0 METHOD OF AWARD 5.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to the City. A responsible bidder is defined as a bidder that: 5.1.1 Meets all the requirements listed in Section 4, Part 2. 5.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 5.2 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non -responsive. 5.3 The following criteria will be used to determine the best value: 5.3.1 Cost of service — up to 35 points 5.3.2 Contractor's Qualifications and Experience — up to 20 points 5.3.3 Availability of resources to provide services (equipment) — up to 15 points Questions and Answers for ITB Fuel Systems Maintenance 3of16 1*:4011:318C VENDOR'S BID RESPONSE TO CITY'S ITB NO.23-0067 The Vendor's Bid Response to City's ITB No. 23-0067 begins on the next page. Vendor Services Agreement Stovall Commercial Contractors, LLC FORTWORTH,-.. ADDENDUM TO INVITATION TO BID PURCHASING DIVISION ITB 23-0067 Fuel Systems Maintenance ADDENDUM NO.1 INVITATION TO BID (ITB): 23-0067 BID OPENING DATE: May 25, 2023 (UNCHANGED) DATE ISSUED: May 12. 2023 ITB 23-0067 Fuel Systems Maintenance, issued May 2, 2023, is hereby amended as follows- 1- Questions and Answers document is hereby incorporated, in full text, page 2 this addendum. 2. Amended page 13 of the original ITS is hereby incorporated as page 3 of this addendum. 3. The sign in sheet from the Pre -Bid Conference is hereby incorporated as page 4 of this addendum. 4. The PowerPoint presentation from the Pre -Bid Conference is hereby incorporated as page 5 of this addendum. All other terms and conditions remain the same. Bidders are required to acknowledge this addendum by signature and submit with ❑riginal proposals. Eugene Chandler Buyer I By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced IT8. COMPANY NAME: stagy II CQrnmsrraal Contractors LLC SIGNATURE - NOTE: Corn pany name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. TORT WORT x OVER PAGE Event ID CFWO1-23-0067 Event Round Version 1 1 Event Name ITS Fuel Svstems Maintenance Start Time 05/02Y2O23 07:00:00 CDT Page Invited- EVENT DETAILS 1 Submit To- City of Fort Worth k FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Finish Time Fort Worth TX 76102-6314 05/25/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas,gov -vent Description he City of Fort Worth seeks bids to finalize an agreement for Fuel Systems Maintenance for the Property management Department on an "as needed" basis. Submission Requirements and Deadlines submission Requirements and Deadlines III companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please isit https:llwww.fortworthtexas.gov/departments/finance/purchasing/register for more information. kssigned Buyer: Eugene Chandler 're -Bid Conference: � pre -bid conference will be held in person and via WebEx on Wednesday May 10 at 2:30PM Attendance at pre -bid conferences is not mandatary but strongly encouraged, i-Person "legit Services James Ave ConferencefTraining Room -021 James Ave (2nd Building in the back, between two larger buildings. Enter at burgundy doors with awning) �ort Worth, TX 76134 VebEx: Aeeting Phone Number: 1-469-210-7159 Aeeting number (access code): 2551 594 1881 Aeeting Password: cXrpB6seR23 Reefing Link: ittps:llfortworthtexas.webex,com/fortworthtexas/j.php?MTI D-mg 15f5b5a4ac62c3cc8a3a2a1 fa046554 Ws are solicited for furnishing the merchandise, supplies, services andlor equipment as set forth in this solicitation. Completed Bids including ine executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division iy 1:30 P.M.; Thursday May 25, 2023 and then publicly opened and rears aloud around 2:00 P.M. in the Council Chambers. Bids must be ubmitted in a sealed envelope WITH THE BID NUMBER AND BIDDER COMPANY NAME WRITTEN ON THE OUTSIDE OF THE NVELOPE, addressed to the Senior Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME SAMPED PRIOR TO THE 1.30 DEADLINE IN ORDER TO BE CONSIDERED. lids shall be mailed or hand delivered to the following address: ,ity of Fort Worth, Purchasing Division, .ower Level, City Hall, 200 Texas Street, Fart Worth, Texas 761 D2 lids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope BID No. 23-0067 Fuel System Maintenance AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO HE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. .ate bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time rior to the official opening. Bids may not he altered; amended or withdrawn after the official opening. The undersigned agrees, if the bid is ,ccepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications ontained in this document. The period for acceptance of this bid will be 120 calendar days after the bid opening date. (TB 23-0067 Fuel Sytems Maintenance 1 of 34 I'ORT "'ORTH COVER PAGE Event to Page' Invited: EVENT DETAILS CFWGI-23-0067 l Event Round Version Summit To: City of Fort Worth 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITS Fuel Svstems Maintenance 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 05/02/2023 07:00:00 CDT 05/25/2023 13:30:00 CDT J United States Email: FMSPurchasingResponses@fortworthtexas.gov Solicitation Documents: Cover Page Sid Submission Signature Page — Price Submittal"` Part 1 Instructions Part 2 Scope of Services/Specifications Attachment A - Conflict of Interest Disclosure Requirement" Attachment B - Consideration of Location of Bidders Principal Place of Business' Cif applicable) Attachment C - Vendors Contact Information" Attachment D - Draft Vendor Service Agreement, attached as a separate document Attachment E - Locations for Service 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 wilt be grounds for rejection of a bid as non -responsive to the specifications. ITB 23-0067 Fuel Sytems Maintenance 2 of 34 t'OR`F WORTH BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: EVENT DETAILS CFW01-23-0057 2 Event Round Version Submit To: City of Fort Worth 1 i FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB Fuel Svstems Maintenance 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 05/02/2023 07:OD:00 CDT 05/25/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that helshe 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 helshe 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: Stovall Commercial Contractors LLC Company Address: 609 s county rd 810 City, State, Zip: Alvarado, Tx 76009 Vendor Registration No. OD00006901 Printed Name of Officer or Authorized Representative: 'Patrick Howell Title. Estimator/ Operations Mananger �} Signature of Officer or Authorized Representative: Date: 05/1012023 Email Address: Patrick@stovalloommercialcontrartors.corn Phone Number: 817-080-9022 Federal Identification Number (FID): 26-3815137 Will agreement be available for Cooperative Agreement use? Yes'/ No_ prefer to Section 22, Part 1 ] ITB 23-0067 Fuel Sytems Maintenance 3 of 34 tORT WORTH PRICE SUBMITTAL Event Id Page invited: EVENT DETAILS CFW01-23-0067 3 Event Round Version Submit To: City of Fort Worth I I FINANCIAL MANAGEMENT SERVICES Event Dame FINANCE - City Hall Purchasing ITB Fuel Svstems Maintenance 200 Texas St. (Lower Level Rm 1500) Start Time Finish Time Fort Worth TX 76102-6314 05/02/2023 07:00:00 CDT 05/25/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: t Desc iotion: CnV unit llnitPrice Total Fuel System Installation, Maintenance, and Repair Labor, (Regular Business Hours, 2050.00 HR 7:30AM to 530PM, at will, Monday through 75.00 153,750.00 Friday. Line: 2 Description: QtV knit UnnPrice Total Fuel System Installation, Maintenance, and Repair Labor, (Overtime Business Hours, 500.00 HR 5-31 PM to 7:29AM, at will, Monday 75.00 37,500.00 through Friday, and all day weekends and holidays). Total Bid Amount: 191,250.00 Prompt Payment discount Terms: 3 Percent 10 Days (i.e. 3% Net 15, etc.) A bid of "0" will be interpreted by the City as a no -charge (free) item and the City 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 non -responsive and may result in disqualification of this bid_ Items not listed above will be offered at a discount of 12 °ya from Manufacturers List Price ITB 23-0067 Fuel Sytems Maintenance 4of34 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 may discover 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 on the first 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 Solicitation must be requested in writing from the Purchasing Division by the question deadline listed in Section 2.6. 