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HomeMy WebLinkAboutContract 56630-A1CSC No. 56630-Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 56630 BETWEEN CITY OF FORT WORTH AND FIREHOUSE HYDROSTAT SERVICES, LLC This First Amendment to Fort Worth City Secretary Contract No. 56630 ("First Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation and Firehouse Hydrostat Services, LLC("Vendor"). WHEREAS, Fort Worth and Vendor entered into an agreement, as authorized by chapter 791 of the Texas Government Code, identified as Fort Worth City Secretary Contract No. 56630 beginning November 09, 2021 (the "Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to increase the amount of the contract from $19,975.00 to $50,000.00 for MedStar Additional Hydrostatic Testing and Cylinders. NOW THEREFORE, known by all these present, Fort Worth and Vendor, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1.Paragraph 3 of the Agreement, titled Compensation, is hereby amended to read as follows: 3.Compensation. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit "B," -Price Schedule. Total payment made under this Agreement for Initial Term shall not exceed the amount of Fifty Hundred Thousand and Zero Cents ($50,000.00), and the City makes no promise or guarantee of the total amount of work that will assigned to vendor under this Agreement. Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 2.All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] Executed effective as of the date signed by the Assistant City Manager below. First Amendment to Fort Worth City Secretary Contract No. 56630 Page 1 of2 FORT WORTH: City of Fort Worth By: Dana Burghdoff (Feb.20251 . CST) Name: Dana Burghdoff Title: Assistant City Manager Date: Feb 1, 2025 Approval Recommended: By: James Davis (Jan 31, 2025 08:02 CST) Name: James Davis Title: Fire Chief Attest: By: r }.,_� Name: Jannette Goodall Title: City Secretary By: Name: Title: Date: Con ct Compliance Manager: By si ing I acknowledge that I am th1 person respo sible for the monitoring and adm�tion ofthi contract, including ensuring all performance and porting requirements. By: renda Ray (Jan 28, 2025 13:44 CST) Nam f • Brenda Ray Title: • Fire Purchasing Manager App oved as to Form and Legality: �r::�-Titl�r �sistant City AttorneyContct Authorization: M& : N/A 1295 NIA First Amendment to Fort Worth City Secretary Contract No. 56630 Page 2 of2 CSC No. 56630 ORT�ORTHH 0 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 indi��idually referred to as a"party" and collectively referred to as the "parties " AGREEMENT DOCUMENTS: The A�reement documents sha11 include the followin�: 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. E�ibit E— Verification of Signature Authority Form. Exhibits A, B, C, D, and E, which are attached hereto and incorporaxed herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of E�chibits A, B, C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this A�reement shall control. 1. Scone of Services. Vendor is to supply the City with h}�drostaxic testin� services for SCBA, SCUBA, oxygen cylinders, and large D.O.T. cylinders for the Fire Department. ("Services"), ahich are set forth in more detail in E�ibit "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 A�reement ("Initial Term"). City will have the option, in its sole discretion, to renea� this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term")_ 3. Comnensation. City will pay Vendor in accordance with the provisions ofthis A�reement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes_ Total annuai compensation under this Agreement will not exceed Nineteen Thousand and Nine Hundred and Seventy-Five Dollars and Zero Cents Dollars ($19,975.00). T'he Ciry makes no promise or �uarantee of the total amount of work that will be assigned to Vendor under this Aareement. Vendor w-ill not perform OFFICIAL RECORD CITY SECRETARY FT. WORTH, TjC 4. any additional services or bill for expenses incurred for City not specified by this A�eement unless City requests and approves in writin� the addirional costs for such services_ City RJill not be liable for any additional expenses of Vendor not spec�ed by this A�eement unless City first approves such expenses in v��ritina. 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. 42 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 �Rll 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 Oblisations of the Parties. In the event that tlus A�eement 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 pmvide City with sen%ices 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 a1l completed or partially completed documents prepared under this A�eement. In the event Vendor has received access to Ciry Informarion or data as a requirement to perform ser�zces hereunder, Vendor will return a11 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 w-arrants 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 Ab eement. In the event that any conflicts of interest arise after the Effective Date of this A�reement, Vendor hereby agrees immediately to make full disclosure to City in w-ntin�_ 52 Confidential Information. Vendor, for itself and its officers, aQents and employees, agrees that it will treat all information pro�zded to it by City ("City Information") as confidenrial and will not disclose any such information to a third party without the prior �vritten 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 Te�s Public Information Act. In the event there is a request for informarion marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objectin� to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attomey 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 Ciry Information has been compromised or is believed to ha�e been compromised, in which event, Vendor will, in good faith, use a11 commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with Ciry to protect such City Information from further unauthorized disclosure_ 6. Ri�ht to Audit. Vendor a�ees that City will, until the expiration of three (3) years after final payment under this Aa eement, 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 A�eement at no additional cost to City. Vendor a�ees that City will have access durinQ normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate �vork space in order to conduct audits in compliance with the provisions of this section_ City will �ive Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendorwill operate as an independent contractor as to all ri�hts and privileges and work performed under this A�reement, 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 ri�ht to conirol the details of its operations and activities and be solely responsible for the acts and omissions of its officers, a�ents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of f�espondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, ajents, employees, servants, contractors, and subcontractors. Vendor further ab�rees 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 ta�es on behalf of itself, and any of its officers, agents, servanu, employees, contractors, or contractors_ Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR A.r'�'Y AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERS0I�TAL LNJURY, INCLUDIIVG DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE 1VEGLIGE�I�T ACT(S) OR OMISSIOl�r(S), MALFEASANCE OR I1VTEIVTIONAL MISCO1bDUCT 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, FROMAIVDAGAINSTAN"YANDALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL ORASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCL UDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) A1VD/OR PERSO�VAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSOR'S, ARISING Ol�T OF OR L�% 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 SIIBCONTRACTORS. 8.3 INTELLECTUAL PROPERT'Y INDEI�IIVIFICATIO_N — Vendor a�ees 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 documentafion in accordance with this Agreement, it being understood that this agreement to defend, settie or pay will not app�g 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 acfion 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 alf such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City ab ees to cooperate with Vendor in doing so. In the event City, for �vhatever 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; howe�er, Vendor �vill fully participate and cooperate with City in defense of such claim or action. City agrees to � ve Vendor timely written notice of any such claim or action, with copies of all papers City ma,y receive relatang thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses �vi� 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) modif� the software and/or documentation to make it non-infrin� ng, provided that such mo�ification 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-infrin� ng software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonabl� available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by Cit3-, subsequent to which termination City may seek any and all remedies available to �ty under law. Assi�nment and SubcontractinQ. 