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HomeMy WebLinkAboutContract 51940 CITY SECRETARY CONTRACT N0. 51140 Page 1 of 1 BID SOLICITATION s�5 /� 9 � - Printed:10/26/2018 `" ©�`�"" BID OPENING DATE A TIME: 5 AND T ME 11115120181:30:00 PM BID NUMBER: 19-0008 BUYER:La'Kila Slack-Johnson PHONE M (817)392-8314 ext. DELIVERY REQUIRED:1 111 51201 8 E vendor Name: Ring Power Corporation H City or Ft worth o Address.500 World Commerce Parkway P Southside Service Center 4100 Columbus Trail cky,Stale 27p Code: St.Augustine,FL 32092 FORT WORTH TX 76102 R T Item Class-Item Quantity UnitUnit Price Total 1.000 Caterpillar 297D(2018 or newer model year) 1 EA SPEC 9210 SC EPR 2931 31�.Qp0 315.�0� Make and Model Offered Catelaillar 297D297D 2018 TOTAL: 315 000 WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: Net 30 Dffs COMPANY: Rina Power Corporation DELIVERY: 16-20 weeks delivery SIGNATURE: G TELEPHONE NUMBER: 904-494-1139 NAME AND TITLE: Ryan Stallings,VP 3 RECEIVED FE6 20 2019 cmo st R 0 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: �..— By signing I acknowledge that I am the person �� responsible for the monitoring and administration of B �i%v� this contract,including; ensuring all performance and By: reporting requirements. Name: Se>+5S- 1 Title: Assistant City Manager Date: / By: Name: Chris Means APPROVAL RECO ED: Title:Interim Assistant Director APPROVED AS TO FORM AND By LEGALITY: N e: cti er V nab s Title: g P operty Management Director By. Name: Matt Murray ATTEST: Title: Assistant City Attorney i J CONTRACT AUTHORIZATION: M&C: P-12295 CA 0Sq By: }tg 1015' x01;5-43 I as Name: Mary J. Kayser Title: City Secretary VENDOR: Ritig Power ATTEST: By: _ By: Name: #Q,,jA-v S, Name: � Title: S VI" Title: wl '��i'a1�4t'l t' Date: 2-7 -t9 OFFICIAL. RECORD CITY SECRETARY FT WORTH,TX PART-II INSTRUCTION TO BIDDERS 1.0 SOLICITATION , 1.1 Review of Documents:Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission,ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents:Solicitations are Issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation,clarification,or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations,corrections,or changes to the Solicitation made in any other manner are not binding upon the City,and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at(817)392-8440. The fax must clearly Identify the Buyer's name and the Solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. 2.3 Unauthorized Communications:Bidders'contact regarding this Invitation to Bid(ITB) with employees or officials of the City other than the Purchasing Manager,the Minority and Women Business Enterprise(M/WBE)Office,or as otherwise indicated in the ITB is prohibited and may result In disqualification from this procurement process. No officer, employee,agent or representative of the Respondent shall have any contact or discussion,verbal or written,with any members of the City Council,City staff or City's consultants,or directly or Indirectly through others,seek to influence any City Council member,City staff,or City's consultants regarding any matters pertaining to this solicitation,except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 3.0 PRE-BiD CONFERENCF� None 4.0 ON OF BIDS Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids submitted on other than the forms included in the Solicitation shall be considered non- responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City,State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder Revised 6.25.18eg should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 4.2 Brand Name or Equal:If the Solicitation indicates brand name or"equal"products are acceptable,the Bidder may offer an"equal"product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal"remains with the City. 4.3 Delivery Time:Delivery time,if stated as a number of days,will be based on calendar days. Time is of the essence In any City purchase. if the indicated date cannot be met or the date is not indicated,the Bidder shall state its best delivery time. 4.4 Free on Board(FOB)Point:Freight Terms shall be FOIA Destination,Freight Prepaid and Allowed. The Bidder should quote Its lowest and best price,with the goods delivered to the place specified,at the Bidder's expense and risk,and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise s:.mcified. 4.5.2 Pricing shall be entered on the Bid Sheet in ink. 4.5.3 Totals shall be entered in the"Total Price"columr of the Bid Sheet. 4.5.4 In the event of a discrepancy between unit price and extended price,the unit price shall govern. 4.5.5 Prices shall be offered in the Dollars of the United States of America(or decimal fractions thereof). 4.6 Signature:The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security:If a bid security is required for this purchase, the requirement will be reflected in the*Specification'section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted,and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. 4.7.1 To be an acceptable surety on the bond: 4.7.1.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties(Department Circular 570);or 4.7.1.2 The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed tc do business in the state of Texas. 4.8 Alternate Bids:Bidders may offer an"equal"product as an alternate bid. Final "approved equal"determination remains with the City. Revised 7.11.18c6 4.9 Proprietary information: 4.9.1 All material submitted to the City becomes public properly and Is subject to the Texas Open Records Act upon receipt. 4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed,each page must be identified and marked proprietary at time of submittal. The City will,to the extent allowed by law,endeavor to protect such information from disclosure. The final decision as to information that must be disclosed Iles with the Texas Attorney General. 4.9.3 Failure to identify proprietary Information will result in all unmarked sections being deemed non-proprietary and available upon public request. 4.10 Bid Preparation Costs:All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 4.11 Payments:All payment terms shall be"Net 30 Days"unless otherwise specified in the bid document. 4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods andlor services using the forms posted on the City's website at lid_Wwww.fortworthgov.ornl�urchasing%,click on"Automated Clearing House Setup 5.0 SUBMISSION OF BIDS 5.1 Bid document:Unless otherwise specified,Bidders are required to submit a signed executed original and one scanned copy in flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 5.2 Documents required with Bid:The following documents must be submitted with each Bid prior to the Due Date: 5.2.1 The completed and signed first page of this document; 5.2.2 The Price Offer in Bid Solicitation Sheet(s);and 5.2.3 Any other document included In the Solicitation requiring completion or execution by the Bidder. 