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HomeMy WebLinkAboutContract 57903�_ � ��, � A . RE�;Eiv: , �' JUL 2 � 2�7r � �=�, �_ . �,'� G4TY OF FDRT 1NDRTN C1TY SECI�ETARY L'��•; City Secretary Contract No, , �� � � �'� �°�� ' � NON-EXCLUSIVE VENDOR SERVICES AGREEMENT �7� �� � This NON-EXCLUSNE VENDOR SERVICES AGREEMENT ("Agreement"} is made and entered into by and between the CITY OF FORT WORTH ("City"}, a Texas home rule municipal corporation, aeting by and thraugh its duly authorized Assistant City Manager, and Grapevine DCJ, LLC {"Vendor" ar "Contraetor"), a Texas, Limited Liability Company and acting by and thraugh its duly authorized representative, each individually referred to as a"party" and collectively referred to as tl�e ��partiies.,, WH�REAS, througla RFP No. 22-0017, the City solicited bids #o award non-exclusive services agreements io multiple bidders to provide repairs, inainfenance and purchase of parts far a vaxiety of heavy d.uty �+ehicles, lawn, and marine ecluipment in the Cr.ty's flset, an an as needed basis, in the City with an aggregate amount of up to $1,3U�,2�8,00 per year for contracts avvarded ta t�Ze successful bidders; WHEREAS, Ve�ndor was one of the successful bidders awarded a contract to pravide non- exclusive repairs, tnaintenance, and purchase parts for a variety of heavy duty vehicies, lawn, and marine equipment in the City's fleet; and WHER�AS, City and Vendor wish to set out terms of Vendor's non�exclusive r�pairs, maint�nance, and purchase parts for a variety of hea�y duty vehicles, lawn, and marine equiprnent in the City's fleet. NOW, THEREFORE, the parties, acting herein by the through their duly authorized representatives, enter into the followingagreement: AGR�EMENT DOCUM�NTS: The Agreement docutnents shall incl�zde the following: l. This Nan-Exclusive Vendor Services Agreemenf; 2. Exhibit A— Scope of Services; 3. E�ibit B— Price Schedule; 4. E�ibit C— City's RFP No. 22-0017 5. E�ubit D— Vendor's Bid Respons� to City's RFP No. 22-0017; and 6. E�ibit E— Verifica�ion of Si�naiur� Authority Farm. E�claibiYs A, B, C, D, and E, which are attached l�ereto and incorporated Ilerein, are inade a part of this Agreement for all purposes. In ihe event af any conflict,between the terms and conditions of Exhibits A, B, C, or D and the terms and conditions sei forth in tl�e body of this Agreement, the terms and conditions of this Agreement sha11 cantroi. , _ , 1. 5co e of Services. -����CIA� R���R� ��6�'Y S��R�T,��.�' � onaa�o��.� -r�; Vendor Services Agreement Page 1 of 25 Grape�ine DCJ, I,T.0 I.1 Vendor agrees to provide repairs, maintenance and purehase of parts for a variety of heavy duty vehicIes, lawn, and marine equipment in the Ci#y's fleet, on an as needed basis {"Services"),. wiuch are set forth in more detail in Exhibit "A," attact�ed hereto �nd incorparatec! herein for aII purposes. 1.2 Vendor understands and ageees �hat tlie City wiIl awa�d naza-exclusir�a purchase agr�e�nen�s to muitiple bidders for service repairs maintenance and purchase of parts for a variaty of heavy duty vehic3es, lawr►, and marine equipanent in the City's fleet, on an as needed basis, as outlined in City of Fart Worth Bid Solicitation (RFP No.22-0017}, which is atta.ched hereto as Exhibit C, and incorporated herein for all purposes. Vendor further understands that the aggregate a�nount of all contracts awarded to inultiple Vendo�•s under RF'�' No. 22-6017 shall be an amount not to exceed $ 1,305,2q$.40 per year, and the Ci.ty makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreament. Vendox's Response to Gity Qf Fort Worth ITB No 22-OOI7 ("Vendor's Response") is attached hereto as �xhibit D, and incorporate l�erein for all purposes. 2. Term. This Agreement bagins on .Tune 14, 2022 ("Ef�ecti�e Date") and expires on 7une 13, 2023 ("E�piz'atinn Date"}, unless terminated earlier zn accnrdance with this Agreement {"Initial Terin'°}. City will ha�ve tI'ie option, in its sole discretion, to renew this Agreement under tl�e saine ter�ns and conditions, for up to four {4) one-year renewal option(s) (each a"Ren�wal Ter�n"), 3. Compensat�o.n. 3.1 City will pay Vendor in accordance t�ith the provisions of this Agreement, inclLiding Exhibit "B," which zs attaclYed hereto and incorporated herein foz' all purposes. Tofial annual compensation at�nu�l under this Agreement will nat exceed One Mxllion Three Hundred �ive Thousand Two Hundred and Seveniy-�ight Dollars and No Cents (�1,30S,�i8.00). Vendor will not perform any additional sarvices or bill for expenses incurred far City nof speciiied by this Agreement unles5 Ciiy requests an.d appro�es in writing the additional costs for such services. City will not be liabl� £or any additional expenses of Vendar nat specified by tivs Agreeinent unless City �rst approves such expanses in writing. Vendor undarsta.nds and agrees ihat the aggregate amount of all contracts awarded ta multiple Vendors under RFP No. 22-OOI7 shall be an amaunt not to exceed $ 1,30�,��8.00 per year, and the City inakes no promise or guarantee of the total amount of wark that will be assigned to Vendor under this Agreement. 3.2 Vendor agrees to sub�nit estimates and invoices in accardance with the esiimate and invoiee r�quirennents stated in E�ibit "A". 4. TerminaLion. 4,1, Wrii�en Natice. City or Vendor may terminate this Agreement at any time and for any reasan by providiag tha other party with 30 day�s' written natice of termination. 4,2 Nan-a ro rtation of Funds. In tlie event no funds or insufficient funds are appropriated by City in any fseal period for any payments due liereunder, City wzll n.otify Vendor af such occurrence and this Agreement will terminate an �lie last day of the fiscal period fnr which apprapriations were received without penalty or �xpense to City of any kind whatsoever, e�cept as to the portions of the payments herein agreed upon for which funds have been appropriated. Vendo�� Services Agreement 1'age 2 af 25 4.3 Duties and Obligations of ihe Parties, In the event that this Agreement is terminated prior to the Expiratzon Date, City will pay Vendor for services actually rendered up ta �he efrf'ective date of terminatian and Vendor wij3 continue to pro�ide City witk� services requested by City and in accordance with this Agreement up to the effective date of terminatian. Upon tarmination of this Agreement for any reasan, Vendor will provide City v�ith copies oi all completed or partially connpleted docuinents prepared under this Agreement. In the eveni Vendor has recei�ed access to City Information or data as a req�irement to parforrn servicas hereund�r, Vendor will ret«rn all City pxavided data ta City in a machine readable format or other format deerned acceptable to City. 5. Disclosure of Conflicts and Con�dential Information. 5.1 I3isclosure of Conflicfi,�. Vendor here�y warrants to City that Vendor has made fuil disclasure in writing of any exis�ing or patential canf�icts of interest related to lfendor's services u�der this Agreement. In the event that any canf�zcts of interest arise after the Effective Date of tbis Agreement, Vandor hereby agrees immediately to make fuI1 disclosure to City in writing. 5.2 Conf'idential Information, Vendor, �or itself and its ofiicers, agents and emplaye�s, agrees that it wi11 treat all information provided Yo it by City ("City Infarmation") as confideniial and wil� not disclose any such inforenation to a third party without the prior written approval af City. 5.3 Fublic Infarmation Act. City is a government entity under the laws of the State of Texas a�d all do�uments held or maintained Uy City are subj ect to disclosure under the Texas Public In%rmation Act. In tha e�vent there is a request far information mark�d Confidential or Proprietary, City will promptly notify Vendor. Tt wi11 betl�e responsibzlity of Vendor to submit reasons objecting to disclosure. A determina�ion on wheth�r such reasons are suffici�nt will not be decided by City, hut by the Office of the Attorney G.eneral of the 5taie of Texas or by a cauri of competent jurisdiction. 5.4 Unauthorized Access. Vendor rnust store and rtjaintain City I�formation in a sacure manner and will not allow unautllorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendflr must notzfy City immediately if the security ar integrity of any City Information has been compromised or is believed to have been caYnpromised, in which event, Vendor will, in good faith, use all commeecialiy reasonable efforts ta cooperate witii City in identifying what infornaation Iias been accessed by unauthorized means and will fu�ly cooperate with City to pratect such City Information from furti�er unauthorized disclosure. 6. Ri�ht to Audit. Vendor agrees that City wi�i, until the e�cpiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit comrnenced during the said three years, have access to a�d the right to examine at reasonable times any directly pertinent bov�s, documents, papers and records, including, but not limited to, all eleatronie records, of Vendar invol�ing. transactions relating to this Agreem�nt at no additia�tal cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor f�ci�ities and will be provided adec�uate and appropriate work space in order to conduct audits in complianc� with the provisions nf this section. City wil� give Vendor reasonable advance notice of intended audiis. 7. Independent Contractor. It is expressly understood and agreed that VeMdor will operate as an independent contractae a.s to all rigltts and pri�ileges and work perfarmed under this A�reement, and not as agent, representative or emplayee of City. Sub�ect ta and in accordance with the conditions and Vendor Services Agreement Page 3 of 25 pro�is.ions of this Agreeinent, Vendor will ha�e the exclusive right to control the detaits of its operations atad activities and be solely responsible #'or the acts and ornissions of its officers, agents, servants, em�ployees, Vendors, and subconfractors. Vendor acla'iowledges tl�at the doctrine of resporadeat superior will not apgly as between City, its officers, agents, ser�ants and employees, and �endor, its officers, agents, employees, ser�ants, contractors, and subcantractors, Vendor further agrees that nothing herein will be constru�d as the creation of a partnership or ,�oint enferprise between City and Vendor, It i5 further understood that Ci#y w.i.11 in no way be considered a Co-employer or a Joint empfoyer of Vendor or any officers, agents, seivants, employees, contractors, or subcontractors. Neither Vendor, nor any nfficers, agents, seevants, emgloyees, contractars, or subcontractors oi Vendor wilI be entitled to any employment benefits fronn City, Vendor wi�] be responsible and liable far any and a1� payment and reporting of taxes on behaif of itself, and any of its oft'ieers, agents, sez'vants, emgloyees, contractars, or contx'aciors. 8. Liabilitv and Indemni�ication, 8.1 LIABIL�TY - VENDOR WIZL BE LIABLL fIND RESPONS`TBLE FOR A1VY AND ALL PROPERTY LOSS, PROPERTY DAM�GE AND/OR PER.S`DIVAL INJURY, INCLUDING DEATH, TD ANY AND ALL PERSONS, OF ANY KIND OR CH11Rf1CTER, WHETHER REAL OR A5`SERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMxSSlDIV(S}, MALFF�],SANGE �R INTENTIONAL 1VILSCONDUCT OF VENDOR, IT.4 OFFICERS, AGENTS, SERVAN�'S, EMPLOYEE,S', CONTRACTORS, OR SUBCONTRACTORS 8.2 GE1V�'RA.� INDEMIVIFI'CATI�N � Y'ENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD �IAI�NILESS AND DEFEND CITY, ZTS OFFICERS, AGENTS, SERVANT,4AND EIVIPLOYEES, FROMANDAGAINSTANI'AND ALL CI,AIMb` OR LA.W�'UITS OFANYICIND aR CHARAG'TER, WHETHER REAL OR ASSERTED, FOR E.ITHER PROPERTYDAMAGE OR LOSS (INCL UDINGAL�EGED DAMA GE OR LOSS TD VENDOR'S BUS1'NE,�S AND ANY RE'SULTING L�S�' PRDF1'TS) AND/OR PERSONAL INJURY, INCLUDI'NG DEATH, TD �11VYAND ALL PERSONS, AR�,SING OUT OF QI� I1V CONNECTIDN WITH THIS AGREEMENT, TO THE EXTENT GAUSED BY THE NEGLIGENT ACTS` OR OMISSIONS OR MALFEA.SANCE OF VENDOR, ITS OFF]'CERS, AGENT,�, SERVANTS, E1fIPLOYEE,S, CONTRACTQRS, OR SUBC4NTRACTORS 8.3 INTELLECTUAL PIZOPERTY INDEMNIFICATION — Vendar agrces ta defend, settle, or pay, at itis own cost and expense, any claim or action against CiEy for infringement of any patent, copyright, trade marl�, trade secret, or similar praperty right arising from City's use of the soitrvare andlor documentation in aecordance �with this Agreement, it baing understood that this a�reement to defend, settl.e or pay will not apply if City modifies or misuses the software �nd/or documentation. �o long as Vendor bear� the cost and expense of payment for clainns flr actions ag�inst City puurstzanE to this section, Vendor wiil have the right to conduct E[�e defense af a�ty such claim or action and aIl negatiations for its settlement or compromise and to settle or compromi�e any such clairr�; however, City wilI have the right tq fully participate izt any and all such settlement, negotiations, ar tawsuit as necessary to �rotect Ciiy's interest, and City agrees to cooperate with Vendor i� doing s4. In the event City, for whatever reason, assumes the responsibility foz� payment a� eosts and expenses for any claim or action brought against City for iniringement arising undcr this Agreemant, C�ty will have the sole ri�ht to conduct the defense of any such ciaim or action and aIl negotiatians for its settlement or camproimise and to settle or compro�ise any such claim; however, Vendor will fully participate and eooperate with CiLy in defense of snch claim ar action. City agrees to give Vendor timeIy vvrit.ten notice Vendor Serviees Agreement Page 4 of 25 of any such ciaim or action, with copies of all papers City may recei�ve reiating thereto. Not'withstanding the fore�oing, City's assumption of payment of costs or expenses will not efiminate Vendor's duty to indemnify City under Yhes Agreement. If �he softrvars andlor documentatian or any part thereof is held to infringe and the use tN�ereof is enjained or restrai.ned or, if as a resufE of a settfement or eompromise, such use is �naterially adversely restrict�d, Vendor vvill, at i�s own expense and as Ciiy's sole remedy, either: (a) procure for City th� ri�ht to continue to use the software andlar dacumentation; or (b} madify the software andlar doc�mentation to makc it non-infri�ging, gravided that such modificatian does not materiaUy ad�ersely affect City's ant�orized use of the software andlor documentation; or (c) raplace the saftware andlor documentaEion vvith equa�l� suitablc, compatible, and functionally e.quivalent non-infringi�ng software andlor documentation ai no add�tian�l charge to Ci�y; or (d} if none of the foregoing alternatives is reasonably available to Veac3or ierminate t�is Agreemient, and refund alr arnouats paid tv Vendor by City, subsequent to whieh ter�nanation City may seek any and all remedies available to City under law. 9. Assi�nment and Su6contractin�. 9.1 Ass� Vendor will nat assign or subcontract any of its duties, obligations or rights under this Agreament without f.�e p�ior written consent of City. If City grants consent to an assignmer�t, tha assignee will execute a written agreement with City and Vendor under which �1ie assignee agrees to be bound by the duties and abligations o� Vendor under this Agreement. Vendor will be liable far ail ohligatians of Ver�dor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the sL�bcontractor wiil execute a written agreement with Vendor referencing this Agreemen� under which subcon�ractoe agrees to ba bound by the duties and obl�gatians af Vendar under this Agreement as sucl� duties and obligativns may apply. Veador must pravida City with a fully e�ecuted copy of any such subcontract. 10. Insarance. Vendar must provide Ciiy with certificate(s) o� insurance documenting policies of the following types and minimum coverage limits fhat are to be in effect prior tfl commencement af any Services pursuant to this Agreeinent: 1�.1 Covera�e and Lirnits {a) Commercial General Liability: $1,000,000 - Each Occurrence $2,OQ0,000 - Aggregate (b) Automobile Liabiiiiy: $1,0OO,OQO - Eacll occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its empjoyees, agents, or representatives in tne course of praviding Sez'vices under this Agreement. "Any vehicle" wiSl be any vellicle owned, hired and nan-owned. Vendaz' Services Agreement Page 5 of ZS (c) Worker's Cotnpensation: Statutory limits according to the Texas Workez•s' Compensation Act or any other state workez•s' compensation laws where the Services are being pei�ormed �mployers' liability $10Q,OOfl - Badily Injury by accident; each accident/occurrence $100,Q00 - Bodily Injury by disease; eacl� employee $500,000 - Bodily Injury by disease; policy limit (d) Pro%ssional Liability (Errars & Omission�): $1,4D0,0.00 - �ach CIaim Litnit $1,000,4Q0 - Aggregate Limit Professiona� Liability coverage may be provided through an endarsement to ihe Commercial General LiabiIity (CGL) palicy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all ather requirements. Caverage must be claims-mad�, and maintained for the duration of the coni�•actua[ agreer�ent artd far two (2) yeaz�s following eornpletion of s�rvices provid�d. An annual certificate o� insurance znust be submitted to City to c�idence co��rage. 1D.2 General Re uirements {a} TIZe commercial general liability and autai�obile liability policies must naa�ne City as an additional insnxed thereon, as its interests may appear. The term City includes its employeas, of�cers, offtciaNs, �.gents, and volunteers in respect to the contracted services. (b} Tha workei•s' compensation p�licy must include a Waiver of Subrogation {Right of Aeco�ery) in favor of City. (c) A minimum of `I'hirty (30) days' notice of car�cellatian or reduction in limits of ca�erage must be provided to City. Ten (10) days' notice will be acceptable in the e�ent of non-payment of premium. Notice inusY be seni to the Risk Manager, City of Forf Wotth, 2d0 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Wortl� City Attornay at the same address. {d) The insurars for all policies must be licensed and/or approved ta do business in the State of Texas. AII inslu•ers inust ha�e a minizxium rating of A- VII in tl�e current A.M. �estKey Rating Guide, or hava reasonably equivalent financial s�i•ength and solvency to the satisfaction af Risk Management. If the �•ating is below that required, writien approval of Risk Management is required. (e) Any failure on the part of Gity to requ�st required insuranee documentation wzll not constitute a waiver of the insuraz�.ce requiremant. Vendor Services Agreement Page 6 of 25 (� Gerti�cates af Insurance evidencing thaf Vendor has obtained all required insuranc� will be delivered io the City prior to Ve�dar proceeding with any work pursuant to Yhis Agreement. 11. Com liance with Laws Ordxnances Ru1es and Re ula�ions. Vendor agrees that in the performance af its obligations hereunder, it will comp�y t�vith al� applicable federal, state and loca! laws, ordinances, rules and regulatians and that a�►y work it produces in connection with this Ag,1 eement will also comply with all applicable federal, sfate and local laws, ardinances, rules and regulations. If City notifies Vendor of any vioIation of such laws, ardinances, rules or regulations, Vendor �nust immediafely desist from and correct the viplation. I2. Non-Discrim�ination Co�enant. V�ndor, for itself, its personaj eepresentatives, assigns, contractoes, subcontractors, and suecessors in interest, as park of the cansiderat�on h�rein, agees that ir� �he performance of Vendor's duties and obligatians hereunder, it will not discriminafe in the treatment or empioyment of any individual or group of individuals on any basis prohibited by law. IF ANY CLATM ARTSES FROM AN ALLEGED VIOLATION O� THIS NON-DISCRIM�IVATION COVENANT BY VENDOR, Ti'S PER50NAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SiTBCONTRACTORS, OR SUCCES�ORS IN INTER�ST, VENDOR AGREES TO ASSUME SUCH LIASILITY AND TO XIVDEM1VIItY AND DEFEND CITY AND HOLD CITY HARMLES� FROM SUCIi CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreem�nt will be conelusively determined to have been delivered when {I} hand-delivered to the ather party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation af tl�e transmission, or {3) received by the ot�er party by United States Mail, registered, ret�rn receipt requested, addressed as �ollows: To CITY: City of Fart Warth Attn: Assistant C[ty Manager Dana Buxghdoff 200 Texas �treet �'ot� Worth, TX 76102-6314 Facsimile: (817) 392-8654 To VENDOR: Grapevine DCJ, LLC Santiago Ramirez, Direetar of Fixed O eratians 2601 William D Tate Grapevine, TX 76501 Facsimile: 8 I 7-410-7503 With copy to Fort Worth City A�tortiey's Office at same address 14. Saliciiaiion of Ern xo ees. Neither City nor Vendor will, during the term of this Agreement and additionally for a periad af one year after iis termination, solicit for employment ar employ, whether as employee or independent cantractor, any person who is or has been �mplayed by the Qther during the term of this Agreement, without the prior written conseni af the person's ernployer. Notwithstanding the foregoing, this provision will not apply ta an employee of either party who responds to a general salicitation of advertisement of employment by either party. 15. Gaveramental Powers. It is understood ar�d agreed that by axacution of this Agi•eement, City does not waive or surrender a�►y of Sts governmental powers or immunit�es. Vendor Services Agreemant Page 7 oi 25 1G. No Waiver. The failure of City oz• Vendor to insisf upnn the perfai7nance of any term or provisian of this Agreement or io exercise any right granted herein does not constitute a waiver oi City's ar Vendor's raspective right ta insist upon appropriate perfoi�rnance or to assert any such right on any future occasion, 17. Governin� Law 1 Venuc. Tltis Agreement wi11 be construed in accordance with the Iaws af the State of Texas. If any action, wheYher real nr asserted, at law or in eqUity, is brought pursuant to this Agreement, venue iat• such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District oiTexas, Fort Worth Division. 18. Severabilitv. If atay pro�ision af tl�s Agreem�nt is held to be invalid, illegal or unenforceable, the validity, Iegality and enforceability of ihe t•emaining provisions will not [n any way be affected or impaired. 19. Force Ma,�eurc. City and Vendor will e�excise their best efforts to meet their respective duties and obligations as set forth in this Agre�znent, but will not be held Iiahle for any delay or omission in performance due to force majeure or other causes beyond �ieir reaspnable control, including, but not limited to, campIiance with any governtnent law, ordinance, or regulation; acts of God; acts of tlae public enem.y; iues; strikes; lockouts; natural disasters; wars; riots; epida�nics or pand��nics; gavernment actian or inaction; orders of government; material or labor restrictions by any goverzimental authority; transportation problems; restraints or prohibitions by any eourt, board, d�partment, commission, or agency afthe Uniied 5tates or of any States; civil disturbances; other national or regianal emergencies; or any other similar cause not enui�erated herein bu� which is beyond the reasonable control af the Party whose performance is affected (colleciively, "Farce Majeure Evet�t"}. The perfor�nance of any such pbligation is suspended during the pariod of, and only to the extent of, such preventian or hindranca, provided the affected Pa.rty provides natice of the Force Majeure E�ent, and an explanation as to how it prevents or hinders the Pai�ty's performance, as soon as reasonably possibie after the occurrence of the Force Majeure E�ent, witI1 the reasanabl�ness of such notice to be determined by the City in its sole discretion. Thc notice rec�uiz•ed by this section must be addx'essed and delzt+ered in accordance with Sectian 13 af th�s Agreement. 20. Headi►t�s not �ontrollin�. Headings �nd titles used in this Agreemezat are for reference purpases only, will not be deemed a pat� of this Agreement, and are not intended to defin� or limit �e scope of any pro�ision of this Agreement. 2Z. Review of Cnunsel. The parties acknowled�e tllat each party and its cnunsel ha�e reviewed and revised this Agreement and that ttle normal rules af construction to t11e effect that any atnbiguities are to be resolved against the dra$ing party will not be employed in the interpretation af this Agreement or Exhibits A, B, and C. 22, Amendments / Modi�eations /�xtensions. No acx�.endment, macEi�cation, or extension of this Agreement will be binding upon a party 1lereto unless set forth in a written instrument, which is exeeuted by an authorized representative of each party, 23. CounYerparts. This Ag�'eement may be execLtted in one or more caunie�•parts and each counterpart will, for aIl purpases, be deamed an original, but all such counterparis wi11 togetller constitute one and t1�e satne inst�•ument. 24. Warranty af Ser�vices. Vendor vvarrants that its services will be af a high qualiiy and confortn to genarally prevailing industry standards. City must give written notice af any breach of this warranty witliin thirty (30) days from the date that tiha services a.re compleied. In such event, at Vendor's Vendor Services Agreement Page S oi25 apCio�, Vendor will either (a) use commercially reasonable efforts to re-perforzn the services in a rr�anaer tllat con%rms with the warranty, or (b) z'efund the fees paid by City to Vendar fQr the nonconfarming services. 25. Immi�ration Nationalit�' Act. Vendor must verify the identity ar►d ernployment eligibility af its employees who perfarm work under this Agreement, including compieting the Employment Eligibility Verificatian Forru {I-9). Upon request by City, Vendor wiI1 provide City with eopies of all I-9 forms and supporting eligibility documentation for each employee wha perfarms work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish approprlate procedures and contrals so that no services will be performed by any Vendor eYnployee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTI�S, LIABILITIES, OR LOSSES DIIE TO VIOLATXONS OF THIS PARAGRA,PH BY VENDOR, VENDOR'S EIVIPLO�EES, CONTRACTORS, SLTBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to irnmediately terminate this Agre�inent for violations ofthis pravisifln by Vendor. 26. Ownership of Work Product. City wi11 be the sole and exclusive owner of �11 reports, work papers, procedures, guides, ar►d documentation that are created, published, dzsplayed, or produced in canjunction with the s�er�ices provided under this Agreement (collectively, "Work Product"). FurEher, City wi11 be the sole and exclusive owner af all capyright, patent, trademark, trade secret and other propri�tar'y rights in a�ad fo the Work Product. Otxvnership of the Wark Product will inure to tl�e benefit o.i Gity fi'om the date oi conception, ereatian or �xation of the Work Produci in a tangible medium of expression (whichever occurs first). Each copyrightable aspeci of the Work Product will be considered a"wark-�ade- for-hire" vvithin the meaning of the Capyriglit Act of 1976, as amended. If and to tl�e extent such Work Product, ar any part thereaf, is not considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendnr hereby expressly assigns to City all exclusive right, title and inierest in and to the Work Product, and all copies thereaf, and in and to the copyright, patent, tradeatark, trade secret, and all afher proprietary rights therein, that City may have or obtain, without further considez'ation, free from any c3aim, lien for balance due, or rights of retention thereto on the part of City. 27. Signature Autharitv. The person signing this Agreement nereby warrants that they have the legal authority ta 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, �ay be executed by any authorized represeniative of Vendor. Each party is fully entitI�d ta rely on these warraz�ties and represen�ations in ent�ring into this Agreement or any amendment hereto. 28. Chan�e in Com�anv Name or Ownershi�. Vendor must natify 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 t11e letter. A leiter i�ndicating changes in a company name or awnarshfp must be accompanied wiY.h supporting legal dacumeniation such as an updated W-9, documents filed with the state indicating such change, copy of the bnard of director's resolution appraving the aciion, ar an executed merger or acquisition agreernent. Failure to pro�vide the specified docu�nentation so may adversely impact future invoice payments. 29. No Bovcott of Israel. If Vendor has fevver than 10 employees or th�s Agreement is for less than $]00,000, this sectron does not apply. Vendor aeknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from eniaring into a contract with a company for goods ar services unless tlie cont�•act contair�s a written �erifcation from the company that it: (1) daes not boycatt Israel; and (2) will not boycott Israel during the term of the contract. The tertYas "baycott Israel" Vendor Sarvices Agreement Page 9 of25 azid "company" has �11e ineanings ascribed to those ter3ns in Sectian 2271 of tl�e Texas Gavernment Code. By signing this Agreement, Vendor eertifies thaE Vendor's signature provides writFen verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycatt Israel during the term of the Agreement. 30. Prohibition an Bovcottin� Energv Companies. Vendor acknawl�dges that, in accardance with Chapter 2274 of the Texas Govarnmant Code, as added by Acts 2�21, 87th Leg., R.S., S.B. T3, § 2, the City is prohibited frdm entering into a contra,ct for gaods or servtces that has a value of $100,00Q or more that is to b� paid wholly or partly from public funds of the City with a campany with 10 or more fulI-tirrze employees unless the contraet eontains a written verificatian fi•om the company that it: (I) does nat boycott energy companies; and {2) will not boycott energy companies during tl�e term of tha contract. The terms "boycott er�ergy company" and "company" laave the ineaning ascribed tn those terms by Chagter 2274 of �11e Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the axtent that Chaptez• 2274 of the Go�e:rninent Code is applicable to this Agreernent, by signing tlus Agreement, Vendor ceriifies that Vendor's signature provides writien verification ta Y.�e City that Vendor;. (1) does not boyeott energy campanies; and {2) will not boycott �nergy companies dur�ng the term of this Agceement. 31. Prohibition on Discrimination A ainst Firearm and A�tnmunition Indusfries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the 'T'exas Governinent Code, as added by Acts 2021, 87th Leg., RS,, �,B. 19, § 1, the City is prohibited from entering into a contract %r goods or ser�ices that has a value of $100,000 nr more that is to ba paid wholIy or partly from public funds of ihe City with a compan,y with 10 or m4re full-time employees unless the contract cpn.ta[ns a written �erif cation from the company that it: {1} does not hat�e a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade assnciation; and (2} will not discriminate d�rring the term af the contract against a�rearin entity or ftrearm trade association. Tha tex�ns "discriminate," "firearm entity" and "fixearm trade associatian" hava the ineaning ascribed to those terms by Clsapte� 2274 of the Texas Government Code, as added by Acts 202I, 87th Leg,, R,S., S.B. T9, § l. To the extent thai Ch:apter 2274 of the Governanent Code is applicable to this Agreement, by signing ti�is Agreement, Vendar certi�as that Vendor's signatuz'e provides written verification to the Caty that Vendar: {1) does not have apraetice, policy, guidance, or directi�e ihat discriminates against a firearm entity or frearrn trade assoeia#ion; and (2) will not discriminate against a firearm entity or firear�n trad� associa�ion during the term of this Agreen:ient. 32. Electronie Si natures, This Agreement may be executed by electranic signature, which will be considered as an original signatura for all purposes and have the same forc� and effect as an orig'rnal signature. For these purposes, "electronic signatuz•e" means electronically scanned and transmiiCed versions (e.g. �ia pdf file or facsimila transmission) of an ori�inal signature, or si�natures electranically inserted via software such as Adobe Si�n. 33. EnEireEv of A�ree�en�. This Agreein�nt, inclE�ding all attac�nents and ea�hibits, contains the entire understatiding and agreem�ent between City and Vendor, theix assigns and successors in interest, as �o the inatters contained herein. Any prior or conteanporaneous oral ax writien agreement is hereby decla�•ed null and �oid to the extent in conilict with any provision of this Ag1•eement. [SIGNATi1R�+ �'AG� TU ROLLOWJ Vendor Serviees Agreement Page IO of 25 IN WIINESS WHEEREOF, the parties heretn have executed this A�eement iu multiples. ��� ���� � �� ••� � �;' �� � �. '�I���t'�r • ...-6:�'�a�'' C1TY OF �O�tx WUR�'H: Dc�'nq Burqhcia�f �y. oanan�+snannl���sz.xnzx�Y.oacvy7 Nama: Dana Biughdoff 1�tte: Assistaat City Manager APPRUVAL R�COMME'iVDEA: Stcve �o �Xe(Julkz.20�14:�7Co7� �: Steve Cooke : 1'raperty 1vlanagementDireetox . ��+�-�- trame ,_"" '�'it�e: ette S. Gaodall $ecretary CONTRAC'i' CO�.renrCE 14lANAGER: By signmg i acl�usviedge that � am the person responsa�le forthe monitnring and administra�on of this ct3ntract, iaalntimg ensnreng all petformance �►d rep or[ing res�rirementk � silril4 ff c�2GU't�Y � �n Name: Alan 5hmror Tit�e: AssistantDgectnr, General5erviaes APPROVED A5 �'U �C1RM AND ��GA�.TTY: $�; thr�s�opncrnJscr��I�vizz,iaazii:i9eoT1 Nazne; ILiahard McCrackers 'iifle: 5r. Assistant City Attomsy Sect. Qtief COl►3TRAG� AT3TAORiZATXON_ M&C: 22-4d49 Form 1295_202�8&7U74 'VENDOIi: GrapevirteDCl,%�C ,� By: Name: ' 'iZ�C�td TitIe: i ��"�t+'�t!-� b� � Date: (g �7.� � � I - _:y[,11�� ���.��� ��� ��e������ — _---- _ T� — j '*- Vendor Services Ageement ' Pae� lY of25 EXH 03IT A SCbPE O�+ SERVICES 1. The Property Management Depariment (PMD) shall utilize this Agreement for service repairs maintenance and purchase af parts for a v�.riaty of h0auy duty vehicles, lawn, and znarine equipment in the City's fleet, on an as needed basis. 2. Following tlZe award addi�iona] services of the same general category that could I�ava been encompassed in the awa�'d of this Ageement, and that are not ala•eady on the Agreement, may be added in writing if mutually agreed Uy the Vendor and City. 3. Unit price� shall include all eosts assaciated with tIie speeified wark, including but not limited to handling, delivery, fuel charges, fees and certifaca#ions fees. No additional charges will t�e accepted ar paid hy Yhe City. 4. All items supplied resulting from this bid sha11 be of recent productiqn, un�sed, and suitable for their intended purpose. 5. VENDOR RESPONSIBILTIES 5.1. Vendors shalt provide pricing an parts and labor for the servic�s and a list of brands pra�ided or� the attached Bid Solicitation pag�s of �his ITB. 5.2. Vendor shall provide unit prices far listed items. LTnit prices shall include aIl ass.nciated costs unless specified in ��ibit B, not liznitad to delivery, fuel and handling charges. Na additional charges will be accepted or paid by the Gity. 5,2.I.The City will ensure that �ehicles wiI1 have a minimutn ofi a quarter (114} tank of fuel when dropped aff for service. 5.3. Vendors may charge azi hourly nan-warranty Iabor rate per service, a cost plus (+) for parts, a diagr�ostic fee (detailed out}, and any applicable transportation fees, if any, as indicated on Exhibit B. There at•e no guarantees the City vri11 accept or held financially or Iia61e for eosts outside of labor and inaterials/ parts unless specified on Exhibit B. 5.4. Vendors shall provide documentation an their personnel auf.horized to perforin work on City vel�icles and equipment. This includes alI certificatio.ns, such as the National ir�stitute for tl,utomotive Sarvice Excellence (ASE} or Manufactarer required training, which qualifies the vendar ta perform said work. AI1 Iicenses, permits, insurance and ariy other dacumentation tlzat is requirad by local, state andlor federal ag�ncies at•e to be maintained during the term of this contract. 5.5. Vendors sl�all be authorized ta diagnose, repair and service vehicles and equipment for tl� City's Heavy duty fleet. 5.6. Vendors shal] perform work using the most up to date and appropriate nrzethods avaiIable far said work under industry standards, This includes, but is not limited to, all suitable repair equipment and parts to insure the satasfacto:ry execiitian of any repair or installation. 5.7. Vendors shall respond and supply requested materials or services requu'ed during regular business hours within the response tinn� {DELIVER� from receipt of request per se�tion 6.0 or less including shipinent by mut�zal agrcement fortn the tizne original request is made. 5.8. Vendars shall provide the City priority ser�ice, as inany City v�l�icles are utilized for public safet� and emergency response. Expeditious turn-around is critical to City operations. Additional fees fpr pr[ority services are prohibited. 5. I30URS 6. 3. Vendors shall respond to a work order within 24 haurs of notification. 6.2. Vendors sk�all deliver completed vehicles to the FIeet Service Genter, Monday through Friday l�etween 7:30 a.m. — 9:3q p.m. unless expressly authorized by the Fleet Service Center Super�isor{s) or tlieir designea. Any deviation from this ti.meframe shali require written approval from the Fl�et Sereice Center Supervisor(s) or their designee. 7. AFTER HOURS '1.1. Af�ar l�ours s11aIS be cor�sidered from Friday at 9:31 prn through Monday at 6:59 am, holidays and weekends. S. PARTS 8.1. All parts utilized in repairs, replacements or installations on City vehicles and equiprnent mtiist be new unless otherwise requested by PMD F1eet personnel. Any rebuiIt or remanufactured parts can be considered but must 6e approved in writing by City PMD Fl�et personnei prior to being utilized by a vendor. 8.2. Vendor shall warranty all work and products supplied Eander this Agreemant against any defects in design, workmanship, materials and failure to operate satisfactorily. Each product shall ha constructed to tl�e highest industry standards. Products manufactured of paor workmansiiip wiIl not be accepted. 