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. 2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED. ALL QUESTIONS MUST BE BY E- MAIL BEFORE THE QUESTION DEADLINE. AND MUST BE IDENTIFIED AS FOLLOWS: 2.2.1 All explanation, clarification or questions must clearly identify the buyer's name and the bid number on the document or on the subject line, if seat by and email. For example: "Attention: Eugene Chandler and Bid No. 23-0167. If the buyer's name and bid number is not included as specified above, the ouestion(s) will NOT be answered. 2.2.2 Delivery of questions by email — FMSPurctt,,sin❑Rescrwnsesrr�#ortwarthteAe .gdv 2.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not received within 9 (one) business day, please contact the City of Fort Worth Purchasing 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, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City's website under the corresponding bid number. {TB 23-0067 fuel Sytems Maintenance 5 of 34 3.0 UNAUTHORIZED COMMUNICATIONS — Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Senior Purchasing Manager, the Business Equity Division, or as otherwise indicated in the ITB is prohibited and may result in disqualification 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 City's consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any orat communications are considered unofficial and non -binding with regard to this ITB. 4.0 PREBID CONFERENCE — 4.1 A pre -bid conference will be held please see Cover Page for the location and for potential bidders who are unable to attend the WebEx details. Failure to attend the pre -bid conference will impact a potential Vendor's ability to submit a fully informed and competitive bid response. 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated, Prices or Percent Markups submitted an other than the forms included in the Solicitation shall be considered non -responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6-0 QUANTITIES - The quantities listed on the price submittal are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay far 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 demonstrate 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 Humber of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. &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. ITS 23-0067 Fuel Svtems Maintenance 6❑f34 $_3.1 The vendor or Shipper is responsible for riling any claims with the delivering carrier for breakage or other lass and for any damage resulting from transportation. 8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and their tender delivery to the City. 8.3.3 Bids offering any other deiivery terms are not acceptable and may be cause for reiection. 9.0 PRICESIPERCENTAGE DISCOUNT or MARKUP 9.7 Bid prices and percentage discount (if applicable) 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 govern. 9.3 Prices shall be offered in the Dollars of the United States of America for 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. 11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID 11.1 All material submitted to the City Becomes public property and is subject to the Texas Open Records Act upon receipt. 1 1.1.1 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 Bidders proprietary information, the Bidder will be notified so that they can submit a fetter to the Texas Attorney General. The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identity proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.O BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 13.0 PAYMENTS 13.1 All payment terms shall be no later than 30 days from the date the City receives a properly prepared invoice that contains no errors. Please see Section 11.0, Part 2 for invoicing requirements_ Prompt/early payment discount(s) may be considered by the City. Bidder shall submit the proposed discount(s) on the "Price Submittal" page. ITS 23-0067 Fuel 5yterns Maintenance 7 of 34 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at litt+ls.//www.fartworthtexas.r71f/depar ment5!fina : e,:;Liu rchasinq/a,,J 14.0 SUBMISSION OF BIDS '14.1 Bid documents: 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 envelope. 14.2 Documents required to be submitted with Bid- Bidders shall submit all the items listed below and utilize the format below to submit their bid prior to the bid submission deadline. 14.2.1 The completed and signed Bid Submission Signature Page; 14.2.2 The completed Price Submittal: 14.2.3 Reference list of a minimum of three (3) current customers (corn parabie in size} who the bidder has recently provided subject services on a continuing basis over a three (3) year. Included in Bidder's Qualification Questionnaire Attachment F. 14.2.4 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid. The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. Included in Bidder's Qualification Questionnaire, Attachment F. 14.2.5 Bidder's background, number of years in bus+Hess. Included in Bidder's Qualification Questionnaire. Attachment F. 14.2.E A detailed performance plan that outlines the rnethod to be used to ensure that the needs of the City will be met. Included in Bidder's Qualification Questionnaire, Attachment F. 14.2.7 A completed and signed original Conflict of Interest Questionnaire, Attachment A_ 14.2.8 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment B, if applicable. 14.2.9 A completed and signed Vendor Contact Information, Attachment C. 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. ITS 23-0067 Fuel 5ytems Maintenanae 8 Y 34 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 clock 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 Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the D.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 other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 1&0 MODIFICATION OR WITHDRAWAL OF BIDS 16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid submission deadline. 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 {ray 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 17.1 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 furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any itern or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an "ail 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. 1TB 23-0067 Fuel 5ytems Maintenance 9 of 34 19.D 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 Waive 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; 19A0 Procure any item by other means; and/or 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 Solicitation. 20.2 Business Equity Division Documents: 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 within two (2) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified 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 purchase/contract will be presented to the City Council. The form may be completed at https r'iwww ethscs.state.tx.uslwhatsnew/elf into form1295.htni 21.0 PROTEST PROCEDURE 21. 1 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. ITB 23-0067 Fuel Syterns Maintenance 10 of 34 21.2 The Vendor must submit any protest in writing to the Senior Purchasing Manager within 14 days after the Vendor knows, or should have known of the facts relating to the proposed action or award. 21.3 The Senior Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail. e-mail or in person meetings with the protesting Vendor. 21.4 After discussions or meetings, the Senior 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, 2-1.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Senior 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 should review the rules for registering to appear before City Council located at: http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's website. 22-0 COOPERATIVE PURCHASING 22 1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in their proposals whether they agree that all terms. conditions, specification, and pricing would apply. 