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065002 - General - Contract - Diversified Power Systems, Inc.
65002 City Secretary Contract No. FORT WORTH,,,, VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, and DIVERSIFIED POWER SYSTEMS, INC. ("Vendor" or "Contractor"), each individually referred to as a "party" and collectively referred to as the "parties." 1. Scope of Services. Vendor will provide City with generator maintenance and repairs on an as -needed basis ("Services"), as set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. The initial term of this Agreement is for I year, beginning on the date that this Agreement is executed by the City's Assistant City Manager ("Effective 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. CoMRensation. 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 in an amount up to Nine Hundred Five Thousand Dollars ($405,000.00) for the initial term and renewals in escalating amounts. The Vendor acknowledges that this is a non-exclusive agreement and there is no guarantee of any specific amount of purchase. Further, Vendor recognizes that the amount stated above is the total amount of funds available, collectively, for any Vendor that enters into an agreement with the City under the relevant M&C or cooperative agreement and that once the full amount has been exhausted, whether individually or collectively, funds have therefore been exhausted under this Agreement as well. Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City fast 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 Iast 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 OFFICIAL RECORD CITY SECRETARY Vendor Services Agreement FT. WORTH, TX Page I of 12 City Secretary Contract No. 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. S. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 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 Vendor Services Agreement Page 2 of 12 City Secretary Coact No. 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. 8. Liability and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR 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 INDEMATFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTSAND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right 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 Vendor Services Agreement Page 3 of 12 City Secretary Contract No. 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-tnfrmging 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. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will not -assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. if City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. Vendor 'Services Agreement Page 4 of 12 City Secretary Contract No. (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 trust 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 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. Vcndor Services Agreement Page 5 of 12 City Secretary Contract No. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances. Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY:. City of Fort Worth Attn: Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Diversified Power Systems, Inc. Tim Wilson, Regional Sales Manager 7661 Rendon Bloodworth Rd Ste 504 Mansfield, TX 76063 Facsimile: 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. Vendor Services Agreement Page 6 of 12 City Secretary Contract No. 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 I 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 Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or its Exhibits. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's Vendor Services Agreement Page 7 of 12 City Secretary Contract No. 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. Immmieration Nationality 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 (1-9). 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. OwnershiR of Work_ Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby wan -ants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 2.8. Change in Company Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Boycott 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" Vendor Services Agreement Page 8 of 12 City Secretary Contract No. 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 Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, 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 frill -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. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification. to 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, 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. 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 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 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. (signature page follows) Vendor Services Agreement Page 9 of 12 ACCEPTED AND AGREED: CITY OF FORT WORTH: 1 By: Name: si a c achern Title: Assistant City Manager Date: 04/08/2026 APPROVAL RECOMMENDED: By: dw• fiarll &r Nam6'ho g{ K&d&r Mar 30, 2026 06:58:06 CDT) Title: Water Director ATTEST: inn Pa � FORr'waao 00 �\,y.�.k- -R aQcnnzosa By: Name: Ulannette Goodall Title: City Secretary VENDOR: Diversified Power Systems, Inc. By: Name: vy-) Title: City Secretary Contract No. CONTRACT COMPLIANCE MANAGER: By signing 1 acknowledge that l am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: _ _ £!2, _ Names bjby& ergl0dr 27, 2026 14:50:05 CDT) Title: Sr. Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: 4&-6c NameDc198*#t@& (Apr 2, 2026 18:09:03 CDT) Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0139 Form 1295: 2026-1405015 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vcndor Services Agreement Page 10 of 12 City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES See next page. Vendor Services Agreement Page 11 of 12 FORT WORTH.. CITY OF FORT WORTH - PURCHASING DIVISION � SCOPE OF SERVICES RFP Ref. #: 25-0248 1 Doc. Ref#: RFP-02 I Page I of 14 E RFP Title: Generator Maintenance Services 1.0 INTRODUCTION AND PURPOSE Contractor will provide generator maintenance services for the City of Fort Worth on an "as needed" basis per the specifications below. 2.0 SCOPE OF SERVICES 2.1 Contractor Requirements 2.1.1 Contractor shall have a minimum of 5 (five) years of experience providing generator maintenance services similar or related to the Scope of Services. 2.1.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 2.2 Locations 2.2.1 These services shall be performed on, but not limited to, the generators listed within this Exhibit — labelled as Locations of Generators. 2.2.1.1 The City reserves the right to add or delete generators and/or locations 2.2.1.2 As new generators are purchased, they will be placed on this agreement through an addendum for the maintenance and repairs not covered under a manufacturer's warranty and/or guarantee and when warranties and/or guarantee expire. 2.2.2 Items shall be delivered within 48 hours from order being placed. There may be instances where a Department will need the items on the same or next day due to repairs needed for an event. The Department shall also have the ability to pick up the item(s) from the Contractor. 2.3 Preventative Maintenance 2.3.1 Preventative Maintenance (PM) — See Attachment A — Additional Specifications of Preventative Maintenance Page 1 of 14 FORTWORTH. ORTH. CITY OF FORT WORTH - PURCHASING DIVISION SCOPE OF SERVICES 1RFP Ref. #: 25-0248 1 Doc. Ref#: RFP-02 I Page 2 of 14 I RFP Title: Generator Maintenance Services I within this Exhibit for additional maintenance requirements. 2.3.2 Contractor shall contact the responsible department to set up PM schedules 2.3.3 Maintenance shall be scheduled during regular hours (8:00am to 5:00pm) 2.3.4 Maintenance shall include and be in accordance with manufacturer's recommended guidelines and Attachment A - Additional Preventative Maintenance within this exhibit, but not limited to: 2.3.4.1 Check fuel level and drain separator and add fuel additive, as applicable; 2.3.4.2 Change on an as needed basis: motor oil, oil filter, air filter, fuel filter, belts, hoses, and/or antifreeze; 2.3.4.3 Perform analysis on oil (annually), fuel and coolant; 2.3.4.4 Replace ignition parts (gas -gasoline units only); 2.3.4.5 Test all safety shutdowns; Page 2 of 14 FORT WORTH,, CITY OF FORT WORTH - PURCHASING DIVISION SCOPE OF SERVICES RFP Ref, #: 25-0248 1 Doc. Rcf#: RFP-02 Page 3 of 14 � RFP Title: Generator Maintenance Services I 2.3.4.6 Visual inspection of entire generator for signs of damage, leaks and corrosion, 2.3.5 Load Bank Testing 2.3.5.1 Contractor shall maintain the Maintenance Services Quality Control. A minimum two-hour load bank test shall be performed on each of the generators at the time of the PM 2.3.5.2 A minimum two-hour load bank test shall be performed on each of the generators at the time of the PM. 2.3.5.3 Load Bank equipment rental costs and personnel costs shall also be included in the PM. 2.3.5.4 Load Bank and PM should be performed at different times. 2.3.5.5 Load Bank sizes required per size of generator in Attachment A. 2.3.5.5.1 Test Results 2.3.5.5.2 Contract will provide to the City a copy of all test results upon completion of PM, to include, but not be limited to fuel, oil and coolant analysis, and safety shutdowns. A copy of the results shall be provided to the City within five (5) business days. 2.4 Automatic Transfer Switch (ATS) Maintenance 2.4.1 The Contractor shall provide inspection, testing, cleaning, and maintenance of all automatic transfer switches (ATS) associated with generator systems. Services shall be performed in accordance with manufacturer recommendations and industry's best practices. Page 3 of 14 FORT WORTH. CITY OF FORT WORTH - PURCHASING DIVISION SCOPE OF SERVICES RFP Ref. #: 25-0248 1 Doc. Ref#: RFP-02 Page 4 of 14 I RFP Title: Generator Maintenance Services 2.4.2 Maintenance shall include visual inspections, functional testing, cleaning of internal components, verification of electrical connections, calibration of sensing and timing functions, and full operational test simulating a power transfer. 2.4.3 A written service report detailing all findings, deficiencies, and corrective actions shall be provided for each ATS service. 2.4.4 Testing the Transfer Switch to ensure that it is functioning as designed and will operate in the event of a power outage. 2.5 Repairs 2.5.1 The Contractor shall perform all repair work necessary to ensure the proper function, and operation of equipment provided of all systems. All repairs must be performed to meet the most recent, applicable codes, laws, and regulations 2.5.2 The Contractor shall complete repair and for identify repairs needed of the equipment within eight (8) hours after arrival with the following exceptions: 2.5.2.1 If additional parts are required from outside a 100-mile radius of the equipment location, then repair should be completed within 24 hours for emergencies and 72 hours for routine situations. 