HomeMy WebLinkAboutContract 57364 CSC No. 57364
FoRTWORTH.
VENDOR SERVICES AGREEMENT
Action Cleaning Systems,Inc.
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and
through its duly authorized Assistant City Manager, and ACTION CLEANING SYSTEMS, INC.
("Vendor"), a Texas Corporation,_and acting by and through its duly authorized representative, each
individually referred to as a"party"and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule;
4. Exhibit C—City's RFP No. 22-0035
5. Exhibit D—Contractor's Bid Response to City's RFP No. 22-0035; and
6. Exhibit E—Verification of Signature Authority Form.
Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes.In the event of any conflict between the terms and conditions of Exhibits A,B,
C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of
this Agreement shall control.
I. Scope of Services.Vendor shall provide shop equipment maintenance("Services"),which
are set forth in more detail in Exhibit"A," attached hereto and incorporated herein for all purposes.
2. Term. This Agreement begins on April 4, 2022 ("Effective Date") and expires on April
3, 17, 2025 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial
Term"). City will have the option,in its sole discretion,to renew this Agreement under the same terms and
conditions,for up to one (1)two-year renewal option(each a"Renewal Term").
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total
compensation per year, under this Agreement, will not exceed Twenty Thousand Dollars and 00/100
($20,000.00). City makes no promise or guarantee of the total amount of work that will be assigned to
Vendor under this Agreement. Furthermore,Vendor understand and agrees that the compensation amount
is not a guarantee of compensation payable to the Vendor,rather it is not to exceed amount. Vendor will
not perform any additional services or bill for expenses incurred for City not specified by this Agreement
unless City requests and approves in writing the additional costs for such services. City will not be liable
for any additional expenses of Vendor not specified by this Agreement unless City first approves such
OFFICIAL RECORD
Vendor Services Agreement CITY SECRETARY
FT.WORTH, TX
expenses in writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine-readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised,in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
Vendor Services Agreement Page 2 of 51
6. Rieht to Audit. Vendor agrees that City will,until the expiration of three (3)years after
final payment under this Agreement,or the final conclusion of any audit commenced during the said three
years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers,agents, servants,employees,contractors,or contractors.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,
AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Vendor Services Agreement Page 3 of 51
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however,Vendor will fully participate and cooperate
with City in defense of such claim or action.City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted,Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d)if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
Vendor Services Agreement Page 4 of 51
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000- Bodily Injury by accident;each accident/occurrence
$100,000- Bodily Injury by disease;each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees,officers,officials,agents,and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City.Ten (10) days' notice will be
acceptable in the event of non-payment of premium.Notice must be sent to the
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Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management.If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth ACTION CLEANING SYSTEMS,INC.
Attn: Assistant City Manager Heath Koonce,President
200 Texas Street P.O.Box 4910
Fort Worth,TX 76102-6314 Tyler,TX 75712
Facsimile: (817) 392-8654 Facsimile: 214-343-7187
With copy to Fort Worth City Attorney's Office at
same address
Vendor Services Agreement Page 6 of 51
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems;restraints or prohibitions by any court,board,department,commission,or agency
of the United States or of any States;civil disturbances;other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance,as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A,B,and C.
Vendor Services Agreement Page 7 of 51
22. Amendments/Modifications/Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a parry hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either(a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City,Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers,procedures,guides, and documentation that are created,published,displayed,or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended,Vendor hereby expressly assigns to City all exclusive right,title and interest in
and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim,lien for balance due,or rights of retention thereto on the part of City.
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution,ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
Vendor Services Agreement Page 8 of 51
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code,the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1)does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and "company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of
the Agreement.
30. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
31. Entirety of Agreement. This Agreement,including all attachments and exhibits,contains
the entire understanding and agreement between City and Vendor,their assigns and successors in interest,
as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with any provision of this Agreement.
(signature page follows)
Vendor Services Agreement Page 9 of 51
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
19ana 24L( hdoff responsible for the monitoring and administration
By: Dana Burghdoff(Apr 6,202210:23CDT) of this contract,including ensuring all
Name: Dana Burghdoff performance and reporting requirements.
Title: Assistant City Manager
APPROVAL RECOMMENDED: By: Chris Means(Apr�CDT)
Name: Chris Means
Title: Assistant Director,Property Management,
ste a Fleet Services
By. Steve Cooke(Apr 4,202215:22 CDT)
Name: Steve Cooke APPROVED AS TO FORM AND LEGALITY:
Title: Property Management Director
ATTEST: By:
Name: Christopher Austria
Title: Assistant City Attorney
By: c�EC7000��LL CONTRACT AUTHORIZATION:
tte Name: Janne S. Goodall �
ra
M&C: N/A
pF°°°°°°°°p °°Title: City Secretary '& Form 1295: N/A
� °opo��d *° 4yo *a CY
00 'Cy
VENDOR: d�a4�EXlixt
ACTION CLEANING SYSTEMS,INC.
By: Heath Koonce 1.20'022 6 33 CDT)1.20'�22 6 33 CDT)
Name: Heath Koonce
Title: President/Owner
Date: 4/1/2022 ,2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement Page 10 of 51
City Secretary Contract No.
EXHIBIT A
SCOPE OF SERVICES
1.0 INTENT
1.1 Vendor shall provide repair,maintenance, and inspection services to the following City-
owned shop equipment,including but not limited to:
1.1.1 Stationary,Portable, Solvent Washers,Pressure-style washers;
1.1.2 Parts Washing Equipment;
1.1.3 Reclamation Equipment
1.2 Vendor shall give the City priority service on repairing shop equipment,as City vehicles are
utilized for public safety and emergency response. Expeditious turn-around is critical to City
operations.However,additional fees for priority services are prohibited.
1.3 Vendor shall furnish all necessary equipment used to inspect,repair or maintain the
required shop equipment,including personnel,tools and supplies used in the
maintenance of shop equipment.
1.4 Vendors shall provide unit prices for listed items.Unit prices shall include all associated
costs unless specified in this agreement,not limited to delivery,fuel and
handling charges. No additional charges will be accepted or paid by the City.
1.4.1 Pricing provided by the Vendor shall include all labor, shop fees such as filters,
cleaner and lubricants for parts,environment/disposal fees, and transportation
fees required to perform the services and schedules herein.
1.4.2 Vendor shall not charge City until Vendor has reached Service Center location.
The City shall not incur any costs for Vendor traveling between sites.
1.5 Vendor shall warrant that it understands the currently known hazards and suspected
hazards which are presented to persons,property and the environment with the servicing
of the parts washers.Vendor shall further warrant that all services performed under this
agreement will be in a safe,efficient and lawful manner using industry accepted practices
and in full compliance with all applicable state and federal laws.Furthermore, any
approval by the City authorized representative does not relieve the vendor of the
responsibility and liability for accuracy and competency of their service.