22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental 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 other than the City of Fort Worth shall be billed directly to 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 governmental entity shall order its own material/services as needed. ITB 23-0067 Fuel Sytems Maintenance 11 of 34 PART — 2 SCOPE OF SERVICESISPECIFICATIONS 1,0 SCOPE 1.1 The City of Fort Worth (City) seeks bias to finalize an agreement for Fuel System Maintenance for the Property Management Department on an "as needed" basis. Prospective responding 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 bidders), known hereafter as " Contractor`?:Vendor." 1.2 The quantities listed on the price submittal 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 Agreement shall begin on the date stated in Purchase Order ("Effective Date") and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to four (4) one-year renewal periods (October 1 to September 30), unless City or Vendor provides the other party with notice of non -renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor 1 Vendor. 1.4 Fallowing the award, additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. 1.5 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.6 Any services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 1.7 This agreement will be awarded on an all or none basis. 1.8 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 TENTATIVE SCHEDULE OF EVENTS TASK DATE ITB Release Date May 2, 2023 Pre -Bid Conference May 10, 2023 2:30PM (Local Time) IT8 23-0067 Fuel Sytems Maintenance 12of34 Deadline for Questions Answers Posted ITB Response Due Date AT 1:30 p.m. (Local Time) Recommended Vendor Selection Mayor and Council Consideration Contract Execution May 11, 2023 12:OOPM (Local Time) May 12, 2023 May 18, 2023 May 2023 June 2023 July 2023 30 CHANGE IN COMPANY NAME OIL OWNERSHIP - The Vendor shall notify the City's Senior Purchasing Manager, in writing, of a company 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 name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents fled 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 do so may adversely impact future invoice payments. 4_0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 4.1 The Contractor 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 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 5.0 METHOD OF AWARD 5.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to the City. A responsible bidder is defined as a bidder that! 5.1.1 Meets all the requirements listed in Section 4, Part 2. 5.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 5.2 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non -responsive. 5.3 The following criteria will be used to determine the best value: 5.3.1 Cost of service — up to 35 points 5.3.2 Contractor's Qualifications and Experience — up to 20 points 5.3.3 Availability of resources to provide services (equipment) — up to 15 paints ITB 23-0067 Fuel Sytems Maintenance 13 of 34 5.3.4 Availability of resources to provide services (personnel) — up to 15 points 5.3.5 Contractor's approach to perform services — up to 15 points 5A In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 5.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to matte an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 5.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to 'furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 5.7 The evaluation factors listed above will be applied in a comparative manner to all eligible. responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should. therefore, be submitted on the most favorable terms. 5.8 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 5.9 if Attachment B, Local Preference, is completed by any Bidder, the City will review the Attachment to determine whether Local preference will apply to the award. 6.0 CONTRACTOR RESPONSIBILITIES 8.1 Ccntractor shall install, maintain, repair and/or replace petroleum lubricant and fuel dispensing equipment parts, components and systems. 6.2 Agreement shall include, but not be limited to, the following services: 6.2.1 Cleaning, repairs, replacement, installation requirements and mandates for electricallpetroleum needs of: 6.2.1.1 Gasoline 6.2.1,2 Diesel 6.2.1.3 Diesel emission fluid (REF) 6.2.1.4 Jet Fuel 6.2.1.5 Motor oil 6.2.1.6 Hydraulic oil dispensing equipment 6.2.1.7 Monitoring equipment 37B 23-ao67 Fuel 5yterns Maintenance 14of34 6.2.1.8 Containment Equipment 6.3 When the vendor is offering an item, which will not fully comply with the specification, the item being offered and its deviation from the specification should be clearly described and shall submit detailed specifications of the deviation. Failure to comply may be grounds for disqualification of kid. 6A The vendor must agree to provide Property Management, Fleet Division, Fuel Manager notification in writing of any changes from the manufacturer with full specifications of the substitute. Fleet Manager must approve any and all substitutions. 6.5 Materials and equipment shall meet all national, state, local codes, California Air Resources Board (CARE) certified requirement, National Fire Protection Association (NFPA) requirements and amendments. 6.6 The vendor shall provide Property Management, Fleet Division, Fuel Manager with a preventative maintenance program for the replacement of all internal and/or external filters. Including, but not limited to, calibration, troubleshooting, repair, and replacement of the following: gasoline, diesel, diesel emission fluid (DEF), Jet fuel, motor oil, hydraulic oil dispensing and containment equipment associated with the dispending and monitoring of product. 6 7 All technicians must be certified and/or licensed to perform all electrical/petroleum equipment services for this agreement_ All applicable local, state or federal licenses/certifications must be presented. 6.8 The vendor shall be certified/licensed where required by regulatory or manufacturer for the installation, start-up, calibration, trouble shooting, repair and/or replacement of the listed fuel tank equipment, but not limited to the following. 6.8.1 Ohio Pattern Works (OPW) or Phoenix Software, tank gauging equipment including monitor panels, probes, sensors, wiring, including miscellanies associated parts or electrical power source. fi_8.2 OPW Overfill shutoff components (single and dual point). 6.8.3 ❑ P.W fill/spill containment manhole devices. 6.8.4 Healy Monitoring System- monitors vacuum for stage II vapor recovery, if required. 6.8.5 Red JacketfVeede-root System, including, but not limited to tele-communication and Internet Protocol (I.P) address network to server. Networking system will operate with Pathway Plus, Echelon I.P. Routers, Pro -Links, ST's, RLM 5001. etc. automatic fuel monitoring system. 6.8.6 OPW SOL, phoenix Premier, Smart `talk, Galaxy, OPW-1500, iSite, and Integra (500,100) Tank Monitoring/Management SoftwarelHardware Systems, including, but not limited to software/hardware listed above and telecommunication, I.P. address networking system to server. Networking system operating with O.P.W. System 11, k80D Hybrid, O.P.W. Lantronix- external device servers, ❑igi DialSery internal/external and%or I.P. Routers, Ethernet to Smart Talk, Galaxy, 0PW-1500, iSite, and /or Integra (500,100) w/reconciliation automatic fuel monitoring system, including any upgrades and/or changes O.P.W. deems necessary to enhance fuel management and monitoring systems. 6.8.7 Tokheim/Gasboy mechanical or electronic dispensers pumping units. ITB 23-0067 Fuei 5yterns Maintenance 15of34 6.8.8 Tuthill product -pumping units- 6-8-9 Bennett (electronic) and Wayne Dresser (electronic) product pumping and dispending units. 6-8.10 Graco oil and hydraulic pumping dispensing units, including Graco online meters (G- IM). 6.8.11 Lincoln oil and hydraulic pumping dispensing units. 6.8.12 Ballcrank oil and hydraulic pumping dispensing units- 6.8.13 Allemite Oil pumps. 50 Oil Reels, Oil Guns, ails Guns wlmeter, 50', 70 , Fuel Reels. 