2.5.2.2 Restoration of service following a catastrophic event such as fire(s), storm(s), carthquake(s), theft, intentional or accidental damage, shall be on the same basis as an emergency interruption with around -the -clock effort until full service is restored. 2.5.2.3 If during the emergency repair of a generator, the City determines a rental generator is required, Contractor shall provide a rental unit until the City's generator is repaired and fully functional. Page 4 of 14 FORT WORTH, CITY OF FORT WORTH - PURCHASING DIVISION SCOPE OF SERVICES RFP Ref. #: 25-0248 1Doc. Ref#: RFP-02 Page 5 of 14 RFP Title: Generator Maintenance Services f 2.5.3 In addition, Contractor shall supply rental generators if an emergency arises that requires the use of a rental generator. 2.5.4 All rentals shall be approved by an authorized City employee. 2.5.5 All rentals shall be billed at the Contractor's costs as bid. 2.5.6 The City reserves the right to obtain rental generators elsewhere if it serves the best interest of the City to do so. 2.6 Service Reports 2.6.1 Contractor shall complete and furnish a service report for each maintenance or service call with the invoice and shall include, but not be limited to the following: 2.6.1.1 Date and time notification was received; 2.6.1.2 Location of the equipment; 2.6.1.3 Date and time of arrival; 2.6.1.4 Type and model of equipment; 2.6.1.5 Time spent for repair, 2.6.1.6 Description of malfunction and repair; 2.6.1.7 Date and time the equipment is made operational; 2.6.1.8 Part(s) ordered. 2.6.2 Detailed description of all completed repair work certifying equipment is in working order shall be signed by an authorized City employee at the time the work is performed and shall accompany the invoice for such work. 2.6.3 Returned within 48hours 2.6.4 Contractor will not be "paid" until the service report is Page 5 of 14 FORT WORTH.: CITY OF FORT WORTH - PURCHASING DIVISION --' SCOPE OF SERVICES RFP Ref. #: 25-0248 1Doc. Ref#: RFP-02 Page 6 of 14 I RFP Title: Generator Maintenance Services submitted. 2.7 Service Records 2.7.1 In addition to the service report(s), Contractor shall maintain a complete record of all services performed on each piece of equipment, including all parts replaced. The service record shall be an individual record identifying each piece of equipment explicitly, with a complete history of service and all parts used. All service records and all test results shall be furnished to the City for review. 2.8 Response Times 2.8.1 Contractor shall respond to normal service requests within eight (8) hours or by the time agreed upon by the authorized City employee and Contractor. 2.8.2 Contractor shall be on site within four (4) hours when emergency services are requested or by the time agreed upon by the authorized City employee and Contractor. 2.9 Hours of Service 2.9.1 The PMD Fleet Manager or designee will contact the Contractor to schedule re -inspection and retesting of failed units after repairs have been completed on the failed units, if applicable. 2.9.2 Regular hours shall be from 8:00 A.M. to 5:00 P.M., Monday through Friday. 2.9.3 Overtime hours shall be from 5:01 P.M. to 7:59 A.M., Monday through Friday; and all hours, Saturday and Sunday. 2.9.4 Holiday hours shall be all City of Fort Worth observed holidays (New Year's Day, Martin Luther King Day, Memorial Day, Juneteenth, July Fourth, Labor Day, Thanksgiving Thursday and Friday, and Christmas). Page 6 of 14 FORT WORTH,, CITY OF FORT WORTH - PURCHASING DIVISION SCOPE OF SERVICES RFP Ref. #: 25-0248 I Doc. Ref#: RFP-02 I Page 7 of 14 1 RFP Title: Generator Maintenance Services 2.9.5 Emergency response service will be 24 hours a day, seven (7) days a week, including holidays. 2.10 Contractor Responsibilities 2.10.1 Supervision The Contractor shall, during all periods of contract performance, provide competent supervision of his employees to assure complete and satisfactory fulfillment of the work and the terms of this Contract. The Contractor or a capable, fully authorized representative must be immediately available during all work activities to receive any and all special instructions from the Purchasing Manager or designee. 2.1.0.2 Safety The Contractor must be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include, but not necessarily be limited to Environmental Health Agency (EPA) regulations, Fort Worth City Ordinances, and Occupational Safety and Health Agency (OSHA) regulations. In addition, the Contractor shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 2.10.3 Hazards The Contractor shall at no time permit placing or use of equipment in such manner as to block traffic lanes or to create safety hazards. Contractor personnel shall provide appropriate warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel, even to the point of interrupting their own work, if necessary. 2.10.4 Defective Work and Damages The Contractor shall be wholly responsible for and shall promptly correct or restore all defective work or damages to any/all City facilities caused by its activities. Restoration and Page 7 of 14 FpRI' WORTR, CITY OF FORT WORTH - PURCHASING DIVISION SCOPE OF SERVICES RFP Ref. #: 25-024$ 1 Doc. Ref#: RFP-02 I Page 8 of 14 RFP Title: Generator Maintenance Services I correction shall be to the complete satisfaction of the City. This shall apply to any part of a building, its appurtenances, the adjacent grounds, or any other tangible damage incurred in the performance of the Contract. Failure by the Contractor to proceed promptly with corrective actions may be cause for cancellation of this Contract with amount(s) necessary to correct defective work and/or damage being withheld from payments due or to become due to the Contractor. 