HomeMy WebLinkAboutContract 53778 City Secretary Contract No. 53778
RFP#20-0040
T135oRiH
''y G11Y SSCF�1A0 FORT WORTH,.,,
VENDOR SERVICES AGREEMENT
Leonard's Farm& Ranch Store,Inc
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 Leonard's
Farm&Ranch Store, Inc ("Vendor"), each individually referred to as a"party"and collectively referred
to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. Scope of Services. Repair of small engine service for the City Departments on as
needed basis.[simple description of scope of services].Exhibit"A,"-Scope of Services more specifically
describes the services to be provided hereunder.
2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below
("Effective Date") and shall expire one year from the effective date("Expiration Date"),unless terminated
earlier in accordance with this Agreement("Initial Term"). City shall have the option,in its sole discretion,
to renew this Agreement under the same terms and conditions, for up to four(4)one-year renewal options,
at City's sole discretion.
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 the [first] year by City
shall be in an amount up to Two Hundred and Fifty-One Thousand Dollars and zero cents. Dollars
($251,000.00). Payments for the following years shall be as described in Exhibit B. 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.
4. Termination.
®FACIAL RECORD
CITY SECRETARY
Vendor Services Agreement Page 7 0 '` 'TH,T X
City Secretary Contract No.
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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 shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in
writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it shall treat all information provided to it by City("City Information") as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access,modify, delete or otherwise corrupt City
Information in any way. Vendor shall notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised,in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years after
final payment under this contract, or the final conclusion of any audit commenced during the said three
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years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during
normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Vendor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement,Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees,Vendors and subVendors.Vendor acknowledges that the doctrine of respondeat superior shall
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents,
servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City.
Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers,agents, servants,employees or subVendor.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYMND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend,settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor shall have the right to conduct the defense of any such claim or action and all
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negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action,with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or,if as a result of a settlement or compromise,such use is materially adversely
restricted,Vendor shall, at its own expense and as City's sole remedy,either: (a)procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or(d)if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
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(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium.Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A-VII
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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 shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and ReEulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law.IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR,ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Leonard's Farm&Ranch Store,Inc.
Attn: Valerie Washington James Vaughn,President
Assistant City Manager 7321 Camp Bowie West Blvd.
200 Texas Street Fort Worth,Texas 76116
Fort Worth,TX 76102-6314 Facsimile:
Facsimile: (817)392-8654
With copy to Fort Worth City Attomey's Office
at same address
14. Solicitation of Employees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
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Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. SeverabiH . If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Maieure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but shall 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, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A,B, and C.
22. Amendments/Modifications/Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in interest, as
to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
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conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's
option,Vendor shall either(a)use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
26. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
shall be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product shall be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim,lien for balance due,or rights of retention thereto on the part of City.
28. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
29. Change in Company Name or Ownership. Vendor shall notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
30. No 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
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2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during
the term of the contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By.
Valerie Washington(Apr 7,2020) this contract,including ensuring all performance and Name: Valerie Washington reporting requirements.
Title: Assistant City Manager
Date: Apr 7,2020 7?;e"A. Q&rk
By: Joshua A.Clark(Apr 6,2020)
Jos
ua j9lark
APPROVAL RECOMMENDED: Name: Fire LiMten
Title: Fire Lieutenant
APPROVED AS TO FORM AND LEGALITY:
James Aqy&
By: James Davis(Apr 6,2020)
Name: Jim Davis akhto.�i�i6�trv�itPiu
Title: Fire Chief By. Christopher A stria(Apr 6,2020)
Name: Christopher Austria
ATTEST: Title: Assistant City Attorney
®,: •.. 0
CONTRACT AUTHORIZATION:
M&C: #20-0148
By: .: (Ordinance No. 24089-03-2020)
Name: Mary Kayser ' g i aq 5. a 010--5 8 5 S I Q
Title: City Secretary
( +r?
VENDOR:
Leonard's Farm&Ranch Store,Inc
�A/n 1/n. r
Byjames Vaughn(Apr 6, 020)
Name: James Vaughn
Title: President
Date: Apr 6,2020 ,20
OFFICIAL IZECOR 7 ti
FY.
Vendor Services Agreement Page 10 of 13
EXHIBIT A
SCOPE OF SERVICES
Following Pages
Vendor Services Agreement—Exhibit A Page 11 of 13
FORT WORTH,
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWO1-20-0040 1
Event Round Version Submit To: City of Fort Worth
1 1 PURCHASING DIVISION
Event Name LOWER LEVEL CITY HALL
ITB Small Engine Repair Service 200 TEXAS ST.
Start Time Finish Time Fort Worth TX 76102
01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
.Event Description
The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Small Engine
Repair Service on an as needed basis for the City Departments per the attached specifications.The term of
this Agreement shall begin on the date stated in contract(Effective Date)and shall expire one year from
the effective date, unless terminated earlier in accordance with the provisions of this Agreement(Initial
Term). Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms
and conditions for up tp four(4)additional one-year periods, unless City or Vendor provides the other party
with notice of non-renewal at least 60 days before the expiration of the initial term or renewal period.
Terms & Conditions
There is no pre-bid conference for this ITB.
Bids are solicited for furnishing the supplies,services and equipment as set forth in this solicitation.
Completed Bids including one executed original,three copies and one USB flash drive containing electronic
versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,January 23,2020,and
then publicly opened and read aloud at 2:00 P.M.in the Council Chambers.Bids must be submitted in a sealed
envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR
BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE
CONSIDERED. Bids shall be mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Lower Level,City Hall,200 Texas Street, Fort Worth,Texas 76102
Bids delivered by special courier(i.e. Federal Express,Special Delivery etc.)are to be marked on the
outside of the courier s shipping envelope BID No.20-0040, ITB-SMALL ENGINE REPAIR SERVICE AND MUST BE
RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.
Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid.
Bids may be withdrawn at any time prior to the official opening.Bids may not be altered,amended or withdrawn
after the official opening.The undersigned agrees, if the bid is accepted,to furnish any and all items upon
which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in
this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date.