9.1 Assi�nment. Vendor will not assi�n or subcontract any of its duties, obligations or rights under this Aa eement without the prior written consent of City_ If City �ra.nts consent to an assignment, the assignee will execute a�critten agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this A�reement Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 92 Subcontract. If City �-ants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under �vhich snbcontractor a�rees to be bound by the duries and obligations of Vendor under this A�reement 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 CoveraQe and Limits 4 (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - A��regate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Covera�e will be on any vehicle used by Vendor, or its employees, a�ents, or representarives in the course of pmvidin; Services under this A�eement_ "Any vehicle" will be any vehicle owned, hired and non-o�vned. (c) Worker's Compensation: Statutory limits according to the Texas ��Vorkers' Compensation Act or any other state workers' compensation laws where the Services aze bein� performed Employers' liability $100,000 - Bodily Injury by accident; each accidentJoccurrence $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 - Ag�egate 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 aIl other requirements. Covera�e must be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services pro��ided. An annual certificate of insurance must be submitted to City to evidence coverage_ 102 General Requirements (a) The commercial �eneral liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, o�cers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Wai�7er of Subm�ation (Right of Recovery) in favor of City. (c) A minimum of Thirry (30) days' notice of cancellarion 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 Mana�er, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attomey at the same address_ (d) The insurers for all policies must be licensed and/or appmved to do business in the State of Texas. All insurers must have a minimum ratinQ of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent fmancial strength and solvency to the satisfaction of Risk Mana�ement.If the ratin� is below that required, written approval of Risk Mana�ement is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the ins�ance requirement_ ( fl Certificates of Insurance evidencing that Vendor has obtained all required insurance will be deli��ered to the City prior to Vendor proceeding with any �vork pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules and Rewlations. Vendor a�ees that in the performance of its obligarions hereunder, it �vill comply with all applicable federal, state and locat laws, ordinances, rules and regulations and that any work it produces in connection with this A�eement �vill 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 re�ulations, Vendor must immediately desisi from and conect the violation. 12. Non-Discrimina6on Covenant. Vendor, for itself_, its personal representati�es, assi�ns, contractors, subcontractors, and successors in interest, as part of the consideration herein, a�ees 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 CLAI��I ARiSES FROM AN ALLEGED VIOLATION OF TffiS NON-DISCRI�1'IINATION COVEN�'�iT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUI� SUCH LIABILITY AND TO INDEMNIF'Y Ai�iD DEFEND CITY Ai�1D HOLD CITY HARIVII.ESS 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 representarives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, re�istered, retum 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%.firchousehvdro.com Phone: 817 948 6177 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Emulovees. Neither City nor Vendor will, durin� the term of this Ab eement 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 �vho 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 A�eement City does not waive or surrender any of its �ovemmental 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 ri�ht granted herein does not constitute a waiver of City's or Vendor's respecUve right to insist upon appropriate performance or to assert any such ri�ht on any future occasion. 17. Governin� Law / Venue. This A�eement will be construed in accordance with the laws of the State of Texas. If any acrion, 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. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainin� provisions will not in any way be affected or impaired. 19. Force vIaieure. City and Vendor will exercise their best efforts to meet their respective duties and obli�ations as set forth in this A�reement, 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 paudemics; government action or inaction; orders of govemment; 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 re�ional 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 prevenrion or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it pre�-ents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force lbiajeure 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 arith Section 13 of this A�reement 20. Headings not Controllina. Headings and titles used in this A�reement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scoge of any provision of this Agreement. 21. Review of Counsel. The parties ackno�vledge that each part� and its counsel have reviewed and revised tbis Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the draftin� party will not be employed in the interpreta.rion of this Agreement or Exhibits A, B, and C_ 22. Amendments / Modifications / Extensions. No amendment, modification, or e�ension of this Agreement will be binding upon a party hereto unless set forth in a R�ritten instrument, v��hich is 7 executed by an authorized representative of each party. 23_ Counteraarts. 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 to�ether constitute one and the same instrument. 24. Warrantv of Services. Vendor warranu that its services will be of a high qualitv 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 aze completed. In such e��ent, at `'endor's option, Vendor will either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranry, or (b) refund the fees paid by City to Vendor for the nonconformin� services. 25. Immi�ration Nationalitv Act. Vendor must verify the identity and employment eliQibility� 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 alI I-9 forms and supporting eli�ibility documentation for each employee who performs a�ork 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 leaally eligible to perform such services. VENDOR WILL INDEMNIFY CITI' AND HOLD CITI' HAR�VII.ESS FROVI ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS P�IRAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this A�eement for violations of this provision by Vendor. 26. Ownershin of Work Product. City will be the sole and exclusive o�vner of all reports, work papers, procedures, �uides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this A�eement (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 tan�ible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a'°work-made- for-hire" within the meanin� of the Copyri�ht Act of 1976, as amended. If and to the extent such WorT� Product, or any part thereof, is not considered a"work-made-for-hire" within the meanin� of the Copyri�ht Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive nght, title and interest in and to the Work Produet, and all copies thereof, and in and to the copyri�ht, 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. Si6nature Authoritv. The person signing this A�eement hereby warrants that they ha�e the legal authority to execute this Agreement on behalf of ihe respective party, and that such bindin� authoriry 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_ �acb party is fully entitled to rely on these warranries and representations in entering into this Aareement or any amendment hereto. 28. Chanae in Companv Name or O��nership. Vendor must notify City's PurchasinQ Manager, in writing, of a company name, ownership, or address chan;e for the purpose of maintaining updated City records. The president of Vendor or authorized official must si� the Ietter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentaxion such as an updated W-9, documents filed with the state indicating such change, copy of the board of director s 0 resolution approving the action, or an executed merger or acquisition a�eement. Failzzre to provide the specified documentation so may adversely impact future invoice payments. 