8.3. The City resez'^ves the t-�ght io supply parts as the City determines is necessary_ 8.4. Vendor may charge a cost plus (+) for parts as indicated an E�ibit B. There are no guarantees the City will accept or held iinancia3Iy or liahle for costs outside of labor and materials/ parts unless specified on Exhibit B 9. INV�NTORY OF ASSETS 9.1. Assets tkzat may need repairs and services but are nat Iimited to, the inven�ory listed below; iTp to 3,U00 on-road and 1�,600 off -raad vehicles and equipment including, but not limited to: Types of EquKpmen� Manufactarers Fire Trucks Dump Trucks AIlison M��, Heavy-Duty Trailers Bucket A1tec Mercedes/ Sprinter Trucics Off Road Equipment Artic Cat Meritor Transfer Trucks Aquatech Metro Motor Homes Fuel �'rucks Water Bendix Mitsubishi Tankers Container Trucks Big Tex Muncie Sewer Equipmertt BMW NatianaI Crane Champion Naw Holland and other related types of Chevy Nissan equipmeni over 1 ton Cummins Onan Generatnrs Custom- Cluis Trim Peterbilt Custom- Lawhon Fierce — Fire Apparatus Custom- Tominy Gate Pioneer Custam- Youngs Pipeh�anterf 7eteye Delta Rigging Progard Detroit RQM Corp Dodge Rosenbauer Doosan �p�an Duetz Spiizli8 Eaton Sterling �-One Tennant Ford Terex Frelghiliner Texas Steer Honda Tayota Hyundai Tracker International Twister Interstate Trailers Vac-Con YS�� '�actor JCB V�rn.eer Jeep Versalift �� Volvo Jol�n Deere—Green (AG) WABCO Kawaski Waeker Kenworth Wheten Kobelco Yamaha I{TM Zodiac Kubota and other reIaied Mack manufacturers ovet• 1 tan M&D City �ecretary Cantract No. 10. ESTIIVIATES 1 Q.1. Vendors will be requirad to pro�ide written estimates to Fleet Serviee Center Supervisors or designee personnel before the start of any wark. The estimates may be emailed to the Fleet Servi.ce Cent�r Supervisors or designee who requested ihe services to be completed. I 0.2. If during ihe course of the originally estirnated repairs, it is noted fhai further repai.rs wilS be needed, a re�ised estimate must be prepared by Vendors £or the additional work. 10.3. Estimates pravidad by vendors shall sYate `Warranty Service' if City vehicles or equigment will b� serviced for warranty work. 10,4. Warranty and billable repairs shaI3 be on separate estimate(s) / invoicing in ALL cases. 10.5. Vendors shall send con�rmation and a cost estimate to the Fleet Service Center Supervisor(s) or designee within 24 ttours of receiving a list af �quipment for inspec�ion and testing. 10.6. Vendor shall identify the rEpair direction and slaall email ari estimate �vith speeific details af the repairs needed regardless of warranty or non-warranty 10.7. All estimates provided by vendors wijl be quated on a`time and materials' basis, adherence ta the agreed upon con�'act rate(s) and itemized to il�ustrate the cost of each of the foIlowing, if applicable to the servic� or work performed: 1D.7.1. Estimates shall inciude number of and cost of part(s) to be installed. 10.7.2. Estimates sha11 include cost of labor to perform repair and/ar installatinn; itemized by number of labor hours per labor line. 10.7.3. Estimates shal� include itemized inspection/diagnostic fees. 10.7.4. Transportation fees, if any, for pick-up or delivery. 10.7.5. Miscellaneovs shap fees wilI not be a�lowed. This should be considered when bidding applicable casfis in the othar time and materials categaries. ID.7.6. Travel charges for mobile seivices will only be considered if incIuded in E�ibit B and should be itemized. 10.8. Final invoices submitted to the City for woek performed should always matcl� the fmai estimate received and approved by the City. All revised estimates must be approved in vvriting prior to billing. 1 Q.9. Fleet Service Center Supervisors or designee will pt-ovida written authorization and a Purchase Order (PO) to praceed with the inspection and testing or repairs afier evaluating the estimate. Vendors are not authorized to p�'oceed with inspection, testing or repairs based on verbal autharizations and assumes all liability and responsihility for inspection, and testing perfflrmed based on sLtch verbal authoz'izations. 10.10. PMD Fleet shall issue a purchase order for billable repairs arid sent to the vendox' via email. Repairs ara NOT to be p�rformed unti! a purchase order has been issued and providad to the Vendor from PMD Fleet Division. This ensur�s proper tracking and docunaentation are in place for tl�e Vendor and the City 10.11. Fleet shall create necessary work arder for tracking. 1 Q.12. Fleet staff shall document the appraval and shall update the wark order de�aiIin� all communications and repairs with denial or approval inlFormation. I0.13. Vendor shall be notified, via email, of repairs needed andl4r diagnosis fro�n Fleet. Vendor Services Agreemenf Page 15 of 25 Grapevir're DCJ, LLC 11. INVOICING REQUXREMENTS 11.1. Tl�e City of Fort Warth has begun implementing an automated invoicing system. 11.2. The Vendor shall send invoices electronically to our centralized Accounts Payable depa�l:ment invoice email add�•ess: su�plierinvoices�3a fortworihiexas.gov. This ernail address is not monitored so please do not send correspqndence to this einail address. The sole purpose of the supplier invoices einail address is ta receipt a.nd process supplier inr�olces. 1 i.3. Please include the following an the subject line of yaur e-mail: �endor nar�e, invoice number, and FO number, separated by an underscore (e�: E�arrtple, Inc._12,3456 FW013-0000001234) 11.4. To ensure the systetz� can successfi.illy process your invaice in an expedient naanner, please adhere to the follawing �•equirements: 11.4.1. All invoices znust be either a 1'DF or TIFF format. 11.4.2. Jmage quality must be at Ieast 300 DPI (dots per inch). 11.4.3. Invoices must be sent as an attacIunent (i.e. na znvoice in the body of the email). I 1.4.4. One inwoice per attaclunent (includes PDFs). Multip�e attachments per email is acceptable but each invoice must be a s�parate at�ac�unent. 11.4.5. Please do not send h�-idwritten invoices or invoices that contain handwritten notes. 11.�.b. Dot matrix invoice format is not accepted. 11.4.7. The invoice must cantain the following information: 11.4.7.1. 11.4.7.2. 11.4.7.3. 1J.4.7.4. 11.4.7.5. ll .4.7.6. Supplier Nama and Address; Reinit to Supplier Name and Address, if dlfferent; Applicable City Depariment business uz�it# {i.e. FViW013) Compl�te City of Fort Worth PO n.uinber (i.e, the PO numbez' must contain aIl preceding zeros}; Invoice nutnber; Tnvoice date; and 11,5. Invoices s1lou�d be submitted after delivery of the goods or serr�ices.. 11.6, To prevent invoice processzng d�iays, please do not send invoices by mail and email and pl.ease da not send the same invozce mo�'e than once by emaiI to su lierinvoices fortworthtexas. ov. To check on the status of art invoice, please contact tJ1e City Department ordering the goods/services or the Central Accounts Payable Depa��hnent by etnail at; ZZ F1N AccountsPa able fortworthtexas. ov. 11.7. If you are unable to send yo��r in�oiee as o�ztlined ahove at this tiine, please send your invaice to our cent�alized Aecounts Payable department instead of direetly to the individual city depai�ment. This will allaw the city staffio digitize the inVoice for faster proeessing, 11,8. If electronic invoicing is not possible, you znay send your paper invoice to: Cify ofFort Worth, Attn: FMS Cen�ral Accounts Payable, 200 Te�s Street, Fort Wor�h, Texas, 76102 11.9. 'I'he City's goal is to receive �00% af invoices electronically so that all supplier payments are processed ef�'iciently. To achieve this goal, we need the Vendor's support. 11.1 Q. If Vendor has any questions, please contact the Accourits Payable team at (8I7) 392-2451 or by email to ZZ P1N AccaunfsPa able fortwoi�Yhtexas. ov. Vez�dor Services A.greement Grape�ine DCJ, LI,C Page 16 of �5 11.11. Vendor shall not inc1ude Pederai, State ai City sales taa in its in�ozces. City s.ha11 furnish a t� exeinption certific�te Lipon Vendor's request. 12. HAZARDOIIS C4NDITIONS 12.1. The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City praperty. 13. UNIT PRICE ADNSTMENT 13.1. The Unit prices may be acijusted for increases or decreases in Vendor's cost during the renewal perrod bu# before the effective daie of the renewal �jpon written requ.est frorn the Vandor. 13.�. The Vendor must submit its price adjustment reyuest, in writing, at least 60 days befare the renawai efFec�ive period. The Vendor shall pror�ide written proof of cost increases with price adjustmeni request. 13.3. If the City concludes that Yl�e rate increase being requested is exorhitani, the City reserves the righY to adjust the rate request, ar reject the rate request in its entirety and allow the eontract to expire at the end of ihe contxact term. If the City eleets not to exercise the renewal optinn, the Purchasing Division will issue a new solicitation. 13.4. �'rices bid sha11 remain iirm for each one-year term of the Agreement and shall include a11 associafed freight �d delivery cos�s. 13.�. Prices offered si�all be used for bid analysis and for Agreement pricing. In casEs of errors in e�ensions or totaSs., the unit prices offered wi.11 govern. 13.G. Upon expiration af tne Agreement term the succ.essful bidder, ag:rees to haid c�ver under the ierms and canditians of tizis Ap;�`eement for a reasanable period af time to a1jQw the city to re-bid an agreement, not to exceed ainety {90) days. Vendor will be r�imbursed for this service at the prior agreement rata(s}. Vendar shall remain obligated to the City under aII clauses afthis Agreement that e�ressly or by their nature ��tends beyond and survives ihe expiration or termination of this Agreement. 13.'�. Goods andlor services shall not be suspended by the Vendor without a 30 day priQr written notice to the City. 1�l. PERFORMANCE 14.1. FaiIure af the City to insist in an.y one ar more instances upon performance of any of the terms and conditions of this Agreement shaII not be canstrued as a wai�er or relinquishnnent of the future performance of any terrns and conditions, but the Vendar's obligation with respect to such performance sha3l cantinue in f�ll force and effect. 15. COMPLAINTS 151. Complaints processed thraugh the City Purchasing Division are to be corrected within fourteen (14) days of farmal notice of complaint. Written response ta the Furchasing Division is required. 15.2. Failure to praperly resolve complaints �ithin the fourteen (14) caler�dar day time period may result in the cancellati�n of tl�e applicable line item(s) in the price agreement. 1G. CONTRACT r�DMINISTRATION 16.1. Contract adminis�'ation will he perfarined by the City Department. In the event the Vendor fails to perform according to the t�rms of the ag�•eement, The Department head or his/her designee will nvtify the Vendor, in writing, of its failures. A meeting may he a�'canged to discuss the Vendor's def ciencies. A written cure notice may be prepared giving the Vendor 14 calendar days to eure any deficiency. Vandor Services Agreement Grap�vine DCJ, LI,C Page 17 af 25 16.2. In the event the Vendor continues with unsat[sfactoiy performance, the department will promptly notify the Purchasing Manager who will take appropriate action Yo cure the performance problem{s), which could include cancellation, terznination for canvenience or default. If the agreement is terminated fot• default, the Vendaz znay be held liable for excess cost. 16.3. Tha Vendor will be paid orily tlzose surns due and owing under the agreement for services satist'actnriIy r�ndered. 16.4. The City reserves the right to terminata t11is agreement, or any part hereaf, for its sole convenience. In the event of such termination, the Vendor shall imm.ediately stop aI1 work hereunder and shall iinmediately cause at�y and all of its suppliers and subVendors to cease work. Subject io the terms of this agreement, the Vendar shall be paid a percentage af the agreement priee reflecting the percentage of the work performed prior to the notice of tet'mination, plus reasonable charges tkle Vendar can cEemonstrate to the satisfaction af the City using iis standard record l�eeping system, have resulted from Y11� tertninatian. However, in no event shall the total of all atnounts paid to the Vendar exceed the agreement price, The Vendor shall not be reiinbursed far any profits whieh inay have been anticipated, but which have not been earned up to tha date of terminatio.n. Vendor Services Agr�einent Grapevine DCJ, LLC Page 18 of 2� City 5ecretary Contract No. EXHIBIT B YAYMENT SCHEDULE '� TV�URi ��d' ��L��a����N��i �v�ntll] Pspr Inviled; PUBLfCE31ENTDFT:�ILS cr�v¢ti4az-pa�� _ . � �..,..,.M;:rrr� V�rslnn .... .i. --- — ��npnl �lart7d ���i �.,..� �i�� R 9C�.�:�}d 5� vicm fisariTium-' !��i<++.r;�• � SubmltTa: CftyafFoll4Yarth i i+, -, `n ��_i.::� =�: i. i�'� �,';5�r.� � i r�: ve:� ^s:' F11VdN1ClAL141ANAG�hi�NTS�I�VIGES " `— FINlWGE-P41rCh&sfrt�] 200 Te�cas S�. {Latit2r Leve�, Sauih} Fort Vklr,rth �`3C 76942 Unike� �ta1e� Email: Kf�#SPurehasingRespanses�foetwatthtexas.�ov Lln&: 1 dc�aAp��n= _ �z_4ry Unii UnitPilco _ _ Tot@1._ Ria�nosilr�Evaluatia�l �e8 1(S€10.110 EA - ��� _.�` �� � �€�,$, a oescrlption: 0,{y___ _ lJnit �'.[�llPric� Yola! 5?x�p Haurly Rafe, ta�n-Fd 7:�4 �m •9:s0 pm - 4oda.do E-IR ' •� � t"��Y Lin�: 3 0 sn�r�.l�OIS: Q13! llnit U�itP�ce TMS�: � 1-Ibudy Fiek! RaFe. 6{on.—Fn 7:90 am -�;54 pm — .00S.� htf� � —_� 1 � _ � �'b ��€ Lfina; 4 �k���lki��n: _ _t,�ty UniE _UnitPcice To�al Trarsspnrr�tfnn F�e (PICR•up B 1?�Iluury 3�:b�1 ��k � Incfnsn�¢jif��{icahl�,R�undTrip I ��� � � j�[,y L � � LIne: � C)esc'o�pti.nn: -- [�ty U� UnilRrleQ Tntaf, � AffVati89n �rtd Th'fnSmfSsihn Repairs Drivetrain {CIut�Aar�mbly. i•lynhecd, oto) t4p8.OQ tiR ___ I�bn•Warronly hnurly la6os raEe {1 Tae 8 4ver; y � � f y{� � IndwJing Spec�ekp� & b!i f�op�D �quiprs�ent) � _.I �-� LEae: fi Oe�ripl€4n: Ttansmissfon {Msln, 7rans arC� as'�a, ChBin �ru! FlnslCSr;vC�J N4n•Vdatrarst}�fin�ly IahorreW [t Ton & Ovar, lnciuURng 9pEduttyt; 4ff•Ro�d �a wpmon�) Qly Un{l UnitPrice �oan.aa tiR I ��i Line: 7 4?scri��ion: 41 t1Ri� Engirx Re�ialrs Engf�r� Analysie �ksh-14Rarranty 14(+i+i�,Eip 1�iR hourlp l��T ratw {t Ton & p+rer,lncluCing $Pe�lafty & O11•Raatl EQvipmentj I,in�, 8 Desorintianc _ ._.4�y_. _. Vrlit_ �iy�ri�l f�ilt�malodGansca�or, BaEi�ry, Ignllbn. Li�hts, etc} Ivon•Warranly haoudy 99�.OU MR la@t+FF rdte (1 Tan & pver tnclud(n9 Spedally t� Off.FCo�d �Gu4prtwnl} UnliPdce _. �� TbtaE E � � �_ f ���� u�lp�r,g ___ Total� (�_���� �r �.�f�� IT8 22-0017 Heavy l5uly Repc33r arttl S�r'uiqeS �sga 3 ai 52 Vendor 5ervices Agreement Page 19 of 25 EXHIBIT B PAYMENT SCHEDUL� �c3icE'V�o��` . �l� ���I�ii��l�� �ventl6 -- Pa1m Irtvltcd: PIJ�LIC EVEM1iiG7�Tl.tILS CbYJ4.l��2-Gsil'f 6uent l�ound y�,�g��n — �..__�_-. 1 EStent f+�am�e � -'— . �'L� 20a-ry :Si.-'�,.�',y._�.�5},A ' a�id Sr.��ic�c �&tart Time Finitifi 71m� � 8ubmiE i'o: �i� af Fort Gvorlri . 2 is�z_n2� oa:o•a::,�.s cs- g�,.fG��l�.�?a :�_:3��,�� cs� FI Ai51CI.AL�rifu�AGEM�N�S�RV'I�F_5 �INA�10E - Purch�gir�p 290 7�xas �t. Lrnver Lcvcl. Sauth} �4re �vo�er, rx�ie�oz ll'Y�It�;d SiatEa ���all, �MS�urchssingRespo€raos(�f�5rYvlc�rihiexas.gou Line, 9 �esorip�ion:--- C�ey i,filit UnitPrlae I'otver Plant (Engme, BEltS, ktietl5. 1C7[�k�. � - — Tat�l ReCulldln�, r�9c.y NAn-War�anty haur�y lahar BUQ.d4 I IR �aatQ (1 Tvn � pver, Inclualnp S�ic�ialq� & Off'-RuuU ��uipmantJ �.ftac. 'Ip Ueseriatimrt� � Un[t �xh8V314nd Ch7iSsionS'F2e{rairs i�s inelude �PF _" _ . and 8CR Cieaning n Exha�ls,( ;3y,fi€0rfl 71ain1enancg BndFTe��aisNonrWarrantyluourl}�[a6orr3tcsl1 gpf},qp HR T�.? (Trer; Inciu�lryg SRe�i�l4y � 01T-Road ��u���,s� I�Pna� 11 Descrlr+tfunc Q U��It Fuel SFsl�m Mainlcnance and �.spair 6 O:pA I�IR Non-Y1'arcae,ty hus�r�u le0ar rasEe (1 7qn ¢, t}ygr; Inc[uding Spce��ylly �L 6(F R�ead Eq�dpment} L:�Ga: 1 � � l�5 ] Lll���>-� _ UnitPr(ce TQS�1_ ��� �.� Un11Pr6ca I o tr •�, � � � �� _ �� —tL�tT I rcfa�_ � —�.� ��. a►Ip�Fen:�__ _ _-��5—__3l.11iD tlnitl�riee Tvtal Goner.tl Vaialdg Rapa�r (5#rring, t,1�sc.j Av���n€!� and [31h�r Par�ong�sr Vat�ctes Mo€ni�nom {hlat Othen4i� ����giF,�d) 2i104_Ot3 HR hr�n-1N�r�anlyl�owly labor rale (1 Tan �. t�r; - fnd�din� 5pacialty$ d�F-Roett ��Ipnr�ntj ��� I� a� �/ f r, 4�. Line. f3 DeseriA.W�fI.; ._..�b Llnit_ 4/Gt13P�'.ice Ta�al Cuslamizing 5eivi�es. V�.'�IEie {In�iudlny� ' . -� Arrn�osing aftilehlcles, Fi�nd'sC2pp�rd p�red Van �Canvxit3ians, etc) Nan-W'errsnlY hGurry i�bcr 20[i.0� Hi{ eate (t 7on � Dver, �nclu�n� Spacl�31} � Otf-32agd �qcipmenej Line= 14 C]e�4ceipiaUn� _QSy Unf[ �G�nera! hfalnren�nca anG Rupe(r,.+Te�FiFcl� ([yni t7tt�t�nclss Cfassifed} m Inciu4� Ue7 Chang[�s, ancu.o� HE2 Lubricailon, et� ti Ya� d Oa�cr, lnaluding Sueoialty & �!�.�aad L'q�ipmantj. Line: 9 � [i { - ��� _l UnitPrics � -7 � _ cs„cr� �n. _ Q�_._. Vnit _ T�41i�P�ico ,4ulomaRi�� l.factslne $hvp �C�rvi�as N(xt'APdrraniy 9Q0.0p HR F Wurly L:abrr*Raca (h Ton g Au�r In¢#uding � - Speclany & 4ff•Raad Equ[�menty I L( �y l.irt�t S�+ ' -- desorip[iam. i]i� L3�it_._ IfnitPraca Tralle: MainsQs�anca and Repair(Atal �Diiieiu,lgyr GlassiherJa Nan-Vd�rrr2nfy ho�c�9y labor ra[� (1 ry�p.p� W� Tan �, Ow�� Includirig sp�:ialty& dff.Raad . - � Eqvlpmen[j . � `_{_�� ITB ad-o4iT HoflYy Daty Rdpe::r anci 5erviccs Ps*�e 4 oi.52 Vendor Services Agreement Grape�ine DCJ, LLC j rx��r�� �r Tuta! __ _ [��1 �� c�=� TaFnL.--- --- 9 �O'� __ _ Tataf _. !�_s� r �� ��.� Page 20 of �S EXHIBIT B PAYMENT �CHEDULE v .�.run�r� ��''"" �!� �t�LI�I�Ail�fi� : Event id 'V -- ' T Payal I�vitod: PUBLIG �VENT OE7f1fLS --^,_zz-anz7 —... .. _.....� - N'antROUnd 4ar6inq i Evam H��m � _ 'I.sr� F , .:r ar�.l w•�-�1�-= [ Sie�i 1�'m� ... Fin4h: �'�� Suhmii To: Ciky a! Forl Worllti � i?�+�., __ ...1:�_ n1n � ��7" ^^T FMANC1AiMANAGEtu1ENTS�FtViGES ' ' F Ih[ANCE - Purcitas€ng 200 T�xas St, fLawer i,avel, 9ouShj �p� Wolih TX i6102 Un�ted StaRes Empil_ Fh4SPi�rd�aaingRasporses�faatw�rrthtaxas.gav LIRO: 97 D,qscripf[an: �t.SL� �1F111. irutk an� Van oA2Unitnanto as�d Itepafr (Not 41hB�vsl6e Ci�651fi913) NMf�Y�'pnd4iy POully 4500.UA F[f� iatior rate {1 Tpn & 4ver, IncfudEng Spemel�y $ Otf•Road fqvipan8nl) �In4; 18 D£�i��?n�.A,..._._.. ------� a!y__ Unit Temparature Repek - AIG, Fleotar. Radlntc+r. Vantflation, e1c. CooSng, FSea€inq, and Vont�k�ttng syatom (AiC Sys�2m, �toaes, Water pump, RedF�lor, Healer & Aeces8aria5, 1000•�4 hSFt VHliilalbrt, elCj {i TCA 8 01�e�; Includ��ng SpCclatry E tlN•Raad Equipmeptf Lirie� [8 _UnitPrioa _.,,_ Tatal i�a__—. ,Unilpr�cn _ E ` � � i5 _�, a cr€ tiv Einit LInFiPr[r�.._ vehkta R�, Spsake�s, hlaintenance and u'� Ropn� , inel�ding.spr�cla�y a oPf-Ftoatl 50{3.00 HR EquipmQnC HOurty L2Gor Ra1a (! %n 8 Over; Iact�rJing SpeoatsylE OK�Road [au3G�onSj I.Ene• 20 l7t�oriptianT QtY.. ..— u'�'i- — RtSf4fifiif7Qtil#h1CIG9IIFfifnUc¢�{mr-.7nnd 70�,i3A ��i12 ImpraveAi� Quetity 11at rrw �rw F�-�•� � over, InqlueHngSpednllgl� t'iu-l+ami Lins: 2S �1�sErl ll�on:_---- C}4Y. Unit .._ Nr'hesl, Allgnmanl. Sp3AM+s�vn, F{cu� �r�tl, ESt.� 12d�A6 HR Repaa �3gnrrtent and Wheel BaWncEng (InCludlr� Fraat-Ers� Repaifj flAt fate (ea Line� 2� @&CN i1611_._.:..�..,..-,., � iyty_ �R�1 S�sporisinn (Ax�a�. Spr€nge, Sle9qng. aioi�---- szao.�a HH tln1 rnlelc� (1 Tpn 8(7ver, Inc(udsng SP�ait�tY � Off•Raatl �9�iRmenl) Lina: 23 og�eripl{oAi _4�Y_.._. _u[I� - - v�n',ee� aa�nanQ �'"�e� Foo aa�ff (i�ren a a�rer 1200_0o Na 3nclutflt� 5pet%alry 8 01%Raad �quipmea!! LEna: 2d p.4$Gtlg��lR;.� �LY—. _�nit-•-- 1Yhe211�ain12A�nCeandR9pairbou�lyLabur 4�0.00 HR Rate (1 7on � Over, InrWain4 SpeciaNy &. O�f�ittr�� �quipmon!) Tr, 1 u�i�rrt� __ t�J I �-�.'{ � �a3al_ - -- _�_ `:'#�� $ cs'n yMa� �� c?� � _:otal -` _. f� �'`fiL4 _ UnjtASic�. �.-- ----_a. 7GMI .. � � `? �` �1-LN.���. mm UniEPrtn � � __ YTt�t ��r4�+[t_G� _u�•�$ i�j llniiPrice , '�f . _ Ei8 22•Q317 keav}� �uly Ficgal� an4 8crvlcaa Pape S �f �2 r���i. I �-�����t�i _Yota1_----- _, �..{� �'�-� Vendor Services Agreement Grapevine DCJ, LLC Page �1 of 25 EXHIBIT B PAYMENT SCHEDULE h �,x ��t 3{, g��l ��L�l�i�AT1�N �von� Ib -- _ ' a. , . P�qa EY{1i¢i:oui�a Vxrnwn -- + � _ 1 Event Nama 1-�@__Hnzyy G.W�y�..R.@_��.�s 3n� y_r�ice Stert Tlme �inish 7 ima • � . ; i i0 .^„9T __....—"��_ . . . � . _ Lioe: 2G 0.5ui IFan. t Llni!_. ehiclo Recatdi�synin !Ro(urbi�hl 3a•riceg �� -"'� g '�9 1£14U_00 ��liR Nan-VJannnry HQur�y i.Ahpr 13nte (1 1'On �V, OvDr; includiag Spacwliy & Otf-R��d �qWp�ty Lih.:: 26 pRs�cefR�iQm ... __ : R�Y, ����I -- Perte- Cov1 pM1is (t? _-- _ .,���rtunL v! .. ' ru5flnv(ncttfrers Lls! Price' � �p�.pp E� I�Df+ly P.lark Vp porCvn3ags.Bld !n S3Q0.00 To qb�e5� r»orrea 5vm. �xr�mpae: aao x�aN� _�o: Lfne: 2T poscri _ian: —_ QtY Vne}.---_- HOSs Repu_rg and�nr 12eR�acornrr.�i {�londgy� - 336.L� HFi ---- Friddy 6QRvezn 7:3D 2.�tf,- g:30 p.rn#33's#fi�U to the neareat qGerler of �ha houf Line; 2$ D�stripflon=— . _ i��'- Gnl! Fiasa Rcpskrs pndfor RaplacemonE {ARer hparr, ;i,36.OD Mli FriJay at 9:31 p�n - hloriHay at G:59 am� gillad to �h� rcearest �ua�ter oi �he no„r Line: 29 C14Scription: ._��!._ Unit ARor kiours Fiejd Rata, �+rfv�•frt 7:Q8 am -9:3p 1a75.00 3iR �� L]na: 30 Descrlplion• �� ���� S'hop Hauny l.ahor R�ta. Af�ar Havr .. iA75.D4 HR lialldays. Nlecisantls Invited: PtJ9LIG E11E{�f�' f�E'TAILS Submit 70: Clty nf �an L40tth �'IF, �JJ CIAL MANAf3EM�hIT S FR'�fiCES rlNnt,�CE - Purchssing 1'aa T•+xes St (Lowar Lavel, 3authj F m � 1+�rorih 7X 7614Z tJnitqd States Em�il: Ft�€SPurotiasingRes4sanssb�}.�ortwa+thtexas.gov ..ilnitPcice ---' —'T9i#�!__ _ --� � -� 1� 5 ��,�i.,�. t VnitPHc�_. TgtaE i �-f � _ � �} ���� UnikPrice._ ,_ �O,;A1..�==__ I �t � + -E f�; �i� 4� `t ,�41L�J1G.� �� �� Uni�P�ca-- f � �r � __ UnlePrice 14 �i - Tol�al Btei nmour�S; Tota1 _ _ __ —u'Y'�c,�� - -�otaf i��� �� — __ Fatal_ � �'�W c��'� , f �#��'��� jGf A bid o!'0" (zero} wiil ba inletp�eEud �q �Ae Ciiy �as a na-chnrga (freay iF�am and (ha Glty vn;� nol tr%p@� W pay� !w ihat l9em. R olsi �f'np t�a" or no re:vpanK� E;�pnce �all b�ank) witl be tnterpeased hy thg Ciry tlsat Sha Off�ror dpGs nal �vieh lv bld en Ihat ilort7. 8e pdvlECd, a"no tritl" o� nb responsa «��y ha considered ay nan•re,spanyrve ra�e may resvii in �disqualiffcatiory of Ehs bid. fT6 22-q077 HOmvy G�ifyliepsv An0 SCrwitt5 �. n 5 ti Vendor Services Agreement Grape�ine DCJ, LI,C Page �� af 2� EXHIBIT C CITY'S RFP Nv. 2�-Oal'� (RFP Na. 22-0017, Pages Follow) Vendor Services Agreement Grapevitae DCJ, LLC Page 2,3 of �5 FORT WORTH� ����� ���� GVS[ii IU c�wai-zz- E�ent RoUr Start Time 1zIz5/zn version Rage� Invited: PUBLICEV�NTDE7AILS Finish Time 5ubmit To: City of Fort Worth oi o6 aoza i3 :30 : oo cs� FINANCIAL MANAGEMElV7 SERV[C�S F'I�EANCE - Purchasing 200 7exas St. (Lower Level, 5outh} Fort Worth TX 76102 United 5tates �mail: FMSPurci�asingResponses@forkwa�thtexas.gov �vent Description The City af Fort Worth (Ci#y) seeks bids ta finatize an annual agreement with muitiple v�ndors for repair seruices fo� C�iy owned heavy duty vehicles and equipmen# and to establish an Ar�nual Agreer�ent #o provide Original Equipment Manufacturer (OEMj Authorized Service Faciliftes for the Property Management Oepartment (PMD) on an as needed as specifled in Ei�is In�itation tv Bid (ITB.) %rms & Conditions Afl companies/'md�vid�als wishing to do business with the City of Fo�t Worth must register as a Bidder on the People5oft SupAfier Po�tal. Please visit https:ll+mww.fartworthtexas.gov/departmentslfinancelpurchasinglregister fpr more informatian. Assigned Suyer: Ashley Kadva There will be a pre-proposal conference held on December 23, 2021 at 2:OD PM Location: City Hall 2a0 Texas St Room 3$D, 3rd Floor Fart Worth, Texas 76102 Bids are salicifed for furnishing the merchandise, supplies, serviees and/or equipment as set forth in this scaEicita#ion. Completed Bids including orre executed original and one USB flasn dri�e containing electronic versions of all bid documents mustbe recei�ed in the Purchasing Division by 1:30 P.M., December 1fi, 2021, and then publiciy opened and read alaud at 2:00 A.M, in the Council Chambers. Bids must be submitted in a sealed envefope WITH TH� BfD NUMBER WR1TTEiV QN THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR Blb MUST BE R�CEIVED BY TH� PiJRCHASING OFFECE AND T1ME STAMPEb PRfOR TO TH� 1:30 �EADLINE IN OR�ER TO BE CQiV51DERED. Bids shall be mailed or hand deli�ered to the follawing address: City of Fort Worth, Purchasing pi�is'son, Lower Level, City Hall, 20D Texas Street, Fort Worth, Texas 76102 Bids delivered by special courier (i.e. Federal Express, 5pecial �elivery etc.) are to be marked on the outside of the courier's shipping envelope "BID No. 22-OD17, ITB - FEeavy Duty Repair and 5ervice" A�D MUST B� R�CEIVED BY 7HE PURCWASING OFF[CE AND 71ME STAMP�D PRIOR TO THE 1:30 DEADLIEVE fN ORDER TO BE CON5IDEREp, Late bids wili be returned or d�stroyed; they wili nat be opened nor cor�sidered 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 af#er the official apening. The undarsigned agrees, if the bid is accepted, to furnish any and all items upon which prices are oCfered, at the price(s) and upon tt�e terms, conditians and scoFelspecifications contained in this document. The period for acceptance af this bid will be 92� calendar days af�er the bid opening date. 5olicitation Documents; 1.) Ca�er Page 2.) Bid 5ubmission Signature page** 3.) Bid Solicitatior�** 4.) Part 1 - Instructions 5.) Part 2 5cope of ServiceslSpecificatians 6.) Af�achmentA- Canflict af Interest Disclosure Requirement*" 7.) Aftachment B- Vendor's Contact Infarmation 8.) Aftachment C- Consideration of Locaiion of Bidder"s principal 8.) Attachmenf D- Reference 5heet 9.) AtEachment E- Detailed Scope of Serrrices Place of Business*�( if applicable) 9.) Attachrnent F- Draft Services Agreement, attached as a separate document "*Required to be completed and submEtted. See 5ection 14.2, Part 1 for all required documents that need to ba sut�mitted. Failure to submit all items wilf be grounds for rejection of a bid as non-responsive to the specifications. ITB 22-0617 Heavy Dufy Repalr and Services Page � of 52 FORT` WORTH� ��� �������0�� ��������� ���� Er�ent iD Rage e�wol--a2-oai� z Event Round Version 1 1 �vent Name ITS Hea Dut Re air and S�rvic� Start Time Finish Time J.2. ]5 2D2i OB:00:00 CST D1 4fi 2�22 13:30:Oa CST Invited: PUBLIC �VENT �ETAlLS Submit To: City oF Fort Worth FINANCIAL MA1�fAG�MENT S�F2VICE5 FINANCE - Purchasing 200 Texas St. (Lower Level, South) Fort Worth TX 76102 United States Er►�ail: FMSPurchasingResponses@foriworthtexas.gov The undersigned, by hislher signature, represents that helshe Is submiifing a binding offer and {s authorized to bind the respondent to fully comply wifh fhe solicitation document contalned herein. The Respondent, by submitting and signing belaw, acknawiedges thet helshe has rc:ceived and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by lhe terms therein. Legal Company Name: Company Address: Cily, 5tate, Zip: Vandor Reg[stration No. Printed Name of O�cer nr Authorized Representative: Title: Signalure of Qffieer or Authorized Representative: Email Address: Phnne Numher: Federal IcEentification Number (FID): Will agreement be available for Cooperati�e Agresment use? Yes^ No _ 17B 22-0017 Heavy Duty Repair and 5er+nces Page 2 of 52 F'o�T WoRrHm �Q� ��LICIT,����iV Eventl� Page c�wai-az-oa�.� 3 E�ent Round Version 1 1 Evant Name TTB Hea Dut Re air and Sextra.ce Start Time Fl.nlsh Time 12 15 2�21 OB:00:00 CST O1 06 2022 13n30;60 C8�' Email: FMSPurchasingResponses@fortworthtexas.gav Line: 1 bescription: Qty_ Unit UnitPrice Total �iagnostic/Eveluaiion F'ee 9000.nfl EA �� � J Line: 2 aescr[ tion: � U'nit UnitPrlce Tatal Shop Hourly Rate, Mon-Fri 7;DD am -9:3U pm 40aa.00 HR �� Llne: 3 �ascri tion: Qt Unit UnitPrice Total Hourly Fie�d RaTe, iNon-Fri 7:00 am -9:3Q prr� 4UD0.00 HR ' Llne: 4 �escri�fion: t Unit LlnitPrice Total Transportation Fee (Plck-�tp & �elivery 200.00 �A Inclusive) If appficable, Round Trip Line: 5 Descri tlan: Q Unit UnitPrlce Total Drivetrain and Transmission Rapairs Drivetrain (Clutch Assembly, Flywheel, etc) 1000.00 HR Non-Warranty hourly labor rate (1 7on & Qver; �� Including Specialty & Qff Road Equipment} Lfne: & Descrlption: Qtv Unit Unitprlce Tatal Transmisslon (Main, Transfer Case, Chain and Final �nves) Non-Warranty hourly la�or rate 1 a00.p0 HR (1 Ton & Over; Including Sp�cialty & afF-Road �� Equipment) L7ne: 7 b_e_scription; Qf lJnit UnitPrice 7qtal �ngine Repairs Engine Analysis Non-Warranty ip00,00 HR hourly labor rate (1 Ton & Over; Including Specialty & Off-Road Equipment? Lltle: 8 �lectrica� (Aiternator/Generator, Battery, Ignition, Lights, etc) Non-Warranty houriy labar rate (� Ton & Over; Including Specialty & Off-Raad Equipment) 900.40 HR In�ited: PUBLIC EVENT DETAILS Submit To: Ciiy of Fort Worth FINANCIAL MANACEMENT S�RVICES FINANCE - Purchasing 20Q Texas Si. (Lower Level, South) Fort Worth TX 76102 United States ITB 22-dQ17 H�avy Duty Repair and Services Page 3 of 52 FORT WORTHm Version Event I�ame Start iime 12/15/2021 08:90: �p� so�dc���io�n� nish 7ime In�9ted: PUBLIC EVENT p�TAILS 5uhmit To: Ciiy of Fort Worth FINANCIAL MANAG�MENT FINANCE - Purchasing 2D0 Texas 5t. (Lower Le�el, Fort Worth TX 761 D2 United States SEF2VICES South) �maif: FMSPurchasingResponses a�fortworthtexas.gov Line: S Power Piant (Engine, Se1ts, Heads, lrtlake, Rebuilding, etc.) IVon-Warranty hourly labor $OO.Od HR rate (� Ton & dver; Including 5pecialry & Off Road Equipment) Line: 10 descriptfan• Qtv Unit UnitPrice Total Exhaust and Emissions Repairs to include DPF and SCR Cleaning - Exhaust System Maintenance and Repair Non-Warranly haurly labor rate (1 8D0.00 HR Ton & aver; Including Specialtp 8� Off-Road Equipment) _ Line- 11 description: Qky Unit UnitPrice Total Fuel S�rstem Maintenance and Repair 60D.D� HR Non-Warranty houriy lal�ar rat� {1 Ton & Over; Including SpeciaEty & Off-F2oa.d Equipm�nt) Line: 12 Descripfion• Qtv Un9t UnitFrice Tatal _ Ceneral Vehide Repair (Spring, Misc.) Autamobile and Other Passenger Vehicles Maintenance (Not Olherwise Classified) 2000.00 HR Non-Warranty hourly la6or rate (1 Ton & Over; Vncluding Specialty & Off-Road Equipment) Lin�: 13 Customizing 5ervlce&, Vehicle (Including Armoring of Vehleles, Handicapped and Van Conversions, etc) Non-Warranty hour{y labor rate (1 %n & Over; Including Speciafty & Off-Road �quipmenl) 240.00 HR L[ne: 14 �escription: Qty llnit UnitPrlce Total Generel Maintenance and Repair, Vehicle (t�ot Dtherwise Classlfisd) to include Qil Changes, 20DO.OQ HR Lubrication, etc (1 Ton & bver; Including Specialty & OiF Road Equipment) Line: 15 Descriptian' 4tY Elnit UnitPrice Total Automntive h+iachine shop Senrices Non-Warranry 400,00 HR Hourly Labor f2ate {1 Ton & �ver; Including 5pecialty & �fF Road Equipment) Line: 16 �escriptfon: Qt Unit UnitNrlce Total Trailer Nlaintenance and Repair (IVot Otherwise CEassifed) Non-Warraniy houriy labor rate (1 700.00 HR Tan & Over; Including Speeialty & Off-Road �� �quipment} ITB 22-DU17 Heavy �uiy Repair ar�d Services Page 4 of 52 Fo�.x Wo��x� Evenila c�woa-zz-aor� �vent Round Version i z Event Name ITB HeaW Duty Rei�air and � Start Time zz/ss/aoai oe;oo:oo csr Line: 17 ]nvited: PLIBLIC EVEN7 bETAIL5 Finish Time Submit To; City of Fort llVorth pi/o6/zoz2 13 :30:OD csT F]NAIVCIAL MANAGEMENT SERVICES FiNANCE - Purchasing 200 Texas 5t. (Lower Le�el, SoutFi) Fort Worth TX 76102 United States Truck and Van Maintenance and Repair (Nai Otherwise Cfassified) Non-Warraniy hourly labor rate (1 Ton & Over; Including 5pecialfy & Off-Road Equipmen#) Line: 18 �BD S����Q�"AT��R.� 1500.00 }iR iemperature ltepair-AIC, Heater, Radiator, Ventilatlon, etc. Cooling, Heating, and Ventilating 5ystem (AIC Sys#em, Hoses, Water Pump, Radia#or, Heaier &Accessories, Ventilation, e#c) (1 Ton & Over; Incl�ding Specialty & �ff-Road Equipment) 10f}D.00 HR Email: FMSPurchasingResponses@fartworthtexas.gov Unitprice Total Lina: 19 Descri tion: Q Unit {3nitPrlce Total Vehicle Radio., 5peakers, Main#enance and Repair, inc[�ding specialty & Off-Road 500.00 HR �quipment Hourly Labor Rate� (1 Ton & Over; Including 5pecialiy & OFf-Road Equipmeni} Line: 20 Descri iion: t Unit linitPrice Toial Retrofitting Vehicles ta Reduce Emissfons & 700,OU HR � Improve Air 4uality flat rate fee (1 Tan & Qver; Including 5pecialfy & Oif Road Llne: 21 Uescrf tlan: Q Unit UnitPrice Total Wheel, Alignm�nl, SuSpension, Rear End, Etc. 120�.00 HR RepairAlignmen# and Wheei Balancing (Including Froni-End Repair} flat rate fee Line: 22 Qescrl tion: llnit UnitPrice Tutal 5uspension (f�xles, SprMgs, 5teering, eic) 120D.00 HR — fla# raie fee (1 Ton & Qver; fncluding 5peciaity & Off-Raad �qu�pmer�t) Line: 23 Descri tipn; t Unit UnitPrice Totaf Whee! Balancing Flai Fee Rate (1 Ton & pver; 120p.aQ HR Includirrg S�ecialfy & Off-Road Equipmenf) Line: 24 Descri tion: Q Unit UnitPrice Total Vlfheel Maintenance and Repair Hourly Labar 4D0.00 HR Rafe (1 Ton & Over, Including 5pecialty & Off-Road �quipmenf) ITB 22-0017 Heavy Duty Repair and Services Page 5 of 52 �ORT WORTHa �ventl� c�wai-2z--ooz� Eve.nt Raund Version 1 1 Event Name T2B H02:vy Duty 12epaii' 3nCl : 3tart Time �I� �����Q��4T��N Page In�ited: PUBLIC EIJENT DETAlLS Submit To: City of �ort Worth �INANCIAL MANAGEMENT SERVICES �INANCE - Purchasing 2D0 Texas Sk. (Lawer Le�el, South) Fort Wdrkn TX 761fl2 United States Email: FMSPurchasingResponses@fortworthtexas.gov Lina: 25 Descrtptfan: Qtv Llnit UnitPrice _ Total Vehicle Ftecanditioni�glReiurbishing Services 1dD0.4d HR lVon-Warranty Hourly Labor Rate {1 Ton & Over; Including 5pecialfy & Off Road �quipmenf) l.ine: 26 Dascri tion: Unit UnitPrice 7otal Parts- Cost Plus (�) percent of `Manufacturers List Price' 300.00 EA (Apply Mark Up Percentage Bid ta $300.00 To ObEain Correcl Sum. Example: 300 xiD°� = 30; - Line; 27 flescription: Qtv Unit UnitPrice Total Mose Repairs andlor Replacement (Monday - 336.D0 Hf2 Friday between 7:30 a.m,�- 9:30 p.m)Bil{ed to th� nearest quarier of the hour Line: 28 1]es�ri tion: Qf Unit _ UnitPrice Takai Hose Repairs andlor Replacement (After haurs 336.0� HR Friday at 9:31 pm - Monday at fi:59 am) �il{ed to the nearest quarter of the hour Line: 29 17escriptlon: i�tv Unit [1nitPrics Total After Hours Field Rate, Mon-Fri 7:Od am -9:30 1475.00 HR �� P� Line: 30 Shop Hourly Labor Rate, After Hours, 1475.00 NR Holidays, Weekends 7otal Bid Amount: A bid of "D" (zera} will be interpreted by the City as a no-charge (iree) Ilem and the City will nat expect to pay for that item. A bid of "na bid" or no respo.nse (space left blank) will be interpreted by the Cily that the Offeror does not wish to bid on fhat itern. Be advised, a"na bid" or no response may be aonsidered as non-respansive and may result in disq�alification of the 6id. ITB 22-DD17 Heavy Duty Repalr and 5ervices Page 6 of 52 PART -1 INSTRLIC�IONS 1.0 SOL.fCITATION 1.1 Re�iew of I]ocuments: Bidders are expected to sxamin� all documents that make up the 5o�icitation as well as any addendums. 8idders shall promptly notify tF�e Cify of any omission, ambiguity, inconsistency or errar that they may discover upon examinatian of the Solicitation by the deadline far questians listed in Section 2.0, Part 2. The City assumes no responsibility for any errors or misrepresenta#ions that result fram Bi�ders nat using the complet�d Soficitation doc�meni and addendums. 1.2 Lacatian of Documents: Solicitations are issued by the Pur�hasing Division. The location far the Purchasing ai�ision are specified in the advertisement and on the firsf page af the so]icitation. 2.0 EXPLANATIONS, CL,ARIFICATIONS OR QUESTION5 2.1 Any explanatian, clarificat�on, or quest�on desired by a Bidder regarding any part af the Solicitation must be requested in writing from tf�e Purchasing Di�ision by ihe question deadline listed in Section 2.0, Part 2, so that a written addendum can be posted before t�e submission deadline. Interpretations, corrections, or changes to the Salicitation made in any other manner are not pinding upon the City, and Bidders shall no# rely upon such interpretations, correct�ons or changes. �ral explanations or instructions given before the award of the Cantract are not binding. 2.2 IN ORDER F'OR QUES7fOf�S TO BE ANSWERED, ALL QUESTIQiVS MUST BE HANQ DELIV�RED OR SENT BY �-MAIL BEFOF�E THE QUESTION DEAD�.INE AND MUST 8E ID�NTIFIED AS FOLLOWS; 2.2.9 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 err�ail. For example: "Attention: Buyer name and Bid �Vo. XX-X�CX". If the bu e.r°s name and bid numberr is nof included as suecified abor►e,,the auestionisl wilf NDT be answered 2.2.2 Deli�ery af questions by: 2.2.2.1 Hand peliv�ry — Fort Vllorth City Hall, Purchasing Di�ision, Lower Level, 200 Texas Strest, Fart Warth Texa�, 76102, 2.2.2.2 Via �mail — FMSPurchasin Res onses fortworthtexas. o� 2.2.2,2.1 Pf�ase noie, if an e-mail eonfirmir�g recei�t of your e-mail is not recei�ed within 1(one} business day, please contact the Cify of Fort Wort� Purchasing at 817-392-2462. 2.3 Interpre#ations, corrections, or changes to the Solicitatian made in any other rr�anner are not binding upon the City, and 8idders shall not rely upon such interpretations, corrections or changes. Oral explanatians or instructivns given before the award of the Contract are not binding. 2.4 Any material information gi�en to one Bidder co�cerning a 5olicitation will be furnished by an Addendum posted on the Cify's website [ander the correspon�ing bid number. 3.b UI�AUTHQRIZED COiUIMIlN1CAT'IONS — Bidders' contact regarding this In�itafian to Bid (ITB) with employees or officfals of the City other #han the Purchasing Manager, the Business Equity Di�ision, ar as otherwise indicated in the ITB is prohibited and may resulf in disqualification from this procurement process. No officer, ernployee, agent or representative of the R�spondent shall ha�e any contact or ITB 22-0017 Heavy Duty Repair and 5enrices Page 7 of S2 discussian, verbal or writfen, with any members of the City Council, City siaff or Gity's consultants, ar directly or indirectly through others, seek to influence any City Council mem�er, City skaff, ar City's consultants regarding any matters pertaining ta this solicitation, excepf as herein provided. Any �iolation of this prohibition may result in �he Respondent being disqualified fram the procurem�nt process. Any oral communications are considered unofficial and nan-binding wi4h regard to this ITB. �.0 PR�BfD CON�gR�NC� — A pre-bid conference and site visit will be held ai 3:00 PM, Thursday, December 23, 2021 at City Hall, 200 Texas Street, Room 380, F�rt Worth, TX 76102. F'ailure ko attend the �re-bid conference will �mpact a potential Vendor's abifity to sui�mi# a fully informed and campetitive �id respor�se. 7o jain the Pre-bid Via Webex, please see Caver Page for de�ai{s. 5.0 PREI�A�A`�ION OF BIpS 5.1 Each Bidder must furnish all infarmation requir�d by the Solicitat�on in order to be e�aluated. �rices or Percent Markups submitted an other than the forms included in the 5olicitation shall be considered non-responsiwe, 5.2 Any attempt to alter the miording in the Solicifation is ineffecfive and will result in rejection of the Bid, 6.0 QUANTIT�5 - The quantities listed on the bid solicitation are only esfimat�s based on pre�ious usag� and do not indicate intent to purcha5e or a guarantee of future business. The City of Fort Workh is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted hy the City. 7.0 TAX�5 - Purchases af Goods or Services for City use are usually exem�t from Ci#y, State, and most Federal Taxes. Bids may not include exempfied taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the Ciiy be liable to pay taxes for which the City has an exemption under any Contract. S.0 DEFINITIONS 8.1 Brand Name or Equal: If the Solieiiatian indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" producf and must be prepared fo demonstrate those features that render it equal. �inal determination af a product as "equal" remains with the City. 8.2 �eiivery iime; Deli�ery time, if stated as a number af days, wiil be based on ealendar days. Time is of the essence in any City purchase. If the indicated date cannot be mei or the date is noi indicated, the Bidder shall state its bast delivery fime. 8.3 Free an Board (FO�) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Aflowed, 7his means the Vendor or 5hipper owns goods in tr'ansit and is liable far deli�ery to the point of destination. 