DOCUMENT NAME-LOCATION
Bid Offer Sheet"-Cover Page of Final Bid Document V1 and attached as a separate document
Instruction to Bidders-Part 1 of Final Bid Document V1
Purchasing Agreement Specifications- Part 2 of Final Bid Document V1
Standard Purchasing Terms and Conditions- Part 3 of Final Bid Document V1
Scope of Services/Specifications-Part 4 of Final Bid Document V1
Conflict of Interest Disclosure Requirement"-AttachmentA of Final Bid Document V1
Consideration of Location of Bidder's Principal Place of Business""(if applicable)- Attachment B of Final
Bid Document V1
Vendor Contact Information""-Attachment C of Final Bid Document V1
How to Register with the City of Fort Worth-Attachment D of Final Bid Document V1
No Bid Sheet-Attachment E of Final Bid Document V1
Vendor Service Agreement(Sample)-Attachment F of Final Bid Document V1
"Required to be completed and submitted.See Section 20.0,Part 2 for all required document submission.
Documents are hereby incorporated into this Solicitation by reference,with the same force and effect as if
they were incorporated in full text.
FORT WORTH.
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWOI-20-0040 2
Event Round Version Submit To: City of Fort Worth
1 1 PURCHASING DIVISION
Event Name LOWER LEVEL CITY HALL
ITE Small Engine Repair Service 200 TEXAS ST.
Start Time Finish Time Fort Worth TX 76102
01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Legal Company Name: Leonard's Farm&Ranch Store, Inc.
Company Address: 7321 Camp Bowie West Blvd.
City,State,zip: Fort Worth, TX 76116
PeopleSoft Supplier No. 0000001587
Federal ID Number(TIN): 26-3727505
Printed Name of Officer or Authorized Representative: James Vaughn
Title: President
Signature of Officer or Authorized Representative:
Date: 1-22-2020
Email Address: ]vaughn@leonardsfarmstore.com
Phone Number: 817-332-2283
PART-4
SCOPE OF SERVICES/SPECIFICATIONS
1.0 DEFINITIONS
1.1 Small Engines and Minor Equipment hereinafter called"Equipment'.
1.2 Parts and Components hereinafter called"parts".
1.3 Repair, Maintenance and Service hereinafter called"service".
1.4 City of Fort Worth hereinafter called"City".
1.5 Successful Bidder, Vendor or Service Company hereinafter called"Contractor".
2.0 SCOPE
Work performed consists of equipment, materials, labor, parts and personnel to supply service to
City owned equipment. Contractor will also make parts and components available to the City for
purchase over the counter to complete minor repairs or maintenance.
3.0 INTENT
3.1 The intent of these specifications is to describe the minimum requirements for an
annual agreement for the provision of parts and services for equipment that shall
include but not be limited to the following examples:
3.1.1 Push mowers: Cub Cadet,Toro,Snapper
3.1.2 Riding Mowers: Cub Cadet, Toro,Snapper
3.1.3 Deck Mowers: Kubota,Toro
3.1.4 Blowers: Echo,Stihl,
3.1.5 String Trimmers: Stihl, Echo,Weedeater
3.1.6 Edgers: McClane,Stihl
3.1.7 Hedge Trimmers: Stihl,Echo
3.1.8 Pole Saws: Stihl,Echo
3.1.9 Chain Saws: Stihl, Echo,Husqvarna
3.1.10 Concrete Saws: Stihl,Echo
3.1.11 Multi-Purpose Saws: Partner, Husqvarna, Bosch,Makita
3.1.12 Generators: Honda, Briggs&Stratton, Generac, Dewalt,Troybilt
3.1.13 Spreaders/Cutters/Ram: Holmatro
3.1.14 Water Pumps: Honda,Waterous
3.2 Bidder shall submit with their bid package a listing of equipment that Bidder can repair
and parts that arein stock.
4.0 RESPONSE
4.1 Contractor shall respond and supply any parts or begin any service required during
regular business hours (8:00 AM through 4:00 PM, Monday through Friday, excluding
holidays)within 48 hours or less
4.2 Contractor shall respond and supply any parts or begin any emergency service required
during regular business hours (8:00 AM through 4:00 PM, Monday through Friday,
excluding holidays)within 8 hours or less.
20-0040 Small Engine Repair Service
Page 27 of 52
4.3 The City, at its option, may pick up and deliver equipment needing emergency service.
4.3.1 Emergency Service shall be completed within 1 business day.
4.3.2 Emergency service shall be requested by the appropriate supervisoror
designated representative.
5.0 GENERAL REQUIREMENTS
5.1 All Bidders shall furnish copies of any certificates and/or licenses required by these
specifications or manufacturer evidencing the extent or their authority and show
authorization to perform all requirements of this agreement.The successful Contractors
awarded the agreement shall keep their certificates and/or license up to date throughout
the life of this agreement and submit copies to the City upon request.
5.2 Contractor shall keep accurate records of all equipment parts and components serviced
or replaced. Identifying the parts and any other information required by the City.
5.3 Contractor shall notify the City immediately of any parts that have or could fail to operate
as designed. Upon completion of services made to parts, any failures and the reason for
failure shall be indicated in reports submitted to the City.
5.4 Testing of engines shall be performed to the manufacturer requirements or better. In the
absence of manufacturer requirements,testing shall be done, if requested by the City,for
detection of any potential internal malfunctions to aid in avoiding major breakdown and
costs.
5.5 The City shall have the sole responsibility of declaring the test results acceptable or
unacceptable.Any equipment, parts, or components found with unacceptable test results
and the reason for being found unacceptable shall be indicated in the records submittedto
the City.
5.6 Parts shall be OEM (Original Equipment Manufacturer). Only after market, rebuilt and/or
remanufactured parts that meet manufacturer's specifications can be used by mutual
agreement of both parties.
5.7 Aftermarket, rebuilt and/or remanufactured parts shall not exceed 75% of new OEM part
prices and used parts (if approved by the City)shall not exceed 50% of new OEM prices
without City consent.
5.8 Contractor shall tear down equipment to determine the cost of restoration to OEM
specifications. Upon completion of the tear down a report shall be made to the City
detailing the cost of any service where the estimate exceeds 50% of the replacement cost
of the unit.The City contact shall determine if the service will be performed or if the
equipment will be replaced. Cost of the service shall not exceed 75% of the replacement
cost.
5.9 Contractor shall return all non-serviceable parts, engines and components to the Cityupon
request.