1.6 Vendor shall provide solvent for washing stationary and portable equipment: Blaster
Industrial Strength Part Washer Solvent or equivalent Mineral-Based Product in specific
areas in the PMD Fleet Service Centers and for the scheduled removal and placement of the
product used in the vats.
1.7 Vendor may charge an hourly non-warranty labor rate per service,a cost"+"for parts,a
diagnostic fee (detailed out). There are no guarantees the City will accept or held
financially or liable for costs outside of labor and materials/parts if the submitted pricing
is deemed excessive by the evaluation panel.
Vendor Services Agreement Page 11 of 51
1.8 The City may pay for subcontractor/sublet items at sublet cost plus (+),per this
agreement.
2.0 GENERAL REQUIREMENTS
2.1 Vendor shall report to the on-site crew leader or supervisor upon arrival at each facility
prior to performing any duties, as well as signing out with said crew leader or
supervisor upon completion of duties.
2.2 Vendors shall provide the City an acceptable level of service in terms of cost,time and
workmanship.Upon return and inspection of services completed,PMD/FLEET
personnel will notify the vendor if any issues regarding the services or parts are found
to be unsatisfactory.Vendor(s)will be given opportunity to correct.Failure of vendor
to correct services or parts to a satisfactory condition will be considered grounds for
terminating any agreement between said vendor and the City.
2.3 Vendors shall be required to perform the work using the most up to date and appropriate
methods available for said work under industry standards. This includes,but is not
limited to,all suitable repair equipment and parts to insure the satisfactory execution
of any repair or installation. Shop supervisors will communicate (via phone or email)
with Vendor to schedule any service needs.
2.4 VATs Parts Cleaning Services requirements:
2.4.1 Vendor shall follow the normal cleaning schedule of once every two months(8
weeks)unless requested otherwise by supervisor of a facility.Additional pricing
for any supplemental cleaning shall be noted on the pricing spreadsheet by the
vendor. Cleaning of the parts washer includes the following: cleaning of parts
washer,exchanging of dirty solvent with clean solvent,full documentation of
continued use program,disposal of solvent,checking of parts washer function,
and notification of non-working parts.
2.4.2 Vendor shall furnish all necessary equipment used to maintain the required
parts washer service,including personnel,tools and supplies used in the
maintenance of the parts washers,all parts washers are owned by the City of
Fort Worth.
2.4.3 Vendor shall warrant that it understands the currently known hazards and
suspected hazards which are presented to persons,property and the environment
with the servicing of the parts washers.Vendor shall further warrant that all
services performed under this agreement will be in a safe,efficient and lawful
manner using industry accepted practices and in full compliance with all
applicable state and federal laws.Furthermore, any approval by the City
authorized representative does not relieve the vendor of the responsibility and
liability for accuracy and competency of their service.
2.4.4 All work shall be performed under environmental policy ISO 14001.2004.
2.4.5 In the event the City reduces the amount of parts washer vats noted or other
circumstances develop,the City may order a lesser quantity than the amount
listed without penalty to the City.The City reserves the right to change or
remove the quantity and locations of any of the parts washers noted. There will
be no guarantee with this contract.
2.4.6 City-owned Parts Washer Vats(Purewash)Model 8520 shall conform to Texas
Administrative Code Title 30,Part 1,chapter 106,subchapter T(106.44).
Features include extra-long spout and spring-loaded fire safety lid that overlaps
sink with heavy-duty 120 Volt, (HZ 60),(Amps'.9).
3.4.6.1 Description
Type: Sink on a drum
Depth:Nominal 16 inches
Height: 55 1/2"
Sink Depth: 8 inches
Material: Steel
Standard Fill:Max 30 gallons
Solvent Type: Ambient
2.4.7 Vendor shall provide the following solvent for washing stationary and
portable equipment: Blaster Industrial Strength Part Washer Solvent or
equivalent Mineral-Based Products.
2.4.8 Vendor may be required to remove used solvent from vats and replace
with new product.
3.0 PARTS
3.1 All parts utilized in repairs,replacements or installations on shop equipment
shall be new unless otherwise requested by PMD personnel.Any rebuilt or
remanufactured parts must be approved in writing by PMD personnel prior to being
utilized by the Contractors.
3.2 Vendor shall warrant and/or guarantee all work and products supplied
under this Agreement against any defects in design,workmanship,materials and
failure to operate satisfactorily. Each product shall be constructed to the highest
standards. Products manufactured of poor workmanship will not be accepted.
4.0 SERVICE CENTER LOCATIONS
4.1 Shop Equipment services shall be performed at the following locations:
Service Center Location
4100 Columbus Trail
Southside Service Center Fort Worth,TX 76133
Water Service Center 2222 West Daggett
Fort Worth,TX 76102
James Avenue Service Center 5021 James Avenue
Fort Worth,TX 76115
North Service Center 301 Hillshire Drive
Fort Worth,TX 76131
Brennan Body Shop 2500 Brennan Street
Fort Worth,TX 76106
5.0 ESTIMATED QUANTITIES
5.1 Vendors shall send confirmation and a cost estimate to the Fleet Service Center
Supervisor(s)or designee within 24 hours of receiving a list of equipment for inspection
and testing.
5.2 Fleet Service Center Supervisors or designee will provide written authorization to
proceed with the inspection and testing after evaluating the estimate.Vendors are not
authorized to proceed with inspection,testing based on verbal authorizations and assumes
all liability and responsibility for inspection,and testing performed based on such verbal
authorizations.
5.3 Vendors will be required to provide written estimates to Fleet Service Center Supervisors
or designee personnel before the start of any work. The estimates may be emailed to the
Fleet Service Center Supervisors or designee who requested the services to be completed.
5.4 Estimates must be approved and authorized by City Fleet Service Center Supervisors or
designee personnel in writing(email,fax or written)prior to work being performed.
Original invoices submitted to the City for work performed cannot be greater than initial
estimates provided unless approved by Fleet Service Center Supervisors or designee in
writing.
5.5 Vendors' estimates shall state `Warranty Service' if City vehicles or
equipment will be serviced for warranty work.
5.6 Vendors estimates shall be quoted on a`time and parts' basis,adherence to the agreed
upon contract rates and itemized to illustrate the cost of each of the following,if
applicable to the service or work performed: cost of part(s)to be installed,cost of labor to
perform repair and/or installation,inspection,diagnostic fees;itemized by labor hours
except when estimated as a turnkey project/job.
6.0 RESPONSE TIME
6.1 Vendor shall respond to written correspondence from the within 24 hours.
6.2 Vendor agrees to perform all work during normal business hours between 7:00am and
9:30pm Monday through Friday. This excludes all observed City holidays;New Year's
Day,Martin LutherKing Day,Memorial Day,Independence Day,Labor Day,
Thanksgiving Day(Thursday and Friday)and Christmas day.