6.9 The maintenance contract will consist of. but not restricted to the following electrical, petroleum, cleaning and repair of gasoline, diesel, diesel emission fluid (DEF), jet fuel, motor oil, hydraulic oil dispensing and containment equipment. 6.9.1 Inspection or replacement of all dispenser and pump filters, both internal and external (if applicable). 6.9.2 Inspection and a clean petroleum storage tanks (if applicable)- 6.9.3 Licensed/certified far repair of electrical failure conditions. 6.9.4 Check for proper flow of each dispensers with seal and dates of tests. 6.9.5 List old and new technician calibration numbers. 6.10 This agreement may include a future fuel management and monitoring system. Should a future fuel management andlor monitoring system technician be needed for diagnostics and/or repairs, the awarded vendor shall contact the Property Management Department Fleet Envision, Fuel Manager or his designated representative. The Fuel Manager, or his designated representative. will contact the appropriate party or will allow the awarded contractor to maintain the Cities future fuel management/monitoring system. 6-11 There must be an ID number reported for each technician that will be calibrating/further. All meters must be sealed with a company stamp identifying year, ID number, and technician name. 70 DELIVERY 7.1 Vendor will deliver parts in -stock at time of order placed within 1 (one) day 7.2 Vendor will deliver parts non -stock at time of order placed within 7 (seven) days. 7.3 Vendor will respond to request for service within one hour of call during regular wort: hours Monday through Friday 7:30am to 5:30pm. 7.4 Vendor will respond to emergency request within one hour of call during after hours, Monday through Friday 5:31pm to 7.29am, and all day on weekends and holidays. 7.5 City of Fart Worth recognized holidays are as follows: 7.5.1 New Year's Day iT8 23-0057 Fuel Sytems Maintenance 16 of 34 7.5.2 Martin Luther King Clay 7.5.3 Memorial Bay 7.5.A Juneteenth 7.5.5 July 4 7.5.5 Labor Bay 7.5.7 Thanksgiving Thursday and the following Friday 7.5.8 Christmas 8.0 BRAND NAME OR EQUAL 8.1 Any manufacturer's names, trade names, brand names information, andlor catalog numbers listed in this specification are for information and not intended to limit competition unless otherwise indicated. Bidders may offer any brand for which he/she is an autt orized representative, which meets or exceeds the bid specification for any items) listed herein. If bids are based on equivalent products, indicate on the price submittal the manufacturer's product name and reference number. 8.2 Vendors shall submit proposals, cuts, sketches, and descriptive literature, andlor complete specifications. Bidders shall explain the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids which do not comply with these requirements are subject to rejection. Bids lacking any written indication of intent to bid an alternate brand will be received and considered incomplete. 8.3 The Senior Purchasing Manager or designee will evaluate `equal" product on the basis of information furnished by the Vendor or identified in the bid and reasonably available to the Senior Purchasing Manager. The Senior Purchasing Manager or designee is not responsible for locating or obtaining any information not identified in the order. 8.4 Unless the bidder clearly indicates in its bid that the product being offered is an "equal" product the bidder shall provide the brand name product referenced in the bid. 8.5 The City shall have the sole right to determine equal products. 9.+3 WARRANTY 9.1 All parts installed under this contract shall carry a minimum allowable manufacturer warranty period of at least one year. Warranties shall be effective on the date the parts are accepted by the City. 9.2 Vendor shall provide a labor warranty of at least one year. 9.3 No repair or service work provided on any existing equipment shall void the existing warranty on the equipment. ITB 23-0067 Fuel Syterns Maintenance 17of34 9A Contractor warrants and guarantees that all items shall be in good working order from the time items are placed into service. Items shall be free of defects by design, materials, and workmanship for a period of not less than two years. Should equipment tail during the warranty period, it shall be repaired/replaced at no expense to the City. 10,0 LAWS. REGULATIONS, AND ORDINANCES 10.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations: and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Vendor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 11.0 INVOICING REQUIREMENTS 11.1 The City of Fort Worth has Begun implementing an automated invoicing system. 11.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: suppiierinvoices(a fortworthtexas.ficiv.. This email address is not monitored s❑ please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 11.3 Please include the following on the subject fine of your e-mail_ vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._12345E_FN013- 0000001234) 11.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: 11 AA All invoices must be either a PDF or TIFF format. 11 A 2 Image quality must be at least 300 DPI (dots per inch) '11.4.3 Invoices must be sent as an attachment (i.e. no invoice in the body of the email). 1 1. A One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. 11.4.5 Please do not send handwritten invoices or invoices that contain handwritten notes. 11.4.E Dot matrix invoice format is not accepted_ 11.4.7 The invoice must contain the following information: ITB 23-0067 Fuel Sytems Maintenance 18of34 11 A.7.1 Supplier Name and Address; 11 A.7.2 Remit to Supplier Name and Address, if different; 11 A.7.3 Applicable City Department business unit# (i.e. FWQ13) 11.4.7.4 Complete City of Fort Worth Pa number (i.e. the P❑ number must contain all preceding zeros); 11 A.7.5 Invoice number; 11.4,7.6 Invoice date: and 11.4.8 invoices sInouid be submitted after delivery of the goods or services 11,5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to s�uQplierinvoicesrr�`i fort�vgrthtexas oov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ Flip AccouritsPayablec iartworthtexas. ov. 11.6 If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for Faster processing. 11.7 If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 The City's goal is to receive 100% of invoices electronicaiIy so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractors support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392- 2451 ar by email to ZZ FIN Ac:coun�=Pavabl�tr�frartworthtexG ��. 1 1.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 12.0 UNIT PRICE ADJUSTMENT 12.1 Vendor may request a Price Adjustment based on Price Adjustment Verification up to one time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or downward, from the established contract price that is supported by demonstrated Price Adjustment Justification. A request for a Price Adjustment must be initiated by the Vendor. Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the sole discretion of the City to determine whether an adjustment is necessary and/or acceptable. ITS 23-0087 Fuel 5ytems Maintenance 19 of 34 12.2 Quarterly means the City's Fiscal year quarters, being each of the three (3) month periods the first of which begins October 1 _ Quarter (Q) 1: October 1 — December 31; Q2: Jan 1 — March 31; Q3P- April 1 — .tune 30; 04: July 1 — September 30. 12.3 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 economic conditions on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. 12-4 The Vendor must submit its Price Adjustment request, in writing, at least 60 days before the effective period (1st day of a new quarter). The Vendor must provide all Price Adjustment Justification, as defined above, at the time of its request for a Price Adjustment. 12 5 If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price Adjustment 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 elects not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 12.6 Prices offered shall be used for bid analysis and for Agreement pricing- In cases of errors in extensions or totals, the unit prices offered will govern. 