6.0 REQUIRED EQUIPMENT AND FACILITIES
6.1 Contractor shall have all equipment,tools, license and certificates to perform all
requirements of this agreement.
20-0040 Small Engine Repair Service
Page 28 of 52
6.2 The City reserves the right to inspect all equipment,tools and facilities required tobe
used in the performance of this agreement before, during and after the award of this
agreement.
6.3 Contractor's equipment,tools and facilities shall comply with all manufacturer
requirements and shall remain in such compliance throughout the life of thisagreement.
6.4 All equipment,tools, and facilities used in the performance of this agreement shall be
fully maintained, clean, in good working condition, suitable for the intended purposeand
operated by qualified personnel.
7.0 CONTRACTOR RESPONSIBILITIES
7.1 Contractor shall provide a reasonable ability for the City to pick up engines and parts or
drop off any engines or parts on an as needed basis.
7.2 Safety
7.2.1 Contractor must be thoroughly familiar with all safetymeasures pertinent to its
operations.
7.2.2 Contractor shall be responsible for instructing its employees in all safety
measures and compliance.
7.2.3 Contractor shall at no time permit use of or operation of City ownedengines or
parts being serviced in a manner that creates a safety hazard.
8.0 WARRANTY
8.0 Contractor shall provide a warranty to include at a minimum, but not limited to the
following:
8.1 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.
8.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without
additional cost to the City of Fort Worth, any and all defective work and products.
The City defines"prompt"repair or replacement to be within twenty-four(24)
hours after notification by authorized City personnel.
8.3 This warranty shall continue for a period of 90 days from date of acceptanceof
products and work by the City.
8.4 Contractor shall remedy at the contractor's expense any non-conforming or
defective products or work. In addition,the Contractor shall remedy at
Contractor's expense any damage to real or personal property owned by the City
of FortWorth,when that damage is the result of a defect of products furnished.
8.5 The Contractor's warranty with respect to products repaired or replaced will run
for 90 days from date of installation and acceptance of such by the City.
20-0040 Small Engine Repair Service
Page 29 of 52
8.6 The City of Fort Worth shall notify the Contractor,within a reasonable time after
the discovery of any failure, defect, or damage.
8.7 If the Contractor fails to remedy any failure, defect, or damage within a
reasonable time after receipt of notice,the City of Fort Worth shall have the right
to replace, repair, or otherwise remedy the failure, defect, or damage at the
Contractor's expense.
8.1 This warranty shall not include failures attributable to accident,fire, or negligence onthe
part of City personnel.
20-0040 Small Engine Repair Service
Page 30 of 52
EXHIBIT B
PRICE SCHEDULE
Following Pages
Vendor Services Agreement—Exhibit B Page 12 of 13
FORT WORTH
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-20-0040 3
Event Round Version Submit To: City of Fort Worth
1 1 PURCHASING DIVISION
Event Name LOWER LEVEL CITY HALL
!TB Small Engine Repair Service 200 TEXAS ST.
Start Time Finish Time Fort Worth TX 76102
01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line Details
Line: 1
Description: Qtv Unit UnitPrice Total
Regular Hourly Rate for Repairs(8:00am to 2250.00 HR
5:00pm) $80.00 $180,000.00
Line: 2
Description: Qtv Unit UnitPrice Total
Overtime Hourly Rate for Repairs(5:01 pm to 250.00 HR
7:59am weekdays,all day $120.00 Saturdays and Sundays) $30,000.00
Line: 3
Description: Qtv Unit UnitPrice Total
Holiday Hourly Rate for Repairs(all City 100.00 HR
observed holidays) $160.00 $16,000.00
Line: 10
Description: Qtv Unit UnitPrice Total
Pickup/Delivery Fee per Round Trip 250.00 EA
$100.00 1$25,000.00
Total Bid Amount:
$251,000.00
FORT WORTH.
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWOl-20-0040 2
Event Round Version Submit To: City of Fort Worth
1 1 PURCHASING DIVISION
Event Name LOWER LEVEL CITY HALL
� ITB Small Engine Repair Service 200 TEXAS ST.
Start Time Finish Time Fort Worth TX 76102
01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Legal Company Name: Leonard's Farm&Ranch Store, Inc.
Company Address:_7321 Camp Bowie West Blvd.
City,State,Zip:Fort Worth, TX 76116
PeopleSoft Supplier No.
Federal ID Number(TIN): 26-3727505
Printed Name of Officer or Authorized Representative: James Vaughn
Title: President
Signature of Officer or Authorized Representative:
Date: 1-22-2020
Email Address:_jvaughn@,1eonardsfarmstore.com
Phone Number: 817-832-2022
20-0040 Small Engine Repair Service
Page 2 of 52
CONFLICT OF INTEREST QUEST[ONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by fig.23,84th Leg_, Regular Session. OFRCEUSEONLY
This questionnaire is being filed in aceardaneewith Chapter 176,Local Govemment Code, Qaie Received
by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a.local
governmental entftyand the vendor meets requirements under Section 176.006(a).
By law this questi'annaire must be filedwith the records administrator of the local governmental
entity not later than the 7th business day after the date the vendor becomes aware of facts
that require the statement to be filed. See Section 176.006(a-1),Local.Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local
Government Ciode.An offense underthis section is a misdemeanor_
Name of vendor who has a business relationship with local governmental entity.
Leonard's Farm&Ranch Store,Inc.
2 Check this box If you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date on which you became aware that the originally filed questionnaire was
incomplete or inaccurate.)
3
Name of local government officer aboutwhom the Information in this section is being disclosed.
Not Applicable
Name of Officer
This section(item 3 including subparts A, e, C, & D) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176.001(1-a),Local Government Code. Attach additional
pages to this Form CIQ as necessary-
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income,from the vendor?
Yes M No
B. Is the vendor receiving or likely to receive taxable income,other than investment income„from or at the direction of the bcaf
govemment officer named in this section AND the taxable income is not received from the local governmental entity?
Yes FX-:S� No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director,or holds an ownership interest of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
1-22-2020
Sign a of vendor doing business with the g rnmental.;i date
Adopted 817/2015
20-0040 Small Engine Repair Service
Page 32 of 52
ATTACHMENT-B
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids,to enter into a contract for certain purchases with a bidder whose principal
place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5
percent of the lowest bid, depending on the value of the request and goods or services requested, if
the lowest bid is from a business outside the municipality and contracting with the local bidder
would provide the best combination of price and other economic benefits to the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the
bid or request package.
