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HomeMy WebLinkAboutContract 56630-R2CSC No. 56630-R2 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE September 12, 2023 Firehouse Hydrostat Services LLC Attn: Scott Evans, CEO 200 Hillside Ln Lindsay, TX 76250 Re: Contract Renewal Notice Contract No. CSC No. 56630 (the "Contract") Renewal Term No. 2: November 09, 2023 to November 08, 2024 The above referenced Contract with the City of Fort Worth expires on November 8, 2023 (the "Expiration Date"). Pursuant to the Contract, contract renewals are at the sole option of the City. This letter is to inform you that the City is exercising its right to renew the Contract for an additional one (1) year period, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. Please return this signed acknowledgement letter, along with a copy of your current insurance certificate, to the address set forth below, acknowledging receipt of the Contract Renewal Notice. Failure to provide a signed acknowledgment does not affect the renewal. Please log onto PeopleSoft Purchasing at httn://fortworthtexas.eov/purchasing to ensure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Katva Flores Sr. Admin Assistant Katva.Flores(a7fortworthtexas.jzov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Renewal Page 1 of 3 ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including BV Valerie Washington (Sep 12, 202318:39 CDT) ensuring all performance and reporting J requirements. Name: Valerie Washington Title: Assistant Citv Manager Date: Sep 12, 2023 IDV By�r3;?aRay (Sep 12, 202315:14 CDT) APPROVAL RECOMMENDED: Name: Brenda Rav By: JLTIm (Sep 12, 2023 15:32 CDT) Title: Fire Purchasing Manager Name: Jim Davis Title: Fire Chief APPROVED AS TO FORM AND LEGALITY: 4ort- Q�n ap�� F�R ° Tpad ATTEST: ��o-11 o =c By: - p�a* o°° �° loan nE)C °654gp By.— /? G Name: Taylor Paris Title: Assistant City Attornev Name: Jannette Goodall Title: City Secretary CONTRACT AUTHORIZATION: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Renewal Page 2 of 3 Firehouse H d_rostat Se icel LLC Name: Scott Evans Title: CEO Contract Aenewa) Page 3 of 3 CSC No. 56630-RI CITY OF FORT WORTH CONTRACT RENEWAL NOTICE November 9, 2022 Firehouse Hydrostat Services LLC Attn: Scott Evans, CEO 200 Hillside Ln Lindsay, TX 76250 Re: Contract Renewal Notice Contract No. CSC No. 56630-R1 (the "Contract") Renewal Term No. 1: November 9.2022 to November 8.2023 The above referenced Contract with the City of Fort Worth expires on November 08, 2022 (the "Expiration Date"). Pursuant to the Contract, contract renewals are at the sole option of the City. This letter is to inform you that the City is exercising its right to renew the Contract for an additional one (1) year period, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. Please return this signed acknowledgement letter, along with a copy of your current insurance certificate, to the address set forth below, acknowledging receipt of the Contract Renewal Notice. Failure to provide a signed acknowledgment does not affect the renewal. Please log onto PeopleSoft Purchasing at httn://fortworthtexas.-aov/purchasing to ensure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Brenda Ray Sr. Contract Compliance Specialist Brenda.ravnfortworthtexas. aov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Renewal Page 1 of 3 CSC No. 56630-R1 ACCEPTED AND AGREED: CITY OF FORT WORTH -Vd..Wk- . By:Va Ierle Washington (Nov 11, 202213:03 CST) Name: Valerie Washington Title: Assistant Citv Manager Date: APPROVAL RECOMMENDED: By:J s Davis 9, 202216:17 CST) Name: Jim Davis Title: Fire Chief ATTEST: Tdnneily S. Gaadall ByJannette S. Goodall (Nov 14, 202213:37 CST) Name: Jannette Goodall Title: Citv Secretary 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:Mark Rauscher (Nov 9, 202215:28 CST) Name: Mark Rauscher Title: Assistant Fire Director APPROVED AS TO FORM AND LEGALITY: B :%� Y Name: Tavlor Paris Title: Assistant Citv Attornev CONTRACT AUTHORIZATION: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Renewal Page 2 of 3 CSC No. 56630-R1 Name: Scott Evans Title: CEO Contract Renewal Page 3 of 3 CSC No. 56630 SORT WORTH VENDOR SERVICES AGREEMENT Firehouse Hydrostat Services 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 Fire Hydrostat Services ("Vendor"), a Texas Limited Liability Company and 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 RFP No.21-0179 5. Exhibit D — Vendor's Bid Response to City's RFP No. 21-0179; 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 is to supply the City with hydrostatic testing services for SCBA, SCUBA, oxygen cylinders, and large D.O.T. cylinders for the Fire Department. ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes.. 2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below ("Effective Date") and expires one year after ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term"). 3. Compensation. 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 annual compensation under this Agreement will not exceed Nineteen Thousand and Nine Hundred and Seventy -Five Dollars and Zero Cents Dollars ($19,975.00). The City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement. Vendor will not perform OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4. 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. 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, N 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. 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 AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED 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 3 infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay 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. Assienment and Subcontracting. 