Loading...
HomeMy WebLinkAboutContract 57812City Secretary Contract No. _____________ Vendor Services Agreement Page 1 of 26 Zimmerer Kubota & Equipment, Inc. NON-EXCLUSIVE VENDOR SERVICES AGREEMENT _____________________________________________________________________________ This NON-EXCLUSIVE VENDOR SERVICES AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF FORT WORTH (“City”), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Zimmerer Kubota & Equipment (“Vendor” or “Contractor”), a TEXAS CORPORATION and acting by and through its duly authorized representative, each individually referred to as a “party” and collectively referred to as the “parties.” WHEREAS, through RFP No. 22-0017, the City solicited bids to award non-exclusive services agreements to multiple bidders to provide repairs, maintenance and purchase of parts for a variety of heavy duty vehicles, lawn, and marine equipment in the City’s fleet, on an as needed basis, in the City with an aggregate amount of up to $1,305,278.00 per year for contracts awarded to the successful bidders; WHEREAS, Vendor was one of the successful bidders awarded a contract to provide non- exclusive repairs, maintenance, and purchase parts for a variety of heavy duty vehicles, lawn, and marine equipment in the City’s fleet; and WHEREAS, City and Vendor wish to set out terms of Vendor’s non-exclusive repairs, maintenance, and purchase parts for a variety of heavy duty vehicles, lawn, and marine equipment in the City’s fleet. NOW, THEREFORE, the parties, acting herein by the through their duly authorized representatives, enter into the following agreement: AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1.This Non-Exclusive Vendor Services Agreement; 2.Exhibit A – Scope of Services; 3.Exhibit B – Price Schedule; 4.Exhibit C – City’s RFP No. 22-0017 5.Exhibit D – Vendor’s Bid Response to City’s RFP No. 22-0017; and 6.Exhibit E – Verification of Signature Authority Form. Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1.Scope of Services. 57812 Vendor Services Agreement Page 2 of 26 Zimmerer Kubota & Equipment, Inc. 1.1 Vendor agrees to provide to the City repairs, maintenance and purchase of parts for a variety of heavy duty vehicles, lawn, and marine equipment in the City’s fleet, on an as needed basis (“Services”), which are set forth in more detail in Exhibit “A,” attached hereto and incorporated herein for all purposes. 1.2 Vendor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for service repairs maintenance and purchase of parts for a variety of heavy duty vehicles, lawn, and marine equipment in the City’s fleet, on an as needed basis, as outlined in City of Fort Worth Bid Solicitation (RFP No.22-0017), which is attached hereto as Exhibit C, and incorporated herein for all purposes. Vendor further understands that the aggregate amount of all contracts awarded to multiple Vendors under RFP No. 22-0017 shall be an amount not to exceed $ 1,305,278.00 per year, and the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement. Vendor’s Response to City of Fort Worth ITB No 22-0017 (“Vendor’s Response”) is attached hereto as Exhibit D, and incorporate herein for all purposes. 2. Term. This Agreement begins on June 14, 2022 (“Effective Date”) and expires on June 13, 2023 (“Expiration Date”), unless terminated earlier in accordance with this Agreement (“Initial Term”). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a “Renewal Term”). 3. Compensation. 3.1 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 annual under this Agreement will not exceed One Million Three Hundred Five Thousand Two Hundred and Seventy-Eight Dollars and No Cents ($1,305,278.00). Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. Vendor understands and agrees that the aggregate amount of all contracts awarded to multiple Vendors under RFP No. 22-0017 shall be an amount not to exceed $ 1,305,278.00 per year, and the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement. 3.2 Vendor agrees to submit estimates and invoices in accordance with the estimate and invoice requirements stated in Exhibit “A”. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days’ written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which Vendor Services Agreement Page 3 of 26 Zimmerer Kubota & Equipment, Inc. appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City (“City Information”) as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 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 Vendor Services Agreement Page 4 of 26 Zimmerer Kubota & Equipment, Inc. reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 8. Liability and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION – Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for 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, Vendor Services Agreement Page 5 of 26 Zimmerer Kubota & Equipment, Inc. negotiations, or lawsuit as necessary to protect City’s interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City’s assumption of payment of costs or expenses will not eliminate Vendor’s duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 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 Vendor Services Agreement Page 6 of 26 Zimmerer Kubota & Equipment, Inc. (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. “Any vehicle” will be any vehicle owned, hired and non-owned. (c) Worker’s Compensation: Statutory limits according to the Texas Workers’ Compensation Act or any other state workers’ compensation laws where the Services are being performed Employers’ liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers’ compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days’ notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days’ notice will be acceptable in the event of non-payment of premium. Notice must be sent to the 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. Vendor Services Agreement Page 7 of 26 Zimmerer Kubota & Equipment, Inc. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor’s duties and obligations hereunder, it will not discriminate i n 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 Dana Burghdoff 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney’s Office at same address To VENDOR: Zimmerer Kubota & Equipment, Inc. Samantha Smith, Corporate Service Assistant 5165 Mark IV Parkway Fort Worth, Texas 76106 Facsimile: 817-581-1297 Vendor Services Agreement Page 8 of 26 Zimmerer Kubota & Equipment, Inc. 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. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor’s respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force 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 Exhibits A, B, and C. Vendor Services Agreement Page 9 of 26 Zimmerer Kubota & Equipment, Inc. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor’s option, Vendor will either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration 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 (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR’S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, “Work Product”). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. Vendor Services Agreement Page 10 of 26 Zimmerer Kubota & Equipment, Inc. 28. 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” 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 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies d uring the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries . Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which Vendor Services Agreement Page 11 of 26 Zimmerer Kubota & Equipment, Inc. will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, “electronic signature” means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement, including all attachments and exhibits, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. [SIGNATURE PAGE TO FOLLOW] Eliana Guevara on behalf of Alan Shuror (Jul 7, 2022 10:26 CDT) Eliana Guevara on behalf of Alan Shuror Steve Cooke (Jul 7, 2022 12:26 CDT) Christopher Austria (Jul 7, 2022 12:27 CDT) Dana Burghdoff (Jul 8, 2022 10:33 CDT) Dana Burghdoff Jannette S. Goodall (Jul 8, 2022 14:19 CDT) Jannette S. Goodall EXHIBIT A SCOPE OF SERVICES 1. The Property Management Department (PMD) shall utilize this Agreement for service repairs maintenance and purchase of parts for a variety of heavy duty vehicles, lawn, and marine equipment in the City’s fleet, on an as needed basis. 2. 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 in writing if mutually agreed by the Vendor and City. 3. 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. 4. All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 5. VENDOR RESPONSIBILTIES 5.1. Vendors shall provide pricing on parts and labor for the services and a list of brands provided on the attached Bid Solicitation pages of this ITB. 5.2. Vendor shall provide unit prices for listed items. Unit prices shall include all associated costs unless specified in Exhibit B, not limited to delivery, fuel and handling charges. No additional charges will be accepted or paid by the City. 5.2.1. The City will ensure that vehicles will have a minimum of a quarter (1/4) tank of fuel when dropped off for service. 5.3. Vendors may charge an hourly non-warranty labor rate per service, a cost plus (+) for parts, a diagnostic fee (detailed out), and any applicable transportation fees, if any, as indicated on Exhibit B. There are no guarantees the City will accept or held financially or liable for costs outside of labor and materials/ parts unless specified on Exhibit B. 5.4. Vendors shall provide documentation on their personnel authorized to perform work on City vehicles and equipment. This includes all certifications, such as the National Institute for Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the vendor to perform said work. All licenses, permits, insurance and any other documentation that is required by local, state and/or federal agencies are to be maintained during the term of this contract. 5.5. Vendors shall be authorized to diagnose, repair and service vehicles and equipment for the City’s Heavy duty fleet. 5.6. Vendors shall perform work using the most up to date and appropriate methods available for said work under industry standards. This includes, but is not limited to, all suitable repair equipment and parts to insure the satisfactory execution of any repair or installation. 5.7. Vendors shall respond and supply requested materials or services required during regular business hours within the response time (DELIVERY) from receipt of request per section 6.0 or less including shipment by mutual agreement form the time original request is made. 5.8. Vendors shall provide the City priority service, as many City vehicles are utilized for public safety and emergency response. Expeditious turn-around is critical to City operations. Additional fees for priority services are prohibited. 6. HOURS 6.1. Vendors shall respond to a work order within 24 hours of notification. 6.2. Vendors shall deliver completed vehicles to the Fleet Service Center, Monday through Friday between 7:30 a.m. – 9:30 p.m. unless expressly authorized by the Fleet Service Center Supervisor(s) or their designee. Any deviation from this timeframe shall require written approval from the Fleet Service Center Supervisor(s) or their designee. 7. AFTER HOURS 7.1. After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am, holidays and weekends. 8. PARTS 8.1. All parts utilized in repairs, replacements or installations on City vehicles and equipment must be new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts can be considered but must be approved in writing by City PMD Fleet personnel prior to being utilized by a vendor. 8.2. Vendor shall warranty all work and products supplied under this Agreement against any defects in design, workmanship, materials and failure to operate satisfactorily. Each product shall be constructed to the highest industry standards. Products manufactured of poor workmanship will not be accepted. 8.3. The City reserves the right to supply parts as the City determines is necessary. 8.4. Vendor may charge a cost plus (+) for parts as indicated on Exhibit B. There are no guarantees the City will accept or held financially or liable for costs outside of labor and materials/ parts unless specified on Exhibit B 9. INVENTORY OF ASSETS 9.1. Assets that may need repairs and services but are not limited to, the inventory listed below: Up to 3,000 on-road and 1,600 off -road vehicles and equipment including, but not limited to: Types of Equipment Manufacturers Fire Trucks Dump Trucks Heavy-Duty Trailers Bucket Trucks Off Road Equipment Transfer Trucks Motor Homes Fuel Trucks Water Tankers Container Trucks Sewer Equipment and other related types of equipment over 1 ton Allison Altec Artic Cat Aquatech Bendix Big Tex BMW Champion Chevy Cummins Custom- Chris Trim Custom- Lawhon Custom- Tommy Gate Custom- Youngs Delta Rigging Detroit Dodge Doosan Duetz Eaton E-One Ford Freightliner Honda Hyundai International Interstate Trailers Isuzu JCB Jeep JLG John Deere – Green (AG) Kawaski Kenworth Kobelco KTM Kubota Mack M&D Mazda Mercedes/ Sprinter Meritor Metro Mitsubishi Muncie National Crane New Holland Nissan Onan Generators Peterbilt Pierce – Fire Apparatus Pioneer Pipehunter/ Jeteye Progard ROM Corp Rosenbauer Spartan Spitzlift Sterling Tennant Terex Texas Steer Toyota Tracker Twister Vac-Con Vactor Verneer Versalift Volvo WABCO Wacker Whelen Yamaha Zodiac and other related manufacturers over 1 ton City Secretary Contract No. _____________ Vendor Services Agreement Page 16 of 26 Zimmerer Kubota & Equipment, Inc. 10. ESTIMATES 10.1. Vendors will be required to provide written estimates to Fleet Service Center Supervisors or designee personnel before the start of any work. The estimates may be emailed to the Fleet Service Center Supervisors or designee who requested the services to be completed. 10.2. If during the course of the originally estimated repairs, it is noted that further repairs will be needed, a revised estimate must be prepared by Vendors for the additional work. 10.3. Estimates provided by vendors shall state ‘Warranty Service’ if City vehicles or equipment will be serviced for warranty work. 10.4. Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases. 10.5. Vendors shall send confirmation and a cost estimate to the Fleet Service Center Supervisor(s) or designee within 24 hours of receiving a list of equipment for inspection and testing. 10.6. Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non-warranty 10.7. All estimates provided by vendors will be quoted on a ‘time and materials’ basis, adherence to the agreed upon contract rate(s) and itemized to illustrate the cost of each of the following, if applicable to the service or work performed: 10.7.1. Estimates shall include number of and cost of part(s) to be installed. 10.7.2. Estimates shall include cost of labor to perform repair and/or installation; itemized by number of labor hours per labor line. 10.7.3. Estimates shall include itemized inspection/diagnostic fees. 10.7.4. Transportation fees, if any, for pick-up or delivery. 10.7.5. Miscellaneous shop fees will not be allowed. This should be considered when bidding applicable costs in the other time and materials categories. 10.7.6. Travel charges for mobile services will only be considered if included in Exhibit B and should be itemized. 10.8. Final invoices submitted to the City for work performed should always match the final estimate received and approved by the City. All revised estimates must be approved in writing prior to billing. 10.9. Fleet Service Center Supervisors or designee will provide written authorization and a Purchase Order (PO) to proceed with the inspection and testing or repairs after evaluating the estimate. Vendors are not authorized to proceed with inspection, testing or repairs based on verbal authorizations and assumes all liability and responsibility for inspection, and testing performed based on such verbal authorizations. 10.10. PMD Fleet shall issue a purchase order for billable repairs and sent to the vendor via email. Repairs are NOT to be performed until a purchase order has been issued and provided to the Vendor from PMD Fleet Division. This ensures proper tracking and documentation are in place for the Vendor and the City 10.11. Fleet shall create necessary work order for tracking. 10.12. Fleet staff shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. Professional Services Agreement Page 17 of 26 Zimmerer Kubota & Equipment, Inc. 10.13. Vendor shall be notified, via email, of repairs needed and/or diagnosis from Fleet. 