The Fort Worth City Council requires the following information for consideration of location of a bidder's
principal place of business. Add additional sheets if needed to provide this information.
1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas.
a. Do you have a Fort Worth office? If yes, identify address:
Yes,we do have a Fort Worth Office. The Address is the following:
7321 Camp Bowie West Blvd
Fort Worth, TX 76116
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed
50%] 58 Percent
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees? 4 employees
b. Amount of City of Fort Worth ad valorem taxes (real and business personal property)paid by
company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly-
established)? S 14,761.30 -Year 2019
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the date
hereof, under penalty of perjury.
Leonard's Farm&Ranh Store, Inc. 1-22-2020
(Company Name (Date)
James Vaughn-President
(Signature) (Printed Name and Title)
20-0040 Small Engine Repair Service
Page 33 of 52
- ATTACHMENT C—VENDOR CONTACT INFORMATION
Vendor's Name: Leoanrd's Farm& Ranch Store, Inc.
Vendor's Local Address: 7321 Camp Bowie West Fort Worth TX 76116
Phone: 817-332-2283 Fax: 817-877-5246
Email: jvaughn(,a,leonardsfarmstore.com
Name of persons to contact when requesting services or billing questions:
Name/Title James Vaughn-President
Phone: 817-332-2283 Fax: 817-877-5246
Email: jvaughn@leoanrdsfarmstore.com
Name/Title
Phone: Fax:
Email:
Name/Title
Phone: Fax:
Email:
Will your company accept P-card payments? XX yes no
James Vaughn 1-22-2020
nature Printed Name Date
20-0040 Small Engine Repair Service
Page 34 of 52
Bidders Qualifications:
Company Name: Leonard's Farm & Ranch Store, Inc.
Address:7321 Camp Bowie West, Fort Worth,TX 76116
Background: Leonard's Fam & Ranch Store has been in business in Fort Worth under current ownership for the last 11
years. This business has been in Fort Worth since 1946 under previous ownerships. Current Owner,James Vaughn, has
lived in the Fort Worth area since 1996. Owner previously served 5 years in the United States Marine Corp, 1991-1996,
Years in Business: 11 years under current ownership
Services Provided: Outdoor Power Equipment Sales, Parts, Service, and Warranty. Full Service Dealer for the following
brands:Toro,Scag, Gravely,Ariens, Billy Goat, Echo,Shindaiwa, Dr. Power Equipment, Echo, Stihl, Rotary,Stens,
Kawasaki Engines, Kohler Engines, Honda Engines, Briggs and Stratton, and Bearcat. 3 fulltime mechanics on duty at
Fort Worth location. Leonard's stocks a large inventory of equipment and parts for the brands we carry. We have a 6
full service bay shop for equipment repair. Over 23,000 sqft.facility for outdoor power equipment needs.
Certifications:
• Stihl Silver Service Qualified
• Toro Master Service Dealer
• Scag Pro Gold Dealer
• Echo/Shindaiwa Signature Dealer
• Kohler Service Qualified
• Kawasaki Service Qualified
References.•
1. Tarrant County Auditors Office
100 E.Weatherford St
Fort Worth,TX 76196
Point of Contact: Charelle Bennett
Phone: 817-884-1134
Email Address: CNBennett@tarrantcounty.com
2. Tarrant Regional Water District
1022 N. Calhoun
Fort Worth,TX 76164
Point of Contact: Kirk Simmons
Phone: 817-335-2491
Email Address: kirk.simmons(E)trwd.com
3. Fort Worth ISD
100 N. University Dr. NW 140E
University Plaza Bldg.
Fort Worth,TX 76107
Point of Contact: Wayne Heppel
Phone: 817-740-5569
Email Address:Wayne.HeppelCa@fwisd.org
Listing of Equipment Bidder Can Repair and Parts that are in Stock
• Toro Equipment& Parts
• Gravely Equipment& Parts
• Ariens Equipment& Parts
• Scag Equipment& Parts
• Stihl Equipment& Parts
• Echo Equipment& Parts
• Billy Goat Equipment& Parts
• Shindaiwa Equipment& Parts
• Dr. Power Equipment Equipment& Parts
• Kawasaki Engines Equipment& Parts
• Kohler Engines Equipment& Parts
• Honda Engines Equipment& Parts
• Briggs&Stratton Engines Parts
• Rotary Parts
• Stens Parts
• Walbro Parts
• Zama Parts
• Oregon Parts
Price List
Price List available on Flash Drive
FORT WORTH.
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-20-0040 1
Event Round Version Submit To: City of Fort Worth
1 1 PURCHASING DIVISION
Event Name LOWER LEVEL CITY HALL
ITB Small Engine Repair service 200 TEXAS ST.
Start Time Finish Time Fort Worth TX 76102
01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Small Engine
Repair Service on an as needed basis for the City Departments per the attached specifications.The term of
this Agreement shall begin on the date stated in contract(Effective Date)and shall expire one year from
the effective date,unless terminated earlier in accordance with the provisions of this Agreement(Initial
Term). Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms
and conditions for up tp four(4)additional one-year periods, unless City or Vendor provides the other party
with notice of non-renewal at least 60 days before the expiration of the initial term or renewal period.
Terms & Conditions
There is no pre-bid conference for this ITB.
Bids are solicited for furnishing the supplies,services and equipment as set forth in this solicitation.
Completed Bids including one executed original,three copies and one USB flash drive containing electronic
versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,January 23,2020, and
then publicly opened and read aloud at 2:00 P.M.in the Council Chambers. Bids must be submitted in a sealed
envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR
BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE
CONSIDERED. Bids shall be mailed or hand delivered to the following address:
City of Fort Worth,Purchasing Division,
Lower Level, City Hall,200 Texas Street, Fort Worth,Texas 76102
Bids delivered by special courier(i.e.Federal Express,Special Delivery etc.)are to be marked on the
outside of the couriers shipping envelope BID No.20-0040, ITB-SMALL ENGINE REPAIR SERVICE AND MUST BE
RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.
Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid.