9.1 Asiinment. 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: 10.1 Coveraae and Limits 4 (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 Requirements (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 5 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: To VENDOR: City of Fort Worth Firehouse Hydrostat Services Attn: Assistant City Manager 200 Hillside Ln 200 Texas Street Lindsay Texas Fort Worth, TX 76102-6314 76250 Facsimile: (817) 392-8654 sevans(a,firehousehvdro.com Phone: 817 948 6177 With copy to Fort Worth City Attorney's Office at same address 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 parry. 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. Headines not Controlline. 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. 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 7 executed by an authorized representative of each parry. 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. mature Authoritv. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective parry, 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. 28. Change in Companv 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 A 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 BovcottinLy EnerEv Companies. Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 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," "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. 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. 33. 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. Oj IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: Valerie alerielNasningcon(NOV, 202115:18 CST) Name: Valerie Washinjton Title: Assistant City Manager Date: Nov 9, 2021 20 APPROVAL RECOMMENDED: By: J s Davis 7, 202110:18 CST) Name: Jim Davis Title: Fire Chief ATTEST: By: C- _ Name: Ronald P. Gonzales Title: Acting City Secretary VENDOR: Firehouse Hydrostat Services By: Name: v4—�o Title: Date: /f/f , 20 V 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: Mark Rauscher(Nov 2, 202122:37 CDT) Name: Mark Rauscher Title: Assistant Fire Director APPROVED AS TO FORM AND LEGALITY: By: Name: Christopher Austria Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: NIA Form 1295: NIA 10 161MIIs] I-1q;1=X61;191 CITY SECRETARY FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES SPECIFICATIONS The vendor shall be D.O.T. certified as a cylinder requalification facility and must provide a copy of its D.O.T. letter with Requalified Identification Number to the Fort Worth Fire SCBA Air Shop to keep on record. The vendor shall have mobile testing capability to test cylinders on location at various sites throughout the City. The vendor shall be able to hydrostatically test SCBA breathing air cylinders, SCUBA breathing air cylinders, medical grade oxygen cylinders, and large D.O.T cylinders on an as needed basis per D.O.T. 49 CFR 180 subpart C guidelines and in accordance with any and all other local, state and Federal regulations. The vendor shall provide the Fort Worth Fire SCBA Air Shop a spreadsheet, PDF or printed list of all cylinders tested with the results including the pressures and expansions recorded for the SCBA cylinders within 5 business days of testing. CYLINDER TESTING SHALL MEET REQUIREMENTS Cylinder shall be examined to ensure it can safely hold it pressure. Cylinder shall be filled with a nearly incompressible liquid, in most cases water, pressurizing the cylinder and examined for leaks or permanent changes in shape. A visual inspection shall be performed each time a cylinder goes through the pressure testing process. The cylinder must be given an internal and external inspection in accordance with Compressed Gas Association (CGA) pamphlets, D.O.T CFR 49 requirements and any local, state, and federal laws. Each Cylinder tested must be legibly labeled or stamped as applicable with the new hydrostatic test date in a manner that remain legible until the next test date or end of service of the cylinder. CYLINDER REJECTION The Vendor shall reject a cylinder when, after a visual inspection, it meets a condition for rejection under the visual inspection requirements stated in the D.O.T CFR 49. The Vendor shall notify the City that the cylinder is being rejected and provide further requalification instructions. Be able to go and check Cylinder Locations 11 EXHIBIT B PAYMENT SCHEDULE F_ ORT WORTH.. Y`7~` BID SOLICITATION EvantlD � Pa9a Event Round Merlon- 1 1 _ Event Name Zt Hvdr r,a_ric Testima fr Cvjjag1 s _ Start Time Finish Time 09/10/2021 f]8'38;0o CGT Q9i1]/2021 08:30t00 CM J Line: t Deserlptlun: Qt� 4500 PSI SCBA High Pressure Hydrotest, per 300. ❑ cylinder Line: 2 Descriariom _ SCUI3A.ligh pressure Hydrotest, per cylinder Line' 3 Deser lon: 02 Hydro (D) Size 02 High Pressure Hydrotest per cylinder Line: 4 Description: Teflon 0-ring Line: 5 Deseriutlon: Rubber -ring Line: 6 Descr QQ'•I�lon: 450D Sl Hydrostatic test, DOT ff4 Size or similar, per cylinder Line: 7 6000 3 Hydrostatic test. DOT (li) Size or similar, par cylinder Lima: 8 Description: Eddy Current Inspection, per cylinder F> . imo 81% 4 2s.�a at 1 D0.[i0 Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Unit _ EA UnitPrice _ Total 3 � ��77�� ., /al6D Unit EA UnitPrice Total Unit EA �• UnitPrice Total Unit EA UnitPrice Total Unit EA UnitPrice Total [&� reFa Unit EA UnitPrice Total 1 171/41/0 Unit EA UnitPrios Total .ate t 3dd Unit EA. _ UnitPrica _ Total A tad of "U" (zero) will be interpreted by the City as a no -charge (free) item and the City will not expect to pay Far that item. A bld of "no bid" or no response (space left blank) will be interpreted by the Clty 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 the bid. RFQ121-0179 Hydrostatic Testing for Cylinders Page 3 of 18 12 Total Sid Amount! 