29. No Bovcott of Israel. If Vendor has fe�ver than 10 emplovees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance ��-ith Chapter 2271 of the Texas Government Code, the Ciry is prohibited from entering into a contract with a companv for goods or services unless the contract contains a written verification from the company that it (1) does not boycott lsrael; and (2) will not boycott Israel during the term of the contract_ The terms "boycott IsraeP' and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Governmen� Code_ By signing this Agreement, Vendor certifies that Vendor's signature provides written verifcat�on 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 Bovcottina Ener�v Companies. Vendor aclmowled�es that, in accordance with Chapter 2274 of the Texas Govemment Code, as added by Acts 2021, 87th Leg_, RS_, S.B. 13, � 2, the City is prohibited from enterin� into a contract for goods or services that has a �alue 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 con�act contains a written verification from the company that it (1) does not boycott ener�y companies; and (2) will not boycott energy companies durin� the term ofthe contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Govemment 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 signin� 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 ener�y companies durina the term of this Agreement. y 31 _ Prohibition on Discrimination Aaainst Firearm and Ammunition Ind�rstries_ 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 Qoods 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 verificaUon from the company that it: (1) does not have a practice, policy, �uidance, or directive that discriminates against a firearm entity or fireazm trade association; and (2) aTill not discnminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm en�ity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the TeYas Government Code, as added by Acts 2021, 87th Leg., R_S_, S.B_ 19, � 1_ To the extent that Chapter Z�7� of the Government Code is applicable to this Agreement, by signin� this A�reement, Vendor cemfies that Vendor's signature provides written verification to the City that Vendor (1) does not have apractice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade associarion; and (2) w-ill not discriminate against a firearm entity or firearm �ade association during the term of this A�eement_ 32. Electronic Sianatures. This A� eement may be executed by electronic si�ature, which will be considered as an ori�inal sib ature for all purposes and have the same force and effect as an ori�nal signature. For these purposes, "elecvonic signature" means electronically scanned and transmitted versions (e_g. via pdf file or facsimile transmission) of an original si�nature, or si�atures electronically inserted via software such as Adobe Sign_ 33. Entiretv of Aareement. This A�eement, including all attachments and e�ibits, contains the enrire understanding and agreement between City and Vendor, their assi�ns and successors in interest as to the matters contained herein. Any prior or contemporaneous oral or written a�eement is herebv declared null and void to the extent in conflict with any provision of this Agreement_ E L�i WITNESS WHERE�F, the parties hereto have exeeuted this Agreement in multiples. CITY OF FORT WORTH: • ��.,W�..� gy. ,�a��:_,���_h����o� �N�„ �.=��� �s ���sr, Name: Valerie Washin�on Title: Assistant Ci�y Mana�er Date: Nov 9, 2021 24 APPROVAL RECOIWIlVIENDED: BV. J _sDavis P:cv7 _ _':O:iSC°i J Name: Jim Davis Title: Fire Chief ATTEST: ?�� � �,,�� By_ � Name: Ronald P. Gonzales Title: Actina City Secretary VENDOR: Firehouse Hydrostat Services By_ Name: Title: Date: CONTRACT CONIPLIAd�CE �hrAGEF�: By signins T aclmowledge tliat I am the persan responsible for the monitorin� and administrazion of this contract, includin� ensurin� all perfarmance and reportins requirements. - ...�...._ $y; �.���k�a����,P��,��o�=,�0„_:3;�or; Name: Marl: Rauscher Titie: Assistant F�re Director APP�20VED AS TO FORiVt AND LEGA.LITY: $y_ G���,�,.�� Name: Christopher A�stria Title: Assistant City Attomey COVTRACT AUTHaRIZATION: M&C: N/A Form 1295: \/A flFFIG1�1L RECORD �1T�' SECRETARY 10 FT. WORTH, TX // t , 20 �/ 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 pertormed 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 E7�IBIT B PAYVIENT SCHEDULE FORT WORTH. ��'!'�- BID SOLICITATiON EvontlD .___ _.___ __..P�9�I c: wot-ai-oi�� Event Round Version - - 1 Evcnt Namo --� �- - ae^'tt R c.r . coc:na cor o.rlind.�rr: StartTimo � FinishTlmc o3%1D%zo21 o9:'so:ao cmr op��-,'<oal na;so:no Cnr Invited: PU6UC EVEP4T DETAILS SubmR To: Ci2y of Fot; Worth FINAfYCIAL MANAGcMENT SERVICES FINANCE - Purcha5ing 200 Texas S� (Lower Level, Spvchj Fort V1�Orth TX 76102 United States Email: FD,95PurchasingResportses@fortwoRhlexas.gnv Lino: 7 Dcscription: . Qty UN[ UnitPricc Total 4500 PSI SCBA Hi h Pressure H ��� -�" - -- 9 ydrotest, per 300.00 E:. cylinder —� ��.� _�� '] �JL' Ltnc: 2 Description: Qty . Unit UnilPricc 7�y SCUBA High Pre:suro Fiydrotest, per cylintler 50.00 [A • ?•-�� t ��J Linc' 3 Doscriptioa: Qty Unit UnitPtico Totai 02 H dro D) SiZC 02 Hi h Pressure H � -� �--�" --- ---- Y ( 9 yCrotest. -. ....-. 550.00 EA per cylindor � ' Y� / S-ii _i t =f�/SG L/`� LinC: 4 Doscription: _ __ _ Qty Unit_ UrtiWrice Total TeOon O-nng �� 750.00 �p, � - -� -��'-- /�/v r �c -�- Line: 5 Ocserfption: _.__ _ Otv Unit UnStPricc TeLil Rubbcr O-ring 300.00 � cq "'� /�,!� Fcc �} Lirte: 6 ___. .._. ... _.-- Descripclon: QN Unit UnitPriee ToLal -- _ .._.___ 4500 PSI Hydrostalic tost. DOT (I� Sizc or 25.pq Eq similar, percylintlCr � C_ r`---- � d Lino: 7 similar, per e/linder Lest. '.`�� � ����5�� Lino: 8 Descriptfon: Qtv Vnit UnitPriec Totxl Edtly Currenl InspecUon, per cyhndcr 7C0.00 EA -�-- -- lQ, �.._. � i�i 7 A hid of "0" fzero) ivill he in[erpreletl 6y the Giry as a no-Uarge (f:ee) dem antl the Gry vnll not rxpec[ to pay tor that item. A bid of "no bitl" or no response (space left binnk) �vBI be dnterpreted by the Ciry that the Offeror does not wish to bid on that item. Be advisetl, a'no bid" or no response may be considered as no�*res0onsive and may result in dispuai�cafion of the buf. RFQI 21-0779 Hy4roSLa:ic Te,ting for Cylinders PatJc 3 0( 18 'cocal Hi� Aso+._-ntc �� cJ� -t � / � 12 EZ�IT C CIT'Y'S RFP NO. FORT WORTH �- COVER PAGE EventlD pa�� c=wci-�i-cn4 I EventRound Version InWted: PUBLIC EVENT DETAILS Event Nama : H:�dro�tat ��tinc ! _indrr:: Start Tima � � Finish Time G'?/:0;2n2: �y:30:C0 C�T. . . ^.?i'-7/20_'1 G+�:30:C0 CDT submit To_ Ci[y of For VR+on,h FINANCIAL M1ftANAGEP�3E� iT SERVICES FINANCE - Puvchasana 200 Texas St. (Lo�r.•er Level, Sou�) FOR �North TX 76102 United States Email: Fh1SPurchasingResponses@forS:+or4htexas.gov Event Description T'he City of Fort Vdorth seeks bids to finalize an Agreement for Hydrostatic Testing for SCBA_ SCUBA artd Oxygen �ytinder for the Fire Departmen[ on an as needed basis. 5ubmission Requirements and Deadlines All companies/individuals wishing to do 6usiness �vkh the City of rort Worth must register as a Bidder on �e PeopleSoh Supplier Portal. Please visit https_,5'ti;^�,�v.forf.vonhtexas.govidepartmen�nancelpurchasingr'register tor more iniormation. Assigned Buyer: A'ja Robertson There is no a Pre-Bid Conference Tor this bid. Completed Quote must be received in the Purchasing Division, 200 Texas Street. Fort Worth, Texas 76702 by the above "Finish TimelEnd �a4e Time". Quoies must he submitted via email ao: fmspurchasingresponses@fortwoRhtexas.gov or faxed to 817-392-0440, addressed to the Buyer, and have the RFDt Number and "Finish Time'End Date Time" cPearly marked on the email subject and/or fax cover page. �ate quotes rnll not be considered for a+vard unless bidders are notfied other�t�se. Late quotes •.vill be retumetl or destroyed. Quotes may be �.vithdra`m at any time pnor to the official opening by •.vriT.en notificaiion. Quotes may not be altered. amended or �vithdraym after the "Firnsh Time,�End Daie Time"_ Quote mus£ be submftted on this form. Freight and at� other delivery charqes shall be inclutled m the w�it pnce(s)_ The Cify is exemp[ irom FederaE Exc6se and State Sales Ta�c, therefore, tax must not be included in the quote pnce. Iterns quoted must meet or exceed Ciry of Fort Vl'orth Specificatlau; however, 7he CiTy of Fort V>>oAh may wnsider and accept altemate quotes if specified herefn �a�hen most advanfageous to the City. The Cfi� reserves the nght. hotivever. to hold to Ciry Specifications and to tletermine'or eqaal' s[atus. 7die City reserves the nght to accept or reject in paR or whole any quote submittetl. and to ^r.aive any technicalities tor the best interest of the City. SoEicitation Documents CoverPage Bid Submission Signature Page" Bitl Solicitation" Part I Purchasing Agreemen4 Specifications Part II- Scope of ServiceslSpecifications Attachment A- Conflid of Inieresi Disclosure Requiremenf"' Attachment B- No Quote Sheet AttaGimeni C - Reference Sheet Attachmenr D- Bitlders Qualification Questionnaire Attachment E- Drait Service Agreement, attached as a separate document "Required to be completed and submitted. See Section 17.Q, Quotations of PaR 1 for lis: oi all required documents that shall be submitted �vith quote. Failure to submit all items �vill be grounds tor rejection of a bid as non- responsive to the specifications. 