6.3 After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am.
7.0 INSPECTION SCHEDULE & FREQUENCY
7.1 Vendor shall perform inspections on a bi-annual or annual basis based on the
manufacturer's recommendation of equipment or as requested by Fleet management.The
type of equipment to be inspected include,but not limited to: Stationary,Portable,
Solvent Washers,Pressure-style washers,Parts Washing Equipment,Reclamation
Equipment
7.2 Vendor shall inspect&test shop equipment for defects and provide the shop supervisor
with a comprehensive report detailing findings in addition to providing a quote for any
necessary repairs. Reports shall be submitted within 24-48 hours from inspection service
date.
8.0 WARRANTY
8.1 Vendor shall enforce all warranties for the benefit of the City of Fort Worth and
provide warranties to include at a minimum,but not limited to the following:
8.1.1 Vendor shall warrant,in addition to any other warranties in this contract,that all
work and products supplied conform 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.
8.1.2 Vendor shall agree to repair or replace promptly,on a one-for-one basis without
additional cost to the City of Fort Worth, any and all defective work and
products.The City defines"prompt"repair or replacement to be within twenty-
four(24)hours after notification by authorized City personnel.
8.1.3 Warranty shall continue for a period of 180 days from date of acceptance of
products and work by the City.
8.1.4 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.
8.1.5 Vendor's warranty,with respect to products repaired or replaced, shall run
for 180 days from date of installation and acceptance of such by the City.
8.1.6 The City shall notify the Vendor,within a reasonable time after the discovery of
failure,defect,or damage.
8.1.7 The City shall have the right to replace,repair,or otherwise remedy a failure,
defect,or damage that the Vendor fails to remedy within a reasonable time
after receipt of notice,at the Vendor's expense.
8.1.8 Warranty shall not include failures attributable to accident,fire,or negligence
on the part of City personnel.
8.1.9 Vendor shall,with respect to all warranties,expressed or implied,from
manufacturers,or suppliers for work performed and materials furnished under
this contract,obtain all warranties that would be obtained in normal
commercial practice.
City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
Line: 1
Description; Qty Unit Unitprice Total
HourlyLabarRate-TireAlignerslBalancers 452.00 HR
Line: 2
Descriptian: Oty __-_ Unit_ UnitPrlce Total
Hourly Labor Rate-AlrPowered Shop Tools, 411,00 HRRegulators and Parts
Line: 3
Oescription: ._ Qty Unit Unitt3rice. Total
Hourly Labor Rate•Battery Chargers and 204A0 HIR _
Testers � I
Line: 4
Descrii tion: _ _ .... _ , Unit„-. _ UnitPrice Total
Hourly Labor Rate Gleaning and V%shing
Equipment to include.but not limited to: 71.00 FIR
3lationary Portable,Solvent washers. $95,04 $6745,U4
Pressure-Style washers
Line: 5
Descrl 0 an:__._ _. Qty Unit -_. Un4price Total
Hourly Labor Rate-Diagnostic Equipment 71.00 HR
Ti
.I
Line: 6
Description; _ --Csy Unit UnItPrIce _ Total_
Hourly Labor Rate-Flush and Fill Equipment 60.00 HR _
Line: 7
Descriution:_._ ... Qty Unit UnitPrice. . TOW—,_
Hourly Labor Rate-NC Machines 70-00 HIR —
Line: S
Z "PNo= _ n� unit _L1nlSPda— T i.l
rly Labor Rate-Lilt Maintenance and 50.00 HR
Repair,Annual Inspections
Vendor Services Agreement Page 16 of 51
Line: 9
Description Qty Unit UnitPrice Total
Hourly labor Rate-Parts Washing Equipment 60,00 HR _
595.00 � $5700-0G I
Line: 10
Description: _ Unit UnitPrice Total
Houdy Labor Rate-Oil Analysis and 60.00 HR
Diagnostic Equipment
Line: 11
Description_..___. Qty.. _ Unit UnitArice Total
Hourly Labor Rate-Lubricant Equipment 55-00 HR
Line: 12
Description: Qty ._ Unit UnitPriCe Total_._,
HouTly Labor Rate-Frame Alignment Machines 80-00 HR
Line: 13
Description: _ Qty _Unit UnitPrito Total_ _
Hourly Labor Rate-Redanlatlon Equipment 45-00 HR _
$110_00 $4950.40
Line: 14
Description, QlY_ unit __ _- UnitPrlce
sse Total
Hourly Labor Rate-Reel and Hose Assemblies 57.00 HR
Line: 15
Description: Qty Unit__ Unit Price _._ Total
Hourly Labor Rate-Relining Equipment 40,00 HR
I
Line: la
D_ascriotfon: (X Unit UnitPrlce Total
Hourly Labor Rate-Shop and Mechanics 90.00 HR
Equipment Maintenance and Repair Other
Description: Qty Unit UnItPrlce _ Total
Hourly Labor Rate-Tire Changing Equipment 80-00 HR
- Llne: 18
OgscRutlon: _ City Unit UnitPrlce Total
Hourly Labor Rate-Welding Equipmenl 65.00 HR
Ling: 19
peac.go.: — _ U.Aprica - Tatai
Hourty Labor Rate-Forklift Maintenance and 35.00 HR
Repairs ------
Line: 21
Ugscrilst+on: QtY Unit_ Un]tPrice Totat
Solvent far stationary and portable equipment
include:Blaster Industrial Strength Part 110-00 GA
Washer Solvent or equivalent Mineral-Basetl
P F
rodudl5.
Total Bld Amon nt:
$i7,395.1J0
All parts and material required to maintain flea[shop equipment shall be purchased at the discount helaw_If no
discount is offered,please enter a zero on the percentage line.All parts will be added on an as needed basis -
throughout the life of the agreement,therefore,the bidder shall submit a price IisL For all available items with their
bid submittal.
All other parts and materials at Manufacturer's Lis]Price less 10 %discount
A bid Wrl"(zero)will be interpreted by the City as a.no-Charge(free)item and the City wlll not
expect to pay for that item.A bid of"no bid'or no response(space left blank)will be interpreted by
the City that the t7tteror does not wi s17 to bid on that item.Be advised.a'no bid"or no response
may be considered as non-responsive and may result in disqualification of the bid.
EXHIBIT C
CITY'S RFP NO.22-0035
FORT WORTH.,
11 � COVERPAGE
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0035 1
Event Round Version
I 1
Event Name
ITB Fleet Shop Equipment Maintenance Submit To: City of Fort Worth Start Time Finish Time FINANCIAL MANAGEMENT SERVICES
12 08 2021 08:30:00 CST 01 06 202z 13:30:00 CST FNANCE-Purchasing
200 Texas St.(Lower Level,South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event DescriiRtion
The City of Fort orth seeks bids to finalize an annual agreement for fleet shop equipment maintenance for the
Property Management Department on an as needed basis.