5.3 Addenda:Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date and Time. Addenda containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name,address,the Solicitation number,and the Due Date and time. 5.4 Late Bids:Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the Purchasing Division is the time of record. It Is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S.Postal Office,courier companies, or any other form of delivery service chosen by the Bidder.Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. Revised 7.11.18cg 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids:Bids may be modified in writing at any time prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn in writing,or by facsimile(provided that the facsimile is signed by the Bidder)at any time prior to the glue Date. A Bid may also be withdrawn in person by a Bidder,provided the withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee,unless there is a material error in the Bid. Withdrawn Bids may be resubmitted,with or without modifications,prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received,reading each bid aloud. 8.0 EVALUATION FACTORS AND AWARD 8.1 Evaluation:Bidders may furnish pricing for all or any port ion of the Solicitation(unless otherwise specified). However,the City may evaluate and award the Contract for any item or group of items shown on the Solicitation,or any combination deemed most advantageous to the City. Bids that specify an"ail or non award may be considered if a single award is advantageous. 8.2 Award. The Method of Award is detailed in Section 19 lin Part III Scope of Services/Specifications 8.3 Acceptance of Bid:Acceptance of a Bid will be in the form of a Purchase Order or a Contract. Subsequent purchase releases may be Issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circu instances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. 8.4 Reservations:The City expressly reserves the right to: 8.4.1 Specify approximate quantities in the Solicitation; 8.4.2 Extend the Solicitation opening date and time; 8.4.3 Consider and accept alternate Bids,if specified it the Solicitation,when most advantageous to the City; 8.4.4 Waive as an informality,minor deviations from specifications provided they do not affect competition or result in functionally una--:ceptable goods or services; 8.4.5 Waive any minor informality in any Bid or Solicita Jon procedure(a minor informality is one that does not affect the competitiveness of the Bidder); 8.4.6 Add additional terms or modify existing terms in the Solicitation; 8.4.7 Reject a bid because of unbalanced unit prices bid; 8.4.8 Reject or cancel any or all Bids; 8.4.9 Reissue a Solicitation; 8.4.10 Procure any item by other means;and/or Revised 7.11.18cg 8.4.11 Award to multiple vendors on a non-exclusive award basis,or primary and secondary vendors. 9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 9.1 Certificates of Insurance:When insurance is required,the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award,or as otherwise required by the Solicitation. 9.2 Payment and/or Performance Bonds:When Payment and/or Performance Bonds are required,the successful Bidder must provide the bonds,in the amounts and on the conditions required,within 14 calendar days after notification of award,or as otherwise required by the Solicitation. 9.3 Minority Business Enterprise(MBE)Documents:if an MBE goal has been established for the bid,the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two(2)City business days after the bid opening date,exclusive of the bid opening date,to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 9.4 Certificate of interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution,the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at htips://www.elhics.state.tx.us/wliatsnew/elf info form1295.htm. 10.0 PROTEST PROCEDURE 10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria In the process. 10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days after the vendor knows,or should have known,of the facts relating to the proposed action or award. 10.3 The Purchasing Manager,or designee,is authorized to resolve a protest concerning a purchasing action through telephone discussions,mail,email or in person meetings with the protesting vendor. 10.4 After discussions or meetings,the Purchasing Manager or designee will Issue a decision in writing,state the reasons for the action taken and inform the protesting vendor of the right to review by a panel made up of City staff. 10.5 A City protest review panel will consist of an Assistant City Attorney,a representative of the operating department,the Purchasing Manager and any other appropriate personnel or employees of the operating department. 10.6 If the panel is unable to resolve the protest,or if the panel makes a decision with which the vendor does not agree,the protesting vendor will be invited to attend the City Council meeting at which the recommended award Is to be presented to the City Council and make known his/her concerns. The protesting vendor will be Instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document(M&C)in question. Revised 7.11.1 Rcg 10.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: htto://fortworthtexas.gov/citvsecretarv/info/defaulospx?id=2914 on the City's website. 11.0 COOPERATIVE PURCHASING 11.1 Should other governmental entities decide to participate in this contract,bidder,shall Indicate in their proposals whether they agree that all terms,conditions,specification,and pricing would apply. 11.2 If the successful bidder agrees to extend the resulting contract to other governmental entities,the following shall apply:Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible,but not obligated,to purchase material/services under this contract(s)awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed Revised 7.11.18cg i PART-III SCOPE OF SERVICEWSPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth(City)seeks bids to finalize a Purchase for a ARMORED CRITICAL INCIDENT VEHICLE as described herein this Invitation to Bid(ITB).The successful bidder(s),shall be known hereafter as"Vendor." 1.2 Omitted 1.3 Following the award,additional services of the same general category that could have been encompassed in the award of this Agreement,and that are not already on the Agreement,may be added based on the discount bid and price sheet provided with the bid. 1.4 Unit prices shall include all costs associated with the specified work,including but not limited to handling,delivery,fuel charges,fees and certifications fees. No additional charges will be accepted or paid by the City. 1.5 All items supplied resulting from this bid shall be of recent production,unused,and suitable for their intended purpose. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS The Vendor hereby agrees to provide the City with requirements attached hereto and Incorporated for all purposes incident to this Agreement in Attachment "G", Detailed Scope of Services/Specifications,more specifically describing the services to be provided hereunder. 