13 FOR7' WOR"I'H . �T`- BID SOLICITATION _ __ _ _ - _ ----a _ _ EventlD Pagel cro-:sz-^�-o:-� Event Round Version 1 : Event Name _ _ _ _ _ _ _ _ _ _ HE�c H:drescnCic resiln. Lor C:_'_nders IStart Time Finish Time 09l1C/_0__ ra;?G:CC CDT 09/17i20?1 02�3�:00 CDT I InVited: PUBLIC E{lENT DETABLS Submit To: City of Fort W'orth FINANCIAL F.4ANAGEIl4EP!'T SERVICES FINC.NCE - ?urchasirig 200 Texas S.. (Lrnver Level, South} FOR Worth TX 76102 United States Emafl: FI1ASPurchasingRsspons?s�torfaoRhtexas_gov Line: 1 Description_ �tv Unit UnitPrice Toml 4500 PSI SCBA High Pressure Hydrotest, per 300.OD Ei� cyfinder jI�I � !--.�.... � Lme: 2 Description: ON Unit UnicPrice Toral SCUBA High Pressure Hydrotest. per cylinder SO.QO EA � � Line: 3 Descriptlon: �ry Unit UnaPrice Total 02 Hytlro f�) Site 02 Higb Pressure Hydrotest, 750.00 EA per cylinder � l I �� Line: 4 Description: Qn Uni[ UnicPrice Tocal Teflon 0-ring 150.00 EA � I� Line: 5 Description: Oty Unit UnifPnce Total Rubber O-ring 300.00 EA � L. ._ ._ . ._ _..... _1 Line: b Description: pry Unit UnitPrice Total 4560 PSI Hydrostatic test, DOT (K) Size or 25.00 6i similar, per cylinder � I� Line: i Description: ON Unit Cln¢Priee Sotal 6tJQ0 PSI Hydrostatic test, DOT (K) Size or 25.�0 EA similar. per cylinder � � Line: E Description: _ . __ _ Qry Unit UnicPrice _ - -- Etltly Current InspeMion, per cylintler 100.00 EA � A bid of "0" �zero) vrill be interpreted by the City as a no-charge (free) item and the City �uiJ not expect to pay Tor that item. A bitl of "no bitl" or no respon52 {spaCf Ief, blank) will be in.erpreted by tne Cu,� that the Offeror does not vrish :o hid on thai rtem. Ee ativised, a'no biQ" or no response may be cons�tlered as non-responsive and may rewfi in disqualification of the bitl. RFat 21-0179 Nytlroscatic 7esiing tor Cylinders Page 3 of 18 To:.�1 aia amuatc _YD4a1___ ... � _ --..__ 14 PART —1 PURCHASING AGREEMENT SPECIFICATIOPlS 1.0 SCOPE 1.1 The Ci4yof FortWorth (City) seeks bids to finalize an Agreemeni to provide hyd�astaUc testing for SCBA. SCUBA, oxygen cylinders, and large D.O.T cylinders for the Fire Department. The successful bidder(s). kno�vn hereafteras "Contractor'!'Vendor." i2 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 wiih the provisions oi this Agreement. This Agreement may be renewed under the same terms and conditions for four additional one year periais. unless City of Vendor provides the other party •�vith no2ice of non-rene�.ti�al at least 60 days before the expiration of the initial term or renewalperiod. 1.3 Follo�ving the av✓ard. additional services of the same general category ihat could ha��e been encompassed in the a�.a�ard oi this Agreement, and thai are not already on the Agreement, maybe added based on the discount bid and price sheet provided •roi?h the bid. 1.4 Unit prices shall include all costs associated lviih the specified �vork, including bui not limited to ha�dling, delivery. fuel charges. fees and certification fees. No additional charges wiil be accepted or paid by the City. 1.5 The submission of a quote by the bidder shall be considered evidence of compliance v✓ith these requirements. � . . •- • .� 2.1 The Vendor hereby agrees to provide the City �vith requirements attached he�ela arec� incorporated for all purposes incident to this Agreement ir� Part - 2, Scope of Services/Specffications and Attachment E. Draft Vendor Service Agreement, more specificatly describing the services to be providedhereunder. [� 1� . •t�'d� idl� •: • lli 3.1 The Vendor shall notify the City's Purciiasing Manager, in tivriting. of a company name, oeromership, or address change for the purpose of maintaining updatet! Cityrecards. a he president of ihe company or au4horized official must sign the letter_ A letter indicatina changes in a company name or ov.mership must be accompanied ��vith supparting I?�al documentation such as an updated W-9, docucnenFs filed •wvith the state indicatingsuch change, copy of the board of directoe"s resolution approving the action, or an execuied merger or acquisition agreement. Failure to do so may ad�ersely impact future invoice payments. '�I�q_�T►�l�:�X$i1�` • � _ � � • : � � = � 4.1 The Vendor shall be responsible for meeting all Federal: lativs, ordenances andregulations; State: Iaws, ordinance and regulaEions: County: laws. ordinances and regulations; and Cit}: la�vs, ordinances, and regulations for safety of people, environmenT, and property. This includes, but is noi limited to, alI Federal, Sta4e, County, and CiEy Agencies. Administrations and Commissions such as the Environmental Protection Agency (EPA). Occupational Safety and Health Administration (OSHAj, and the Texas Commission on Environmental Qualiry (TCEQ). In the event any lay.�, regulation or ordinance becomes effective after the star: of this Agreement, the Vendor is required to comply �rrith netiv policy_ Any mandates requiring the City to comply �vith nevr guidelines tivill also reqaire the Vendor io comply. RFQt 21-0179 Hydrostatic TesSrs� for Gy(inders Page 4 0` 18 15 •[$���I�1 e � u � g.� The unit prices may be adjusted for increases or decreases in Vendor's cosi during tE�e renewal period but before the effective date of the rene�:✓al upon v.Titien reqaest fraen the Vendor. �.2 The Vendor must submit its price adjustmen, request, in titiriting. at least 6Q days before the rene�val effective periad. The Vendor shall provide r•�ritten proof of cost increases tivith price adjustmentrequest. 6.3 If ihe Cityconcludes that the rate increase being requesied is exorbitant, the Cryreserves the right to adjust the rate request, or eejec: the rate request in its entirety and al0ov✓ the contract to expire at the end of the contraci term. If the City elects not to exercise the renewal option, the Purchasing Division tivill issue a newsolicitatiora. 6.4 Prices bid shall remain firm for each one-year tertn of theAgreement and shall include all assocfaied freight and deliverycosts_ �.� Prices offered shall be used for bid anatysis and for Agreement pricing. In cases oi errors in extensions or totals, ihe unit prices offered �r.�llgovern. 6.6 Upon expiration of the Agreemeni term the successful bidder, agrees io hotd ovee uneEer the terms and conditions of this Agreement for a reasonable period of lime to alfow ;he city to re-bid an agreement, not to exceed ninety (90i days. Vendor �r✓ill be reim6�rsed for this servic? at the prior agreement raFe(s). Vendor shall remain oblig�ted to the City under all clauses of 4his Agreement that expressly or by their nature extencEs beyond and suroives ihe expiration or termination of this Agreement. g.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior vnitten notice to the City. 7.0 QUANTITIES 7.1 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicale intent to purchase or a guarantee of future business. The Cty 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 Cit,. :� . _. - � u . 8.1 The Vendor shall carry insurance in the types and amounts for the duraiion of ThEs conVact as listed in the draft service agreemenF. Attachment to this solieitation, and furnish certi5cates of insurance along with copies of polEcy declaration pages and �alicy endorsements as evidence thereof_ 9.Q PERFORMANCE 9.1 Failure of the Cityto insist in anyone or more instances upon per%rmance of anyofthe terms and conditions of this Agreement shall not be construed as a vraiver or relinquishment of the future performance of anyterms and condiSions. but theVendor's obligation with respect to such performance shall continue in ful! `or� andeffect. RFQt 21-01 i 9 Hydrostafic Testing for Cytinders Page o of 13 �� 10.0 COMPLAINTS 10.1 Complaints processed through the Ci�y Purchasing Division are to be corrected rvcih9n fourteen (14) days of formal notice of complaint. Written response to the Purchasing Division is required. Failure to properly resolve complaints rv�thin the fourieen ('G4) calendar day time period may result in the cancellaiion of the appficable line item(sy in the price agreement. 11.0 COOPERATIVE PURCHASING 11_1 Should other govemmental entities decide to paricipate in this Agreement, Bidders, shall indicate in their bid response �vhether they agree that all terms, conciitions, speci�ication, and pricing �,o�ould apply. 112 If the successful Bidder agrees to extend the resulting Agreement to otFier govemmental entities, the follo:ving �a�ill apply Govemmental entities +n�ithin utilizing agreements :>�ith the City of Fort Worth will be eligible, but not obligated. to purchase material/sen�ices under i4iis Agreement(s) ativarded as a resultof 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 FoR Worth v✓ill not be responsible for anoEher governmental entity's debts. Each govemmental e�tity �.+�ill order its o��rn materiaUservices asneeded. 12.D NO BOYCOTT OF ISRAEL 12.1 If Vendor has fewer than 10 employees or this Agreement is for less than $10d,000, this section does not apply. Vendor ackno�vledges tha6 in acxordance v.