Bids may be withdrawn at any time prior to the official opening. Bids may not be altered,amended or withdrawn
after the official opening.The undersigned agrees, if the bid is accepted,to furnish any and all items upon
which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in
,this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date.
�,,,DOCUMENT NAME-LOCATION
Bid Offer Sheet"-Cover Page of Final Bid Document V1 and attached as a separate document
Instruction to Bidders-Part 1 of Final Bid Document V1
Purchasing Agreement Specifications- Part 2 of Final Bid Document V1
Standard Purchasing Terms and Conditions- Part 3 of Final Bid Document V1
Scope of Services/Specifications-Part 4 of Final Bid Document V1
Conflict of Interest Disclosure Requirement"-Attachment Aof Final Bid Document V1
Consideration of Location of Bidder's Principal Place of Business""(if applicable)- Attachment B of Final
Bid Document V1
Vendor Contact Information"-Attachment C of Final Bid Document V1
How to Register with the City of Fort Worth-Attachment D of Final Bid Document V1
No Bid Sheet-Attachment E of Final Bid Document V1
Vendor Service Agreement(Sample)-Attachment F of Final Bid Document V1
"*Required to be completed and submitted.See Section 20.0, Part 2 for all required document submission.
Documents are hereby incorporated into this Solicitation by reference,with the same force and effect as if
they were incorporated in full text.
20-0040 Small Engine Repair Service
Page 1 of 52
FORT WORTH.
CITY OF FORT WORTH BID OFFER
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWO1-20-0040 2
Event Round Version Submit To: City of Fort Worth
1 1 PURCHASING DIVISION
Event Name LOWER LEVEL CITY HALL
ITB Small Engine Re air Service 200 TEXAS ST.
Start Time Finish Time Fort Worth TX 76102
01 08 2019 08:00:00 CST 01 23 2020 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature,represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Legal Company Name:
Company Address:
City,State,Zip:
PeopleSoft Supplier No.
Federal ID Number(TIN):
Printed Name of Officer or Authorized Representative:
Title:
Signature of Officer or Authorized Representative:
Date:
Email Address:
Phone Number:
20-0040 Small Engine Repair Service
Page 2 of 52
PART-I
INSTRUCTION TO BIDDERS
1.0 SOLICITATION
1.1 Review of Documents: Bidders are expected to examine all documents that make up the
Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency
or error that they may discover upon examination of the Solicitation. Bidders must use a
complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or
misrepresentations that result from the use of incomplete Solicitations.
1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location
and phone number for the Purchasing Division are specified in the advertisement and in the
solicitation.
2.0 EXPLANATIONS OR CLARIFICATIONS
2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the
Solicitation must be requested in writing from the Purchasing Division with sufficient time
allowed for a written addendum to reach each Bidder before the submission of their Bid.
Interpretations, corrections, or changes to the Solicitation made in any other manner are
not binding upon the City, and Bidders shall not rely upon such interpretations, corrections
or changes. Oral explanations or instructions given before the award of the Contract are
not binding.
2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at
(817)392-8440. The fax must clearly identify the Buyer's name and the Solicitation
number. Any material information given to one Bidder concerning a Solicitation will be
furnished by an Addendum to all Bidders who have been issued a Solicitation.
2.3 Unauthorized Communications: Bidders' contact regarding this Invitation to Bid (ITB)
with employees or officials of the City other than the Purchasing Manager, the Minority and
Women Business Enterprise (M/WBE)Office, or as otherwise indicated in the ITB is
prohibited and may result in disqualification from this procurement process. No officer,
employee, agent or representative of the Respondent shall have any contact or discussion,
verbal or written,with any members of the City Council, City staff or City's consultants, or
directly or indirectly through others, seek to influence any City Council member, City staff,
or City's consultants regarding any matters pertaining to this solicitation, except as herein
provided. Any violation of this prohibition may result in the Respondent being disqualified
from the procurement process. Any oral communications are considered unofficial and
non-binding with regard to this ITB.
3.0 PRE-BID CONFERENCE-None
4.0 PREPARATION OF BIDS
Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids
submitted on other than the forms included in the Solicitation shall be considered non-responsive.
Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid.
4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State,
and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder
should request a Tax Exemption Certificate from the Purchasing Division. Under no
circumstances shall the City be liable to pay taxes for which the City has an exemption
under any Contract.
20-0040 Small Engine Repair Service
Page 4 of 52
4.2 Brand Name or Equal: If the Solicitation indicates brand name or"equal"products are
acceptable, the Bidder may offer an "equal"product and must be prepared to demonstrate
those features that render it equal. Final determination of a product as "equal" remains
with the City.
4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar
days. Time is of the essence in any City purchase. If the indicated date cannot be met or
the date is not indicated,the Bidder shall state its best delivery time.
4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and
Allowed. The Bidder should quote its lowest and best price,with the goods delivered to the
place specified, at the Bidder's expense and risk, and there tender delivery to the City.
Bids offering any other delivery terms are not acceptable and may be cause for rejection.
4.5 Prices:
4.5.1 Bids shall be firm priced offers unless otherwise specified.
4.5.2 Pricing shall be entered on the City of Fort Worth Bid Offer(Bid Offer)in ink.
4.5.3 Totals shall be entered in the "Total Price"column of the Bid Offer.
4.5.4 In the event of a discrepancy between unit price and extended price,the unit price
shall govern.
4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal
fractions thereof).
4.6 Signature:The Bidder must sign each document in the Solicitation requiring a signature.
Any change made to the Bid must be initialed by the Bidder.
4.7 Bid Security: If a bid security is required for this purchase,the requirement will be reflected
in the"Specification"section of the bid package. Cashier's check or an acceptable surety
bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid
is submitted, and is subject to forfeiture in the event the successful bidder fails to execute
the contract documents within 10 calendar days after the contract has been awarded.
4.7.1 To be an acceptable surety on the bond:
4.7.1.1 The name of the surety shall be included on the current Department of the
Treasury's Listing of Approved Sureties (Department Circular 570); or
4.7.1.2 The surety must have capital and surplus equal 10 times the amount of the
bond. The surety must be licensed to do business in the state of Texas.
4.8 Alternate Bids: Bidders may offer an "equal"product as an alternate bid. Final "approved
equal"determination remains with the City.