8.3.1 The Vendor or Shipper is respansi6le for filing any claims v�rith fhe delivering carrier for breakage or other loss and for any damage resulking from transpartatian. 8.3.2 The Bidder should auote its lowest and best price, wiih the goods delivered to the place specified, at the Bidder's expense and risk, and their kender defivery to the City. 8.3.3 Bids offerin4 any other delivery terms are not acceptal�le and may be cause for�ec#ion. 9.0 PRICESJP�RC�NiACE 1111ARKUP 9.1 Bid prices and percentage markup {if applicable) shall be firm offers unless otherwise s�ecified. Pricing and percentage markup (if applicabie) shall be entered on the Bid Offer Sheet. 9.2 In the event of a discrepancy betwee� unit price and e�ended price, the unit price shall govern. ITB 22-OD17 Heavy quly Repair and Services Page 8 of 52 9,3 Prices shall be offered in the Dollars of the United 5tates of America (or decimal fractions ther�of�. 10.0 51GNAiUR� - The Bidder must pra�ide a we# signature on each docume�t in fhe Solicitafiion reauiring a signature. Any change made to the Bid must be initialed by the Bidd�r 1'1.0 PROPRIE7ARY IN�ORMAI"ION SUBMITTEp IN iHE BID 11.1 All rnaterial submitfied to the City becomes public proper�y and is subject to fhe Texas O�en Records Act upon receipt. 1�.4.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identi�ed and marked proprietary at time of submittal. The City will, to the sxtent allowed by law, endeavor ta protect such informatian from disclosure. [f a Public Information Request is macEe for 8idder's proprietary information, the Bidder will be notified so that they can submit a fetier to the Texas Attorney General. The final decision as to information #hat must be disclased lies with the Texas Attorney Ceneral. 11.9.2 Failure to identify proprietary information wil! result in all unmarked sections being deemed non-proprietary and available upon public request, 12.D BID PR�PARATEON COSTS -All costs associated with preparing a Bid in respanse to a Snficitation shall be �orne by the Bidder. 13.0 P,AYiVIEN7S 13.1 Ali payment terms shall. h� "Net 30 Days" from the date tha City receives a correct invoice. 13.2 Successful bidders are encouraged to register for direct deposit payment� prior to providing goods andlor services using the forms pasted on the City's websiEe at https:l/www.fortworthtexas.aovldeqartmentslfinance/p[archasinglach 14.0 SUBMISSIOf� O�r Bf DS 14.1 Bidders shall submik the fnllowing items with their hid: 14.2 A completed and signed original Bid 5ub�riission Signature page; 14.3 A completed Bid 5olicitation. 14.4 Signed Addendum(s) acknowledging receipt. 1A.5 All items listed in Section 14.0, Bidders Qualifications; Part 2 14.6 A eompleted and signed original Conflict of lnterest Questiannaire, Attaehment A; 14.7 A completed Consideratiort of Locatian of Bidder's Principal Place of Business, Attachment B, if applicabfe; 14.8 A completed Bidder's Gonfact lnfarmation Form, Attachment C; 14.9 A campleted Bidder's Qualification Questionnaire, Attachment D; '14.10 A compfe#ed Business Equity L!#ilization Form, Attachmen# G; 14.10.1 The Lefter of I nten� (Qnly if the Prime Vendor submits a good faith effart). Attachment H; ITB 22-OD97 Heavy Duty R�pair and Services Page 9 of 52 14.11 �ocum�ntatian and cer�ifications necessary fo perform w�rk on Ciiy vehicl�s and equipment. �his includes all certifications, such as ihe National {nstitute for Automotive 5ervice Excellence (A5E) or Manufacturer required training, which qualifies the vendor ta perForm said work. 14.12 List o# materials, tools and equipmen� necessary to perForm repairs to city �ehicles and equiprnent. 14.13 Scanned copy of alf documents listed in paragraph 14.1 in flash drive. 14.14 Documentation showing company has been in th� market place for a minimum of two years (i.e. Secretary of State). 1�4.15 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 follawing iterrzs. 14.15.1.9 Company ketterhead, including contact informafion. �4.15,9.2 Number af years working with Firm. 14.15.1.3 Brief expla�a�ion of customer's saiisfaction and recommendation af Firm. Please provide a rating of 1-5. One (1) being un[ikefy to recommend and unsatisfied, and five (5} being highly satisfied and highly recammended. 14.15.�.4 Brief explanation on likeliness to work with Firm again. One (1) being unlikely to continue to use Firm and fi�e (5) highly Ifkely to use Firrn again. 14.2 Any o#her document incluc#ed in the Solieitation requiring compfetian or execukion by the Bidder. 14.3 �ailure to submit a!1 fhe items listed in Section 14,2, Part 1 will be grounds for rejection of a bid as non-responsive ta the specifications. 15.fl LATE �I�IS 15.1 Bids must be received in the Purchasing Division prior to the bid subrnission d�adline. AH Bids received afterthe submission deadline are considered late and will be returned to the Bidder unopened. 15,2 Purchasing's time stamp clock is �he afficial time of r�cord. Howe�er, if the time stamp is not available or broken, the dafe and time written on the bid receipt by Purchasing staff shall be khe time of record. 15.3 It is the sole responsibility of the Bidder to ensure timely dalivery af the Bid to the Purchasing Division. The City will nat be responsibi� for failure of se�vice on the part of the U.S. Postal Office, courier companies, or any other form of deli�ery service chosen by the Bidder to deliver befare the bid due date and time. 15.� Bids delivered to a Ci#y location other than the Purchasing Ri�is9on will not be cansidered. The Bid must be received by the Purchasing Di�isi4n and stamped before deadline to be considered. 16.0 MODIF�ICATION OR WIYHQRAWAL OF �IDS 16.1 Modification of Bids: Bids may be modif�ed in writing at any time prior to the bid submission deat�lir�e. 16.2 Withdrawal of B�ds: Bids may be withdfawn in writing, ar by facsimile (pro�ided that the facsimile is signed by the 8idc{er) at any fime prior to t4�e bid submissian deadline. a Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made priar to the bid submissian deadfine. A receipt of withdrawal must be signed by the Bidder. No Bids may be ITB 22-p017 Heavy �uty Repalr and Servlces Page 10 of 52 withdrawn after the bid submission deadline without forFeiture of the Bid guarantee, unl�ss there is a rr�ater�al error in the 8id. Withdrawn Bids may be resubmitted, with or without modifications, prior to the bid submission deadline, The City may require proaf af agency from the person withdrawing a bid, 17.0 OFENING OF BIDS The Purchasing Division representa#ive responsible for opening Bids shall personally and publicly open afl Bids timely receive�d, reading each bid afoud, 18.0 EVALUATI�N FACTORS ANt] AWARb �8.9 ��aluation: Bidders may furnish �ricing fnr all or sny partion of the Solicitation (unless otherwise specified). �lowever, the Cffiy may e�a[uate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most ad�antageous to the City. Bids that specify an "all or none" award may be considered if a single award is advantagenus. 98.2 Award. The Method of Award is detailed in Section 4, Part 2. (Note: A Bidder that does not earn at least 50% of the techn�cal points will be deem "non-responsi�e" and wif[ not be awarded a contract.) 'f 8.3 Acceptance a�d Award of Bid: Acceptance and award of a Bid will be in the form of a Purchase Order or a Gontract. St�bsequent Purchase Orders may be issued as ap�ropriat�. The contents of a Bid Response shall become a part of fhe Contract. Under no circumstances will the City be responsibls for Gaods or 5ervices provided without a Purchase Order iss�ed by the City. 19.� RESERVA'iiONS - The City expressly reserves the righ# ta: 19.1 S�ecify approximate quantities in the Soliciiatior�; 19.2 E�cfiend ti�e Solicitation opening date and time; 19.3 Cansider and acc�pt alternate Bids, if s�ecified in the Solicitatian, when most advantageous to the City; '19.4 Waive as an informaliiy, minar deviations from specifcations pravided they do not affect campetition or result 'in funct�ona[fy unacceptable goods or services; 19.5 Waive any minor infarmality in any Bid or Solicitafion procedure (a minor informaliiy is ane that does nat aff�ci t�e competiti�eness of the Bidder); 19.6 Add additional terms or modify existing terms in the Soiicitatian b�fore the bid submission deadline; 19,7 Reject a bid because of unbalaneed unit prices bid; 99.8 R�ject or cancei any or all Bids; 19.9 Reissue a 5olicitakion; T9.10 Procure any item by other means; andlor 19.11 Award to multiple vendors on a nan-exclusive award basis, or priinary and secondary �endors. ITB 22-0047 Heavy Duty Repair artd 5ervices Page 11 of 52 20.0 POST-Bl� DOCUMEN�"S REC,�UIRED FFtOM �IDD�RS_ 2p.1 Certificates of Insurance: When insurance is required, the successful Bidder musf provide Certificates of lnsurance in the amounts and for the co�erages required to the I'urehasing Office within 14 calendar days after notification af award, or as otherwise required by the So[icitation. 2�.2 Business �quity Division Documents: If a Business Equiiy goal has been established for the bid, the ap�licable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two {2) City business days after the bid flpening date, exclusive of the bid opening daie, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate deparEment as evidence that the City receivad the documentation. 20.3 Certificate of lnterested Parties Form 1�9�: If the Purchase Agreemenk must be approved by the City Council before execution, the successful bidder is required to complete the CerEificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchaselcontracfi will be p�esented to the City Council. The form may be comple�ed at https:llvuww.ethics.s�ate.tx.uslwhatsnew/elf info form'{295.htm. 21.0 PROT�S7 PROC�DUR� 21.9 Vendors who respond #o In�itations to Bid have the right to protesf the solicitation process or ff�e bid award if they balieWe that there has been any impropristy or unfair criteria in the process. �1.2 The Vendor must submit any protest in writing to the Purchasing Managar within 14 days after the Vendor knows, or should ha�e known, of the facts relating ta #he proposed action or award. 21.3 Ti�e Purchasing Manager, ar designee, is authoriz�d to re$ol�e a protest concerning a purchasing action through telephone discussions, mail, e-mail or in person meetings with the protesting Vendar. 2'i.�4 After discussions or meekings, the R�rchasing Manager or design�e will issue a decision in writing, state the reasons far the action taken and inform the protesting Vendar of the right ta review by a pan�l made up flf City staff. 21.5 A City protest review panel will consist of an Assistant City Attorney, a representati�e ofi the operating departrnenk, the Purchasing Manager and any other appropriate persannel or employees of the operating deparim�nt. 21.6 If the panel is unable ta resolve the protest, ar if the panel makes a decision with which the Vendor cioes not agree, the pratesting Vendor will be invitec! fo sttend the City Council meeting at which the recommended award is ko be presented to the City Council and make known his/her concarns. The protesting Vendor w[Il fae insiructed tfl arrive prior ta the s#art af the City Council meeting and complete a card requesting to speak concerning the particular Mayo� and Council Communication document {M&C) in question. 21.6.1 Vendors wishing ta speak before the City Councif should review the rules for registering ka appear before City Council Iocafed at: http�llfortworkhtexas.qo�lcitvsecretarylinfoldefaulf.aspx?id=2994 on the City's we�asite. 22.0 COOPERA7lV� PURCHASING 22,1 Should other gavernmental entities cfecide to participate in this cantract, Bidder, shall indicate in their proposals whether they agree that a!I terms, conditions, specification, and pricing would apply. 22.2 If the successfiu! Bidder agrees to extend the resuEting contract to other ga�ernmental enfities, fhe following shall apply: Governmental entities within utilizing Contracts wifh the City of �ort Worth shall be eligibl�, but not obligated, to purchase materiallservices under this contract{s) avvarded I7B 22-4a17 Heavy Duty Repalr and Servlces Page 92 of 52 as a result of th[s solicitation. AI� purchases by governmer�tai sntities afher than the City of Fort Wo�th shall be bilfed directly io that go�ernmental entity and paid by tha# go�ernmental �ntity. 7he Cify of ForE Worih sha:ll not be respansible for anather governmental en#ity's debts. Each go�ernmental entity shal� arder its own material/s�rvices as needed. 23.Q RIGHT TO II�l/ENTIONS MADE 11NDER A CONTRACT OR AGREEMENT lf t�e Federal award meets the defini#�on Qf "funding eCFR — Cade of Federaf Regulations agreement" under 37 CFR §4Q1.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprnfii arganization regarding the substitution of parties, assignment ar performance of experimental, developmental, ar research work under that "funding agreement," the recipient or suB recipient mus# comply with the requiremenks of 37 CFR parE 401, "Righfs to Inventions Made by Nanprofit Organizations and Small Business Firms Under Go��rnment Grants, Contracts and Cooperative Agreernents," and any implementing regufations issued by the awarding agency. 24.0 ❑EBARMEN�' AND SUSAENS{OI� Per Executi�e Orders 12549 and t2689, a contract award (see 2 CFR 180.22Q) shall not b� made to parties listed on ihe go�ernment-wide excfusions in the 5ystem for Award Managemenf (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Drders 12549 (3 CFR part 1986 Comp., p, 189) and 12689 (3 CFR part 1989 Comp., p. 235), "bebarment and Suspension." SAM Excfusions contains the names of parties debarr�d, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executi�e Order 92549, 25.Q CL.�AN Af R ACT AND FEDERAL W/AT�R POLLUTION CONTROL ACT Vendor shall comply with all applicable standards, orders or r�gulaiions issued pursuant to the Cfean Air Act (42 U.S.C. 74�'E-767'fq) and the Federal Water Pallution Confrol Act as amended (33 U.S.C. 1251- 1387). Vialatians must be reparted to the Federal awarding agency and fhe Regional �ffice of tF�e En�ironm�ntal Protection Agency (EPA), 26.0 BYRD ANTf-LOBBYING AM�NDMENT 31 U.S.C. 9352 Vendor shall cornply with all applicable standards, arders or regulations issued pursuant to the Clean Air Act {42 U.S.C. T40�-7671q) and the Federal Wa#er Pollutian Control Act as amended (33 U.S.C. 1251- 1387), Violations must be reported to #he Federal awarding agency and the Regional Office of th� Environmental Protection Agency (FPA). 26.1 Firms that app[y or bid for an award excee�ing $10Q,QpQ.00 must file the re.quired certification. Each tier certifies ta the tier aba�� that it wiU nat and has not used Fed�ral appropriated funds to pay any p�rson or organization for influencing or attempting to infiuence an officer or employee of any agency, a member of Congress, afficer or employee of Congress, ar an employee of a member of Congress in connection with obtaining any Federaf contract, grant or any other award covered by 31 U.S.C, 1352. Each #ier must also disclose any lobbying with non-F�deral funds that ta�Ces plece in connection wi#h obFaining any Federal award. S�ch disciosures are farwarded from tier to tier up to the non-Federal award. 262 Bidders shal! provide proof of Byrd Anti-Lobbying Amendment certification filings wiih their bid, if the bid �xceeds$1�O,p00.00, 27.0 PROHBITION ON BOYCOTTING �NERGY COMPANIES Vendor acknowl�dges that in accordance with Chapter 2274 af the Texas Go�ernment Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prahibited from en#ering 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 campany with 10 ar more full-time employees unless the contract eontains a written verification from the company that it: {1) does not boycatt energy companies; and (2) will not boycatt energy companies during the term of the confract. The terms "boycott energy company" and "company" haue ITB 22-Op17 Heavy Duty Repair and Services Page 93 of 52 the meaning ascribed fo those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87#h Leg., R.S., S.B. 'I3, § 2. To t�e extent that Chapter 2274 of the Government Code is applicable ko this Agreeme�t, by signing this Agreement, Vendar c�rtifies fhat Vendor's signature pravides written �erification ta the City thaf Vendor: ('[} does not boycott energy companies; and (2} wiH not baycokt energy companies during the term of khis Agreement. 28.0 PROWBI710N ON DISCRIMINATION AGAINST FIRE,�RM AND AMMUNI�ION IN[]U5TRIES Vendor acknowledges that except as oiherwise provided by Chapter 2274 of the Texas Government Code, as added by Ac�s 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering info a contract for goods or services that has a value of $100,000 or more that is fo be paid wholly or partly from public funds of the City with a company with 10 or more full time employees unless the contract cor�tains a written verification from the corrtpany that it: {1) does nat have a practice, policy, guidance, or directi�e that discriminates against a firearm entity ar firearrn trade association; and {2) will nof discriminate during the term of the eontract against a firearm antiry or firearm trade assoc[ation. The terms "discrimina#e," "firearrn entity" and "�rearm trade association" have the meaning ascribed to those terms hy Chapfer 227�4 of the Texas Go�ernment Code, as added by Acts 2027, 87th Leg., R.S., S.B. 99, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agr��ment, by signing ihis Agreement, Vendor certifies thai Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive kha# discriminates against a firearm entity or firearm trade associa�ion; and {2) wifl not discriminate agait�st a fir�arm entity ar firearm frade association during �he term af this Agreemenk. lT8 22-Ob17 Heavy Duty Repair and Services Page 14 of 52 PART-� DETAIL�D SCOP� OF SERVIC�SISPECIFICAiIQNS 1.0 SCOPE 1.1 The C9ty of Fort Worth (City) seeks bids to finalize annual agreements with multiple vendors for repair services for City-owned heavy duty �ehiGes, lawn, and marine equipment ar�d to establish an Annual Agreement to provide Origina� Equipment Manufacturer (OEM) Authorized Service and lndependent Service Facilities Agre�ment for the Property Ma.nagement Departman# (PMD) as specifi�d in this Invitation to Bid (ITB.) 1.2 The �ucc�ssful bidder(s}, known hereafter as "Contractors°I"Contractors," wifl be responsible for perform heavy dufiy �ehicle repairs and sei-vices for apprnximately 3,000 on road and 9,60D of- road �ehicles and eq�ipmen#. 1.3 The T�rm o# the agreem�nt shail begin an #he dafe stated in #he contract ("Effecti�e Date) and shall expire on� year from khe ef�ective date, �nless terminated earlier in accordance with the provisians �f this Agrsement. This agreement may be renewed under the same terms and conditions for four (4) additional one=year periods, �n[ess the Confractor provides the ofher pa�ty wi#h notice of non-renewal at least 60 days before #he expirat[on af the initial term or renewaf period. �.4 1.5 1.6 '1.7 1.8 2.0 TENTA' The Properiy Management Department (PMD) snafl utilize this Agreement for service, repair, maintain and purchase of parts for a variety of heavy duty vehieles, lawn, and marine eqUipment and for a variety af manufacturers in the City fleet on an as n�eded basis. Following the award additionaf ser�ices of the same general eategory that could have be�n encompassed in the award of this Agreement, and that are not already an fihe Agre�ment, may be added based on the discaunt bid and price sheet provided with the bid. Unit prices shall include all costs associated with the specified work, including b�t no# lirnited to handling, deli�ery, fuel charges, fees and certifications fees. �Va additional charges will be accepted or paid by the Ciiy. All items supplied resulting from ihis bid shall b� of recent production, unused, and suitabie for their intended purpose. The submission of a bid by th� �idder sha[I be considered e�idence af compliance wi#h these requirements. SCHEDULE O� I7B Rel�ase Date Pre-Bid Canference Deadline for Questions Answers posted IiB Responses Due pa#e AT 1:30 p.m. (Lpcal r 15. 2021 December 23, 2021 3:Q0 pM December 27, 2021 at 5PM 1, 2021 January fi, 2022 ITB 22-pU17 Hea�y Duty Repalr and Services Page 1.5 of 52 3.0 CHANG� W COMPANY NAME OR OWNERSHIP - The Vendor shall notify the City's Purchasing Manager, in wriiing, nf a company name, ownership, or address change far the purpose of maintaining updated City records. The president af t�e company ar authorized of�icial must sign fhe letter. A letter indicating changes in a company name or ownership must be accompanied with suppor�ing legal documentafion such as an updated W-9, dacuments filed with the state incficating such ehange, copy of the 6oard of director's resolution approving the action, or an executed merger or acquisition agreement. �ailure to cfa so may adversely impact future inwoice payments. 4.0 M�THOD OF AWARD 4.1 Bids w9A first be e�aluated based upon bids received from a responsible bidder that presents #he best value to the City. A responsible bidder is defined as a bidder that submits a compleied bid package within khe stated deadline and in accardance with the hid specifcatians. 4.2 Bids that do not receive 50°/n o� more of the totaf available po9nts, excluding the points for price, will be deemed non-responsive. 4.3 The following criteria wilf be used to determine the best value: 4.3.1 Cost of service — up to 50 �oints. 4.3.2 Availability of resources to perform services, with qualified personnel per section 5.0 — up ta 20 points. 4.3.3 Contractor's qualificaiion and certification per section 6.Q — up to '�0 points. 4.3.� �xperience wori�ing with goWernment/similar size arganization — up to 10 points. 4.3.5 Ability to meet the Business �.c�uiky 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 resarves the right to make mu�tiple awards. 4..5 The City reserves the rigfi�t to aceept ar reject in whole or in part any or all bids received and to make an award an the basis of ind9�idua! item, combination of items, or o�erall bid, as it is deemed in the besi interest of the City. The City alsa rese�es the right to reject the bid of a bidder who has pre�iously failed to perform properly or complete on time agreeme�ts of a similar nature. 4.6 The Cify reserves and shall be free to exercisa the right to evaluate bid in relafion to performance record of bidder witl� the City itself, ano#her municipal corporatio� of like size, or pri�ate corporations during the pasf two-year period. Such precaufiians are dee�ned to be in the public interest inasr�uch as Vendor failure or inability ta furnish items within t1�e prescribed time can crea#e emergency situations and impose unnecessary hardsi�ip on both the City as a municipal corporation and the public at large. 4.7 The evaluation faetors listed abo�e will be applied in a comparati�e manner to all eligible, respansive bids. Award may be made without discussion with Bidders affer bids are recei�ed. Bids should, tharefore, be submit�ed on th� most fa�arable terms, 4.8 Consideration of Location of Bidder's Principal Place of Business, Attachmenfi B, if applicable; ITB 22-D017 Heavy �uty Repair and Servlces Page 16 of 52 4.8.'I If Attachment B. l.ocal Preference is corripfeted by any bidder the City will review the Attachment ta de#ermine whether local praference wi�l appfy to the award. 4.9 The City also reserves the right to reject #he bid af a bidder who has previo�sly failed to perForm properly or compfete on time agreements of a sirrmilar nature. 5.Q CONTRACTOR REQUIREMENTS f N ORDER FOR TME Blb TO BE EVALUATED 5.9 The Contractor shall: 5.'[.1 Have a minimum of 2(two} years of experience conducting se.rvices similar or relaked to the 5cope of Services. 5,1.2 Ha�e and operate a full-time, permanent business address with the ability to be reached by email anc! telephone. 5,1.3 Documentation and certifications neces�ary to perform work on City vei�icles and equipment. This includes all certifications, such as the fVational Institute for Automoti�e Service Excellence (A5E} or Manufacturer required training, whic� qualifies fhe vendor to perForm said work. 6.0 CONTRACTOR RESPONSIBILTIES 6.1 Cantractors shall pro�ide pricing on pa�ts 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 s�all include all assaciated costs unless specified in Proposals Salicitation Page, not limiied ko delivery, fuel and handling charg�s. f�o additional char�es will be accepted or paid by ihe City. 6.2.1 The City will ensure fhat vehicles will have a minimum of a quarter (1I4) tank of fue! when dropped ofF for �ervice. 6.3 Contractors may charge an hourly non-warranty labor rate per service, a cost plus (+) far parts, a diagnostic fee (detailed out}, and any applicable transpartation 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 #he evaluation panel. 6.4 Contractors shall furnish provide documenta#ion on their personnel authorized to perFarm work on City vehicles and equipment. This inclWdes all certificafions, such as the National Institute for Automot�ve Service Excellence (A5E) or Manufacturer required training, which qualifi�s ihe ��:ndor to perForm said work. Afl lice�ses, permits, insurance and any other documentation that is required by local, stafe andlor f�deral agencies are to be mainfained during the term of this contract. 6.5 Contractors shaU be authorized to diagnase, repair and service vehicles and equipmen# for the City nf Fori Worth's (the "City") Heavy duty fleet. 6.6 Confractors sha.11 pertorm work using the most up to date and appropriate rnethods available for said work under industry standards, This includes, but is not lirnited to, all sUitable repair equipmer�t and parts to insure the satisfactary execution of any repair or installa#ion. 6.7 Contractors shall respond and supply req�ested materials or services required during regular business hours within tf�e respanse tirne (b�LIVERY) from receipt ofi request in the proposals solicita#ion page or less including shipment by rrtu#ual agreement form the time original request is made. ITB 22-0017 Heavy Dufy Repair and Servic�s Page 77 of 52 6.8 Contractors shall provide the City priority service, as many City vehicles are utilized for public safety and emargency respons�. �xpeditious turn-araund is critical to City operations. Addiiional fees fo� prioriiy services are prohibited. 7.0 HOURS 7.1 Contractors shall respond to a work orc{er within 24 hours of notification. 7,2 Contractors shall deli�er completed vehicles to the Fleet Service Center, Mon�ay through Friday between 7:3a a.m.— 9:3d p.m. unless expressly autfiorized by khe Fleet Service Center Supervisor(s) or their designee. Any daviation from this timeframe shall require written apprava! from the Fleet Service Center 5upervisor{s) or their designee. 8.0 AFT'�R HOIJRS 8.1 After hours shall I�e cansidered from Friday at 9:39 pm thraugh Monciay at 6:59 am, holidays and weekends. 9.0 PARTS 9.1 All paris utilized in repairs, replacements or installafions on City �ehicles and equipmeni must be new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts ean be cansidered but must be appro�ed in writing by City PMD Fleet p�rsonnel prior to being utilized by a vendor. 9.2 Vendor shall warranty andlor guarantee all work and products supplied under this Agreemeni against any defects in cfesign, workmanship, materials and failure fo operats satisfactorily. �ach product shall be constructed to the highest industry standards. �'roducts manufactured of poor workmanship will not be accept�d. 9,3 The City resenres the right to supply par�s 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 �f labor and materialsl parts if the submitted pricing is deemed excessi�e by fihe evaluation panel. ITB 22-0017 Heavy Ruty Repair and Services Pag� 18 of 52 90.0 INVEN70RY OF ASS�TS '10.1 Assets that rnay need repairs and services but are not fimited to, the inventory listed below: Up io 3,000 on-road and 1,60Q off -road vehicles and equipmen�t inciuding, but nat limited to; Types nf Manufaciurers E ui ment Fire Trucks Allison Mazda Dump Trucks Altec Mercedesl Sprinter Hea�y-Duty Artic Cat Meritor Trailers Aquatech Mett•o Bucket Trueks Bendix Mitsubishi Of-£Road Big TeX Munci� Equipment BMW Natiana� Crane Transfer Champion New Holland Trucl�s Chevy Nis san Motor Hotnes Cutzlinins �nan Generaiors Fuel Trucks Custom- Ckiris Trim Peterbilt Water Tankers Custom- �,av�hon Pierca — Fire Apparatus Containar Custoin- Tamzny Gate Pioneer Trucks CusYom- Youngs Pipeh�.lnter/ Jeieye Sewer Delta Rigging Progard Equipment DetE•oit ROM Corp Dodge Rosenbauer and afher poosan �p�,�� related types of Duetz Spitzlift equipment over Eaton Sterling 1 Ton E-Qne Tennant Ford Terex Freightliner Texas Steer Honda Toyo�a Hyundai Tracker In�ernational Twist�r Int�Xstate Trailers Vac-Con Isuzu Vactor JCB Verneer Jeep Versalift JLG Volvo John Deere — Gz•een (AG} WABCO Kawaslci Wacker Kenworth VVheIen Kobelco y��a KTM Zodiac Kubota and othe�• related Macl� manufacturers over 1 tan M&D ITB 22-OOi7 Heavy duty Repair and Services P�ge 19 of 52 11.0 �STIMATES 11.1 Vendor sha11 be required to provide written or electronicalfy produced estirnates to PMD Fleet persannel before the start af any work. The eskimakes musf he emailed to the PMD F'leet employee(s) andlor PMD Fieet #acility location who requested fhe ser�ices ta be compleied, 11.2 �siimates shall be approvec{ and authorized by PMb Fleet personnel in writing �ia email prior to work being perform�d. Verbal approvals should not be considered. 11.2.1 Flee# shali create necessary work order for tracking. 91,2,2 Vendor shall be notified, �ia email, of repairs needed andlor diagnosis from Fleet. '{ 12.3 Vendor shall identify the repair direction and shall email an eskimate with specific details of the repa�rs needed regardless of warranty or non-warranty. 1'f.2.4 Warranty and billable repairs sha11 be on separate estirr�ate(s) and in�aicing in ALL casas. 11.2.5 Fleet shall document the approval and shall update the work order detailing all communications and repairs with denial or appra�al information. 11.2.6 PMD Fleet sha1� issue a purchase order for biHable repairs via email. Repairs ar� NO7 to ba perFormed until a purchase o�der has been issued in v�rriting from PMD Fleet Di�ision. This er�sures proper tracking and documentation are in place far the Vendor and the City. 11.3 F'inal submifted in�oices submitted to the City for wark performed should always match the final estimate received by the CEty. All re�ised estimates must be approved in writing prior to billing. 91.4 If City �ehicle or equipment is s�rviced by a Vendor for war�anty work, an estimate pro�ided by the Vendar to the City shall state `Warranty 6ervice'. 11.5 All estimates pravid�d by �endors will be quoted on a`time and materials' basis, adherenc� to the agreed upon cantract rate(s) and itemized to illustrate the cnst of each of the following, if ap�iicable to the s�rvice or work perFormed: 1�.5.1 Estimat�s shaf{ indude number of and cost of part(s) to be insialled. 11.5.2 Estimates shafl include cost of {abor �o perForm repair andlor installaiion; itemized by number of labor hours per labor line. 11.5.3 Estimates shali include itemized inspectionldiagnostic fees. 11.5.�4 Transportation fees, if any, for �ick-up or deliv�ry. 11.�.5 Miscellaneous shap fees will not be allawed. This should be considered when bidding applicabke costs in the other time and materials categories. 11.5.6 Tra�el charges for mobile services can be considered and should be itemized. Standard flat fee will not be cansidered. 19.6 Fleet shall cr�ate necessary work orders for tracking. 11.7 Con�ractor shall be notified, via etnail, of repairs needed andlor diag�osis frorri PMD Fleet. 11.8 All estimates provided by Venciors wi11 be quoted on a`time and pa.rts' basis, adherence t� 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 o# pa�t(s) to be installed, cost of kabor to perform repair ITB 22-4017 Heavy Duty Repair and Services Page 20 af 52 andlor installation, inspection, diagnostic fe�s; itemized by labor hours exc�pt when estirnated as a tumkey project/job. 11.9 Vendor sha[[ iden�ify the repair dir�ction and shall emai� an estimate with specific details of the repairs needed regard[ess of warranty or non-warranty. 11.'1� Warranty and billable r�pa�rs shall be an separate es#imate{s) I in�oicing in ALL cases. 11.11 PMD F�eefi shall document the appro�al and shall u�date the work order defailing all communications and repairs with denial or appra�al information. 11.12 PMD Fleet sha!! iss�e a purchase order for billab�e repairs via email. Repairs with a cost associated tn the City are fVOT #a be performed uniil a purchase order has been issued i.n writing from PMD Fleet. This ensures praper tracking and documentation are in place for the Vendar and the City. � 1.13 Vendnrs shall send confirma#ion and a cost estimate to the Fleet 5ervice Cent�r Supervisor(s) ar designee within 24 hours of recei�ing a[ist of equipment for inspection and testing. '[ 1.14 Fleet Service Center Supervisor� or designee will pro�ide writi�n authorization to proceed with the inspection and testing after evaluating the estimafe. Vendors are nof authorized to proceed with inspection, tes#ing based on verbal authorizatians and assumes a�l liability and responsib��ity for inspection, and testing performed based on such verbal authorizatians. 'i 1.15 Vendors wil! be required ta pra�ide written estimat�s to Fleet Service Cen.ter Supervisors or designee personnel before the start of any work. The estimates may be emaifed to the Fleet Service Ce�ter Supervisors ar designee who requested the services to be completed. 11.1fi Estimates musf be appro�ed and au#horized by Ci#y Fleet 5er�ice Centar 5upervisors or designee personnel in writing (email, fax ar written) prior to work being performed. Original invoices submitted to the Ciky for work pertormed cannat be greater than initiaf esti�rnate provided unless appro�ed by Fleet Servic� Center Supervisors or designee in writing. 1'1.16 If during the course of the ariginally estimatad repairs, it is nofed that further repairs will be needed, a r�vised estimate must be �repared by Vendors for the addifionaf work. 91.t7 Estimates provided by �endors shal� state `Warranty Service' if City vehicles or equipmer�t wi�l be servi�ed for warranty work. 12.0 INVOfCIf�G REQ�IREMENTS 12.1 The City of Fo�t Worth has begun impiementing an automated invoicing systern. 12.2 The Contractor shall send inuoices electronicaily to our centralized Accounts Payable �epartment in�aice email address: su lierin�oices fortwor�htexas, ov. This emaif address is not monitored so please do �ot send correspondence to this email address. 7he sole purpose of the supplier in�oices email address is ta rec�ipt and process swpplier invoices. 12,3 Please include the following an the subject line of your e-mail: �endor name, invoice number, and PO ntamber, separated by an underscore (ex: Example, Inc._123456_FW013-QOOpQ01234) �2.�4 io ensure the system can successfully pr�cess your invaice in an expedient manner, please adhere to the foffowing requirements: o All invoic�s must be either a PDF' or T�FF format. � Image quali#y must be at least 300 QRI (dots per inch). � ln�oices must be sent as an attachment (i.e, no in�oice in the body af the email). ITB 22-OOi7 Heavy Dufy Repalr and Services Page 21 of 52 � One in�oice per attachment (includes PC7Fs). Mulfiple attachments per email is accep#able b�t each in�oice must be a separa�e attachment. o Please do not send handwr�ften in�aices or invoic�s that contain hanclwritten notes. � Dot matrix invoice format is not accepted. � The invoice must contain ihe following infarmation: • Supplier Name and Address; o Remit to Supplier Narne and Address, if different; � Applicable City Departmenfi business unit# {i.e. FW013} o Camplet� City af Fart V1lorth PO number {i.e. the PO number must contain ali preceding zeros); • In�oice number; � In�oice date; and 12.5 lnvoices should be submittecf after deliv�ry of the goods or services. 12.5 To prevent invoice proeessing delays, please do not send in�o9ces by mail and email and please da not send the same ir��oice more than once by email to supplierinvoices@fortworthtexas.go�. Ta check on the status of an in�oice, pleas� contact the C9ty Department ordering the goocislservices or the Cenfral Accvu.nts Payable Department by email at: Zz FlN AccountsPa abke __forkwotthfiexas.gov. 'I2.7 !f yau are unab{e to send your invaica as ouklined aboue a# this fime, please send your in�oice to our ce�tralized Accounts Payable de�artment insfead of directly to the individual eity department. This wil{ allow the city staff to digitize the invoice for faster processing. 12.$ If electronic invoicing is not possible., yau may send your paper invoice �o: City of Fort Worih Attrr FM5 Central Accounts Payable 200 Texas Street FortWorth, Texas, 76'f02 12.9 Tf�e City's goal is to rece�ve 100% of in�oices electronically so that all supplier payments are pracessed efficiently, To achi��e this goal, we nEed the Cantractor�5 5L1�?pOft. 12.1 D lf Contractor has any questions, �alease contact the Accounts Payable team at (817) 392-2451 or by email to zZ FIN AccauntsPavableCa�fortwor#htexas.gov. 12.1 � Contractor shall not include Federal, Staie of City sales tax in its in�oices. City shaH furnish a tax exemption certificate upon Vendor's request. 