�ifh Chaptsr 2271 of the Texas Government Code, the City is prohibited from entering into a contract v.ri#h a company for goods or services unless the contract contains a�ririttero verificafio� irom the company that it: (1 } does not boycott Israel; and (2} �r,�ill noi boycott Israel during the ierm of the contract. The terms "6oycott Israel" and "company" has the aneanings ascribed to those terms in Section 2271 of the Texas Government Code. 6y signing 4his Agreement, Vendor cert6fies that Vendor's signature provides written verificatiore to the C¢ty tfiat Vendor: (1) does not boycott Israel; and (2) will not boycott lsrael d�arir�g 4he term of the Agreement 13.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 13.1 Vendor acknowledges that in accordance k�ih Chapter 2274 of ihe Texas Government Code, as added by Acts 262i, 87th Leg.. R.S_, S.B. 13, § 2, the City is prohibred from entering into a contract for goods or services that has a value of S100,OOQ or nnare that 9s to be paid �.vholly or partly from public funds of the City tivith a company :a�ith 90 or more full- time employees unless the contract contains a written verification from the cosnpany that it: does not boycott energy companies: and (2) will not boycoti energy companies during the term of the contract. The terms "boycot� energy company' and "company" have the meaning ascribed to those terms by Chapter 2274 of the iexas Government Code. as added by Acts 2021. 87ih Leg., R.S_, S_B. 13, § 2. To ihe extent Ehat �haptes� 2274 of the Government Code is applicable to this Agreement. by signing this Agreemenl. Vendor certifies that Vendor's signature provides �vntten verificatian to the City that Vendor {1) does not boycott energy companies; and {2) 4vill not boycott energy companies during the Ferrra of this Agreement. 14.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARA+I AND AMMUNITION INDUSTiRIES 14.1 Vendor acknotvledges that except as othenroise provided 6y Chapter 2274 of the Texas Govemment Code. as added by Acts 2021, 87th Leg_, R.S., S.6. 19. § 9. the City is prohibited from entering into a contract for goods or services that has a value of S10fl,000 or more that is to be paid +n�holly or partly from public funds of tfie City with a company vaith 16 or more full-time employees unless the coniract contains a iRitten verification from the RFQt 27-0179 Hydrostatic Testing for Cylinders Page 7 of 18 17 company that it: (1) does not have a practice, policy, guidance. or directive rhat discriminates against a firearm entiry or firearm trade association: and (2) will not discriminate during the term of the contract against a firearm entity or zirearm trade associafion. The terms "discriminate.'�'firearm entiry� and'frearm trade assoclation' have the meaning ascribed io those terms by Chapter 2274 of the Texas Go�emrrient Code, as added by Acts 2�J21. 87th Leg., R.S.. S.B. 19. § 1. To the extent that Chapter 2274 of the Goverrment Code is applicable to zhis Agreement, by signing this Agreement, Vendor ce�es �hat Vendar's signature pro��ides tir•ritten verification to the City that Vendor: (3) does not have a practice, policy, guidance, or directive that discriminates against a firearm eniity or firearm trr�de association; and (2) �vill not discriminate against a firearm entity or firearm trade associafion during the term of this Agreement. 15.0 BIDDER OUALIFIGATIONS 15.1 The follo�r�ing information must be submitted as part of the bid pau�cage and shaU be supplied in the following order. Failure to provide the information below �r�il9 deerra tne bid as non-responsive. 15_1.1 Number of years in business (i_e SecretaryofState) 15.1.2 Bidders shall provide evidence ihat ihey are duly qualified and capable to fulfil0 and abide by the requirements listed herein v✓ith the �id. The bidder shall demonstrate its a6ility to secure and perform the services tivithin tfie del[very requirements specifiedherein ` 15_7.3 Detailed explanation of inethodology Vendor �vill use to provide all necessary labor, material, personnel and equipmeret to perform the hydrostatic testing service 15.1_4 Documentation shativing the Vendor D.O.`u . ceRified as a cylinderrequalification faciliry and a copy of their D_O.T. letter �vith Requalifier ldentifica[ion Number_ 15.1.5 In order to receive bid au�ard consideration, the bidder shalB maintai�sufficient resources to fulfill normal City af Fort �.NoRh requir=ments. 16.0 METHOD OF AWARD 16.1 Bids �vill be evaluated based on the bidder who offers represents the "besT val�e� iothe City. A responsible bidder is defined as a bidder that: 16.1.1 Meets alI the requirements listed in Section 15.0. 16.12 Submits a campleted bid �.vithin the stated deadline and in accordance �.vith the bid specifications. 16.2 Bids that do not receive �0% or more of �he rotal avaflable points excludsng the poinEs for price +.vill be deemed nonresponsive. The follo��vin5 criteria v✓iIl be considereai 40 determine the best value: 16.21 Cost of service — up to 50 pointsavailable 1622 Bidder's qualification. experience, and references - up to 26 poinis availa�Ee 162.3 Bidder s availability of resources to provide senrices (equipment, �ersonnel}— up to 15 points available 16.2.4 Bidders approach to perform services— up to 95 pointsavailabte FFp[2�-Oi79 H,tlrosut:c7esung'orC;�inders Page 8 0:` 16 I8 16.3 In order for the Cityto receive adequate coverage on its requirements as specified in the solicitaiion, the Cityreserves the right to makemultipleawards. 16_d 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. Avrard may be made ����ithout discussion W�rith Bidders after bids are received_ Bids should, therefore, be submitted on tfie most iavorable terms. 16_6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder �vith the City itself, another municipal corporation of like size, or private corporations during the past ha�o-year period. Such preca�ions are deemecBto be in the public interest inasmuch as Vendor failure or inability to furnish items �nrithin the preseribed time can create emergency situa6ons 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 Questio�s September 14, 2021 at 5PM Local Time Ans�ver deadline September 1b. 2021 RFQt Due Date September Z 7. 2021 at 830AM Local Time Bid E�raluaUons 5eptember 20 — September 27. 2021 Reeommended VendorSelection Se�tember 2021 Contract Execution October 2021 17.0 QUOTATIONS 17.1 Bidders shall submit the follo�ving items v✓ith 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; 17.12 A completed Btd Solicitation Page: 17.1.3 AcompletedandsignedoriginalConflictoflnterestQuestinnnaire,�ttachmentA: 17.1.4 A completed Reference Sheet, Attachment C 17.1.5 AcompletedBidderQual�cationQuestionnaire,Attachmen4 D: 17.1.6 Documentafion showing the Vendor D.O.T_ certified as a cylinderrec�ual�cation facility and a copy of their D.O_T. letter with Requalifier ldent�ficatioro Number_ 17.1.7 Detailed explanation of inethodology Vendor will use to pro�ide all necessary labor, material, personnel and equipment to pertorrn the hydrostatic testingservices; 17_1.8 Documentation sho�a�ing companyhas been in the marketpfaceiora minimum oftwa (2) years (i.e. Secretary of State). 17_1.9 Sc�dnned copy of alI documents Iist�d in paragraph 17.1 ¢� fYash drive. 17.2 Failure to submitthe items listed in Sec6on 17.1 will be grounds for reiection of a bid as non-responsive to thespe�cations. 18.0 QUESTIONS 1°_1 Questiorts, expEanations or clarifications desired by a Vendor regarding any part of the bid must be requested in writing from the Purehasing Divisian by 5:00 PM on RFQt 2�-01i9 Flydrostatic Testing for Cytmders Page S o118 19 September 1A, 2021. Request can be send to Ihe follo�.ving: A'ja Robertson, B�ayer. FMSPurchasingResponses@fortworthtexas.gov Reference RFQt 21-0179 City� of Fort VVorth Purchasing Division Attention: A'ja Robertson 20Q Texas SVeeF Fort Worth, Texas 76102 Facsimile: (8'17) 392-8440, Attention: A'ja Rober'son RFQt 2�-0779 Hydrestatic Testing fw Cyiinders Pa�e id o"IS � PART 2- SCOPE OF SERVICESlSPECIFICATIONS 1.0 VENDOR SHALL MEET THE FOL OWING REQtlIREMEI�T 1.1 The vendor shall be D.O.T. certified as a cylinder requalifocation facilidy and must provide a copy of its D.O.T. letter with Requalifier ldentification 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 si�es throughout the Ciry. 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 aIl other local, state and federal regulations. 1_4 The vendor shall provide the Fort Worth Fire SCBA Air Shop an elecgronical spreadsheet, PDF o� printed list of all cylinders tested with the resuVts including the pressures and expansions recorded for the SCBA cylinders within 5 business days oftesting. 1_5 Vendorshall perform hydrostatictesting Monday-Friday 8:OOAM-5:OOPM, exclvdingholidays. 2.0 CYLINDER TESTING SHALL M T TH F� �WII� REQUIR M I�TS 2.1 Cylinder shall be examined to ensure it can safely hold it pressure_ 22 Cylinder shall be filled with a nearly incompressible liquid. in roiost cases water, pressurizing the cylinder and examined for leaks or perrnanent 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 extemal inspection in accordance �.vi�h 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 4he ne�:� hydrostatic test date in a manner that remain legible until ih2 ne7ct tes4 date or end of service of the cylinder. 