12.7 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement 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 rates)- Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 12.8 Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day prior written notice to the Senior Purchasing Manager. 12.9 Only Published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence- 13.0 PERFORMANCE - i aiIure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement small not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 14.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without written permission from the City. 15-0 HAZARDOUS CONDITIONS 15.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property - ITS 23-0067 Fuel Sytems Maintenance 20 of 34 15.2 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 materials, the Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 16.0 CONTRACT ADMINISTRATION AND TERMINATION 16.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her 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. 16.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the Senior Purchasing Manager who will take appropriate action to cure the performance problem{s), which could include cancellation, termination for convenience or default. If the agreement is terminated for default, the Vendor may be held liable for excess cost andlor liquidated damages. 16.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 16.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and al! of its suppliers and subVendors to cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 17.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 17.1 If the Federal award meets the definition of "funding eCFR -- Code of Federal Regulations agreement" under 37 CFR §441.2 (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 performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." and any implementing regulations issued by the awarding agency. 18.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 18.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 LI.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 1T6 23-0067 Fuel Sytems Maintenance 21 of 34 19.0 DEBARMENT AND SUSPENSION 19.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the 0M8 guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Camp., p_ 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive ❑rder 12549. 20.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 13521 20.1 Firms that apply or bid for an award exceeding $100,000,00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting 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 UJ S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 20.2 Bidders shall provide proof of Byrd Anti -Lobbying Amendment certification filings with their bid, if the bid exceeds $100,000.00, 21.0 NO BOYCOTT OF ISRAEL 21 A if Vendor has fewer than 10 employees or this Agreement is for less than $100,000. this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement. 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 Agreement_ 22.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 22.1 Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.S. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of S100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more fuli- 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 IT13 23-0067 Fuel 5ytems Maintenance 22 of 34 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. 23.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES 211 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," "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. 24.0 RIGHT TO AUDIT 24.1 Vendor agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent gooks, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. ire 23-0067 Fuel Sytems Maintenance 23 of 34 ATTACHMENT • A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity {i.e. The City of Fort Worth} must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be 'filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals of bids, correspondence, or another writing related to potential agreement with the City. updated Questionnaires must be filed in conformance with Chapter 176 A copy of the Questionnaires Form CIO is enclosed with submittal documents. The farm is also available at http://www.eth-ics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel_ Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor, NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Contractor name in the # 1, use NIA in each of the areas on the form. However. a signature is required in the #7 box in all cases. ITS 23-0067 Fuei 5ytems Maintenance 24 of 34 CERTIFICATE OF: INTERESTED PARTIES FORM 1295 1 0f 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5. and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1018309 STOVALL COMMERCIAL CONTRACTORS LLC ALVARADO, TX United States date Filed. 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/1012023 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract, 23-0067 Fuel System Maintenanc 23-0067 Fuel System Maintenance 4 Name of Interested Party 5 Check only if there is NO Interested Party. 6 LINSWORN DECLARATION My name is Diann Howell 0 City, State, Country (place of business) My address is 609 S CTY ROAD 810 ALVARADO TEXAS , (street) (dry) I declare under penalty of perjury that the foregoing is true and correct. Johnson Texas Executed in County, State of Nature of interest (check applicable) Controlling Intermediary and my data of birth is 11 /02/1971 76009 (state) (zip code) (country) on the 23rd day of MAY 20 23 (month) (year) rifAJ i�- 5ignature o4auorizefage ntof contracting business entity f Declarant] Forms provided by Texas Ethics Commission mvw.ethics.state.tx.Lis Version V3.5.1.7bd706d4 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business Min local governmental tabby FORM CIO This Questionnaire roMets changes made to ate lair by Ka. 22, &tth Log., Regular Session- OFFICELISEONLY fis aTr_--Tcnnzira c ae+r?g filed fn a.-�rcanee w li F Crrapler 176. L[+f.?mmcrt Gx> . ay a has a business reiati:nship as bafrned by 5ecacn 7:6.OG'11-w A0h a t� aor: rnmoira an:i:y and the vends; me-ot1 mqu;rmer-l; uracsw for 176_30e12l_ !?y L-& r. t guesuonraka rwi oe %Gd wM she rowres adminisuzar of the lomJ aver. rrentar envy nct la"er irzri to -[r business G?y arSt:r CIA da:o the venocf becomes avwr- .21 fens dial i,&Wt 5 me s:=mem IC be fry Sac 5amon 176.OnMa-1 i. Loral Govemmont Coca. A vendor cornmas ar, clettse i3 >; a veol3 4;-mingn ociales Sein& i s.oG6. Lorar CoWemmsrrt Code.Ar 7f arm ..-er Tn mAlin a a m sdemaaror. ?1 HnmF ofvendorwho has a business relationship with Focal governmental entity_ J ❑ Chea this box if you am fsTing an updale to a prey iousfy €'tie d questionnaire. -he law requires t" at you fie an updated compier.ea questionnaire wirh the avpropri�rce -;iia aGt-_*iiy !