93.D F-fAZARD0U5 CONDITIONS The Vendor is required #o notify the City immediat�ly of any hazardous condikions andlor darnage to City praperty. �1q,Q UNIT PR[C�. ADJUSTMENT 14.1 7he unit prices may be adjusted for increases or decreases in Vendar's cost during tha renewal period but before the effiective dat� of the renewal upon written request fram the Vendor. 14.2 The Vendor must submit iks price adjustment request, in writing, at least 60 days 6efore the renewal effecfi�e period. 7he Vendor shall prov9de +Rvritten proofi of cost increases with price adjustment r�quest. �4.3 !f the City cancludes that the rate increase being requested is exorbitant, the City reserves the right to adjust the rate request, ar rejecf the rate request in its entirety and aflow the contraci to ITB 22-�0'f7 Heavy Duty Repair and Services Page 22 of 52 expfre at fihe end of the contract term. If the City elects not to exercise the re�ewal optian, the Purchasing Qi�ision wili issue a ne+nr salicitation. 14.4 �rices bid shall remain firm for each ane-y�ar term of the Agreement and shall include all associated freight and delivery costs. 94.5 Prices offered shall be used for bid anafysis and for Agreemenf pricing. fn cases of errors in extensians or tofals, the un�t prices o�fered will govern. T4.6 Upon expiration of the Agr�ement term the successfUl bidder, agrees #o hold o�er under the terms and canditions of fhis Agreement for a reasonable period af time to allow the city ta re-bid an agreement., not to exceed ninety (9Q) days. Vend�r will be reimbursed for this serrrice at the prior agreement rafe{s). Vendor shall remain obligated to the City under a!I clauses of this Agreement that expressly or by #heir nature extends beyond and survives the expiration or termination of this Agreement. 14.7 Goods andlor services shall not be suspended �y the Vendor without a 3Q day prior written notice ta the City. 15.0 LAWS, REGULATIOf�S, AND ORDINANCES 7he Vendor shall b� responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regufations; County: laws, ordinances and regulatians; and City; laws, ordinances, and regulations for safety of people, en�ironment, and property. This includes, but is nof limiied to, all Federal, State, County, and City Agenci�s, Administratinns and Commissions such as the En�ironmental Protec#ion Ageney {EPA), Occupational 5afety and FEeafth Administra#ion {OSHA}, and the Texas Commission on �nvironmentaf Quality (TCEQ), fn the e�e�t any law, regu�ation or ordir�ance becomes effective after the start of this Agreemen#, the Vendor �s required to comply with new pol�cy. Any rnandates requiring fhe City to com�ly with new guideEines will also require the Vendor ta comply. 16.0 PERFORMANCE Faifure of fhe City to insist in any one or more insfances upon performance of any of the t�rms and conditions of this Agreement shall not be construed as a waiver or relinqtaishment of th� future performance of any terms and canditions, but the Vendor's obligatfon with respect to such perFormance shall continue in full force and effect, 17.0 COMPLAINTS 17.� Camplaints p�acessed #hrough the City purchasing Di�ision are to be corrected w9th�n fourteen (44} days of formal notica of complaint. Written response to the purchasing C7i�ision is required. 1T.2 Failure to pro�erly resolve complaints within the fourteen (1�}) calendar day tirrze period may result in the cancellakian of the a�plicable line item(s) in the price agreement. 1$.0 SUBCQNTi�ACTING Na subcontracting of the work under this purchase will be alfowed withaut written permission from the City. 19.b CONTRACT ADMINIS7RATION 19. T Contrac# administratian wil! be performed by the City Departrnent. In the event the Vendor fails to perForm according to the ierms of the agreement, The Department head or his/her designee will natify the Vendar, in writing, of its failures. A meeting may be arranged to discuss the Vendor's deficiencies. A writ#en cure notice may be prepared giving the Vendor 14 calendar days to cu re any deficiency. ITB 22-0047 Heavy duty Repair and Services Page 23 of 52 19.2 [n the e�ent the Vendor continues with unsatisfactory performar�ce, the depar�ment will promptly not9fy the Purchasing Manager who will take apprapriate action to cure the performance problem(s), which could include cancellat�an, 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 fhe agreement for services satisfactorily rendered. 19.4 The City reserves the right to kerminate this agr�ament, or any part hereof, for its sofe conv�nience. In the event of such terminatian, the Vendor sha{I immediately stap all work hereunder and shall immediateEy cause any and a11 of its suppliers and subVendors to cease vvork. Subj�ct to the terms af #his agreement, the Vendor shall b� paid a pe�centage of #he agreement price reflecting the percentage of the work perFormed priar to �he notice af termination, plus reasonable charges the Vendor can demonstrate ta the satisfaction of the City using its standard record keeping system, have resulted from the terminaiion. However, in no event shal[ the �otal of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may ha�e been anticipat�d, but �vhich ha�e nat besn earned up tQ the date of termination. 20.0 BUSIN�SS �QUITY GOAL 20.1 The Gity of Fo�t Worth impi�mented the Busfness Equity Ord'mance (BEO} to reflect the City's availabi{ity a�d disparity study findings. All proposars shall note that ii is tne policy of the City to ensure the full and equitable participation of Business Equity Firr�s in the p�ocurement of services $100,000.00 or more. This Requ�st for Qualificatians requires propasers to plan how it will include only MBE or W�E Business Eguity Firms to meet a Business �quiiy goal. 20.2 The Business Equity goal is 23%. 20.3 The informatian t4 rrteet the goal shall be submitted with the proposal on the Business Equity Utilization fnrm and include: � The company name, address, point of contact, email address, office and faxltelephone numbers of the Business Equity firms; � A detailed description of fhe work ta be perfarmed ar supplied by each Business Equity firm; � The tier Ievel, i.e., 1 st, 2nd, 3rd, etc. (if other ihan 1 st tier, the plan must clearly identify the firm name and tier from whom the Business Equity firm will be receiving paymeni} � Associated NAICS cade for each company n The sub-contracf anticipatad �alue for each Business Equity firm; � State the Business Eq�ity percentage �evei of cammitment achie�ed; and � Provide the same identification information for all nan-Susiness E uit firms � Letter of [nten# will be required only for the Prime Vendor submi#s a good faith effort. ■ The sub-contract anticipated �alue for each gusiness Equity firm; 20.4 lt is impartant to note that only Business Equity �rms that perForm a commercially useful function may count towards tha 5%.Business Equity goaf. 20.5 A Certified MBE or WBE Business Equity Prime Contractor can count ii's self-per#orma�ce services towards meefing the Business Equity Goal for the assigned NAICS commodity cades on their current MB� or WBE certification. This r�eans Business �quity Prime Contractors can only caunt the percentaga of work associated with their assigned NA1CS cod�s. If the Business Equity Prime Contractor cannot self -perform all af the work, incl�ding producing needed supplies it will be held accountable for subcontracting with other current cartified Business �quity firms to meei the overail goal. 20.6 �xample —A certified MBE or WBE concrete contractor, who only lays down concrete and does ITB 22-0�17 Heauy Duty Repair and Services Page 24 of 52 not produce cancrete whoiesale, cannot claim 100% self-perFormance to meet a Business �quity goal. 7o 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 st�Apiy the materials, 20.7 Furthermore, proposers mav o6tain a request for listing of certified firms from the City of Fort Vllorth's Business Equity Division https:llwww.fortworthtexas.qo�lfiileslassetslpublicldi�ersitv- inclusianldocumerrtslbusiness-e uit /re uest-for-listin -form-2021. df. 20.8 In its Utilizatian Plan, propasers' list of Business �quity Firms must be �ctively certified at the bid award. The City of Fort Worth accepts cer�ifications frarrt the following third-par�y agencies: North Central Texas Regional Certification Agency (NCTRCA), Dalfas/Fort Worth Minority Supp[ier Developmen# CounciE (DIFW MSDC), and the Women's Business Council Sou#hwest (WBCS). Participation can count towards the estabfished goal. The certified firms must ha�e a business located in the City's six-countv marketplace that includes the counties of Tarrant, Dalfas, Denton, Jahnson, Parker, and Wise, 20.9 ff a proposer farms a joint �enture with one or more Business Equity Firms, the business equity join# venture percentage will co�nt iowards the established goal. The Business ��uitv Jaint Venture form must be submitted far review and appro�al to appiy towards the goal. 20.10 If Offerar failed to meet the stated Business Equity goal, in part or in whole, then a detailed explanafion mtast be submitied to demanstrate the Good Faith �fforts made to secure Business Equity parEicipation. 2b.11 Failure to submi# the Susiness Equity participafion informatian or fhe detailed explanafiion of the proposer's Goad F'aith EfForts per ardinance 25165-10-2021 to meet or exceed tl�e stated Businass Equity goal, may render the propasal non-responsive. 20,12 The Business Equity commifiment will he part of the final weighted selection criteria. The undersigned acknnw�edges the City's MBE requirements as stated abo�e, and if selected as fhe most highly qualified Pro�ider(s), will comply with the requirement to submit a uti�ization plan durir�g contract negotiations. Il'B 2�-0017 Heavy Duty R�pair and Services Page 25 af 52 ATTACHM�NT-A CONFLIC�' �F' IHT�REST alSCLOSUR�, R�QUIREMENT Pursuant to Chapter 176 of the Loca1 Go�ernment Code, any person or agent of a person who contracts or seeks #o contract for tha sale or purchase of property, goads, or services with a local governmental entity ([.e. 7he City of Fort Wor�h) must disclose in the Questionnaire Form C!Q ("Questionnaire") the persan's affiliakion or business relationship fhat mighk cause a conflict of in#eres# with the local go�ernmental entity. By law, the Qu�stiannaire must be filed with the �ort WorEh City Secretary no later than seven days after the date t�e person begins can#ract discussions or negoiiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a pokential Agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form C1Q is enclosed with the submittal documents. The farm is also available at http:llwww.ethics.state.tx.usl�ormslClQ.pdf. If you ha�e any questions abaut complianee, please cansult your own legal counsel. Compliance is the indi�idual responsibility of each person or agent of a person who is subject to the filing rec{uirement, An ofFense und�r Chapter 176 is a Class C misdemeanor. NOY�. lf yau are not aware of a ConflPct of Interest in any business relationship that you might ha�e with the City, state Vendor name in �he #� 1, qse MIA in each of the areas on the form, Fiowever, a signature is reqwired in Ehe #4 bax in al1 cases. ITB 22-OOii H�avy �uty Repalr and Services Page 26 nf 52 co���i�� a� t�����sr au���i����[�� �'��nn ClC� �'orvendar cioing bwsirsess with lacal gor►ernmental ent€ty Thls qu�stlonnalre rei�eots ohar►ges made to the law by H.B, 23, ekth Leg_, Regular 3esslon. �FF10ELlSEONLY 71iis questlonn�fre ls being filed '€n aecordance wifh Ghapter 17a� I.00�I C�OYBi'I1Ri&11t COd9, py a vsi�dor who oate RaceNed has a buslness relatianship ss defined by 5ection 176.001(3•a) wlth a Ivcai governmental enNty and the vendor mests requiremenls w3dar Seciion 176A08(a). By latv ihls queslioro�aire must ba filsd wl!#1 t��e records adminislrator vt tlie local go�ammental en#�ty nol faler tlien Ihe 7tli txisiness day after Ihe ciate Ihe vendor becomas awa��e oF faC.ts Ihat require ths statement to b� fllad. SesSeeuon 17'6.o0s(�•1}, Local Go�arnmanl Gode. R vendor cvmmits an of�ense If .Uie vaiidor kno4vingly v�olate6 Sectlon 176.40G, Local Governmeni Coda, qn offense under tltis sactlan is a rnisdamaanor: � Name af �endar wf�o has a buainess reiationship with focal governmental entiiy, 2❑ Check this bax if yo� Are filing an upda[e to e prevlous[y filed quesfionnalre. (The law r�quires that yau file an updated coinpieted questiortnaire with the appro�riate illing au;hority noi later than the 7#h businsss ciay after ihe d�te ot1 �thich you beeame aware that the originally flled questiannaire was ir�camp.lete qr inaccurate.} 3 Name of lacal goverr�ment oHicer abaut whom th� iniormation is being disctoaed, NamE of Ofiicer 4 Descrlbe each employment or oiher busiiiess refationship wiih the Iocal gavernment o�cer, or a famify metr�ber of tE�e ofTcer, as descrlbed by 5eciion 17G.003(a}(2){A}, Also descrihe any family relaiionship vufth ihe lacal government officer. ComNlete subparts Aand B ior each employment or business relatinnship desaritred, Atlachadditi.onal pages to #his Fomt CIQ as necessary. A. Is the locai government aflicer or a fainify inember oi the oificer receiving or likely to recelve taxable incame, other than investment ineome, irom the vendor7 � Yes � No B. Is the vendor receiving or Ukely to recc�ive laacable incnme, other than inves#ment Income, from or at the directlon af the local government otilcer or a famify member ot ihe offioer AND the t�able Income is nai recaived froin the loeal goverr�mental er�tity7 � Yes � No 5 Describeeachemploymentorbusinessrelationshipfhatfhevendo€namcclin�ectian3maintainswiihacorporationar other buslness entiiy wiih respept to wh€ch th� lacal governmenY offiaer serves as an officer or director, or holds an ownership interost of ane percent or more, s - ❑Check this box If the vendor has given 1he local government nfficer ar afamlly member oi ihe o4fieer one ar more giits as descril�ed In Sectian 176.d03(a)(2)(B), eXcluding g.lits described in SecfiEor� i76:003{a-ij. 7 Signa[ure p{ vendor doing bustfless w�th tl-�e govemmeRtal endty pa� Form providec! byTexas Ethks Cornmission �xww.ethics.state.tx.us Ravised 9/1/2021 ITB 22-0097 Heavy Quty Repair and Services Page 27 of 52 C�N�L[C� O� INTERESi QU�ST1DNNAI�� �or vendor doing business with laca[ gavernmenial entity Acomplete eapy of Chapfar 176 of the Locaf Government Cnd2 may be Eound at htip:l/wvuw,statutes.legis.state.tx.usl Docsl�.Glhtrrt/LG.i76,htm. For easy reference, belaw are some of the sectiar�s citedan this�orm, Loaal Covernmeftt Code § 176.601(1-a): "Business relationship" means a connection heiween fwa or more parti�s based on comrnsrcial activily o1 one of the parties, The term does not incEude a connection based an: (A) a iransactioo that is subject to rate or fee regula#ion by a federaf, slate, ar lo�al governmental entity ar an ag�ncy of a federal, siate, or loeal govemm�nta! enfity; (6) a transaction cand�cted at a pric� and su�ject to terms available Ea the public; or {C) a purchase or lease of goads or services frotn a person that is chartered by a state or federal agency and that is subje�t ta regular examinalion by, and reporting to, i�at agency. Local GovernmeniCode � 176.003(a}(21�} and iB): (a} A local government offieer shall file a conflicis disclosure statement with respect to a venciar if: � (2) the vendar; (R) hasanemploymenEarotherbus9nessrelationshipwiihthelocalgo�ernmentotiicerora farnily member of ihe officer that results in the officer ar family member rec�iving taxa�le incorne, other than investmenl income, that exceeds $2,500 during the 12-rnanlh periad preceding #ha date that the ofificer beeomes aware that {i} a cdntract between th� lacal go�ernmental entity and ve�dor has 1�een executed; or {ii) the local gavernmental eniity is considering entering into a conlract with the vendor; (B) has given to fihe looa! govemment a(fic�r or a family memberoi #he officer one or rrEore gifts 14�ai have an aggregate valu� of more than $100 ir� the 12-month period preceding the date 3he officer �eeornes aware that; (i} a contract beiween the local go�ernmental entity and v�ndnr has been executed; or (ii} fhe local governmentai entiiy is consideting entering into a contract wifh the vendor. Local Ga�ernt�nent Code § t78:006{a)and (a-1; (a) Avendor shall file a completed conflici of int�rEsl quesiionnaire if the vendor has a fi�usiness rela#ionship with aloeal governrnental eniiEy and: {1) has an ernploymen� or other �usiness relatianship with a local gdvernm�nt aificer o.f that locai governmental entity, or afarnify merriberafthe officer, describ�d by Section 176,003(a�(2}(A); (2) has given a local gouernment officer flf that lo�al governmental en!{ty, or a family member of the aiticer, one or morB glitswith the aggregatevalue sp�ciiled 6y Section 176.003{a)(2}(B}, excluding any gif3descril�ec! by 5ection 176.008(a-i}; or {3) has a famiiy relat9o�ship with a(ocal goWernment officerof thai local govern�nenial entiEy, (a-1) The campleted conflicf of inierest qu�stiannaire m ust be flled with the appropriate records administrator not later thar� the seventh business day affer the later nf: (1) the date that fh� vendar: (A) begins discussia�s or n.egotlatiQns to enter into a contractwith the local go�ernrnental errlity; or (B} submits to the local governmental eniity an application, response En a raquest for propasals nr bids,. correspondence, or another writing relai�d to a poiential cnntract witYr t�e lacal governmenlal entEty; or (2) the date the vendar becomes aware: (A) flf an employmeni ar othsr bus9ness relationship with a locai government officer, or a family member of the oificer, described by Subsection (a); (B) that ihe vendar has gi�en one ormare giits described by 5uhsectian (a); or {C} o.f a family reiationship wifh a local gavernrnent officer, Form provided byTexas Ethies Commiss[oit www.stEiics.stata.tx.us Revised i11I2021 ITB 22-4017 Heavy Duty Repair and 5ervices Page 28 af 52 P�TT'ACHM�N7 — B CD�VSI�ERA7IDN OF �.00ATION OF �l[]��R'S PRINCIPAL PL�,C� QF �U5WE5S Section 2-14 of the Fort V1lorth Code of Ordinances authorizes the City Council, wh�n considering competitiue sealed bids, to enter into a cantract for certain purchases with a bidder whose principa[ place of business is in the corporate limits of the City of �ort Worth and whose hid is within 3 or 5 percent af tf�e lowest bid, depending on the va[ue of the requast and goads or services r�quested, if fihe iow�st 3�id is from a business outside the municipality and cantracting with the local bidder wauld pro�ide the best combination nf price and other economic benefits to the murticipality. Requ�sts to be considered a local business must be submitted on this forrn with bid packages ta be considered by fh� Cify of Fort Worth. Questions sho�ald be addressed to the Purchasing staff lisied in the bid or request package. Tf�e Fork Worth City Council requires the following information fnr consideration of [ocation of a bidder's principa] place of business. Add additional sheets if r�eeded to provi�e ihis information. 1. Locationa� Eligibility: Principal P�ace of Business in Fort Worth, Texas. Do yau ha�e a Fort Worth office? If yes, identify address: b, What percentage of estimated gross company sales {worfdwidej are sales originating in Fort Worth7 "Ori�inating in Fort Worth" shall i'nean payable at the For� WorEh office. [must exceed 50%] 2. Economic Qe�elapt�n�nt apportunities resulting from contract. a. Number of F'ort Worth residen#-ernp[oyees? b, Amount of City of Fort Worth ad valorem taxes (real and bus�ness persanal �rope�ty) paid by company (for prior tax ysar — Fort Worth ofFice or farmer locatian, if Fort Worth office is newfy- established)? Cer�ification of information: The undersigrted does hereby affirm that the information supp[fed is firae and correct as of tne date hereaf, under penalty o# p�rjury. (Company Namej (�atey (Signature) (Rrinted Name and Tit[e ) ITB 22-DO'[7 Heavy Duty Repair and 5ervices Page 29 of 52 A'TTACNNfENT — C �IDD��3'S CONTAC7 INFORiVIAT'ION Bidder's Name: Bidder's Local Address: Phone: Fax: Email: IVame of person assigned specifically for this Agreement: NamelTitle Phone: Email: Fax: Name of persons for renewal information andlar billing questions: NamelTi#le Phane: Email: Fax: NamelTitle Phone: Email: Fax: Signature Printed Name Date ITB 22-0617 Heavy Dufy Repair and Services Page 30 af 52 ATTACHM�Ni - D BlDDER'S QLIAf�IFICATiON QlJESTIONNAIRE 1. Has the Vendor e�er defaulted on a Cantract? [] Yss ❑ Rfo 2, Nurnber of years in business under current company name: Years. Please note, it is required to ha�e a rninimum af 2 years, otherwise, your subr�-�issio� will be d�emed as non- respansi�e. a. List any fnrmer names your organization has aperated under and the timeframe: 3. Is your company able to fu[fill the response time listed in section 6.0 if not, why? Please note, that �t is required to ha�e a minimum 24 haurs response tim�. Far the remainder of minimum reguirernen#s, please refer to section 6.0 4. Is the Contractor able to pro�ide certi�cations for their persannel, such as the National Institute for Au#omotive S�rvice Excellence (ASE) or Manufacturer required training, which qualifies the Contractor to per�orm necessary for this ITB? Please nate, we do require you to have an Original �quipment Manufacturer's (OEM) documentatian. ]f you are una6fe #o provide tf�is document, your submission will �e deemed as non-responsive. In order to be considered, you must be qualified. 5. What ty�es of repairs from ihe item list can yau perForm? Please provide a list, If you are unable to provide a repair, pfease state which one and v�rhy. fi. How many people will be on the service tearn to compleCe the requests and fuifil our needs? 7. Doss the� contractor have tl�� ability to ramp up qualified persannel, r�sources and equipment to meet the growing n�eds of the City? If not, why? S. Please provide a detailed explanatian of the methodnlogy you.r firm wi[f use approach to completing repairs. (i.e. what is your process from the receipt of Purchase Order a.lE the way to campletion). Also, please include descrip�i�e details about how you will communicate, how wifl you handle set-backs, what is your process for completing the work on time, if you diseovar there wiil be a defay in s�rvice, how will you overcorrEe this? 9. �oes the service team hold any special cer#ifications that fiurther qUalify you to perform the requirements af this ITB. , If Yes, please list and provide copies of these certifications. 10. Please pro�ide your work history perForming these same services for other Cities ar governmental entities of the same size. {Attach Separate Sheet) ITB 22-Dp17 HeaVy Dufy Repair and 5ervices Page 39 of 52 ,d,TTAC�iMENT E DRA�T S�RVIC� AGRE�M�NY nraft Service Agreement is attached a separate document. IT� 22-0017 Heavy i]uty Repair and Services Page 32 af 52 AiTACHMENT F NO BID SH�Ei (Please complete this form, only if, your firm has chosen nat to submit a bid) Ashley Kad�a, Buyer I! Purchasing Di�ision Fax No. 817-392-8440 E-rnail address: FMSPurchasin Res onses fortworthtexas. ou [f your firm has chosen not to submit a bid for this procurement, please complete this form and sUbmit to: City of F'ort Worth, Purchasing ❑iv�sion 2Q0 Texas Street Fari Worth, Texas 761Q2 {ar fax to above address} Piease check the items that apply: � Do nok sell the item(s) r�q�ired. Q Cannat be camp�titi�e. d Cannot meet the Specificatians highlighted in the attached Bid. � Cannat provide Insurance required. � Gannot provide Bonding required. � Cannot compfy with lnderranification reqwirements. � Job too large. � Job too small. 0 Do nat wish to do husiness with the City. 0 Other reason. Company Name: Authorized Officer or Agent 5ignature: Telephone: (�) FAX Number; (� ITB 22-0017 �feavy �uty Repair and Services F'age 33 of 52 A��AC�IM�NT G BUSINES5 EQUITY UTILIZATION FORMS Business Equity is attached a separate document. ITB 22-4017 Heavy Duty Repair and Services F'age 3a of 52 ATTACHM�N7 H LETT�R �F INTEN7 Letter of intent is attached a separate document. ihis attachment must be campleted only if the Prime Vendor submits a gotid faiih effort. 1TB 22-OD17 Neavy Duty Repair and 5ervic�s Page 35 nf 52 � � - �� � Cg7 � �� � ATTACHMENT F- VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("AgteemenY') is made and entered inta by and betwean tl�e CTTY 4F FORT WORTH ("City"), a Texas hame rule municipal carporation, acting by and througit its duly authorized Assistant City Manager, and [LEGAL NAME OF THE PARTY] ("Vendar"), a STATE R�GISTERED AND TYPE �F COMPA and aciing by �d �hrough its duiy authorized representative, �ach individually referred ta as a"party" and collectiveij+ rafarred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documenis shal! include the following: 1. This Vendor Services Agreement; � 2. Exhibit A— 5cope oi Services; � 3. Exhibit S— Price Schedule; 4. E�ibit C— Ciiy's RFP No. t _ 5, Exhihit D— Contrac#or's Bid Respori�c tu City's Ri�i' I�I�., ; and 6. E�iibit E— Veriiication of 5ignature I�►��tn�rwtq i'r�rin. E�hibiis A, �, C, D, and E, which. ;r� attache.d her����7 and incorporated herein, are made a part of this Agreement for a11 purposes. In th��Cv�-nt �i�3�y cu�F}1ic:t h�Ptween the terms and conditions o�E�ibits A, B, C, or D and the terms and cancii�ions s�+ f�nr�h in tiLe body of this Agreement, fi3ze terms and conditions of this Agreement shall control. 1. Scope.�a#' Services. i.���/IPLE DESCRIPTION OF SCOPE OF SERVICE] ("5ervices"), whi�h are s�t forth in m�re� c��iail. in Exkiihit "A," attached hereto and incorporated herein far all purposes.. 2. Term. This A�a�r;�rrient begins on [MONTH DAY, YEAR] (°`Effective Date") and expires on [MONTH DAY, YEAR] ("Expiration Date"), unless ter�inated earliet in accordance with this Agreement {"Initial '�'erm"). City will have tha option, in its sole discretion, to renew this Agt'eement under #1ie same tez'ms and conditians, for up to (� one-year renawal aption(s) (each a"Renewal Tarm"). 3. Compensafion. City will pay Vendor ir� accordance with the provisians of this Agreemeni, including Exhibit `B," which is attached hereto and incorpQrated herein fo:r all pLuposes. Total compensation under this Agreezxient wi11 not excead Dollars (� .�. Vendor will nat perForrn any additional services or hill for expenses incurred for City not specified by this Agreement tiiz�ess Gity requesis and approves in writing the additional costs for sucll sarvices. City will not be liable for a:t�y additional expanses of Vendor not specified by this Agreement unlass City first appro�es such expenses in vv�•iiing. 4. Termination. IT� 22-0417 Heavy Duty Repalr and Services Page 36 of 52 4.1. Written Notice. C[ty or Vendor may tertninate this Agreement at any time and for any reason by providing tY�e othex party with 30 days' wriften notice of teimination. 4.2 Non-a�propriation of Funds. In the event no funds ar insufficiant funds are appropriated by City in any fiscal period %r any payments dUe hereunder, City will notify Vendor of such occurrence and this Agreement will tat•minate on the last day of the fiseaI period for which appropriations were recelved without penalty or expense to City o�any kind whatsoever, except as to the portians of the payments lierein agreed ugon for which funds have been apprapriated. 4.3 Duties_ and Ohligations of the Parl:ies. In the event that this Ageeet'�ent is terminated prior to the ExpiraYion Date, City wilI pay Vendor for services actually rendered up to the effective date of termination atid Vendor will continua to provide City with services requested by City and in accardance with tlus Agreement up to the effective date of termination. Upan �erminatian of fhis Agreement for any reasan, Vendor will pro�ide City with copies of aIl completed or partially coinpleted documents prepa:red under this Agreement. In the event Vendor has received access to City Information or data as a require�x��;nt to perform services hereunder, Vendor will return a11 City pro�ided data to City in a macl�Fr�e readable format or other format deemed acceptable fo City. S. Disclosure o� Conflicts and Con�'identi�i I�formation. i 5.1 Disclosure of Conilicts. Vendor her��y ularrants io City that V�ndor 1Zas made full disclosura in writing of any existing nr p�tential coi�ili�-is of interast related Yo Vendar's services under this Agreeznani, In ihe event that a�7y, ci,rn�li�ts of-i»L�rest aa•ise after the Effective Date of this Agreement, Vendor Ilereby agrees irninediti+ely t� ri^w�:P #ull disclosure to CiYy in writing. 5.2 Con�deniia� ii7fr�rnatian. �'�ndor, for itself and its vfficers, agen�s and employees, a�raes thai it will treat al1 i�yformaticrn provid�� to it by City ("City Information"} as can�dential and will ilot disclose any s��ch ir.�orir�ti`��ii�rs t�; a third party without the prior �vritten approval of City. 5.3 3's��lic InfornEation,��ct. City is a government entity under the laws af the State af Texas and all di��; �;�nents held �i` r�:aintained by City are subj ect to disclosure under the Texas Public Information Act.ltk �°�+e event Ehr.re is a request %r inforznation marked Confidential or Proprietary, City wiIl pramptly n�Ci'�jl. �'endor, Ii wi116e the t•esppnsibility of Vendor to submit reasons objecting to disclosure. A detartr�ination on whether such reasans are su�f'icient will not be decided by City, but by the Office of the Attorney General of the State of Taxas or by a court of competent jurisdiction. 5,4 Unauthorized Access. Vendar musf stare and maintain City Information in a secure maamer and will not a11ow uriauf.[aorized users to aecess, rnodify, delete or othe�•wise corrupt City Infor.mation in any way. Vendor rmust notify City im�nediate�y if the s�curity ar integrity af any City Infarmatian has �een compro�nised or is believed to have been compromised, in wliich e�ent, Vendar wiIl, in good faith, use alI comrnercially reasonable efforts to cooperate with City in identifying what itaformation has been aceessed by unauthorized means and wilI iuIly cooperate with City to protect such City Information from further unauthorized disclosure. 6. Ra�ht to Audit. Vendor a�rees that City w.ill, until the expiration of three (3) years after final payment �nd�r this Agreement, or the final conclusion Qf any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, ITB 22-pb17 Heavy i]uty R�:pair and 5erviceS Page 37 of 52 papers and records, including, but not limited to, all elec�ronic records, of Vendor inval�ing transactions relating to this Agreeznent at no additional cost to City. Vendor agrees that City wi11 have access during normal working hours to al l necessat'y Vendar 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 ��e Vendor reasonable advance notice of intended audits. 7. indepencient Contractor. It is expressly understood and agreed that Vendflr will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representativa or emplayee of City.. Subject to azid in accordance with the canditions and provisians of this Agreement, Vendor will have tiie exclusive �•ight to control the details of its operations and activities and be solely responsible for the acis and omissions of its off'icers, agents, servants, employees, Vendors, and subcontractors. Vendor acicnowledges that the doctrine of respondeat superaor will not appiy as b�tween City, its afficers, agents, servant� and emplayees, ar�d Vendor, its of�icers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees tl�at nothing herein wi�l be construed as tl�.e ereat�on of a partnership or joint enterprise between?City and Vendar. It is further understood �at City will in no way be considered a Co-ernployer or. {w Joint employ�er of Ver�dor or any officers, agents, servants, employees, contractors, or subcontracto�s.. Neither Vendor, nor any ofiicers, agents, servants, employees, contractors, or subcontractors of Vei��lor wa�1 he entitled ta any emplo}�ment benefts frpm City. Vendor will be responsible and Iiable far aii,y �d all p�3ynsant and repor�ing ofiaaces on behalf of itself, a.rid any af its afficers, agents, servants, em_r�l�yees, con�raeto��s, nr contractors. 8. LiaFailitv a�d �ndemnificatian. 8.1 LXABILITY - VENDD`l� J�'T�i I3F LL��I�"�E AND RESPONSIBLE FOit ANY AND ALL PROPERT �'' LOSS, PRQI'E'RTI' D,-� r��� r*E AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY �4ND �4L� !'ER.SO��S, OF ANY XIND OR CHARACTER, �'HETHER REAL OR A,S��`1_4`�Tf �, TO 7'hCE EXTENT' CAUSED EY THE NEGLIGENT ACT(S) OR OMXSSI4N(i1, �ALFEAS�ie�'�':�' OR INTENTIONAL MI.4CONDUCT OF VEIVDOR, 1'TS OFFIC�'f���, AIC��NTS', �SE,{iVANTS, EIVIPLOF�ES, CONTRACTORS, OR SUBCONTRACTORS $.2 i Ti'VERAL #1�'D�'Af1�rIFICATlON - VENDOR HEREBY COY�NANTS AND AGREES TO� fN'�EMNIF�; ,FIOLD HARMLESS AND DEF�ND CITY, ITS OFFICERS, AGENTS, SER�_�'TS`A1VIl �'MPLOYEES, FROMANDAGAINSTAIVYAIVDALL CLAIMS O�i LAWSU.t'TS OF .-11�Y.��'VD OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYI?fl�IAGE OR LOSS {INCL UDINGALLEG�`D DAMflGE OR LOSS TD i'EIVD�R'S BUSINES'S` A.ND ANY RESULT'ING LOST PROFITSJ A1VD/OR PERSONAL INJURY, .INCL UDING D�'ATH, TO ANY AND ALL PERSONS, ARISING OUT' OF OR IN CONNEC�'1'ON WITH THIS AGR�EMENT, TD THE EXTENT CAtISED BY THE NEGLIGENT ACTS OR OMISS'IONS OR MALFEASANCE OF VEIVDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTi�ACTORS, OR SUBCONTRACTORS. 8�3 INT�'LLECTUAL PROPERTY INDEIVIIVIFICATION — Vendor a�rees #o defend, settle, or pay, at its own cost and axpense, any claim or actian against City for infringenr�ent af any patent, copyright, trade mark, trade secret, or similar property right arisin�g fram City's use of the software and/or documenfation in accordance with this Agreement, it bein� understaod that this a�reemeut io defend, settle or pay will nvt apply if CiEy mod'�f'ii�s or misuses the sof#ware and/or documentation. So long as Vendor bears the cnst �nd e�p+2nse of payment for claims or actions again�t City pursuan� to this sec.tinn, Veandor r�vill have the right to conduct the defense of any such claim or action and all ITB 22-0017 Fieavy �uty Repair and 5ervices Page 38 of 52 negotiations for its �ettlement or compromiise and to setile or compromise any such ciaim; hawever, City will have the right to fully participate in any and all such settlement, negotiations, ar lawsu�it as necessary �o protect City's interest, and C.itly agrees to cooperate with Vendar in doing so. In the event City, for wl�a�ever reason, assumes the respansibiliiy for payment of costs and expenses for any claim ar act�on brought against City for infringem�n� arising under this Agreement, City will have the sole right to condatt the defense of any such claim or action and all negotiations for its �ettlement or com�romfse an.d to settle ar eomgromise any such claim�; however, Vendor will fully partici�at� and cooperate with City in defense of such claim or action. City agrees to give Vendor timely writfen notice of any such claim or action, wiEh capies vf a[l paper� City may recei�e relating ihereto. Noiwithstanding the foregoing, City's assumption of payment af casts or exp.enses will not eliminate Vendar's dniy fo indemnify City under this Agreement. If the so�'tware and/or documentati.on or any part theraof is held to infringe and the use thereaf is enjoined or resteained or, if as a resulf of a settlement or compromise, such use is materially adversely res�ricted, Vendor will, at its own axpense and as City's sole remedy, eitk�er: {a) procure for City the right ta continue to use the software and/or elucumentaYion; or (b) modify ihe safiware and/or documentat�on to make it nan-inf�-in�i��, �provided that such modifieation does not materially adversel� �ffect City's authurized ase af the software and/or documenfation; or {c} replace t$e software ane�{+�r documenis?�ion with �qually suitable, compatible, and functionally equivalent non-int�rin�ing saftware a��lor documentation at na additional c�arge to City; or {d) i�' nane of tI�c f��re�aiu� alternatives is reasonably available to Vendor terminate this Agrecment, and rtl'rr^i# :x�l amounts paid to Vendor by City, subsEquent to which terminatiou City may seelc xny� and a� remedies available to City nnder [aw. Assisnment and Subcot�trattin�, ��� 9.1 Assignment_ 'Jendor will nni «ssign or subcan.tract any of its duties, obligations or rights under this Agrea�i«.��t v,+iilat,�« ��xe p; ior written consant of City. If City grants cansent to an assignirient, the assi�nee �viGl �:xecute a wriiten agreement with City and Vendor under which i�e assignee agre�s t€� he I,v�unil 1�v the duties and abligations of Vendor u�ad�r this Agreement, Vendar will be li�hle for ati ph�.igat�o�s of Vendor under this Agreeinent pz'ior to the effective d�te of the assignm�r�� , 9.2 Sub�nmtr�r,r, Zf City grants consentto a subcont�•act, the subcontractor wi1l execute a vvritten agreement wit�� Vendor referencing th.is Agreement under which subcontractor agreas to be bound by the duties and obIigations af Vendar under this Agreement as such duties and abligations may apply. Vandar rnust provide C.ity with a fully executed copy of any such subcontract. 10. IMsur€�nce. �endor nnust provicle City with certlficate(s} oi insurance docum�nting policies of the following types a.nd minitn,um coverage liinits tliat are to be in effect prior io eommenceinent of any Se�-vices pursuant to this Agreement: I0.1 Coverage and Limits (a) Commercial Creneral Liability: $1,OOD,OOQ - Each Occurrence $2,aao,a00 - A�gregate ITB 22-0017 Heavy Duiy Repalr and 5ervices Page 39 of 62 (b} Automobile Liability: $1,OD�,000 - Each accurrence an a combined single limit basis Coverage will be on any vehicIe used by Vendor, or its employees, agents, or representatives in tl�e course of providing S�rvices under this Agreement. "Any vehicle" vvill be any vehicle owned, hired and nor�-owned. (c} Worker's Compensation: 5ta.tutory limits accarding to tlae Texas Workers' Compensafion Act or any other state workers' co�nper�ation laws where t11e 5ervices are being performed Employers' iiability $100,000 - Bociily Injury by a�citlent; each accidentlaceurrence $100,000 - Bodily Injury b�+ dise�e; �.ach empinyee $500,000 - Bodily Injurv.by disease; �i�:y �imit (d) Frofessional Liability (�Err�rs & �missrons): $1,OOO,DO� - Each C1aim E�im�t $1,000,000 - Ag�regate Lim i1 Professional Liahility cov�r�ig� L1ay be: provided throug,h an endorsement tr� t1�e Commercial ��.iera] Liabili#� (CGL) �olicy, or a separate policy specific to Professlona� F&O. �iiller is ��ceptable if coverage rnaets all ather rec�uirements. Co�+erage�rt7uc+ be•t�l�i r��s-�r�ac3�, and maintained for the dura#ion ofthe contractual agreement a�ic1 fcrr two (2) years following completion of ser�ices provided. An an��;R�� c�r1.i t��tc: iri �nsurance must be submitted to City to evidence covera�e. 10.2 CieneraI Reqt�i�'c,rnents (a) T1�� r.omrnercial general liability and automobile liability polieies must na.