419, -; 75 'T- EXHIBIT C CITY'S RFP NO. FORT WORTH COVER PAGE Eventlb Page CF11 o1-21-o179 Event Round Version 1 1 Event Name RFpt Hvdr..tAC1.0 T08t.ln4 for Cylinders start Time Finish Time ®9/1012021 a iio:o0 09/17/2021 0600�o0�1 FMIWZl 211111-1416147J4vYiN*1M I%' Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasinq 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@_fortworthtexas.gov Event Description The City of Fort Worth seeks bids to finalize an Agreement for Hydrostatic Testing for SC BA, SCUBA and Oxygen �yliride r for the Fire Department on an as needed basis. Submission Requirements and Deadlines All companieslindividuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please visit https:Nwww.fortworthtexas.gov/departmenWfinance/purchasinglregister for more information. Assigned Buyer: Xja Robertson There is no a Pre -Bid Conference for this bid. Completed Quote must be received in the Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102 by the above "Finish TimelEnd Date Time". Quotes must be submitted via email to: fmspurchasingresponses(gfortworthtexas.gov or faxed to 817-392-e440, addressed to the Buyer,, and have the RFQt Number and "Finish TimelEnd Date Tme" clearly marked on the email subject and/or fax cover page. Late quotes will not be considered for award unless bidders are notified otherwise. Late quotes will be returned or destroyed. Quotes may be withdrawn at any time prior to the official apeTng by written notification - Quotes may not be altered, amended or withdrawn after the "Finish TimelEnd Date Time". Quote must be submitted on this form. Freight and all other delivery charges shall be included in the unit price(s). The City is exempt from Federal Excise and State Sales Tax, therefore, tax must not be included in the quote price. Items quoted must meet or exceed City of Fort Worth Specifications;. however, The City of Fort Worth may consider and accept alternate quotes if specified herein when most advantageous to the City. The City reserves the right, however, to hold to City Specifications and to determine "or equal" status. The City reserves the right to accept or reject in part or whole any quote submitted, and to waive any technicalities for the best interest of the City. Solicitation Documents: Cover Page Bid Submission Signature Page" Bid Solicitation" Part I Purchasing Agreement Specifications Part II- Scope of Se rvices/Specifrcations Attachment A - Conflict of Interest Disclosure Requirement" Attachment B - No Quote Sheet Attachment C - Reference Sheet Attachment D - Bidder's Qualification Questionnaire Attachment E - Draft Service Agreement, attached as a separate document "Required to be completed and submitted. See Section 17.0, Quotations of Part 1 for list of all required documents that shall be submitted with quote. Failure to submit all items will be grounds for rejection of a bid as non- responsive to the specifications. 13 Fom, WowrH . sir- BID SOLICITATION Event, ID Page CFW01-21-0179 3 Event Bound Version 1 1 Event Name RFQt xydroStatiC Testing for Cv'= ILCI IS Start Time Finish Time 09/10/2021 0@:30:00 CDT 09/17/2021 09:30:00 CDT Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qty Unit UnitPrice Total 4500 PSI SCBA High Pressure Hydrotest, per 300.00 EA cylinder Line: 2 Desa�Qtion: Unit UnitPrice Total SCUB11High Pressure Hydrotest, per cylinder 50. 0 EA Line: 3 Description: Qtv Unit UnitPrice Total 02 Hydro (D) Size 02 High Pressure Hydrotest, 150.00 EA per cylinder V� U Line: 4 Descripgtion.: C-ring QQtt� Unit UnitPrice Tbtpi Teflon 150.D0 EA Line: 5 Description: Qty Unit UnitPrice Taut Rubber 0-ring 300.00 EA Line: 6 Descri bon: L'�((( Unit UnitPrice Total 4500 P�I Hydrostatic test, DOT (K) Size or 200 EA similar, per cylinder Line: 7 Description: Qtv Unit UnitPrice Total GOOD PSI Hydrostatic test, DOT (K) Size or 25.00 EA similar, per cylinder Line: 8 Description: Qtv Unit UnitPrice Total Eddy Current Inspection, per cylinder 100.00 EA Total Bid Amount: A bid of'0' (zero) will be interpreted by the City as a no -charge (free) item and the City will nat 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 the bid. RF4t 21-0179 Hydrostatic Testing for Cylinders Page 3 of 18 14 PART - 1 PURCHASING AGREEMENT SPECIFICATIONS 1.0 SCDFE 1.1 The Cityof FortWorth (City) seeks bids to finalize an Agreement to provide hydrostatic testing for SCBA, SCUBA, oxygen cylinders, and large D.O.T cylinders for the Fire Department. The successful bidder(s), known hereafteras °Contractor'P'Vendor." 1.2 The term of this Agreement shall begin on the date stated in the signed Contract ('Effective Date") and shall expire one year from the effective date, unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be renewed under the same terms and conditions for four additional one year periods, unless City of Vendor provides the other party with notice of non -renewal at least 60 days before the expiration of the initial term or renewal period. 1.3 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, maybe added based on the discount bid and price sheet provided with the bid. 1.d lJnit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certification fees. No additional charges will be accepted or paid by the City. 1.5 The submission of a quote by the bidder shall be considered evidence of compliance with these requirements. 2.1 The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated for all purposes Incident to this Agreement in Part - 2, Scope of Services/Specifications and Attachment E, Draft Vendor Service Agreement, more specifically describing the services to be provided hereunder. 