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 3.1 The Vendor shall notify the City's Purchasing Manager,In writing,of a company name, ownership,or address change for the purpose of maintaining updated City records.The president of the company or authorized official must sign the letter.A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9,documents filed with the state indicating such change,copy of the board of director's resolution approving the action,or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 4.0 LAWS, REGULATIONS,AND ORDINANCES 4.1 The Vendor shall be responsible for meeting all Federal:laws,ordinances and regulations;State:laws,ordinance and regulations;County:laws,ordinances and regulations;and City:laws,ordinances,and regulations for safety of people, environment,and property.This includes,but is not limited to,all Federal,State,County, and City Agencies,Administrations and Commissions such as the Environmental Protection Agency(EPA),Occupational Safety and Health Administration (OSHA),and the Texas Commission on Environmental Quality(TCEQ).In the event any law, regulation or ordinance becomes effective after the start of this Agreement,the Vendor Is required to comply with new policy.Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. Revised 7.11.18cg 5.0 INVOICING REQUIREMENTS 5.1 All invoices should be submitted directly to the requesting department. It Is the responsibility of the Vendor to get the name of the responsible person,telephone numbers and address of the department's division at the time the service is requested. 5.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Vendor's name,number and federal tax Identification number,invoice number,address, date,service or item description,unit price,extended cost,and City issued purchase order number.Incomplete or inaccurate invoices may result in delayed payments,as they shall be returned to the Vendor for correction and re-submittal. 8.0 OMITTED 7.0 OMITTED 8.0 INSURANCE REQUIREMENTS 8.1 The Vendor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work and,+r this Agreement.The Vendor shall file with the City of Fort Worth Purchasing Division,prior to the commencement of services,a certificate of insurance documenting the following required insurance. 8.1.1 Failure to provide such Information within five(5)calendar days may be grounds for Agreement termination. 8.2 Policies shall have no exclusions by endorsements which nullify the required lines of coverage,nor decrease the limits of said coverage unless such endorsements are approved by the City.In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage,and the City desires the Vendor to obtain such coverage,the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 8.2.1 Statutory Workers'Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers'Compensation and Employers'Liability coverage with limits consistent with statutory benefits outlined In the Texas Workers'Compensation Act(Art. 8308—1.01 at seq. Tex.Rev.Civ.Stat.)and minimum policy limits for Employers'Liability of$100,000 each accident/occurrence,$500,000 bodily injury disease policy limit and$100,000 per disease per employee. 8.2.2 Commercial General Liability Insurance including Explosion,Collapse,and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Revised 7.11.18cg Coverage shall include but not be limited to the following:promises/operations, Independent vendors,products/completed operations,personal injury,and contractual liability. Insurance shall be provided on an occurrence basis,and as comprehensive as the current Insurance Services Office(ISO)policy. 8.2.3 Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on"Any Auto",defined as autos owned,hired and non-owned. 8.2.4 The Vendor shall furnish the Purchasing Manager,with a certificate of insurance documenting the required insurance prior to the commencement of services. 8.2.5 Omitted 8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured,as its interests may appear(ATIMA). 9.0 ADDITIONAL INSURANCE REQUIREMENTS 9.1 The City,its officers,employees and servants shall be endorsed as an additional insured on Vendor's insurance policies excepting employer's liability insurance coverage under Vendor's workers'compensation insurance policy. 9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Vendor can begin work. Failure to supply and maintain such insurance shall be a breach of contract.Vendor shall provide complete copies of all Insurance policies required by this Agreement.Certificates of Insurance must be supplied to: Financial Management Services Department Attention:Purchasing Division Bid#19-0008 200 Texas Street,Fort Worth,Texas 76102 9.3 Omitted 9.4 Insurers must be authorized to do business In the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. 9.5 The City understands and accepts that the Vendor employs a risk management program that if substantially self-insured for General Liability,Automobile Liability and Worker Compensation on Primary layers of liability up to the first$3M of each claim. 9.5 Other than worker's compensation Insurance,in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. 9.6 Workers'compensation insurance policy(s)covering employees of the Vendor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 9.7 City shall not be responsible for the direct payment of insurance premium costs for Vendor's insurance. Revised 7.1 I.1 ft 9.8 Vendor's Insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 9.9 While the purchase order is in effect,Vendor shall report, in a timely manner,to the Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 9.10 Vendor's liability shall not be limited to the specified amot,nts of insurance required herein. 10.0 PERFORMANCE 10.1 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 11.0 COMPLAINTS 11.1 Complaints processed through the City Purchasing Division are to be corrected within fourteen(14)days of formal notice of complaint.Written response to the Purchasing Division is required.Failure to properly resolve complaints within the fourteen(14) calendar day time period may result in the cancellation of the applicable line item(s)in the price agreement. 12.0 SUBCONTRACTING 12.1 No subcontracting of the work under this purchase will be allowed without written permission from the City. 13.0 DELIVERY 13.1 Delivery shall be F.O.B.Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses,freight,mileage,time,or:similar items will be accepted or paid by the City. 13.2 There may be instances when the Vendor may be asked to accelerate delivery of an order(s)due to extenuating circumstances. When this occurs,the Vendor will be expected to provide this service at no additional cost. 13.3 In the event the Vendor is unable to meet the original delivery date(s),the City must be contacted immediately,but prior to the due date,and seek an extension of delivery time. Failure to comply with the delivery terms may be legal grounds for canceling an order(s), or the entire Agreement in accordance with the Termination Clause shown elsewhere in the solicitation. 