�ne Ciiy�� 3s an additional insured thereon, as its int�rests may appear. The term City includes its employees, ofFicers, officials, agents, and valunteei°s in respect to the caniracted servzces. (b) The vaorkers' compensation policy must include a Waiver of Subrogation (Right of Recove:ry) in favor of City. (c} A minimuYn of Thirty (30) days' notice of canceIlation or redLtction in limits of coverage inust be provided to City. Ten (10) c�ays' notice will be acceptable in th� event of non-payment of premium. Notic� must be sent to the Risk Manager, City of For� Worth, 200 Texas Street, Fort Worth, Te�tas 76102, with copies to the Fort Worth City Attnrney at the same address. (d) The i�surers for a11 policies must be licensed and/or a�praved to do business in tlne State of Texas. All insLvars must haVe a minimum rati�g of A- VII ITB 22-0017 Heavy Duty Repalr and Services Page 40 of 52 in the current A.M. Best Key Rating Guide, ar har�e reasonably eq�ivalent f nancia� sh•ength and solvency to the satisfaction of Risk Management. If the ratin� is below that z�equired, vv�•itten approval of Risk Mana�ement is required. (e) Any failure on the paxt of City to request required insurance documentation will not canstitute a waiver of the insurance requireinent. ( fl Certif cates of Insurance evidencing that Vendor has obtain�d all required insurance will be delivered to the City prioz' to �iendor proceeding with any work pursuant to this Agreement. 11. Campliance �vzfih Laws, Ordinances, Rules and ReEnlatians. Vendor agrees tl�at in tY�e performance af its obligations l�ere�znder, it will comply with a11 applicable federal, state and Ioca! laws, ordinances, rules and reguia�ions and that any work it praduces in connection with this Agreement wiIl also comply wit11 a�l applicab�e federal, state and local l.aws, ordinances, rules and regrilations. If City n�tifies Vendor of any violatian of such laws, ordinances, rulas or regulatinGiS. 'i7endor must im�x�ediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, far itself, its p�:��s�nal representatives, �ssigns, cont�•actors, suhcontractors, a.nd suecessors in inter�st, as �a��s c�f the eonsiderati�7� herein, agrees #hat in the performance of Vendor's dutie� and obligations heretinat�r, it will not discrimznate in the trea�nent or emplayinent of any individuaI or �roup of individuals or� ;�a, w�a�is prohibit�d by law. IF ANY CLAXM ARISE� FROM AN ALLEG�D V�OLATxON OF THIS f��QN-D�SCRIlVIINATIOIV COVENANT B� VENDOR� ITS $ERSONAL RLF��C;;ilti:�NTATIV�S� A,SSIGNS� CONTRACTORSy SUBCONTRACTORS, QR SUCC��SORS IM1 Il�!'!"1��1{�k�T, VENDOR AGREES TO ASSUME SUCH LLA,BILITY AND TO XNDEIVINiI<�y AND`I}H;l+�E11t1] �ITY AND HOLD CiTY HARNII�E�S FROM SUCH CLAIM. I3. Notices. No�ices a-, c�ui��ed pur�;�atjt � to the provisions of this Agreement wilI be conclusi�ely deterinined tn have bee�, d�livered when (1) hand-delirr�red to the othsr party, its agents, emplayees, ser�ants or rc��r�senEa'�iues, {�l deli�ered by facsiinile tivith electronie confirmatian of the transmission, or (3} re�c.iv�d by tha {��Fher p�tr:��t�,y by L7nited States Mail, register�d, return receipt request�d, addressed as follows: T� CITY: To VENDOR: City af Fort Worth , Aitn: Assistant City Manager , "Z'itle 200 Texas Street Fort Worth, TX 76 1 02-53 1 � Facsimile: (817) 392-8654 Facsimile: WiYh copy to Fo1�t Wart�a City Attorney's Offic� at same address 1�+. Solxcitation of Emplovees. Neitlier City nor Vendor will, during the terir, of this Agreement and addifionally for a period af one year after its terrnination, solicit far emplo}nnent or e.mploy, whether as employee or independent cpnY.ractar, any person who is or has been employed by the other dur[n� the tei�m of th�is Agreemen#, without the prior written consent of the person's employer. ITB 22-Q017 Heavy Duty Repair and Services Page 41 of 52 Natwithstanding �he foregoing, this provision will not apply to an emgloyee of either party who responds tn a generaI solicitation of advertisement of erriployment b� either party. 15. Governmental Powers. It is understaod and agreed that by execution of this Agreetnent, City does not waive or surrender any af its go�er�unental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upan the performanee of any term or pro�ision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendnr's raspective right to insist upon appropriate perfor�nance or to asseri any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the 8tate oF Texas. If any action, w�ether real or asserted, at law or in equity, is brought pursuant to this Agreemeni, venue for such action wi11 lie in state courts Iocated in Tarrant County, Texas ar the United States District Caurt for the Northern District of Texas, Fort Warth Divi�ion. I8. Severabilitv. If any provision of this Agreer��i7t ;s heId to be invalid, iIlegal or unei�forceable, the validity, legaliiy and enforceability af the rer��i�ing �rr��visions vvill not in any way be a£�eetad ar ixnpaired. 19. Force Majeure. City and Vendor will�xercise tli��r best efforts to meet their respective duties and obligations as set fo.rth i� tivs Agreement, but wi lf n+�i be held liable for any delay or omissian in performance d�.e to force majeure or other causes beyoncl ti�eir reasonable control, including, bui not limited ta, compliance with any go�ernrnent IavtF, �}�^cii��;jnre, a�� a+e�zi�a#ion; acts of God; acts of the pu�lic enerny; fires.; strikes; lockouis; natural disasters; 1V�3i5; rl�ts; epi�iernics or pand�mics; �overnment act�on or inaction; orders of government; m�terial or f��or restr�etions by any govarr�mental autharity; transpartatinn problems; restraints or p�o��ibi�i��ns by any court, board, department, commissian, or agency af fhe United �tates or of any States{ i:ivil disi.tirbances; �+her national or regional emergancies;. or any other similar cause zzot enumerat�d he�rci�X hut ��1��'s�:l� is lac}��nd �:he reasanable contral of the Paz�ty whose performance is a£fected (coll.ectively, "�� s�i��.e Majeure Event"). 'The performance of any s.uch obligatinn is suspended during the perii�rl �!: ;rnd npE�r �ro the extent of, such prevention or hindrance, pravided the affected Party provides i��wtice �.f t�ie ]=�r�e Maieure Event, and an expIanation as to how it prevents or llinders the Party's pex�'nrif.ance, as st�o�t as reasonably possible after the occurrence of tk�e Force Majeure Event, with the reasonable,�cs�, of s��cl7 ri�?tice to be determined by tk�e City in its sale discretion. The notice required by this section rnusC bc� :���tressed and delivered in accordance with Section 13 of this Agreement. 20. Headin s na.t Confrollin . Headings and iitles used in th'rs Agreement are for referenee purposes only, wiI1 not be deemed a part of this Agreeinent, and are not rntended to define or Hrnit the scope af any provision of this Agreement. 2l. Revie�v of Counsel. The parties aclrnovvledge that each party a.nd its counsel have reviewed and revisad this Agreement and that the normal rul�s of constr�ction to the ef%ct that at�y ambi�.tities are to be res.nl�ed against the drafting party will not be e�nployed in the interpretation of this Agreement or E�ibits A, B, and C. 22. Amendments / Modificatinns./ ExEensions. No amendment, mc�dification, or e��nsian 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 he executed in ane or mare counterpat�Ys and each ITB 22-0017 Hea�+y �ufy Repair and Services Page 42 of 52 counterpart will, for all purposes, be deemed an original, but all suc}� couriferparts will together constitute one and the sa.zne inst��um.ent. 24. Warrantv o� �erviccs. Vendor warrants that its ser�ices wi1l be af a lugh quality and confonn ta generally preva.ziing industry standards. City must give written notice of any breach af ihis warranty within thirty (30} days from tlie date that the services are completed. In such evenf, at Vendar's option, Vendor will eiti�er (a} use commercially reasonable efforts to ra-p�rfoxtx� the servic�es in a manner that cnnforms with the warranty, or {b) refund the fees paid by City ta Vandor for the nonconforming services. 25. Immi�ration Natianality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Elig�bility Verification Form (I-9). Upan request by City, Vendor will provide City with copies of a11 I-9 forms and supporting eligibility documentation for each ernployee who performs work under fhis Agreement. Vendar must adhere ta all Federal and State laws as we[l as establish appropriate procedures and controls so that no services will be performed by any Vendor eir.�l�iyee wha is not legalIy �ligible to perform such ser�ices. VENDUR V4'ILL INDEMNIFY CITY A7�T1 � F��LD CITY HA121VII,ESS FROM ANY PENALTIES, LIABILITIES, OR LOSSE� DUE TO ��1(7i,AT1[�NS OF THIS PARAGRAPH BY VENDOR, vENDQR°S EMPLOYE�,S, CDNTlL4�CTORS, �LrB�ONTRACTORS, UR AGENTS, City, upon written nntica to Vendor, r�ill have t��e rxght to immediaE e�y, ierminate this Agreement for �iolations af this provision by Vendar. � 26. Own�rship af Work Praduct. City will be �Et� sale and exclusive ovvner of all reports, work papers, procedures, guides, and docuinent<<! i�r�,� it�a+ are �reuk'ed, published, displayed, or produced in conjunation with the ser�ices pro�ided under ihis ��;ree�n�n� {�n1l�ctively, "Wark Prod��eY'). Further, CiTy will be the sole and exclusive owner of a1,1. �opyriglz ; i��tunt, �rademark, trade secret and other pz'oprietary rights in and to the Work Praduct. O�i�iletsi�iip, of th�; 1,'Vork Product will inure #o the benefit of City fi'ozn the datc of conccption, cr�ation ��� F�xatinr, r�f Yh� 17vY�rk Product in a tangible medium of axpression (wkucl�evar oceuz•s first). Each copy�ei�htal�l� ��p�cf of xl�ie Work Product will be considered a"work-made- for-hire° within t11e meaning of the �o�yi�ight Act of 1976, as amendad. If and to the extent such VJork Praduct, or any part thereRf, is �to t� c�nsic�e�•d a"work-made-for-hire" within tlie meaning of the Copyright Act af 1976, as amende�i. Vendor h�i��by ex�essly assigns to City all exclusive right, titIe and interest in and to the Work Producz, tuld all copies :hereoi, and in and to the copyrigllt, patent, trademark, trade secret, and al.l other proprietary ri�l'i�ts therein, that City may have or obtain, without further consideration, free fi�oin any claiin, lien for ba1a�-����diie, {yr rights ofretention thereto on the part of City. 27. Signature Authoritv. The person signing this Agreement h�r�by warrants that fhey have t11e legal authority to e�ecute Y��is Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resoIution, ordinance or other autharization of the entiiy. Th3s Agreement and any amendanent 1lereio, may be executed by any autharized representative of Vendor. Eac11 party is fully entitled to rely on these warranties ar�d representations in entering into this Agreement or any amendment hereto. 28. Chan�e in Cn�npanv N�me or Ownership. Vendor inust nntify City's Pu�'claasing Manager, in writing, of a company naine, ownership, or address change %�r the purpose of rn�intaining tipdated City records. The president of V�ndor ar authorized off cial must sign the letter. A letter indicating changes in a company name oc awnership must be accompanied witl�, supporting Iegal dacumentation such as an updated �V-9, documents filed with the state indicating such change, copy of the board of direcfor's resolu#ion approving the actian, or an executed �nerger or acquisit�an agreement. Failure to provide the specifiad documentation sa may adversely impact future invoice payments. ITB 22-0017 Heavy duty Repair and 5ervices Page 43 of 52 29. No Bovcott of Zsrael. If Vendor has fewer than 10 employees or this Agreement is fnr Iess than $10a,000, this section does not apply. Vendor acknowledges that in accQrdance wiih Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a cornpany for goods or services unless the contract contains a written verifica�ian from the coinpany that it: {1) does not hoycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycatt Israel" and "company" has the meanings ascribed to ti►osa terms in Sectian 2271 ofthe Texas Government Code. By sign�ng ihis Agreement, Vendar certif'ies that Vendor's si��ature provides written verification ta tihe City Ehat Vendor: {1} does not boycott Israel; and (2) will not �oycott Isracl dnring tihe term of the Agreement. 30. Prohibitian on Bovcottin€� Ener�v Comuanies. Vendor aoknowledges that, in ac�ardance with Chapter 227� of the Texas Government Coda, as added by Acts 2021, 87t11 Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that k�as a value of $1�0,0�}0 or more that is to be paid wholly or partly from public funds of the City with a campany with 10 or more full-time employees unless tha caniract conta.ins a written ve���f�cation from th� company that it: (1) does not boycott energy companies; and (2) will not baycott en���.J�° companies during the term of the contract. The terms "boycot� energy connpany" ar�d "company"���:�ve �l�� tre�ning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by�.'cts 2021, R7tC� Leg., R.S., S.B. 13, § 2. To the extent tl�at Chapter 2274 of the Government Code is �p�plicable to thia ,�,��reament, by signing this Agreeinent, Vendor certifies that Vendor's s'tgnatuxe pr�ui �es wr.i� [�:n verification �o the City that Vendor: (1) daes not boycott energy companies; and (2} wi�l not bayccti z,nergy companies during tl�e term of this Agreement. 31. Prohibitio� on Diseriminafion A�ainst �irc:�r.n� and Ammunitinn �ndustries. Vendor acl�owledges that except as other�vise provided by t�i;�t�r 2�7r+ of the Texas Gavexr�tnent Cade, as added by Acts 2021, 8'1th Leg„ R.S., S.B. 19, ,�"*� l, ����. rity ss �.rohibited from entering inio a contract for goods or services tl�at has a value af $100,04(� ,�.s' ma:'� t�at is lu be paid wholly ar paxtly firom public funds of i�re City with a company with 10 or m�irc rtill tilne �rripl�syt��s unless the cantract contains awritten verification frorn tlae company that it: (1) does nc�r kiave a practice, policy, guidance, or directive that discriminates against a firearm entity or �ir�:t�rr� �radc a�soclation; and (2) will not discriminate during the term of the contract against a firear.m entity or ��t_axm tr�de association. The terms "discriminate," "�irearm entity" and "firearm trade ass��iation" have tkk�: medning ascribed to those Yern�s by Chapter 227� of the Texas Government Code, as addcd i.,;� ,Acts �0�1, 8?th Leg., R.S., �.B. 19, � 1. To the extent that Chapter 2274 of the Government Code is ap�xl#r.al�j� to this Agreement, by signing this Agreement, Vendor certifies that Ve�dor's signature provi�ies wrii�wn �s�erification tv the City that �Fendor: (I) daes not have apractice, policy, guidance, or directive that discriminates against a fire,arm entity or �irearm trad� association; and (2) wil.l not discri�minate against a�rearm entiiy or firearm trade associa�ion during the ferm of this Agraement. 32. Electronic Sienatures. This Agreement may �e executed by ejcctronic signature, which will be considered as an ariginal signaiure for all purposes and have tile same force and effect as an original signature. For these purposes, "electronic signature" means elect�onically scanned and frans�nitted versions (e.g. via pdf �le ar facsimile tt•ansmission) of an original signature, or signatz.�res electronically inser�ed via software such as Adobe 5ign. 33. Entire ofA reement. This Agreement, in.cluding all attachments and e�ibits, contains the entire understanding and agrea�nent between City and Vendoz', their assigns and successors in interest, as ta tl�e matters contained herein. Any prior or conternporaneous oral or vvritten agreement is he�•e6y declared null and void to the extent in confliet with any provision a�this Agreemenf. 1TB 22-DU17 Heavy Dufy Repair and 5ervices Page 44 of 52 IN WZTNESS WHER�OF, the parties hereto ha�e execut�d this Agreement in multiples. CITY OF FORT WORTH: By: Name: '�'itle: Assistant City Manager Dat�: , 20 APPROVAL RECOMNiENDED; By: Name: Title: ATTEST: By' — Name: Title: City Secz•etary ,1�1 ' vElvnoR: r sy: Name: Title: Date: , 20 CONTRAC'I' COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and adminisfration of thas contract, including ensuring all performance and reporting requir�ments. By: Name: Title; APPROVED A� TO FORM AND LEGALITY: Bv; Namc: Ttfl�: Assi�tant City Attorney C{�[�l`C'T�rA.CT AUTHORrlATXON: N18iC: I{orrn 1295; lTB 22-pD17 Heavy �uty Repeir and S.ervices Page 45 of 52 EXHIBIT A SCOPE OF SERVICES � . � ITB 22-�017 Heavy Duty Repair and Services Page �48 of 52 EXFIIBIT B PAYMENT SCHEDULE > � iTB 22-0017 Heavy Duty Repair and Senrices Page 47 of 52 EXHIBIT D VERTFICATI�N OF SIGNATURE AUTHORITY Execution of this Signature Veri�cRtion Form ("Form") hereby certi�es that the fallawing individuals and/or positions have the authority ta legally bind Vendor and to execute any agreament, arnendment or change order on beha.if of Vendor, 5uch binding authority has been granted by proper order, resolutian, ordinance or other authorization pf Vendor. City is fuI1y sntitled to raly on the warranty and representation set fortli in this Form in entering into any agreement or amendment with Vendor. Vendor wi11 submit an updated Form within ten (10} business days if there are any changes to the signatory authority. City is entitled to i°ely on any current executed Form Until it receives a revised Form that has been properly executed by Vendor. Name: Position: Signature 2. Name: Position: �� Y Signature 3. Name: ,� ���'� Positian: . 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O � � � L Q � � I�4 I� �� N i � N � � � �� � U �' � a� � � a� � � � . � � � � � � � � � ��,e� •N � `� W -� Q O � N u�i � fi "� � � � ,C ' N rUn � � m aL... � .� 'O O � �' N � � � � ���� p � `1 O � � � � N � [� ,C 7 � p � � � � 43 � p � � ` L = o ? � � � � � o vi � v � C L � � O O � � +��+� O �� � O C � € w O � � p � � � � � N � � � � � L C 0 }` f6 Q) .� � � U � � L '� U nE�,�� � � E � n � � � t y' � � ..�r. f4 � U � � •` L � � � � � c L p` O O � � � U � .�w � �' W C� O d � � � � � � � � � � '� � �+ .� � � � � D (�Q C � 4l C L � :..� � �� � � U p � � .� � � f6 O -� � � ++ 'C p, C � , M. � � � � � � � � � � 0 � � fn `� � [� •V� — � c°O N u'u�i�E .��c�"L � p I�4�� a N +� Q L � ��.�r L�' 4? aO o oU^ R.� � U � � � � [6 � � � ;�'L �.� o� r vi � � �, � o���—°�'.� �,���E� i � � � � � N ' u. p � � � � o � � ` � � � O � V � -�? a`�i ,E � E � V+ o .� N a N -O -� Q � � Q � O O m � �- D 'O � r ,a Q} C G i � � �- � � O L4 Q- Q? C �7.. C"''.= � (� � � C � � L C � U U C � O �. � G L U � N y.�- � .L7 U L L N � � � � � V � � C f� O��� �� � � � � ,N � N O � v � _ E� ��Q�ia � (A 4- (�S � N N � � � � � V AN � � "�' A � � 'L7 � u3 = O W U � � � tn � Q1 y, W � � O ` � f!1 � O N Y � � � Q- � � C ��� ��u1 N L � � � p � � � � C � � cu N Q- CA [6 V .0 � •� U � O � � � O � � 61 � Ul � 7+ • C W � p] � :� � � � C � c6 E'� o � � tiS ,C `� O m � � ~l�.. R� � � � � d � 6 �`-' i6 � � � N � � � � � ¢ m � "� � 'sa m � t� � w o d � � � � � Q � � IB � � N � � � � � � � W � a � � a c> O N N N o °O � N �� 4 7� � m wQ a z � C � � a. � �� P o� � � d a� z h 0 N Nm F� G P .� .� 0 � � LIl � � N C m � i y C � o � �� � a � � � �/�\ Y � U d��' 0 � � o ml N z m�� E�� � _ r cti •� ao Owa EXFIIBIT D VENDOR'S BID RES�ONSE TO CITY'S RFP No. �2-04I7 {T�enc�or's Eirl Respanse to City's RFP No. 22-0017, Pages fallaw) Vendor Services Agreement G�apevine DCJ, LLC Page 24 of �5 o��r'�o��rH� ��i��� ��� � Eventlti Page c�saai-2z-a0i7 �. �vent Raund Version 1 1 Event Name IT8 Heav FSUt. R�? dir and SeYViC6 5tart Time W Finish Tlme i2 ns�zoz� oB.:.nn:oa cs� oi�a��ao22 13:30_60 C5T lnvited: i�UBLIC EVE�VT DE7AILS Submit 70: City af Fort Wo�th FINANCIAL MANRGEEVIENT SERVICES �'I NANCE - Purchasing 200 %xas 8t. (Lower Level, South) F'or� Warth TX 76102 Unifed States EmaPl: FMSPurchasingFtesponses�fo�two�#htexas.gav �ven# �escription Th� City of Fort Worth (C1ty) seeks bids tQ finalize an annual agreement with mu[tiple vendors Fnr repair services for City owned heavy duty vehicles and equipment and tv estabiish an Annual Agreement to provide Original Ec{ulpment M�rrufacturer (O�M) Authorized Serv�ce Faclfities for th� Prop�rfy Management Department (PMD) on an as needed as specifled in th9s invitation to Bid (ITB.} Terms & Conditio�s AU campanfes!€ndividuals wishfng to dq business wlth the City of Fo�t Worth must register as a B€dder on the R�opieSoft Supplier Portal. Please vl�i# hi�ps:!lwiww.fartworthiexas,gavldepartrnentsl�inancelpurehasing/register for more inforrr�aiion. Assigned Buyer. Ashley Kadva ihere wilf be a pre-proposal conferer�ce held an pecember 23, 2�2T at 2:4D PN[ Locatinn: Cr�y Hall 20a 7�xas St Ftaom 380, 3rd Floar FarE Worth, Texas 76102 6ids are solic�ted for fiumishing the merchandise, supplies, serv�ces andlor equipment as sef forth in this saiicitation. Cornpleted Bids inoluding oRe execuEed origin�I and one USS �lash drive conta€n€ng sfectranic verslons of a!I bid daaurrsents m�st be reaelvad in #he Pur�hasing I}avls€on by 1:3Q P.M., f3ecember 96, 2021, and then pub[icty opened and read aloud at 2:0o P.M, in the Council Chambers. Bids must be submitted in a. sealeci envetnpe WITH THE k�IR NUMBER WRlTTEN Oi� TI-iE DLi'i5ip� QF THE ENV�LDP�, addressed ta the Purchasing Manager. YOUR B#D MUSi BE RECEiVED �Y 7NE PURCHASfNG OFFfCE AND TIME S7ANlPED PRIqR TO 7H� 1:30 �EADl.INE !N QRDER TQ B� CONSIDERED. Bids shatl be mailed orhand delivered ta the foilowing address: City oF Fort 114larfh, f'urchasPng Di�isian, Lower Leve1, Ciiy hlall, 20D Texas Skreet, Fort Worth, Texas 76142 Bids delivered by special courier (i.e. Fed�ral �xpress, 5pecial belivery eto.� are to be marked on the outside of the C�urier's shipping envefope "BI[7 Na. 22-0017, {TB - Heavy DuEy Rep�ir and 5�ntia�" AND (v1U57 BE REC�IVED BY THE PURCHA51t�G OFFIC�AND �'IM� STAMPED PR�Q�7'O TFiE 1:3Q b�ApLfNE ihl DRDERT4 BE CONSIDERED. l.ate bids wil� be re#urned ar destroyed; they will not ba opened nor considered in #he evaluation ofi the bid. Bids may be withdrawn at any time prior to the o�icial opening. Bids rr�ay nat be altered, amended or wiihdrawn after the o�cial opening. The undarsign�:d agrees, ii the bld fs accepted, �o fumish any and all items upon whlch prices are offered, at t�e prfce(s) and upon the terms, conditians and scopelspecifications c�ntain�d in khis d4cument. Th� period for accep#ance of fhls bld wiil be 120 aalendar days affer the bfd opening dafe. Sal'raitalion l7ocumen#s: 7. j Cover Page 2. Bid 5ubmission Signature Page"" 3. Bid Solicita#ion** �4. Part 7 - Instructians 5. Fart 2 Scope of Servir.eslSpecifications 6.) Attaehmen# A- Gani�9ct of Ir�leresi aisclosure Re�utrement** 7.) At�chmen# B- Vendor's Coniact InfarmatEon 8.) Attaahment C- Considaration of Location of Bidder's Principal Ftace of Business�"( if applieable) 8.} A[tachment �- Reference Shee# 9.� Attachment E-17etailed ScoAe of Services 9. Atfachment F- Draft Ser�iees Agreement, attached as a separate documEnt ""k�ec[uired to be Cpmpfeted and submitted. See Section 94.2, Part 1 f.ar all required documents that neec! ta be submi#ted_ �ailure to submit aif items wil! be grounds for rejection ot a bid as nan-responsive to the spec9ficatians. !76 22-D017 Heavy Duty Repalr and 5erwices Page 1 of 52 Fo�� t+�oxxxa �F �I�] �U�I�I��I�� ���f�1�T'�Ji�� ���� EvanflD Page Ce�rro���2-a0 i 7 � �vent Round Version 1 1 �vent Hame — -- 'C8 F3ea �uCv it�taair and Servi.ce LStatt 7irrte Finish �me l2/15 2921 DS;pO:pp CST Ol/OG/2022 13:30:00 CST Invited: pUBLiC EVENT aE7AILS Submit 70: Cl#y of Fort Worth FlNANCiAL MAIVAGEME�T BERV[C�5 FIiVAlVCE - Purchasing �00 %xas St, (Lov�ar Le�e1, South) ForE Warth TX 76942 United States Email: FMSPurchasit�gResponses(�fortwortF�texas.gav T�e undersignecf, by histher signature, represents that heTshe is suhmitiir�g a binding offer and is authorized to bind the respondent ta fully eompiy with the salicitation document containeci }�erein. The Respondent, by subrr�ikting and signing below, acknowledges tha# helst�e has receiued and read tYre entire document packei seetians defined above inc3uding ail do.c�anients incnrparated hy reference, snd agraes to be bound by the terrns therein. Legal Co.mpany Name: C� ���.1 �� i-�-�� �L�- Campany Address: 2� �� � 1 i�l.l pn� (��- Cliy, State, Zip: � t'� �G��}+� � � �...,. � �'� L� � Vandor Registration 3Vo. E'rsnted Name of �ffcor or Authorized Repr�seniative: � 'f��L�,L'S ��M•'� 1�"Z � _ Title: CJ'1 L ��I �:�� 5igneture o€ Officer ar Authorized {�epvesentative: tieEe: 1 5 �z2. �� :� Emall Address: `s R-t`�+�►1.� �- ��•�1 }'C-��11 snlC � C J. GE7+1/I PhoneNumber: ��� - ���` ��3� �ederal [dentificetion Number(FEDj: �� � �i ��J � � � WlII agreement �ea�allsble for Coopera��ve f�yrzement use? Yes� No ^ 1TB 22-Op17 Meavy puty Repair and 8ervices Page 2 of 52 �o��� ���J ���#�ITATi�i� �vent.ID __ _ �— Yage C�'Pt01-22-0417 3 Event Raund Versinn ' 1 1 �vent Name � ITB Heav 13uL fte i and Se�vice 5tartTime FEnish'I'ime � iz i5�zo�i oa..00:ao csT ___ a��o6�2azx, i3:aa:oo cs� _ Q#ry� _ Unit UnitPrice Total 40D0_00 HE2 Line: 1 E7escri tia�: .___ Q llnit UnikFriae Tot�l �iagnoslicl�valuation Fee 1000.00 E,4 ��� ��� �� Rine: 2 �escription: �,_ Q Yf Unit UnitPrice _ Tolal Shnp Hnuriy Rate, Mon-Fri 7:U0 am -9:30 pm � 4004.Op HR �` � 4`� • . t�0 �.��,�: a DescripHan; Houriy Field Rate, Mon-Frt 7.U0 am -3:3fl pm Line: 4 �� � �� Ievited: PUBLIC EVENT Q�TAlLS Submit To: City of Fort' Worth FINANCIAL NI,�INAGEME�lT SERVICES FENANCE - Purchas.ing 20Q Texas Sf. tLawer Level, South) Fort WOr#h 7X 76102 United States �mail: FMSPurchasingResponsesQforiwprthtex�s.gnv it�on Fee (PicEc-up & [?eEivery If apptEcahle, Round Trip � ��� ��} ��� Line: 5 Description: _ Qhr 13nit Uni#Price Totgi Drivetrain and Transmission Repairs - — ❑rivetrain (CEutch Asser�bly, �lyv�rheel, eta) 100D.00 HR Non-Warranty haur]y labor rate (1 Ton & C]ver; ��—� Er- 9� f+� Including SpsoidlEy 8� Off Road Equlpment) � �_ `�';_ L`�> �i �ine: 8 descripkian. ___ Qty Unit UnitFrice Total Tranamission ([Viain, TransferCase, Chain xnd — — Final Drives} Non-UVarraniy hourly i�bar rate 1000.00 HR (1 Ton & Ouer, InciurEing SpeCiafty & Off-F�aad t � Equipment) �1 � � � �'ir'� � Linet 7 Descri�#ion_ _ _ __ Qlv LJnit �ngine Repairs Er�gine AnaEysis Non-iNarranty 1000.00 HR hourly labor rate (1 7on & Over; Including Spsaiaity & qff-Road �quipmantj tine: 8 �. .. .,� ignitton, Lfghts, �tc) Non-Warranty hourly 9D�.4o HR lahor rate (1 T'on & Over; Including 5pecigliy & Dff-Road Equtpment} _ UnitPrice Tota! 1 �-�' _ i � � � UnitPrice Totaf �� rin� I "� ITB 22-0017 Neavy Duty Repair and Services Page 3 of 52 FD���� �i� ��L����,�TI�N EvenEiD � + � Rage CFSVOI-J2-pD17 y �vani Raund llersion � 1 � Event Name TTB.Heavv Du�y Renair and 5ervice Sfarf Tme Flnish Time z.li5�zoza �s:oo�.�so_cs� oiio��zo�? xa;�a;oo csT _ . __ UnitPrice €ma�l: FMSPurehasingResponses@iforiworthtexas.gov Line: 9 Power Al�nt (Engine, Belks, Heads, Intake. Re4uflding, etc.) f�on-N+larranty hourly labor rate (7 Ton & Dver, Incl�ding Speciaity & Off-Road �qulpmant) 800,00 NR � � Line: 10 Desori tPan: „R Qty Unik Exhaust and Emissions liepairs to Include APF artd SQR Cleaning -�xhausE 3ystem hilaintenanca and Fiepair �[on-Warranty hourly lab.ar rate (1 800.00 HR Tnn 8� Over, Including SpecialEy 8� Oif-Road Equlpmentj Line: 11 Aescri tion_ q �nf� Fuel 8ystem N�aint�nance and Repair 660.00 1�R Non-Warranty haur[y ia6or rate (� Ton 8� Qver; Ineluding Specialty & +Dff-Road Equipment} Invited: PUBLIC �1/�NT QETAI�S Submit To: City af Fort Warth �Il�EANCIA� MAA�AGEMENi SERUiC�S FWANC� - Purchasing 2D0 Texas St. (Low�r L�vel, South} Fort Worth iX 76902 Unit�d SEates ��� 1��t�o� _ _ 7otal � 11 � G�v _ UnitPrioe Tqtal ����� � �� Line: '!2 E7escri tion- �_ Gl_„j,t r Unit _� llnitPrice TaYal General Vehicle Repafr (Spring, Artisc.} A�tomobile and dther Passenger Vehicles Nlaintenance (�fai Otherwise Classified} 20��.OD i1R Non-Watrarsty hourly Iabor rate (1 Ton & Over; Including Specialty & Off-Road �quipmenk} � ! '��'� �! �i� i> �ina: 13 17escription: 4tv Un�t UnitFrice %tai Customizing Services, Vehicla {Including - Armoring of Vehicies, Fiandicapped and Van Con�ersians, etc) Nan-Warranty houriy labvr 20D.40 HR rate ('f Ton & Over, fnciuding SpeciaEty & �� Off-Ftoad Equipment) � Q[�L� Line; 14 pessription_ Genera! Maintenanae and Repair, VEI11Cl2 iiVO� Othenvise Glassitied) to in�lude d[I Ghanges, �ubrication, etc (1 'Fon & Over, [nc;uding Specialiy & Off Road Equipment} _ Qty _ilr�it �_GnitPrice T %tal 20D0.00 hiR � IL �� ,�! D rx�Q R.ine: 15 Descri tion: UniE llnitPrice TnEa� Automative Machine Shop Servioes Nort-War�anty 44U.00 HR Houriy La6or Rate {1 Ton & Over, Including Specialty & Off-Road �quipmertt) ��' �� � Lirte: Z6 Deseription: C��t+ Unit UnitPrice Total Trailer f�taintenanae and Repair (Npt Othenvise '� � Classifiedj �[on-Warran;y hauriy laborrate (1 7d0,00 HR %n & Over; Includjng Specialty & Off-Road � Equfpment) � � � {� j �` a IiB 22-pU17 Heavy Duty Repair and Servicas Page 4 of 52 ORTV�OT�TH� �I� ��L�����aT'�ON Eventl� Paga CFWUl-22-0017 5 Event Etound Versian 1 1 Event Name IT Heauv Dut.y Repair and Sexr+ice Start Time �inish iimc 1/35/20?1 Q$:OO:OD CST 01ID6 202� 3�3;34•Ob CST Lfne: 17 dtheruise Classifisdj Non-Warranty labor eate (4 Tan & Over; IncEuding � & �f� �iaad EqulpmQnt) Li�e: 18 ..�..,. ,.. ..r.. .�- � VentilatEon, ete. Cooting, Neating, and Ventiiaiing System (A/C 5ystem, Ftoses, Vdater Pump, Radiaior, WeaEer &Aecessories, Ventilatian, etC} (1 Tarr & Qver; Ineiuding Specialty & Off Road Equip.ment) 'E50UA� HR lnvited: PiJBLIC EVEN� �ETAlLS Submit To: City of Fort Worth FINANCIAL MAiVAG�MENT SERVICES F1�4A�fCE - Purchasing 200 7exas St. (�.ower Level, 5o�ath) Fort �lUorlh �'X 781 p2 Unitad States EmaiE: FMSPurehasingRespor�ses@forfwnrfhtexas.gov I� Z�� �`vQ �aoo.oa HR ��'l� '�' � [7l"� Line: i9 Oescri tian: Q I�nit lin[tPrtce %tal Vehiole Radiu, SpeaEcers, Maln#enan�e and � �" Rt?pair, inCluding specialty & aff-Road SOQ.�4 HR Equipment Hourly Labor Rafe (1 Ton 8� Over; t„�.� fncludin.g Sp�tia[iy & OfF-Road Equipment) � � l.ine: 20 De&cr�i tion: QtY Unit ___ l]nitPrice __ __ Tot�l Re3rofitting Vehlcles to Reduce Emissions & 7ao.aa HR Improve Air Quality fiat rate tee {1 7on & `� r�� ��� dver �ncluding Sgecialty & Off-Raad � E Line: 21 DesCriptiam Qhf Unit UnitPriC6 ,,,` .Tatal Wheel, A1lgnment, Suspension, �tsar �nd, �;c, 1200.U0 NR RepairAlignmer�tand WheelBalancing �+ � (inCluding Frant-End Repairj fla# ratefee � "t � (?U� Line: 22 �ec�aciption. , Qtv Ll��t _ lJnif�rice ,_ Tntal Suspensipn (Axles, Springs, 3t2ering, etc) 'k2�0.00 HR flat rate fae (1 Ton & av@r, Including � E� r' + L! �� 5pecialEy & Off-Ftoad �quipmentj l I Line: 23 Whesl BaEancing �lat Fee Rate fnCluding SpeclafEy & 4ff-Road ��? ��� �' I Line: 24 Descriqtion: _ Qty,_ Unit UnitPrfae Tata! _ Wheel Maintenance�and f2epair Fiouriy Labor 400.00 Hft Rats (1 Ton & 4ver, Including 5pecEaliy & I'� 4`� �, aff-fioad Equipment) ! li'8 22-OU17 Neavy duty R�pair and Services Page 5 of 52 L7A1 �YVi�l n �I� ���l�IT'�T#C�N EventlD Page CFW471-22-p017 � �vent Round tlersEon � ]. �vent Name IT Hpav Uut; Re air �nd $ecvi.ce Start Time �tnfsh � �n�� l lis�2�2]. as:00:on es2� 0��o6/zoz2 13:3o:od csx Invited: PUaLIC EVEiU7 ��TA{LS SuE�mifi 7a: City of Fort Warth FtNA€VCIAL MANAGEMENT SERVICEB �INANCE - Purchasing 200 Texes St. {t�awer Leve[, Snuth} Fort Wo�th TX �6102 United Sta#es �mail: FMSPurchasingResponses@fnriwor#htexas.go� Line: 25 Description: . Cl�t r Unit UnitPrice iatal Vehicls Reconditionir�glRefurbisMing Services �' 1040.OQ MR IVon-Warranty Haurly LabQr Rake (1 %n & Over; � �j � (U� lncluding Speoialty & Off-Road Equipmont) i ]� Line: 26 Descrlptian; Qly Unit UnifPr€ce 7otal Parts- Cas# Plus (�) _� Qercent of 'Manufacturars Lfst price' goQ,pp Eq (Apply Mark Up Percen#aga Bid to $3UO.OD To ObFain CorrecY $um. ExampEe: 3Q0 x90'/o = 3A, ��� '�� u Lina: 27 nsscl'f,�ion: _ Q 11niE Hose Repairs andlor RepEacement (Nlonday - 336.p0 !iR Friday hehveen 7:30 a.m,-9;30 p.m)8illsd to Ute nearest quartar o£ fhe hour Lfne: 23 �?ESCFI Eien: Q Un7t Hase Rcpairs ar�dlor f2eplacement (ARer hAurs 336A0 HR Friday at 8:31 pm - Monday at fi:59 am) eilled to ihe nearest quarter oE the hnur Un itprice Totai ' ` �—J.--i � � Utl[iPl'iCE "j�O�al �.{ � �('� �� Li ne: 29 Descri tiar�: qt� Unit_ UnEt?rice 7otai After Hours Field Rate, Mon-Fri 7:00 am -9;34 � 475.6fl HR ' - pm Line: 3D �eseri tion: Qty �ni� Shop Hourly Labnr f�ate, After Hours, 1a75.tl� HR � T'm Molidays, Weekends _ � � � �� -� _ UnitPrice Totai �� � Total 6€d Amount: �•�� � t�f A bid af "4" (zero) will tie interpreted by the City as a no-charge (free) item and the City urill nqi �xpeot tv pay for thai ilem. A bid of "no bid" or na respons.e (space leit blank) wfll be interpreted by the City ihat fhe Offeror does not wish ko b1d on that stern. 8e advised, a"nn bid" ar na response may be considered as nan-re5pansiva and may resulE in disqualfficatian of t�e bid, ITS 22-OD17 Heaay Duty Repalr and Services Page 6 of 52 ��Rr - � 11�STR11C71Ui�5 1.0 �OLICIiATION 1,'f t�eview of bocumenis: Bfd�ers are expected to exam}ne a11 docutnents that make up the Soiicitation as well as any adcienr3ums. Bidders shal! prampt[y nafifiy fhe Ciiy af any omisslQn, aml�iguEty, incansistency or errorthat they may discaver �pon examinatinn of the Solicit�tion by ihe deadline for questions listed in Section 2.G, Part 2. ihe City assurnes no responsibility far any errors or misrepresenta#ions ihat cesuit firom Bidders not using tf�e complet�d Soficitation docurnent and addendurns. 1.2 Location n# Documents: 5olicifatians are issued by the Purchasing. Division. 7he locatian for the Purchasing bivisinn are specified in the advertisernent and on the first page of the salicitation. 2.0 �XPL�►NAiIDNS. �L,4f�I�ICA�'fOt�5 UR QUESiIQNS 2.1 Any explana#ion, elari�ication, or questian desired by a Bidder regarding any part of th� Solicitation mUst bE requasted in writing from the Purchasing division by the question deadline Eisted in 5ection 2.0, Part 2, s.o fhat a written addend�m car� be post�d before the suhmission deadline. [nterpretations, correcfions, or changes to fhe Solicitaklan made in any ather manner ar� not bind�g upon the Ciiy, and Bidders shall naf rely upon such inf�rpretations, �arrections ar changes, Oral explanations or instr�ctians given �efore the award af the Contract are not binding. 2.2 IRI ORC}ER FOR QU�STIOf�S TQ BE ANSW�RE�, ALL QLIESTIONS MUST BE HAND DELIVERED �R 5�N7 �Y E-MAIL B�FL7RE i'HE QUESTION DEADLINE AND MUBT BE ID�.�TI�I�D AS F'OLL4INS: 2.2.� Alf explanation, clarlfca�ian ar questions must eEeariy ideniify tha buyer's name and the bid nurr��ier on the documsnt ar on the subJect linE, if Y�s+± hv and email. For examp��: "Attention: Buyer nam� and Bid No: XX-XXX"_ If the t�vyer's name �tnd �id number is �ot inclut[ed as specified �bov�, the c�uesfion{s1 wilf NOT be answered. 2.2.2 Dellvery of q�restions bY: 22.2.1 Hand Delivery —�ort Warth City Hafl, Purchasing Division, Lo+tuer Levei, 2d0 iexas Street, Forf Wor�h Texas, 76102. 2.2.2.2 Via Ernaii — FMSPurch�sinqResponsesCa7forEwarfht�xas.qov 2,2.2_2.1 Pfease not�, if an e-mail confirrning recsipt of your e-rrtail is not received within 1(one} business day, please con#act the City o# Fort Worth Purchasing at 817-392-2462. 2.3 Interpretations, carrectinns, or changes to the Solici#ation made in any other manner are not binding u�on the C€ty, and Bidders shall nat rely upon such interpreiat€ons, corrections qr changes. �ral explanations or iRstruc#ions given before khe award af the Conkraci are not �inding. 2.4 Any material information given to one eidder cancerning a Solicitation will be furnished by an Addendum postecE an kh� Ciry's wsbsite under the aarrespondfng bEd number. 3.p U�IAUTHORI��� ��MM�IHICA'TI01V5 —�id�iers' cantact regarding tllis Invitation to Bid (17B) with employees or officiafs of the Ciky other than the Purchasing Manager, the �usiness �quity Division, ar as ofherwise indicated in the ITB is prahibited and may result in ciisqualifcation from this procurement process. Na officer, employee, egent or repres�entative of the Respondan# shaff h�u� any contac# or IT8 22-0017 Mesvy Dury Repair and Senrices Page 7 of 5z discussion, verbal or wr�tten, with any members of the City Councii, City stafF or City's consultants, or dir�ctly or indireckly thraugh others, seek to influence any City Council memb�r, City sfaff, nr City's consultan�s regarding any mafters pertaining tn this solicitation, except as her�in provided. Any �ioEation of this prohi�ition may result in i�e Respondent being disqualified from the procurement process. Any oral cornmunicatians are considered unofficial and non-hirtding vsrith regard to this 1TB. 4.Q PREBID CONF�REtVCE — A�re-b(d conference and site visit wil[ be heid at 3:00 PM, Thursday, December 23, 202T at City Mall, 2Q0 Texas Street, Room 38�, Fort Worth, TX 76� Q2. �aifure ka attand the pre-bid conference wilE impact a patentiaf �lendor's abiiiiy to submit a fully ir+farmed and eompetitive bid response. io join the Pre-bid Via Webex, pE�ase see Cover i�ag� for details, 5_0 PREPARATI�N QF BIpS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated. Prices or Percent Marku s submifted on ather than the forms inciuded in the Snlicit�tion shall be considered non-respansi�e. ���� 5,2 Any attempt to alter the warding in the Solicitatian is ineffective and wi[I result in rejection of the Bid. fi.0 QUANTIT�S - 7he quantifies listed on the bid solicitation are anly estirr�ates based on previous usage and do not indicate intent to purchase or a guaranfee of future business, The City af Fort Warth is abfigated to pay for anly those maierials and services actually ordered by an authorized City erxtployee and then received as required and accepted by the City. 7.0 TAXES - Purchases af Gnods or Servic�s fqr City use are usually exer�-tp# frorn City, State, and most Federal Taxes. Bids may not incfude exempted taxes. The successful Bidder shoulr! request a Tax Exemption Cerfificat� from t�e Purchasing �ivision. Under no circcamstances shall the City be liable to pay faxes for which the Gity has an exempfion under any Contract. 8.