-c: nt=-, -i .,ie 7th t]usiness day a-ar the Sale an which you became aware that the or4nally -,IBC a_as- iionrar-F .vaa; ,. cric,a'_a a* 11S=u,.Se.: J Hance of kxW 9overnmat atficer about whomthe information is beino disclosed. N3-ne of Off -Mr J CIL=ibe earli amployn*nt or other busiwss relationship with the Iocal gojotnment offiepr; or a ramify nwmber of the orfi`^.Eer. as described by Section 1 T&OD3(a) (2)(A) . A]so describe arty f3m4 mlaionship with the local government o icer. Complete subparts Aand B for each omploymnm or busiriass mlotlonstvp described. Attach additional patios to this Form CIO as nacessury. A. is :ne ill ,oirerrrr,ent offr_ar or a family -hamber cI the officer recearine or ikey tc-eea;ve taxab&a income. L"ther than igvzsunara i'ir*m--. Tom the verdor' ElYes E-1 tia 8, Is the venom f receiving sr rika:y tc• raide taxa s ricoma, abler *hart rwostment ira3ma. r ✓m c r at the diraction of ire local gcvernrnam offio-rr or a lamZy m3mhar cf:nce •: fise-ANi7 `he taxable income is no: receivvad frrrn he local gssverrimental er wl" Yes 71 r.o J One scribe each employment or business relationship that the vendor named in Section I maintains with a corpwrauon or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. J ❑Chccx ;nil ocx it 04 vardar liar given the IL2aI g vemment after or a famiy rne.mba- of the cifil car one or mare gift as descrq)ed in Section 176.MS;V(2)tBi, exchldipo gifts desrribea :n Section 176.003[a-1 ). J ziraarre Cd V C-r ocr doing MGness mrir. er, .WY 09;5 Form provic-,4by Texas Ethic--Ccmrnissicp .ettticsstats_�r_us 1TB 23-O067 Fuel 5ytems Maintenance 25 of 34 CONFLICT OF INTEREST ❑UESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may De found athttp Www.statutEs.!egis.sfate.tx.us' Docs,' LG+ htinfLa 176.hitm. For easy reference. below are some of the .sections cited or. itds form. Local Go►remment Code & 176.001f l-ai: "Business reAnonship- means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: I A) a transaction that is subject to rate or fee regulation by a `ederat, state, or local govemrnental entity or an agency of a fedsra). state, or local governmental antity: (B) a iransacdcn conducted ai a price and subject to terms avatlaWe to the pubr�c, or !C) a purchase or lease cf goads or services torn a person that is chartered by = state or fells ra I agency and that is subject to reaular examination by, and reporting to. ma; agency - Local G overnment Code & 176.003f alf 2UA] and { B}; a, A local government officer she] I fi le a confi lots disclosure statement w iti , respect to a vencor ii; i 27 _t-re ver:dar_ iAi has an employment or other business relationship With the local government officer or a family member of the officer that results in the officer or famiy member recelvsng taxable income. other than investmert income, that exceads $2.500 during the 12-mentli pared preaedirrg the date that tyre oifioer becomes aware that (i, a contract between the local govemmenmi entity and vendor has been execuied: or (is' the loot oovernmental entity is considering en'enng imo a contract wfzh the vendor. S) has given to to local government officer or a (amity member of tl-- officer one or more g;,!s that have an aggregate value of more than 5100 in the 12-month period orecedino the date the office becorr:es aware that: r•i� a contract between the local governmental entity and vendor nas been executed: or (ii? the loca: clovemmenta) an* is considerno entering into a -contract with the vendor. Loca I Gove rnmen-t Code & 176.006(a) and fa-11 ,a; Avendor shall file acompleted ccnflict of interestquestianr.sire if the vendor has a business relationship wit* a local governmental entity and: (1) Nas an employment or other business reiarionsnip with a local government officer of that local governmental entry, or a family member of the officer, described by Section 176.003(a)(2)iA)-. f2b has giver, a iocal goverment officer of that lwal governmental entity. Ora family member ❑f VIE officer, one or morn g+ftswith the aggregate value specified by Section 176.00a(a)(21(8 j, excludino any gift described by Section 'l76.G=a- Irr or (3) has a famiy relationship with a local government officer of that local government=_' entity. ,a-1) The cornoletedconflict of interest questionnaire must be niea with the aporoonate records administrator not latertf-an the seventh business day after tne later of: (1) tree date mat the vendor IA) begins discussions or negotiarions to enter into a contract with Lhe local gmemmenial entq: or (B) submits to the local gavernmerntal entity an wplicabon. response to a request fGr proposals or bids. correspondence. or another wftrrg raiated zo a potential cont.*ac? with me local governmental entity; or 0 t,`te date the vercor becomes aware: (Al of an employment o: other lousiness relaaonsntp with a local government officer. or a family member of the officer, descnbed by Subsection i3): (Bl that rrievendor has given one or more gifts described by Subsection ta); or i C y of a family relationship wrm a local government doer. Farm rvovsded by TExas En)kz Cw-r swr- nWA,a- it- iCS 5tatr'.Lt. U5 ITB 23-0067 Fuel Sytems Maintenance 26 of 34 ATTACHMENT — B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 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 within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services 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 must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort 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. Locationaf Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? If yes, identify address: No b What percentage of estimated gross company sales (worldwide) are safes originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident -employees? 4 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 Fort 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. Stovall Commercial Contractors LLC (Company Name) 1 (Sign ure) 5-23-2023 (Date) Patrick Howell (Printed Name and Title) 1TB 23-0057 Fuel 5ytems Maintenance 27 of 34 ATTACHMENT C -- VENDOR CONTACT INFORMATION Vendor's Name: Stovall Commercial Contrac[Lrs Vendor's Local Address: 609 s Cty rd 810 Alvarado Texas 76009 Phone- 817-450-9022 Fax: Email: patrickastovallcommercialcontraetors.com Name of persons to contact when requesting services or billing questions: NameMtle Patrick Howell / Project Manager 817-480-9022 Phone: Fax: Email: patrick@stovalicommerCiafcantractors.com Name/Title Diann Howell 1 Managing Member Phone, 817-4aa-9463 Fax: Email: pdh@stovallcommercialcontractors.com Name/Title Diann Howell IAccounts Payable -Receivable Phone: 817-480-9463 Fax: Email: odhr&stovaIlcommercialccntractors.com Will your company accept P-card payments? yes ✓ no (]e� Diann Hov/ell i�nature Printed Name date May 23 2023 ITB 23-0067 Fuel 5ytems Maintenance 28 of 34 ATTACHMENT D --DRAFT VENDOR SERVICE AGREEMENT The draft service agreement is attached as a separate document. 1T8 23-0067 Fuel Sytems Maintenance 29 of 34 ATTACHMENT E — LOCATIONS FOR SERVICE EOUIPMENT SERVICES ❑!VISION FACILITIES : James Avenue Service Center Tire Service Center (Bolt St) j Brennan Service Center Southside Service Center Southeast Service Center Water Service Center North Service Center 5089 Harley Avenue 2950 W Bolt Street 2500 Brennan Street 4100 Columbus Trail 5000 Martin Luther ling Fwy 2201/2222 W Daggett Street 301 Hillshire Drive ADDITIONAL LOCATIONS FIRE DEPARTMENT: Fire Station no,1 120 N. Pecan, 76102 Fire Station no. 2 1000 Cherry Street, 76102 Fire Station no. 3 4700 Ramey, 75119 Fire Station no. 4 2954 Old Mansfield Rd., 76119 Fire Station no. 5 850 Irma Street, 76104 Fire Station no. 6 205 University Drive, 76107 Fire Station no. 7 925 Morrison Drive, 76112 Fire Station no. 8 1101 12`' Avenue, 76104 f Fire Station no. 9 2575 Polaris, 76137 Fire Station no. 10 3209 Hemphill Street, 76110 Fire Station no. 11 1900 Texas Drive, 76247 Fire Station no.12 120 N.W. 22Id Street, 76106 Fire Station no. 13 5333 Lea Crest Lane, 76135 Fire Station no. 14 2737 Meadowbrook Drive, 76103 Fire Station no.15 3100 Azle Avenue, 76106 + Fire Station no. 15 5933 Geddes Ave., 76107 Fire Station no.17 5151 Hemphill Street, 76115 Fire Station no.18 1908 Carleton, 76107 Fire Station no. 19 2613 Carnation Avenue, 76111 Fire Station no. 20 901 Woodhaven Blvd., 76103 Fire Station no. 21 3501 South Hills Avenue, 76109 Fire Station no. 22 4849 Wilbarger Street, 76109 Fire Station no. 23 3201 Par -tales, 76116 j Fire Station no. 24 3101 Forest Avenue, 76112 Fire Station no. 25 3801 N. Main Street, 76106 Fire Station no. 26 61245outh Hulen Street, 76106 Fire Station no. 27 2940 Precinct Line Road, 76118 Fire Station no. 28 1300 Everman Pkwy., 76140 Fire Station no. 29 6400 Westcreek, 76133 4 Fire Station no. 30 4416 Southwest Blvd., 76116 Fire Station na. 31 4209 Longstraw Drive, 76137 Fire Station no. 32 10201 White Settlement Road, 76108 Fire Station no. 33 14650 Statier Blvd., 76155 Fire Station no. 34 14101 Sendera Ranch Blvd., 76052 Fire Station no. 35 2201 Flight Line Road, 76177 11.29.2022c ITB 23-0067 Fuel 5ytems Maintenance 30 of 34 Fire Station no.36 I Fire Station no. 37 Fire Station no. 38 Fire Station no. 39 Fire Station no. 40 Fire Station no. 41 Fire Station no. 42 Fire Station no. 43 Fire Station no. 44 Fire Station no. 45 5045 Columbus Trail 76133 4721 E. Ray White Load, 76248 13280 Park Vista Blvd, 76117 7655 Oakmont Blvd., 76132 8510 Spring Street, 76179 11400 Willow Springs Road, 76052 450 E Rendon Crowley Road, 76028 13330 Highland Hills, 76008 4017 Falcon Way W, 76106 19014uaiI Grove Drive, 76177 PARK and RECREATION: Northside Service Center 1700 Brennan, 76106 Rockwood Service Center 1851 Jacksboro Hwy., 76114 South District 5201 James Avenue, 76115 Pecan Valley Golf 6899 Lakeside Drive, 76126 Meadowbrook Golf 1815 Jenson Road, 76112 Sycamore Creek Golf 401 Martin Luther King Fwy, 76104 Forestry 2525 Joe B Rushing Road, 76119 East District 2300 Avenue H, 76105 West District 7151 Calmont Avenue. 