3.1 The Vendor shall notify the 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 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 indicatingsuch 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. ;]WAY&■:4=14,111>!e►1[■]1!10-M-111!1■I•]:ia]IiI_1►[Q*I 4.1 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. RFQt 21-0179 Hydrostatic Testing for Cylinders Page 4 of 18 15 6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal period but before the effective date of the renewal upon written request from the Vendor. 6.p The Vendor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request. 6.3 If the City concludes that the rate increase being requested is exorbitant, the Cityreserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. if the City elects not to exercise the renewal option, the Purchasing Division will issue a newsolicitation. 6_4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and deli very costs. 6.5 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. 6.6 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. 6.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. �4lll_1►rrkrl'� 7.1 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City 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. IklI:Y9:71►fs]=1:J=1+1111:414JiI=10k 8.1 The Vendor shall carry insurance in the types and amounts for the duration of this contract as listed in the draft service agreement, Attachment _ to this solicitation, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 9.0 PERFORMANCE 9.1 Failure of the Cityto insist in anyone or more instances upon performance of anyofthe 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 andeffect. RFQt 21-0179 Hydrostatic Testing for Cylinders Page 6 of 18 16 10.0 COMPLAINTS 10.1 Complaints processed through the City Purchasing Division are to be corrected within fourteen (14) days of formal notice of complaint. Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the canceflation of the applicable line item(s) in the price agreement. 11.0 COOPERATIVE PURCHASING 11.1 Should other governmental entities decide to participate in this Agreement, Bidders, shall indicate in their bid response whether they agree that all terms, conditions, specification, and pricing would apply. 112 If the successful Bidder agrees to extend the resulting Agreement to other governmental entities, the following will apply: Governmental entities within utilizing agreements with the City of FortWorth will be eligible, but not obligated, to purchase material/services under this Agreement(s) awarded as a result of this solicitation. All purchases bygovernmental entities other than the City of Fort Worth will be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth will not be responsible for another governmental entity's debts. Each governmental entity will order its own material/services asneeded. 12.❑ NO BOYCOTT OF ISRAEL 12.1 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. 13.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 13.1 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,D00 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: 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. 14.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES 14.1 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 RFQt 21-0179 Hydrostatic Testing for Cylinders Page 7 of 16 17 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.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 forearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 15.0 BIDDER QUALIFICATIONS 15.1 The following information must be submitted as part of the bid package and shall be supplied in the following order. Failure to provide the information below will deem the bid as non -responsive. 15.1.1 Num ber of years in business (Le Secretary of State) 15.12 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. 15.1.3 Detailed explanation of methodology Vendor will use to provide all necessary labor, material, personnel and equipment to perform the hydrostatic testing service 15.1.4 Documentation showing the Vendor C.C.T. certified as a cylinder requalification facility and a copy of their D.C.T. letter with Requalifier Identification Number. 15.1.5 In order to receive bid award consideration, the bidder shall maintainsufficient resources to fulfill normal City of Fort Worth requirements. 16.0 METHOD OF AWARD 16.1 Bids will be evaluated based on the bidder who offers represents the "best value" tothe City. A responsible bidder is defined as a bidder that 16.1.1 Meets all the requirements listed in Section 15.0. 16.1.2 Submits a completed bid within the stated deadline and in accordance with the bid specifications. 16.2 Bids that do not receive 50% or more of the total available points excluding the points for price will be deemed nonresponsive. The following criteria will be considered to determine the best value: 16.2.1 Cost of service — up to 50 pointsavailable 162.2 Bidder's qualification, experience, and references - up to 20 points available 162.3 Bidder's availability of resources to provide services (equipment, personnel)— up to 15 pointsavailable 162.4 Bidder's approach to perform services— up to 15 pointsavailable RFQt 21-0179 Hydrostatic Testing for Cylinders Page 8 of 18 18 16.3 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. 16.4 The City also reserves the right to reject the bid of a bidder who has previouslyfailed to perform properly or complete on time agreements of a similar nature. 16.5 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. 15.6 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 duringthe 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. 