4.9 Proprietary Information:
4.9.1 All material submitted to the City becomes public property and is subject to the
Texas Open Records Act upon receipt.
4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each
page must be identified and marked proprietary at time of submittal. The City will,
to the extent allowed by law, endeavor to protect such information from disclosure.
The final decision as to information that must be disclosed lies with the Texas
Attorney General.
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4.9.3 Failure to identify proprietary information will result in all unmarked sections being
deemed non-proprietary and available upon public request.
4.10 Bid Preparation Costs:All costs associated with preparing a Bid in response to a
Solicitation shall be borne by the Bidder.
4.11 Payments:All payment terms shall be"Net 30 Days"unless otherwise specified in the bid
document.
4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to
providing goods and/or services using the forms posted on the City's website at
http://www.fortworthgov.org/purchasinq/, click on"Automated Clearing House
Setup"
5.0 SUBMISSION OF BIDS
5.1 Bid document: Unless otherwise specified, Bidders are required to submit a signed
executed original and one scanned copy in flash drive. Bids must be submitted in a sealed
envelope with the bid number written on the outside of the envelope.
5.2 Documents required with Bid:The following documents must be submitted with each Bid
prior to the Due Date:
5.2.1 The completed and signed Bid Offer;
5.2.2 Price List, if applicable; and
5.2.3 Any other document included in the Solicitation requiring completion or execution
by the Bidder.
5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and returning the
Addendum with the Bid if requested or under separate cover prior to the Due Date and
Time. Addenda containing bid pricing should be returned in a sealed envelope marked on
the outside with the Bidder's name, address,the Solicitation number, and the Due Date and
time.
5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and
Time. All Bids received after the Due Date and Time are considered late and will be
returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the
Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure
timely delivery of the Bid to the Purchasing Division. The City will not be responsible for
failure of service on the part of the U.S. Postal Office, courier companies, or any other form
of delivery service chosen by the Bidder. Bids delivered to a City location other than the
Purchasing Division will not be considered. The Bid must be received by the Purchasing
Division and stamped before deadline to be considered.
6.0 MODIFICATION OR WITHDRAWAL OF BIDS
6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date.
6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the
facsimile is signed by the Bidder)at any time prior to the Due Date. A Bid may also be
withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A
receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the
Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid.
Withdrawn Bids may be resubmitted,with or without modifications, prior to the Due Date.
The City may require proof of agency from the person withdrawing a bid.
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7.0 OPENING OF BIDS
The Purchasing Division representative responsible for opening Bids shall personally and publicly
open all Bids timely received, reading each bid aloud.
8.0 EVALUATION FACTORS AND AWARD
8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless
otherwise specified). However,the City may evaluate and award the Contract for any item
or group of items shown on the Solicitation, or any combination deemed most
advantageous to the City. Bids that specify an"all or none" award may be considered if a
single award is advantageous.
8.2 Award. The Method of Award is detailed in Section 19 in Part 2 Purchasing Agreement
Specifications
8.3 Acceptance of Bid:Acceptance of a Bid will be in the form of a Purchase Order or a
Contract. Subsequent purchase releases may be issued as appropriate. The contents of a
Bid shall become a part of the Contract. Under no circumstances will the City be
responsible for Goods or Services provided without an acceptance signed by an Authorized
City Representative.
8.4 Reservations:The City expressly reserves the right to:
8.4.1 Specify approximate quantities in the Solicitation;
8.4.2 Extend the Solicitation opening date and time;
8.4.3 Consider and accept alternate Bids, if specified in the Solicitation,when most
advantageous to the City;
8.4.4 Waive as an informality, minor deviations from specifications provided they do not
affect competition or result in functionally unacceptable goods or services;
8.4.5 Waive any minor informality in any Bid or Solicitation procedure(a minor informality
is one that does not affect the competitiveness of the Bidder);
8.4.6 Add additional terms or modify existing terms in the Solicitation;
8.4.7 Reject a bid because of unbalanced unit prices bid;
8.4.8 Reject or cancel any or all Bids;
8.4.9 Reissue a Solicitation;
8.4.10 Procure any item by other means; and/or
8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and
secondary vendors.
9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS
9.1 Certificates of Insurance:When insurance is required,the successful Bidder must provide
Certificates of Insurance in the amounts and for the coverages required to the Purchasing
Office within 14 calendar days after notification of award, or as otherwise required by the
Solicitation.
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9.2 Payment and/or Performance Bonds:When Payment and/or Performance Bonds are
required,the successful Bidder must provide the bonds, in the amounts and on the
conditions required,within 14 calendar days after notification of award, or as otherwise
required by the Solicitation.
9.3 Minority Business Enterprise(MBE) Documents: If an MBE goal has been established
for the bid,the applicable documents must be submitted by all bidders wishing to continue
in the bid evaluation process within two(2) City business days after the bid opening date,
exclusive of the bid opening date,to the City location specified in the bid. Bidders shall
obtain a receipt from the appropriate department as evidence that the City received the
documentation.
9.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be
approved by the City Council before execution,the successful bidder is required to
complete the Certificate of Interested Parties Form 1295 and submit the form to the
Purchasing contact listed in the solicitation before the purchase/contract will be presented
to the City Council. The form may be completed at
https://www.ethics.state.tx.us/whatsnew/elf info form1295 htm.
10.0 PROTEST PROCEDURE
10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process
or the bid award if they believe that there has been any impropriety or unfair criteria in the
process.
10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days
after the vendor knows, or should have known, of the facts relating to the proposed action
or award.
10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a
purchasing action through telephone discussions, mail, email or in person meetings with
the protesting vendor.
10.4 After discussions or meetings,the Purchasing Manager or designee will issue a decision in
writing, state the reasons for the action taken and inform the protesting vendor of the right
to review by a panel made up of City staff.
10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the
operating department, the Purchasing Manager and any other appropriate personnel or
employees of the operating department.
10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the
vendor does not agree,the protesting vendor will be invited to attend the City Council
meeting at which the recommended award is to be presented to the City Council and make
known his/her concerns. The protesting vendor will be instructed to arrive prior to the start
of the City Council meeting and complete a card requesting to speak concerning the
particular Mayor and Council Communication document(M&C)in question.