11. INVOICING REQUIREMENTS 11.1. The City of Fort Worth has begun implementing an automated invoicing system. 11.2. The Vendor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 11.3. Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234) 11.4. To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: 11.4.1. All invoices must be either a PDF or TIFF format. 11.4.2. Image quality must be at least 300 DPI (dots per inch). 11.4.3. Invoices must be sent as an attachment (i.e. no invoice in the body of the email). 11.4.4. One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. 11.4.5. Please do not send handwritten invoices or invoices that contain handwritten notes. 11.4.6. Dot matrix invoice format is not accepted. 11.4.7. The invoice must contain the following information: 11.4.7.1. Supplier Name and Address; 11.4.7.2. Remit to Supplier Name and Address, if different; 11.4.7.3. Applicable City Department business unit# (i.e. FW013) 11.4.7.4. Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); 11.4.7.5. Invoice number; 11.4.7.6. Invoice date; and 11.5. Invoices should be submitted after delivery of the goods or services. 11.6. To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ_FIN_AccountsPayable@fortworthtexas.gov. 11.7. If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 11.8. If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth, Attn: FMS Central Accounts Payable, 200 Texas Street, Fort Worth, Texas, 76102 11.9. The City’s goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Vendor’s support. Professional Services Agreement Page 18 of 26 Zimmerer Kubota & Equipment, Inc. 11.10. If Vendor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ_FIN_AccountsPayable@fortworthtexas.gov. 11.11. Vendor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor’s request. 12. HAZARDOUS CONDITIONS 12.1. The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 13. UNIT PRICE ADJUSTMENT 13.1. 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. 13.2. 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. 13.3. 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. 13.4. Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 13.5. 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. 13.6. 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. 13.7. Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. 14. PERFORMANCE 14.1. 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. 15. COMPLAINTS 15.1. 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. 15.2. 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. 16. CONTRACT ADMINISTRATION 16.1. Contract administration will be performed by the City Department. In the event the Vendor Professional Services Agreement Page 19 of 26 Zimmerer Kubota & Equipment, Inc. fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor’s deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 16.2. In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the 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. 16.3. The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered. 16.4. The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. City Secretary Contract No. _____________ Vendor Services Agreement Page 20 of 26 Zimmerer Kubota & Equipment, Inc. EXHIBIT B PAYMENT SCHEDULE Professional Services Agreement Page 21 of 26 Zimmerer Kubota & Equipment, Inc. EXHIBIT B PAYMENT SCHEDULE Professional Services Agreement Page 22 of 26 Zimmerer Kubota & Equipment, Inc. EXHIBIT B PAYMENT SCHEDULE Professional Services Agreement Page 23 of 26 Zimmerer Kubota & Equipment, Inc. EXHIBIT B PAYMENT SCHEDULE Professional Services Agreement Page 24 of 26 Zimmerer Kubota & Equipment, Inc. EXHIBIT C CITY’S RFP No. 22-0017 (RFP No. 22-0017, Pages Follow) Event Description The City of Fort Worth (City) seeks bids to finalize an annual agreement with multiple vendors for repair services for City owned heavy duty vehicles and equipment and to establish an Annual Agreement to provide Original Equipment Manufacturer (OEM) Authorized Service Facilities for the Property Management Department (PMD) on an as needed as specified in this Invitation to Bid (ITB.) Terms & Conditions All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please visit https://www.fortworthtexas.gov/departments/finance/purchasing/register for more information. Assigned Buyer: Ashley Kadva There will be a pre-proposal conference held on December 23, 2021 at 2:00 PM Location: City Hall 200 Texas St Room 380, 3rd Floor Fort Worth, Texas 76102 Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., December 16, 2021, 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. 22-0017, ITB - Heavy Duty Repair and 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 120 calendar days after the bid opening date. Solicitation Documents: 1.) Cover Page 2.) Bid Submission Signature Page** 3.) Bid Solicitation** 4.) Part 1 - Instructions 5.) Part 2 Scope of Services/Specifications 6.) Attachment A - Conflict of Interest Disclosure Requirement** 7.) Attachment B - Vendor's Contact Information 8.) Attachment C - Consideration of Location of Bidder's Principal Place of Business**( if applicable) 8.) Attachment D - Reference Sheet 9.) Attachment E - Detailed Scope of Services 9.) Attachment F - Draft Services Agreement, attached as a separate document **Required to be completed and submitted. See Section 14.2, Part 1 for all required documents that need to be submitted. Failure to submit all items will be grounds for rejection of a bid as non-responsive to the specifications. 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 COVER PAGE Invited:PUBLIC EVENT DETAILS Submit To:City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email:FMSPurchasingResponses@fortworthtexas.gov Event ID Page CFW01-22-0017 1 Event Round Version 1 1 Event Name ITB Heavy Duty Repair and Service Start Time Finish Time 12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST ITB 22-0017 Heavy Duty Repair and Services Page 1 of 52 The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. Legal Company Name:_________________________________________________ Company Address:________________________________________ City, State, Zip:_______________________________________ Vendor Registration No._______________________________________ Printed Name of Officer or Authorized Representative: _____________________________________ Title: ______________________________________________________ Signature of Officer or Authorized Representative:__________________________________________ Date:___________________________________________________________ Email Address:___________________________________________________ Phone Number: ________________________________________________ Federal Identification Number (FID): _________________________________ Will agreement be available for Cooperative Agreement use? Yes___ No ___ BID SUBMISSION SIGNATURE PAGE Invited:PUBLIC EVENT DETAILS Submit To:City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email:FMSPurchasingResponses@fortworthtexas.gov Event ID Page CFW01-22-0017 2 Event Round Version 1 1 Event Name ITB Heavy Duty Repair and Service Start Time Finish Time 12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST ITB 22-0017 Heavy Duty Repair and Services Page 2 of 52 Line:1 Description:Qty Unit UnitPrice Total Diagnostic/Evaluation Fee 1000.00 EA Line:2 Description:Qty Unit UnitPrice Total Shop Hourly Rate, Mon-Fri 7:00 am -9:30 pm 4000.00 HR Line:3 Description:Qty Unit UnitPrice Total Hourly Field Rate, Mon-Fri 7:00 am -9:30 pm 4000.00 HR Line: 4 Description:Qty Unit UnitPrice Total 200.00 EATransportation Fee (Pick-up & Delivery Inclusive) If applicable, Round Trip Line: 5 Description:Qty Unit UnitPrice Total 1000.00 HR Drivetrain and Transmission Repairs Drivetrain (Clutch Assembly, Flywheel, etc) Non-Warranty hourly labor rate (1 Ton & Over; Including Specialty & Off Road Equipment) Line: 6 Description:Qty Unit UnitPrice Total 1000.00 HR Transmission (Main, Transfer Case, Chain and Final Drives) Non-Warranty hourly labor rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 7 Description:Qty Unit UnitPrice Total 1000.00 HREngine Repairs Engine Analysis Non-Warranty hourly labor rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 8 Description:Qty Unit UnitPrice Total Electrical (Alternator/Generator, Battery, Ignition, Lights, etc) Non-Warranty hourly labor rate (1 Ton & Over; Including Specialty & Off-Road Equipment) 900.00 HR BID SOLICITATION Invited:PUBLIC EVENT DETAILS Submit To:City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email:FMSPurchasingResponses@fortworthtexas.gov Event ID Page CFW01-22-0017 3 Event Round Version 1 1 Event Name ITB Heavy Duty Repair and Service Start Time Finish Time 12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST ITB 22-0017 Heavy Duty Repair and Services Page 3 of 52 Line: 9 Description:Qty Unit UnitPrice Total 800.00 HR Power Plant (Engine, Belts, Heads, Intake, Rebuilding, etc.) Non-Warranty hourly labor rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 10 Description:Qty Unit UnitPrice Total 800.00 HR Exhaust and Emissions Repairs to include DPF and SCR Cleaning - Exhaust System Maintenance and Repair Non-Warranty hourly labor rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 11 Description:Qty Unit UnitPrice Total 600.00 HRFuel System Maintenance and Repair Non-Warranty hourly labor rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 12 Description:Qty Unit UnitPrice Total 2000.00 HR General Vehicle Repair (Spring, Misc.) Automobile and Other Passenger Vehicles Maintenance (Not Otherwise Classified) Non-Warranty hourly labor rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 13 Description:Qty Unit UnitPrice Total 200.00 HR Customizing Services, Vehicle (Including Armoring of Vehicles, Handicapped and Van Conversions, etc) Non-Warranty hourly labor rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 14 Description:Qty Unit UnitPrice Total 2000.00 HR General Maintenance and Repair, Vehicle (Not Otherwise Classified) to include Oil Changes, Lubrication, etc (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 15 Description:Qty Unit UnitPrice Total 400.00 HRAutomotive Machine Shop Services Non-Warranty Hourly Labor Rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 16 Description:Qty Unit UnitPrice Total Trailer Maintenance and Repair (Not Otherwise Classified) Non-Warranty hourly labor rate (1 Ton & Over; Including Specialty & Off-Road Equipment) 700.00 HR BID SOLICITATION Invited:PUBLIC EVENT DETAILS Submit To:City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email:FMSPurchasingResponses@fortworthtexas.gov Event ID Page CFW01-22-0017 4 Event Round Version 1 1 Event Name ITB Heavy Duty Repair and Service Start Time Finish Time 12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST ITB 22-0017 Heavy Duty Repair and Services Page 4 of 52 Line: 17 Description:Qty Unit UnitPrice Total 1500.00 HR Truck and Van Maintenance and Repair (Not Otherwise Classified) Non-Warranty hourly labor rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 18 Description:Qty Unit UnitPrice Total 1000.00 HR Temperature Repair - A/C, Heater, Radiator, Ventilation, etc. Cooling, Heating, and Ventilating System (A/C System, Hoses, Water Pump, Radiator, Heater & Accessories, Ventilation, etc) (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 19 Description:Qty Unit UnitPrice Total 500.00 HR Vehicle Radio, Speakers, Maintenance and Repair, including specialty & Off-Road Equipment Hourly Labor Rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 20 Description:Qty Unit UnitPrice Total 700.00 HRRetrofitting Vehicles to Reduce Emissions & Improve Air Quality flat rate fee (1 Ton & Over; Including Specialty & Off-Road Line: 21 Description:Qty Unit UnitPrice Total 1200.00 HRWheel, Alignment, Suspension, Rear End, Etc. Repair Alignment and Wheel Balancing (Including Front-End Repair) flat rate fee Line: 22 Description:Qty Unit UnitPrice Total 1200.00 HRSuspension (Axles, Springs, Steering, etc) flat rate fee (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 23 Description:Qty Unit UnitPrice Total 1200.00 HRWheel Balancing Flat Fee Rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 24 Description:Qty Unit UnitPrice Total Wheel Maintenance and Repair Hourly Labor Rate (1 Ton & Over; Including Specialty & Off-Road Equipment) 400.00 HR BID SOLICITATION Invited:PUBLIC EVENT DETAILS Submit To:City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email:FMSPurchasingResponses@fortworthtexas.gov Event ID Page CFW01-22-0017 5 Event Round Version 1 1 Event Name ITB Heavy Duty Repair and Service Start Time Finish Time 12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST ITB 22-0017 Heavy Duty Repair and Services Page 5 of 52 Line: 25 Description:Qty Unit UnitPrice Total 1000.00 HRVehicle Reconditioning/Refurbishing Services Non-Warranty Hourly Labor Rate (1 Ton & Over; Including Specialty & Off-Road Equipment) Line: 26 Description:Qty Unit UnitPrice Total 300.00 EA Parts- Cost Plus (+) _____________percent of ‘Manufacturers List Price’ (Apply Mark Up Percentage Bid to $300.00 To Obtain Correct Sum. Example: 300 x10% = 30; Line: 27 Description:Qty Unit UnitPrice Total 336.00 HRHose Repairs and/or Replacement (Monday - Friday between 7:30 a.m.– 9:30 p.m)Billed to the nearest quarter of the hour Line: 28 Description:Qty Unit UnitPrice Total 336.00 HRHose Repairs and/or Replacement (After hours Friday at 9:31 pm - Monday at 6:59 am) Billed to the nearest quarter of the hour Line: 29 Description:Qty Unit UnitPrice Total 1475.00 HRAfter Hours Field Rate, Mon-Fri 7:00 am -9:30 pm Line: 30 Description:Qty Unit UnitPrice Total Shop Hourly Labor Rate, After Hours, Holidays, Weekends 1475.00 HR Total Bid Amount: BID SOLICITATION Invited:PUBLIC EVENT DETAILS Submit To:City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email:FMSPurchasingResponses@fortworthtexas.gov Event ID Page CFW01-22-0017 6 Event Round Version 1 1 Event Name ITB Heavy Duty Repair and Service Start Time Finish Time 12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST ITB 22-0017 Heavy Duty Repair and Services Page 6 of 52 A bid of "0" (zero) will be interpreted by the City as a no-charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised, a "no bid" or no response may be considered as non-responsive and may result in disqualification of the bid. PART - 1 INSTRUCTIONS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for any errors or misrepresentations that result from Bidders not using the completed Solicitation document and addendums. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location for the Purchasing Division are specified in the advertisement and on the first page of the solicitation. 2.0 EXPLANATIONS, CLARIFICATIONS OR QUESTIONS 2.1 Any explanation, clarification, or question desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division by the question deadline listed in Section 2.0, Part 2, so that a written addendum can be posted before the submission deadline. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED, ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL BEFORE THE QUESTION DEADLINE AND MUST BE IDENTIFIED AS FOLLOWS: 2.2.1 All explanation, clarification or questions must clearly identify the buyer’s name and the bid number on the document or on the subject line, if sent by and email. For example: “Attention: Buyer name and Bid No. XX-XXX”. If the buyer’s name and bid number is not included as specified above, the question(s) will NOT be answered. 2.2.2 Delivery of questions by: 2.2.2.1 Hand Delivery – Fort Worth City Hall, Purchasing Division, Lower Level, 200 Texas Street, Fort Worth Texas, 76102. 2.2.2.2 Via Email – FMSPurchasingResponses@fortworthtexas.gov 2.2.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not received within 1 (one) business day, please contact the City of Fort Worth Purchasing at 817-392-2462. 2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City’s website under the corresponding bid number. 3.0 UNAUTHORIZED COMMUNICATIONS – Bidders’ contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Purchasing Manager, the Business Equity Division, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or ITB 22-0017 Heavy Duty Repair and Services Page 7 of 52 discussion, verbal or written, with any members of the City Council, City staff or City’s consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 4.0 PREBID CONFERENCE – A pre-bid conference and site visit will be held at 3:00 PM, Thursday, December 23, 2021 at City Hall, 200 Texas Street, Room 380, Fort Worth, TX 76102. Failure to attend the pre-bid conference will impact a potential Vendor’s ability to submit a fully informed and competitive bid response. To join the Pre-bid Via Webex, please see Cover Page for details. 