76115 POLICE : Police Heliport Police Heliport Ponce Auto Pound AVIATION: Meacham Field SpinksAir Port GENERAL SERVICES: City Hall Service Building ELECTRONICS. Communications Radio Site Nixon Street. 76102 310 Gultstrearn Road, 76106 2500 Brennan Street, 76106 4201 N. Main Street, 70106 13725 Stone Road, 76028 PUBLIC EVENTS Fort Worth Convention Center Will Rogers 1000 Throc kmorton Street, 76102 14100 Columbus Trail, 76133 1 1111 Houston Street, 76102 3300 Harley Street, 76107 11.29.2022c ifs 23-0067 Fuei 5ytems Maintenance 31 of 34 ATTACHMENT F — VENDOR QUALIFICATION QUESTIONNAIRE 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 long as each response is labeled according to the question. 2008 1. Date your company was established? 2. How many years has your organization been in business under its present name? 15 a. List any former names your organization has operated under and the tirneframe(s) 3. List three (3) other organizations your company has provided similar services to in the last three (3) years. Use additional sheets if necessary. Dallas County Tarrant County _City of Grand Prairie Carrollton-Farmrs Branch ISD Plano ISO Midlothian ISD City of Crowiey City Farmers Branch 4. Is your company able to respond to a normal request for services (Mon -Fri 7:30AM to 5:33PM) within one (1) hour? Yes 5, If no, within what time can you respond & Can your company provide emergency services (5:31 pm to 7:29am Mon -Fri and all day weekends and holidays) within one hour of receiving request for service? Yes 7. If no, within what timefra me can your corn pany provide emergency services? 8. On a separate sheet(s) provide a list of the equipment your company can utilize to provide services. See separate attachement 9. On a separate sheets) describe your company's performance plan and methodology to ensure that the needs of the City are met. Include total number of company employees, the key personnel who will be performing services and all licenses and certifications related to the scope of work that they hold. Must include old and new technician calibration I❑ numbers. Bidder shall also include services they provide to their employees (PPE, drug and atcohol testing, etc.) (Continued Next Page) Attached ITB 23-O067 Fuel Syterns Maintenance 32 of 34 11. Please indicate with Yes or No whether your company can provide repair/replacement services for the following items: 1 Nose assemblies 2 Nozzle assemblies 3 Breakaway valves 4 Line leak detectors 5 Dispenser shear valves 6 Submergible pump assemblies 7 Dispenser/pump start/stop operation j 8 Detection and repair of all product leaks throughout product delivery system 9 Comprehensive fuel/electrical repair capability 10 Replacement parts will interface with all Present City equipment w VackNo No No No No No No No !No le No ITS 23-0067 Fuel 5ytems Maintenanc6 33 or 34 ATTACHMENT G DOCUhicly v ►-k1))DN CHECKLIST Refer to Part 1, Section 14.2 for more information on the below required documents. Reauired D rnen Document Attached? Page Numbgr(s) of Uj�LResponse Yes/No `Bidder will need to number their bid response in ink* A completed and signed Bid Submission Signature Page A completed Price Submittal Attachment A - Conflict of Interest Yes Attached Yes Attached Questionnaire + Yes Attached Attachment B - A completed Consideration of Location of Bidder's Principal Place of Business (if Yes Attached applicable) Attachment C - A completed and signed Attached iVendor Contact Information yes Attachment F -A completed Vendor's yes Attached Qualification Questionnaire Any addendums sent out afterthe 'release of the bid yes First page Scanned Copy of all required Yes Separate USB Drive with documents Included ITB 23-0067 Fuei Sytems Maintenance 34 of 34 Stovall Commercial Contractors LLC P.O. Box 642 609 S. County Road 810 Alvarado Texas (817) 480-9022 PATR I C K @ STO VA LLCO M M E R C IA LCO NT RACTO RS. CO M UST-CR# 0000187 / TECL#35472 www.stovallcommercial.com Wednesday, May 24, 2023 Attachment "F" Page 32 item #8 • Service Work Trucks complete with all hand tools, pipe wrenches. • Wire Pullers. ° Electrical Benders. • Meters, Phase Rotating Meter. • Pipe threading machine. • ❑PW Flex Pipe Crimping Machine. • Jack Hammer. ° Calibration Can. • Water Pump, with totes to hold i ; ;. -6,. transportation. 10,000 lbs. Mini Excavator. ° Utility Tractor with Forks, bucket, auger, box blade. * G-. 4 Q:,, ;IdI. Trailer. • Flatbed Trailer. • 2 Enclosed Trailers. Tank cleaning/fuel purification equipment. Page 35 5 rAZ'+_ OF TEXAS PATRICK BLANE HOWEL.L MASTER ELECTRr—M ll"f Fr LMEMSE MUMWP Sd27t$ EXPIRES 07'DSr= TUXAN ONEPWb/!7'rl"iWr OF tACiAI' IiE: Adltd wtaus,A7$ON LwTexas., TEXAS COMMISSION ON ENVIRONMFNI-AL QUALITY l•r. l"�k I�) Be it known that STOVALL COMMERCIAL CONTRACTORS LLC has fu.!itled'the requirements to accorrda' face with the Cams of the State of Texas fir License .Number; CR0000187 Issue Date: 04/29/2021 Expiration Date, 04/30/2024 UST CONTRACTOR 7:r+°c'trtive 23ire['�ur jo,fo ('orrrruussior: ore EmpIromnell Of'Quu(ify LM FRI L Texas TEXAS COMMISSION ON ENVIRONMENTAL CIJAUTY PA TRICK B HO'VITL L Is hereby licensed as an UST ON -SITE SUPERVISOR License Number Class Li 5000 4L SIGNA1LJRE Expires 1539 /-05/31/2024 EXECLM VE DIREC70R THIS CERTIFICATE IS ISSUED IN RECOGNITION THA Patrick Howell HAS SATISFACTORILY COMPLETED SiteSentinel° ISiteTM & Integra TM 100 Technical Traii (Installation, Configuration & Troubleshooting) Note: Does not include Line Leak or ACR certification. Mar 29, 2022 ISSUE DATE :a a P W ' UNIVERSITY TECH NUMBER �®: =_ U Ma C311 P oars SN]S CEITV] CA It IS ISSIU IN 4FC OCN]TISN TRAT e GLI I .M 0 t4r%YCII d U SA i 3FAC TOM LT :614PLF TIV SiteSentinel" iSite`TM a Integra— 1 EN] TecnniCai Traim'np Course (Ire mm"m, WM y T.mmn lrw Agar 29. 2Q2 ``UiFle s TY ` � v ow' 11 4 FUELING SOLUTIONS RECOGNIZES THAT Patrick Howell Stovall Commercial Contractor HAS SUCCESSFULLY COMPLETED WAYNE SELECT ELECTRONIC FLEET DISPENSER 503 on 12-02-2022 Tech ID: LMS23� 4 This Certification Expifes on 12--01-2024 mmo FUELING SOLUTIONS RECOGNIZES THAT Patrick Howell Stovall Commercial Contractor HAS SUCCESSFULLY COMPLETED PCI PA-DSS on 03-29-2023 Tech ID: LMS235 74 This Certification Expires on: 03-28-2024 simply miter Attn: Patrick Howell Stovall Commercial Contractors LIc Subject: Technician Certification Dear Patrick Howell, February 16, 2022 Congratulations on successfully completing the Bennett Pump Pacific and 3006 Series Service Course and welcome to the Bennett Pump Service Team! This certification number, along with your signed Bennett Pump Service Contract authorizes you to diagnose and troubleshoot the equipment mentioned above. As a reminder, this certification does not supersede any local, state, or otherwise governing regulations required to safely and legally perform work in your territory. Below is a wallet -sized Certification Card which displays your technician certification number. Please keep this availble for reference. Your Technician Number must be included when submitting Warranty Claims, Site Commissioning Forms, and Audit Reports. Sincerely, Josh Neeley Regional Service Representative 210-974-8523 ineeley@bennettpump.com Certified Bennea Technician Tech,: 24-16-05-WEE Customer#' 6778 sdmMyb:r:e: Name: Patrick Nowell Company: Stovall Commercial Contractors U Equipment: Pacific (819) and 3000 (719) Date Issued• 2/16/2022 Technical support 800- 23-6638 Bennett Pump Company Service Training Course Certiicate of Achievement Patrick Howell of Stovall Commercial Contractors Llc has successfully completed the Service Instruction Program on Pacific and 3000 Series Dispensers Offered by Bennett Pump Company Technical Services on February 16, 2022 -a.