Submission Requirements and Deadlines
All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the
PeopleSoft Supplier Portal.Please visit
https://www.fortworthtexas.govldepartmentslfinance/purchasing/register for more information.
Assigned Buyer:A'ja Robertson
A pre-bid conference and site visit will be held at 10:30 AM,Tuesday,December 14,2021 at the James Avenue
Service Center Training Room,5021 James Ave.,Fort Worth,TX 76123.Failure to attend the pre-bid conference
will impact a potential Vendor's ability to submit a fully informed and competitive bid response.Those who
are unable to attend the pre-bid conference are encouraged to:
Bids are solicited for furnishing the merchandise,supplies,services and/or equipment as set forth in this
solicitation.Completed Bids including one executed original and one USB flash drive containing electronic
versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,January 6,2022,and
then publicly opened and read aloud at 2:D0 P.M.in the Council Chambers.Bids must be submitted in a sealed
envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR
BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE
CONSIDERED.Bids shall be mailed or hand delivered to the following address:
City of Fort Worth,Purchasing Division,
Lower Level,City Hall,200 Texas Street,Fort Worth,Texas 76102
Bids delivered by special courier(i.e.Federal Express,Special Delivery etc.)are to be marked on the
outside of the courier's shipping envelope"BID No.22-0035,ITB Fleet Shop Equipment Maintenance"AND MUST BE
RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.
Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid.
Bids may be withdrawn at any time prior to the official opening.Bids may not be altered,amended or withdrawn
after the official opening.The undersigned agrees,if the bid is accepted,to furnish any and all items upon
which prices are offered,at the price(s)and upon the terms,conditions and scopelspecifications contained in
this document.The period for acceptance of this bid will be 120 calendar days after the bid opening date.
Solicitation Documents:
Cover Page
Bid Submission Signature Page'*
Bid Solicitation**
Part 1 Instructions
Part 2 Scope of Services/Specifications
Attachment A-Conflict of Interest Disclosure Requirement**
Attachment B-Consideration of Location of Bidder's Principal Place of Business`"(if applicable)
Attachment C-Vendor's Contact Information-
Attachment D-Bidder's Qualification Questionnaire"
Attachment E—Draft Service Agreement,attached as a separate document
Attachment F-Service Center Equipment List,attached as a separate document
—Required to be completed and submitted.See Section 14.2,Part 1 for all required document that need to be
submitted.Failure to submit all items will be grounds for rejection of a bid as non-responsive to the
specifications.
FORT WO RTH.
BID SUBMISSION SIGNATURE PACE
EventlU Page Invited: PUBLIC EVENT DETAILS
CFWD1-22-OD35 2
Event Round Version
1 1
Event Na me
ITH Fleet gbnp Hqui nL Maintenance Submit To: City of Fort Worth
Start Tine Finish Time FINANCIAL MANAGEMENT SERVICES
08/2021 08,3D�0D CST Dlfp6/2022 13,3DA0 CST FINANCE-Purchasing
200Texas St.(Lower Level,South)
Fart Worth TX 75102
United States
Email: FMSPurchasingResponses@fortworthtexas_gov
The undersigned,by hislher signature,represents that helshe is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by
submitting and signing below,acknowledges that helshe has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Company Name:
Company Address:
City,State,Zip:
Vendor Registration No.
Printed Nameof Officer orAuthorized Representative:
Title:
Signature of Off cer or Authorized Representative:
Date:
Email Address:
Phone Number:
Federal Identification Number(FID):
Will agreement be available for Cooperative Agreement use?Yes_No (See Section 11,Part 1}
ITB 22-0035 Fleet Shop Equipment Maintenance
Page 2 of K
PART - 1
INSTRUCTIONS
1.t3 St}LICIT�TI�N
1.1 Review of Docu ments: Bidders are expected to exam ine all documents that make up the
Solicitation as well as any addend ums. Bidders shall prom ptiy notify the City of any
omission, ambiguity,inconsistency or error that they m ay d iscover upon examination ofthe
Solicitation by the dead line for questions listed in Section 2.0,P art 2_The City assumes no
respons i b i I ity for any errors or misrepresentations th at res ult from Bidders not using the
completed Solicitation document and addendums.
1.2 Location ofaocuments_Solicitations are issued by the Purchasing Division_Thelocation
of the Purchasing Division is specified in the advertisement and on the first page of the
solicitation_
2.0 NS_CLdRIEICIlTIONS OR C3UEST10NS
21 Any explanation,clarification,orquestion desired by a Bidder regarding any part of the
Solicitation must he requested in writing from the Purchasing Division by the question
deadline listed in Section 2.0,Part 2,so that a written addendum can be posted before the
submission deadlne. Interpretations, corrections,or changes to the S0icitation made in
any oth er man ner a re not binding upon the City, and Bidders shall not rely upon such
interpretations, corrections or changes_Oral explanations or instructions g1veen before the
award of the Contract are not binding_
22 IN ORDER FOR QUESTIONS TO BE ANSWERED,ALL QUESTIONS MUST BE HAND
DELIVERED ORS ENT BY E-MAIL BEFORE THE QUESTION DEADLINE AND MUSTBE
IDENTIFIED AS FOLLOWS:
2.2.1 All explanation,clarification or questions must clearly identify the buyer's name
and the bid number on the document oron the subject line, if sent by and email.
For example:"Attention:Buyer name and Bid No.}XXQC. If the buyer's name
and hid number is oat included as�n�cified nhava the udbsticn("ill NdT
be answered.
2.2.2 Delivery of questions by:
22.2.1 Hand Delivery—Fort Worth City Hall, Purchasing Diusion, Lower Level,
200 Texas Street, Fort Worth Texas,76102_
2-2.2.2 Via Email—FMSPurchasingRe5ponses4A�bfortworthtexas.goy
2.2.2.2.1.1 Please note, if an e-mail confirming receipt of your a-mail
is not received within 1 (one)business day,pleasecontact
the City of Fort Worth Purchasing at817-392-2462_
23 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 g1veen before the award of the Contract are
not binding.
24 Any material information given to one Bidder concerning a Solicitation will be furnished by
an Addendum posted on the City's webs ite under the corresponding bAnumber_
ITB 22-0035 Fleet Shop Equipment Maintenance
Page 6 of 30
3.0 UNAUTHORIZED CO MUNICATIONS—Bidders'contact regarding this Invitation to Bid(ITB)with
emplovees or officials of the City other than the Purchasing Manager,the Business Equity Division,
or as otherwise indicated in the ITB is prohibited and may result in disqualification from this
procurement process. No officer, employee,agent or representatke 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 consultantsregarding any matters pertaining to this solicitation,except
as here in provided. Any violation of this prohibition may result in the Respondent being disqualified
from the procurement process.Any oral communications are considered unofficial and non-binding
with regard to this ITB.