13.4 Delivery tickets must include the City's Blanket Order Number and the ordering department's Release Number. 13.5 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Vendor,or the Vendor's designee,at no cost to the City. If the item(s)are not picked up within one(1)week after notification,the item shall become a donation to the City for disposition. 13.6 Material Safety Data Sheets Revised 7.11.18eg 13.6.1 A Material Safety Data Sheet(MSDS)for each toxic or hazardous substance or mixture containing such substance,pursuant to Revised Statutes Annotated (RSA)Chapter 277-A(277-A),shall accompany each delivery. Delivery of toxic or hazardous substance or mixtures containing such substance without MSDS sheets shall not be accepted. Delivered containers shall be properly labeled pursuant to RSA 277-A. 1:3.6.2 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277-A,shall place the Vendor in non-compliance and shall result in civil or criminal penalties. The Vendor furnishing substances or mixtures subject to RSA 277-A,is responsible for adhering to and being In compliance with this law. Failure to comply with RSA 277-A,shall result in the cancellation of an order. 13.7 Manufacturer's Statement of Origin(MSO),signed Application for Title Form 130-U, Odometer Statement and Original Sales Invoice(s)shall accompany the equipment upon delivery. 14.0 WARRANTY 14.1 The Vendor shall provide a warranty to include at a minimum,but not limited to the following: 14.1.1 In addition to any other warranties in this contract,the Vendor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship,equipment, material,or design furnished by the Vendor or any supplier at any tier. 14.1.2 Upon notification by the authorized City personnel,Vendor will initiate agrees to repair or replace promptly,on a one-for-one basis without additional cost to the City of Fort Worth,any and all defective work and products.The Vendor Agrees to repair promptly any defective work and or products covered under written warranty in quote. 14.1.3 This warranty and all other warranties in this purchase shall continue for a period of at least 90 days from date of acceptance of products and work by the City. 14.1.4 The Vendor shall remedy at the Vendor's expense any non-conforming or defective products or work.In addition,the Vendor shall remedy at Vendor's expense any damage to real or personal property owned by the City of Fort Worth,when that damage is the result of a defect of products furnished. 14.1.5 The Vendor's warranty with respect to products repaired or replaced will run for 90 days from date of Installation and acceptance of such by the City. 14.1.6 The City of Fort Worth shall notify the Vendor,within a reasonable time after the discovery of any failure,defect,or damage. 14.1.7 If the Vendor fails to remedy any failure,defect,or damage within a reasonable time after receipt of notice.the City of Fort Worth shalt have the right to replace, repair,or otherwise remedy the failure,defect,or damage at the Vendor's expense. 14.1.8 This warranty shall not include failures attributable to accident,fire,or negligence on the part of City personnel. 14.2 With respect to all warranties,expressed or implied,from manufacturers,or suppliers for work performed and materials furnished under this contract,the Vendor shall: Revised 7.11.18cg 14.2.1 Obtain all warranties that would be obtained in normal commercial practice; 14.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 14.3 The Vendor's warranty shall include all third-party and othor,aftermarket components which are installed by Vendor. 15.0 SAFETY 15.1 The Vendor shall be responsible for meeting all Federal:laws,ordinances and regulations;State:laws,ordinance and regulations;County:laws,ordinances and regulations;and City:laws,ordinances,and regulations for safety of people, environment,and property.This includes,but is not limited to,all licenses,all Federal, State,County,and City Agencies,Administrations and Commissions such as the Environmental Protection Agency(EPA),Occupational,safety and Health Administration (OSHA),and the Texas Commission on Environmental Quality(TCEQ). 16.0 HAZARDOUS CONDITIONS 16.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 17.0 CONTRACT ADMINISTRATION 17.1 Contract administration will be performed by the City Department.In the event the Vendor fails to perform according to the terms of the agre;!ment,The Department head or his/her designee will notify the Vendor,In writing,of its fai .fres.A meeting may be arranged to discuss the Vendor's deficiencies. A written cUre notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 17.2 In the event the Vendor continues with unsatisfactory performance,the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s),which could include cancellation, termination for convenience or default.If the agreement is terminated for default,the Vendor may be held liable for excess cost. 17.3 The Vendor will be paid only those sums due and owing Under the agreement for services satisfactorily rendered. 17.4 The City reserves the right to terminate this agreement,or any part hereof,for its sole convenience. In the event of such termination,the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work.Subject to the terms of this agreement,the,Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination,plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system,have resulted from the termination. However,in no event shall the total of all amounts paid to the Vendor exceed the agreement price.The Vendor shall not be reimbursed for any profits which may have been anticipated,but which have not been earned up to the date of termination. 18.0 BIDDERS QUALIFICATIONS 18.1 The following information must be submitted as part of thy: bid package and shall be supplied in the following order: 18.1.1 Bidder's background,services provided and nurn ier of years in business. Revised 7.1 I.1 geg 18.1.2 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid.The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. 18.1.3 In order to receive bid award consideration,the bidder shall maintain sufficient resources to fulfill normal City of Fort Worth requirements. 18.1.4 Bidders shalt provide a reference list of a minimum of three(3)current customers (comparable in size)who the bidder has recently supplied subject item(s)on a continuing basis over a recent twelve(12)month period. 19.0 METHOD OF AWARD 19.1 Bids will be evaluated based on the lowest responsive and responsible bidder complying with all of the provisions of the solicitation,provided the bid price is reasonable,and it is in the best interest of the City to accept it. 19.1.1 A responsive bidder is defined to be one who submits a completed bid packet within the stated time deadline and in accordance with the bid specification. 