16.7 Tentative Schedule of Events: RFQt Release Date September 10, 2021 Deadline for Questions September 14, 2021 at 5PM Local Time Answer Deadline September 15, 2021 RFQt Due Date September 17, 2021 at 8:30AM Local Time Bid Evaluations September 2D — September 27, 2021 Recommended Vendor5election September 2D21 Contract Execution October 2021 17.0 QUOTATIONS 17.1 Bidders shall submitthe following items with their quote. Failure to provide all the information will deem the bid non -responsive. 17.1.1 A completed and signed Bid Submission 'Signature Page; 17.1.2 A completed Bid Solicitation Page; 17.1.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A; 17.1.4 A completed Reference Sheet, Attachment C 17.1.5 Acompleted Bidder Qualification Questionnaire, Attachment D; 17.1.E Documentation showing the Vendor D_O_T_ certified as a cylinder requalification facility and a copy of their D.C.T. letter with Requalifier Identification plumber. 17.1.7 Detailed explanation of methodology Vendor will use to provide all necessary labor, material, personnel and equipment to perform the hydrostatic testing services; 17.1.8 Documentation showing companyhas been in the marketplace fora minimum oftwo (2) years (i.e. Secretary of State). 17.1.9 Scanned copy of all documents listed in paragraph 17.1 in flash drive. 17.2 Failure to submitthe items listed in Section 17.1 will be grounds for rejection of a bid as non -responsive to the specifcations. 18.0 QUESTIONS 18.1 Questions, explanations or clarifications desired by a Vendor regarding any part of the bid must be requested in writing from the Purchasing Division by 5:00 PM on RFQt 21-0179 Hydrostatic Testing for Cylinders Page 9 of 18 19 September 14, 2021. Request can be send to the following: A'ja Robertson, Buyer, FMSPurchasingResponses@fortworthtexas.gov Reference RFQt 21.0179 City of Fort Worth Purchasing division Attention: A'ja Robertson 200 Texas Street Fort Worth, Texas 76102 Facsimile: (817) 392-8440, Attention: A'ja Robertson RFQt 21-D179 Hydrostatic Testing for Cylinders Page 10 of 18 20 PART 2- SCOPE OF SERVICES/SPECIFICATIONS 1.0 VENDOR SHALL MEET THE FOLLOWING REQUIREMENTS 1.1 The vendor shall be D.O.T. certified as a cylinder requalification facility and must provide a copy of its D.O.T. letter with Requalifier Identification Number to the Fort Worth Fire SCBA Air Shop to keep on record. 1.2 The vendor shall have mobile testing capability to test cylinders on location at various sites throughout the City. 1.3 The vendor shall be able to hydrostatically test SCBA breathing air cylinders, SCUBA breathing air cylinders, medical grade oxygen cylinders, and large D.O.T cylinders on an as needed basis per D.O.T. 49 CFR 180 subpart C guidelines and in accordance with any and all other local, state and federal regulations. 1.4 The vendor shall provide the Fort Worth Fire SCBA Air Shop an electronical spreadsheet, PDF or printed list of all cylinders tested with the results including the pressures and expansions recorded for the SCBA cylinders within 5 business days of testing. 1.5 Vendor shall perform hydrostatic testing Monday -Friday B:OOAM-S:OOPM, excluding holidays. 2.0 CYLINDER TESTING SHALL MEET THE FOLLOWING REQUIREMENTS 2.1 Cylinder shall be examined to ensure it can safely hold itpressure. 2.2 Cylinder shall be filled with a nearly incompressible liquid, in most cases water, pressurizing the cylinder and examined for leaks or permanent changes in shape. 2.3 A visual inspection shall be performed each time a cylinder goes through the pressure testing process. The cylinder must be given an internal and external inspection in accordance with Compressed Gas Association (CGA) pamphlets, D.O.T CFR 49 requirements and any local,state, and federal laws. 2.4 Each Cylinder tested must be legibly labeled or stamped as applicable with the new hydrostatic test date in a manner that remain legible until the next test date or end of service of the cylinder. 3.0 CYLINDER REJECTION 3.1 The Vendor shall reject a cylinder when, after a visual inspection, it meets a condition for rejection under the visual inspection requirements stated in the D.O.T CFR 49. 3.1.1 The Vendor shall notify the City that the cylinder is being rejected and provide further requalification instructions 4.0 CYLINDER LOCATIONS 4.1 Hydrostatic testing may be performed at the locations listed below: 4.1.1 FW FD Air Shop- 400 Grand Ave. Fort Worth, Texas 76164 4.1.2 Bob Bolen Public Safety Fire Training- 505 W Felix St. Fort Worth, Texas76115 4.1.3 FW FD Equipment Services Shop- 2930 W. Bolt St. Fort Worth, Texas 76110 4.1.4 FWFD Station 32- 10201 White Settlement Rd. Fort Worth, Texas76108 RFQt 21-0179 Hydrostatic Testing for Cylinders Page 11 of 18 21 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, goads, or services with a local governmental entity (i.e. The City of FortWorth) 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 Farm CIQ is enclosed with submittal documents. The form is also available at https://www.ethics-state-tx-us/datalforrns/conflict/CIQ-ndf 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 Vendor 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. RFQt 21-0179 Hydrostatic Testing for Cylinders Page 12 of 18 W CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Data Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be fled. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. A ❑ cneck tilts pox It you are tiling an update to a previously tiled questionnaire. (I he law requires that you rile an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information Ic heina disclosed. Name of Officer J Describe each emplovment or other business relationship with the local government officer. or a familv member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts Aand B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F—] No J Describe each emplovment or business relationship that the vendor named in Section 1 maintains with a corporation 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 ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(6), excluding gifts described in Section 176.003(a-1). J Signature of vendor doing business with the governmental entity pate RFQt 21-0179 Hydrostatic Testing for Cylinders Page 13 of 18 23 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at httpJlwww.statutes.legis.state.tx.us/ Docs/LGlhtm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" 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: (N a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code $ 176.003fa1121fA1 and IB1: (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) thevendor: 0) 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 family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code G 176.006fa1 and fa-1I (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176-003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity- (a-1) The completed conflictof interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor. (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (8) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. RFQt 21-0179 Hydrostatic Testing for Cylinders Page 14 of 18 24 ATTACHMENT — B NO QUOTE SHEET (Please complete this form, only if, your firm has chosen not to submit a bid) A'ja Rob,erkson,Buyer Purchasing Division Fax No.817-392-8440 E-mail address. FMSPurchasinaResoonses(a).fortworthtexas.aov If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to: City of Fort Worth, Purchasing Division 200 Texas Street Fort Worth, Texas 76102 for fax to above address} Please check the items that apply: 0 Do not sell the item(s) required. 0 Cannot be competitive. Cannot meet the Specifications highlighted in the attached Bid Cannot provide Insurance required. Q Cannot provide Bonding required. Cannot comply with Indemnification requirements. Q Job too large. 0 Job too small. Do not wish to do business with the City. Other reason. Company Name: Authorized Officer or Agent Signature: Telephone: ( ) _ FAX Number: { _) _ _ RFQt 21-0178 Hydrostatic Testing for Cylinders Page 15 of 18 25 ATTACHMENT -C REFERENCE SHEET Bidders shall provide a reference list of a minimum of three (3) current customers (comparable in size) who the bidder has recently supplied subject item(s)land or services on a continuing basis over a recent twelve (12) month period. The City will be the sole judge of references. Please use additional sheets if necessary. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( j Fax Number { Email 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number { 7 Fax Number { Email 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number { 7 Fax Number( Email RFQt 21-0179 Hydrostatic Testing for Cylinders Page 16 of 18 26 ATTACHMENT-D BIDDER'S QUALIFICATION QUESTIONNAIRE Date your companywas established? 2. How many years has your organization been in business under its present name? a. List anyformer names your organization has operated under and the timeframe[s]. 3. Have you ever defaulted on a contract? If so, whywere you unable to fulfill the obligation? 4. Please provide in a separate attachment documentation showing yourcompany has been in the marketplace for a minimum of two (2) years (i.e. Secretary of State). 5. Can your company fulfil the specifications listed in sections 1.0-3.0 on page 119 Please provide a detailed explanation of methodology Vendor will use to provide all necessary labor, material, personnel and equipment for the hydrostatic testing. Yes I I No 6. Is your companya D.O.T. certified as a cylinder requalification facility? If so, please provide a copy of your D.O.T. letter with Requalifier Identification Number with your bid response. Yes I I No RFQt 21-0179 Hydrostatic Testing for Cylinders Page 17 of 18 27 ATTACHMENT E- DRAFT SERVICE AGREEMENT The draft service agreement is attached as a separate document. RFQt 21-0179 Hydrostatic Testing for Cylinders Page 18 of 18 28 EXHIBIT D VENDOR'S RESPONSE TO CITY RFP NO. FORTWORTH BID SUBMISSION SIGNATURE PAGE page Invited: PUBLIC EVENT DETAILS EYeIDID tram-xi-o:7s _ _ x Event IEound Version 1 > Event Name R t t1 atic Te for li s Submit To: City of Fort Worth Stare Time Finish Tama FINANCIAL MANAGEMENT SERVICES gs1aai oa:a0-ao CDT n5A1`+ixoxt Os_3-D"00 CDT FINANCE - Purchasing 200 Texas st. (Lower Level, South) Fort Worth TX 76102 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: 1%/ G // Company Address: /f5i� 1' -` City, state, zip;-/'—' ��t tic % � Vendor Registration No., �!S IF Printed Name 7ofOfficer orAuthorized Representative: � ' Signature of Officer rAutt prized Representative]�y1 Date: f�f EmailAddress! ;{J*� T /}'-7-3�'�r+r'� 1 AiF Phone Number: _f3_/ 7— xTR Federal Identification Number (FID): a7l FC 6 Will agreement be available for Cooperative Agreement use? Yes ! No— RFQt 21-0179 Wydrostalio Testing far Cylinders Page 2 of 18 wt FORT WORTH,.. BID SOLICITATION EventlD — — pa ge CFw01-21-0179 I Event Round Version 1 1 Event Name RFR Rvdrostatic Testinq for cvl irr{{d��� Stand Time Flnlch. TImP 09/1012021 011 ®T 99/17/2021 09e3n Line: h DescrVion: 4500 PSI SCBA High Pressure Hydrotest, per cylinder Line: 2 Descrjy an: kUB.4 igh Pressure Hydrotest, per cylinder Line: 3 Description: 42 Hydro (D) Size 02 High Pressure Hydrotesl, per cylinder Line: 4 Descri on: Teflon Mrig Line: 5 Descri _ ion: Rubber 0-ring Line: B Descr( lion: 4500 Hydrostatic test, DDT (K) Size or similar, per cylinder Line: 7 Descr(pptlon: 6000 PSI Hydrostatic teal, DOT (K) Size or similar, per cylinder Line' 8 Descr(ptien: Eddy (,urrenl inspection, per cylinder Invited: PUBLIC EVENT DETAILS Submit To: City of Fart Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Unit 300.00 EA t']t—_ Unit 50.00 EA AN EAR ON Unit _ 15 . 