� D�FINITIONS 8.7 Brand Nars�a or Equal: lf the Solicita#ion indicates brancE name or "equal" products are acceptable, the Bidder may offer an "�qual" product and must be prepared to demonstrate those fea#ures ihat render it equaL Finai deterrnina#ian af a product as "equal" remains wlth the City. 8.2 Delivery Tim�; �]eli�ery time, if s#ated as a numb�;r o# days, will be based on calendar days, Time is of the essence in any Ciiy purchase. If the indiea�ed date cannot be met or Yhe date is not indica#ed, the Bidder shafl stafe its bes# delivery time. 8.3 Free on Board {FQB) Point: �reight Terms shall �e FOB Des#ination, Freight Prepaid and Allawed. 7�nis means the Vendor or Shipper owns goods in transit and is liable for deliuery to the point of destination. $.3,'! The Vendar or Shipper is responsible for filing any claims with the deli�ering carrierfor breakage or other �oss and for any darnage resulting fram transportatian. 8.3.2 The Bidder sha�ld quate its lowest and best pr�ce, with #he goods delivered to #he �lace speciFied, at the Bidder's expense and ri5k, and their tender d�li�ery to the City. 8.3.3 Bids ofiferin an other delive terms are not acce table and ma be caus.e for re'ectiot�. 9.Q PRIC�SIPERCENTAGE MARKUP 9.1 Bid prices and percentage markup (if a�piicable) shafl be fiirm nfFers unless otherwise speci#ied. Pricing and percentage markup (if appficable) shall l�e enfered on the Bid Offer Sheet. 9.2 In the e�en# of a discrepancy between unit price and extended price, #he urtit price shall govern. 176 22-4q17 Heavy Duty Repair and 8ervicas Page 8 of 52 9.3 Prices shall be offered in the pollars of the United States of America (or decir�tal fractions thereafi�. 1Q.0 51G[VA741FtE - The �idder must pro�ide a wet signature on each docum�nt in #h� 5nlicatation requiring a signature. Any change made to the Bid must be init[afed by the Bidder. '11.4 PROPR1�cTARY 1fV�01211AATldlV SLIBfl111TTL� 1hi THE &lR � 9.1 Atl material submitted to the City b�comes public property and is subject ta the Texas apen Records Act upon receipt. 1'f .1.1 If a 8idder does not desire pr�prietary information in the bid to be disciased, each page must be identified and marked praprietary at firrEe of submittaf. The Cify wi�l, fa th� ejctent aflowed by law, endeavor to proteat such Information from disclosure. If a Public Informatian Request is m�de far Bidder's proprietary information, #he Bidder will be notified sa thattt�ey can submit a letter ta the Texas Attorney GeneraE. The final decision as ta informafian thaf musf be disclos�d iies wifih the 7exas Attorney General. 13.1.2 Faiiura to identify praprie#ary inforrnation will result In alf unmarked sectEons being deemed nan-proprietary and avaiia�l� upon public reqt�est. 12A �I� �'R�PARATION C�Si'S -AI{ eosts associated with preparirtg a Bid 9n response ta a Salicitation shall be bvrne by the Bidder. 13.� RAYMEW7S 13.1 Alf p�yment ierms shall be "Net 30 �ays" frorn the dat� the �ity recei�es a c�rreot lnvoice. 13.2 Successful bicid�rs are en�ouraged tq register for direcY deposit payments prior to prouiding goods andlar services using fhe forms post$d an the City's website at ht#ps•/lwww fortwqrtk�texas.govldepar#mentslfinancs�urchasin�/ach ��.o su��issroM sa� �ias 14.1 Bidders shall submit #he following items with their bid: 14.2 A comple#ed and s.igned original Bid Submission Signafure page; 94.3 A compleied Bid 5olicitatiQn_ 14.4 Si�ned Addendum(s) acknawisdging receipfi. 14.5 Ali items Ifsted in Section '14.0, Bidders Qua(ificafions; ParE 2 'i4.6 A campleted ar�t! signed original Conflict af interest Questionnaire, Attachrnent A; 14.7 A com�leted Cvnsideratinn of Locat'r.on of Bidde�'s Principal �'I�ce o� �usiness, Attacl�ment B, if applicable; i4.8 A compfeted �idder's Ct�ntact Ir�forrrsa#ion �orrn, Attachm�;nt C; 14.9 A campfeted Sidder's Qualification Q�estionnair�, A#kachment D; T4.90 A compieted Business Equify Utilization Farm, Aitac�rnenf G; 1�4.10.1 ihe L�iker af Intent (Only if the Prime Vendor submits a ganc� faith effort). Attachment H; !T8 22-DOii Heavy Duiy Repair and Servtces P�ge 9 of 52 � 9�4.11 Docurrtenta#ion and cer�ifica#ians neaessary to per€orm work on City vehicles and equipment. This includes akl cartifications, such �s the National Institufe for Automnti�e Service �xcellenee (ASE) or Manufacturer required training, which qualifies the �endor to perForr►� said work. T4.12 Lis# of materials, taols and equipmen# necessary t� perforrn repairs to ciiy vehicles and equipment. 94.93 Scanned copy of ail dvcuments [isted in paragraph 14.'1 in flash drive. 14.14 I�ocumentation showing cnmpany has been in the market p[ace for a minimum oF#wo y�ars (i.e. Secretary of Siate). 14.95 Bidder shaif pro�ide a minimum of three (3} reFerences from projects similar in nature, s�ze and scop� compfeted pr unde.rtake in the past fhree years. LetEers shall includ� ths fo[lowing items. 14.15.1.'I Campany let#erhead, including contact infarmation. 14.15.1.2 �iumber of years working vvith Firm. 14.15.1.3 Brief explar�ation of custamer's satisfaction anr! recammendation of Firm. Please pro�ide a rating of 1-5. One (1) being unlikelyto recommend and unsatisfi�d, and �ve (5} being highly satisfed and high[y r�commended. i4.15.i.4 Brief explana#ion an iikeliness to vkrork with �irm again. One (1) being unlikely to contin�� to ��e Firm and fi�e (5) highly lik�ly to use Firm again. 14.2 Any ot�er document included in the Solicitation requiring corrtpletion or execu�ion by the Bidder. '1�.3 Failure to subrriit all th� items listed in Sec#ion 14,2, Par# 1 wila be grounds for rejection of a bid as non-responsive to the specifications. 9 5.0 LAT� 81D5 15.1 Bids must be receiusd in the PUrchasing Division prior to the bid submissian cfeadline, All Bids recei�ed afi�r #he submission deadline are considered late and wiil be �'eturned to the Bidder unopened. 152 �urchasing's tirrre stamp cl4ck is the ofiFicial time of record. However, if i�e time stamp is not avail�hle or braken, the date and time wriften an the bid receipt by purchasing siafF shal[ be the time of record. 15.3 It is the sa[e responsibility of the Bidder fo Ensure tim�ly deli�ery nf the B9ci to tne Purchasing Di�ision. ihe City will not be responsible for faifure of service on the �ar� of the U.S. Fasta! Office, courier companies, ar any other form of delivery service chosen by the 6idder to de[iver before the bid due da#e a�d tim�;. 95.4 Bids deli�ered to a City location other t�an ihe Purchasing bi�ision wil! not be considered. The Bid musf be received by the Pur�hasir�g Divfsion and stamped befar� deadline to be considered. 16.0 MQpIFICAiION OR WITHI�RA{NAL OF B�DS '16.9 Madifiaation of Bids: Bids may be modified in writing at any iime prior fo the bid submission deadline. 16.2 Withdrawal af Bids: Bids may be withdraw� in wri#ing, nr by facsimiie (provided that the facsimile is signed by the Bidder) at any time priar to fhe bid submission deadline. A Bid may also be withcErawn in persan by a Bidder, provided the withdrawaE is made prior to #he bid submis�ion deadline. A receipt of withdrawa! musf be sign�d by the Bidd�r. No Bids may be 1T8 22-Oa17 Heavy Duty Repalr and Servir,es Page 1 D of 52 withdrawn after the t�id submission deadline without farFeiture of the Bid guarantee, unle�s there is a matErial error in the Bid. Withdrawn Bids may be resubmitted, with or withauf modifcatians, prior to the bid submission deadlir�e. The City may require proof af agency from the person withdrawing a bid. 17.0 OpEHING DF �[DS The Purchasing Divlsfon representati�e responsible for opening Bids sha[i personally and publicly open a[I Bids firnely received, reading each bid afoud. 18.0 �VALUATION FACTDRS AN� AWA�Q 18.7 �va[uatian. Sidders mayfurnish pricing for afl orany portion ofthe Solicitatian (unless otherwise specified)_ Howe�er, #he City may �valuate and award the Contract for any item or group of items shown on the Solicitation, or any combination deetried most advantageaus to the City. Bids that specify an "all or none" award may be considered if a singfe award is ad�ar�tageous. 18.2 Av+rard. "Cfi�e Method of Award is detailed in 5ection 4, Part 2. (Note: A Bidder thaf daes not earn at [east 50°lo af the technical poinfs will be deem "non-responsive° and vuill nat l�e awarded a contract.� 18.3 Accepiance and Award af Bid: Acceptartae and award of a Bid wiil be in the form of a Purchase Order or a Contract. Subsequent Purchase Orders may be issued as appropriate. The cantents of a Bid Response shall become a part of the Cantraci. llnder no circumstances will th� Cify be responsible for Goads or Seraices prp�ided without a Purchase Qrder issued by the City. 19.0 RESERVATICiNS - The City expressly reserves #he righf to: 99.1 Specify approximate qua�tities in the Soiici�ation; 99.2 Extencf the Solic9tation opening date and time; 19.3 Consider and accept alternate Bids, if specified in the Solicitatio�, when most advantageous to the Gify; 19.4 Wai�e as an informalify, minar deviatians from specifications provided they do not affect competitian or result in functional[y unacceptable goods or services; 19.5 Wai�e any minor informalify in any Bid or Solicitatiqn procedure (a minor informafity is o�e #hat does not af�ect the competiti�eness of the Bidder); 19.6 Add additionaf terms or modify existing terms in the Solicitation before the bid submission deadiine; '19..7 Reject � bid because af unbalanced unit prices bid; 19.8 Reject or cancel any or al� Bids, 19.9 Reissue a Soficitation; 19.10 Procure any item by other means; andlar 19.11 Award ta mulpple �endors on a non-exciusive awa�d basis, or prirnary and secondary vendors. ITB 22-0017 Meavy Dufy Repair and Serviaes Page 7'i of 52 20.0 POS�f'.�I� D�CUM�f�lT'S f�QU1RED FROM BID�ERS 2_0.'I Cer#ificates o# lnsurance: Whan insurance is required, #he successful 8idder must pro�ide Ce�tifcates of Ir�s�ranGe in #he �mou�ts and for the cnverages required to the Purchasing O�ce within 14 calendar days after natification of award, or as o#herwlse required by fhe Solicitation. 202 E3usir��ss Equity 13ivisian Documents: If a 8usiness Equity gnal has �een estabEished for t�� bid, the applicable documents must be submitted E�y all bidders wishing to con#InUe In the bid eualuation process within iwp (2) City business days after the bid opening date, exclusive of tl�e bId open€ng daie, ka the Clty location specifierf in the bid, Biciders sFtall o�tain a receip# from the app.r�priaie department as evidence th�t #he City received the docu��ntation. 20.3 C�rtificat� of In#erested Parifes Form 9295; Ifi#h� P�rchase Agr�err3ent must be a�proved by the C€ty Councfl bef�re execution, t�e successf�E bidder is required ta cflmp[ete the Certificate af Interesfed Parties Form 'f295 and submi# the farm to the f�urchasing can#act (isted 'sn the saAcit�tion befare the p�rchase%ontract will be presented to fhe City Council. Th� form may be cornpleted at htt s•.,__� .I/www,ethics.staie.tsc.uslwhatsnewl�[€ info form1295.hfm. 24,0 F'RU7�ST F�ROCEDUR� 21.1 Vendors uvho respor�d #o Invitations #0 8Id ha�e the right tn protest t�e solicitation process or #he i�id avvard if f�rey befieve that there has been any impropriety or unfair crlt�rla in the prqcess. �'1,2 The 1lendor must submit any protes# in writing Eo the Purchasing Manager wlthin �f4 days after the Vendor knows, or should hx�e knawn, of th� facts relating to ti�� proposed action ar award. 2'!,3 The f'urchasing Manager, or d�signee, is autE�orized to resalve a protest concerr�ing a purchasing ac#ion through telephane d�scussions, mai(, e-rnai[ or in person meetings v�ith the �rntesting Vendor. 21.4 After cEiscussians or meetEngs, the Purchasing il+lanager or desigrtee will issue a decisfon in uvritin�, stata the reasons far iF�� action taken and inform the �rotesting Vendor of the right to review by e panel rrrade up of City sta�f. 2�.5 A City protes# review panei will consist of an Ass€stant Ciiy Attarney, a representative nf fhe opera#ing department, the Purchasing Manager and any other appropriate personnel or em{�loyees of the opera#in� departrr�er,t. 29.6 If the panei [s ur�ab�e to reso[ve the protest, or if fhe pahel makes a decisinn vuith which the Vendor does not agree, the protesting Vendor will be invited ta ait�nd the Gity Councll meeting at which the reeomrr�ended award is to be presented to the City Gouncil and make knawn his/F�er coneerns. The protesting Vendor will be instrucfed to arriv� prior tp the start of the City Co�ncii mee#mg and complete a card requesting tQ speak concerning the particu�ar Mayor and Councii �amtnunlcatlon document (M&C) in question. 21.6.1 Vendars wisf�ing to speak before the City Counci� shauld review the rules for registering to appear before City Council tocated at: http:/fFortworth#exas,qovJcitysecretarvlinfo/defauEt.asox?id�2914 on the City's website. 22.Q CQQp�Rp;TIVE P1��2CHA51NG 22,'1 Sha�ld other governmant�i enti#ies deeid� ta participate in this contract, Bidder, s�all indicate in t�eir propQsaCs whether fhey agrEe that a�i terrns, conditions, speci�catlon, and pricing wauld apply. 22.2 If the succeSsful �idder �grees to ext�nd the r�sufting contract #o other governmenYa� enti#i�s, the follawin� shall apply: Gavernmenka[ entities within utilizing Cantracts wiih the Ci#y of Fort Worth sha[I de eligibfe, �ut not obligated, to purchase materiaUservices under #hi� confract(s) awarded ITB 22-0097 Heavy b�ity fiepair and S�rviees Page 12 of 52 as a result of this solicitation. AA purchases by govemmental entfties other than the City of Fort Warth shaN be billed directly to that go�ernrnental entify artd paid by that governmentaf entity. The City of Fork Worth shall not be respansible for another gavernmental entity's debts_ Each go�ernmental entity s�all order its own materiallservices as needed. 23.Q I�IGHT TO INVEN7IDNS MADE UI�f�ER A CONTRACT OR AGREEMETIT If fhe Federal award mee#s the definition of "fundlr�g eCFR — Code of Federal Regulations agreement" under 37 CFR §4012 (a) and the recipie�t or sub recipient wishes to enter inia a contrac# with a small business firm ar nanprofit organization regarding the substitution of parties, assignment or perfor�nance of experimental, �e�elopmental, or research work under that "fundir�g agreement," the recipient ar sub recipient must compiy with the requirements of 37 CFR Part 401, "Rights to Inventions Mad� by I�onprofit Organizations and 5mall Business Firms Under Government Granis, Contracts and Gooperative Agreements," and any implementing regulations issued by the awarding agency. 24.D D�BARM�NT ANb SUSP�NSIOK Per F�cecuti�e Orders 12549 and 12689, a canfract award {see 2 CFR �54.220} sha11 not be made to parties list�d on the government wide exclusions in the System for Rward Management (SAM), i� accordancs with the OMB guicfelines at 2 CFR 180 that irnplement Executi�e Orders 42549 (3 CFR part '�986 Comp., p. 189) and 12689 (3 C�F2 part 1989 Comp., p. 235), "�ebarment and Suspension." SAM �cclusions contains the names of parties debarred, suspended, or otherwise exeluded by agenci�s, as well as parties declared ineligibEe uncier statutory or regulatory au#horfty other than �xecutiva Order 12549. 25.0 CLEAI� AIR ACT ANR FEDERAL WATER PO�LUTIOH CON7FZ�i. ACT Vendar shall comply with afl applicable standards, orders or regulaiions issued pur�uant to #he Clean Air Act (42 l�.S.C. 74�1-7671q) and ihe Federal Water Popution Control Act as amended (33 i1.S.C. 125�- 1387). t/iofations must be reporked to the Federal awarding agency and the Regional Office af the Environmental Protection Agency (EPA). 26.0 BYRD ANTI-LOB�YING AM�NaMENT f31 I1.S.C. 73� Vendor shall cQmpfy with a11 appficable standards, ordsrs or regulations issued pursuant to fhe Cfean Air Act (42 U.9.C. i409-7679q) and the �ederaf Wa#er Pollutian Control Act as amended (33 U.S.C. 126'I- 13$7}. Violafions must be reported to fhe Federal awarding agency and the Regiona� �ffiee nf #he En�ironmental Protection Agency �EPA). 26.1 Firms that apply or bid far an award exceeding $'[00,000.00 must fle ihe requirec! certification. �ach tier certifies to ihe tier abave that it will not and has not �sed Federal appropriate� funds to pay any qersan or organiaation �or influencing or attempting to influence an officer or emplayee of any agenGy, a member of Cangress, oifiicer or employee af Congress, or an employee of � mem6er of Congress in con�ection with abtaining any Federal cantracf, grant or any �#her award covered by 34 1J.5.C. 1352. Each tier must al5o disclose any [obb�ing with nan-Feder2! funds thaf takes place i� connection with Qbtaining any Federal award. Such disclQsures are farwarded iram tier to �er up to tF�e nnn-Fedaral award. 262 Sidciers shall prov[de proof pf Byrd Anti-LobbyEng Amendment certification filings with their bid, if the bid exceeds $100,000.00. 27.0 PROI-f�ITfON DN BOYCO`fTING EI�ERGY COMPANI�S Vendor acknawledges that in accarda�ce with Ghapier 2274 af the Texas Government Cocie, as added by Acts 2021, 87th L.eg., R.S., S.B. 13, § 2, the City is praF�ibited from enteri�g into a cantract for gonds or servicas that has a value af $100,D00 or more kha# is to be paid wholly or p�rtly from public funds of the City with a company with TO or mnre ful�-iime employees un[ess the contract contains a writ�en verification frarn the corrtpany that it: (1) daes not boycott energy companies; and (2) uvill �at boycott energy companies during the terrr3 of the contraet. The terms `boycoit energy compan�i' and "company" have 17B 22-a0'f7 Heavy Duty Repair and 5erviees Page 13 of 52 the meaning ascribed fo those terrns by Chapter 2274 of the iexas Government Code, �5 added by Ac#s 202'l, 87th Leg., R.S., 5.6, 13, § 2. io the extent thaf Chapfer 2274 of the Go�ernmen# Code is appGc�bl� to this Agreement, by signing this Agreement, Vendor certifi�;s fhat Vendor's signature provides writt�n verification ta the Clty that Vendor: (1) daes nat boycaft energy companies; and {2) wil! not boycott er�ergy companies during the term of fhis Agreement. 28.0 Pf2C}HBITiaN ON DI$CRiMINATION AGAIiVST FIREARM AN� AMMU�![TION INDl1.5TRIES Vendor acknowl�cEges that except as otherwis� provided by Chapter 2274 of the Texas Government Code, as added by Acts 2Q2'f, 87th Leg., RS_, S.B. i9, � 1, the City is prohibited from entering into a con#ract far goods or services that has a value of $140,Q4Q or more #hat is ta pe paid wholly or parfly From public fund� af the City with a company wit� 40 or more fulf-time employees unless the contraci contains a written verification from the compa�y that it: (9) do�:s not have a praciice, pol�cy, guidance, vr directive fhat discrimin�tes against a fire�,rm entity or firearm trade association; and (2) will not discriminate during the #erm pf tF�e contract against a�rearm enUty or firearm trade assaciation. Th�; terms "discriminate," "firearm entity" and "firearm trade association" have the meani�g ascrihed to thosa terms b.y ChapteT 2274 of tF�e iexas Governmen# Code, as added by Acts 2021, $7th Leg., R.S., S.B. 19, § 4. Ta the extent that Cha�7ter 2274 of the Go�eenment Gode is applicahle to this Agreement, by signing this Agreement, Vendor cer#ifies that Vendor's signat�re provides written veri�ioation #o the Ciiy that Vendor: (1) does not ha�e a practice, policy, guidance, or directive €hat discriminate5 against a firearm entity pr fiirearm ir�de association; and (2) will not discriminate against a firearm entity or firearm trade association durir�g the term of this Agreemen#. ITB 22-00�7 Heavy puty Repair and Services Page 94 of 62 PAR7 - 2 D�TA[L�� SCOP'� OF 5€RVICESlSPECIFiCATIONS �.o scoP� 1.1 The Gity of Fort Workh (Giiy) s�eks bids fv finaEize annuaf agreements with mu[iiple �endors for repair services for City-owned hea�y d�ty vehicles, fawn, and marine equipment and to establish an Annual Agre�ment to provide Origina) Equiprnent Manufacturer (OEM) Authorized 5ervice and lndependent Service Facilities Agreemenf forthe Property Mar�agement Department (PMb) as specified in this In�itatian to Bid (IiB.) 1.2 The successful bidder(s), knnwn hereafter as "Contractars"1"C4niractors,° will be respansible for pe�fiorm hea�y duty vei�icle repairs and services #or approximately 3,OQ0 on road and 1,60a of- ro�d vehicles and equipment. 'I_3 The Term af the agreement shall begin on the date stated in the coniract ("Effeeti�e �atej and shall expire one year fram the effecti�e date, unless te.rminated earlier in accordanee with the provis�ans of this ,�qreement. �"his agreement may b� renewed under the same terms and conditions far four (4j additional one-year periods, unless the Contractor �rovldes tE�e other party with notice of non-renewal at least 54 days before the expiration of the initial term or renewal p�rind. 1.4 The Property Management Repartment (I'Md) shali ufifize this Agreement for service, repair, m�intain and purchase af paris for a variety of heavy dufy vehicies, lawn, and marinE eq�ipmeni an� for a variety of manufac�urers in #he City �leet on ar� .as needed basis. 1.5 Fa[iowing the award additional serrrices of the same general ca#egorythat could have been encampassed in �he 2�ward of this Rgreement, and fi�at are not already on the Agreement, may be added based an the discount bid and price sheet provided with tf�e bid. �,6 linit prices shaA include all eosts associated with fhe specified work, [ncluding but not limited to handling, delivery, f�e[ charg�s, fees and certfications fees. No additior�sl charges wikl bs accepted or paid by the City. 1.7 A[f items supplied resulting from tf�is bid sha11 be af recent production, unused, and suitable for fheir intend.ed purpose. 1,$ The submission af a f�id by #he [�idder shall be considered evidence af compl�ance with #hese requirem�nts. 2,0 TENTA7 IV� SCHEDULE �� EVEiV75 TASFC aA�� ITB Release Date f�eeember 15, 2021 Pre-Bid Conference December 23, 2d�1 3:00 PM Deadline far Quesiions December 27, 2021 at �PM L.acal Time Answers Posted �7ecer�6er 31, 2021 ITB Responses Due �ate AT 1:30 p.m. (Local January 6, 2022 Time ITB 22-0017 Heavy �uty Repair and Services Page 45 of 52 3.Q CHAfVG� !N COMPANY NAME OR OWNERBHIP - The Vendor shall natify the Ci#y's Purchasing Manager, in writing, af � company name, nwnErship, ar address change for the purpose of mainiaining updated City records. The president of the company or authorized o�cial must sign fhe letter. A letter indicating changes in a oompany nam� or ownership must he aocompanied witl� supparting le�al doc�amentation such as an Updated W-9, documents filed with the state indicating such change, copy of the board oi directo�'s resol�tian approving the action, or an executed merger or acquisition agr�emeni. Failure to da so may ad�erse[y impact future involce payments. 4.0 METH�b OF AWARD 4.1 Bids wil� first bs evaluated based upon bids received from a respansible bidder that presents the besf value to the City. A responsible bidder is defined as a bidder that suf�mits a compl�ted �id package wlthin the stated deadl[ne and in accordance with the bid specificatians. 4.2 Bids that do not receive 50% or more of the total available poin#s, excluding #he ppinis for price, wiU be �e�med non-responsive. 4.� The following criteria will be used to determine the bes# value: 4.3.1 Cost of servfce — up to 50 �points. 4.3.2 Availability of resaurces to perfarrti services, with qua[itied personnef per sec#ion 5.4 — up to 20 paints. �F.3.3 ContraCtor's quaiifiCation and ceriification per sectian 6.Q — up tp 1 Q points. 4.3.4 Experience working with ga�ernment/similar si�e organization — up to 1 p poin#s. 4.3.5 Ability io meet the Business Equity goai of 23°/a— up to � Q points. 4.4 !n order forthe City ta receive adequate coverage on its requlrements as specified in #he solicitation, the City reser�es the right to mak� mu!#iple awards, 4.5 The Gify reser�es the right to accept or rejec# In whal� or in part any or all bids received and ta make an award on the basis of individual item, combination of items, or o�erall bitf, as it is deemed in the best interest of the City. The City also reserves the rignt to reject the bid of a bidder who has pre�iausly failed to perFarm �t'operly or complete on time agreaments of a similar natur�. 4.6 The City reserves and si�all be free ta exercise the righf to evaluats bid in relation to performance recard of bidder with the City itse�F, another municEpai corparation of like size, or private corporations during th� past two-year period. Such precautions are deemed to be in #he pub�ic interest inasmuch as Vendor faiture or inabiiity to furnish items within the pr�scribed ti�ne can create emergency situations and impose unnecessary hardshi� an both the City as a municipal corporation and #he public at Earge. 4.7 The eva[uation factors listed above wiil be applied in a cnmparati�e manner to ali eligible, responsive bids. Award may b� made without discussion with Bidders after bids are reoeived. Bids shoulc4, therefore, be submitted on the most fa�orabfe terms. 4.8 Cansideration of Location of Bidder's Principal Pfaee of Business, Attaci�ment B, if applicable; ITB 22-0017 Heavy Duty Repair and 9eroices Page 16 of 52 4.8.1 If Aitachmertt B. Laca1 Preference is compieted by any bidder the City will review the Attachment to deterr�Ene whether local prefer�nce will apply to the award. 4.9 The City also reserves the right to rejeci the bid of a bidder who has praviously failed to perForm pro}�erly or cornplete on tim� agreements ef a similar naiure. 5.0 C�NTRACTOR REQUIR�M�NTS IN ORbER FOR TH� BEQ TO BE �VALUATED 5.1 1'he Gontractor shall: 5.1.9 Have a minimum of 2(two) years of experienc�: conduc#ing serv'ices simiiar ar refa�ed to the Scope of Services. 5.1.2 Have and aperate a full-time, permanent business address with the ability to be reached by ernail and teiaphone. 5.'[.3 �ocumentation and certi�cations �ecessary to per�orm wark on Cify vehicles and equipment. 7his includes all cer#ifications, such as the Natinnai Institute for Automofive Service Excelience (ASE) or Manufacturer required fraining, which qualifies the vendor to perForm said work. 6.0 CONTRACTOR R�SPONSIBIL7'IES 6.1 Contractors shall pro�ide pricing on parts and labor fior the services and a list of brands provid�;d on the attach�d Bid Salicitation pages of this ITB. 62 Contractar sha11 pro�ide unit prices for listed items. LJnit prices shall include all assaciated costs unless specified in Proposals Solicifiation Page, not fimited #o de[ivery, fue! and handling charges. I�o additional charges will be aacepted or paid by the City. 6.2.� The City will ensure that �ehicles will ha�e a min9murrs of a quar#er (�/4) tank of fuel when dropped off for service. 6.3 Contractors may charge an hourEy nan-warranty ]abor rete per service, a cost }�lus (�-) for parts, a diagnostic fee (�etailed out), and any applieable iransportation feas, if any. There are no guarantees the City wilf accept or held financialfy ar liable for cosf5 outside of [abor and materialsl parts ifthe submifted p�icing is deemed excessi�e by the evalu�tion pane{_ 6.4 Cantraciors shali furnish pro�ide dacUmentation nn their personnel authQrized to perform wark an City vehicles and equipment. 7E�is includes alf certificatians, such as the Nationai lnstitute for Auto�naft�e Service �xcellenee (AS�� or Manufacfurer rsquired training, whicn qualifies the vencinr to perform said work. All licenses, permits, inst�rance and any ather ciocumentation that is required by lacal, state andlorfedera� agencies are to be rnaintained during the term of this contract. 6.5 Cantractors shal{ be authorized to diagnose, repair and service vehicles and equipment for th�. City of Fort Worth's (the "Ci#�') Heavy duty fleet. 6.6 Contractors shall perForm work using #he most up ta date and ap�ropriate methods available for said work under indus#ry standards. This i�cludes, but is not limited to, all suitable repair e.quipmer�t and �arts to insur�: the satisfactory execuiion of any repair or installation. 6.7 Contractors shali respond and supply requested materials or ser�ices required during regular business hours within tf�e response time (D�LIW�RY) firom receipt of r�quest in the proposals salicitakian page or fess including shipment by mutual agreerrtent form the time ariginaE request is made. ITB 22-OOiT Heavy puty Repair and Services Page 17 of 52 6.8 Contrackors shall pro�ide the City priority service, as many City vehicfes are utifiaed �or pubfic safety and emergency respnnse. Expeditious turn,around is critica[ to City operations. Additional fees for priority s.ervic�s are prohibited. 7.0 HQllFiS 7.1 Can#racfors shall respond tn � woric order withir� 24 hours of noti�catian. 7.2 Contraetors shall deliv�r completed �ehicles #o the Fleet 5ervice Center, Monday thraugh Friday be#u�een 7:30 a.m.— 9.3Q p.m. unless expressly autharized by the Flee# 5er�ice Center Supervisor(s} or #heir designee. Any dev9ation frorri this tim�frame sha[I require written appraval from the Fleet Serv�ce Center Supervisor(s) or their designee_ S.0 AFT�R HOURS 8.1 After hours st�all be consid�red from Friday at 9:31 pm through Monday at 5:59 am, F�olidays and wee€cends. 9.0 i'AR7S 9.9 All parts utilized in repairs, repEacements or instaliatians on City vehieEes and equipment must be r�ew unless atherwise requested by PMD Fleet personnel. �1ny rebui[t or remanufactured parts can he considered but must 6e approved in writing by Gity PMD FEeet personnel prior to being utilized by a v�ndar. 9.2 Vendor shall warranty a:nd/or guarantee aA work and products supplied uncEer this Agraement against any d�fects in design, workmanship, materials and failure to aperate satisfactarily. Each prflduct shall fae con5#ructed ta #he highest ind�stry stendards. Produc#s manufactured of poor workmanship wi[I not be acceptad. 9.3 The City reserves the right ta supply parfs as the City d�termines Is necessary. 9.4 Vendor may charge � cost plus (+} for par�s. The cast shoufd be avai[able for re�iew by the City as requested. There are na guarantees the City will accept or #�eld financially or liable for casts outside af faf�or ar�d materiafsl parts if the submitted pricing is d�emed excessive by the evaluation panel. 1T'B 22-0017 �leaay �ufy Repair and Services Page 18 of 52 1 a.0 INV�NTORY OF ASS�TS 10,� Assets that may need repairs and serrrices but are not limited #o, the inventory listed below: Up to 3,000 on-road and 1,6�0 off -road vehicles and equiprnent including, but z�ot lirnRted ta• Types o£ Manufacturers E ui ment Fire Truoks Allison h�azda Dump Tnscks Altec Mercedesl Sprinter Heavy-Duty Artic Cat Meritor Traiiers Ac�uatech Metro Btieket Trucics Bendix Mitsubishi Off Road Big Tex Muncie Equig�n.ent BMW Natianal Cxa;ne Transfer Champion New Hollan.d Tnzcks Chavy Nissan Motor Homes Cummins Onari Generators Fuel Trucks Custom- Chris Triin Peterbilt ilVater Tankers Custoin- Lawhon Pierce -- Fire Apparatus �ontain:er Custom- Tozmny Gate Pioneer Trucks G�zstom- Youzigs Pipehurzter/ Jeteye Sewer Delta Rigging Pragard Equipment Detroit R�M Cozp Dodge Rosenbauer and ather poosan �partan related types vi Duetz Spitzlift equipinent over Eaton Steriing 1 ton E-One Tennani Ford Tezex k'reightliner Texas Steer Honda Tayata Hyundai Tracker International Twistez- Interstate Trailers Vac-Con Isuzra Vactor ]CB Verneer Jeep Vez�sali£t 7�,G Volvo John De�� — Gz'een (AG) WABCO Kawaslci Wacker Kenworth Whelen Kobelco Yamaha KTM Zodiac Kubo#a and other related Mack manufacYurers over 1 ton M&D 17B 22-OU17 Heavy Duty Repair and Services Page 19 of 52 11.0 ESTIMATES 11.1 Vendor shall be required to provide writte� or eiectronically produced estimates to PMD Fleet personnel before the sfart of any wark. The estlmates must be emaiEed to the PMD Fleet ernplvyee(s) and/ar PMp F[eek facifity locafian wF�o requested khe services tp be completed. 19.2 Estirr�afes sha�! be approved and authorized by PMb Fleet personne� in writing �ia e�nail priar to work being perfarmed. Verhal approvals sho�ld not be considered. � 1.2.1 Fleet shafl create necessary wdrk order for #racking. 'i 9.2.2 Vendar shalf be notified, �ia email, of rep�irs needed andlor diagnosis �Fram Fleet. 11.2.3 Vendor sha�l identify tf�e repair direction and shall emaif an estimate wifil� specific d�tails af th� repairs needed regardless of warran#y or non-warranfy. 11.2.A Warran#y and billable repairs s�all be on separate estimaie(sj and in�oicing in ALL cases. 11.2.5 �leet shall document the approva[ and shaU update the work order detailing all communicatians anci repairs with denia[ or appra�al informatiort, 11.2.6 PMD Flee# shaE[ issue a purchase orcEer far billabla repairs via email. Repairs are NOT to be performed until a purchase order has been issued In writing from PME7 Fleet Division. This ansures proper tracKing and documentation are in place for the Vendor and the Ciiy. 'E �.3 Final submiited in�oices submitted ta #he Gity for work performed should always match the final estimate received hy fhe City. All revised estimates must be appro�ed in writing prior to bil[ing. 19 .4 Ifi Gity vehiclE ar equipment is serviced by a Vendor for warran#y work, an esfimate pro�ided by the Vendor to the City shall state 'Warranty Service'. 11.5 All estimate;s provided by vendars will be quoted on a`�ime and materials' basis, adherence #p the agreed upon contract rafe(s} and itemized to illustrate the cost of each of the fallowing, if applicab�e ta the service or wark performed: 91.5.1 Estimates shail include number af and cost of part(s) to be ins�a[[Ed. 'i'1.5.2 �stimates shall �rselude cost of labor to perfarm repair andlor installatinn; itemized by number of labar hours per �a6or line. 11.5.3 �stimates shall include itemized inspecfionldiagnosfic fees. 11.5.4 Transpartation fees, if any, €or pick-up or deli�ery. � 1.5.5 Miscellaneous shop fees will not be allnwed. This shaufd be considered when �idding applicable costs in tha other time and materials categories, 19.5.6 7ra�ef charges for mobile ser�ices can be considered and shauld be itemized. 8tandard f[at fee will not be considered. 91.6 Fleet shal] create nec�ssary woric orders for tracking. 19.7 Contractor shall be notified, via email, of repairs neaded andlor diagnosis fram PMb Fleet. 11.8 AI! estimates pravided by Vendors will be quoted on a`time and parts' basis, adherenoe tn the agreed upon contract rates and itemized to illustrate the casf af each of tf�e foffowing, if applicab]e to the service or worlc perFormed: cnst nf part(s) to be installed, eost of labor #o perform repair ITB 22-0017 Heavy Duty Repair and Services Page 20 of �2 andlor installatian, inspaction, diagr�ostie fees; ifemized 6y labor hours �xcept when estimated as a iurn[cey project/jab. 'f 1.9 Vendor shall identify the repair directian and sha11 email an estimate with specifiic defails of ihe repairs needed regardless of warranty or non-warranty. 1�.10 Warranty and billable repairs shali be on separate estimate(s)1 invaicing in AL.L cases. 1�.19 PMD Fleek shall document the approva! and shall update the work order detailing all communications and repairs wi#h denlai or approva[ information. 11.12 PMD �leet shall issue a p�rchase order for blflable repairs via email. Repairs wfi� a cast assaolated to the City ara NOT to be performed until a puraYtase order has besn issued in wrifing frc�m PMD �[eet. 7his ensures proper tracking and cfocumentatiQn are in pface for ktte VEndor and the City. � 1.13 Vendors shall send confiirmation and a cosk estlmate to the F'leet Service Center Sup�rvisor(s) or designee within 24 hours af receiving a list of equipmeni for Inspection and testing. 19.'f 4 Fiest 5enrice Center Supervisors or designes wi[l prauids �ruriften authoriaatian to pcoceed v�ritt� tite inspection and tesiing after evaEuating the esfimate. Ve.ndors are not autharized to proceed with inspection, kestfng based on verbal authorizatio�s and assumes all liability and respansibility for inspeciian, and #esting performed based an such uerbal authvrizations. 91.15 Vandors will be required ta pro�ide wrltten estimates io Fleet Service G�nter 5upervisors ar designee personne] befofe the start af any wnrk. Tf�e estimates may ba emaifed to the FEeet Service Certter Sup�rvisc�rs or d�signee who reques#ed the servi�es to be c�rrrpleted. 11.96 �stirr�a#es must be appro�ed and authorized by City FIeEt ServicE Center Supervisvrs or designee personnei in �rriiing (email, tax or wri�ten) prior ta work being perfarmed. Original in�oices submifted ka the C9ty for wark pe�forrned cannot be greater than initial estimate provided unless approved by Fleet Service Center 5upervisors or designee in writing, 1'[.16 if during the course of the origina�ly estimafed repairs, if is noted that further repairs wil� be fleeded, a revised est�mate rr3ust be �repared by Vendors far the additional warK. 11,17 �stimates pravid�d by �endors shalE state 'Warranty Servlce' if City v�hiales vr equipment wi[i be serviced for warranty worfc. '[2.Q INVOICENG REQ�JiR�MENTS 'i2.T The City vf �o�t Worth has b�gun irr�piemer�ting an automated invoicing system. �2.2 7he Co�tractor shall send invpices electronicelly fo our e�ntralized Accounts Faya�le depar#ment invoice em�11 address: s�uppl9�rinvoices�.forkworthtexas.,g,ov. This email address is nof monitared sa p[eas� do not send correspnndence to this email address. The soie purpose of the supplisr invoices ernail address is tn raceipt and process supplier invoices. 12.3 Please include the fol�owing on khe subject Efne of your e-mail: �endor name, invaice number, and PO numher, separated by �n underscors (ex: �xampie, fnc._T2345�_FV11073-0000041234) 12.4 ia �nsure the systern can successfu�ly proeess your in�olce in an expedlent rr�anner, pl�:ase adt�cre ta the foilovuing requiremenis: o Ali invaices �nust be eiih�r a PDF or TiFF formai. � Image quaii#y must be at least 300 DPI {dots per Inch). a In�oices must be sent as an attachment (i.e. no invaice in the body af the err►ai[). ITB 22-D017 Heavy pwty Repair and Services Page 21 of 52 e One invoice per attachmen# {inc[udes PDFsj. Multipfe attachments per emafl is acceptable but each invafce must be a separate aftachmenf. o F+lease da nat 5end handwrit#en invoicas or Invoiess that con#ain handwritten notes. m �ot mafrix in�oice format is nat aca�pted. � Th� invaice must con#ain the folldwing ini'�rmatipn: e Supp[ier Name anci Addrass; o F�emi# #a Supplier i�ame and Address, if different; o Applicable City i]epartment business uni�# (i.e. FW013} o Campleie Gi#y nf Fort Worth PQ num�er (i.e. the PO number must conta.in al1 preceding zeras); • invaice number; o Invoice date, and 12.5 Invoices should tae subrniited after delivery of the goads or services. '12.8 To pre��nt invoice processing deiays, pleasE do not send inaaices by mail �nd emaif and �lease do not send the sarn�; involc� mare than once by emai! fa supplierinvoices(r�,foriwarthtexaS.Qov. 70 oheck on the status of an invaice, please contacE the Gity D�partm�n# ordering #he goods/services or fhe Central Accaunts Payable Department by erna�l at: ZZ _�IN AccaunfsPauable�a.fartworthtExas.qov. 12.7 if you are unabl�; to send your invaice as outfir►ed abo�e at tMis time, please send your invoice to our centrallzed Accounts �ayable de�artrnen# instead af directly to #he individual city department. This wil[ a11aw ihe city stafFta digitize the In�oice far fasier process[ng. 72.8 If �I�G�f0�11C il�WpiClilt� IS Ilat �3�S81�I2, you may send your paper invoice to: City of Fort Worth Attn: FMS Centra! Accounts Paya�l� 20Q Texas 5treet Fork Wartft, Texas, 76'ID2 12.9 7he Cfty's gnaE is #p receive 10D°10 of invoices eiectronically so that aEl supptler paym�nts are pracess�d efficientEy. To aohieve this goal, we need the Con#ractor's sup�ort. 92.'