19.1.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies,equipment,or services being procured. 19.2 In order for the City to receive adequate coverage on Its requirements as specified In the solicitation,the City reserves the right to make multiple awards. 19.3 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item,combination of items,or overall bid, as it is deemed 1n the best interest of the City. 19.4 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 19.5 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City Itself,another municipal corporation of like size,or private corporations during the past two-year period.Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 19.6 Any Bid that does not include a bid for all the items on the Bid Solicitation form may be rejected.The bid award will based on a best value model.The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received.Bids should,therefore,be submitted on the most favorable terms. 19.7 Tentative Schedule of Events: ITB Release Date Wednesday,October 31,2018 Deadline for Questions Wednesday, November 7, 2018, 5:00 PM ( Local Answers Posted Monday,November 12,2018, iTB Bid Due Date Thursday, November 15, 2018 by 1:30 PM (Local Revised 7.1l.l8cg Recommended Vendor Selection Monday,November 26,2018 Mayor and Council Consideration Tuesday,December 20,2018 20.0 BIDS 20.1 Bidders shall submit the following Items with their bid: 20.1.1 A completed and signed original Invitation to Bid(ITB)form; 20.1.2 A completed and signed original Bid Solicitation form; 20.1.3 A completed and signed original Conflict of Interest Questionnaire,Attachment A; 20.1.4 A completed Bidder's Contact Information Form,Attachment B; 20.1.5 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment C,if applicable; 20.1.6 A completed Reference Sheet,Attachment D; 20.1.7 All items listed in Section 18.0,Bidder Qualifications; 20.1.8 Scanned copy of all documents listed In paragraph 20.1 in flash drive. 20.1.9 Attachment G completed in Exel and submitted on flash drive with of all documents listed in paragraph 20.1 in flash drive 20.2 Failure to submit the items listed In paragraph 20.1 may be grounds for rejection of a bid as non-responsive to the specifications. 21.0 QUESTIONS 21.1 Questions,explanations or clarifications desired by a Vendor regarding any part of the bid must be requested in writing from the Purchasing Division by 5:00 PM on October 24, 2018(Instructions:Deadline cannot be less than 8 business days before the closing). Interpretations,corrections or changes to the bid made In any other manner are not binding upon the City,and Vendors shall not rely on such interpretations,corrections or changes.Oral explanations or instructions given before the award of the Agreement are not binding. 21.2 IN ORDER FOR THE QUESTION TO BE ANSWERED,ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL TO THE ADDRESS BELOW OR FAXED TO THE TELEPHONE NUMBER BELOW AND MUST BE IDENTIFIED AS LISTED BELOW: 21.2.1 Hand Delivery must be submitted to the Purchasing 21.2.2 Email questions to: FMSPurchasing_Responses4fortworthtexas.Qov Please include the bid number,name of the bid and(LaKita Slack-Johnson)in the subject line. Please note,if an e-mail confirming receipt of your e-mail Is not received within 1 business day,please contact City of Fort Worth Purchasing at 817-392-2462. 21.2.3 Facsimile:(817)392-8440,Attention: LaKita Slack-Johnson and Bid NO 19- 0008, Revised 7.11.18cg PART-IV ITB-19-0008 ARMORED CRITICAL INCIDENT VEHICLES CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DEFINITION OF BUYER The City of Fort Worth, Its officers, agents, servants, authorized employees, vendors and subvendors who act on behalf of various City departments,bodies or agencies. 2.0 DEFINITION OF SELLER The consultant,Contractor(s),supplier,Contractor(s)or other provider of goods and/or services, its officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth(the"City")may be requested by a member of the public under the Texas Public Information Act. See TEX. GOVT CODE ANN. §§ 552.002,552.128(c)(West Supp. 2006). If the City receives a request for a Seller's proprietary Information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that Its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes,Seller's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial Interest,direct or indirect, In any contract with Buyer or be financially Interested, directly or Indirectly, in the sale to Buyer of any land, materials,supplies or services,except on behalf of Buyer as an officer or employee.Any willful violation of this section shall constitute malfeasance in office,and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied,of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16,City of Fort Worth Charter) 5.0 ORDERS 5.1 No employees of the Buyer or Its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers,or release numbers issued by the Buyer.The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non- payment. 6.0 SELLER TO PACKAGE FOOD Seiler will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers,e.g.,box 1 of 4 boxes;and (d)Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise Revised 7.11.18cg provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation,and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's proposals. Buyer agre=!s to reimburse Seller for transportation costs in the amount specified In Seller's proposals or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 10.0 PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" 1:lock of the purchase order, purchase change order,or release order. 11.0 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them.Seller shall be responsible for all charges for the return to Seller of arty goods rejected as being nonconforming under the specifications. 12.0 INVOICES 12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall Indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver Invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 12.2 Seller shall not include Federal Excise, State or City _>ales Tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller's request. 13.0 PRICE WARRANTY 13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained In Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 13.2 Seller warrants that no person or selling agency has ween employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting r:rnployees of an established Revised 7.11.18eg commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee,or otherwise to recover the full amount thereof. 14.0 PRODUCT WARRANT Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer.Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications,drawings,and descriptions,Buyer's specifications shall govern. 15.0 .SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense.Where no correction is or can be made,Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 16.