0 EA A3Unit .00 EA Unit o EA uty Unit 25.00 EA 0Unit 1Ono EA A bid of "0' (zero) 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 hid on that item. Be advised, a "no bid" or no response may be considered as non -responsive and may result in disqualification of the bid. RFQt 21-0179 Hydrostatic Testing for Cylinders Page 3 of 18 30 UnitPrice Total UnItPrice Total L 75.E y�UnitPrice Total l UnitPrice Total �AbP�I I$ J UnitPrice Total FAJ� Fi I UnitPrice Total t � ,�/Sdo UnitPrice .9 1 Total �3-­06 _11 UnitPrice�y � rl'yTj,ot/all Total Sid A==t- 4ict C1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE 115E ONLY This questionnaire is being riled in accordance with Chapter 176. Local Government Code, by a vendor who Date Rccemad has a business relationship as defined by Section 176.001(1-a) wilh a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed vnth the records administrator of the local governmental entily not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Govemment Code. A vendor commit$ an offense V the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. J Name of vendor who has a business relationshto with local oovermental entity. ❑ Check this box it you are tiling an update to a previously filed questionnaire. (the law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local novernment officer aboutwhom the infnrmatinn is beina disclosed. Name of Officer J Describe each emolovmant or other business refationshio with the local government officer. or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe anyfamily relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Fors CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? El Yee E] No B- Is the vendor receiving or likely to receive taxable inooma, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? DYes —E:j No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local govemment officer serves as an officer or director, or holds an ownership interest of one percent or more. J ❑Check this box if the vend has given the local government officer or a family member of the officer one or more gifts a ri a Section Q3(a)(2)(B), a luding gifts described in Section 176.003(a-1). J _ 'plf/jf�{'g 1� VV Signature of vendor doing bu ness with the governmental entity Date RFQt 21 •U779 Hydrostatic Testing for Cylinders Page 13 of 1 a 31 ATTACHMENT -C REFERENCE SHEET Bidders shall provide a reference fist of a minimum of three (3) current customers (comparable in size) who the bidder has recently supplied subject item(s)land or services on a continuing basis over a recent twelve (1 2) month period. The City will be the sole judge of references. Please use additional sheets if necessary. 1. Company's Name jl r l � ,A1-pi flips P( tte—::; Name of Contact Title of Contact Present Address�Alab City, State, Zip Code lrav �Ize J Y -i pox Telephone Number [� _� Fax Number( ] Email + )a5 Company's Name J J d A n r—[ Ac— Name of Contact Title of Contact Present Address i J _ A�-y�F Fr F Al ",s r City, state, Zip Code Telephone Number (1214 �� _,ti,L� Fax Number [ } Email C��c . mAkrjk jAif7 3. Company's Name 4 id Name of Contact Title of ContactN r Present Address City. pState, Zip Cods Telephone Number } ax Number { } Email i Lit at& . Wv . # . � j L. w � �t RFQt 21-0179 Hydrostatic Testing For Cylinders Page 16 of 18 32 ATTACHMENT-D BIDDER'S QUALIFICATION QUESTIONNAIRE Date your companywas established? 2-0 1Z- 2. How many years has your organization been in business under its present name? 421411_11� a. List anyformer names your organization has operated under and the timeframe(s). 3. Have you ever defaulted on a contract? If so, whywere you unable tofulfill the obligation? - _. 4. Please provide in a sepa rate attac h ment documentation showing yourcompanyhas been in the marketplace fora minimum of two j2) years (i.e. Secretary ofState). 5. Can your company fulfil the specifications listed in sections 1.0-3.4 on page 11? Please provide a detailed explanation of methodology Vendor will use to provide all necessary labor, material, personnel and equipment for the hydrostatic testing. Yes No ¢, Is your companya D.O.T, oortifiod as a cylinder requalification facility? If so, ptwawe provide a copy of yo````ur D.O.T. letter with Requalifier ldentification Numberwith your bid response. Yes No RFQt 21-0179 Hyarostatic Testing for Cylinders Page 17 of 18 33 Corporations Scclion E QF I�s avid Whitley P-0-Box 13697 �Secretary of State Austin, Texas 7871 ]-3697 szf i� Office of the Secretary of State CERTIFICATE OF FILING OF Firehouse Hydrostat Services, LLC File Number: 803322502 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Limited Liability Company (LLC) has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or ram. Professional Name Act, or the common law. Dated: 05/20/2019 Effective: 05/20/2019 A7' � V R 7i" C Come visit us on the internet at hap JAwww-sosslate. txafV Phone: (5t2) 463-5555 Fux, (512) 463-5709 Dial: 7-1-1 for May Services Prepared by: Carol Crney T1D: W306 Document: 990773120002 34 U.S. Department EWSOWN. P"H-33 of Transportabon 1200 Na Jar9 y Ao ua. swftac wa51:agwn, o.c 2VW Pipaiine and Hazardous Materials Safety Administration July 29, 2019 Expiration Date:Jane 30, 2022 Revision: Address update Mr. Scott Evans Owner Firehouse Hydrostat Services LLC (Mobile Unit) 200 Hillside LN Lindsay, TX 76250 United States Dear Mr. Evans: The Pipeline and Hazardous Materials Safety Administration (PHMSA) has reviewed your application for approval as a cylinder requalification facility under Section 107.805 of'fitle 49 Code of Federal Regulations (49 CFR). At the recommendation of Steigerwalt Associates, Inc., this office is re -issuing the requalifier identification number (RIN) 