2.10.5 Clean Up The Contractor shall keep City premises free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all waste and rubbish from and about the work area, as well as tools, equipment and surplus materials, and shall leave the area as clean and free of spots, stains, etc., as before the work was undertaken. 2.10.6 Regulations Contractor shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations pertaining to the performance of the work specified herein even if they come into effect after the start of this agreement. All mandates requiring the City to comply with new guidelines will also require the City Contractors to comply. 2.10.7 Performance Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this contract shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. 2.11 Security and Identification 2.11.1 The Contractor shall abide by all City security procedures, rules and regulations, and shall cooperate with City Page 8 of 14 FORT WORTH, CITY OF FORT WORTH - PURCHASING DIVISION SCOPE OF SERVICES RFP Ref. #: 25-0248 1 Doc. Ref#: RFP-02 Page 9 of 14 ! UP Title: Generator Maintenance Services security/police personnel. 2.11.2 Under no circumstances shall the Contractor assign personnel who are not legally authorized to work in the United States of America. 2.11.2.1 If requested, Contractor shall provide I-9 forms for each employee assigned to the City's Contract, and documentation supporting the submission of said forms. 2.11.2.2 If requested, Contractor shall provide all, if any, "No - Match" letters from the Social Security Administration. 2.11.3 If requested, a complete list of the Contractor's personnel, including driver license and social security numbers, shall be provided to the Contract Administrator after approval of award, but prior to the beginning of the Contract period 2.11.3.1 The same information shall be provided prior to the assignment of a new employee. 2.11.4 A Contractor -issued identification badge identifying the worker as an employee of the Contracting firm is required and shall be visibly worn at all time during the performance of work. 2.11.5 Contractor personnel shall wear uniforms which identify the company 2.12 Background Investigations 2.12.1 All Contractor personnel shall have a criminal background check performed prior to being placed on City Contract. 2.12.2 Under no circumstances shall any Contractor personnel having convictions or pending criminal hearings be assigned to the City Contract. Page 9 of 14 FORT WORTH, CITY OF FORT WORTH - PURCHASING DIVISION SCOPE OF SERVICES RFP Ref. #: 25-0248 1 Doc. Ref#: RFP-02 Page 10 of 14 RFP Title: Generator Maintenance Services 2.12.3 If requested, Contractor shall provide copies of background check(s). 2.13 Drug Screening 2.13.1 Provisions shall be made for drug screening of all Contractor personnel. 2.13.2 If requested, the Contractor shall provide certification that all personnel working in a City facility are drug free prior to their assignment. 2.13.3 Additional drug screening may be requested; the Contractor, at hiAer, cost shall have testing performed. 2.14 Warranty The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 2.14.1 The Contractor's warranty with respect to the products repaired or replaced will run for one (1) year from date of repair or replacement and acceptance of such by the City or the manufacturer's warranty, whichever is longer. 2.14.2 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this contract conforms to the contract requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Contractor or any subcontractor or supplier at any tier. 2.14.2.1 The City shall notify the Contractor, within a reasonable time after the discovery of any failure, defect, or damage. 2.14.2.2 Contractor agrees to remedy, repair or replace promptly, at Contractor's expense, on a one -for -one basis without additional cost to the City, any and all Page 10 of 14 FORT WORT11, CITY OF FORT WORTH - PURCHASING DIVISION F SCOPE OF SERVICES RFP Ref. #: 25-0244$ 1 Doc. Ref#: RFP-02 Page 11 of 14 I RFP Title: Generator Maintenance Services } defective work and products. The City defines "prompt" repair or replacement to be within twenty- four (24) hours after notification by authorized City personnel. 2.14.2.3 This warranty shall continue for a period of one (1) year from date of acceptance of products and work by the City. 2.14.3 The Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City when that damage is the result of a defect of products furnished. 2.14.4 if the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 2.14.5 This warranty shall not include failures attributable to accident, fire, or negligence on the part of operating (using) personnel. 