4.0 PREBID CONFERENCE-A pre-bid conference will be held on Tuesday,December
14,2021. Please reference the City of Fort Worth Cover Page for meeting
information.
5.0 PREPARATION OF BIDS
5_1 Each Bidder must fumis1h all information required by the Solicitation in order to be
evaluated. Prices nr Percent Markunssubmitted on other thsn the forms included in
the Solicitati on shall Ise eonsi dered ran-resaensive_
5_2 Any attemptto alter the wording in the Sol idtation is ineffective and will result in rejection of
the Bid.
6.0 QUANTITIES - The quantities listed on the bid solicitation are only estimates based on previous
usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort
Worth is obligated to pay for onlythose materials and services actually orde red by an authorized City
employee and then received as required and accepted by theCity_
7.0 TAXES-Purchases of Goods or SeMoes for City use are usually exempt from City,State,and most
Federal Taxes. Bids may not include exempted taxes.The successful Bidder should request a Tax
Exemption Certifcatefrom the Purchasing Division. Under no circumstances shall the City be liable
to pay taxes for which the City has an exemption under any Contract_
B.0 DEFINITIONS
8.I 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 product as"'equal"remains
witli the City.
8.2 Delivery Time: Delivery time, if stated as a number of days,will be based on calendar
days.Time is of the essence in any City purchase. If the indicated date cannot be rmet or
the date is not indicated,the Bidder shall state its best deiivery time.
8.3 Free on Board(FCB)Point:Freight Terms shalI be FGB Destination,Freight Prepaid and
Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery
tot he point ofdestination.
8.3.1 The Vendoror5hipper is responsible for 111ing any claims with the del iveringcamer
far breakage orotherloss and forany damage resulting from transportation.
8.3.2 The Bidder should quote its lowest and best price,with the goods delivered to the
place specified,at the Bidder's expense and risk,and t heir tender del i very to the
City.
0.3.3 Bids offering any other deli very terms are not acceptable and may be cause
for rejection.
iTB 22-M35 Fleet Shop Equipment Maintenance
Page 7 of 30
9.0 PRICESIPERCENTAGE DISCOUNT
9.1 Bid prices and percentage discount(if applicable)shall be firm offers unless otherwise
specified_ Pricing and percentage markup(if applicable)shall be entered on the Bid Offer
Sheet
9.2 In the event of a discrepancy between unit price and extended price,the unit price shall
govem.
9.3 Prices shall be offered in the Dollars of the United Statesof America(or decimalfractions
thereof).
10.0 SIGNATURE-The Bidder must provide a wet signature on each document in the Solicitation
requiring a signature.Any change made to the Bid must be initialed by the Bidder.
11.0 PROPRIETARY INFORMATION SUBMITTED IN THEgI�
11.1 All material submitted to the Citybecarnes public property and is subjecttothe Texas Open
Records Act upon receipt.
11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed,each
page must be identified and marked proprietary at time of submittal.The City will,
to the extent allowed by law,endeavor to protect sudh infaormatian from disdasure.
If a Public Information Request is made far Bidders proprietary information,the
Bidder will be notified sothat they can submit a Ietterto the Texas Attorney
General_The final decision as to information that must be disclosed lies with the
Texas Attorney General_
11.1.2 Failure to identify proprietary information will result in all unmarked sections
being deemed non-proprietary and available upon public request.
12.0 ero PREPARATION COSTS-All costs associated with preparing a Bid In resp6nseto a
Solicitation shall be borne by the Bidder.
13.0 PAYMENTS
13.1 All payment terms shall be"Net 30 Days"from the date the City receives acorrect invoice.
13.2 Successful bidders are encouraged to register for direct deposit payments prior toproviding
goads and/or services using the farms posted an the City's webs ite at
ht#ps:)fwww.fortwo rthte&is.g oVdepart m ent sift nan ce/pu rc hasi nglach
14.0 SIr�MISSIONOFBIdS
14.1 Bid d a c u me rats: Unless otherwise specified,Bidders are required to submit a signed
executed original and one scanned copy of the entire bid submittal on a flash drive_Bids
must be submitted in a sealed envelope with the bid number written on the outside of
the envelope.
14.2 Documents required to be subm fitted with Bid: Bidders shall subm it all the items listed
below and utilize the format below to submit their bid prior to the bid submission deadine_
14.2.1 The completed and signed Bid Submission Signature Page;
14.2.2 The completed Bid Sol i citation;
ITB 22-0035 Fleet Shop Equipment Maintenance
Page 8 of 30
14.2.3 References: Proposals shall lista minimum of three(3)references from projects
similar in nature, size and scope completed a undertake in the past three years.
Vendor shall not list the City of Fort Worth as a reference_ Letters shall include
the fallowing items_
14.2.3.1 Company letterhead, induding contact information_
14.23.2 N u m ber of years working with firm_
14.2-3.3 B rief ex pl anal ion of customers satisfaction and recommendation of
Bidder. Please provide a rating of 1-5. One(1) being unlikely to
recommend and unsatisfied,.and flue(5)being highly satisfied and
highly recommended.
14.23.4 Brief explanation an likeliness to work with Bidder again.One(1)being
Unlikely to continue to use Finn and flue(5)highly likely to use Finn
again.
14.2.4 Bidders shall provide evidence that they are duly qualified and capable tofulflll and
abide by the requirements listed herein with the bid.The bidder shall demonstrate
its ability to secure and perform the seruces within the delivery requirements
specified herein.
14.2.5 Bidders approach and methodology to perform the work_Demonstrate the
company's understanding of the project needs and haw the company plans to
provide them_ Include the instrumentation proposed and any samping techniques
if applicable to the approach.
14.2.6 Bidders background,nu m ber of y ears in business, number ofpersonnel
available to provide service, and timeframe to provide service aft e r notif cat ion.
14.2.7 Bidders current pricelist
14.2.8 Bidderas equipment list.
14.2_9 A completed and signed original Conflict of Interest 0 uestion naire,Attachment A.
14.2.10 A completed Consideration of Lac at ion of Bidders Principal Place of Business,
Attachment B, 1fapplicable.
14.2.11 A completed and signed Vendor Contact Information,AttachrnentC.
14.2.12 A completed Bidder Qualification Questionnaire,Attachment D.
14.2.13 Signed Addendum(s)ac knowl edgi ng rece i pL
14.2.14 Scanned copy of all documents listed in Section 14.2,Part1.
14.2.15 Any otherdocurnentinduded in the Solicitation requiring completion or execution
by the Bidder_
14.3 Fail ureto submit all the items listed in Section 14.2,Part 1 will be g round s for reje cti on of
bid as non-responsive to the spec Mc ation s.