1208 to your facility located at 200 Hillside LN, Lindsay, TX for DDT cylinder specification(s): 3A, 3AA, 3AL and Special Permit(s): 7277, 11194,10915, 10945, 10947, 14,387, 14339, 11005, 14003, 10869, 15136 and 13583. This number authorizes requalification of the authorized cylinder specifications by the "hydrostatic" test method, applies to this location only, and is valid until the posted expiration date above or until terminated by the Associate Administrator for I Iazardous Materials Safety. This number applies to mobile unit vehicles garaged at this location only. The vehicle identification number(s) authorized under the provisions of this approval are as follows: 1GC4K1EY2HF124886. The mobile unit(s) can only travel within the following geographical regions: Arkansas, New Mexico, Oklahoma, Louisiana and Texas. The cylinder sizes authorized to be tested are as follows: The smallest cylinder is 3" X 12". The largest cylinder is 10" X 66". The RIN is valid until the posted expiration date above or until terminated by the Associate Administrator for Hazardous Materials Safety. Failure to comply with the provisions of this approval may result in the suspension or termination of this RIN authorization. In addition to the requirements for requalification of cylinders under the relevant provisions of Sections 180.205 through 180.215 of 49 CFR, the following conditions must be met: Tracking No: 2019075101 35 Page 1 of 3 1. You must notify this office in writing of any change in company name, address, ownership, testing equipment and approved mobile unit used, management, or testing personnel within twenty days or the change. 2. Additional mobile units, not identified above, are not authorized under this RIN approval without prior approval from The Office of Hazardous Materials Safety, Approvals and Permits Division in accordance with the provisions of 49 CFR 107.805. 3. If more than one mobile unit is approved under this RIN authorization, in addition to the RIN number, the specific mobile unit where cylinder requalification is being conducted must be clearly identified on the requalifier test records and calibration records, as required by 49 CFR 180.215. 4_ This approval is renewable every five years. If you wish to renew this approval, please ensure that your application for renewal is received by PHMSA at ]cast 60 days prior to the expiration date posted above, in accordance with 49 CFR 107.705(c). 5. Renewal applications or enquiries should be sent to anprovalsAdot.i;ov. 6. Testing must be performed by, or in the presence of, a designated hydrostatic test operator who has been observed by the authorized independent inspection agency inspector during the onsite audit of the mobile unit under the provisions of 49 CFR 107.805, or who has been certified as meeting the training requirements of 49 CFR 171 700 through 49 CFR 172. 704 and has been added to your file by addition under condition number one (1) above. 7. A copy of this approval must be maintained onboard and adjacent to the mobile testing unit(s) and at the stationary facility at the authorized address identified above. 8. The approved stationary address, where the mobile unit(s) is garaged, must be manned, during normal business hours, and accessible to unannounced onsite inspection by PHMSA inspectors. This location must maintain a daily log that identifies the date of inspection, the specific mobile unit authorized under the provisions of this approval, and the location/address where testing is being performed each day. 9. Testing under this RIN approval is authorized only on the authorized cylinder specifications and testing method listed above. Additional special permits (not meefimr arnroved testin-e method above), DOT cylinder specifications, including UN ISO specifications may be requested only after inspection and recommendation by an approved Independent Inspection Agency and only after additional approval is granted by PHMSA in accordance with the requirements of 107.705 and 107.805. 10. Copies of your RIN application and all supporting; documentation must be retained and made available to DOT upon request. 11. Each "Hazmat employee", as defined in Section 171.8, who performs a function subject to this approval, must receive appropriate training; in accordance with Section 172.704. 12. All correspondence with PHMSA relating to your approval must include the RIN. Tracking No: 2019075101 36 Page 2 of 13. This approval as revised supersedes all previous versions. for William Schoonover Associate Administrator for Hazardous Materials Safety TrackingNo: 2019075101 37 Page 3 of 3 f°tRExeusE y0aOS710k7 City of Fort Worth, Firehouse Hydrostatic Services LLC, has a 24 ft mobile testing lad ratory. We can test onsite, limiting the out of service time of the cylinders_ We can test as many as 150 per day. We employee all off duty firefighters. The employees have meet all DOT test requirements for testing. While maintaung any updated tranning as well. All employees are cover with Texas Workmans Camp Insurance. Along with CIL Polices. The epuipment we used is the 500-HP-14S-M Hydrostatic Water Jacket testing System. This is a manually operated sytem with a testung rang from 2000-10,000 psi. It meets US DOT requerments- Equipted with a calibrated pressurre gauge ranging from 0-11,000 psi x20 psi increments. Class 3A-1/4% full range accuracy. Water jacket is safe under pressure with a 35 psi burst disk. Scot Evans CEO 817-948-6177 seva ns@firehousehydro.com 38 EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY FIREHOUSE HYDROST SERVICES 200 HILLSIDE LN LINDSAY. TX 76250 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. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President / CEO Other Title: Date: 39