2.14.6 With respect to all warranties, expressed or implied, for work performed and materials furnished from subcontractors, manufacturers, or suppliers under this contract, the Contractor shall: 2.14.6.1 Obtain all warranties that would be obtained in normal commercial practice; 2.14.6.2 Require all warranties to be executed in writing, for the benefit of City; and 2.14.6.3 Enforce all warranties for the benefit of the City. 4.0 PRICING STRUCTURE 4.1 Provide a written firm -fixed price quote, based on the labor rates listed in Exhibit B. The firm fixed price quotation shall include: Page 11 of 14 FORT WORT€., CITY OF FORT WORTH - PURCHASING DIVISION SCOPE OF SERVICES RFP Ref. #: 25-0248 1 Doc. Ref#: RFP-02 Page 12 of 14 RFP Title: Generator Maintenance Services 4.1.1 Description of the work to be performed. 4.1.2 itemized estimate of the parts and materials, including manufacturer's list price discount. 4.1.3 Timeline including proposed start and finish dates. 4.2 Understand that the submission of a firm fixed price quotation is evidence that the Contractor has familiarized himself/herself with the nature and extent of the work and any local conditions that may, in any manner, affect the scope of the work to be done, and the equipment, materials, labor, etc. required. No variation in price or conditions shall be permitted based on the claim of ignorance, negligence, or false representation. 4.3 Contractor shall understand that if alternative products are available to meet the sustainability goals of the City, these shall be submitted with the Contractor's quote as an additional or alternative firm fixed price quotation. 4.4 The Contractor shall immediately notify the Department Project Manager or designee in writing (by email) if additions, deletions, and/or revisions to a job assignment are needed. 4.5 Within one (1) business day of notification, the Contractor shall submit a written Project Quotation Change Request to the Department Project Manager or designee. The City reserves the right to reject any changes to the project firm fixed price quotation requested by the Contractor. Under no circumstances shall Contractor proceed with changes to the project firm fixed price quotation without approval from the Department Project Manager or designee. The Project Quotation Change Request shall include the following: 4.5.1 A description of the change or addition in the work and the reason for the change/addition, explaining the benefits of the change/addition. 4.5.2 The adjustment in the project time, if applicable. 4.6 If the City requests to change a fixed -price quote due to a change in the scope of work that would increase the number of labor hours required or the amount of materials required, the Contractor shall amend the original amount and, upon approval and acceptance by the Department Project Manager, of the amended fixed -price quote, shall be reimbursed for the changes Page 12 of 14 FORT WORT11. CITY OF FORT WORTH - PURCHASING DIVISION SCOPE OF SERVICES RFP Ref. #: 25-024$ 1Doc. Ref#: RFP-02 Page 13 of 14 RFP Title: Generator Maintenance Services I 4.7 Unit prices will include all costs associated with the specified work, including, but not limited to: transportation and travel charges, loading charges, fuel charges, certification fees, shop fees, miscellaneous fees, environmentallhazardous disposal fees, and unspecified costs. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 4.8 INVOICES 4.8.1 All invoices must match prior City -approved estimates or payment may be delayed. All charges must be identified on Contractor's invoice billing statement, listed LINE by LINE by individual charges. 4.8.2 Hours must be rounded to the nearest 'A hour. Hours invoiced must be for actual hours spent at the City facility working on the equipment, at the hourly labor rate listed in Exhibit B. 4.8.3 If the final invoice needs to be updated for any reason (i.e. charges, etc.), the date on the final invoice must be updated to match the date the revised invoice was submitted for processing. 4.8.4 INVOICE SUPPORTING DOCUMENTATION 4.8.4.1 Supporting Documentation for Labor charges must include, at a minimum: 1) the total number of labor hours performed; and 2) the labor rate. Contractor must provide the City with documentation which identifies the per hour labor rate. 4.8.4.2 Supporting Documentation for Parts charges must include, at a minimum: 1) a short and plain description of the part; 2) the Contractor part number; and 3) the Contractor's east for the part and any markups. Page 13ofl4 FORT WORTH CITY OF FORT WORTH - PURCHASING DIVISION SCOPE OF SERVICES RFP Ref. #: 25-0248 1 Doc. Ref#: RFP-02 Page 14 of 14 I RFP Title: Generator Maintenance Services 4.8.4.3 Supporting Documentation for Freight Charges must include, at a minimum, the total cost of the freight charges. Contractor must provide the City, at a minimum, with a Bill of Lading or Purchase Order as documentation of the freight charges. 4.8.5 The Contractor must obtain a Purchase Order number before scheduling and performing any services. Page 14 of 14 ATTACHMENT A 1►--..3i1 Generator Preventive Maintenance C:' eckliSt - (O to be — ........ 