10.6.1 Vendors wishing to speak before the City Council should review the rules for
registering to appear before City Council located at:
http://fortworthtexas.aov/citvsecretary/info/default.aspx?id=2914 on the City's
website.
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11.0 COOPERATIVE PURCHASING
11.1 Should other governmental entities decide to participate in this contract, bidder,shall
indicate in their proposals whether they agree that all terms, conditions, specification, and
pricing would apply.
11.2 If the successful bidder agrees to extend the resulting contract to other governmental
entities,the following shall apply: Governmental entities within utilizing Contracts with the
City of Fort Worth shall be eligible, but not obligated,to purchase material/services under
this contract(s)awarded as a result of this solicitation. All purchases by governmental
entities other than the City of Fort Worth shall be billed directly to that governmental entity
and paid by that governmental entity. The City of Fort Worth shall not be responsible for
another governmental entity's debts. Each governmental entity shall order its own
material/services as needed
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PART—2
PURCHASING AGREEMENT SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City)seeks bids to finalize an Agreement for small engine repair
service for City Departments on an as needed basis.The successful bidder(s), known
hereafter as"Contractor"/"Vendor."
1.2 The term of this Agreement shall begin on the date stated in Purchase Order("Effective
Date")and shall expire one year from the effective date, unless terminated earlier in
accordance with the provisions of this Agreement.This Agreement may be renewed
automatically under the same terms and conditions for four additional one year periods,
unless City or Vendor provides the other party with notice of non-renewal at least 60 days
before the expiration of the initial term or renewal period.
1.3 Following the award, additional services of the same general category that could have been
encompassed in the award of this Agreement, and that are not already on the Agreement,
may be added based on the discount bid and price sheet provided with the bid.
1.4 Unit prices shall include all costs associated with the specified work, including but not
limited to handling, delivery,fuel charges,fees and certifications fees. No additional
charges will be accepted or paid by the City.
1.5 All items supplied resulting from this bid shall be of recent production, unused, and suitable
for their intended purpose.
1.6 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS
2.1 The Vendor hereby agrees to provide the City with requirements attached hereto and
incorporated for all purposes incident to this Agreement in Part - 4, Scope of
Services/Specifications and Attachment F, Vendor Service Agreement, more specifically
describing the services to be provided hereunder.
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP
3.1 The Vendor shall notify the City's Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records.The
president of the company or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
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4.0 LAWS, REGULATIONS,AND ORDINANCES
4.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations;
State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City:
laws, ordinances, and regulations for safety of people, environment, and property.This
includes, but is not limited to, all Federal, State, County, and City Agencies,Administrations
and Commissions such as the Environmental Protection Agency(EPA), Occupational
Safety and Health Administration (OSHA), and the Texas Commission on Environmental
Quality(TCEQ). In the event any law, regulation or ordinance becomes effective after the
start of this Agreement,the Vendor is required to comply with new policy.Any mandates
requiring the City to comply with new guidelines will also require the Vendor to comply.
5.0 INVOICING REQUIREMENTS
5.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Vendor to get the name of the responsible person,telephone numbers
and address of the department's division at the time the service is requested.
5.2 A properly prepared invoice shall be typewritten or computer printed and shall include the
Vendor's name, number and federal tax identification number, invoice number, address,
date, service or item description, unit price, extended cost, and City issued purchase order
number. Incomplete or inaccurate invoices may result in delayed payments, as they shall
be returned to the Vendor for correction and re-submittal.
6.0 UNIT PRICE ADJUSTMENT
6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the
renewal period but before the effective date of the renewal upon written request from the
Vendor.
6.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the
renewal effective period. The Vendor shall provide written proof of cost increases with
price adjustment request.
6.3 If the City concludes that the rate increase being requested is exorbitant,the City reserves
the right to adjust the rate request, or reject the rate request in its entirety and allow the
contract to expire at the end of the contract term. If the City elects not to exercise the
renewal option,the Purchasing Division will issue a new solicitation.
6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
6.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in
extensions or totals,the unit prices offered will govern.
6.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the city
to re-bid an agreement, not to exceed ninety(90)days.Vendor will be reimbursed for this
service at the prior agreement rate(s).Vendor shall remain obligated to the City under all
clauses of this Agreement that expressly or by their nature extends beyond and survives
the expiration or termination of this Agreement.
6.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written
notice to the City.
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7.0 QUANTITIES
7.1 The quantities listed on the bid solicitation are only estimates based on previous usage and
do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth
is obligated to pay for only those materials and services actually ordered by an authorized
City employee and then received as required and accepted by the City.
8.0 INSURANCE REQUIREMENTS
8.1 The Vendor shall assume all risk and liability for accidents and damages that may occur to
persons or property during the prosecution of work under this Agreement. The Vendor shall
file with the City of Fort Worth Purchasing Division, prior to the commencement of services,
a certificate of insurance documenting the following required insurance.
8.1.1 Failure to provide such information within five (5) calendar days may be grounds
for Agreement termination.
8.2 Policies shall have no exclusions by endorsements which nullify the required lines of
coverage, nor decrease the limits of said coverage unless such endorsements are
approved by the City. In the event a contract has been bid or executed and the exclusions
are determined to be unacceptable or the City desires additional insurance coverage, and
the City desires the Vendor to obtain such coverage,the contract price shall be adjusted by
the cost of the premium for such additional coverage plus 10%.
8.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance at
the following limits:
$100,000 Each Accident
$500,000 Disease—Policy limit
$100,000 Disease—Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers'Compensation Act(Art. 8308
— 1.01 et seq. Tex. Rev. Civ. Stat.)and minimum policy limits for Employers'
Liability of$100,000 each accident/occurrence, $500,000 bodily injury disease
policy limit and $100,000 per disease per employee.
8.2.2 Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the following: premises/operations,
independent vendors, products/completed operations, personal injury, and
contractual liability. Insurance shall be provided on an occurrence basis, and as
comprehensive as the current Insurance Services Office(ISO)policy.
8.2.3 Auto Liability Insurance shall be provided as follows:
$1,000,000 Combined Single Limit Each Accident
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A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned.
8.2.4 The Vendor shall furnish the Purchasing Manager,with a certificate of insurance
documenting the required insurance prior to the commencement of services.
8.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty-(30)day notice
of cancellation, material change in coverage, or non-renewal of coverage.