!0 lf Contractor has any ques#ians, please cont�ot the Accounts Payable team at (817) 392�2451 or by Email to ZZ FiN AccountsPavableCc�fartwarfh#exas.•qov• 12.1'I Gon#ractcar shall not include Federal, State af Ci�j sales tax in its invoices. City sF�all fumish a tax axemption cert�flcate upan Vendor's request. 13A HAZARDOUS CONQITIONS The Vendpr is req�ired to notify the Gify imrr�ediateEy of a�y hazardous canditions andlar cfamage to City praperty. �4.0 11NlT PRICE ADJUST'M�NT 'E4.'E The unif prices may pe ac#jus#ed for increases or decreases ir� Vendor's cast during tne rertewal period but before the effec#i�e da#s af the renewal upon written requ�st from the Vent�or. 'I42 The Vendor must submit its price adjustr�ent request, in writing, at least 60 days b�fpre #he renewal eff�ctive period. The Uendor sha�i provide writien proof of cost increases with price �djustment request. 'l4.3 If fhe City concludes that #he raie increase being requested is exorbi#anf, the City reserves the rigY�t tn adjus� #he rat� rsquest, or reject the rate request in ifs entirety and af[ow th� contract to I"f8 22-D017 Neavy Duiy Repalr and Services Page 22 of 52 expire at the end of the contract term. lf the City elects not to exercise the renewal optior�, tf�e Purchasing Division will issue a new solicitation. '14.4 Prices bid shalf remain frm for each one-year term of the Agreement and shafl include all associated freignt and cielivery costs. 1�4.5 Prices ofFered shall be ussd for bid anafysis and for Agreement pricing. In cases af errors in extensipns or totals, the �anit prices ofFered wi{l go�ern. i4.6 Upon expiration of the Agreement term the successful bic#der, agrees to E�old o�er under the t�rms and conditians of this Agreemen# for a reasonable period of time to aflow tE�e city to re-bid an agreement, not to excaed ninety (90) days. Vendor wiii be r�imbursed for this service at the priar agreement rate(s). Ver�dor shall remain obligated ko the City under all clauses of this Agreement that expressly or by their naiure extends beyand and survives fhe expira#ion or termination of this Agreement. 14.7 GootEs andlor services shall not be suspended by the VencEor without a 30 day prior uvritten notice to the City. 18,Q LAWS, R�GULATlO�VS, AND ORl]INANCES The Vendar shall be responsibEe far meeting all Federal: laws, ardin�r�ces and regulations; State: laws, ordinance and regulations; County: la+tus, ordinances and regula#ions; and City: laws, ordinances, and regulakions for safety of peo�le, enviro�►ment, and property. T�is includes, buf is not limited to, all �ederal, State, County, and City Agencies, Admirtistrations and Commissians such as ihe Enviranmental Pratectian Ageney {EPA), Occupational 5afefy and Healih Adminiskration (QSHA), and the Texas Commission on Environrnentai Quality {TCEQ). In the event any law, regulation ar ordinance becomes eifiective after the start of #his Agreement, the Vendor is required to camply wifh new policy. Any manda#es requirfi� the City to comply with ne�r1 guideiines will also require the Venc�orta comply, 16.0 PER�ORMANCE Faifure af the City to insisi in any one or more in5#ances upon perfarmance of any of the terms and contfitions of this Agreerrtent shalf not be consirued as a waiver or relinquishrr3ent of the future performance o# any terms and canditions, but the Vendor's obligation with respect to such performance shall continue in full fiorce and e#fect. 17.Q COMpE�AIN7S 17.1 Complaints processed through ihe Ci#y Purchasing Qlvision are to be corrected within fourteen ('E4} days af formai notice of cart�plaint. Written response to th� Purchasing Clivision is required. 17.2 Fail�tre to praperly resolve camplaints within the fo�rteen (14} calenciar day #ime period ma� result in the ear�cellation of the applicab�e [ine item(s) in the price agreemenf. 18.0 SUSCONi'RACTING No subcontracting of the work under this purchase wi11 be allowed without wr�tEen permissian from the City. 19.0 CONTRACT ADMIfVISTRATION 19.1 Contraet atEmEnis#ratfon wil] be performed by tl'te City Departrnent In the e�ent the Vendor fails to per�orm accarding to th� terms 4f the agreement, i"he Department head or hislher designee wifl natify the Vendar, in writing, of iks fai[ures. A meeting may be arranged ko discuss the Vendar's deficiencies. A written eure notice may be prepared gi�ing the Ver�dor 14 calendar days #o cure any deficie�cy. ITB 22-0617 Heavy Duty Eiepair and Services Page 23 of 52 192 I� ihe e�ent the Vendor continues with unsatisfaciory perFormance, the department wiiE promptly notify the Purchasing Manag�r who wili iake appropriste ac#ion #o cure the performance problern(s), which Gou[d include cancellatian, termination for convenience or default. If the agreemen# is terminated for defa�lt, the Vendor may be held liable for excess cost. 19_3 The Vendar wi[l be paid only those sums dus and owing under the agreement for services satisfactorily rendered. 19,4 The Gity reserves the right to terminaie this agreernen#, or any part hereof, for its sole convenience. In the event of such term ination, t�e Vendor shal[ immediately stop a[l wark hereunder end si�all immadiately cause any and afl of its suppiiers and subVendars to cease work. Subject to the #erms of this agreement, ihe Vendor shall be paid a per�ent�ge af the agreemen# price ref{ectiRg the percer�tage of the work per�armed prior to the notice of termina#ion, plus reasonable charges the Vendor can demonstraie to the satisf�ctian of #he City using its stanc€ard recard keeping system, ha�e resulted from the #ermination. Howe�er, in nq event shall the tatal of ail amounfs pald to the Vendor exceed the agreement price. 7he Vendor shail not be reimbursed for any prvfits which may hav� been anticipated, butwhich have not been earn�d up to the date of termination. 2a.0 BUSINESS EQUITY GOAL 20.9 The City of Fort Worth implem�nted the 8usiness E�u�Ey Ordinance (BEO} tn reflect the City's a�ailability and disparity stucEy fmdings. A!I proposers shall nate fhat it is tE�� policy of the City to ensure the full and equitable par�icipation of B�siness Equity Fimts in the procurement of services $140,a00.00 or more. 7his Request for Qualificatlans requlres proposers to plan haw it will inc[ude only MBE or WB� Business �quity Firms ta meet � Busmess Equity goal. 20.2 Tha 8usiness Equity goal is 23°/v. 20.3 The fnformatior� to meet the goal sha[I be submitted with the proposal or� the Business Equity Utifization farm and incfude: � The company name, address, point af eon�act, ernail address, o�Fice and fax/telaphone numbers of the Business Equity firms; o R defa�led descriptfon of the work to be performed or supplied by eacF� Business Equity firm; n �'he tier le�el, i.e,, 1 s#, 2nd, 3rd, etc. (if nther than 9st tiar, the pfan must c]early ideniify fhe firm nam� and tier from wi�om the Business Equity firm wili be receiuing payment) � Assaciated NA1C� code for eacn company n The su6-cpntract antici�ated va�ue for each Business Equify firm; p Sta�e tF�e B�siness Equity �ercentage level of commitment achieved; and m Pravide the same identification informatian for all non-gusiness E ui firms o Letter ofi Intent will 6e required only for the prime Vendor submiks a good faith effort. o ihe sub-contract anticipated �a[ue for each B�siness Equity firrn; 20.4 {t is important �n notE that only Business Fquity firms that perform a cpmrnercially useful functian may count towards the 5%.Bvsiness �quify goal. 20.5 A Certifieck MBE nr WB� Business �quity Prime Cantractor can caunt it's self-performance services towards meeting the B�siness �quity Goal fpr the assigned NAfCS cornmodi#y codes on their current MBE or We� certificafion. This means Business Equity Prime Con#ractnrs ca� only count the percentage of work assaciated with their assigned NAICS codes. If the Business Equity Prime Contracfar canno# self -perforrr� a[1 of the work, including praducing r�eeded supplies it will be held accountable for subcantracting with other currenf csrtified Business Equity #irms to meet the overa[[ goal_ 20.6 �xamp�� —A certified MBE or WBE canorete cantractar, w�o on[y fays down concrete and does lTB 22-0017 Heavy ❑uty Repair and Servicas i�age 24 of 52 naf prnduce concrete wholesale, cannot clafm 100% seif-perFormance ta meet a�usiness Equify gaal. To meet tlie goai the certif�ed M8E ar WB� oontractor mus# hire another ce�tifEed MB� nr WBE subcontractor, with an assagneci concrate supplier NAiCS code, ta supply the materiais, 20.7 Furthermare, proposers mav obtain a request for listing of ce�fified firms #rom the City of Fort Worth's Business Equify Divisian httqs:llwww.fortworthtexas.qavl�ilsslassets/�ublicldiver�ltV� inclusionldocumentslbusiness-e�uitvlr�g�est�for-[istina-forrrr-202� .ndf. 2D.8 ln its Uti{ization Plan, proposers' list of Bus9ness Equity �irms mus# be actively certifed at the bid award. The City of Fort Worth accepts certifications from tfte fo[lowing #hird-party agencies: North Certtral Texas Fi�glona! Certifcafion Age�cy (NCTRCA), DallaslFort Wnrth Minority Suppiler Qeveloprnenk Council �DI�W MSDCj, and the WarrEen's gusiness Council Southwest (WBCS). Participation can count iowards the established gaal. The certif�ed firms must ha�e a busine�s Eocated in the City's six-countV_marketplace that Includes tF�e caunfies of Tarrant, Dallas, Denkon, Johnson, Parker, and Wise. 20.9 If a propaser forms a joint uenture with ane or mare Business Equity Firms, the busFness equity joint ventt�re percen#ege ►+vill caunt towards the established goal. T�e 8usiness Etluitv Joint Venture forrn must b� st�bmitted for review and approval ta apply towards ihe goal. 20,'1 �3 If Offeror failed to meet the s#ated Business Equify goal, in part ar in whale, then a detailed �xpl�nation must be sul�rr�itted ta demonstrai�; the Gaod Faith �ifiorts rnade to secure Busin�ss Equity parkicipatian. 20.'I1 Failure to submit the �usiness �quity participation information or ihe det�iied expJanation of the proposer's Good Faich EfForts per ordinance 25165-10-202� ta mee# or exceed the stated Business Equity goal, may render fhe prop4sa� no�-responsive. 2D.1� ihe �usiness �quity commitment u�ill be par� of the final weighted selection criteria. Th� und�rsigned acknav�(edges the City's MBE requfremen�s as stated above, and if selec#ed as tha mos# highly quafified F'rovicEer(sJ, wlll eomply with t�e requirert�ent to submit a u#ilization pian during contracf negatiatians. ITB 22 U017 Heavy D�ty Repairand Sen/icas Paga 25. of 52 ATTACHMENi-A C�N(�LIGi �� 1Ni��k�5i l�IS��.�SUFt� R�RtJfR�M��!`� Pursuant to Cha�ater 17� of the Local �overnment Code, any person ar agent of a p�r'son who �ontracts or seeks tp cantract for fhe sale or purehase af property, goods, or services with a Encai �ouernmental entity (i.e. 7he City of �ort Worth) musi disclose in the Questlonnaire Form CIQ ("Questionn�ire"} the per�on's affi[iatian ar b�siness relationship t�at might cause a confilicE of interest with the Eaoal governmental entity, By Iaw, tE�e Ques#ionnaire must be fiEed with the Fo�t Worth City Secreiary no latar than seven days after the t�ate the person begins contract discussions or negotiations with the �ity, or submits an applicaiior� ar response to a request for proposals or bids, corraspondence, or another wri#ing re3ated tn a potential Agreement wi#h the City�. Updated Questionnaires must 6e flted In conformance wlth Chapter 176. A capy of fhe Questionnaire �orm CIQ is encles�d with the submittal documents. The form is alsa avai[al�le �t http:llwvdw.ethics.s#ate.t�c.uslforms/ClQ,pdf, If yau have any questions aba�t cornpliance, pfease cansuEt yourawn legaf counsel. Complianc� is the indiv(dual respanslblllty of each person or agsnt of a person who is subjact to the filing requfrement. Ar� offense �nder Chapter 176 is a Class C misdemeannr. id0��: If you ar� n4� aware of a Confiict af [nterest itt any business relationship that you might have with the Gity, state Vendor r�ame In the # 1, usa NfA in �ach of the areas an the farn�t. I�owevar, a signature is requircd iM the #4 box in all cases. iTB 22-001 T�Ie.avy buRy Repair and Servkces Page 26 of 52 CONFl.ICT QF II���RESi Q#J�STIONNAfR� Far r►endor domg business with local ga�erromentaE entity Aaomplete copy of Chapter 176 of the Local C�ovemment Gode rnay be found at http:!lwww.statutes,legis.siaie.tx.us/ aocslLG/himlLG,176.htm, For easy refere�ce, below ar� some oi the secfions cite.d on this form. L.ocal Government Cod6 176.OU1 1-a :"Busin�ss reEationship" means aconnection between 1wo ar rnore parties - based on corramercial activlty o1 ar�e o! the partles. The term does not �ncl�de a connection based on: (A) a transactian ihat is subj�ct Eo rate or fee regulation by a federa[, state, or local governmental eniity or an ag�ncy of a federal, state, or lacal governmental eniity; (B) a transaction canducted at a prics and su6ject to term s avallable to the publ�a; or (C) a purchase or Eease of goods or services from a person that is chartered by a state or f�d�ral agency and that is subject to reguiar examination by, anc� reporting to, that agency. L,ocal Government Cocie � 176.003ia?(2)(Al_and� �' (a} A local government officer shall file a conflicis disclosure stater�en7 with respect to a vendor if: � (2) thevendor: (A) hasanemploymentoratherbusln�ssrelatianshipwiththefocalgovernmeniofficerora lamily member o# the aEticer thal results In the oificer or family rrtember reneiving iaftabls in�ome, other than investment incom2, that exceeds $2,500 during fhe 12-mnnth period prec�ding the date ihat 1he officer becvmes aware that (i} a contract between the local govemmental en�ity and vendor has i�een executed; or {ii) the local governmental entity is considering entering into a contraci with the vendor; {Bj has given to the local govemment officeror a iamily rnember of the officer one or more gifts that have an aggregatevalue of more than $i 00 in the i 2-month period preceding the date the ofiicer becomes �ware that: (i} a contraci betw�en the local gavernmenial entity and vendor has bean execuled; or {ii} the local gov�rnmental entity is ctsnsidering entering into a coniract with the vendar. Local �overnment Cade � 17G.Oos�aj aad e-1 (a) Avendor shall fiEa acompleFed conflict of interestquestlonnaire If ihe �enrlor has a busir�ess rela#ionship with a lacal governmental entiry and: {1 } has an employment or other business relalionship with a focal government officer of that lacal governmerrtal entity, or a farni{y mernbcr of the officer, described by �ecfivn 176.003{a)(2)(A); (2) has given a local government officer of that lacal governmental entity, or a family member oi the oflicer, one or moce gifts v�ith the aggregate �alue specifed by Sectian 176.003(a}{2J(B), exaluding any gift described by 5eation 176.003{a-1); ar (3) has a farnily refationship with a local governrnent officer of #hat loeal governmenial er�tiry. (a-i ) The completed conflic# 01 intergst questionnaire must be filed with the apprapriate recnrds administrator not later than the seventh bu siness day after the later of: (1) ths daie tha! the vendor: (AJ begins discuss'tons or negotiations to er�ter inta a corrtract wE#h the local governmentaf entity; ar (B) subr�its tathe lacal governmental entity an application, responsetoa requestfiorpropasals or bids, cnrrespondence, or another vvriting related to a potentlal contract with the locaf governmental entity, or (2) the date the vendor becomes awaj'e: {A} of an employmant or other husiness relationship with a local gavernment officer, or a family member of the officer, described by Subsection (a); {B} ihat#he vendar has given on� ar more gifts descrlbed by Subsection (a}; or (C� oi a family relationship with a l4cal government oificer. Farm provldad by7axas �thics Commission www.eEhics.stafa.Uc.us RevlSed 111J2021 I76 22-0017 Heavy E7uly Repair and 8eroices Page 28 af 52 AiTACHMEf�T — B CONSIDERATlON OF LOCA`�'ION bF �i��E�'S PRIMCIPAL �L.ACg OF BUSIN�SS Sectiar� 2-14 of the Fort Worth Code of Drdinances autharizes the City Council, when consicEering competitir►e seated hids, to enter inta a contract for certain purchases with a bidder whnse principal plac� af business is in t[�e corporate limits af ths City of Fort Worth and wnose bid is within 3 or 5 percent of the Eawest �id, dep�nding on fhe value of th� requesf and godds ar services requested, if the lowest bid is fro� a busirtess au�side th� mun�cipa�i#y and contracting with �h� local bidder would pro�Ide the best combination of price and other economic benefits to the municipality. F2equests to be considered a focal business musf be submitted an this farm with bid packages to be considered by the City of Fort Wor#h. Questions shouEci be addressed to t�e Purchasing staff listed in the bid ar request package. Th� For# Warth City Council requires th� fo[Iowing information for consideration of Eocatinn of a biddar's principal placE. of business. Add additional sheets if needed to pro�ide this informatiQr�. '!. L.ocational Eligibiiity: Principal Place of Business in FQrt Worth, Texas. a. Do you have a Fort Worth office? !f y�s, ideniify address: �' � b. Wha# percentage of estimated gross company sales (worldwide) are sales orig'snating in For# Worth? "Originating in Fort Worth" shall mean payable at the F'art Worth office. [rrt�st exceed 50 %] _- 2. Econamic Development opportunities r�su[ting t�om contract. a. Number af �or# Worth resldent-employees? b. Amaunt of Ciiy of Fort WorE� ad �alorem taxes (real and business personal properiy} paid by company (far prior tax year — Fort WQrth office orformsr location, if Fori Worih oifiice is newly- established)? Cer�ification of information: The undersign�d daes hereby affirm that the infortnafion supplied is true and correct as af the date hereof, under pena[ty af perjury. , �f �.,��v'�l� ' ' �-t.-� . 2 ampany Name) -•i j ( ate gnature z. -��;��,� � � �� � ame ancf TitIe ) � ��'��""�'� IT� 22-Od17 Heavy duEy Repair and Services Page 29 ot 52 ATTACHMEN� — C �1DdER'S CONTACT IN�ORMAiION Bidder's Name: � 12 �'ri.� C- J �- � Bidder's Local Address: �-�� 1 � 4 �-L� �'�'�- �� �'n ��� i N � i ``� � � � �j Phone: � � _ (-� i {� � � a � C'3 Fax: i -- � % �- "% }''c� �' Emaif: . ��-/�t l'1�z.-� Z.r�ti (����� EiI� +�.ft= ��-�- Gt�'fv�.� IVame of person assigned specifically for this Agreement: NamelTitle ��'F��1 � ti ' 4''�'�' � �- ' ILL: � �-- ���C �.� �[`�c= t�'� ry� Phone: c.�1'"] -- (� ��— 7{a 3� Fax: Email: 5��4'lrlt � Z � ���-� k'�G ��� • �v"�` _ Name csf persons for renewal informa�inn andlor billing questions: NamelTitle f��� ��''U �� �'"' �� � L�: Phone: f� � 1'�-�'I �"' 7-]-�� Fax: - Email: � ��� � �� � �� fVameCf�iile � �� � � �� �� � ��� °'�"'�-- Phane: � 1'� ' � � �` "75c� Fax: Email: ^ U..3 {G �,115 !� ��'l++v� � G�,.`�' . ��-►'l.� �Na 1��kCP� �"` ' rt.i.'Z � 5 Z � Sign e Printed Name Date iTB 22-0017 Heavy Duty Rapair and Services Page 30 of 52 ATTACkM�N7-D BIaDER'S QUALIFICATION QUESTIONNAIRE �. Has the Vendor e�er defaulted on a Contr�ct? Q Yes �� 2. Number of years in business under current company name: L2=. Years. Please note, it is required to have a minimtarn of 2 years, othenvise, your submission will be deemed as non- responsive. a. List any farmer names yo�r organization has aperated under and the timeframe: 3. ls your corr�pany able to fuff'tIl the response time [isted in saction 6.0 if npt, wh�i? Please note, that it is required to have a minimum ZQ� haurs resppnse time. For the remeinc#er of r�'tinimum requirerner�#s, �lease refer to section 6.� �� 4. Is the Contractor a6Ee to provide certiticafions for their personne�, such as the Natianal lnsf+#ute fnr Autarnotive Service Excellence (ASE) or Manufacturer requfred training, which qualifies the Contrac#or to pertarm necessary for #his 1TB? Fleas� no#e, we do require yau 4a have an Original �quipment Manufaciurer's (OEM) documentation. If you are unable to pravide this documenf, your submission wi]] be desmed as non-respo�sive. En order to be considered, yau mus# be qualified. 5. What types of r�pairs from the item list can yau perfarm? Please pro�id� a list. If yau are unable to provide a repair, pleas� sfate whic� ane and why. 6. Hqw many peopl� will be on the service feam to complete fhe reques#s and fu[fil our n��;ds? ��— 7. Does the contractor ha�e th� abilityto ramp up qualified personnei, res�urces and equipment to me�t the growing needs of fhe City? If npt, why? �,�_ „ 8. �lease pro�ide � detailed explanation of fhe methodology your firm will use apprpacF� to completing repairs_ (i,e. what is your process firom the receipt of Purchase Order aU the way to completion). Afso, please include descriptive detaifs ak�out how you wil[ communicate, how will yo� handle se�-backs, what is your process t'or com�leting tha work on time, if you discover there wili be a delay in service, hvw wilf you overcame this? 9. Does the service team hold any special cer#ifrcatlans that further qualify you fo perform the requirements ot this ITB. �. If Yes, please list and pro�ide copies of these certifications. 10. F'l�ase pro�ide ypur work t�istory performing thes� same services for other Citi�s or governmental �ntities of the same size. {Attach Separate Sheet) IT8 22-QO'17 Heavy Duty Repair and Ssrvices Page �� of 52 ATTACHMENT � DRAFT SERVICE AGRE�M�Ni Draft Service Agreement is attached a separate document. 176 22�+U017 Hea�y E]uEy Repair and 3ervioes Page 32 aF 52 n,TrAcbm��� � �c� s�� s�a��r {Please complete this form, only if, your fir�� has chosen npt to aubmEt a t�id) /�shiey Kadva, Buyer II Purchasing Df�ision Fax No. 817�392-8440 E-mail address: �MSPurchasin Res onses fartv++arChtexas� ou If your firm has chasen not ta submit a bie! for khis proc�rement, please complete this farrn and subtnit ta: City of Fort Worth, Purehasing Divisinn 2a0 T�Xas Stre�# Fort Worth, Texas 767 02 {qr fax fo abave address} F'fease check the items that apply: � C?o no# seli the i#em(s) requ[red. n Canna# be competitive. Q Gannot meet �he 5pecifications highfighted in the aitaahed BPd. � Cannoi provide Insurance required. � Cannot pro�ide �onding requlred. � Cannot compE}� wifh Indemnification requiremenks, � Job tao iarge. � .lof� tao small. � Do not u+ish to do business with the City, � Other reasari. Company N�me: Autharized OfFicEr or Agenk 5ignature: -�—�' 'feiephone: �) FAX Number. �} E7B 22 OQ17 Meavy puiy Repair and Services Pa ge 33 of 82 ATYACHMENT G BUSINESS �4UIiY UTILIZATION F�RMS Business Equity is aifached a separate document. iTB 22-0017 Heavy I]uty Repair and Services f'age 34 of 52 ATTACHM�N7 H ��TTER OF INTENT Letter of lntent is attached a separa#e documenf. This attachment must 6e completed only ifi the Prirne Vendor suhmits a good faith effort. 1T6 22-0�17 Heavy �uty Repair and Servioes Pege 35 of 52 ���������� ATTAC�N�ENT F- VENDQR SERVIGES A.G�E�ENT This VENDOR S�RVICES AGitE�1VIENT {"!-�green;icnt") is �nade and entered into by and betvveen the CiTY O�' �ORT WORTH ("City"), a Texas home rule �unicz�al corporatian., aetxz�g by and tku'augh its duly autl�aiized Assistant Ciry Manager, and [LEGA.L NAM� OF THE PA�TY] ("V'�ndnr"), a lSTA'I"E RECrISTERED AI*iD TYFE �� C4MPANY7 and actir�g by and t�irough its duly authori�ed representative, each ir�divirf�atly refezxed to as a"party" and collectivlly rtfe?YP� t� �� tl�e "��rt�es." AG�EEM�NT DOCUM�NTS: �`he Agrectnent documents sh.all include the follo�vizxg: 1. This Vendor 5ervices Ag;reement; 2. ��chibit A— Scope of Services, � 3. Exhibit S— Prtce Schedul�; 4. Exhibit C— City's RF'P No. 5. Exhihit 17 — Con�racto�'s �id Respanse tn �ity's �? F'���ti�._ ;:;nd b. �xl�ibit �— Verifieation ofSi�atttre Authont'y Ft�rrn. Exi�ibits A, B, C, D, and E, which :�c �rttac�tic:� I�c.rero unti in�orrt�oxated laer�in, are made a part of tk�zs A,greement �or.all pwpases. Z� the����+:nc c3!' an�+ cant'��c[ ��'l+F,���� ��',e �ernjc anci r_.c��diEions of �lcliibits A, �, C, OS �? anCl t�le tex'�75 atlC� Cc7Adi�iOn� st[ foi �h �� tl,� i,�dy ef t�i� ��r�ement, r�� terms a�d condi�ians of this Agree�lent shall con:trol. l. Scage�{Mf �crvi�es. [SI:vil'Lfi f���C:RIPTION clF 5[:�1'E OF SEItVICE] ("Sei�ices"}, vvhich are set forth in mara c€�taii in �xJ�iliit "t�," at;a�hed hereta µ�d i �,corpprated herein far all pttr�poses.. 2. Term. Tl�.is �i�'cemtir.t �z�;ins on [�`��7N"I`H DAY, YEAR] (°`Effeciive Date'� az�d expires on (MONTH T)AY, I�EAR] �"F,x�+ratian Date"), unless ferminat�d eac�ier in accordance with this ,A.greement ("Initial Te�"). Ciry wi11 laa{re tlae optian, in its sole discr�tion, Co rene�uv t�is Agreefnent under th� same terms and canditions, far t�p to �,} one-year renewal option(s) (eac� a"Renewal Term"). 3. Comnensation. City will pay Vendor in accardlnce vrfitt� the pror+isions ofk�is A�'eement, inaludii�g Exlaibzt "B," whicl� is attacl�ed here#o an.d. incarparated herein far all pur�ases. 'Cotal compansatian und�z tliis Agreement wi!! not exceed I3otlars ($ .,�,j. 'V'endor will n�t perfozz� any additional services or bill for expense5 iizcu�rred for City not speci�icd by tltis Agreeinent unless Cily requests aud a�proves in vvriting the atlditional costs for such services. City w.ili a�at be liable �or any additianal expenses oi�endar not specified by this �An eement ival�ss Giiy �rsi ap�roves suc� expezases zn writin�. 4. Terz�i�aEian. 1T8 22-U097 Heauy �uly Repair and Services Page 36 vf 52 4.1. Wr�tten Ndtice.. Ciry or Vendor may terniunate this Agreement at any time and for any reasan by prodsding the other pazty with 30 days' wc-�rten notice of ierr�vnation. 4.2 Non-appropriation of Funds. In th� event na funds or i�sufticient fixuds az-e appropriated by CiEy in any �scal peziod for auy payments due hereunder, City wiil notify Vendor of such occurrence and this Agrecment will terminate on the las.t day of the �iscal period for which appropriations were receive8 without penalty or expense to City of any kind wl�atsoever, except as to the pvztians of tb.e payrnents herein agreed upon for whici� funds have been appropriated. 4.3 Duties and ObIigations of the Parties. In the event that this A�z�.ement is ternninatecf prior to the Expiration Date, City wil[ pay Vendor for services actually rendered up ta tha efFecti�ve date af termination and Vendor will co�tinue ta pzavide City with services requested by City and in accordance witl; this A�'eement up to tha e£�ec�iva date of terminatian. L1pon termination of this A�-eeinerat fnr any �reasan, Vendar wiil provida City with CU�'1ICS of all coinpleted or partiaxly cample�ed documents pregared under this.Agree�nent. In the event Vu�idor has received access ta City Informafion ar data as a requirement to perEornz services hereunder, '�endor wilX zeturn all City provided data to City i� a mac�i�e readable fazmat ox other :Fonnat deemed acceptabie to City. �. Disclosure of Conflicts and Confidentiai L�formatian. � _x 5.1 Disc�osure of Conflicts. Vendor }�er'ehy� warrants to City that Vendar has made full discloswre in wniting of any exisiing or ��ten#ial c�n��icts of interest relatea to Vendor's services und�r tbis A�mreement. In the event that any ���ic�s of ut�'��est arise af�er the Effective Date of this Ab eement, Vendor hereby agrees iz�ned'i��tely tv i�+��kl� 1� disclosure to City in wz�itang. 5.2 Conf dential i��o��ti,on. V�,�o dar, for itself and its officers, agents an�d employees, a�ees that it will treat ail infarma#iun' provid� to it by City ("Gity Izafozzna�ion") as confidential and wi3.[ not disclose any such in#vrrri�t`i�r� �g a third pariy without the prior writien appraval of City. 5.3 F4i'ulic Infar�r�tion ��p,ct. City is a government ezati.ry under the laws af the State of Texas and all d�cu�ments held'c�rE m.aiu�iained by City are subj ect to di.sclosure under the Texas Public InforrnationAct. Itt �he event.rh+�re is a request for iz�£ormation marked Confidential or �'zapz7ietary, City will promptly n� ��'�y Venc�ior. It will be the responsibility of Vendor to submit reasons obj ecting to disclosure. A determir,u�ion on whether such reasons are sufficient will nat be decided by City, but by t�►e Office of the At�omey General of the S#ate of Texas or by a court of cornpetent jurisdiction. 5.4 �h�authprized Access. Vendor must store and maintain City Inforrnation in a secu.�e �manner a��d will r�ot allow urzautharized users to access, modify, delete pr otherwise corrupt City Information in any way. Vendor must notify City ixnmediately if the securit�r or integrity of any City �Zformation has been cnxnpromised oz zs believed to have been comprq�ised, in which event, �endor will, in good faith, use all commercially reasonable e£forts to cooperate with City in identifyiz�g �what infnnn�ation has been accessed by unauthorized means and will �itlly cooperate wi�ix City to protect such City 1'nfarmation fram furtl�er unauthorized disclosure. b. Ri�ht to Audit. Vendor agrees that City will, until the expization ofthree (3) years after finaI pa�nent under this Agreement, or the imal can.clusion of ai�y audit commenced during the said three years, have access to and the right to exazxai.ue at zeasonable iunes any directly pertinent books, documents, ITB 22-0017 Heavy �uty Repair and Services Page 37 nf 52 papers and recazds, ineludinby bu.t not limited ta, all eleatronic records, of Vendax involving transactions relating to this Agx'�ement at no add'ztional cost io Gity. Vendor agrees tL�at City wilI have access durizzg normal working haurs io all necessary Vcndor facilifies and will be provided adequaie and appropriaie work sgace in order to condr�cx audits in compliance with th� pz-ovisioms of ti�is section. City wi�ll give Vendor reasaziahle advance notice vf intended audits. 7. Yndenenden# Cantractor. It is expzessly understood atad agreed ihat Venda:r will operate as an independent contractaz as to all righ#s and privileges and work performed under this Agreement, and not as agent, representative or emplayee of Ciry, Subject to and i�; accordance w7ith the condiiions and provisions of this Agreement, Vendor will have the exclusive ri�,ht to conizol tkze details o� its operat�ans and aetivities and be so�ely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontracfiors. Vendar acknowledges thai the doctrine of re�pondeat superior will not apply as between City, its afficers, agents, servants and employees, and Vendor, iis offrc�rs, agents, exnployees, servants, eontractors, and subeontractvzs. Vendor �urther agrees thai nathing herein will he canstrued as the creatian of a p,axtz�ership vr joint enterprise between. City and Vendor. It is fiu'ther understood that City will.in nQ way be considered a Co-empIoy�r or it �jnint employer of Vendor or any afficers, agents, servants, emplayees, co�tractors, or subcantractot�, .`+Ieiiifzer Ve�dor, nor any of�tcers, agents, servants, employees, cont�ractors, or subcQntractors of ��ndor �4�Er be entitled to any ezz�.plQymen4 benefits fram City. Vendor will be res�aonsible and liable for a?� and all paymPnt and reporting of taxes on behali of itself, and any of its officers, agents, seroanfs, em�l�;�ees, contractars;ior contractors. 8. Liabi�ifv a�ad �r►demnificatian, S.1 LIABI�ITY - VENDD� .F�11,L SE LI�iI�I,E A1VD RESFONS.IBLE FOR ANY AND ALL PROPERTY LOSS", PROP� RT �'� �lrie'�, �4 fr'� AND/OR P�.l�SONAL .�NJURY, .INCLUDIN'G D.�',hlTH, TD AN_Y. r4ND f�Li PERS'OIYS, OF AM' �1VI] O:� CHr�RACTER, �HETHER �tEAL �R AS� �Rrl3�J',, TG T]YE EXTENT CArJ'S'L�'D BY THE 1VEGLIGENT ACT(S) OR OMISSIQN(�j, .'�a f_ F�AS�I �('E OR I1VTEIVTIONAL ,M�ZSCOND U'CT Ol�' F�ENDOR, ITS DFFI'C�`iR.S', .�lG�','��:5,. �"EIt�fANTS, EMPl,OYEES, CONTR4CTORS, OR SUECONTRACTORS: 8.2 !rF'NERA�. L��DL'ME.��IFICATION - VENDOR HEREBY COVENANTS A1VD AGREES TD� 1�4i��MN1 ;�'�'OLD HARMLESS .4ND DEFEIVD CITY, ITS OFFICER.S', AGBNTS, SER b�,�' 7'C AND ENIPLOYEES, FRD1i�AND AGAINST ANYAND ALL CLAIIIIS OR LAWSUfTS OF r1 r�ri'�h�D OR CHARACTE.t�, WHETHER REAL UR ASSER2"ED, FDR .EXTHER PRDPERTY�7r1��lAGE OR LOSS' (INCL UDIIVGAL�EGEDDAI�/! GE Ol� LO�S TO VENDOR'S BtISINESS �ND .41VY RESULTING LOST PROFI'TS) AND/OR PERS'QNAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, ARI,�XNG QUT OF OR IN CONNECTION WIT'H THIS AGREL�'M�NT, TD THE EXTENT C.� U,SED .8Y THE NEGLXGENT ACTS QR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICEI�S, AGENTS, SERVAN7'S, EMPiDYEES, CONTRACTORS, OR SUBCONT'RACTORS: 8.3 �1VTELLECT7TAL PROP.ERTY INDEMIVIFXCATXON — Ve�dor ag�'ees fo defe�d, settle, or pay, at its or�vn cost and �xpense, any claim or action ag;ainst City %r infringement of any paient, copyri.gh� trade mark, Erade seeret, or s��nilar �roperty right arising from City's r�se af the software anrllor documentation in accordance with tlus Agreement, it beiung undersEaod thaF this agxeement to defend, settle or pay will not apply if City modifics or misuses tE�a software antl/or dacrrrnenfatian. So long as Vendor bears the cosf and expe�se a� pa�rment for claims or actians against �ity pursuant io this section, 'Vendor will have the r�g�t to canduct ihe defense of any such claim or acfion and al! ITB 22-a0'f7 Heary �uty Repair and Services Page 38 of 52 negfl�[aizons for its settlement or compromise and tn settle or compromise any such claim; however, City wi1C �iave the right to fully participate in any and aIl such sett�ementi, r�egotiationsy or lawsuit as necessaty to protect Czty's in�eres�, and City agrees �o cavperake witf� Vendor fn doiqg so. In the event City, for whaiever reasou, assumes the responsibi�zty for payment of cpsts and expenses far any claim or action broug�t against City for iw�ieiingement arising under thfs Agreemenf, City wi� have t�e sole right to condnct the defense of any such elaim or action and all negatiations for its setHement or comprom.ise and to sett�e ar compromise ar�y su�h claim; havve�er, Vendor will fuliy part�cKpate and cooperate with City in defer�se of such claim o�- ac[�on. City agrees to gzve Vendor timeXy written �pti¢e of any such eIaim or aciian, vvith capies of all papers City may receive relating thereto. Notr�vithsfand�in$ the foregoing, City's assumption af payment of costs or +e�ens.es w� not elirninate Vendor's duty to indenn�uify City under thzs Agreemen� If the software and/ar dacumentation or any part thereof is held to infrin�e and the �se thereof is enjained or r�sirained or, if as a result of a sett�eme�t or campromise, sach nse is mate�iaU,y adversely restricted, Vendor will, at its awn e�ense anc� as City's sole remedy, $ithar: (a) procure for City the r�ight ta en�finue to use the software and/or rincnmeutatiou; or (b) modyfy the software and/or dncumentation to ra�ake it noninfringiug, �provided that such mndificat�on does not materia�iy adverseiy a�ecf City's arxt�urizad �se of the soi'fware ancllor documenxahon; or (c) xeplace the software andt.i�r dncument�tion with equally suitable, eorapakible, and functia�tally equi�valent nan-inf�Nnging software artl�Jor docum�n#ation at no adc3i�ional cha�gc to Ci#y; or (d} if nane af the [oregni�►�; alternatives is reasonably a�vailalale to Vendor termi�.ate this Agreement, and re�a�3 ail amounts paid to Vendor by City, subsequent to r�vhieh termination City' ?nay seek a�n}�� and all re�edies availahle to Ci#y under Iaw. 9. Assignment and Subcontractin�.. ��� 9.1 Ass:i�nmeI1C, `Jend�ar.will not assign or subcqntxact any of i.ts duties, obli�af�ans or riphts under t�is Agree�nent withauivC�e-r�i�r written cvnsent of City. If City grants consent to an assignment, the ass�ee vail� �execute a wriitten ag�-eement with City and Vendar under which the assignee agrees:t��•1a� b�un� 4�= tYce duties and obligations �f Vendor under tlus Ag�reernent. V�ndor will be ].i$ble fnr all���.liga��s of Vendor uEnder �hzs A�reement priar to tY�.e effective date o.f the assignIiict��� 9.�. Sub�o�tr�u �,. if City grants consent to a subcontz'act, the subcontractor will execnte a vt+xitten a� eement witi� Vendor referencing this Agreement under which snhcantzactor agrees to ba bound by fhe duties and obIigataons of Vendor under this A�reement as such du�ties and obliga#ions may appZy. Vendor must pzovide Gi .ty with a fully executed copy of any sucli subcontract. 1D. Znsura�ace. Vendor �nust pxovide �ity wit�s certificate(s) of insurance documenting policies of the fo�owing iypes and manimum covarage limits tha# are ta be in effect prior to commencement of an� Services pursuant to ihis Agree�nent: I O.I Cnvera�e and Limits (a) Coxnmeroial G�neral Liabilily: $1,ODO,Q00 - �ach Occut�ence $2,d00,000 - Aggxegate 178 22-qU17 Heavy Duty Repair and Seavices Page 39 of 52 (b) Automobile Liability: $1,000,000 - �acl� oc�u�ence vn a corrxbined single LimSt baszs CQverage will be on ar►y vehicle used hy Vendor, or its eix►ployees, agents, or xepresentatives in the couzse of �ro'viding Scrviees under this Agreernent. "Any velucIe" wiu be any �vehicle owned, hired and non-owned. (c} Worker's Gompensation: Statutory limits accaxciing to the Texas Workers' Cornpensation Act or any ather state woricers' coin�ensation Iaws wh�xe �he Services are being performed Employers' liability $I00,00f? - Badily In}ury by �Ccjii�nt; eaeh accidendoccur�-ence $IOO,OOQ - Bodily Tnjuty by.d;sPaS�; sach employee $SOD,OOQ - Badily Injury- .hy disease; poi;�y limit (d) Prpfcssional Liability (�'str�r� �3c C��'nissions}: $1,400,0�0 - Each Clais�� Li��i+ $1,00�,000 - ' �1� �r����tP L�mit Professiomai Lza1���ity coverEt�e ���i�ay ti� provided through an endorsement to t1�e Commercial C#��e�a'� Liabl�it�r (CGL) poiicy, or a separate policy specific to Professian�t` 1��D. ���-her is a�Leptable if Coveiage lxleets all pther requirements. Coverage�inaa�t be �cT�ims�ma,�ic, aud maimtaaz�ed �oz tha duzation aithe contractual agreement and: f�ss two (2) years %Ilowing completion of sexvices pzovi.ded. A.zi. anr��a�-cCitif��a#��of izzsuran.ce must be submitted io City in evidence coverage. 