1.0 STARTING SYSTEM Clean batteries and cables Check and record specific gravity if batteries are lead -acid or, check and record voltage readings ifbatteries are nickel -cadmium Check for proper starter operation, noting any unusual noises Check for proper cranking motor disconnect Inspect spark plugs, points, cap, rotor, and condenser (where applicable), replace and clean as required Check all connections in fuel, oil, cooling, and battery and exhaust systems - Inspect magneto and coils (where applicable) 2.0 BATTERY CHARGING SYSTEM Clean all battery terminals, verify integrity of cables and connectors. Apply corrosion inhibitor ... Check battery charging alternator for proper output Check electrolyte level and fill 7-j Load test batteries Ll Hydrometer test batteries ❑ Inspect and test battery charger for high and low rate and alarms (if applicable); Check engine alternator; Verify and record output 3.0 FUEL SYSTEM El Check engine and supply system for any fuel leaks ❑ Check operation of day tank pump and float switch ❑ Check electrical and piping connections to day tank ❑ Drain condensation from fuel water separator 0 Change fuel filters (if applicable) ❑ Fuel treatment at City's request to add stabilizer to fuel tanks 4.0 LUBE OIL SYSTEM - Check engine oil level - Check and record engine oil pressure Change lube oil filter if applicable Properly dispose of used oil filters *There is not a certain brand of oil required, but the specifications need to be SAE 15w-40* 5.0 AIR INTAKE SYSTEM ❑ Inspect air intake system including filter condition, crankcase breather, turbocharger, air -box drains, louvers and ductwork (where applicable). Change filter (if applicable) ❑ Listen for any unusual noises from this area D Insure that air intake flow is not unduly restricted 6.0 EXHAUST SYSTEM Inspect exhaust system including muffier(s) and drain condensation trap. Inspect exhaust flex coupling and piping for leaks and proper operation Verify rain cap operation Check for abnormal vibration noise Inspect spark plugs, plug wires and distributors (gas fueled only) Visually check exhaust outlet for excessive smoking - Visually check crankcase breather for excessive smoking 7.0 ENGINE COOLING SYSTEM Check coolant level. Fill as needed per manufacturer specifications L Check for proper amount of anti -freeze ❑ Check radiator core for obstruction or buildup of foreign matter L Check general condition of engine coolant E Check for and repair leaks E Check inhibitors (nitrites) ❑ Replace coolant filter (if applicable) E Check radiator for obstruction and air flow ❑ Check for proper operation of louvers, either motorized or gravity (if applicable) E Check all belts for wear and proper tension Check all hoses for cracks and brittleness Check jack water heaters and thermostats for proper operation 8.0 SPEED CONTROL SYSTEM -1 Check governor rods and linkage for loose or worn parts CI Check governor operation under load E Tighten loose wiring connection and note any potential problems 9.0 SAFETY SYSTEM _i Verify and record oil pressure and water temperature Test all safety shut down circuits and alarms including over -speed, over -crank, low oil pressure, high water temperature, low coolant level, pre -alarms (it applicable) 10.0 AC POWER GENERATOR Make a general inspection of all electrical connections on regulator and generator L Grease bearings if necessary E Check and adjust voltage regulator E Inspect slip rings 11.0 ENGINE CONTROL PANEL 5 Inspect for any loose connections, terminals, hour meter, oil pressure at operation RPM (include hot/cold PSI) voltmeter, water temperature, and ammeter 11 Inspect condition of relay contacts Li Thoroughly clean control panel ❑ Check operation of all lights and replace any indicator lights not working F Replace any blown fuses 5 Check operation of main circuit breaker and leave in "READY" position E Verify and record output voltage and adjust regulator if needed ❑ Calibrate control meters CJ Verify and record output frequency and adjust governor if necessary 12.0 TRANSFER SWITCHES - Inspect general cleanliness (interior and exterior) ❑ Inspect tugs, terminals and connections; tighten lugs as needed ❑ Inspect wires for chafing ❑ Clean contacts Lubricate per manufacturer specifications 0 Check for binding or wear of mechanical linkage ❑ Inspect for arc damage or contact pitting El Verify proper operation of all panel lamps; replace as needed 13.0 GENERAL ❑ Carefully inspect engine for leaks or deterioration ❑ Make note of any unusual sounds during walk -around inspections C Check and adjust voltage and frequency ❑ Add engine fluids as required ❑ Grease necessary fittings 0 General maintenance on jacket water heaters, engine plumbing, etc.. 14.0 FLUID CHANGE One (1) engine oil and oil filter change every 12 month interval Coolants change if applicable 15.0 LOAD TESTING - During load testing, record the readings of the following: D Lube oil pressure ❑ Water temperature C Frequency G Current (all three processes) Cl Voltage (all three processes) u Kilowatts L Check auto start — stop move i_ Check operation of transfer switch when requested by the City Semi -,Annual Generator Preventive Maintenance Checklist — tA2riiti 1.0 STARTING SYSTEM Clean batteries and cables Check and record specific gravity if batteries are lead -acid or, check and record voltage readings if batteries are nickel -cadmium ❑ Check for proper starter operation, noting any unusual noises ❑ Check for proper cranking motor disconnect n Inspect spark plugs, points, cap, rotor, and condenser (where applicable), replace and clean as required Check all connections in fuel, oil, cooling, and battery and exhaust systems Inspect magneto and coils (where applicable) 2.0 BATTERY CHARGING SYSTEM Clean all battery terminals, verify integrity of cables and connectors. Apply corrosion inhibitor ❑ Check battery charging alternator for proper output Check electrolyte level and fill ❑ Load test batteries Hydrometer test batteries Inspect and test battery charger for high and low rate and alarms (if applicable); Check