3.0 GYLINDER REJEGTION 3.1 The Vendor shall reject a cylinder tivhen, after a visual inspection. it meets a condition for rejectio� 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 L�CATIONS 4.1 Hydrostatic testing may be perFormed at the locations listed beloY�r. 4.1.1 FWFD Air Shop- 400 Grand Ave. Fort Worth, Texas76164 4.1.2 Bob Bolen Public Safety Fire Training- 505 Vsf Felix St. Fort Worth. Texas7611� 4.1.3 FW FD Equipment Services Shop- 2930 W. Bolt St. Fort Worth, Texas 76'110 4.1.4 FWFD Station 32- 10201 White Settlement Rd_ Fort Worth, Texas76108 RFQt 21-0179 Hydrosfatic Testinp for Cylinders Page 11 of'!8 21 ATTACHMENT - A CONFLICT OF INTEREST DISCLOSURE REQU➢RENfENT Pursuant to Chapter 176 of the Locaf Government Code. any person or agent of a person :a�,o conuacts or seeks to con4ract for the sale or purchase of property. goads, or services v✓ith a Iocal goverramental entity {i.e_ The City of Fort Worth} must disclose in the Questionnaire Forms CIQ ('Ques6onnaire'} the person's affiliation or business relationship ihat might cause a conFlici of inierest �n�ith ihe local governenental enUt}�. By lavr, the Questionnaire must be filed with the Fort Worth City Secretary no fater than seven days after the da�e the person begins contract discussions or negotiations v��,�ith the Ciry, or sc�bmits an applicaiion or response to a request for proposals or bids. correspondence, or another v�riting related to potential agreemerK �vith ihe City. Updated Questionnaires mustbe filed in conformancev��th Chapter 176_ A copy of the Questionnaires Form CIQ is enclosed tivith submiFtal documents_ The form is also availabie ac https://ww�,v.ethics.state.Uc.us/data/forms/conflicUCIQ pdf If you have any questions about compliance. please consult your o:m legal counseE. Compliance is the individual responsibility of each person oe 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 Conffict uf Interest in any business eelationship that you rnight have with the City, state Vendor name in the # 1, use NIA i� 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 Cyd'mders Page '12 OT 18 22 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with locai governmental entity This questionnaire reflects changes made to the law by H.B, 23, 84th Leg.. Regular Session. OFFlCE USE ONLY This questionnaire is being filed in accordance v.dth Chapter 'I i b. Locai Govemmenl Code, by a �endor ,vho Date r.e�eiL•e� has a business relationship as defined by Section 476.�01fT-a) �xRh a local govemmentaF entfij and tiw_ vendor mee2s requirements under SQction 176.00c{.a}. By lav: this questionnaire must be ;iled v.4;h the records adminis'.rator of the (ocai govemmental ent.ry� no: lafer than the 72h business day after the date the vendor becames a+.afe o` facts tha; require the staiemen; ta be filed. See Section 176.0�6(a-i ), Local Go�emment Code. A vendor commits an offense if the vendor knovnngly �•iolates Section 17E.40"c, Local Govemmerrt Code. An oifease under 13iis sectlon is a misdemeanoc � Name of vendor who has a business relationshio with local aovernmental entitv. � cnecK tnis pox it you are tnmg an upuate to a previousiy tuea questionnaire. �; i ne ia�.v requires m�t you me art upoa�ea completed questionnaire •s,�th tl�e appropriate filing authoriry not laier U�an the 7th business c7ay atter tne date on �,a�hich you became a�.vare that the onginally filed guestionnaire �.ti�as mcomptete or in�curat?.) 3 Name of local aovemment offlcer about whom the tnformation is 6eina dicclosed. Name of OYcer 4 Describe each emolovment or other business relationshio with the local aovernment officer_ or a familv member of the o�cer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local govemmerrt officer, Complete subparts A and B for each employment or business relationship described. Attach additionaB pages to this Form CIQ as necessary. A. Is ihe Iocal govemment officer or a family member of J�e officer reeeiving or Iikely to recei�e taxab4e income, other than investment income, from the :�endor? � YBS � NO B. Is ihe vendor rece6ving or likel� to receive 2axable income, oiher than investmenx income_ �rom or at the �ireciion of the local govemment officer or a family member of the oificer AND the taxable income is not ¢eceived ;rom tS�e local govemmental entrty? � Yes � No 5 Describe each emolovment or business relationshin that the vendor named in Section 1 maintains rrith a coruoration 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. 6 �Check this box if the vendor has given the local go��ernment oificer or a family member of the QfScer one or more guRs as described in Section 176.003(a)(2)(Bj, excluding gifts deseribed in Section 176.0�3(a-1 }. 7 Signature of vendor doing husiness v.nth !he govemmentat en5ty �� nrv� � r� i r� nyarvs[auc i esung ior �„�nnaers Page 13 0"18 23 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete cop}� of Chapter 176 of the Local Government Code may be found at http:/h.vvr.v.siatutes.tegis_siate.tx.usl Docs/LG/htm1LG.176.htm. For easy reference, belrn.v are sorne of the sections cited on this form. Local Govemment Code § � 76.001(1-a): "Business relationship" means a connection be�:✓een �;✓o or more parties based on commercial activity of one of the paRies. The term does not indude a connection based on: (Al a transaction that is subject to rate or fee regulaGon by a federal. state, or local governrnental entity or an agency of a federal, state, or local governmental enfity; (B) a Vansaction canducted at a price and subject to terms a�ailable to the public: or (C) a purchase or lease of goods or services from a person ihat is chartered by a state or federai agency and that is subject to regular examination by. and reporting ta ,hatagency_ Locat Government Code 6 7T6.003(a1f21fA1 and fBl: (a) A local government officer shall file a conflicts disclosure statement •�vith rasp?cY io a vendor if: (2) thevendor: G41 has an employment or other business retationship ��ith ihe local government officeror a family member of the officer thai results in the officer or family member receiving laxahle income, other than im�estment income. that exceeds 52.5Q0 dunng tfie 12-montfi� perio� preceding the date that the o�cer becomes a•s�are that (i) a contract betwreen the local govemmental entity and vendor has been executed: or (ii) the Iocal govemmental enuty is considering entering into a con�ract vrith the vendor, (B} hasgiventothelocalgovemmento�cerorafamilymemberoftheofficefoneormaregifts that have an aggregate value of more than 5100 in the 12-month period preceding the date the officer becomes a�:✓are fhat: (i) a contract bers�een the local governmental entity and vendor has been execuied: or fiij the local govemmental entity is considering eniering into a contract wi4h the vendor_ Local Government Code S 176.006(a! and (a-11 (a) A vendor shall file a completed conflict af in4erest ques5onnaire if the r�endor has a business rQlationship s✓ith a local goe•emmental entity and: (1) has an employmen2 or other business relatEonship with a local government o�cer of that Iocal governmenial entity, ora family member of the officer, described by Secfion 176.003(a)(2}(FS); (2) has given a local go��ernment ofticer of that local govemmeRtal entity, or a family member of the officer, one or more gifts�r.�i`�Fr the aggregate value specified bySection 176.OD3(a){2}(B j, exdudirr� any gift described by Seciion 176.003(a-1 }_ or (3} has a family relaEionship �.vith a local govemmeni officer of ihat local governcnental en?ity. (a-'I ) The completed conflict of interest questionnaire must be filed •�vith the appropriate records adminisfraior not later than the seventh business day after the 6ater of: f,1) the date that the ��endor: (A) begins discussions or negotiations to enier into a contract uvith the Iocal �Cov=snmenoal eniity; or (B) submits to the tocal governmen�al entity an apptication, response to a raquest for proposals or bids, corcespondence, or another �vriting related to a potential cantract i•✓ith ihe local gavernmental entity; or (2) the date the �rendor becomes a•,vare: (Aj of an em�loyment or other business relationship v,rith a local govemrreent officer, or a family member of the o�cer. described by Subsection (a): f,B) 4hat the vendor has given one or more gifts described by Subsec`ion (a): or (C) of a familp relationship �,a�ith a bcal government officer. nrt.; n-ui � � Mydtp$T3iIC �i MO�fj Tp.' (:Yhf1tlP'S Paqe 74 of 18 24 ATTACHMENT — B NO QUOTE SHEET (Please complete this form, only if, your firrn has chosen not ;o submr a bid} A'ja Robertson,Buyer Purchasing Division Fax No.817-392-8440 E-mail address:FMSPurchasinqResponsesCa�fortNorlhtexas qov If your firm has chosen not to submit a bid eor this procurement, please complete this form and submit to- City of Fort Worth. Purchasing Division 200 Texas Street Fort Worth, Texas 76102 {or fax to above address} Please check the items [hat apply: 0 Do not self the item(s) required. 0 Cannot be competitive. O Cannot mee4 the Specifications highlighied in the attached Bid. � Cannot provide Insurance required. 