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software.This software is"proprietary"to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Seller: however Buyer may make copies of the software expressly for backup purposes. 17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (In this Section each Individually referred to as a "Deliverable" and collectively as the"Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any Intellectual property rights or other third party proprietary rights,in the performance of services under this Agreement. 17.2 SELLER shall be liable and responsible for any and all claims made against the City for Infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deiiverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deilverable(s)hereunder. 17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense, Including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, In accordance with this Agreement, It being Revised 7.11.18cg understood that this agreement to Indemnify,defend, settle or pay shall not apply If the City modifies or misuses the Deliverable(s). So long as SELLER bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, SELLER shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim;however,Cite shall have the right to fully participate In any and all such settlement, negotlatio 7s, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with SELLER in doing so.In the event City,for whatever reason,assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, SELLER shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give SELLER timely written notice of any such claim or action,with copies of all papers City r-iay receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate SELLER's duty to inda:mnify the City under this Agreement If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise,such use is materially adversely restrict::d,SELLER shall,at Its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized usv of the Deliverable(s); or (c) replace the Deliverable(s)with equally suitable, ::ompatible,and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to SELLER, terminate this Agreement. and refund all amounts paid to SELLER by the City, subsequent to which termination City may seek any and all remedies available to City under law. 18.0 OWNERSHIP OF WORK PRODUCT Seller agrees that any and all analyses, evaluations, report, memoranda, letters, ideas, processes,methods,programs,and manuals that were developec, prepared,conceived, made or suggested by the Seiler for the City pursuant to a Work Order,including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter(the "Work Product")and Seller acknowledges that such Work Product may be considered "work(s)made for hire" and will be and remain the exclusive property of the City. To the extent that the Work Product, under applicable law, may not he considered work(s)made for hire, Seiler hereby agrees that this Agreement effectively transfer i., grants, conveys,and assigns exclusively to Buyer,all rights, title and ownership interests,including copyright,which Seller may have in any Work Product or any tangible media embodying s.ich Work Product, without the necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its vendors hereby waives any property interest in such Work Product. 19.0 NETWORK ACCESS The City owns and operates a computing environment and netwo-k(collectively the"Network"). If Seller requires access, whether onsite or remote, to the City's network to provide services hereunder,and the Seller is required to utilize the Internet, Intranet,email,City database,or other network application,Seller shall separately execute the City's NeM rrk Access Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. Revised 7.11.18cg 20.0 CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof,including warranties of Seiler. Such right of cancellation is in addition to and not In lieu of any other remedies, which Buyer may have in law or equity. 21.0 TERMINATION The performance of work or purchase of goods under this order may be terminated in whole or in part by Buyer,with or without cause,at any time upon the delivery to Seller of a written"Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order Is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein. 22.0 ASSIGNMENT/DELEGATION No interest,obligation or right of Seller,including the right to receive payment, under this contract shall be assigned or delegated to another entity without the express written consent of Buyer.Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests,or obligations to another entity. The documents that may be requested include, but are not limited to.Articles of Incorporation and related amendments,Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller falls to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties,fees or interest resulting therefrom. 23.0 WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 24.0 MODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 25.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any applicable proposal documents published by the Buyer and Seller's Response to such proposal (the "contract documents"). This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement.No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall not apply. Revised 7.11.18cg 26.0 APPLICABLE LAW/VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term"Uniform Commercial Code" or"UCC"Is used. It shall be construed as imeaning the Uniform Commercial Code as adopted and amended In the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed,construed and enforced under the laws of the State of Texas. 27.0 INDEPENDENT CONTRACTOR(S) Seller shall operate hereunder as an independent Contractor(s) and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of Its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of Its officers, agents, employees, vendors and sub-vendors.The doctrine of respondeat superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, Its officers, agents, employees,vendors and subvendors. 28.0 LIABILITY AND INDEMNIFICATION, 28.1 LIABILITY-SELLER SHALL BE LIABLE AND RESPC NSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANWOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, T'O THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 28.2 INDEMNIFICATION-SELLER HEREBY COVENANTS,`SND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO R�.FERRED TO AS BUYER),ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS. AND ANY RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF LNTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS OFFICERS,AGENTS,SUBCONTRACTOR(S)S,SERV/ANTS OR EMPLOYEES. 29.0 SEVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such Invalidity, Illegality or unenforceability shall not affect any other provision of this agreement,which agreement shall be construed as If such invalid,Illegal or unenforceable provision had never been contained herein. 