engine alternator; Verify and record output 3.0 FUEL SYSTEM ❑ Check engine and supply system for any fuel leaks ❑ Check operation of day tank pump and float switch ❑ Check electrical and piping connections to day tank Drain condensation from fuel water separator ❑ Change fuel filters (if applicable) rU Fuel treatment at City's request to add stabilizer to fuel tanks 4.0 LUBE Olt_ SYSTEM Check engine oil level Check and record engine oil pressure 5.0 AIR INTAKE SYSTEM L. Inspect air intake system including filter condition, crankcase breather, turbocharger, air -box drains, louvers and ductwork (where applicable). Change filter (if applicable) ❑ Listen for any unusual noises from this area Insure that air intake flow is not unduly restricted 6.0 EXHAUST SYSTEM C Inspect exhaust system including muffler(s) and drain condensation trap. inspect exhaust flex coupling and piping for leaks and proper operation ❑ Verify rain cap operation tJ Check for abnormal vibration noise ❑ Inspect spark plugs, plug wires and distributors (gas fueled only) Visually check exhaust outlet for excessive smoking ❑ Visually check crankcase breather for excessive smoking 7.0 ENGINE COOLING SYSTEM Check coolant level. Fill as needed per manufacturer specifications ❑ Check for proper amount of anti -freeze ❑ Check radiator core for obstruction or buildup of foreign matter ❑ Check general condition of engine coolant Check for and repair leaks Check inhibitors (nitrites) ❑ Replace coolant filter (if applicable) Check radiator for obstruction and air flow ❑ Check for proper operation of louvers, either motorized or gravity (if applicable) ❑ Check all belts for wear and proper tension ❑ Check all hoses for cracks and brittleness ❑ Check jack water heaters and thermostats for proper operation 8.0 SPEED CONTROL SYSTEM ❑ Check governor rods and linkage for loose or worn parts ❑ Check governor operation under load ❑ Tighten loose wiring connection and note any potential problems 9.0 SAFETY SYSTEM Verify and record oil pressure and water temperature Test all safety shut down circuits and alarms including over -speed, over -crank, low oil pressure, high water temperature, low coolant level, pre -alarms (if applicable) 10.0 AC POWER GENERATOR Make a general inspection of all electrical connections on regulator and generator ❑ Grease bearings if necessary 0 Check and adjust voltage regulator ❑ Inspect slip rings 11.0 ENGINE CONTROL PANEL L Inspect for any loose connections, terminals, hour meter, oil pressure at operation RPM (include hot/cold PSI) voltmeter, water temperature, and ammeter C Inspect condition of relay contacts C Thoroughly clean control panel F1 Check operation of all lights and replace any indicator lights not working IJ Replace any blown fuses ❑ Check operation of main circuit breaker and leave in "READY" position L Verify and record output voltage and adjust regulator if needed ❑ Calibrate control meters Li Verify and record output frequency and adjust governor if necessary 12.0 TRANSFER SWITCHES L Inspect general cleanliness (interior and exterior) L Inspect lugs, terminals and connections; tighten lugs as needed E Inspect wires for chafing C Clean contacts i Lubricate per manufacturer specifications Check for binding or wear of mechanical linkage Inspect for arc damage or contact pitting _i Verify proper operation of all panel lamps; replace as needed 13.0 GENERAL Carefully inspect engine for leaks or deterioration 0 Make note of any unusual sounds during walk -around inspections ❑ Check and adjust voltage and frequency ❑ Add engine fluids as required F- Grease necessary fittings General maintenance on jacket water heaters, engine plumbing, etc. 14.0 FLUID TESTING Take sample of oil for analysis (once per year) Take sample of coolant for analysis (once per year) Take sample of fuel for analysis (once per year) a oa a a g a a a It �C) a u Sz2a' a =a4o00�gg57 as � _ g���Y y$TT��^LLa$g iCuu�g�vQYza ��n�3i��4 y 8a � g d000a go 4m$ry No �n i �no :aToffi `fix S'd cyt7g a - U uD fl 4 © O K c e L• a v, 2 2 c 2 c c c e c c `a 4 E E E o E E E E m E E E E" E 'a e, ` E E E s c? =' E E E E E E_ EE �7 eaao icnK ii e'�a a`a a.Ee uaa�3u ouair i x° �` $''�u'<mtiuu e$3'$ S Y o.. u' ua ua u�°e ou' _ � a Rryyry�'.�. tic .��, m` 03„aNpNaB.°`r. rim Ci i>erv4e. 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CITY CoulycTi. AnFINIDA FQatr NVORTll Create New From This M&C REFERENCE **M&C 26- 13PRFP 25-0248 DATE: 2/24/2026 NO.: 0139 LOG NAME: GENERATOR MAINTENANCE SERVICES WTR AO CODE. P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Non -Exclusive Agreements for Generator Maintenance and Repair with GenServe LLC, Diversified Power Systems Inc., and Alturex, LLC in a Combined Annual Amount Up to $905,000.00 for the Initial One -Year Term and Authorize Four One -Year Renewal Options in Escalating Amounts for the Aviation, Information Technology, Property Management, Public Events, and Water Departments RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive agreements with GenServe LLC, Diversified Power Systems Inc., and Alturex, LLC in a combined annual amount up to $905,000.00 for the initial one year term and authorize four one-year renewal options in an amount up to $1,095,050.00 for the first renewal, $1,204,555.00 for the second renewal, $1,325,011.00 for the third renewal, and $1,457,512.00 for the fourth renewal for the Aviation, Information Technology, Property Management, Public Events, and