�� lTawIv i/8m! Insn Stovall Commercial Contractors LLC BUSINESS PLAN Prepared by: Patrick and Diann HOweO 609 S County Road 810 Alvarado, Texas 76009 817-480-9022 PAIR I CK @ STO VAL LCO MM E RCIA LCO N TRACTO R S. CO M STO VA LL CO MM E RCSAL, COM 3. EXECUTIVE SUMMARY Stovall Commercial Contractors LLC (referred to from hereon in as the "Company" vas established as a Limited Liability Company at 609 5 County Road 810, Alvarado, Texas 76009 with the expectation of rapid expansion in the fuel 1 electrical contractors industry. Business Description The Company was formed on 09l01112008 as Limited Liability Company under Texas state laws and headed by Patrick and Diann Howell. Diann Howell has 35 years experience assisting run and operate her dads family owned business in the Fuel 1 Electrical industry. Patrick Howell has been in electrical service, and construction for the past 26 years. Currently hold a Masters Electrical License, and is also Licensed with Class A Installer with Texas Commission Environmental Quality. He is fluent in control wiring of fueling systems, and monitoring systems. Patrick excels with problem solving, and has an excellent team of employees that will do what is needed to complete any task, He has been trained by some of the best in the industry throughout his career. We Branched off from a 50 year old family owned and operated business with the help from my Dad. We have successfully made it our own by using the same structure and work ethic as my Dad and Uncles had when they started working in this industry in 1968.. The Company currently employs 9 full-time employees. New Service The Company is prepared to introduce the following service to the market: FuellElectrical Service as well as commercial & industrial electrical contracting. SCC can start from scratch on any project and design virtually any type of fueling system as well as team up with architects and engineers. We can then build a price whether it is for an RFP or budgetary purposes_ As soon as this is completed, we will make it a fully operational system with the help of our excellent employees. II. BUSINESS SUMMARY Business Gnats and Objectives Short Term, To increase bid opportunities by obtaining a SSE and a women -owned certification. Long Term; Increase the total income by 10% over the next two years. Reduce production expenses by 5% over the next three years. Legal Issues The Company affirms that its promoters have acquired all legally required trademarks and patents. Ill. MARKETING SUMMARY Target Markets The Company's major target markets are as follows: Public Entities Pricing Strategy The Company has completed a thorough analysis of its competitors' pricing. Keeping in mind our competition's pricing and the costs of customer acquisition, we have decided on the following pricing strategy: Manufacture list price with a discount Competition In the fuel I electrical contractors industry, customers make choices based upoll The level of competition is Electrical Contractors is highly competitive with so many in this field. Fuel electrical Contractors does not have as much competition. The primary competitors for the business are the following: Other contracting firms. Being both fuel & electrical contractors gives us an advantage in dealing with clients who prefer a turn key project. Being a Fuel 1 Electrical contractor, our employee's are experienced in both fietds. Services First-rate service is intended to be the focus of the Company and a cornerstone of the brand's success. All clients will receive conscientious, one-on-one, timely service in all capacities, be they transactions, conflicts or complaints. This is expected to create a loyal following and return business. City Secretary Contract No. EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY FORM STOVALL COMMERICAL CONTRACTORS, LLC 609 S COUNTRY RD 810 ALVARADO, TX 76009 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. Name: Position: Signature 2. Name: Position: Signature Name: Position: Signature �1-4 Signature of President / CEO Other Title: Managing Member Date: 08/11/2023 Vendor Services Agreement Stovall Commercial Contractors, LLC 8/17/23, 2:55 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 8/8/2023 REFERENCE NO.. CODE: P TYPE: Official site of the City of Fort Worth, Texas FORT WORTH **M&C 23- LOG NAME: 13P 23-0067 FUEL 0618 SYSTEMS MAINTENANCE CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Agreement with Stovall Commercial Contractors, L.L.C. for Fuel Systems Maintenance for the Property Management Department in an Annual Amount Up to $350,000.00 and Authorize Four Automatic Renewals for the Same Annual Amount RECOMMENDATION: It is recommended that the City Council authorize execution of an agreement with Stovall Commercial Contractor's, LLC. for fuel systems maintenance for the Property Management Department in an annual amount up to $350,000.00 and authorize four automatic renewals for the same annual amount. DISCUSSION: The Property Management Department approached the Purchasing Division to finalize an agreement for fuel systems maintenance. In order to procure these items, Purchasing issued Invitation to Bid (ITB) No. 23-0067 describing the services needed by the Property Management Department. These services will be used for repair, replacement, and preventative maintenance of fuel storage and dispensing systems. The bid was advertised in the Fort Worth Star -Telegram for four (4) consecutive Wednesdays: May 3, 2023, May 10, 2023, May 17, 2023 and May 24, 2023. The bid was opened on May 25, 2023. The City received two (2) responses. An evaluation panel comprised of members of the Property Management Department and the Fire Department reviewed and scored the submittals using the Best Value criteria. The scores were averaged for each of the criteria and the final scores are listed in the table below. Proposer Evaluation Factors a b c d e Total Rank Stovall Commercial 14.00 9.50 8.50 11.00 35.00 78.00 1 Contractors, LLC D&H United Fueling 10.00 6.50 8.50 7.00 34.00 66.00 2 Solutions, Inc. Best Value Criteria: a) Qualifications and Experience b) Resources (Equipment) c) Resources (Personnel Available) d) Approach to Performing Services e) Cost of Services After evaluation, the panel concluded that Stovall Commercial Contractors, L.L.C. presents the best value for the City. Therefore, the panel recommends that Council authorize an agreement with Stovall Commercial Contractors, L.L.C. Staff certifies that the recommended vendor's bid met specifications. apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31245&counciIdate=8/8/2023 1 /2 8/17/23, 2:55 PM M&C Review FUNDING: The maximum amount allowed under this agreement will be $350,000.00.00; however, the actual amount used will be based on the need of the department and available budget. Funding is budgeted in the Property Management Departments' Fleet & Equipment Service Fund. DVIN-BE - A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire on September 30, 2023. RENEWAL TERMS: This agreement may be automatically renewed for up to four (4) additional one- year terms. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Fleet & Equipment Sery Fund. Prior to an expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity ID ID FROM Fund Department Account Project ID ID Submitted for Citv Manaaer's Office bw Originating Department Head: Additional Information Contact: ATTACHMENTS Program I Activity Budget Reference # Amount Year (Chartfield 2) Budget Reference # Amount Year (Chartfield 2) Dana Burghdoff (8018) Reginald Zeno (8517) Reginald Zeno (8517) Steve Cooke (5134) Jo Gunn (8525) Eugene Chandler (2057) 1295 Certificate 101046320 3 (1).pdf (CFW Internal) 13P23-0067 FUEL SYSTEMS MAINTENANCE funds availabilitv.pdf (Public) Copv of FID TABLE for Fuel Svstems Maintenance - DH.xlsx (CFW Internal) SAM Search Stovall.pdf (CFW Internal) Waiver.pdf (CFW Internal) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31245&counciIdate=8/8/2023 2/2