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated. Prices or Percent Markups submitted on other than the forms included in the Solicitation shall be considered non-responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITES - 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. 7.0 TAXES - Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 8.0 DEFINITIONS 8.1 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City. 8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery to the point of destination. 8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. 8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder’s expense and risk, and their tender delivery to the City. 8.3.3 Bids offering any other delivery terms are not acceptable and may be cause for rejection. 9.0 PRICES/PERCENTAGE MARKUP 9.1 Bid prices and percentage markup (if applicable) shall be firm offers unless otherwise specified. Pricing and percentage markup (if applicable) shall be entered on the Bid Offer Sheet. 9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern. ITB 22-0017 Heavy Duty Repair and Services Page 8 of 52 9.3 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 10.0 SIGNATURE - The Bidder must provide a wet signature on each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID 11.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. If a Public Information Request is made for Bidder’s proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General. The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 13.0 PAYMENTS 13.1 All payment terms shall be “Net 30 Days” from the date the City receives a correct invoice. 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City’s website at https://www.fortworthtexas.gov/departments/finance/purchasing/ach 14.0 SUBMISSION OF BIDS 14.1 Bidders shall submit the following items with their bid: 14.2 A completed and signed original Bid Submission Signature page; 14.3 A completed Bid Solicitation. 14.4 Signed Addendum(s) acknowledging receipt. 14.5 All items listed in Section 14.0, Bidders Qualifications; Part 2 14.6 A completed and signed original Conflict of Interest Questionnaire, Attachment A; 14.7 A completed Consideration of Location of Bidder’s Principal Place of Business, Attachment B, if applicable; 14.8 A completed Bidder’s Contact Information Form, Attachment C; 14.9 A completed Bidder’s Qualification Questionnaire, Attachment D; 14.10 A completed Business Equity Utilization Form, Attachment G; 14.10.1 The Letter of Intent (Only if the Prime Vendor submits a good faith effort). Attachment H; ITB 22-0017 Heavy Duty Repair and Services Page 9 of 52 14.11 Documentation and certifications necessary to perform work on City vehicles and equipment. This includes all certifications, such as the National Institute for Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the vendor to perform said work. 14.12 List of materials, tools and equipment necessary to perform repairs to city vehicles and equipment. 14.13 Scanned copy of all documents listed in paragraph 14.1 in flash drive. 14.14 Documentation showing company has been in the market place for a minimum of two years (i.e. Secretary of State). 14.15 Bidder shall provide a minimum of three (3) references from projects similar in nature, size and scope completed or undertake in the past three years. Letters shall include the following items. 14.15.1.1 Company letterhead, including contact information. 14.15.1.2 Number of years working with Firm. 14.15.1.3 Brief explanation of customer’s satisfaction and recommendation of Firm. Please provide a rating of 1-5. One (1) being unlikely to recommend and unsatisfied, and five (5) being highly satisfied and highly recommended. 14.15.1.4 Brief explanation on likeliness to work with Firm again. One (1) being unlikely to continue to use Firm and five (5) highly likely to use Firm again. 14.2 Any other document included in the Solicitation requiring completion or execution by the Bidder. 14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a bid as non-responsive to the specifications. 15.0 LATE BIDS 15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All Bids received after the submission deadline are considered late and will be returned to the Bidder unopened. 15.2 Purchasing’s time stamp clock is the official time of record. However, if the time stamp is not available or broken, the date and time written on the bid receipt by Purchasing staff shall be the time of record. 15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder to deliver before the bid due date and time. 15.4 Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 16.0 MODIFICATION OR WITHDRAWAL OF BIDS 16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid submission deadline. 16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the bid submission deadline. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids may be ITB 22-0017 Heavy Duty Repair and Services Page 10 of 52 withdrawn after the bid submission deadline without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the bid submission deadline. The City may require proof of agency from the person withdrawing a bid. 17.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 18.0 EVALUATION FACTORS AND AWARD 18.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an “all or none” award may be considered if a single award is advantageous. 18.2 Award. The Method of Award is detailed in Section 4, Part 2. (Note: A Bidder that does not earn at least 50% of the technical points will be deem “non-responsive” and will not be awarded a contract.) 18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a Purchase Order or a Contract. Subsequent Purchase Orders may be issued as appropriate. The contents of a Bid Response shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without a Purchase Order issued by the City. 19.0 RESERVATIONS - The City expressly reserves the right to: 19.1 Specify approximate quantities in the Solicitation; 19.2 Extend the Solicitation opening date and time; 19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; 19.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission deadline; 19.7 Reject a bid because of unbalanced unit prices bid; 19.8 Reject or cancel any or all Bids; 19.9 Reissue a Solicitation; 19.10 Procure any item by other means; and/or 19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. ITB 22-0017 Heavy Duty Repair and Services Page 11 of 52 20.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 20.2 Business Equity Division Documents: If a Business Equity goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two (2) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. 21.0 PROTEST PROCEDURE 21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 21.2 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. 21.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, e-mail or in person meetings with the protesting Vendor. 21.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Vendor of the right to review by a panel made up of City staff. 21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Purchasing Manager and any other appropriate personnel or employees of the operating department. 21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Vendor does not agree, the protesting Vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C) in question. 21.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City’s website. 22.0 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded ITB 22-0017 Heavy Duty Repair and Services Page 12 of 52 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. 23.0 RIGHT TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the Federal award meets the definition of “funding eCFR — Code of Federal Regulations agreement” under 37 CFR §401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 24.0 DEBARMENT AND SUSPENSION Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 25.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 26.0 BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 26.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 26.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their bid, if the bid exceeds $100,000.00. 27.0 PROHBITION ON BOYCOTTING ENERGY COMPANIES Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” have ITB 22-0017 Heavy Duty Repair and Services Page 13 of 52 the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 28.0 PROHBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. ITB 22-0017 Heavy Duty Repair and Services Page 14 of 52 PART - 2 DETAILED SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize annual agreements with multiple vendors for repair services for City-owned heavy duty vehicles, lawn, and marine equipment and to establish an Annual Agreement to provide Original Equipment Manufacturer (OEM) Authorized Service and Independent Service Facilities Agreement for the Property Management Department (PMD) as specified in this Invitation to Bid (ITB.) 1.2 The successful bidder(s), known hereafter as “Contractors”/”Contractors,” will be responsible for perform heavy duty vehicle repairs and services for approximately 3,000 on road and 1,600 of- road vehicles and equipment. 1.3 The Term of the agreement shall begin on the date stated in the contract (“Effective Date) and shall expire one year from the effective date, unless terminated earlier in accordance with the provisions of this Agreement. This agreement may be renewed under the same terms and conditions for four (4) additional one-year periods, unless the Contractor provides the other party with notice of non-renewal at least 60 days before the expiration of the initial term or renewal period. 1.4 The Property Management Department (PMD) shall utilize this Agreement for service, repair, maintain and purchase of parts for a variety of heavy duty vehicles, lawn, and marine equipment and for a variety of manufacturers in the City fleet on an as needed basis. 1.5 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. 1.6 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. 1.7 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.8 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 TENTATIVE SCHEDULE OF EVENTS TASK DATE ITB Release Date December 15, 2021 Pre-Bid Conference December 23, 2021 3:00 PM Deadline for Questions December 27, 2021 at 5PM (Local Time) Answers Posted December 31, 2021 ITB Responses Due Date AT 1:30 p.m. (Local Time) January 6, 2022 ITB 22-0017 Heavy Duty Repair and Services Page 15 of 52 Recommended Vendor Selection January 2022 Mayor and Council Consideration February 2022 Contract Execution March 2022 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - 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. 4.0 METHOD OF AWARD 4.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to the City. A responsible bidder is defined as a bidder that submits a completed bid package within the stated deadline and in accordance with the bid specifications. 4.2 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non-responsive. 4.3 The following criteria will be used to determine the best value: 4.3.1 Cost of service – up to 50 points. 4.3.2 Availability of resources to perform services, with qualified personnel per section 5.0 – up to 20 points. 4.3.3 Contractor’s qualification and certification per section 6.0 – up to 10 points. 4.3.4 Experience working with government/similar size organization – up to 10 points. 4.3.5 Ability to meet the Business Equity goal of 23%– up to 10 points. 4.4 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 4.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or priv ate corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 4.7 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 4.8 Consideration of Location of Bidder’s Principal Place of Business, Attachment B, if applicable ; ITB 22-0017 Heavy Duty Repair and Services Page 16 of 52 4.8.1 If Attachment B. Local Preference is completed by any bidder the City will review t he Attachment to determine whether local preference will apply to the award. 4.9 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 5.1 The Contractor shall: 5.1.1 Have a minimum of 2 (two) years of experience conducting services similar or related to the Scope of Services. 5.1.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 5.1.3 Documentation and certifications necessary to perform work on City vehicles and equipment. This includes all certifications, such as the National Institute for Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the vendor to perform said work. 6.0 CONTRACTOR RESPONSIBILTIES 6.1 Contractors shall provide pricing on parts and labor for the services and a list of brands provided on the attached Bid Solicitation pages of this ITB. 6.2 Contractor shall provide unit prices for listed items. Unit prices shall include all associated costs unless specified in Proposals Solicitation Page, not limited to delivery, fuel and handling charges. No additional charges will be accepted or paid by the City. 6.2.1 The City will ensure that vehicles will have a minimum of a quarter (1/4) tank of fuel when dropped off for service. 6.3 Contractors may charge an hourly non-warranty labor rate per service, a cost plus (+) for parts, a diagnostic fee (detailed out), and any applicable transportation fees, if any. There are no guarantees the City will accept or held financially or liable for costs outside of labor and materials/ parts if the submitted pricing is deemed excessive by the evaluation panel. 6.4 Contractors shall furnish provide documentation on their personnel authorized to perform work on City vehicles and equipment. This includes all certifications, such as the National Institute for Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the vendor to perform said work. All licenses, permits, insurance and any other documentation that is required by local, state and/or federal agencies are to be maintained during the term of this contract. 6.5 Contractors shall be authorized to diagnose, repair and service vehicles and equipment for the City of Fort Worth’s (the “City”) Heavy duty fleet. 6.6 Contractors shall perform work using the most up to date and appropriate methods available for said work under industry standards. This includes, but is not limited to, all suitable repair equipment and parts to insure the satisfactory execution of any repair or installation. 6.7 Contractors shall respond and supply requested materials or services required during regular business hours within the response time (DELIVERY) from receipt of request in the proposals solicitation page or less including shipment by mutual agreement form the time original request is made. ITB 22-0017 Heavy Duty Repair and Services Page 17 of 52 6.8 Contractors shall provide the City priority service, as many City vehicles are utilized for public safety and emergency response. Expeditious turn-around is critical to City operations. Additional fees for priority services are prohibited. 7.0 HOURS 7.1 Contractors shall respond to a work order within 24 hours of notification. 7.2 Contractors shall deliver completed vehicles to the Fleet Service Center, Monday through Friday between 7:30 a.m.– 9:30 p.m. unless expressly authorized by the Fleet Service Center Supervisor(s) or their designee. Any deviation from this timeframe shall require written approval from the Fleet Service Center Supervisor(s) or their designee. 8.0 AFTER HOURS 8.1 After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am, holidays and weekends. 9.0 PARTS 9.1 All parts utilized in repairs, replacements or installations on City vehicles and equipment must be new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts can be considered but must be approved in writing by City PMD Fleet personnel prior to being utilized by a vendor. 9.2 Vendor shall warranty and/or guarantee all work and products supplied under this Agreement against any defects in design, workmanship, materials and failure to operate satisfactorily. Each product shall be constructed to the highest industry standards. Products manufactured of poor workmanship will not be accepted. 9.3 The City reserves the right to supply parts as the City determines is necessary. 