0 Cannot provide Bonding required. Q Cannot complyv:ith Indemnificaiion requirements. 0 Job too large. 0 Job too small_ 0 Do not wisM to do business with the City. 0 Other reason. Company Name: Authorized Officer or Agent Signature: Telephone: L _} _ FAX Number. ( _) _ _ RFQt 21-0179 H•ydrostatic Tes;ing for Cylindevs ?age 75 of t8 25 ATTACHMENT-C REFERENCE SHEET Bidders shall provide a reference list of a minimum of three !3) current customers {comparabPe in siz2j r,vho the bidder has recently supplied subject item(s)land or services on a continuing basis over a receni hvelve (12) month period. The City will be the sole judge of references. Please use additional sheets ii necessary. Company's Name Name of Contact Title of Contact Present Address Giry, State, Zip Code Telephone Number Email 2. Companys Name Name of Contact Title of Contact PresentAddress City. State. Zip Code Telephone Number Email 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number Email ( } Fax Number ( ) ( ) Fax Number f D Fax RFQt 21-0779 Hydrostatic Testing for Cylinders Page'lo of 1E 26 ATTACHMENT-D BIDDER'S QUALIFICATION QUESTIONNAIRE 1. Date your companytia�as established?. 2. How many }�ears E�as your organization been in business under its preseniname? a_ List anyformer names your organization has operated under and ihe timeframe(s). 3. Have you ever defaul4ed on a contract? If so. �vhy�,�ere you unable to fuffill the obligation? 4. Please provide in a separate attachment documentation showing yourcornpa�y has been in 4he marketplace for a minimum of two (2) years (i.e. SecretaryofState}_ 5. Can your company fulfil the specifications listed in sections 1.0-3_0 on page 11? Please provide a detailed explanation of inethodology Vendor will use to provide all necessary labor, material, personnel and equipment for the hydrostatic testing. � Yes � No 6. Is your companya D_O.T. certified as a cylinder requalification facili6y? If so, please provEde a copy of your D.O.T. letter with Requalifier ldentification Number with your bid response. QYes � No RFQt 21-0179 Hydrostatic Testing for Cylinders Page 17 of 1 E 27 ATTACHMENT E- DRAFT SERVICE AGREEMENT The draft service agreement is attached as a separate document. Rrot 21-0179 Hydrostatic Testing for Cyiinders Paae 7s ot �3 28 EXHIBIT D VENDOR'S RESPONSE TO CITY RFP NO. FORT WORTH ~'!''- BIQ SUBM�SSIO(� SIGNATURE PAGE Event ID . P� Invited: PUBLIC EVENT DETq[LS -� ai-z:-�•�n Even[Roun�t Version �� _ � Event Name --- � - - — �r,r. ±-:•d,o.:c.,cic x�--:.n� =or �•i+za.--r SubmitTo: CityolFoR4VoM StaR 7imc FinisA Time FINANCIAL MAN.'1GEMENT SERVICES ,oiioizo;.i oe:�a:oc Ccr o._;.-,�r2' n�_.�ge.nn cn- FINAN � - CE - Purchas:� 200 Texas St {Lnwer �eve1 Sarth) FoR WoRh TX 76102 Uruted S:etes Email: FMSPurchasingRespoz�ses@tornvorthtezas.gov The undersignetl, by� hisfher sPgnature, represents tha; helshe is submzting a binding aBer and is authorized to 6ind the respo�dent to ful�y compiy vri(h the solici;ation documert! con,amed herein. The Responden� by submitting and signing below, ackro.,dedgps thal he/shc has received and reatl the en[ire Cocumen: packeF secGons defined above inGUCmg all dacur.ients incorpprdted by re`erer�, arid agrees ,0 6e bound 6y the terms therein. i Lega! Compan� Name_� /L���� -/( .��ST�� J� G�� CompanyAddress: C�i /r/�S'��=- G/L! — Ciry� Sface. ZP:�jl.J� !� /x �%r.��S(� Vendor Registration No. :175 T Printed /NJa�me of O�cer orAulhorized Representativc: _GCi�.__C.N%'S Title: L-C,�l �; l 1 � Signature of Ofticer rAuthonzetl Representativ � � �lL� Date: 6' Z � � cmailAtltlress: S�(//i'l� � /� � ' `; F ��,/J (�%�,y? Phone Number: � '�� � �j�7 f Fede21 Identification Number (FID}: %� — ��� Will ag2ement be available for Cooperative Agreement use? Yes /No RFOt 21-0779 HyCrustafic Testirg for CylNders Pa�e 2 ot �8 29 FORT WORTH. �'T`'—� BID SOLIG{TATION EventlD � � Pagc CF'1101-''1-9' 79 ' Event Round Version � � � -� 1 1 Evenl Neme - � - F.?Cr. 3vdrestatic ?escina fnr C✓lincers � StaR Time Firtish Timc - - �. �9/10Y2G21 Q6:3C•:00 CDT 0'.�,�17!<_�21 Oe-3a�o(I [77T Llne: � �escripfion: p�Y 4500 PSI SCBa High Press�re Hydrotest. per 300.00 cyllnder Line: 2 Uescription: p�, SCUBA High Pressure HyCrotes,, per cylinder SO.OQ Invited: PUBLIC EVEtYT DETA�ILS Submit To: City o` Fort WORh FINANCIAl. 6�WNAGEtvtENT SERVtCES FINANCc - Pu�ct:asing 200 Texas SL (Lower Level, Soathj Fort VVarth TX 761 �2 United States Email: FMSPurcha,i�gResponses@forhaortEi[e�cas_yrov . UnR _ UnitPriee TotaP � � �-S�_ % %v�� Unit UnitPricc Tpt�� EA �_ � � ��s Line: 3 Description• ph, 02 Hytlro (D) Size 02 High Pressure Hydrotr.st, 150.00 per cytindcr Line: 4 Oescription: Teflon O-ring -� � � � � t SO.OD Unit UrtitPrice 7ota1 EA �7i �- . __ a��sr� Unit _ . flnitPrice Totai :l�. . nb� --� I Line: 5 Description: Rub6cr O-ring _ QN Unit llnitPrice Total 300.00 EA II� rGG I .� _ __I Linc: 6 Dvscription: Cttv Unit UnitPricc 7otaB 4500 PSI HydrostaGc [csl. DOT (I� S¢e or 25.00 EA �-�- �-� �� -� -- simiEar,percytinAr.r �� j�,.i� � � Lirtc: 7 DeScriPtlon• _.. Qty Unit UnitPricc Tota[ 6000 PSI Hydms4atic [est, �OT (K) Size or 25.00 EA simi[ar, per cy(inder `��1 �/`�o `= , . 5 o v � Line: 8 Description: �tv lJni[ Uni4Preec TWaE — _ Eddy Curcenl Inspeclion, per cylirwer 10�_00 EA � �. � /QC' A bitl of "0" fzero} wili be interpreted by the Cry as a no-charge (freey item a� the Cdy will not e�ect ta pay far that item_ A bid of'no bid" or na response (space Ie[t 6lacck) ti+n71 be interpreted by ffie Ci.y tha[ ;he Otternr does not wish m bitl on that item. Be ativisea. a"no CiU" or nn respoiue may be considered as non-responsive and may resul7 in disqual�cation of (he bid. RFot 21-0179 Hydrostatic Tcsting for Cy�nders Page 3 ot �S i Fotal eid Aaov¢it-� (// . / •!��� `l�� CONFLICT OF l�ITEREST QUEST[�NNAIRE FORM CIQ For vendor doing busirtess with [ocal govemmeatal enti�r This questionnaire reflects changes made to the Iaw by H.B. 23, 84th Leg., ReguParSessFort. OFFlCE USE ONLY This questionnaim is being fi[ed in accordance witrt Chapter �76. Local Govemment Code, by a ventlw wAo �� ��� has a business relallonship as definod by Section �76.00t(7-a) w�lt, � W�I govert�menlal entGy and :he vendor ncoMs roquirements urder Sec;ion t i 6.006(a). By la�:� this qucsGonnaire musl be filed �vith the remrds adminisfra[or of fho local govemmental enlity not later than the 7th business day aftar the date the vendor becomes a�vare o' facts fha: require the sta[emene ta be filed. See Section 178.006(a-1), �ocal Grn•emment Gode. A ver.dor commits an offense if the venCor knowingly viatatcs Section 7 r'6.006, Cocat Gaverrmenc Caie. An ofSense unAer ihis settion is a misdemeanor. � Name of vendor who has a husiness rela[[onshio with Iocal aovercimental entitv. �- f �!'Ld � ����'� �.� ��l �S � z � ❑ GnecK thls box R you are t[ttng an upaate to a prevlously tlled quC5t160naFtC. { I he IaLv reqll�tES Chat ypu 7te an up03teQ cOmpletetl questionnaire vdth the appropriate filing authotity npt Iater than the 7fh business day ahsr the date on which you hecame aware :hat fhe originaliy filed q�estionnaire tivas incomplete or inau:urate.j 3 Name of Inr.al nevrmment o�cer a6eut whom tFe infnrmafinn ic 6nina disclosad_ Name of OKccr 4 Describe ¢ach emnlovmornt or other basiness relationshio with the local aovemmervt offfcer. or a familv mem6er of tF�e o�cer, as described by Section '176.003(a)(2j(A). Atso describe anyfamily relafionship with the bcai govemmeret offeeer_ Complete subparts A a nd B for ea ch empfoyment or business relationsfiip described. Attach additional pages to ffiis Fartn CIQ as necessary_ A. Is the local govemmen[ officer ar a family member of the otficer recennng or Iikety to roceive �w3bla income, other than in+resVnent income, from the venCor7 � Vee � No f3_ Is the �rendor receiving or Iikeiy la receive taxa6le �ncome, other than investrn�t income, :rom or aY the direGiort of the loca( gavemment officer or a family memher of the officer AND the tazable income is not rece�ied 4rom Ihe local go�remmental entity.> � Yes -�No 5 Describe each emafoument or business relationshio that the vendor named in Section 1 maiMains with a co�oeation or other business entity with respectto which the focal govemmeot offcer serves as an officer or director, ar halds an ownership interest of one percent or more. 6 aCheck this box if the vend Iv�s given the �ocal govemment officer or a famify member o; the a�rPr or� or more gifts a cribe ' Section OQ3{a)(2j(B;, e cluding g'rfts descri6ed in Section 176.063�a-1). � j ' ��. . �' (Zi; 2� �� Signalure af vendor doing business vdlh the g!rvemmen[at enlity -` pa�e n�-�e� c i u � r� rryu«swuc i esury rw �,yureaevs P7ge 't 3 af 1 S 31 ATTACHMENT-C REFERENCE SHEET Bidders shall provide a reference list of a minimum of tioree (3} current customars (comparable in size) who the bidder has recentiy suppPied subject item(s}land or services on a cont�nuing basis over a recent tv+elve (12) mon4h period. The City wili be the sole judge of references_ Please use additio�al sheeis if necessary. 