30.0 FISCAL FUNDING LIMITATION In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then Buyer will imme:iiately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon 5r which funds shall have been appropriated and budgeted or are otherwise available. 31.0 NOTICES TO PARTIES Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered three(3)business days following the day such notice is deposited in the Revised 7.11.18cg United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller In its response to Buyer's Invitation to proposals. Or If sent via express courier or hand delivery, notice is considered received upon delivery. 32.0 NON-DISCRIMINATION This contract is made and entered into with reference specifically to Chapter 17, Article 111, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents, vendors or subvendors, have fully complied with all provisions of same and that no employee, participant, applicant, Contractor(s)or subContractor(s)has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or subvendors herein. 33.0 IMMIGRATION NATIONALITY ACT Seller shall verify the Identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Seller shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Seller shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Seller employee who is not legally eligible to perform such services. SELLER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SELLER, SELLER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Seller, shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 34.0 HEALTH.SAFETY.AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health,safety,and the environmental laws,requirements,and standards. In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and Inspections necessary to provide the products or to perform the services hereunder.Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 35.0 RIGHT TO AUDIT Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to Buyer, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Seller involving transactions relating to this contract, including any and all records maintained pursuant to this Agreement. Upon ten (10) business days' written notice, Seller shall produce copies of such requested documents to the City. 36.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of Its subvendors. Seiler warrants It will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend, Indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or subvendors against Buyer arising out of Seller's and/or its subvendor's alleged failure to comply with the Revised 7.11.18c8 above-referenced laws concerning disability discrimination in the performance of this agreement. 37.0 DISPUTE RESOLUTION If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email,mail,phone conference,in person meetings, or other reasonable means to resolve any claim,dispute,breach or other matter in question that may arise out of, or In connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Seller acknowledges that In accordance with Chapter 2270 of the Texas Government Code,the City Is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company'shall have the meanings ascribed to those terms In Section 808.001 of the Texas Government Code. By signing this contract,Seller certifies that Seller's signature provides written verification to the City that Seller: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. Revised August 31,2017. Revised 7.11.18cg PART—V ATTACHMENTS ITB-19-0008 ARMORED CRITICAL INCIDENT VEHICLES ATTACHMENT-A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code,any person or agent of a person who contracts or seeks to contract for the sale or purchase of property,goods,or services with a local governmental entity(Le.The City of Fort Worth)must disclose in the Questionnaire Form CIO("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity.By law,the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City,or submits an application or response to a request for proposals or bids,correspondence,or another writing related to a potential Agreement with the City.Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Farm CIO is enclosed with the submittal documents.The form is also available at http_//www.ethics.slate.lx_uslforms/CIQ.pdf. If you have any questions about compliance,please consult your own legal counsel.Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement.An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Vendor name In the # 1, use N/A in each of the areas on the form. However,a signature is required in the#4 box in all cases. Revised 7.11.1 Reg CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity Ibis questionnaire refkca Changes mads a dM taw by KB.23.ssth up,fragular Session. OFFlCIEUSEdill.Y This questionnaire is being Iliad in accordance with Chapter 178,Local Goventmeftt Code, 0o"Recwee by a vendor who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 178.008(a). Bylaw this queadonnalre must be filsdwith the records administrator of the local govemniental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be hied. Seo Section 176,008(a-1),Local Government Code. A vendor commits an offense If the vendor knowingly violates Section 176006, Local Government Code.An offense under this section is a misdemeanor, t !Istria of verdor who has*buslnes i refatlonshNp whh local govemttwo enum N/A Clock this box it you are at"an uspdate to a previously tiled questionnaire. (The taw requires that you file an updated completed questionnaire with the appropriate frhng authority not later than the 7th business day after the date on which you became aware that the originally hied gLmlionrWe was incomplete or inaccurate.) Name of local govemment officer aboutwhtom me information In this section Is being disclosed. Name ef'01111 r This section Mem 3 including subparts A.B,C.8 0) must be completed for each officer with whom the vendor has an empfoymenr or other butinesa relationship as defined by Secbon 178.00111-a).Local Gowernment Code. Attach additional pages to this Form Cil]as necessary. A. is the local government officer named in this section receiving or likely to receive taxable income,other than invostment Income.from the vendor? Yes No G. Is the vendor receiving or*Aly to receive taxable memo.other than investment nncortte,from or at the direction of the local government officer named in this section AND the taxable income is not received tram the local governmental a"7 0 Yes ®No C. Is the filer of this questionnaire employed by a corporation or other buaineaf entity with respect to which the local govusnn ipnl officer serves as an officer or director,or holds an ownership interest of one percent or more) Yes f—y I No D Describe each employment or business and family relationship with the local government officer named in this section N/A 4 Sionawle W veric sr doing business wim the gu+armnelnul