9.4 Vendor may charge a cost plus (+) for parts. The cost should be available for review by the City as requested. There are no guarantees the City will accept or held financially or liable for costs outside of labor and materials/ parts if the submitted pricing is deemed excessive by the evaluation panel. ITB 22-0017 Heavy Duty Repair and Services Page 18 of 52 10.0 INVENTORY OF ASSETS 10.1 Assets that may need repairs and services but are not limited to, the inventory listed below: Up to 3,000 on-road and 1,600 off -road vehicles and equipment including, but not limited to: Types of Equipment Manufacturers Fire Trucks Dump Trucks Heavy-Duty Trailers Bucket Trucks Off Road Equipment Transfer Trucks Motor Homes Fuel Trucks Water Tankers Container Trucks Sewer Equipment and other related types of equipment over 1 ton Allison Altec Artic Cat Aquatech Bendix Big Tex BMW Champion Chevy Cummins Custom- Chris Trim Custom- Lawhon Custom- Tommy Gate Custom- Youngs Delta Rigging Detroit Dodge Doosan Duetz Eaton E-One Ford Freightliner Honda Hyundai International Interstate Trailers Isuzu JCB Jeep JLG John Deere – Green (AG) Kawaski Kenworth Kobelco KTM Kubota Mack M&D Mazda Mercedes/ Sprinter Meritor Metro Mitsubishi Muncie National Crane New Holland Nissan Onan Generators Peterbilt Pierce – Fire Apparatus Pioneer Pipehunter/ Jeteye Progard ROM Corp Rosenbauer Spartan Spitzlift Sterling Tennant Terex Texas Steer Toyota Tracker Twister Vac-Con Vactor Verneer Versalift Volvo WABCO Wacker Whelen Yamaha Zodiac and other related manufacturers over 1 ton ITB 22-0017 Heavy Duty Repair and Services Page 19 of 52 11.0 ESTIMATES 11.1 Vendor shall be required to provide written or electronically produced estimates to PMD Fleet personnel before the start of any work. The estimates must be emailed to the PMD Fleet employee(s) and/or PMD Fleet facility location who requested the services to be completed. 11.2 Estimates shall be approved and authorized by PMD Fleet personnel in writing via email prior to work being performed. Verbal approvals should not be considered. 11.2.1 Fleet shall create necessary work order for tracking. 11.2.2 Vendor shall be notified, via email, of repairs needed and/or diagnosis from Fleet. 11.2.3 Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non-warranty. 11.2.4 Warranty and billable repairs shall be on separate estimate(s) and invoicing in ALL cases. 11.2.5 Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 11.2.6 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs are NOT to be performed until a purchase order has been issued in writing from PMD Fleet Division. This ensures proper tracking and documentation are in place for the Vendor and the City. 11.3 Final submitted invoices submitted to the City for work performed should always match the final estimate received by the City. All revised estimates must be approved in writing prior to billing. 11.4 If City vehicle or equipment is serviced by a Vendor for warranty work, an estimate provided by the Vendor to the City shall state ‘Warranty Service’. 11.5 All estimates provided by vendors will be quoted on a ‘time and materials’ basis, adherence to the agreed upon contract rate(s) and itemized to illustrate the cost of each of the following, if applicable to the service or work performed: 11.5.1 Estimates shall include number of and cost of part(s) to be installed. 11.5.2 Estimates shall include cost of labor to perform repair and/or installation; itemized by number of labor hours per labor line. 11.5.3 Estimates shall include itemized inspection/diagnostic fees. 11.5.4 Transportation fees, if any, for pick-up or delivery. 11.5.5 Miscellaneous shop fees will not be allowed. This should be considered when bidding applicable costs in the other time and materials categories. 11.5.6 Travel charges for mobile services can be considered and should be itemized. Standard flat fee will not be considered. 11.6 Fleet shall create necessary work orders for tracking. 11.7 Contractor shall be notified, via email, of repairs needed and/or diagnosis from PMD Fleet. 11.8 All estimates provided by Vendors will be quoted on a ‘time and parts’ basis, adherence to the agreed upon contract rates and itemized to illustrate the cost of each of the following, if applicable to the service or work performed: cost of part(s) to be installed, cost of labor to perform repair ITB 22-0017 Heavy Duty Repair and Services Page 20 of 52 and/or installation, inspection, diagnostic fees; itemized by labor hours except when estimated as a turnkey project/job. 11.9 Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non-warranty. 11.10 Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases. 11.11 PMD Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 11.12 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs with a cost associated to the City are NOT to be performed until a purchase order has been issued in writing from PMD Fleet. This ensures proper tracking and documentation are in place for the Vendor and the City. 11.13 Vendors shall send confirmation and a cost estimate to the Fleet Service Center Supervisor(s) or designee within 24 hours of receiving a list of equipment for inspection and testing. 11.14 Fleet Service Center Supervisors or designee will provide written authorization to proceed with the inspection and testing after evaluating the estimate. Vendors are not authorized to proceed with inspection, testing based on verbal authorizations and assumes all liability and responsibility for inspection, and testing performed based on such verbal authorizations. 11.15 Vendors will be required to provide written estimates to Fleet Service Center Supervisors or designee personnel before the start of any work. The estimates may be emailed to the Fleet Service Center Supervisors or designee who requested the services to be completed. 11.16 Estimates must be approved and authorized by City Fleet Service Center Supervisors or designee personnel in writing (email, fax or written) prior to work being performed. Original invoices submitted to the City for work performed cannot be greater than initial estimate provided unless approved by Fleet Service Center Supervisors or designee in writing. 11.16 If during the course of the originally estimated repairs, it is noted that further repairs will be needed, a revised estimate must be prepared by Vendors for the additional work. 11.17 Estimates provided by vendors shall state ‘Warranty Service’ if City vehicles or equipment will be serviced for warranty work. 12.0 INVOICING REQUIREMENTS 12.1 The City of Fort Worth has begun implementing an automated invoicing system. 12.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 12.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234) 12.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements:  All invoices must be either a PDF or TIFF format.  Image quality must be at least 300 DPI (dots per inch).  Invoices must be sent as an attachment (i.e. no invoice in the body of the email). ITB 22-0017 Heavy Duty Repair and Services Page 21 of 52  One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment.  Please do not send handwritten invoices or invoices that contain handwritten notes.  Dot matrix invoice format is not accepted.  The invoice must contain the following information:  Supplier Name and Address;  Remit to Supplier Name and Address, if different;  Applicable City Department business unit# (i.e. FW013)  Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros);  Invoice number;  Invoice date; and 12.5 Invoices should be submitted after delivery of the goods or services. 12.6 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ_FIN_AccountsPayable@fortworthtexas.gov. 12.7 If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 12.8 If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 12.9 The City’s goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor’s support. 12.10 If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ_FIN_AccountsPayable@fortworthtexas.gov. 12.11 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor’s request. 13.0 HAZARDOUS CONDITIONS The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 14.0 UNIT PRICE ADJUSTMENT 14.1 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. 14.2 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. 14.3 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 ITB 22-0017 Heavy Duty Repair and Services Page 22 of 52 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. 14.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 14.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors i n extensions or totals, the unit prices offered will govern. 14.6 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. 14.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. 15.0 LAWS, REGULATIONS, AND ORDINANCES 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. 16.0 PERFORMANCE Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 17.0 COMPLAINTS 17.1 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. 17.2 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. 18.0 SUBCONTRACTING No subcontracting of the work under this purchase will be allowed without written permission from the City. 19.0 CONTRACT ADMINISTRATION 19.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor’s deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. ITB 22-0017 Heavy Duty Repair and Services Page 23 of 52 19.2 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. 19.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered. 19.4 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. 20.0 BUSINESS EQUITY GOAL 20.1 The City of Fort Worth implemented the Business Equity Ordinance (BEO) to reflect the City's availability and disparity study findings. All proposers shall note that it is the policy of the City to ensure the full and equitable participation of Business Equity Firms in the procurement of services $100,000.00 or more. This Request for Qualifications requires proposers to plan how it will include only MBE or WBE Business Equity Firms to meet a Business Equity goal. 20.2 The Business Equity goal is 23%. 20.3 The information to meet the goal shall be submitted with the proposal on the Business Equity Utilization form and include:  The company name, address, point of contact, email address, office and fax/telephone numbers of the Business Equity firms;  A detailed description of the work to be performed or supplied by each Business Equity firm;  The tier level, i.e., 1st, 2nd, 3rd, etc. (if other than 1st tier, the plan must clearly identify the firm name and tier from whom the Business Equity firm will be receiving payment)  Associated NAICS code for each company  The sub-contract anticipated value for each Business Equity firm;  State the Business Equity percentage level of commitment achieved; and  Provide the same identification information for all non-Business Equity firms  Letter of Intent will be required only for the Prime Vendor submits a good faith effort.  The sub-contract anticipated value for each Business Equity firm; 20.4 It is important to note that only Business Equity firms that perform a commercially useful function may count towards the 5%.Business Equity goal. 20.5 A Certified MBE or WBE Business Equity Prime Contractor can count it's self-performance services towards meeting the Business Equity Goal for the assigned NAICS commodity codes on their current MBE or WBE certification. This means Business Equity Prime Contractors can only count the percentage of work associated with their assigned NAICS codes. If the Business Equity Prime Contractor cannot self -perform all of the work, including producing needed supplies it will be held accountable for subcontracting with other current certified Business Equity firms to meet the overall goal. 20.6 Example – A certified MBE or WBE concrete contractor, who only lays down concrete and does ITB 22-0017 Heavy Duty Repair and Services Page 24 of 52 not produce concrete wholesale, cannot claim 100% self-performance to meet a Business Equity goal. To meet the goal the certified MBE or WBE contractor must hire another certified MBE or WBE subcontractor, with an assigned concrete supplier NAICS code, to supply the materials. 20.7 Furthermore, proposers may obtain a request for listing of certified firms from the City of Fort Worth’s Business Equity Division https://www.fortworthtexas.gov/files/assets/public/diversity- inclusion/documents/business-equity/request-for-listing-form-2021.pdf. 20.8 In its Utilization Plan, proposers' list of Business Equity Firms must be actively certified at the bid award. The City of Fort Worth accepts certifications from the following third-party agencies: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC), and the Women's Business Council Southwest (WBCS). Participation can count towards the established goal. The certified firms must have a business located in the City's six-county marketplace that includes the counties of Tarrant, Dallas, Denton, Johnson, Parker, and Wise. 20.9 If a proposer forms a joint venture with one or more Business Equity Firms, the business equity joint venture percentage will count towards the established goal. The Business Equity Joint Venture form must be submitted for review and approval to apply towards the goal. 20.10 If Offeror failed to meet the stated Business Equity goal, in part or in whole, then a detailed explanation must be submitted to demonstrate the Good Faith Efforts made to secure Business Equity participation. 20.11 Failure to submit the Business Equity participation information or the detailed explanation of the proposer’s Good Faith Efforts per ordinance 25165-10-2021 to meet or exceed the stated Business Equity goal, may render the proposal non-responsive. 20.12 The Business Equity commitment will be part of the final weighted selection criteria. The undersigned acknowledges the City’s MBE requirements as stated above, and if selected as the most highly qualified Provider(s), will comply with the requirement to submit a utilization plan during contract negotiations. ITB 22-0017 Heavy Duty Repair and Services Page 25 of 52 ATTACHMENT - A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ (“Questionnaire”) the person’s affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential Agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Vendor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #4 box in all cases. ITB 22-0017 Heavy Duty Repair and Services Page 26 of 52 ITB 22-0017 Heavy Duty Repair and Services Page 27 of 52 ITB 22-0017 Heavy Duty Repair and Services Page 28 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: 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%] 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by company (for prior tax year — Fort Worth office or former location, if Fort Worth office is newly- established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. (Company Name) (Date) (Signature) (Printed Name and Title ) ITB 22-0017 Heavy Duty Repair and Services Page 29 of 52 ATTACHMENT – C BIDDER’S CONTACT INFORMATION Bidder’s Name: ________________________________________________________________ Bidder’s Local Address: _________________________________________________________ Phone: _____________________________ Fax: _____________________________ Email: ________________________________________________________________________ Name of person assigned specifically for this Agreement: Name/Title____________________________________________________________________ Phone: ___________________________ Fax: ___________________________ Email:________________________________________________________________________ Name of persons for renewal information and/or billing questions: Name/Title____________________________________________________________________ Phone: ___________________________ Fax: ___________________________ Email:________________________________________________________________________ Name/Title____________________________________________________________________ Phone: ___________________________ Fax: ___________________________ Email:________________________________________________________________________ ___________________________ _________________________ ____________ Signature Printed Name Date ITB 22-0017 Heavy Duty Repair and Services Page 30 of 52 ATTACHMENT - D BIDDER’S QUALIFICATION QUESTIONNAIRE 1. Has the Vendor ever defaulted on a Contract? 2. Number of years in business under current company name: ____Years. Please note, it is required to have a minimum of 2 years, otherwise, your submission will be deemed as non- responsive. a. List any former names your organization has operated under and the timeframe:___________________________________________________________ ________________________________________________________________ 3. Is your company able to fulfill the response time listed in section 6.0 if not, why? Please note, that it is required to have a minimum 24 hours response time. For the remainder of minimum requirements, please refer to section 6.0 ___________________________________________________________________________ ___________________________________________________________________________ 4. Is the Contractor able to provide certifications for their personnel, such as the National Institute for Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the Contractor to perform necessary for this ITB? Please note, we do require you to have an Original Equipment Manufacturer’s (OEM) documentation. If you are unable to provide this document, your submission will be deemed as non-responsive. In order to be considered, you must be qualified. 