15.0 LQTE BIAS
15.1 Bids must be received in the Purchasing DMs ion prior to the bid submission deadline_All
Bids received after the submission deadline are considered late and will be retumedto
the Bidder unopened_
ITB 2241a35 Fleet Shop Equipment Maintenance
Page 9 of 30
15.2 Purc has ing's time stamp clack is the official time ofrecord. However, if the Iime stamp is
not available orbraken,the date and time written on the bid receipt by Purc has ng staff
shall be the time of record.
15.3 It is the sale responsibiIityofthe Bidder to ensure timely delivery oft he 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 farm of delivery service chosen by the
Bidder to deliver before the bid due date and time.
15.4 Bids delivered to a City location other than the Purchasing Division will not be
considered.The Bid must be received by the Purchasing Division and stamped before
deadline to be considered.
16.0 MODIFICATION OR WITHDRAWAL OF BIDS
16.1 Modification of Bids: Bids maybe modified in writing at anytime priorto the bid
submissiondeadline.
1.6.2 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 bid submission deadline.A Bid
may also be withdrawn in person by a Bidder,provided the withdrawal is made prior to the
bid submission deadline. A receipt of Wthdrawal must be signed by the Bidder. No Bids
may be withdrawn after the bid submission dead Iine without forfeiture of the Bid guarantee,
unless there is a material error in the Bid_Withdrawn Bids may be resubmitted, witty or
without modifications, prior to the bid submission deadline.The City may require proof of
agency from the person withdrawing abid.
17.0 OPENING OF BIDS
The Purchasing Division representative res pons ible for opening Bids shall personally and publicly
open all Bids timely received, reading each bid aloud_
18:3 EVALUATION FACTORS ANDAWARD
8.1 Evaluation:Bidders may furnish pricing forall orany portion ofthe Solicitation(unless
otherwise specified). However,the City may evaluate and award the Contract for any item
or group of items shown an the Solicitation,or any combination deemed most
advantageous to the City. Bids that specify an`all or none"award may be considered if
single award is advantageous.
13.2 Award.The Method of Award is detailed in Section 4, Part 2. (Nate:A Bidderthatdoesnot
earn at least 50%ofthe technical points will be deem "non-responsive"and will not be
awarded a contract_)
15.3 Accepta nce and Award of Bid:Acceptance and award of a Bid will be in the form of a
Purchase 0rderora Contract.Subsequent Purchase Orders may be issued as
appropriate.The contents of a Bid Response shall become a part ofthe Contract. Under
no circumstances will the City be responsible for Goods orServices provided without a
Purchase Order issued by the City.
19.0 RESERVATIONS-The City expressly reserres the rightto:
19.1 Specify approximate quantities in theSalicitation;
19.2 Extend the Solicitation opening date and time;
19.3 Consider and accept alternate Bids,if specified in the Solicitation,when most
advantageous to the City;
ITB 22-0035 Fleet Shop Equipment Maintenance
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19.4 Waive as an informality,minor deviatians from specifications prodded they do not affect
competition or result in functionally unacceptable goods orservices;
19.5 Waive any minor informality in any Bid or Solicitation procedure{a m i nor inform al ity is
one that does not affect the competitivenessof the Bidder};
19.6 Add additional terms or modify existing terms in the Solicitation before the bid
submission deadline;
19.7 Reject a bid because of unbalanced unit pricesbid;
19.8 Reject or cancel any or all B ids;
19.9 Reissue a Solicitation;
19.10 Procure any item by other mean s;andlo
19.1 1 Award to multiple vendors on a non-exclusive award basis,or primary and secondary
ven dohs.
20.0 PdST-BID❑OCUMEFJTS RELIIFtEQ FROM gI�QERS
20.1 CertificatesofInsurance:When insuraneeis required,the successful Bi cider mustpravide
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 atherwise required by the
Solicitation.
20.2 Business Equity Division Documents: If Business Equity goal has been established
for the bid,the applicable documents MUSLbe submitted by all bidders wishing to continue
in the bid ewluation 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 evidencethat the City received the
documentation.
20.3 C e rtifi ca te of I ntereste d Parties Form 1295:If the Purchase Agreement Fin ustbe
approved by the City Council before exec Lit on,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 purc has efcontract will be presented
to the City Council.The form may be completed at
https=lfwww_ethics.state.tx.us)whatsnew)elf info_farm1295.htm_
21.0 PROTEST PROCEDURE
21.1 Vendors who respond to Invitations to Bid hatiethe right to protest the solicitation process
OF the bid award if they believe that there has been any impropriety or unfair criteria in the
process_
21.2 The Vendor must submit any protest in writing to the Purchasing Manager within 14 days
after the Vender knows,or should have known,of the facts relating to the proposed action
o r award_
21.3 The Purchasing Manager, or designee,is authorized to resolve a protest concerning a
purchasing action through telephone discussions, mail,a-mail or in person meetings with
the protesting Vendor_
21.4 After d isc uss ions o r meetings,the Purchasing Manager or designee will issue a decision in
writing,state the reasons for the action taken and inform the protesting Vendor of the right
to review by a panel made up of City staff_
21.5 A City protest review panel will consist of an Assistant CityAttomey,arepresentative ofthe
operating department,the Purchasing Manager and any other appropriate personnel cr
ITB 22-0035 Fleet Shop Equipment Maintenance
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employees of the operating department
21.6 If the panel is unable to resolve the iprotest,or if the panel makes a dec8ion 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 hisiher concerns.The protesting Vendor uvilI be instructed to arrive
prior to the stark ofthe City Council meeting and complete a card requesting to speak
concerning the particular Mayor and Council Communication document(M&C)in
question_
21.6.1 Vendors wishing to speak before the City Council should review the rules for
registering to appear before City Council located at:
http:flfortworLhtexas.goWcitysecretaryfinVdefauR.aspx?id=2914 on the City's
website_
22_l] COPERATIVEPURCHQSING
22.1 Should other governmental entities decide to participate in this contract,Bidder,shall
indicate in their proposals whether they agree that all terms, conditions,specifl cat!on,and
pricing would apply_
22.2 If the successful Bidderagrees to extend the resulting contract to othergoyemmental
entities,the following shall apply:Governmental entities within utilizing Contracts with the
City of Fart Worth shall be eligible,but not obligated,to purchase materiallserAces under
this contracts)awarded as a result of this solicitation.All purchases by governmental
entities other than t he City of Fort Worth shall be billed d1recttytothatgayemmentat entity
and paid by that goyemmental entity.The City of Fart Worth shall not be responsible for
anothergov mirnentaI entity's debts. Eachgovernmental entity shall antler its awn
materiallserAces as needed
ITB 22-0035 Fleet Shop Equipment Maintenance
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PART— 2
SCOPE OF SERVICES/SPECIFICATIONS
1.� 3C�RE
1.1 The City of Fort Worth(City)seeks bids to finalize an agreement to provide repair,
maintenance, and inspection sertiicesfor heavy duty and light duty shop equipment for
the Property Management department on an"as needed"basis_Prospective responding
bidders should ensure they download all attachments for complete responses and
understanding of the agreement the City intends to award from this solicitation_The
successful bidder(s), known hereafteras"Contraclor['Vendor.A
1.2 The quantities listed on the bid solicitation are only estimates based an previous usage and
do not indicate intent to purchase or a guarantee of future business.The City is obligatedto
pay for only those seances actually ordered by an authorized City employee and then
received as required and accepted by the City.