entity Date Adopted tl/7/2015 Revised 7.11.18cg ATTACHMENT—B ITB-19-0008 ARMORED CRITICAL INCIDENT VEHICLES BIDDER'S CONTACT INFORMATION Bidder's Name: Ring Power Corporation Bidder's Local Address: 500 World Commerce Parkway,St.Augustine,FL 32092 Phone: 904-494-1139 Fax: 904-494-7588 Email:.,Justiii.rutherford@ringpower.com Name of person assigned specifically for this Agreement: NamaM le Ryan Stallings/VP Phone: 904-494-1222 Fax: 904-494-7588 Email: ryan.stallings@ringpower.com Name of persons for renewal information and/or billing questions: Name/Title Tustin Rutherford/Inside Sales Rep Phone: 904-494-1139 Fax: 904-494-7588 Email:justin.rutherford@ringpower.com Name/Titie Nikki McDaniel/Executive Asst. Phone: 904-494-7531 Fax: 904-494-7588 Email: nikki.mcdaniel@ringpower.com r Ryan Stallings ,' Signature Printed Name Date Rcviscd 7.1 LI 8cg ATTACHMENT–C ITB-19-0008 ARMORED CRITICAL INCIDENT VEHICLES CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business Is in the corporate limits of the City of Fort Worth and whose bid Is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid Is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes, identify address: 1233 Round't'able Dr. Dallas,TX 75247 b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth"shall mean payable at the Fort Worth office. [must exceed 50%] .26% This is our Cat Entertainement Service Branch 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? 17 b. Amount of City of Fort Worth ad valorem taxes(real and busi-gess personal property)paid by company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly- established)? 2017- Ring Power paid$119,106 Certification of information: The undersigned does hereby affirm that the Information supplied is true and correct as of the date hereof, under penalty of perjury. Ring Power Corporation 2'9 (Company Name) (Date) L Ryan Stallings/VP (Signature) If (Printed Name and Title) Revised 7.1 1.18cg ATTACHMENT-D ITB-19-0008 ARMORED CRITICAL INCIDENT VEHICLES REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references for at least three(3)recent customers to whom products and/or services have been provided that are similar to those required by this solicitation.The City will be the sole Judge of references. Please use additional sheets. 1. Company's Name The City of New York Name of Contact Paul Mattson Title of Contact Present Address One Police Plaza Room 1016 City,State,Zip Code New York,NY 10038 Telephone Number (646 )610-6880 Fax Number( ) Email 2. Company's Name Georgia State Patrol Name of Contact Ingrid Williams Title of Contact GSP SWAT TEAM Present Address 959 E.Confederate Ave,SE City, State,Zip Code Atlanta,GA Telephone Number (404 )624-7439 Fax Number( ) Email 3. Company's Name The State of Delaware Name of Contact Brian Fitzpatrick Title of Contact Lieutenant Present Address t 0Enter=rise Alare Suite 4 City,State,Zip Code Dover,DE 19904 Telephone Number ( ) Fax Number( ) Email Revised 7.t 1.18cg City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/5/2019 DATE: Tuesday, February 5, 2019 REFERENCE NO.: **P-12295 LOG NAME: 13P19-0008 ARMORED VEHICLE LSJ PMD SUBJECT: Authorize Purchase of an Armored Critical Incident Vehicle from Ring Power Corporation, in an Amount Up to $315,000.00 using Grant Funds for the Police Department through the Property Management Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the purchase of an armored critical incident vehicle from Ring Power Corporation, in an amount up to $315,000.00 using grant funds for the Police Department through the Property Management Department. DISCUSSION: The Property Management Department(PMD) approached the Purchasing Division for assistance with buying an armored critical incident vehicle for the Police Department. Purchasing issued an Invitation to Bid (ITB) consisting of detailed specifications as to the functionality, features and requirements for the new unit. This bid was advertised in the Fort Worth Star-Telegram on October 31, 2018, November 7, 2018 and November 14, 2018. Nine vendors were solicited from the purchasing vendor database and two responses were received. Custom Armor Solutions dba MEC Development LLC was the apparent low bidder; however the unit(299D) offered is primarily used for construction purposes and did not meet requirements as specified and the bid was subsequently rejected. Staff recommends awarding the purchase of the new unit to Ring Power Corporation, in an amount up to $315,000.00 based on low bid meeting all required specifications. The new Caterpillar 297D unit will be used by the Special Weapons and Tactics (SWAT)team as an armored tactical vehicle in all deployment incidents of terrorism, impending life-threatening conditions, mass gatherings, mass casualty incidents, barricaded persons, counter drug activities, man-made or natural disasters as well as incidents involving exposure to hazardous materials and explosives. The new unit is an addition to the fleet and will be used for all council districts to enhance the City of Fort Worth's home land security . This purchase is funded by the Homeland Security Grant Program - Urban Area Security Initiative 2017(UASI) Grant. Warranty information, manufacturer's Statement of Origin and original sales invoice will accompany the new unit upon acceptance and delivery to the 2500 Brennan Avenue facility. BID TABULATION- (see attached) TOTAL COST OF OWNERSHIP (TCO) -The total cost of ownership is not available for this type of unit. PRICE ANALYSIS—There are no other units available within the fleet that are comparable with similar function, and design. Staff has reviewed the pricing and found it to be fair and reasonable based on current market values. An administrative change order or increase may be made by the City Manager in the amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. Logname: 13P19-0008 ARMORED VEHICLE LSJ PMD Page 1 of 2 M/WBE OFFICE-A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. The unit will be delivered within 140 days after receipt of a purchase order. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available as approp iated, of the Grants Operating Federal Fund and that prior to an expenditure being made, the Police Department has the responsibility to validate the availability of funds. This is a reimbursement grant. BQN\19-0008\LSJ FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM _ Fund Department ccountl Project Program ctivity Budget Reference # mounl ( ID ID 'Year Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Kevin Gunn (2015) Cynthia Garcia (8525) Additional Information Contact: LaKita Slack-Johnson (8314) ATTACHMENTS 1. 19-0008 AWARD RECOMMENDATION .pdf (CFW Internal) 2. 19-0008 BID TAB.pdf (Public) 3. 19-0008 FORM 1295 Ring Power Redacted.pdf (Public) 4. 19-0008 MWBE Waiver .pd f (CFW Internal) 5. 19-0008 REQ.pdf (CFW Internal) 6. 19-0008 SAMs Report 12-5-2018.pdf (CFW Internal) Logname: 13P19-0008 ARMORED VEHICLE LSJ PMD Page 2 of 2