5. What types of repairs from the item list can you perform? Please provide a list. If you are unable to provide a repair, please state which one and why. 6. How many people will be on the service team to complete the requests and fulfil our needs? ______ 7. Does the contractor have the ability to ramp up qualified personnel, resources and equipment to meet the growing needs of the City? If not, why? ___________________________________________________________________________ ___________________________________________________________________________ 8. Please provide a detailed explanation of the methodology your firm will use approach to completing repairs. (i.e. what is your process from the receipt of Purchase Order all the way to completion). Also, please include descriptive details about how you will communicate, how will you handle set-backs, what is your process for completing the work on time, if you discover there will be a delay in service, how will you overcome this? 9. Does the service team hold any special certifications that further qualify you to perform the requirements of this ITB. _______. If Yes, please list and provide copies of these certifications. 10. Please provide your work history performing these same services for other Cities or governmental entities of the same size. (Attach Separate Sheet) ITB 22-0017 Heavy Duty Repair and Services Page 31 of 52 ATTACHMENT E DRAFT SERVICE AGREEMENT Draft Service Agreement is attached a separate document. ITB 22-0017 Heavy Duty Repair and Services Page 32 of 52 ATTACHMENT F NO BID SHEET (Please complete this form, only if, your firm has chosen not to submit a bid) Ashley Kadva, Buyer II Purchasing Division Fax No. 817-392-8440 E-mail address: FMSPurchasingResponses@fortworthtexas.gov If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to: City of Fort Worth, Purchasing Division 200 Texas Street Fort Worth, Texas 76102 {or fax to above address} Please check the items that apply: Do not sell the item(s) required. Cannot be competitive. Cannot meet the Specifications highlighted in the attached Bid. Cannot provide Insurance required. Cannot provide Bonding required. Cannot comply with Indemnification requirements. Job too large. Job too small. Do not wish to do business with the City. Other reason. ________________________________________________________________ ______________________________________________________________________ Company Name: ______________________________________________________________________ Authorized Officer or Agent Signature: ______________________________________________________________________ Telephone: (_____) _______________ FAX Number: (_____) ____________________ ITB 22-0017 Heavy Duty Repair and Services Page 33 of 52 ATTACHMENT G BUSINESS EQUITY UTILIZATION FORMS Business Equity is attached a separate document. ITB 22-0017 Heavy Duty Repair and Services Page 34 of 52 ATTACHMENT H LETTER OF INTENT Letter of Intent is attached a separate document. This attachment must be completed only if the Prime Vendor submits a good faith effort. ITB 22-0017 Heavy Duty Repair and Services Page 35 of 52 ATTACHMENT F - VENDOR SERVICES AGREEMENT _____________________________________________________________________________ This VENDOR SERVICES AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF FORT WORTH (“City”), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and [LEGAL NAME OF THE PARTY] (“Vendor”), a [STATE REGISTERED AND TYPE OF COMPANY] and acting by and through its duly authorized representative, each individually referred to as a “party” and collectively referred to as the “parties.” AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A – Scope of Services; 3. Exhibit B – Price Schedule; 4. Exhibit C – City’s RFP No.__________ 5. Exhibit D – Contractor’s Bid Response to City’s RFP No.________; and 6. Exhibit E – Verification of Signature Authority Form. Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1.Scope of Services. [SIMPLE DESCRIPTION OF SCOPE OF SERVICE] (“Services”), which are set forth in more detail in Exhibit “A,” attached hereto and incorporated herein for all purposes.. 2. Term. This Agreement begins on [MONTH DAY, YEAR] (“Effective Date”) and expires on [MONTH DAY, YEAR] (“Expiration Date”), unless terminated earlier in accordance with this Agreement (“Initial Term”). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to _______ (___) one-year renewal option(s) (each a “Renewal Term”). 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit “B,” which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed ____________________ Dollars ($______.__). Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination.DRAFTITB 22-0017 Heavy Duty Repair and Services Page 36 of 52 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days’ written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City (“City Information”) as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 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, DRAFTITB 22-0017 Heavy Duty Repair and Services Page 37 of 52 papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 8. Liability and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION – Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for 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 DRAFTITB 22-0017 Heavy Duty Repair and Services Page 38 of 52 negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City’s interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City’s assumption of payment of costs or expenses will not eliminate Vendor’s duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 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 DRAFTITB 22-0017 Heavy Duty Repair and Services Page 39 of 52 (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. “Any vehicle” will be any vehicle owned, hired and non-owned. (c) Worker’s Compensation: Statutory limits according to the Texas Workers’ Compensation Act or any other state workers’ compensation laws where the Services are being performed Employers’ liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers’ compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days’ notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days’ notice will be acceptable in the event of non-payment of premium. Notice must be sent to the 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 DRAFTITB 22-0017 Heavy Duty Repair and Services Page 40 of 52 in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor’s duties and obligations hereunder, it will not discriminate i n the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney’s Office at same address To VENDOR: ____________________, ____. ________ , Title ___________________ ___________________ 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. DRAFTITB 22-0017 Heavy Duty Repair and Services Page 41 of 52 Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor’s respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force 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 Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each DRAFTITB 22-0017 Heavy Duty Repair and Services Page 42 of 52 counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor’s option, Vendor will either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration 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 (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR’S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, “Work Product”). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. 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. DRAFTITB 22-0017 Heavy Duty Repair and Services Page 43 of 52 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” 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 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries . Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, “electronic signature” means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement, including all attachments and exhibits, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. DRAFTITB 22-0017 Heavy Duty Repair and Services Page 44 of 52 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: ___________________________ Name: ________________________ Title: Assistant City Manager Date: _____________, 20__ APPROVAL RECOMMENDED: By: ______________________________ Name: ________________________ Title: ________________________ ATTEST: By: ______________________________ Name: ________________________ Title: City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ______________________________ Name: ________________________ Title: ________________________ APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: ________________________ Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: _________ Form 1295:______________ VENDOR: ___________________, ___ By: Name: ________________________ Title: ________________________ Date: _____________, 20__ DRAFTITB 22-0017 Heavy Duty Repair and Services Page 45 of 52 EXHIBIT A SCOPE OF SERVICES __________________________. DRAFTITB 22-0017 Heavy Duty Repair and Services Page 46 of 52 EXHIBIT B PAYMENT SCHEDULE __________________________. DRAFTITB 22-0017 Heavy Duty Repair and Services Page 47 of 52 EXHIBIT D VERIFICATION OF SIGNATURE AUTHORITY _____________________________ _____________________________ _____________________________ 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: ___________________________________ DRAFTITB 22-0017 Heavy Duty Repair and Services Page 48 of 52 City of Fort Worth Business Equity Utilization Form Disadvantaged Business Enterprise Utilization Form (Applicable if Federally-Funded) PRIME/OFFEROR/OWNER COMPANY NAME: BID DATE: PROJECT NAME: PROJECT NUMBER:City’s Business Equity Goal: MBE WBE DBE HUB VOSB Section 3 Not Certified Check all applicable boxes to describe Prime/Offeror/Owner's Classification: Certifying Agency:NCTRCA D/FW MSDC TX DOT WBCS Other: Ethnicity:African American Hispanic Native American Asian Caucasian Female Definitions: Business Equity Firm: Certified MBE Minority Business Enterprise or WBE Women Business Enterprise DBE: Disadvantaged Business Enterprise HUB: Historically Under Utilized Business VOSB: Veteran Owned Small Business Section 3: Certified Housing Urban Development Vendors Gender:Male % Offeror’s Business Equity (or DBE) Commitment: ALL BUSINESS EQUITY FIRMS MUST BE CERTIFIED BEFORE CONTRACT AWARD Failure to complete this form, in its entirety, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. Exception: CFA, ICA, and CDBG projects, documents will be submitted to the City Project Manager if publicly bid or to the Developer if privately bid. The undersigned Prime/Offeror agrees to enter into a formal agreement with the Business Equity firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth (Exception: Developer projects). The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications. Business Equity firms listed toward meeting the project goal must be located in the City's marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. The marketplace is the City of Fort Worth including portions of Denton, Parker, Wise, and all of Tarrant, Dallas, and Johnson counties. Certified means those firms, located within the Marketplace, that have been determined to be a bona-fide minority or women business enterprise by the North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and Women's Business Council-Southwest (WBCS). If hauling services are utilized, the Prime/Offeror will be given credit as long as the Business Equity firm listed owns and operates at least one fully licensed and operational truck to be used on the contract. The Business Equity firms may lease trucks from another Business Equity firm, including Business Equity owner-operated, and receive full Business Equity credit. The Business Equity firm may lease trucks from non-Business Equity firms, including owner-operated, but will only receive credit for the fees and commissions earned by the Business Equity as outlined in the lease agreement. Note: For DBE Goals, 60% of the services count towards the goal. Please see below. Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, the Prime/Offeror is responsible to identify the amounts to be used toward the committed DBE goal. Non-Binary (Check if addressing DBE Goal)% Effective 01/01/2021 Updated 06/28/2021 ATTACHMENT G ITB 22-0017 Heavy Duty Repair and Services Page 49 of 52 Please note that only certified Business Equity firms will be counted to meet the Business Equity goal. Prime/Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Business Equity firms and non-Business Equity firms. Prime/Offerors must identify by tier level all subcontractors/suppliers. Tier: means the level of subcontracting below the Prime/Offeror i.e. a direct payment from the Prime/Offeror to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier. Business Equity firms are to be listed before non-Business Equity firms. The Prime/Offeror is responsible to provide proof of payment of all tiered sub-contractors/suppliers identified as a Business Equity firm and counting those dollars towards meeting the contract committed goal. Certified Business Equity Prime/Offeror Contractors counting their self-performance towards meeting the contract goal, must be certified within those NAICS commodity codes with a certifying agency acceptable by the City of Fort Worth. Certified Business Equity Prime/Offeror counting self-performing services towards the goal, the service(s) to be performed should be listed first on the Utilization form. NAMES AND ADDRESSES OF CONTRACTORS/SUPPLIERS TYPE OF SERVICES/SUPPLIES PROVIDED (NAICS Required)Specify Tier Name 1st Tier Certification Agency Gender and Ethnicity: Business Name: Address: Phone: Email: Contact Person: Type of Service/Supplies: $ AMOUNT: Male Female Certified By: NCTRCA TXDOT Type of Service/Supplies: $ AMOUNT: Certified By: NCTRCA TXDOT Type of Service/Supplies: $ AMOUNT: Certified By: NCTRCA TXDOT $ AMOUNT: Certified By: NCTRCA TxDOT African American WBCS D/FW MSDC WBCS DFW MSDC Male Female Male Female WBCS DFW MSDC African American African American Business Equity Utilization Form Non-Binary Other: Hispanic Native American Asian Caucasian Business Name: Address: Phone: Email: Contact Person: Business Name: Address: Phone: Email: Contact Person: Other: Other: Asian Caucasian Hispanic Asian Caucasian Hispanic Native American Native American Non-Binary Non-Binary Effective 01/01/2021 Updated 06/28/2021 NAICS Code: NAICS Code: NAICS Code: Check this box if certified Prime Contractor services will be counting towards the Business Equity contracting goal. Please list services first below. Please list certified Business Equity firm names as listed on their certification, including DBA names. ITB 22-0017 Heavy Duty Repair and Services Page 50 of 52 Business Equity Utilization Form Please include multiple copies of this page if needed to list all contractors and suppliers. NAMES AND ADDRESSES OF CONTRACTORS/SUPPLIERS TYPE OF SERVICES/SUPPLIES PROVIDED (NAICS Required)Specify Tier Name 1st Tier Certification Agency Gender and Ethnicity: Business Name: Address: Phone: Email: Contact Person: Type of Service/Supplies: $ AMOUNT: Male Female Certified By: Type of Service/Supplies: $ AMOUNT: Certified By: Type of Service/Supplies: $ AMOUNT: Certified By: WBCS WBCS Male Female Male Female WBCS Non-Binary D/FW MSDC NCTRCA TXDOT Other: Hispanic Native American African American Asian Caucasian Business Name: Address: Phone: Email: Contact Person: Business Name: Address: Phone: Email: Contact Person: DFW MSDC NCTRCA TXDOT Other: DFW MSDC NCTRCA TXDOT Other: African American Asian Caucasian Hispanic African American Asian Caucasian Hispanic Native American Native American Non-Binary Non-Binary Type of Service/Supplies: $ AMOUNT: Certified By: Male Female WBCS Business Name: Address: Phone: Email: Contact Person: DFW MSDC NCTRCA TXDOT Other: African American Asian Caucasian Hispanic Native American Non-Binary NAICS Code: NAICS Code: NAICS Code: NAICS Code: Effective 01/01/2021 Updated 06/28/2021 ITB 22-0017 Heavy Duty Repair and Services Page 51 of 52 Business Equity Utilization Form ______________________________________________ Printed Signature ______________________________________________ Contact Name and Title (if different) ______________________________________________ Phone Number ______________________________________________ Email Address ______________________________________________ Date Authorized Signature ____________________________________________________ Title ____________________________________________________ Company Name ____________________________________________________ Address ____________________________________________________ City/State/Zip Code Total Dollar Amount of Certified Prime/Offeror Services towards contract goal $ Total Dollar Amount of Business Equity (or DBE if applicable) Subcontractors/Suppliers $ Total Dollar Amount of Non-Business Equity Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF CERTIFIED PRIME/ALL SUBCONTRACTORS/SUPPLIERS $ The Prime/Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Business Equity Division through the submittal of a Request for Approval of Change/Addition online. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The Prime/Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed Business Equity goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including non-Business Equity firms. The Prime/Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Prime/Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. A Prime/Offerer who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. Department of Diversity and Inclusion - Business Equity Division Email: DVIN_BEOffice@fortworthtexas.gov Ph: 817-392-2674 Effective 01/01/2021 Updated 06/28/2021 ITB 22-0017 Heavy Duty Repair and Services Page 52 of 52 Professional Services Agreement Page 25 of 26 Zimmerer Kubota & Equipment, Inc. EXHIBIT D VENDOR’S BID RESPONSE TO CITY’S RFP No. 22-0017 (Vendor’s Bid Response to City’s RFP No. 22-0017, Pages follow) FORT WORTH,F, _�� COVER PAGE �ventlD Page CFWO1-22-0017 1 Event Round Version 1 1 Event Name IITB Fiea Dut Re air and Service Start Time Finish Time 12 15 2021 08:00:00 CST O1 06 2022 13:30:00 CST Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (�ower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth (City) seeks bids to finalize an annual agreement with multiple vendors for repair services for City owned heavy duty vehicles and equipment and to establish an Annual Agreement to provide Original Equipment Manufacturer (OEM) Authorized Service Facilities for the Property Management Department (PMD) on an as needed as specified in this Invitation to Bid (ITB.) Terms 8� Conditions All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please visit https:!/www.fortworthtexas.gov/departments/finance/purchasing/register for more information. Assigned Buyer: Ashley Kadva There will be a pre-proposal conference held on December 23, 2021 at 2:00 PM Location: City Hall 200 Texas St Room 380, 3rd Floor Fort Worth, Texas 76102 Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed onginal and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., December 16, 2021, 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. 22-0017, ITB - Heavy Duty Repair and 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 o�cial opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in this document. The period for acceptance of this bid will be 120 calendar days after the bid opening date. Solicitation Documents: 1.) Cover Page 2.) Bid Submission Signature Page** 3.) Bid Solicitation"* 4.) Part 1 - Instructions 5.) Part 2 Scope of Services/Specifications 6.) Attachment A- Conflict of Interest Disclosure Requirement"* 7.) Attachment B- Vendor's Contact Information 8.) Attachment C- Consideration of Location of Bidder's Principal 8.) Attacnment D- Reference Sheet 9.) Attachment E- Detailed Scope of Services Place of Business"*( if applicable) 9.) Attachment F- Draft Services Agreement, attached as a separate document �"Required to be completed and submitted_ See Section 14.2, Part 1 for all required documents that need to be submitted. Failure to submit all items will be grounds for rejection of a bid as non-responsive to the specifications. ITB 22-0017 Heavy Duty Repair and Services Page 1 of 52 FORT WORTH,> BID SUBMISSION SIGNATURE PAGE EventiD Pa9e CFWOl-22-0017 Z Event Round Version 1 1 Event Name ITB Hea Dut Re air and Service Start Time Finish Time �12/15/2021 08:00:00 CST Ol/06/2022 13:30:00 CST Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth FINANCIA� MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas_gov The undersigned, by his/her signature, represents that 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 induding all documents incorporated by reference, and agrees to be bound by the terms therein. Legal Company Name: �� B Y ' ��� �C� ��� � t�c�p �t � ��'"� �3` ' �� ��� i /�/�1 �% �g�, e Company Address: � 1 �� � Y ' ��� t � t *'-""" `� City, State, Zip: 't� �/ r� �r�1 r.Pi K����� Vendor Registration No. ( � � f � � Printed Name of Officer or At Title: c� o ��� ot�c� �e �e:�i C2�'Vl�-�"i�G� C'lSj 1 vcf"C�. � �' ' � � ��� ��,,(--- Signature Offi or Authorized Representative: J Date: , ��� � �� Email Address: J�� G`������G` 5��-F�-� v►�- �' • c� L�(� Phone Number: � ��" � � �� �'�J Federal Identification Number (FID): C �� ���0� �� � Will agreement be available for Cooperative Agreement use? Yes�o _ ITB 22-0017 Heavy Duty Repair and Services Page 2 of 52 FORT WORTH.o BID SOLICITATION EventlD Pa9e CFWOl-22-0017 3 Event Round Version 1 1 Event Name ITB AeavY Duty ReAair and Service iStart Time Finish Time �_12 15 2021 08:00:00 CST 01 06 2022 13:30:�0 CST Invited: PUB�IC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description- Qtv Unit UnitPrice Totai Diagnostic/Evaluation Fee 1000.00 EA (�S'� �t��� Line: 2 Description: Qtv Unit UnitPrice Total Shop Hourly Rate, Mon-Fri 7:00 am -9:30 pm 4000.00 HR � 1 ��:� �' � � Line: 3 Description• Qtv Unit UnitPrice Total Hourly Field Rate, Mon-Fri 7:00 am -9:30 pm 4000.00 HR �)�.� (�i2c� o Line: 4 Description• Qtv Unit UnitPrice Total Transportation Fee (Pick-up & Delivery 200.00 EA Inclusive) If applicable, Round Trip r� ��� � �� L �-- r Line: 5 Description: Qtv Unit UnitPrice Total Drivetrain and Transmission Repairs Drivetrain (Clutch Assembly, Flywheel, etc} 1000.00 HR Non-Warranty hourly labor rate (1 Ton & Over, ���,C v� �/%j� �(� Including Specialty & Off Road Equipment) J `�� Line: 6 Description• Qty Unit UnitPrice Total Transmission (Main, Transfer Case, Chain and Final Drives) Non-Warranty hourly labor rate 1000.00 HR (1 Ton 8� Over, Including Specialty & Off-Road � j�-F�- � 1 j'��/Y t I Equipment) "�� � Line: 7 Description• Qtv Unit UnitPrice Total Engine Repairs Engine Analysis Non-Warranty 1000.00 HR hourl labor rate 1 Ton 8� Over, Includin � C: � �/��j Specalty 8� Off-Road Equipment) g I ���� G —" � Line: 8 Description- QtV Unit UnitPrice Total Electrical (Alternator/Generator, Battery, Ignition, Lights, etc) Non-Warranty hourly 900.00 HR labor rate (1 Ton & Over; Including Specialty g!/�� � �� � & Off-Road Equipment) � L� � ITB 22-0017 Heavy Duty Repair and Services Page 3 of 52 FORT WORTH,�, BID SOLICITATION EventiD Page CFWO1-22-0017 4 Event Round Version 1 1 Event Name � ITB Aea Dut Re air and Service Start Time Finish Time 12 15 2021 08:00:00 CST Ol 06 2022 13:30:00 CST Invited: PUB�IC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower �evel, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description• Qtv Unit UnitPrice Total Power Plant (Engine, Beits, Heads, Intake, Rebuiiding, etc.) Non-Warranty hourly labor 800.00 HR rate (1 Ton 8� Over, including Specialty & ,� C9� '`��'�d.�- (�� Off-Road Equipment) r Line: 10 Description• QtY Unit UnitPrice Total Exhaust and Emissions Repairs to include DPF and SCR Cleaning - Exhaust System Maintenance and Repair Non-Warranty hourly labor rate (1 800.00 HR Ton & Over, i�cluding Specialty & Off-Road � �/_ (�,"� `� �/� Equipment) � Line: 11 Description� Qtv Unit UnitPrice Total Fuel System Maintenance and Repair 600.00 HR Non-Warranty hourly labor rate (1 Ton 8� Over, /�(' (� �� Including Specialty 8 Off-Road Equipment) � J Line: '12 DeSCri tiOn: Qt Unit UnitPrice Total _ General Vehicle Repair (Spring, Misc.) Automobile and Other Passenger Vehicles Maintenance (Not Othervvise Classified) 2000.Q0 HR Non-Warranty hourly labor rate (1 Ton 8� Over; �o�C. C:� '� 2�(; (�o Including Specialty & Off-Road Equipment) Line: 13 Description• Qtv Unit UnitPrice Total Customizing Services, Vehicle (Including Armoring of Vehicles, Handicapped and Van Conversions, etc) Non-Warranty hourly labor 200.00 HR rate (1 Ton & Over; Including Specialty & ��` f"}�' C� ��� Off-Road Equipment) "-� Line: 14 Description• Qtv Unit UnitPrice Total General Maintenance and Repair, Vehicle (Not Otherwise Classified) to include Oil Changes, 2000.00 HR �ubrication, etc (1 Ton & Over, Including �"/ � 4��� Specialty & Off-Road Equipment) Line: 15 Description• Qtv Unit UnitPrice Total Automotive Machine Shop Services Non-Warranty 400.00 HR Hourly labor Rate (1 Ton & Over, Including ����1C� � �� Specialty & Off-Road Equipment) ``J � Line: 16 Description• Qtv U�it UnitPrice Total Trailer Maintenance and Repair (Not Otherwise Classified) Non-Warranty hourly labor rate (1 700.00 HR Ton & Over; Including Specialty 8� Off-Road !�t� G� �'� �� Equipment) ITB 22-0017 Heavy Duty Repair and Services Page 4 of 52 FoxT WoRTK.: BID SOLICITATION EventlD Page CFWO1-22-0017 5 Event Round Version 1 1 Event Name ITB Hea Dut Re air and Service Start Time Finish Time 12 15 2021 08:00_00 CST Ol 06 2022 13:30:00 CST Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT FINANCE - Purchasing 200 Texas St. (Lower Level, Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 17 Descri tion• Qtv Unit UnitPrice Totai Truck and Van Maintenance and Repair (Not Otherwise Classified) Non-Warranty hourly 1500.00 HR �� iabor rate (1 Ton & Over; Including Specialty �f ('��C. � � �� -J-N(5�i , 8 Off-Road Equipment) i Line: 18 Temperature Repair-A/C, Heater, Radiator, Ventilation, etc. Cooling, Heating, and Ventilating System (A/C System, Hoses, Water Pump, Radiator, Heater & Accessories, Ventilation, etc) (1 Ton & Over; including Specialty & Off-Road Equipment) SERVICES South) 1000.00 HR �� ' ' L-� C:o ��(,'� pE� Line: 19 Description Qtv Unit UnitPrice Totai Vehicle Radio, Speakers, Maintenance and Repair, including specialty & Off-Road 500.00 HR Equipment Hourly Labor Rate (1 Ton & Over; 8�' %� � � 2 � Including Specialty & Off-Road Equipment) t Line: 20 Description• QtV Unit UnitPrice Total _ Retrofitting Vehicles to Reduce Emissions & 700.00 HR Improve Air Quality flat rate fee (1 Ton & �+� � C5� �7� �(� Over; Including Specialty 8� Off-Road Line: 21 Description• Qtv Unit UnitPrice Total Wheel, Alignment, Suspension, Rear End, Etc. 1200.00 HR �� RepairAlignment and Wheel Balancing ��rr'� O�' �I� � 31 (I�cluding Front-End Repair) flat rate fee c'L} �—� Line: 22 Description' QtY Unit UnitPrice Total _ Suspension (Axles, Springs, Steering, etc) 1200.00 HR flat rate fee ('I Ton 8� Over, Including �/ r�� �'a� � 1� � Specialty & Off-Road Equipment) � Line: 23 Description• Qtv Unit UnitPrice Total _ Wheel Balancing Flat Fee Rate (1 Ton 8� Over; 1200.00 HR Including Speciafty & Off-Road Equipment) $ � � G�? �l � (�� Line: 24 Wheel Maintenance and Repair Hourly Labor Rate (1 Ton & Over; Including Specialty & Off-Road Equipment) � � ��, �c � �� � ITB 22-0017 Heavy Duty Repair and Services Page 5 of 52 FORT WORTH..� _�'� BID SOLICITATION EventiD Page CFWOl-22-0017 6 Event Round Version 1 1 Event Name ITB I-Iea Dut Re air and Service Start Time Finish Time i12 15 2021 08:00:00 CST O1 06 2022 13:30:00 CST Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 25 Descri tip on: QN Unit UnitPrice Total Vehicle Reconditioning/Refurbishing Services 1000.00 HR Non-Warranty Hourly Labor Rate (1 Ton & Over; �� f�* ��� -$'/j ,V-; � Including Specialty & Off-Road Equipment) � �� `�� Line: 26 _ _ . Parts- Cost Plus (+) 1V`l- percent of `Manufacturers List Price' 300.00 EA A I Mark U Percenta e Bid to $300.00 To fi % Obta n CorrectSum. Example: 300 x10% = 30; f��- �� G�=� t1'f -_� g �_� Line: 27 Description- Qty Unit UnitPrice Totai Hose Repairs and/or Repiacement (Monday - 336.00 HR Friday between 7:30 a.m.— 9:30 p.m)Biiled to � l(� � �� J�� the nearest quarter of the hour Line: 28 Description• Qtv Unit UnitPrice Total Hose Repairs and/or Replacement (After hours 336.00 HR Friday at 931 pm - Monday at 6:59 am) Biiled �' g�� � �.� � to the nearest quarter of the hour � � Line: 29 Description• Qtv Unit UnitPrice Total _ After Hours Field Rate, Mon-Fri 7:00 am -9:30 1475.00 HR pm '� 1 �_ � ��[ �iS�) Line: 30 Description• Qtv Unit UnitPrice Total Shop Houriy Labor Rate, After Hours, 1475.00 HR Holidays, Weekends I�' 04� c� ��� JC'� t Totai Bid Amount: }--P �����; � � A bid of "0" (zero) will be interpreted by the City as a no-charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised, a"no bid" or no response may be considered as non-responsive and may result in disqualification of the bid. ITB 22-0017 Heavy Duty Repair and Services Page 6 of 52 � � � � '; ADDENDUM TO INVITATION TO BID 22-0017 HEAVY DUTY REPAIR AND SERVICE PURCHASING DIVISION _�� � • INVITATION TO BID (ITB): 22-0017 BID OPENING DATE: January 6, 2022 (UNCHANGED) DATE ISSUED: December 16, 2021 ITB 22-0017, issued December 15, 2021, is hereby amended as foilows: 1. On page 1 of 52, entitled "cover page," it states that the submission is due by December 16, 2021. This is a mistake in the bid documents. Please refer to the tentative schedule of events found on page 15, which states the ITB responses are due on January 6, 2022. Please refer to the screen shots on page two. All other terms and conditions remain unchanged. Ashley Kadva BUYERII ............................................................................. By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced ITB. COMPANY NAME�-I ��������`� ���� � SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. ITB 22-0017 Heavy Duty Repair and Service Page 1 of 2 Bids are solicitetl for furnishing the merchandise, supplies, seNices andlor equipment as set for�h in this solicita6on. Campleted Bids including one ezecuted original aod o�e US8 flash drive containing electronic versia�s af all bid tlocuments must be received in the Purchasing Division by 1:30 P.Pn., Decemb�r 16, 2021, and then publicfy opened and read aloud at 2:06 P.M. in the Council Chambers. Bids o�ust be submiited in a sealed __,..,�,.... re��Ti i Ti ir nin �n u�nrn �n!�irrr�i nni r� ir ni irwnr nr r� �r ran rr� nnr ,,.�a...,.._a .,. +w_ n.,..w.,_ 2Q21 Pre-Bid Conference � December 23, 2021 3 00 Pt�l Deadline for Ques ions �ecember �7. 2021 at 5PM ITB Responses Due Oate AT 130 p.m. iLocal ' January 6. 2022 RB 22-0077 Heavq DuFj ftepair and Services Paoe 15 0� 52 Fox.� x.. COVER PAGE EventlD Page lnvi' CFS401-22-001? - Event Round Version i 1 EventName I2'3 Hra:.^� Bur =eva:r an; a' rrire Start Time Finish Time Sub 12JiSi2021 O8:OG:GG Cn'T L�1lQ6:2022�13:30:00 CST ITB 22-0017 Heavy Duty Repair and Service Page 2 of 2 2.0 TENTATIYE SCHEDULE OF EVENT ITB _ . . .. . _.. PART-1 INSTRUCTIONS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for any errors or misrepresentations that result from Bidders not using the completed Solicitation document and addendums. 12 Location of Documents: Solicitations are issued by the Purchasing Division. The location for the Purchasing Division are specified in the advertisement and on the first page of the solicitation. 2.0 EXPLANATIONS CLARIFICATIONS OR QUESTIONS 2.1 A�y explanation, clarification, or question desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division by the question deadline listed in Section 2.0, Part 2, so that a written addendum can be posted before the submission deadline. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED, ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL BEFORE THE QUESTION DEAD�INE AND MUST BE IDENTIFIED AS FO�LOWS: 2.2.1 All explanation, clarification or questions must clearly identify the buyer's name and the bid number on the document or on the subject line, if sent by and email. For example: "Attention: Buyer name and Bid No. XX-XXX". If the buver's name and bid number is not included as specified above the question(s) will NOT be answered. 2.2.2 Delivery of questions by: 2.22.1 Hand Delivery — Fort Worth City Hall, Purchasing Division, Lower Level, 200 Texas Street, Fort Worth Texas, 76102. 2.2.2.2 Via Email — FMSPurchasinqResponses(a�fortworthtexas.qov 22.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not received within 1(one) business day, please contact the City of Fort Worth Purchasing at 817-392-2462. 