1.3 Fallowing the award, additional materials and seances 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 promded with the
bid_
1.4 The City may award multiple agreements to provide full coverage of repair and
maintenance services for equipment located at the City s Fleet Sepice Centers_A list
of City owned shop equipmentfor repair, maintenance,and inspection is available as
an attachment.
1.5 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_
1.6 Any parts and/or services that have been omitted from this scope of service that are
clearly necessary or in conformance shall be considered a requirement although not
directly specified or called for in the scope ofseruces.
1.7 The submission of a bid by the bidder shal be considered evidence of compliance with
these requirements_
1.8 Parts and 5erraces under this contract s u pport a I I City-owned facilities tiarying in size
on an as-needed basis.The City reserves the right to add or remove departments and
locations at the City's discretion.
2.0 TENTATIVE SCHEDU LE OF EVENTS
TASK DATE
ITB Release Date December 8,2021
Pre-Bid Conference December 14,2021 at
10:30AM (Local T1me)
Deadline for Questions December20,2021 atbPM
(Local Time)
Answers Posted December27,2021
ITB Responses Due Date AT I:30 p_m_(Local Time) January 6,2022
ITB 22-0M35 Fleet Shop Equipment Maintenance
Page 13 of 30
Recommended Vendor Selection January 2021
Mayor and Council Consideration February2021
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP-The Vendors hall notify theCity's Purchasing
Manager, in writing,ofa 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 -9,documents filed with the state indicating
such change, copy of the board of director's resolution approving the action,or an execuked merger
or acquisition agreement_Failure to do so may adversely impact future invoice payments_
4.0 METHOD OF AWARD
4.1 Bids will first be evaluated based upon bids received from a responsible bidderthat
presents the best value to the City.A raesponsible bidder is defined as a bidderthct:
4.1.1 Meets all the requirement listed in Section 5,Part2.
4.1.2 Submits a completed bid package within the stated deadline and in accordance
with the bid specification s_
4.2 Bids that do not receive 50%or more of the total available points,excluding the points for
price,will be deemed non-res pon sive.
4.3 The following criteria will be used to determine the best value:
4.3.1 Cast of service—up to 40 paints
4.3.2 Bidder's experience and performance servicing other organizations comparable in
size to the City—up to 30points
4.3.3 Bidders 0 ual ific aticn,experience,and avai labi I ity of res ounces to provide
services(equipment, personnel)—up to20 paints
4.3.4 Contractors approach to perform services—up to 10 points
4.4 In order for the City to receive adequate coverage on its requirements as specified in the
solicitation,the City reserves the right to make multiple awards.
4.5 The City reserves the right to accept or reject in whale artn part any or all bids received
and to make an award on the basis of individual item,combination of items,or overall bid,
as it is deemed in the best interest of the City_The CityAso reserves the right to rejectthe
bid of a bidder who has previous ly failed to perform property ar complete on time
agreements of s1m1lar nature_
4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to
performance record of bidder with the City itself,another municipal corporation of like size,
or private corporations during the past two-year period_Such precautions are deemed to be
in the public interest inasmuch as Vendor fai lure or inability tofumish items within the
prescribed time can create emergency situations and impose unnecessary hardship on
both the City as a municipal ccrporatian and the public at large.
4.7 The evaluation factors listed above will be applied in a comparatiu+e manner to all eligible,
responsive bids.Award may be made without discussion with Bidders after bids are
received. Bids should,therefore, be submitted on the most favorable terms.
4.8 The City also reserves the right to reject the bid of a bidder who has previously failed to
perform property or complete on time agreements of a s1miIarnature_
ITB 22-0035 Fleet Shop Equipment Maintenance
Page 14 of aO
5.0 VENDOR REQUIREMENTS IN ORDER FOR THE BID To BE EVALUATED
The Vendorshall:
5.1 Have a location within 50 miles of City of Fort Worth City Hall building located at200 Texas
Street Fort Worth,Texas 76102.
5.2 Have a minimum of two(2)years of expe rien ce, providing fleet shop equipment maintenance
services that are smilar in size and scope to the C1ty's.
5.3 Have and operate afull-time, permanent business address with the ability to be reached by
email ortelephone_
6.0 VENQQR RESPONSIRlLrrIE9—Vendor Shall
6.1 Hare a minimum of two(2)years of experience providing fleet shop equipment maintenance_
6.2 Provide repair, maintenance,and inspection serices to City-owned shop equipment.
6.3 Give the City priority serice on repairing shop equipment,as City veh 1 c I es.are
utilized for public safety and emergency response.Expeditious tum-around is
critical to City operations.However,additional fees for priority services are
prohibited.
6.4 Fumish all necessary equipment used to inspect,repair 0r maintain the required shop
equipment,including personnel,tools and supplies used in the maintenance of shop
equipment.
6.5 Provide unit prices for listed items. Unit prices shall include all associated
costs unless specified in Proposals Solicitation Page,not limited to delivery,fuel and
handling charges. No add Non aI chargeswill be accepted or paid by the City.
6.5.1 Pricing provided by the Vendor shall include all labor,shop fees such as filters, cleaner,
and lubricants for parts,environmentld1sposal fees,and transportation fees required to
perform the services and schedules herein.
6.5.2 Vendor shall not charge City until Vendor has reached Service Center location_The
City shall not incur any c osts for Vendor trawl i ng between sites_
6.6 V1l arrant that it understands the currently known hazards and suspected
hazards which are presented to persons,property and the environment with the servicing
of the parts washers_Vendor shall fu rther warrant that all services performed under this
agreement will be in a safe,efficient and lawful manner using industry accepted practices
and in full compliance with all applicable state and federal laws. Furthermore,any
approval by the City atflhorized representative does not rel1 eve the vendor of the
responsibility and liability foraccu racy and competency of their service.