10.2 � �neral Rec��umenrs (a} ��� 'i'�ie'�,commercial general liability and automobile liability policies znust nanne City� as an additional insured therevn, as its intere5t5 may appear. The term City ineIudes its employees, officers, offiCials, aoents, and voTunteers in resp�ct to the coniracted services. (b) The workers' eompensation poli�y must ineiude a Waiver of S�broga.tion (Right af Reeovery) in favor of City. (c) A ininnnum of Thirty (30) days' notice of cancellatian or reduction in liIn.zts o� caverage must be provided to City. Ten (�0) days' notice will be acceptable in the event of non payment of prez�azwna. Notice m�ust be s�nt ta the Risk Manager, City of Fort Worth, 2Q0 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City At�orney at the sanne address. (d) The ins�rers far aI1 policias inust he Iicensed andlor approved to do business in ti�e State of Tejcas. Al1 insurers must have a miniinum rating af A- VII 1TB 22�D097 Heavy �uty Repair and Services f'age 40 of 52 in the current A.M. Best Key Rating Guide, or have reasonably equivalent iinancial str�g� and solvency to the satisfaction of Risk Ma�agement. Tf Che rating is k�elow that required, vsrrritten apprq�+al o�'Risk Man.agement is rec�uired. {e) Any f�ilure on tU�e part of City to request requ.ired insuraz-ice documentation will not constitute a waiver of the insurance requirexnent. (fj Certificates of Ii�.surance evidencing that Vendor has obtained all requirec� insurance will be delivered to the Cit}r prior to Vendar pxoceeding with any work pursuant to t,�zs Aa eement. I 1. Compl�ance vvitk� La�vs, Ordinances, Rules and Re�ulations. Vendar agrees that in the performauce of its obli�aTions hereunder, it vtrill comply with all applicable federal, state and local laws, ordinanaes, rules and regulations and that any work it produces in connection with this A.greement will also comply witb, all appiicable federal, sta,te and ].ocal laws, ordivances, rules and zegulations. If City noiifies Vendor of any violation of such laws, ordir�ances, rules az' r�gulat[r.n5. �endor must irnsnediately desist from and correet the violation. � 12. Non-Discri�nination Covenant. Vendor, f�r i#sel�', its �Sex�onal representatives, assigns, cpnt�actors, subcontractors, and successnrs in interest, as pa��l � of the cox�sidera�X�p herein, agrees that in the pez�formance af Ver�dar's duties an.d obligations herer�r�d�r, it ��%} not discrun'rnate in the treat�exzt or ezx�ployment of any indi�idual ar grQup nf individunIs oz�•n,hr i�asis prnhibited by law_ IF ANY CLAIM ARI�ES FROM AN AL�.EGED VIOLATIQN Q�+ THI� �TON-DTSCRTNIINAT�ON CDVENAN'T' S�' VENDOR, ITS PER�ONAL REP���� NTATI��ES, AS5IGN5, CONTRACTORS, SUBCONTRACTORS, OR SC7CCESSORS 1�! IlVT]��TST, �VENDOR AGRE�S TO ASSUME SUCH LIA$1LXTY AND TO INDEMN�'Y AN.FI' I�k'�FEND��CITY AND HOLD CITY �A1�21vC1',ESS FROM SUCH CLA.�M. � 13. Nat�ces. IVo�ices� ��qu:r�;�?�l�.*^&t�a�tt"to the provisions of fhis Agreement will be conclusively deterrnined to have beari �d�fivered when (1) hand-deliuered to the otlaer party, its agents, employees, servan�ts or re. �. 4��es; ��) deli�vered by facszmile �i� electronic conftrmation of the transinission., or {3) rec;�ued by tk�e�o�-�?er pa�y by United StaYes Mail, registered, retuz�z� receipt requested, addre�sed as foIlaws: To CITY: To 'VENDOR: City of Fort Warth Att��: Assistant City Manager Tztle 200 Texas Strest Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 �acsimile: With copy to Fort 'W'nrth City Attorney's Of�ice at sazxie address 14. Soiicitation of Emnlavees. Neither City �.or Vendor will, during the tenn of this Agreement and additiax�ally for a�eriod of ane year after its termination, solicit fat employment or empIoy, wb:eth�r as employee or independent contractor, any persQn who is or has bean ez�ployed by the o�er durfn� the term of this Agreement, withaut the pxior written consent of tl�e person's empinyer. ITB 22-0017 Heavy Ruiy Repair and Services Page 49 of 52 Notwithstanding the foregoin;, t�iis provision will not apply ta an emplaye� of either party who responds to a generai soSicitation of advert�sement ai employment by either party. 15. Governmental �owers. It zs uzi.derstood and agreed that by execution of this A�reement, City does noi wai�e or surrender any flf its governmental powers vx z tnmunities. 16. No Waiver. Tlie failure of eity or Vendor to insist upon the perFarmance of any tertn or provision of this Agreement or to exeraise any right granted herein does not constitute a wai.ver of City's ar Vendor's respec�ive rigk�t to irnsist upon appropriate per%�nauce ar to assez�t any such right on any futuxe occasion. 17. Governyn Law / Venue. This Agreement w�ll be cansfrued rn accordance with the laws of the State of Texas. If any action, whether real or asserted, at 1aw or in equrty, is braught pursuant #o ihis Agreez�.ent, venue far such action will Iie ir► state courts located in Tarrant Couniy, Tsxas or the United States District Court for the Northern DistricC af Texas, Fort Worth Diviss9n. I$. SewerabiIitv. Ii any provisian of this Agreem�� =s held to be invalid, illeb 1 or unenforceable, tk�e validity, legality and enforceability of the re�r.f`a����n� pr�visioz�s will nnt in any r�vay be a�%cted or irnpaired. 19, �orce Ma_ieure. City and Vendor will�xercise C�'ieiz'�est effarts zo meet their respective dt�ties and obligations as set farth in this Agreement, but`wiii fi6t'be heId liable for any delay az omisszo�z in perfoz-mance due to farce :majeure or otf�er ea►_�ses beyon�l tl�sir reasonable control, including, bu� not limited to, cc�mplianee with any government laoii, r,rdusnr,ye. or r�gttlation; acts of God; acts of the public enemy; fazes; strikes; lockouts; natural disasters; wurs; ria��s; �:j�]�CITIICS OTp���il.lCS; government action or inaction; oz'ders af gove:nn�aa.er�t; �aterial o: la��or res�ic�ions hy any ;avernnzental authority; transportation probiems; restraints or g��ii��ti4��as �y a��y court, board, depaz�t�aent, co�nmission, or aganc� af the L7nited States or of any States; �uivil ciist�ri�ances; bther national or regional emerganci�s; ar any other simijar cause not enumerated he�eir� �ut �hia� is ��yond the reasanablE controI of the Pariy whos� performance is affected (colleetively, "k�r�i'�e Majeure Event"), The per�ormance of any sueh obligatian is suspended dnring the per;;:����#'t �n�fi �nn�y !�� ��k►e extent of, s�ch prevention or hindrance, prowided the affected �arty provzdes; ��tic�� dt the �� nrci�. N�a�eure Event, and an expIana�ion as to ho�v it ,preven�s or hinders the Party's pe�'orirance, as s�i+n as reasonably pvssible after ihe ocet�rence of fb.e Farce Majeure E�enf, with the reasonablen.��s nf suclt notzce to be determined by the City in its sole ciiscretion. The notice zequired by this section must 6e��d��ssed and deiiv�red in accard�ce vvit� Sectioz� 13 of this Agreement. 20. Heaclin�s not ConErallin�. Heaciings and titles used in this Agreement are for reference purposes oniy, wilI n.ot be dee�ned a part of fk�is Agree�nent, and ace not intended to define or iimit the scope of any pravisiotz of tlzis Agreemen2. 21. Re�iew of Counsel. The parties aoknow�edge that eacl� party and its counsel have reviewed and revised this Agreernent and that the normal ruIas of consixtiction to �e effect that any ambiguitzes are to be resatved against the drafting parry wili nat he employed in the intezpretat�on af thits Agreement ox Ext�ibits A, B, and C. 22. A�cr�endments 1 Mad�fieations ! Extensions. No aznendment, modification, or extension of tlazs Agreement will be bir�ding upon a party hereto unless set forth in a written inslnzment,. which is executed by an autl�orized representatave of each party. 23. Coumterparts. This Agreement may be execnted 'ui one oz nnore coux�texpaz-ts and each ]T8 22-0��7 Hea�y �uty Repairand Services Page 42 of 52 counterpart wiII, foz all pu�oses, be deemed an. qriginal, but a1� suoh cqunterparts will together constitute one and the same insfi�enf. 24, Warrantv of Services. Vendor wazxants that its sezvices wi�1 ba af a high quality and canform to generall.y prevailing indr�stzy standards. City rnust give written natice of az�y hreach of this warranfy wifhin thiriy (30) days frotn tlze date that t�e sezvices are cornpleted. Tn such, event, at Vendor's optian, Vendor will either (a) use commarcially reasot�able efforts to re perform the services in a mannex that conforms with the warxanty, or (b) refiind the fees paid hy City to Vendor for the non.conforming services. 25. I�maisration Nat�onality Act. Vendor must verify the identity and ezxaployment eligibility of its employees who perfarm �vark under this Agreement, zncluding completin� the Ernployment Eligebility Vezi�ication F'onn (I-9), Upon rec�uesC by City, Vendor will provide City with copies of all I-9 forrns and supporting eligibility dacumentation %r each einployee who p�r�'orms work under thzs Agreemant. Vendor in�st adhex'e #o a11 Federal and State laws as well a� establish appropriate pracedures and conta-pls so that no sezvzces wilI be performed by any Vendor emp�nyee who is nQt legally etzgible to pe�rform such sezvices. VENDpR WILL TNbEMNIFY CITY A,'+VLI �f3LD CITY HARIVIX.ESS k'RQM ANY PENALTIES, LT�IBTLITIES, OR LOSSES DUE T� Vi�7LAT��INS OF TffiS P�IRAGRA�H BY VENDOR, VENDOR'S EMPLOYEES, CONT:��'CTORS, ��JBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will �tave th� r�ght to irnn��dza��7� terminate this Agreement for violations of this pravision by Vendar. F 2b. Ovc�nerahin ni Work Prodnct. City vvill b� tl�e sole and exclusive nwzaer of alI reports, wazk papers, procedures, gaides, and doeument�tirni t�!at are ere�+Pd, published, dzsplayed, ar groduced in conjunction wit$ the services pz'aui.ded under this A,�re�m�nt �snllectively, °`Work Praduct"). Further, City will be the sale ar�d exelusive awner of al�copyirig}�tr paEunt, i�r��e�arlc, i�ade secret and other proprietary rights in and to t]ie Woz'lc Pzoduct. O�:rs�� of th� ��iork Praduct will inure to the beztefit of C1ty �'rom the date of conception, czeation �r �'ixatiar� cif t,�e �1'���rk Product in a tartgible medium of expressian {whichever occzu�s first). Each capyrightahie: as���:t�;,f }#�ie War�C Product will be considered a"ve+ork-ruade- for-hire" within �lYe meaning of tYte C��yright Act of' 1976, as amended. If and to the extent s�ek� Woz-k Yroduc#, or any parC thereof; is �nt .�naid��pd a"work-mada-for-hire" within the zneaning of the Copytig�t Act of 1976, as amez�d�4i, �lendpr her4by �x�jressly assigns to City all exclusive right, titl� aryd znterest in ancl to the Work Produot� �nd all copi�� i,hereof, and in and to the copyright, patent, tradennark, t�ade secret, and all other pzoprietary-r���ts tb.ereii�,� that City �x►ay have or obtain, wi�aut 15�rther considera.tion, 1'i-ee from any claim,lien foz' balari�; d��c,, ,or �ights of retention thareto on the part of City. 27. Si�natur� Aut�tqz-ity. The persnn signing this Agreen;�ez�t hereby warrants that they have the legal autho�ity to execute this Agreement on behalf of the respective party, and that such binding authority has b�en �-anted by pxoper order, resolution, ordinance or otk�er authorizatian of the entity. This Agreezz�.ent and any amendzxxent hereto, may be executed by atay authorized representative of Vandox. Each party is fulty en.ti#led to rely on these wvarranties and zepresentations in entering iuto this Agreeanent or any amendrnent hereto. 28. Chan e in Cona an Name or Qwnershi . Vendor must noti�y C.ity's Purchasing Manager, in writin�, af a campany name, ownersi�ip, oz' adc�'ess change for #he purpose of maintaining updated CiYy records. The president ofVendor or authozized official rnust si�► the �etter. A]etter indieafing changes in a cdrr�pany name or owz�ershzp inust be accompanied with supportzng legal documentat�on such as an updaCed W-9, documents filed witl� the state indzcating such change, copy of the bvard af director's resolution approving fihe action, or an �xecuted merger or acquisition agreernent. �'ailure to pro�zde the specified docu�.entation so may adversely unpact future uat�oice payxnents. ITB 22-00�7 Neavy �uky Repair and Services Page A3 of 52 29. No Bv_ycotk of Israel. If Vendor has fewer thar� XO emplayees ar this Agreement is for less than �I�U,000, this sectian does nat apply. Vendor acicnowledges that in accordance with Chapter 2271 af the Texas Gavernrnent Code, the City is prohibzted from entering in#o a eontract with a company for goods or sexvices unless tIae conixact contains a wriiien verifica�ion from the cnrr�pany that it: (1. ) does not boycott Israel; and (2) wiIl not boycatt Israel during the terrri af the contract. The terms "bnycott Isxael" and "company" has the ��aeazungs ascribed ta ihose ienr�s in Section 2271 of'the Te�as Crovernzzaent Code. By signing this Agreement, Vendor certi�tes that Vendox's s�gnatuKe provid�s written verification to the Cii�y that Vendor: {1) does not bnycott Israel; and {�} wiIl no# boycott Israel during the term of the Agreement. 30. Prohibition on Boveattin� Energv Comqanies. Vendor acknawled�es that, in ancardazzce wzth Chapter 2274 of t�e Texas Govermnent Code, as addad by Acts 2021, 87ih LE;., RS., S.B. 13, § 2, ti�e City is prohibited from entering inta a contract for goods or services that has a val�e of $ I00,000 or raore that is to be paid who�ly or partly from public funds of.t�e City witl� a company witb� 10 or rnore full-time employees unless ihe contract contains a�+z-itten. v€�`i�ca�ion fram the co.mpany that it: (1) does not baycott energy co�npanxes; and (2) wiI1 not boycott en�rg} companies during the tcrm of the coutract. The terms "baycott ener�r cozr�pany'" anti "company"�a-t+e tl�� rr.�Ari�n� ascribed to thase terrns by Chapter 2274 of the Texas Government Code, as addedby��;:cts 3021, 87th� L�g., �.5., S.B. �3, § 2. To the ex#ent that Chapter 2274 of the Gaver�lment Code is ap�plicable to t�is �A,��c'sement, �y si�ning this Agreement, Vendor cez�tifies that Vendar's signataue prc�i+tdes rv�xi�'�n verif�cation t� the City that Vendar: {1) does not boycvtt ener�,ry companies; and (2} will not bt��r�ot��nergy companies during the term of �Ehis Agreemen#. 31. Prohibition on Discriminatio�a A��ai�ist I+�ir�arn� �nd Ammunitian Industries. Vendor aclrnowledgas that except as otherwise pmv�ded by �h�p�er �.274 oi the Texas Gov�rnment Code, as added bq Acts 2p21, $7th Leg., RS., S.B. 19,�� 1, �e City is prohibited from entering into a contract %r goods or services that has a value af $104,00� c1r morc ehat is��lo be paid wholly or partly from public funds of the City with a company with 1 Q or mi�re l�ill-ti�e_exnpf�ay+ses unl�ss the contract contains a written verificatxon fxom th� coznpany tliat it: {L} daes n�t i�,a�ve a praclice, palicy, g�idance, nr dir�otive that discriminates against a�reann enfity or,�u�earni trade� �s�;�rciation; an,d (2) wiII �flt disariminate during the tenn of the contract against a fre�+� en�ity oz �re�nn trade associatifln. The terms "discrzmznaie," "�rearm en�ty" and "�zearm tzade ass�ic�ifl�ion" ha�e s�e meaning ascri6ed to those terims by CI�a.pt�z- 2274 of tbe Texas. Govez7n�ment Code, as added l�y Acts �021, 87th Leg., RS., S.B_ 19, § 1. To #he ext�nt that Chapter 2274 of the Government Code is a�piica�;e�b this Ag�-eeznent, by signin� tYiis Agreement, Vendor cert�es that Vendor's signature provides vvri#t�n verificatiaz► to ihe City ti�at Vendor: (1) does not have a practice, policy, � idance, or directive that discriminates against a firearm entity or �rearm frade association; and (2) will not discrirr►inate against a firearm entity or f ressm trade associafion during th� term of this Ag�reemen#. 32. Electronie S�natures. T'his Agreement may be executed by elecironie signature, which will be eonsidered as an or boinal signature �or all puiposes and Y�ave the same force and efFect as an original signat�'e. For tl�ese purposes, "elect�onic signature" means electronically scanned and transmitted ve:rsians (e.g. viapd£iile nrfacsimile transmission) o�an original sigz�.ature, ox signatures electronicallyinserted via software such as Adobe Sxgn. 33. Entirety of A�reement. This Agreement, ix►cluding ali attachments and exhibifs, contains the entire understarAding and agreanaez�t Uetween City ax�d Vendor, their assigns and successars in infezest, as to #he matters contained herein. Any prior or conteznporaneous o:ral or writt�n agreement is hereby declared nuil and void to. the extent in conflict with any provision of fihis Agreeinent. lTB 22-fl017 Heavy Duly Repalr and Services Page 44 of 52 ZN WITN�SS WHER�OF', the parties hereto havE execut�d thi5 AgreemenY in r�7Eulti�le5. C�TY O� �+'O�T WaRTH: By: Narn�: Title: Assistant City Manager� Date: , 2Q APPRO'YA� �CQMI1'�ENDEI): By: Nattic, `�'itle: ATTEST: By: t�aEne: Titie: City Secretary VENDOR: By: �ria�ne: Title: Da#e; , 20 COiVTRACT CClMPX.�ANCE MANAGLR: By signing I acknowledge that d ans the p�rsQ�i respoaisible for the monitoring an,d adininistratioii of this contract, including ensui•ing ali perforinaz�oe a��d reporling require►nents. By: Name: Title: APPR��ll A� TO �'O�ZM AN'b LEGALITY: B}►: Na;rfc; 'ritle: �5istant City Attorney ���!'f"�AC,T ArTTH(7RC'LATION: 1�.��: �'o�nn 1�4�: ETB 22-OD17 Heauy Duty Repair and Services Page 45 of 52 EXH1BxT A SCQ�E O� S�12VICES r� � � �+ � v � 4 � lTB 22-0017 He�vy 17uty Repair and Services Page 46 of 52 EXHIBTT � PAYM�NT SCHE��ILE � �, � ITS 22,p(117 Heavy Outy Repait and Services Paga 47 of 52 EXHI��T D VERIRICATTQN O� STG�NATU�tE A.UTX�O�'�`Y Exccution of tl�is Signature Veri�ffcation Farrn ("Fan1f") ftereby cert��es thar t�e F�llo�ving i.ndividuals ancl/or positions have the au�iioriiy to le�ally bind Vendor and to execute a�y a� eeznent, amendmez�t ar chaqge ordex on behalf of Vendor. Such l�inding authori#y �as been �ranted by proper order, resolu#ion, ordinance or othtir az�flinri?�a#inn �,f'�eMdor, City is fizlly entitied to rely oix tl�e warranty and representatio�. set �artk� in tlyis �'an�t kn e�±�rinb 'rr�ta �tiy a�met�nent oi an�Px�d�inent with V�ndor_ Vendar will su�mit an updated Form witMin ten {11J} �usiiiess days sf il�eze axe any rhan�es ta th� sXgnatory autl�ority. City i� entitled to reIy on any current executed Form untrC Et rec��v�a a re,^sed re�.rm tliat l�as been property executed by 'Vendor. Nan3e: Positao�.: Signatura 2. Name: Posiiion: Si�na€ur� 3. Name: � 1'ositian: Si�ati�ire - - - Name: � ._ �' Sig�ature of Pre,sident / CEO Qther Title: Date: � ITB 22-0047 Mea�yr [�uty Repair and SQrvEces Page 46 of 52 ATfACHM�NT G F'ORT �b�TH City af Fori War#h �usiness �quity UiiiizatEon �orm Oisaduantaged �usir[ess Enterprise Util3zation �arm (Appficable if Federalfv-Funded�, Failure to complete this form, fn its entirety, �nd rece[ved Dylhe Purchasing pivision no Eater then 2:aD p.m, on the second City business day aRer b(d v�ening, exctusive of bid opening date, will reault fn !he fsid heing considered non-responsive to bid speeiftcations. Excepilon: CFA, lC�4, and CDBG proiects doaumenEs wll[ be submitcad ta the CJIy Pwieet Maneaer if pub�i� bid orto the i7eve€anex if privafc3v 8id. Tha undersignetl Prim�l6fferor agr¢Es ta enter intv a inrrna[ agreemant wilh the Business Equiry firm{sj Iisled Rn this-uWizafiqn schedu�e, conditioned upon execution af a conhact wiih the City of Fort Worttt (Exceplion:_Developer proieclsl, The intentianal and/ar knowing mfsrepresentation of facLs ls grounds forConsideral�on R/disqual�ilcadon and will resalt in Ihe bfd befng cansidered nonKesponsive to bid specificatlons. , Business �quily flrms li5tad tQward meeting ihe proJeet goal must be leca[ed fn 1he City's markelplaca at the time ef bid or the business has a Si�nificant�Business Presence in the Marketpface. The markeSplace Is tha Citv of Fort Worth (ncludinr�portions o( Denton. Parker4 Wise and all af Tarcant f?afPas and Johnsan caunf�os. Certified means thbse firms, �ocated withia� the Mar&etplaoe, that have Ueen cfstermined to be a'bona-fide mirtarify or wonten 6usiness enterprisa By tf�a Norih Ceniral'Cexas Regional Certii1C211an Agency (NCl'ftCAj, (]allaslFart +NOAh Minorily Supplfer �evelopmenl Counail {�1FW MSDG) and Women'x Business Council-Southwest(W9CS). IF hauling services are �lilized, !he Pr3melOffaror will be giver� cradit as fang as the 9usiness Equfty firm Ilsted owns and operates at IOasC ane tully iieensed aod aperationai lruak to ba used on ihe cantract. "fhe Business �quity firms may fease Erucks Trom anolher Bu9iness Equity firm, Intluding 8uslness Equily ownsr-operatod, �nd receive lull Business Equity Gredtt, The Bvsiness �quity firm may lease irucks tro�n non-Business Equity firms, inciuding ownervaperated, hut will only recaive oredlt for the teas anC comm€ssions earaed by the Business �qulty as outiinad in the lease agreemeni. Note: Far f]BE Gaa[s, 60% of thp services couitt towerds the goal. Piease see heiow. Counting DBE Participation: !f materials or supplIes are obtained (tom a aB� manuEacturer, eaunS i0Q parcent o(!he cosi of ttis malerials or supplies iowards �he goal, If themaierials nr swppiies are purchased from a Q9E ragular dealer, count 64 percent oi the cost of the materia[s and supplles ioward the �8E goal. When materials or supplies arepurchesed hom a DBE neiEher a manufaaturer nor a regular dealer, cauni the anHre amount af fees or commissians chsrged for assis[anr.e in lire procurement af the matsrials antl supplies or fees or !r&nsportation chargEs for the delh�ety pflhe materials or supplies delivered to tha]ob sita, In EII cases, the PrimalOfferoris respansible tv identiry ihe amounts ta he vsed toward the committed d6E goel. ITB 22.Q077 Haauy dury Repsir anrt.servlces Page d9 c} 52 Etieclive O1f0112021 Updatad p6l2812p21 ALL BLISINESS EQE1tiY FIItN15 MUST 8E CERT[FIED BL�F'ORE CONTRRCT AWAl2[} FORT W4R'I'H �usiness �quitv Utiliza�ion �rsrm P�aase nnia ihal only certified eusinass EquityTirrns wlll be cnurttetl tn meet Ihe Business Equity goa1, Primef�fferans ane required Eo identify ALL subcontracturs/suppiictrs, eegardless of stalvs; i.e„ Business Equity fnrns and n:�:�::�^e� �;�Ny fl."m5. P�ithP.�4�!e�ors rnust idenlifyby tiar tevel all subroniraCtorslsuppliets.li�r: means the level af subconlrac�ng belaw the PdmelOtferor i.e_ a direcl paymem kcrn 4�r Pnme101fe-ar ta a ss�naer��cror,s �r;i��: �; '; v� ��b�, �;��me?nt hi a 4�lbconuactar ta iis supplier is cpnsidered Z[!CI GBf, HL43f13ES$-E({41IE�f Fl1115 8!'�B t4 I78�YISt9d DB�OfFF E10I1-BU3Ih1lS7f F�'.�7� �rtTs� Th�+ Pri^2'i��iBfCf 5 FQ:pEi45tLi2 kfl RR�y+�` Fro:f si� pa;-^�nns o� all tiered �suh-cnntraclol's/supptlefs idenfffied as a Business Equity fifm arld cauntin9 lhose dollprs ta,ua�s nie��.^.n IP� �phr.;,qi �-�s�;:�i!;� r�al_ Gertii�i�ed Business Equiry PrimelOfisror Canhactdn� o�an�ir�j t8�i� 5?It-yadarmancr k;�a ^s �r,eetir� L-^� aqr:1�:C; 5nxl� mur� br �C.,�� v.l:r.» lhope i-�AYG$ 4�^!mP�!t}' +�d�a y�.9ih a esrh�'rng agency acceptable by the C�y al �c�; :M1+u;h. Ce:��+x� �usine,ss �Q'1R�y P1G-�rlof4fiorar c:,sir��� °e�i�lomt�r9 #en,fGe4 k9ti'fP�d5 �hQ �]al, ib�8 R6JVIG:3($� I.R I7@ f}f�ffQYR16t] should ire lisfed first an Ihe Ut[lizadan lornf, _ Check ihis hox�if cerEified Prirne Gontractar services wilt 8e counfing towards fhe S�sirtass �t�uity conlracting goaL Please list serviees ftrst below. Please iist certiiied Business E uit firm names as Iisted an the9r cerifiieatEan includfn aBA names. IVAM�S AND Ab�RESSES O� TYPE OF SEkVICL5fSUPYLIE3 gPecify Tier Certification A enc COhiTRACTO[iSlSt3PPLlER9 PRdVI��p{NAICSRequiret�j ��na7stTier 9 Y GenderandEthnicity: GFtPp�V�^�� nr:} LLC Tyeaei3ervicglS�fpnlies: �y���,� g+: Business Name: �fJale �Feme�e � Noa-9lnary 260'I lh�I�LIAh,# �' TATC P,�ECF�lAN:C�',� 3�EPA�I� Address. GFi�4?EVaNE :'x �fG�ti 1 C4h1 RIS�(� �Afti�an American � H�spaaic 81?-11�-i50�U ��vcrr�c�a �I asian Pt�one: SRAN,�R�Z�CRAF�YIa,I�d�J. AI�Sooeu; 1C�UT �e",�BCS'� �maE1: C�M �� � � � th�r: I� ICat�caaia: �NatiYe SANTIAGOF?AMin�Z S,�MoUNT.�,���.��'� Amer�ean Contacf Persan: — � Sus€ness Name; Address: Phanet �mail: Contaci P�rson: �31l9111BSS IV8ES14; Acidress: Phorse: EmaiE: Cantaat Person: -r+F„ n€y;,w.; ;�ea�DPlie4: GsfrtiTred 8y_ � ❑ Ae,.�e �y �emale ❑ Non-�Inary �w r�s�c� �H�.���A �Afr3C8nAmerican �HIspanic P��ikGS CnAe: �iXqOF �BCS ❑Asian ����. ���her. QCaucaslan �Nalfve American Tyoe of Servlcel3uealig�: Ger11TiC� T3v � M�IC � P�iTla10 � NpR-Blll�ry �orv� �a�5oc nNCT1i�A ❑Afri�anAmeriCan �HlspaniC �p�lo-, S AIVIOIlNT: ITB 22-0417 HO�v�r Oury Repair and Sa:vJces Page 60 oS 52 ���JP.;;.S ❑ Astan � � Caucasian �Native I Amerfqn Effeative 61101120Zf Updeled p6128l2021 FOR'i' WO�tTH �usiness �quitll U�iliz�fion �orm Pleass inc[ude multkple copies af this page if needed to list all contractars and suppliers. NAiNES ANn ADnRESSEs RF TYP� pF S�RVlCE515UPPLIES gF�cify Tirr C4h1TRqCTORSI$l1AFLIE�t5 PRQV10�li (t�AiCS R�qulredj Name tst Tier Certification iAgency Gender arttl Hthnici�y: BuSittEss ��:!?o; TYp� �f ServicefSuonlies: Cer#ified By: ��pale �Femaie ❑Non•Hinary Address: �o1FW MS�C Phane: Email: Cantact Pcrson; �usiness ;'amc; Rrtdress_ � Phone: E'rnail: CD11�aG� �lR54A: By51flBSS Na[��; Ad dress: Phor,e: �maiL Contact Persnn: Bus�ness Name: Address: Phone: Email: ConEaCt Per5o17: & AMOUNT; 71�ne of�Ser Gad■: $ AIUEaL�k7; Ti'i•3 �°.$' .�tiC:Su��lles' NAIG9 {:odc� � annntrNT: Tyea ef $�ry�celSunolles; G�:::.-, $ ANJIOUIVT: 1i822-9017 Heavy Duty ftepairand S�rulCas Page 5'1 of 52 �AiricanAmetic8n �F3�spanlc ❑WBCS �Rsian �Oaucasian �Native Arttericaia CerNfed By: � Ma[e �Famale �Non-8inary �CSFW MSf7C �fVCTRCA �Afrlwn Amedcan ❑�{ispanic ]rxooz �wacs ❑ns�a� ]Othet; �Caueasian �N���we Ameriaan Certified By. � �ala �Female �Non-6hrary � DF�V MSDG �NCTRCA �Airican American �Mlspantc �TXbqT ❑WBCS ❑Asian �Oth9r: �Ceucssfan �Native AmeriCan CertiTedBy: ��a]e �Female ��on•Hinary ]oFw MSpG �NCTRCq �AEricanAme�ican �Hlspanic �TXdOT �yVgCg �Asian �Qther �Caucasian �IVaiive Amerrcan Effective O tlAil1027 Updalad 0 672 8 120 2 9 FOIZT �dATH �u�iness �quify tlfitiza�i�n Form Tota{ Qollar Amouni af Cer#iCed Primei0iferor 5ervices towards cant.rack goal � 4,817,79� iotal �ollar Amaunt of Busfness Equity (ar D�� if applicabTeJ SubcontractorslSuppiiers $ Total Dol�arAmount of AEan-Business Equity Subonr�frac#arsl5uppliers � 707'AL DOLLqR �,MOUNT OF C�RiIF'!EU PRIMEIALL SUBCaNYRACTORSISUPF'LI�12S � 4 g17�qg0 The PrimelOfferor will not maice addilions,. deEetinns, or subskitutions to lhis certified tist wifhautthe prior approval of tne Business �quiry �ivision through the suhmittal af a l�equesf iar Approvat of Change/Addition online. Any unjustifled chenge or defetion shall be a material breach of contraet and rnay result in debarment i� acaord wtth ihe proeedures putlined in #he ardlnance. 7he PrimelOfferor shall submil a detail�d explanatipn pf how the requesteci changeladdition or deletion will affeot the committed Buslness �quity goal. If the: de#aii exp�anation is not submitted, it wfll affect theflnal compliarrce determfnat�on. E3y affixing a signaiure to t�is farro, the PrimefOfferor further agrees tn prov�de, directty io the Gity u�on request, compl�te and accurat� lnformaEion regardin� actuai work perForm�d by all subcontractars, ineiuding no�-Susiness Equity frms. The Primelflfferor also agrees En allow an a�dit andlor examEnatian of any baoks, rscords and files held by their company. The Primel4fferor agrees tti allow the transmission of interviews wtth owners, principals, offfcers, employees and applicable subcontractorsrsuppiiers particEpating an the cantract that will substantiate #i�e actual work perfarmed try fhe Business Equity firms on th{s cantract, by an authorized o�cer or employee of the City. A PrirnelQ€ferer wha inkentianally andlor lcnowingly misrepres�nts ateriaf facts shall be qebarred for a period of time of not less thar� fhree (3) years. ,�l � �'� SANTIAGd RAMfR�Z Autharized 3i�raatu Printed Signaiure D#R�CTOfi �F FIafED OPERA7101VS T�t1e Contact Name and Title {if different) GRAP�VINE DC.f LLC g�7��p..7��� Gompany Alame Phone ��mber 2609 1lVILLf;4M D TATE SF��AMIftEz@GRAPEVIN�RCJ.C�M Address �mail Address GRAPEVINE TX 7B05'! 1l512022 CitylstatelZip Code pate Departmenk o# Diversity and fnclusion - Business Equily �ivislnn ITB z2-oo�� Hea,�y elury Repatr �ntl Services �Hecwe ot�tr10z1 �mail: [)VIN BEQffiee@forfworthtaxas.gov Pa4a 52 p� 52 Ph: 81Y382-2&74 Upda�ed nsr2sr2ox� C�1VF�I�� �F ihli���SY �U�SiI�i�N�IR� ��Rilli �I� Far vendor cfaing busPnass with lacal governmentaf entiiy This qusstionneire refieats change.s made to ihe law by H.B. 23, 84th Lsg_, Ragular Sesslon. ��FICEUS�QNLY 7Tils quastionn�ire is bell� filed in a�cordance with Chapter iZ6, Local Govemmant Code, by a vandar who aate Raealved has a business relationship as deflned by Sectlon 176.001{1-a) wi[h a loca! govemmental endry and the vendor ma.ets requiraments under 5ectlon i76.008(a), By law l�is ques6ormalre must he flled wllh the records adminish'ator of Ute.local gov¢rnmentaE enury nat #ater Ihan tl�s 71h b�iness day aiter the date the vendor becomes aware oF Facts Ihat require tl�a statement to be hled. See Sec4on i76.006(a-I), l.pcaf Gavernment Code, A vendar commits an of#ense iF the vendor knowing.ly violates SecGon i7s,D06, LOCaI Government Code. An offense under ihis seation is a misdemeanor. � Nama af ve�dor wE�o has a 6usiness rela3ionship witFi local governmer�l entiiy. z i�l ��'1�� �1�� �.� �� �Chee[t3hisboxifynuarefilinganupdafetoapraviousiyf[iedques�ionnaire.(Thslawrequlresthatyoufileanupdated compfeted questlonnaire with the apptopriate iiling autharlty not latar than the 71h business day after the date on which you becarne aware that the arigirtally flled questionnalre was incomplete or Inaccurate.} 3 Nameoflocalgovernmentofficeraboutwhom#heinformationisbeingdisclosed. dJ'�i��i Name of afticer ¢ Descrfbe each empioyment ar other business relationship wifh the [oca[ governmenf of�icer, ar a iamily mem8er of the offlcer, as described by Section 176.003(a){2)(A}. Also describeany family relationship wiFh iha local governmen# officer. Comp[eiesubpartsAandBioreachemploym�ntorbusinessrelationshipdescrihed. Aitachadd��ionalpagestothFsForm CIGlas necessary, 1� � � A. Is the local govem�nent offfcer or a tamily member of tite oifieer receiving ar Ilkely to receive taxable incame, other than inveshnent income, from ihe vendpr? � Yes � �!e 6. IS the vendot receiving or likely to receive taxable Ineome, other than Investmeni Income, from or at the direciion af the local governmeni olfiaer or a famlly member of the officer AND ihe iaxable Income is noi received irom the Iocal governmental entity? � Yes � Na 5 UescriE�eeachempluymentorbusinessreiationshipfhattheven8ornamedinSection9maintalnsvviihaaorporationor other business erniiy wit6 respect to which the local govcrnment officer serves as an nfficer or direc#or, ar holds an ownership Pnterest nf nne percent or more, s ❑Check ihis boX If the vendor has ven the local government offlcar or aiamily memher of ihe atflcer one nr more gifts as described in Sectlon 176.0 a) (6j, excluding glfts descrlbed irs SectEon 176,003(x-1), 7 1 zZ 5ignatur9 of va or do4ng ' ss wi � governmsntal e pa� Fomrprovided.by 7exas 5t}�ics Commisslon www,athics.stale,ix,us Revised 111120�1 ITB 22-0017 Hea�y �uty Repair and Services Page 27 of 52 E�I[BIT E V�R�FYCATIDN 4F 5iGNATI7RE AUTHORITY G�i.AP�VINE DCJ T.LC 3�601 WILLIAM D TAT� GRAY�VIN� TX, 76501 Exu�cution of this 5iguat�u•e Ver'rfic�l.ior� k`orm ("Form") hereb.y ceiti�ies tk�at the following ianda�iduals and/or pasitinns have the authority to legally bind Vandor aud to exeoute any agreement, aruendment or change ord�x• on bel�alf of Vendor. SuchUinding autliority �as been granted by proper order, resoh�tion, ozdanance or other authariza�ion nf Vendor. Ci�y is fully euti�led to rely vn the wairanty aud representatian set forth in t11is Form in entering iato any agre�m�nt or amendralant with Vendo�, Vendor w'rl! submit an updated Form witkiin ten (10) husiness tiays if tiiere a�re any changes to the signatory authority. City �s en6itled to rely on any current executed Form until it recci�ves a revised rorm �at has bean pro�erly executed by Vendar. � 1. Natne: �+�v-'-i�-£�'+� ��r ��1�G1 C��V'�'f�� Position: �ni �"'� ., _..�1- Signnf,ure 2, Name: Fosition,: Signature 3. Name: FosiCion� Signature Na�ar►e;r�L� �g�aatu�•e of �residertt / -�O ._- -�—. _ �..—� Other Title: �l��i/'� �"'`-'"�'���Vi Date: �J�c�-���7r Vendor Sezvices Agreen�ent Grape�ine DCJ, LLC Page �5 of �5 M&C Review �I� ��4��iCY� /�����1� Grea�e R�e�v �rom ihfs [i��C Page 1 of 3 Qfffcial site of the City af Fort YVarth,'Fexas ��RT'�ORTI� .��� R�����IdC� **M&C 22- 13P 1TB 22-OD'[7 HEAVY �Ai�: 611412D22 ��.: 0449 ��� ����: aUTY SERVICE AND REPAIRS ADK PMD C�D�: P iYF��: CONS�NT ���L1C NO R1�ARlNC: SU�J�C�: (ALL) Authorize Non-�xclusi�e Purchase Agreements with Custom Truc[c One SoUrce, L.P., Daco Fire Equipment., Frank's Wheel Aligning, Inc., Grapevine DCJ, LLC., Hundley HydrauEics., Metro Fire., CDA Hydraulic Soiutions dba Pirtek., Adams Welding Campany, Inc. dba 5haw Bros Welding., So�thwest {nternationaf Trucks, lnc., Texas Kenworkh Co dba MHC Kenworkh., and Zimmerer Kubota and Equipment, for Heavy Dufy Repair and S�rvices in an Annual Amount UP fo $1,305,278.00 and Authorize �our One-Year Renewals for the Same Annual Amounf for the Property Managemant Department R�C8C411M�f���4T10[d: lt is recommended that the City Council authorize the award af non-axclusive purchase agreements with Custom Truck One Source, L.P., Daco Fire Equipmenf., Frank's Wheel Aligning, In�., Grapevine QCJ, LLC., Hund{ey Hydraulics., Metro Fire., CDa Hydraulic 5olutiqns dba Pirtek., Adams WeEding Company, Inc. dba Shaw Bros Welding., Southwest Inkernational Tr�cks, Inc., Texas Kenworth Co dba MHC Kenworth., and Zimmerer Kubota and Equ9pment, for hea�ry duty repair and services in an ann�al amount Up to $1,3fl5,278.00 and authorize four one-year renewals for the same annual amount fior the Property Management Department pISCUSSEBiV: Th� Property Management Depar�ment approached the Purchasing Divisior� to procure an agreement for hea�y duty rePair and services of City of Fort Worth (City) owned vehicles and equipmenk. Fleet is responsible for acq�isi#ion, preventati�e maintenance, repairs, and fueling for the Gity's mixed fleet of vehicles, off-road equipment and other related equipment. The Purchasing Di�ision issued an ln�ita�ior� to Bid (ITB) 22-0017. The bid defailed specifications descrihing the s�rvic�s and repairs required to maintain the �ehicles and equipment. 7he ITB was ad�+ertised in khe �ort Worfh Star-Telegram from December 15, 20�1 through January 6, 2022 and 11 responses wer� recei�ed. Staff evaluated the responses based on a Best-Value criteria, which included (a) a�ailability of resources to perform services with qualified persflnnel, (b) bidder's q�taEification and certificatian, (c} experience working with gorrernmentlsimiiar size organizaiion, (d) cosfi. The indi�idual scores were averaged for each of the criteria and the final scor�s list�cf in the following #able. LJpon re�iew of the bid submissions, scores and pricing, Purchasing siaff rec�mmends awarding a non-exclusi�e agreement with a11 bidders. rs u��ion �acfoPs �ruck �ne I1 � L,P. �ire �auipment 115 I17 �ran�s �Is�d Alighning, inc. Gra�edine DCJ. ��� 1� 117 15 118 otal Score 3.5 1.5 1.5 http://apps.cfwnet.org/council�acket/me re�iew.asp?ID=30003&couaacildate=611412Q22 7/112Q22 M&C Review undley bycfraulics 15 19 D 22,5 efiro Fire 15 23 D 25 DA bydraulic �oli�ons �5 2� 0 23.5 ba �ir�ek dams 111delding Co, Inc., �5 2� 0 23 ba Shaw �ros !�lelding ouiwest Interna�ional �5 22 0 25 rucks, ]nc. exas 4Cenwnr�h �o. dba � 5 24 0 2fi HC kGenwor�h immerer Kubn�a and �,� 18 0 22 pc[ipm�n4, lnc. Page 2 Qf 3 FUND[NG: The maximum annual amount allowed under �his agreement will be $1,305,278.00, however th� actua[ amount used wilf be based on the need of the department and availab[e budget. Funding is budgeted in the Fle�t S�rvic�s Outside Rep & Maintenance account of th� Property Management Fleet Parts & Fue] Inventory Department's �'Iee� &�quipm�nt Ser�ices Fund. BUSINESS EQUITY - A wai�er of the goal for Busin�ss �quity subcontracting requirement is appro�ed by the DV[fV-BE, in accordance with the 6usiness Equity Ordinance, because the purchase of gaods or ser�ices is from sources where subcontrac6ng or supplier opportunities are negligible. AGR�EMENT TERMS: Upon City Council appraval, the agreement wi[I begin upan executian and will end one year from that date. RENEWAL OPTi0N5: This agreement may be renewed for up to (4} four one-year #erms at the Giiy's option. This act�p� does not require specific City Council appro�al pro�ided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMN1SfRAT1V� CNANGE ORDER: An adminisirative change order ar increase may be made by the City Manager up to fhe amount allawed by rele�ant law and the F'orE Worth City Code and does �ot eequire specific City Council approval as lo�g as sufficient funds ha�e been appropriat�d. FISCR� IPlFO�RfIAiIOhElC�Rfl�'fCA�'IOI�l; The Director of Finance certifies that upon appro�al of the reeommendativn, funds are a�ailable in the current operating budget, as previously appropriated, in the Fleet & Equipment Senr Fund. Prior ta an expenditure b�ing incurred, the Rroperty Management departmenk has the responsibility to validate the avai[ability of funds. BQNII Fund Department Accaunt Project I� Ip �'Ft0{Vi �'und �epartment Acca�unt P�oJect ID I� Submit4ed for Ci#y {V�anager's Off_ice b�: Oriqinatiinq �epa�tmenf Head: Program Prvgram � Activity Year � (ChartField �udget Refe�ence Year [ChartField Reginald Zeno ($517) Dana Burghdoff (8418) Anthony Rausseau (8338) S�e�e Caoke (5134) bttp:l/apps.cfwnet.org/council_packet/mc revieuT.asp?ID=30003&couneildate=611412022 7/1/2022 M&C Review /�dditional Informakian Confacf: Cynthia Garcia (8525) Ashley Kad�a (2047) Page 3 of 3 A7TACi�A��N�S 1295 Form- Custom Truck One Source.pdf {CFW Internal) � 295 Form- 5nu�hwest 1 nternational Truc�Cs I nc..pdf (CFW �ntemaq 1295 Form- Texas Kenworth Co dba MHG Kenworth.pdf {CFW Enternal) 1295.pdfi (CFW Internal) 13P ITB 22-0017 HEAVY DUTY SERVICE AND REPAIRS ADK PMD iunds availabil[ty_pdf (CFW Internal) FID TABLE.xlsx (CFW Internal) Form 129� Adams W�Idin Co. {nC.. df (CFW lnternal} Form 1295 Certificate 100902067 SIGNED. df (CFW �nternal) �orm �295 Cerkificafie 100902462 CITY OF FORT W�RTH. df (C�IV Internal) Franks '[295.' (CFW Internal) HUndley.pdf (CFW Internal) sCan.pdf (CFW Internal) http:l/apps.cfwnet.org/council�acketlmc revievv.asp`?ID=30003&councildate=611�l2022 7/112022