2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City's website under the corresponding bid number. 3.0 UNAUTHORIZED COMMUNICATIONS — Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Purchasing Manager, the Business Equity Division, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or ITB 22-0017 Heavy Duty Repair and Services Page 7 of 52 discussion, verbal or v+Ritten, with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 4.0 PREBID CONFERENCE — A pre-bid conference and site visit will be held at 3:00 PM, Thursday, December 23, 2021 at City Hall, 200 Texas Street, Room 380, Fort Worth, TX 76102. Failure to attend the pre-bid conference will impact a potential Vendor's ability to submit a fully informed and competitive bid response. To join the Pre-bid Via Webex, please see Cover Page for details. 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated. Prices or Percent Markups submitted on other than the forms included in the Solicitation shall be considered non-responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITES - 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. 7.0 TAXES - Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 8.0 DEFINITIONS 8.1 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City. 8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery to the point of destination. 8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. 8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and their tender delivery to the City. 8.3_3 Bids offerinq anv other delivery terms are not acceptable and mav be cause for reiection. 9.0 PRICES/PERCENTAGE MARKUP 9.1 Bid prices and percentage markup (if applicable) shall be firm offers unless otherwise specified. Pricing and percentage markup (if applicable) shall be entered on the Bid Offer Sheet. 9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern. ITB 22-0017 Heavy Duty Repair and Services Page 8 of 52 9.3 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 10.0 SIGNATURE - The Bidder must provide a wet signature on each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID 11.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. If a Public Information Request is made for Bidder's proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General. The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 13.0 PAYMENTS 13.1 All payment terms shall be "Net 30 Days" from the date the City receives a correct invoice. 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at https�//www fortworthtexas qov/departmentslfinance/purchasinq/ach 14.0 SUBMISSION OF BIDS 14.1 Bidders shall submit the following items with their bid: 14.2 A completed and signed original Bid Submission Signature page; 14.3 A completed Bid Solicitation. 14.4 Signed Addendum(s) acknowledging receipt. 14.5 All items listed in Section 14.0, Bidders Qualifications; Part 2 14.6 A completed and signed original Conflict of Interest Questionnaire, Attachment A; 14.7 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment B, if applicable; 14.8 A completed Bidder's Contact Information Form, Attachment C; 14.9 A completed Bidder's Qualification Questionnaire, Attachment D; 14.10 A completed Business Equity Utilization Form, Attachment G; 14.10.1 The Letter of Intent (Only if the Prime Vendor submits a good faith effort). Attachment H; ITB 22-0017 Heavy Duty Repair and Senrices Page 9 of 52 14.11 Documentation and certifications necessary to perform work on City vehicles and equipment. This includes all certifications, such as the National Institute for Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the vendor to perform said work. 14.12 List of materials, tools and equipment necessary to perform repairs to city vehicles and equipment. 14.13 Scanned copy of ali documents listed in paragraph 14.1 in flash drive. 14.14 Documentation showing company has been in the market place for a minimum of two years (i.e. Secretary of State). 14.15 Bidder shall provide a minimum of three (3) references from projects similar in nature, size and scope completed or undertake in the past three years. Letters shall include the following items. 15.0 16.0 14.15.1.1 14.15.12 14.15.1.3 14.15.1.4 Company letterhead, including contact information. Number of years working with Firm. Brief explanation of customer's satisfaction and recommendation of Firm. Please provide a rating of 1-5. One (1) being unlikely to recommend and unsatisfied, and five (5) being highly satisfied and highly recommended. Brief explanation on likeliness to work with Firm again. One (1) being unlikely to continue to use Firm and five (5) highly likely to use Firm again. 14.2 Any other document included in the Solicitation requiring completion or execution by the Bidder. 14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a bid as non-responsive to the specifications. LATE BIDS 15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All Bids received after the submission deadline are considered late and will be returned to the Bidder unopened. 152 Purchasing's time stamp clock is the official time of record. However, if the time stamp is not availab�e or broken, the date and time written on the bid receipt by Purchasing staff shall be the time of record. 15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder to deliver before the bid due date and time. 15.4 Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. MODIFICATION OR WITHDRAWAL OF BIDS 16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid submission deadline. 16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the bid submission deadline. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids may be ITB 22-0017 Heavy Duty Repair and Services Page 10 of 52 withdrawn after the bid submission deadline without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the bid submission deadline. The City may require proof of agency from the person withdrawing a bid. 17.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 18.0 EVALUATION FACTORS AND AWARD 18.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless othen�vise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an "all or none" award may be considered if a single award is advantageous. 18.2 Award. The Method of Award is detailed in Section 4, Part 2. (Note: A Bidder that does not earn at least 50% of the technical points will be deem "non-responsive" and will not be awarded a contract. ) 18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a Purchase Order or a Contract. Subsequent Purchase Orders may be issued as appropriate. The contents of a Bid Response shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without a Purchase Order issued by the City. 19.0 RESERVATIONS - The City expressly reserves the right to: 19.1 Specify approximate quantities in the Solicitation; 19.2 Extend the Solicitation opening date and time; 19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; 19.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission deadline; 19.7 Reject a bid because of unbalanced unit prices bid; 19.8 Reject or cancel any or all Bids; 19.9 Reissue a Solicitation; 19.10 Procure any item by other means; and/or 19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. ITB 22-0017 Heavy Duty Repair and Services Page 11 of 52 20.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 20.2 Business Equity Division Documents: If a Business Equity goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two (2) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https�//www ethics state tx uslwhatsnew/elf info form1295.htm. 21.0 PROTEST PROCEDURE 21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 21.2 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. 21.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, e-mail or in person meetings with the protesting Vendor. 21.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Vendor of the right to review by a panel made up of City staff. 21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Purchasing Manager and any other appropriate personnel or employees of the operating department. 21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Vendor does not agree, the protesting Vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C) in question. 21.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http�//fortworthtexas qov/citvsecretarv/info/default.aspx?id=2914 on the City's website. 22.0 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 222 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 ITB 22-0017 Heavy Duty Repair and Services Page 12 of 52 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. 23.0 RIGHT TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the Federal award meets the definition of "funding eCFR — Code of Federal Regulations agreemenY' under 37 CFR §401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 24.0 DEBARMENT AND SUSPENSION Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as weil as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 25.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 26.0 BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 26.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 26.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their bid, if the bid exceeds $100,000.00. 27.0 PROHBITION ON BOYCOTTING ENERGY COMPANIES Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have ITB 22-0017 Heavy Duty Repair and Services Page 13 of 52 the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) wiil not boycott energy companies during the term of this Agreement. 28.0 PROHBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. ITB 22-0017 Heavy Duty Repair and Services Page 14 of 52 PART - 2 DETAILED SCOPE OF SERVICESiSPECIFICATIONS 1.0 SCOPE 2.0 1.1 The City of Fort Worth (City) seeks bids to finalize annual agreements with multiple vendors for repair services for City-owned heavy duty vehicles, lawn, and marine equipment and to establish an Annual Agreement to provide Original Equipment Manufacturer (OEM) Authorized Service and independent Service Facilities Agreement for the Property Management Department (PMD) as specified in this Invitation to Bid (ITB.) 1.2 The successful bidder(s), known hereafter as "Contractors"/"Contractors," will be responsible for perform heavy duty vehicle repairs and services for approximately 3,000 on road and 1,600 of- road vehicles and equipment. 1.3 The Term of the agreement shall begin on the date stated in the contract ("Effective Date) and shall expire one year from the effective date, unless terminated earlier in accordance with the provisions of this Agreement. This agreement may be renewed under the same terms and conditions for four (4) additional one-year periods, unless the Contractor provides the other party with notice of non-renewal at least 60 days before the expiration of the initial term or renewal period. 1.4 The Property Management Department (PMD) shall utilize this Agreement for service, repair, maintain and purchase of parts for a variety of heavy duty vehicles, lawn, and marine equipment and for a variety of manufacturers in the City fleet on an as needed basis. 1.5 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. 1.6 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. 1.7 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.8 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. TENTAT�' "� ,...' '��. �� � „� �"��„-� ITB 22-0017 Heavy Duty Repair and Services Page 15 of 52 Recommended Vendor Selection I January 2022 and Council Cons Execution _ � March 2022 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - 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. 4.0 METHOD OF AWARD 4.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to the City. A responsible bidder is defined as a bidder that submits a completed bid package within the stated deadline and in accordance with the bid specifications. 4.2 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non-responsive. 4.3 The following criteria will be used to determine the best value: 4.3.1 Cost of service — up to 50 points. 4.3.2 Availability of resources to perform services, with qualified personnel per section 5.0 — up to 20 points. 4.3.3 Contractor's qualification and certification per section 6.0 — up to 10 points. 4.3.4 Experience working with government/similar size organization — up to 10 points. 4.3.5 Ability to meet the Business Equity goal of 23%— up to 10 points. 4.4 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 4.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City aiso reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large_ 4.7 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 4.8 Consideration of Location of Bidder's Principai Place of Business, Attachment B, if applicable; ITB 22-0017 Heavy Duty Repair and Services Page 16 of 52 4.8.1 If Attachment B. �ocal Preference is completed by any bidder the City will review the Attachment to determine whether local preference will apply to the award. 4.9 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 5.1 The Contractor shall: 5.1.1 Have a minimum of 2(two) years of experience conducting services similar or related to the Scope of Services. 5.1.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 5.1.3 Documentation and certifications necessary to perform work on City vehicles and equipment. This includes all certifications, such as the National Institute for Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the vendor to perform said work. 6.0 CONTRACTOR RESPONSIBILTIES 6.1 Contractors shall provide pricing on parts and labor for the services and a list of brands provided on the attached Bid Solicitation pages of this ITB. 62 Contractor shall provide unit prices for listed items. Unit prices shall include all associated costs unless specified in Proposals Solicitation Page, not limited to delivery, fuel and handling charges. No additional charges will be accepted or paid by the City. 6.2.1 The City will ensure that vehicles will have a minimum of a quarter (1/4) tank of fuel when dropped off for service. 6.3 Contractors may charge an hourly non-warranty labor rate per service, a cost plus (+) for parts, a diagnostic fee (detailed out), and any applicable transportation fees, if any. There are no guarantees the City will accept or held financially or liable for costs outside of labor and materials! parts if the submitted pricing is deemed excessive by the evaluation panel. 6.4 Contractors shall furnish provide documentation on their personnel authorized to perform work on City vehicles and equipment. This includes all certifications, such as the National Institute for Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the vendor to perform said work. All licenses, permits, insurance and any other documentation that is required by local, state and/or federal agencies are to be maintained during the term of this contract. 6.5 Contractors shall be authorized to diagnose, repair and service vehicles and equipment for the City of Fort Worth's (the "City") Heavy duty fleet. 6.6 Contractors shall perform work using the most up to date and appropriate methods available for said work under industry standards. This includes, but is not limited to, all suitable repair equipment and parts to insure the satisfactory execution of any repair or installation. 6.7 Contractors shall respond and supply requested materials or services required during regular business hours within the response time (DE�IVERY) from receipt of request in the proposals solicitation page or less including shipment by mutual agreement form the time original request is made. ITB 22-0017 Heavy Duty Repair and Services Page 17 of 52 6.8 Contractors shall provide the City priority service, as many City vehicles are utilized for public safety and emergency response. Expeditious turn-around is critical to City operations. Additional fees for priority services are prohibited. 7.0 HOURS 7.1 Contractors shall respond to a work order within 24 hours of notification. 7.2 Contractors shall deliver completed vehicles to the Fleet Service Center, Monday through Friday between 7:30 a.m.— 9:30 p.m. unless expressly authorized by the Fleet Service Center Supervisor(s) or their designee. Any deviation from this timeframe shall require written approvai from the Fleet Service Center Supervisor(s) or their designee. 8.0 AFTER HOURS 8.1 After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am, holidays and weekends. 9.0 PARTS 9.1 All parts utilized in repairs, replacements or instaliations on City vehicles and equipment must be new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts can be considered but must be approved in writing by City PMD Fleet personnel prior to being utilized by a vendor. 