Water Departments DISCUSSION: The Water Department approached the Purchasing Division to secure an agreement for generator maintenance services. Under the proposed agreement, the vendor will provide generator maintenance and repair services for the City of Fort Worth. Vendors will repair and/or maintain City - owned equipment an an as -needed basis for City Departments. They will perform all repair work necessary to ensure the proper function and operation of all equipment provided. Purchasing Staff issued Request for Proposal (RFP) Number 25-0248. The RFP consisted of detailed specifications that described the responsibilities and requirements for providing these services. The RFP was advertised in the Fort Worth Star -Telegram on November 5„ 2025, November 12, 2025, and November 19, 2025. The City received five (5) responses. An evaluation panel consisting of representatives from the IT, Public Events, and Water Department reviewed and scored the submittal using Best Value criteria. The individual scores were averaged for each of the criteria, and the final scores are listed in the table below. Proposers ''Evaluation Factors r Via. b.-__�c.------d � e �- Total Diversified Power Systems Inc ; 16.50 16.25 p10.88 0.00 26.00 F`fi0.63 Alturex, LLC GenSery Inc. 16.50 21.25 12.75 0.00 0.00 ) 50.50 i 17.0 20.00 10.50 0.00 2.96 50.46 Cat5 Resources, LLC 9.50 10.63 7.88 0.00 13,39 41.40 Total Energy Solutions 8.00 9.38 .3.00 0.00 0.00 20.38 The RFP document specified the use of the following Best Value Criteria: a. Qualifications and Experience b. Ability to meet the City's needs apps.cfwnet.org/council_iacket/mc_review.asp?1D=34181 &couricildate=2J2412026 113 2125126, 9:24 AM M&C Review c. Method of Approach d. Small Business e. Cost After evaluation, the panel concluded that GenServe LLC, Diversified Power Systems Inc., and Alturex, LLC presented the best value for the City. Therefore, the panel recommends that the City Council authorize the execution of non-exclusive agreements with the aforementioned vendors. No guarantee was made that a specific amount of services would be purchased. The maximum annual amount allowed under these agreements for the listed City departments will be $905,000.00; however, the actual amount used will be based on the needs of the departments and available budgets. DepartmentFB udgeted Amount ,Aviation ;$30,000.00 JIT 1$125,000.00 ;Property Management Department $400,000.00 IPubiic Events $50,000.00 'Water Department $300,000.00 FUNDING: The maximum combined annual amount allowed under these agreements will be $905,000.00; however, the actual amount used will be based on the needs of the department and available budget. Funding is budgeted in the General Operating & Maintenance category for the Aviation, IT, Property Management, Public Events, and Water Departments for the purpose of generator maintenance services. AGREEMENT TERMS: Upon City Council approval, these agreements shall begin upon execution and shall expire one year from that date. RENEWAL_ TERMS: These Agreements may be renewed at the City's option for up to four additional one-year terms. This action does not require City Council approval, provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. SMALL BUSINESS: In accordance with the City's Small Business Ordinance, Chapter 21 of the City Code, the City has established a 301% Small Business goal for this solicitation/contract. No vendor committed to achieving this goal by utilizing certified small business subcontractors for at least 301% of the total contract value; therefore, the responses were evaluated based on the remaining best value criteria. FISCAL INFORMATIONXERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departments' Operating Funds to support the approval of the above recommendation and award of the contracts. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQNII TO Fund Dep'rtDment Account � rID ct � Program � Activ�tY Year udget u t ��Chartfield�,___ ^Amo - ... FROM Fund Department Account I Project Program Activity Budget [Reference # Amount 1D - i ._ID ._ � _._.._.._.__ Yea�C�hartfiield 2 1 _ apps.cfwnet.orglcounci I_paGKCVMc_review.asp?ID=34181 &councildate=212412026 213 M&C Review Submitted for Ci Manager's Office y- OrtgLnIating Department Head: Additional Information Contact: Reginald Zen (8517) JesicaMoEachem(58D4) Reginald Zeno (8517) Christopher Harder (5020) Anthony Rousseau (8338) ATTACHMENTS 1295 Diversified Power Sy�items.p�jf (CFVVInternal) (CFVVInternal) «}FVY |nten`oV (CFVVInternal) (CFVY|nh*ma|) gL (CFVVInternal) (CFVVInternal) (CFYVInternal) (CFVVinternal) pAf (CRm|ntemV L 0 Q Q) 1� L E 0 l� V U c V d u E r h m 3 0 a c m LC G W O t F m E w F- oc t a A n r a z N z N Q. O. 0 0 0 t�3 ®o u H U N fl. M a � wZ rq z d J ry � 0 w Q. rn � CY rq N W cr Q cr la J Ae N N K Y Y Y© VI O 2 co rven N t!4r'l d O C3 � y c) co ry! C g. Ln en LL m cr 0 z In c R ° y C � O Y y E d3 E = d C W. C u # o a CL M " « > J m «: \ v_i a« 7 c lu 6E1 sn © u °� 3 c a£i a y N e La 0 ate+ d N a in LL LL a co�-- ai C u i1 cr d— ci 0} m m m m y d i e N q O LL 4> u ,t: iE FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Diversified Power Systems, Inc. Subject of the Agreement: Generator maintenance and services M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Date that the ACM signs If different from the approval date. Expiration Date: One year from effective date If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.