1. Company's Name Name of Contact Title of Contacc Present Address City, State, Zip Code Telephone Number Emaii 2. Company's Name Name of Contact Title of Cvntact Present Address Ciry, State, Zip Code Telephone Number Email 3. Company's Name Name of Contact Title of Contact Present Address City, 8tate, Zip Code Telephone Number Email RFQl21-01 i9 Hydrnstatic Testing for Cy6nders Pagc 76 of t8 32 ATTACNMENT-D BIDOER'S QUALiFiCATION QUESTIONNAIRE Date your companywas established? ZG How�anyyears has your organization been in business underits presentname? _ -��`�'' S a. Listanyformernamesyourorganizationhasoperatedunderandthet;mefrarne(s}. � //�..�/��5� %�"Q!-O �:�5 7 ��' `fi �c.� � 3. Have you ever defaulted on a contract? If so, whywere you �nable to iul�ill the obl�gation? � 4. Please provide in a separateattachment documentation showing yourcompanyhas been in themarketplacefora minimum aftwo (2j years (i.e. SecretaryofState). 5. Can your company fulfil the specifica6ons fisted in sections 1.0-3_Q on page 11? Please provide a detailed explanatiott of inethodology Vendor will use to provide all neeessary 6abor, material, personnel and equi�ment forihe hydrostatic testing. � Yes � Na G. Is your companya D.O.T. certifiod a� 3 cylindar requalificaGon faralil�l tf so, plwase provide a copy of your D.O.T. letter with Requalifier ldentification Humber with your bid respocese_ / _ Yes � Ho RFQt 2'I-0179 Hyarostadc Testing !or Cyllnders Pagc 97 ot 18 33 Corpon[ions Scction -�� F, pF:, David Whitley P.O.Bos 13G97 ;'v.`�' +�,i: Sccntar� of Siatc Auslin,Tex�s?S?ll-3G9i �K � F' .:^� I'.•� I 1�^lv�:''; _ -�' Office of the Secretary of State CERTIFICATE OF FILII�G OF Firehouse Hvdrostat 5en�ices. LLC File Number: 803�22�02 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for ihe above named Dornestic Limited Liability Company (T.LC) has been received in this ofFice and has been f�und co conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by vinue of the authority vested in the secretary by law, hereby issues this certificate c��idencing hling effective on ihe date shown belo�v. The issuance of d�is certificate does not authorize the use of a name in this state in violation oFlhe rights of another under the federal Trademark Act of I946, the Texas tr<jdemark la��r, the Assumed Business or Professional Name Act, or the common la�r. � Dated: O5,'20/2019 Effective: 0>/20/20l 9 �� � ,w �I �� 7i � � +i � �y) ��� � �t�3 . �►� ��� 1�1' � �1 � �� �..� David Whiticy Secretary of State � Come r•i�it us on the inlentet at Itnp:''ti� u��r.sosst�te.n.vs� Phonc: (512) �fi.'>-�555 F:Le: (512)1G;-5709 Dial: 7-I-I for Rciap Srn�ices Prcparedby: Cazol Cm•e} TII7: 10:06 Document: 5907;312U002 34 r� U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JuIV 29. 2019 Expiration Datc:June 30, 2022 Revision: Address undate Mr. Scott Evans O�r•ncr Firehouse Hydroslal Services LLC (Mobile Unit) 200 Hillsidc LN Lindsay,'I'X 76250 United States Dear Mr. Evans: cY.IBuilO�tq, PHN-33 t?]v NrNJcr.ay:.var,ua. Soulruas: LYGc^.:flptOn. D.C. 2�$fYl The Pipeline and ifazardous Materials Safety Administration (PHivfSA) has reviewed your application for approval as a cylinder requalification facility under Section 107.865 of'1`itle 49 Code of Pederal Regulations (49 CFit). At the recommendation of Stei�crwalt Associates. Inc.. this office is re-issuing the requalifier identification number (RIN) I208 to your facility ]ocated at 200 I-Iillside LN, Lindsay, TX for DOT cylinder speciFcation(s): 3A, 3AA, 3AL and Special Pcrmit(s): 7277, 11194, 10915, 10945, 1094'7, 14387, 14339, 11005, 14003, 10869, 15136 and ]3583. 'Chis number authorizes requalification of the authorized cylinder specifications by the "hydrostafic" tcst mcthod, applies to this location only> and is valid until the postcd cxpiration date above or until terminated by the Associate Administrator for I Ia�ardous Materials Safety. This number applies to mobile unit vehicics ;ara�cd at this location only. The vehicle idcntification number(s) authorized under the provisions of this approval are as follo�us: 1GC4K1EY2HF124886. The mobile unie(s) can only travel within the following gevs:r�phical regions: Arkansas, New NIexico, Oklahoma, Louisiana and Texas The c}�linder sizes authorized to be tested are as follows: "fhe smallcst cyfindcr is 3" X 12". The lar�est cylinder is 10" X 66". The RIN is valid unti! the posted expiration date abo�•e or until terminated by the Associate Administrator for Ha-rardous Viaterials Safety. Failure to comply with the pro�isions of this approval may result in thc suspcnsion or termination of this RiN authori•ration. In addition to the requirements for requalification of cylinders undcr thc rclevant provisions of Sections 180.205 through 180.215 of 49 CFR, thc followin� conditions must. be rraet: 'I'racking No: 2019075101 35 Page 1 of 3 1. You must notify this office in writing of any change in company name, address, ownership. testing equipmcnt and approved mobile unit used, management, or testing personnel within riventy days of thc chan��c. 2. Additional mobile units, not idcntificd above, are not authorized under this RIN approval without prior approval from The Office of 1la�ardous Matcrials Safcty, Approvals and Permits Division in acc�rdance tvith the pro�•isions of 49 CPR ] 07.805. 3. lf more than one mobile unit is approved undcr this RIN authorization, in addition to the R1N number, the specific mobile unit where cylinder requalification is being conducted must be clearly identified on the requalifier test records and calibration rccords, as rcquired by 49 CFR I 80:L 15. 4. "1'his approval is rene�vable every five years. If you ���ish to renew this approval, please ensure tha[ your application for renewal is received by PI-IMS/� at least 60 days prior Yo the cxpiration datc postcd abovc, in accordancc with :39 CFR 107.705(c). 5_ Rcnc���al app)ications or cnquirics chould bc scnt to ap�irnvalsii�ciot�_o��_ 6. Testin� must be performed by, or in the presence oi: a designated hydrostatic tcst operator who has been obsen�ed by the authorized independent inspection agency inspector during the onsite audit of thc mobilc unit undcr thc provisions of 49 CPR 107.80�, or who has been certified as meeting the training requirements of 49 CFR 172. 7d0 throu�h 49 CFR 172. 704 and has been added to your file by addition under condition number one {1) above. 7. A copy of this approva] mast 6e maintained onboard and adjacent to the mobilc testine unit(s} and at the stationary facility at thc authoriicd address idcntired above. 8. 1'he approved stationary address, where the mobile unit{s) is ;ara�ed, must be manned. durina normal business hours, and accessible to unannounced onsite inspecTion by AHVISA inspectors. "I'his location must maintain a daily tog that identifies the date of inspection, the specific mobile unit authorized under the pr�visions of this approval, and thc location/address wltere testing is being pertormed each day. 9. Testing under this RIN approval is authorizcd only on thc authorized cylinder specifications and testing meth�d listed abovc. Additional s�ccial �emiils (not meefinX UAp�oved festir7g medTod uhove), DOT cylinder specifications, including UN ISO specifications mav be reyuested only afier inspection and recommendation by an approved Independent Inspection A�eney a�d only after additional approval is granted by PIIMSA in accordance with the requirements of 107.705 and 107.505. 10. Copies of your RII�T applicatinn and all supportinD documentation must bc retained and made available to DOT upon request. 1 1. Each "Hazmat employee", a5 defined in Section 171.3, who pertorms a function subject to this approval, must receive appropriatc trainin� in aecordance with Section 172.704. 12. All correspondence with PHMSA relating to your approval must include the RIN. "I'racking No: 2019075I O1 Pa?c 2 o f 3 36 13. This appro�•al as revised supenedes all pmvious versions. ! , . ..�_ ,.. . _ . for W'illiam Schoonovcr Associate Administrator For Hazardous Materials Safet�� Trackin, No: 201907� J O 1 Pa;c 3 of 3 K�� �F� � :��?,� l� '%i�� �' HY�ROSTAT City of Fort worth, Firehouse Hydrostatic Services LL[, has a 24 ft mobile testing ladratory. We can Yest onsite, limiting the out of service time of the tylinders_ We can test as many as 150 per day. We employee ail off duty firefighters. The employees have meet all DOT test requirements for testing. While mainiaung any updated tranning as well. All employees are cover with Texas Workmans Comp Insurance. Along with GL Polices. The epuipment we used is the 500-HP-145-M Hydrostatic WaterJacket 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 D-11,000 psi x20 psi increments. Class 3A-1J49'o full range accuracy. Water jacket is safe under pressure with a 35 psi burst disk. Scot Evans CEO 817-948-6177 sevans@firehousehydro.com 38 EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY FIREHOUSE HYDROST SERVICES 200 HILLSIDE LN LINDSAY. TX 7G250 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 authorizarion 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: Sib ature 3. Name: Position: Signature Name: Signature of President / CEO Other Title: Date: 39