9.2 Vendor shall warranty and/or guarantee all work and products supplied under this Agreement against any defects in design, workmanship, materials and failure to operate satisfactorily. Each product shall be constructed to the highest industry standards. Products manufactured of poor workmanship will not be accepted. 9.3 The City reserves the right to supply parts as the City determines is necessary. 9.4 Vendor may charge a cost plus (+) for parts. The cost should be available for review by the City as requested. There are no guarantees the City will accept or held financially or liable for costs outside of labor and materials/ parts if the submitted pricing is deemed excessive by the evaluation panel. ITB 22-0017 Heavy Duty Repair and Services Page 18 of 52 10.0 INVENTORY OF ASSETS 10.1 Assets that may need repairs and services but are not limited to, the inventory listed below: Up to 3,000 on-road and 1,600 off -road vehicles and equipment including, but not limited to• Types of Manufacturers E ui ment Fire Trucks Allison Mazda Dump Trucks Altec Mercedes/ Sprinter Heavy-Duty Artic Cat Meritor Trailers Aquatech Metro Bucket Trucks Bendix Mitsubishi Off Road Big Tex Muncie Equipment BMW National Crane Transfer Champion New Holland Trucks Chevy Nissan Motor Homes Cummins Onan Generators Fuel Trucks Custom- Chris Trim Peterbilt Water Tankers Custom- Lawhon Pierce — Fire Apparatus Container Custom- Tommy Gate Pioneer Trucks Custom- Youngs Pipehunter/ Jeteye Sewer Delta Rigging Progard Equipment Detroit ROM Cozp Dodge Rosenbauer and other poosan Spartan related types of Duetz Spitzlift equipment over Eaton Sterling I ton E-One Tennant Ford Terex Freightliner Texas Steer Honda Toyota Hyundai Tracker International Twister Interstate Trailers Vac-Con Isuzu Vactor JCB Verneer Jeep Versalift JLG Volvo John Deere — Green (AG) WABCO Kawaski Wacker Kenworth Whelen Kobeico Yamaha KTM Zodiac Kubota and other related Mack manufacturers over 1 ton M&D ITB 22-0017 Heavy Duty Repair and Services Page 19 of 52 11.0 ESTIMATES 11.1 Vendor shall be required to provide written or electronicaily produced estimates to PMD Fleet personnel before the start of any work. The estimates must be emailed to the PMD Fleet employee(s) and/or PMD Fleet facility location who requested the services to be completed. 11.2 Estimates shall be approved and authorized by PMD Fleet personnel in writing via email prior to work being performed. Verbal approvals should not be considered. 11.2.1 Fleet shall create necessary work order for tracking. 11.2.2 Vendor shall be notified, via email, of repairs needed and/or diagnosis from Fleet. 112.3 Vendor shail identify the repair direction and shall emaii an estimate with specific details of the repairs needed regardless of warranty or non-warranty. 11.2.4 Warranty and billable repairs shall be on separate estimate(s) and invoicing in A�L cases. 11.2.5 Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 11.2.6 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs are NOT to be performed until a purchase order has been issued in writing from PMD Fleet Division. This ensures proper tracking and documentation are in place for the Vendor and the City. 11.3 Final submitted invoices submitted to the City for work performed should always match the final estimate received by the City. All revised estimates must be approved in writing prior to billing. 11.4 If City vehicle or equipment is serviced by a Vendor for warranty work, an estimate provided by the Vendor to the City shall state 'Warranty Service'. 11.5 All estimates provided by vendors will be quoted on a`time and materials' basis, adherence to the agreed upon contract rate(s) and itemized to iilustrate the cost of each of the following, if applicable to the service or work performed: 11.5.1 Estimates shall include number of and cost of part(s) to be installed. 11.5.2 Estimates shall include cost of labor to perform repair and/or installation; iiemized by number of labor hours per labor line. 11.5.3 Estimates shall include itemized inspection/diagnostic fees. 11.5.4 Transportation fees, if any, for pick-up or delivery. 11.5.5 Miscellaneous shop fees will not be allowed. This should be considered when bidding applicable costs in the other time and materials categories. 11.5.6 Travel charges for mobile services can be considered and should be itemized. Standard flat fee will not be considered. 11.6 Fleet shail create necessary work orders for tracking. 11.7 Contractor shall be notified, via email, of repairs needed and/or diagnosis from PMD Fleet. 11.8 All estimates provided by Vendors will be quoted on a`time and parts' basis, adherence to the agreed upon contract rates and itemized to illustrate the cost of each of the following, if applicable to the service or work performed: cost of part(s) to be installed, cost of labor to perform repair ITB 22-0017 Heavy Duty Repair and Services Page 20 of 52 and/or installation, inspection, diagnostic fees; itemized by labor hours except when estimated as a turnkey projectljob. 11.9 Vendor shall identify the repair direction and shall email an estimate with specific details of the repairs needed regardless of warranty or non-warranty. 11.10 Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases. 11.11 PMD Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or approval information. 11.12 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs with a cost associated to the City are NOT to be performed until a purchase order has been issued in writing from PMD Fleet. This ensures proper tracking and documentation are in place for the Vendor and the City. 11.13 Vendors shall send confirmation and a cost estimate to the Fleet Service Center Supervisor(s) or designee within 24 hours of receiving a list of equipment for inspection and testing. 11.14 Fleet Service Center Supervisors or designee will provide written authorization to proceed with the inspection and testing after evaluating the estimate. Vendors are not authorized to proceed with inspection, testing based on verbal authorizations and assumes all liability and responsibility for inspection, and testing performed based on such verbal authorizations. 11.15 Vendors will be required to provide written estimates to Fleet Service Center Supervisors or designee personnel before the start of any work. The estimates may be emailed to the Fleet Service Center Supervisors or designee who requested the services to be completed. 11.16 Estimates must be approved and authorized by City Fleet Service Center Supervisors or designee personnel in writing (email, fax or written) prior to work being performed. Original invoices submitted to the City for work performed cannot be greater than initial estimate provided unless approved by Fleet Service Center Supervisors or designee in writing. 11.16 If during the course of the originally estimated repairs, it is noted that further repairs will be needed, a revised estimate must be prepared by Vendors for the additional work. 11.17 Estimates provided by vendors shall state `Warranty Service' if City vehicles or equipment will be serviced for warranty work. 12.0 INVOICING REQUIREMENTS 12.1 The City of Fort Worth has begun implementing an automated invoicing system. 12.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices(a�fortworthtexas.qov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 12.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234) 12.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: . All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI (dots per inch). • Invoices must be sent as an attachment (i.e. no invoice in the body of the email). ITB 22-0017 Heavy Duty Repair and Services Page 21 of 52 • One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. . Please do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. . The invoice must contain the following information: • Supplier Name and Address; . Remit to Supplier Name and Address, if different; • Applicable City Department business unit# (i.e. FW013) . Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); . Invoice number; . Invoice date; and 12.5 Invoices should be submitted after delivery of the goods or services. 12.6 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices(a)fortworthtexas.qov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPavable(cDfortworthtexas.qov. 12.7 if you are unabie to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will ailow the city staff to digitize the invoice for faster processing. 12.8 If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Centrai Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 12.9 The City's goal is to receive 100°/a of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor's support. 12.10 If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ FIN AccountsPavable(c�fortworthtexas.qov. 12.11 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 13.0 HAZARDOUS CONDITIONS The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 14.0 UNIT PRICE ADJUSTMENT 14.1 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. 14.2 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. 14.3 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 ITB 22-0017 Heavy Duty Repair and Services Page 22 of 52 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. 14.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 14.5 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. 14.6 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. 14.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. 15.0 LAWS, REGULATIONS, AND ORDINANCES 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. 16.0 PERFORMANCE Failure of the City to insist in any one o� 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. 17.0 COMPLAINTS 17.1 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. 17.2 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. 18.0 SUBCONTRACTING No subcontracting of the work under this purchase will be allowed without written permission from the City. 19.0 CONTRACT ADMINISTRATION 19.1 Contract administration will be pertormed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. ITB 22-0017 Heavy Duty Repair and Services Page 23 of 52 EXH►BIT E VLRIFICATION OF SIGNATURE AUTHORITI' ZIMMF,RER KUBOTA & EQLIIPMGNT 5165 MARK IV PARKWAY FORT WORTH, TEXAS 76106 Execution of t�his SignaCure Verification Form ("Form") hereby certifies that tl�e following individuals andlor positions have the authoriry to legally bind Vendor and to execute any agreemei�t. amendment or change order on behalf of Vendor. Sucl� binding authority has been granted by proper order. resolution, ordinance or other autllorization of Vendor. City is fully entitled to rely on tl�e warranry and representation set forCh in this Form in entering it�Co a��y agreement or amendment with Vendor. Vendor will submit an updated Porm wiChin ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed C onn until it receives a revised Fonn that has been properly executed by Vendor. 1. Name:� � i "�� os ion: o�rcr'�t 9GY'�J t c�. 0.S91 �Q�(�-'r L /�/�- (�-�! v _ Signature ,. Name: Position: Signature 3. Name: Posifioi�: Signature Name: Signature of President / CEO Other Title: Date: [�rofessioilal Services Agreement Page 26 of 26 Zimmerer Kubota c�c Gquipment, Ine. Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C DATE:6/14/2022 REFERENCE NO.: **M&C 22- 0449 LOG NAME: 13P ITB 22-0017 HEAVY DUTY SERVICE AND REPAIRS ADK PMD CODE:P TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (ALL) Authorize Non-Exclusive Purchase Agreements with Custom Truck One Source, L.P., Daco Fire Equipment., Frank's Wheel Aligning, Inc., Grapevine DCJ, LLC., Hundley Hydraulics., Metro Fire., CDA Hydraulic Solutions dba Pirtek., Adams Welding Company, Inc. dba Shaw Bros Welding., Southwest International Trucks, Inc., Texas Kenworth Co dba MHC Kenworth., and Zimmerer Kubota and Equipment, for Heavy Duty Repair and Services in an Annual Amount Up to $1,305,278.00 and Authorize Four One-Year Renewals for the Same Annual Amount for the Property Management Department RECOMMENDATION: It is recommended that the City Council authorize the award of non-exclusive purchase agreements with Custom Truck One Source, L.P., Daco Fire Equipment., Frank's Wheel Aligning, Inc., Grapevine DCJ, LLC., Hundley Hydraulics., Metro Fire., CDA Hydraulic Solutions dba Pirtek., Adams Welding Company, Inc. dba Shaw Bros Welding., Southwest International Trucks, Inc., Texas Kenworth Co dba MHC Kenworth., and Zimmerer Kubota and Equipment, for heavy duty repair and services in an annual amount Up to $1,305,278.00 and authorize four one-year renewals for the same annual amount for the Property Management Department DISCUSSION: The Property Management Department approached the Purchasing Division to procure an agreement for heavy duty repair and services of City of Fort Worth (City) owned vehicles and equipment. Fleet is responsible for acquisition, preventative maintenance, repairs, and fueling for the City's mixed fleet of vehicles, off-road equipment and other related equipment. The Purchasing Division issued an Invitation to Bid (ITB) 22-0017. The bid detailed specifications describing the services and repairs required to maintain the vehicles and equipment. The ITB was advertised in the Fort Worth Star-Telegram from December 15, 2021 through January 6, 2022 and 11 responses were received. Staff evaluated the responses based on a Best-Value criteria, which included (a) availability of resources to perform services with qualified personnel, (b) bidder's qualification and certification, (c) experience working with government/similar size organization, (d) cost. The individual scores were averaged for each of the criteria and the final scores listed in the following table. Upon review of the bid submissions, scores and pricing, Purchasing staff recommends awarding a non-exclusive agreement with all bidders. Bidders Evaluation Factors E1 E2 Pricing Total Score Custom Truck One Source, L.P. 15 20 0 23.5 Daco Fire Equipment 15 17 40 61.5 Franks Used Alighning, Inc.15 17 0 21.5 Grapevine DCJ, LLC 15 18 0 22 Page 1 of 3M&C Review 7/1/2022http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30003&councildate=6/14/2022 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount FUNDING: The maximum annual amount allowed under this agreement will be $1,305,278.00, however the actual amount used will be based on the need of the department and available budget. Funding is budgeted in the Fleet Services Outside Rep & Maintenance account of the Property Management Fleet Parts & Fuel Inventory Department’s Fleet & Equipment Services Fund. BUSINESS EQUITY - A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS: Upon City Council approval, the agreement will begin upon execution and will end one year from that date. RENEWAL OPTIONS: This agreement may be renewed for up to (4) four one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMNISTRATIVE 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. Hundley Hydraulics 15 19 0 22.5 Metro Fire 15 23 0 25 CDA Hydraulic Solitons dba Pirtek 15 20 0 23.5 Adams Welding Co, Inc., dba Shaw Bros Welding 15 20 0 23 Soutwest International Trucks, Inc.15 22 0 25 Texas Kenworth Co. dba MHC Kenworth 15 24 0 26 Zimmerer Kubota and Equipment, Inc.15 18 0 22 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Fleet & Equipment Serv Fund. Prior to an expenditure being incurred, the Property Management department has the responsibility to validate the availability of funds. BQN\\ TO FROM Submitted for City Manager's Office by:Reginald Zeno (8517) Dana Burghdoff (8018) Originating Department Head:Anthony Rousseau (8338) Steve Cooke (5134) Page 2 of 3M&C Review 7/1/2022http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30003&councildate=6/14/2022 Additional Information Contact:Cynthia Garcia (8525) Ashley Kadva (2047) ATTACHMENTS 1295 Form- Custom Truck One Source.pdf (CFW Internal) 1295 Form- Southwest International Trucks Inc..pdf (CFW Internal) 1295 Form- Texas Kenworth Co dba MHC Kenworth.pdf (CFW Internal) 1295.pdf (CFW Internal) 13P ITB 22-0017 HEAVY DUTY SERVICE AND REPAIRS ADK PMD funds availability.pdf (CFW Internal) FID TABLE.xlsx (CFW Internal) Form 1295 Adams Welding Co., Inc..pdf (CFW Internal) Form 1295 Certificate 100902067 SIGNED.pdf (CFW Internal) Form 1295 Certificate 100902462 CITY OF FORT WORTH.pdf (CFW Internal) Franks 1295.jpg (CFW Internal) Hundley.pdf (CFW Internal) scan.pdf (CFW Internal) Page 3 of 3M&C Review 7/1/2022http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30003&councildate=6/14/2022