8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an
additional insured, as its interests may appear(ATIMA).
9.0 ADDITIONAL INSURANCE REQUIREMENTS
9.1 The City, its officers, employees and servants shall be endorsed as an additional insured
on Vendor's insurance policies excepting employer's liability insurance coverage under
Vendor's workers' compensation insurance policy.
9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must
be received before Vendor can begin work. Failure to supply and maintain such insurance
shall be a breach of contract. Vendor shall provide complete copies of all insurance policies
required by this Agreement. Certificates of insurance must be supplied to:
Financial Management Services Department
Attention: Purchasing Division Bid#20-0040
200 Texas Street, Fort Worth,Texas 76102
9.3 Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance policy
shall be endorsed to provide the City a minimum 30 day notice of cancellation, non-
renewal, and/or material change in policy terms or coverage. A ten (10)day notice shall be
acceptable in the event of non-payment of premium.
9.4 Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of A:VII or equivalent measure of financial strength and solvency.
9.5 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
9.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups.The City must approve in writing any alternative coverage.
9.7 Workers'compensation insurance policy(s)covering employees of the Vendor shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
9.8 City shall not be responsible for the direct payment of insurance premium costs for
Vendor's insurance.
9.9 Vendor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery.
9.10 While the purchase order is in effect,Vendor shall report, in a timely manner,to the
Purchasing Department any known loss occurrence that could give rise to a liability claim or
lawsuit or which could result in a property loss.
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9.11 Vendor's liability shall not be limited to the specified amounts of insurance required herein.
10.0 PERFORMANCE
10.1 Failure of the City to insist in any one or more instances upon performance of any of the
terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the Vendor's
obligation with respect to such performance shall continue in full force and effect.
11.0 COMPLAINTS
11.1 Complaints processed through the City Purchasing Division are to be corrected within
fourteen (14)days of formal notice of complaint.Written response to the Purchasing
Division is required. Failure to properly resolve complaints within the fourteen (14)calendar
day time period may result in the cancellation of the applicable line item(s)in the price
agreement.
12.0 SUBCONTRACTING
12.1 No subcontracting of the work under this Agreement will be allowed without written
permission from the City.
13.0 DELIVERY
13.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the
unit price. The person placing the order will provide delivery and billing information. No
additional charges for expenses,freight, mileage,time, or similar items will be accepted or
paid by the City.
13.2 In the event the Vendor is unable to meet the original delivery date(s),the City must be
contacted immediately, but prior to the due date, and seek an extension of delivery time.
Failure to comply with the delivery terms may be legal grounds for canceling an order(s), or
the entire Agreement in accordance with the Termination Clause shown elsewhere in the
solicitation.
13.3 Delivery tickets must include the City's Blanket Order Number and the ordering
department's Release Number.
13.4 Delivered items that are determined to be defective or not meeting bid specifications shall
be picked up and replaced by the Vendor, or the Vendor's designee, at no cost to the City.
If the item (s)are not picked up within one (1)week after notification,the item shall become
a donation to the City for disposition.
14.0 OMITTED
15.0 OMITTED
16.0 HAZARDOUS CONDITIONS
16.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to City property.
17.0 CONTRACT ADMINISTRATION
17.1 Contract administration will be performed by the City Department. In the event the Vendor
fails to perform according to the terms of the agreement,The Department head or his/her
designee will notify the Vendor, in writing, of its failures.A meeting may be arranged to
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discuss the Vendor's deficiencies. A written cure notice may be prepared giving the
Vendor 14 calendar days to cure any deficiency.
17.2 In the event the Vendor continues with unsatisfactory performance,the department will
promptly notify the Purchasing Manager who will take appropriate action to cure the
performance problem(s),which could include cancellation,termination for convenience or
default. If the agreement is terminated for default,the Vendor may be held liable for excess
cost and/or liquidated damages.
17.3 The Vendor will be paid only those sums due and owing under the agreement for services
satisfactorily rendered, subject to offset for damages and other amounts which are, or
which may become, due and owing to the City.
17.4 The City reserves the right to terminate this agreement, or any part hereof,for its sole
convenience. In the event of such termination,the Vendor shall immediately stop all work
hereunder and shall immediately cause any and all of its suppliers and subVendors to
cease work. Subject to the terms of this agreement,the Vendor shall be paid a percentage
of the agreement price reflecting the percentage of the work performed prior to the notice of
termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the
City using its standard record keeping system, have resulted from the termination.
However, in no event shall the total of all amounts paid to the Vendor exceed the
agreement price.The Vendor shall not be reimbursed for any profits which may have been
anticipated, but which have not been earned up to the date of termination.
18.0 BIDDERS QUALIFICATIONS
18.1 The following information must be submitted as part of the bid package and shall be
supplied in the following order:
18.1.1 Bidder's background, services provided and number of years in business.
18.1.2 Bidders shall provide evidence that they are duly qualified and capable to fulfill and
abide by the requirements listed herein with the bid.The bidder shall demonstrate
its ability to secure and perform the services within the delivery requirements
specified herein.
18.1.3 In order to receive bid award consideration,the bidder shall maintain sufficient
resources to fulfill normal City of Fort Worth requirements.
18.1.4 Bidders shall provide a reference list of a minimum of three (3)current customers
(comparable in size)who the bidder has recently supplied subject item(s)on a
continuing basis over a recent twelve (12) month period.
19.0 METHOD OF AWARD
19.1 Bids will be evaluated based on the lowest responsive and responsible bidder complying
with all of the provisions of the solicitation, provided the bid price is reasonable, and it is in
the best interest of the City to accept it.
19.1.1 A responsive bidder is defined to be one who submits a completed bid packet
within the stated time deadline and in accordance with the bid specification.
19.1.2 A responsible bidder is defined to be one who demonstrates via responses to the
selection criteria his/her ability to successfully deliver the supplies, equipment,or
services being procured.
19.2 In order for the City to receive adequate coverage on its requirements as specified in the
solicitation,the City reserves the right to make multiple awards.
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EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
LEONARD'S FARM&RANCH STORE,INC
7321 CAMP BOWIE WEST BLVD.
FORT WORTH,TEXAS 76116
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
Vendor Services Agreement—Exhibit C Page 13 of 13