6.7 Provide solvent for washing stationary and portable equipment: Blaster Industrial Strength Part
WasherSolvent or equivalent Mineral-Based Product in specific areas in the PMI3 FleetSeNce
Centers and for the scheduled removal and placement of the product used in the vats_
6_8 May charge an hourly non-warranty labor rate per service,a cost"+A for parts, a diagnostic
fee(detailed out). There are no guarantees the City will accept orheld financially or liable far
costs outside of labor and materials!parts if the submittved pricIng is deemed excessKe by the
City_
6.9 Report to the on-site crew leader or supervisor upon arrival at each facility
prior to performing any duties,as well as signing out with said crew leader orsuperisor
upon completion ofduties.
ITB 22-0035 Fleet Shop Equipment Maintenance
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6.10 Provide the City an acceptable level ofservice in terms of cast,time and
workmanship_Upon return and inspection ofserviices completed,PMID!FLEET personnel
will net ify the vendor if any issues regarding the services or parts are found to be
unsatisfactary_Vendor(s)will be given opportunity to correct.Failure of vendor to correct
seruces or parts to a satisfactory condition will be considered grounds for term i nat ing any
agreement between said vendor and the City_
6.11 Be required to perform the work using the most up to date and appropriate methods available
for said work under industry standards.This includes, but is not limited to, all suitable repair
equipment and parts to insure the sat 1sfactoryexecutlop of any repa1ror1nstallation.Shop
supervisors will communicate(via phone or erna i 1)with Vendor to schedule any seMce needs_
6.12 Estimates and Response Time
6.12.1 Vendor shall send confirmation and a cost estimate to the Fleet Service Center
Supervisor(s)or designee within 24 hours of receiving a list of equipment for
inspection and testing.
6.12.2 Vendor shall be required to provide written estimates to Fleet Service Center
Supervisors or designee personnel before the start of any work_The estimates may be
emailed tothe Fleet Service Center Supervisors or designee who requested the
services to be completed. Estimates must be approved and authorized by City Fleet
Service Oenter3upervisors or designee personnel in writing(email,fax or written)
pnorto work being performed. Original inwices submitted to the City for work
performed cannot be greater than initial estimates provided unless approved by Fleet
Service CenterSuperrisors or designee in writing.
6.12.3 If during the course ofthe original estimated repairs,it is noted that further repairs will
be needed,a revised es#irnate must be prepared by Vendors for the additional work.
6.12.4 Estimates provided by the vendors shall state Warranty Service"if City vehicles or
equipment will be services far warranty work.
6.12.5 All estknates provided by the Vendor will be quoted on a"time and parts"basis,
adherence to the agreed upon contracts rates and itemized to illustrate the cast of each
of the fallowing,if applicable to the service or work performed:cost of part(s)to be
installed,cost of labor to perform repair andlor installation, inspection,diagnostic fees;
itemized by labor hours except when estimated as a turnkey projectljob_
6.12.6 Vendor shall respond to written correspondence within 24 hours.
6.12.7 Vendor shall perform all work during normal business hours between 7:00AM and
9:30PM Mondaythrough Friday.This excludes all observed City holidays;New Year's
Day,Martin Luther Kng Day,Memorial Day, Independence Day,Labor Day,
Thanksgiving Day(Thursday and Friday)and Christmas day_
6.12.8 After hours shall be considered from Friday 9:31PM through Monday 6:59AM
7.0 VATsPartsCleaningServicesRequirements-Vendorshall
7.1 Fallow the normal cleaning schedule of once every two months(8 weeks)unless
requested otherwise by su pervi sor of a facility_Additional pricing for any supplemental cleaning
shall be noted on the pricing spreadsheet by the vendor.Cleaning of the parts washer includes
thefollawing:cleaning of parts washer,exchanging ofd1rty solvent with clean solvent,full
documentation of cant inued use program,disposal of solvent,checking of parts washer
function,and notification of non-working parts.
7.2 Fumish all necessary equipment used to maintain the required parts washer
service,including personnel,tools and supplies used in the mantenance of the parts
ITB 22-0035 Fleet Shop Equipment Maintenance
Page 16 of 30
washers,all parts washers are awned by the City of Fort Worth_
7.3 Vendor shall warrant that it understands the currently known hazards and suspected
hazards which are presented to persons,property and the emAiranment with the servicing of
the parts washers.Vendor s hall fu rther warrant that all services performed under this
agreement will be in a safe,efficient and lawful manner using industry accepted practices
and in full compliance with all applicable state and federal laws_Furthermore,any approval
by the City authorized representative does not relieve the vendor of the responsibility and
liability for accuracy and competency oftheirserviice.
7.4 All work shall be performed under envimnmental policy 13014001.2D04.
7.5 In the event the City reduces the amount of parts washer vats noted or other circumstances
develop, the City may order a lesser quantity than the amount11sted without penalty to the City_
The City reserves the right to change or rem Dvethe quantity and locations of any of the parts
washers noted_There will be no guarantee with this contract.
7.6 City-owned Parts Washer Vats(Purewash)Model 3520 shall conform to Texas Administrative
Code Title 30, Part 1,chapter 106, s ubchapter T(106.44).Features include extra-long spout
and spring-loaded fire safety lid that overlaps sink with heavy-duty 120 Volt,(FZ 60),
(Amps'.9)_
7.6.1 Description
Type-Sink on a drum
Depth: Nominal 16 inches Height:55 112'
Sink Depth: 8 inches Material:Steel
Standard Fill: Max 30 gallons
Solvent Type:Ambient
7.6.2 Provide the following solventforwashing stationary and portable equipment Blaster
Industrial Strength Part Washer Solvent arequivralent Mineral-Based Products_
7.6.3 Vendor maybe required to remove used sokentfriom oats and replace with new product_
8.0 INSPECTION SCHEDULE AND FREQUENCY
8.1 Vendor shall perfomi inspections on a biannual or annual basis based on the manufacturer's
recommendation of equipment or as requested by Fleet management The type of equipment to
be inspected include,but not limited to afc machines, a1rccompressors,alignmentmachines,
alignment rack,dispensers,hose and exhaust reels,lifts,tire balancers,lubricant tanks and
tank pumps, power washers, and tire changers_
8.2 Vendor shall inspect&test shop equipment for defects and provide the shop supervisor
with a comprehensive report detailing findings in addition to providing a quote for any
necessary repairs. Reports shall be submitted in a time frame up to 48 hours from inspection
service date.
9.0 PARTS
9.1 All parks utilized in repairs,replac e i-nents or installations on shop equipment
shall be new unless atherwise requested by PMD personnel.Any rebuilt or
remain ufactured parts must be approved in writing by Ph9D personnel pHorta being
utilized by the Contractors)-
9-2 Vendor shall warrant andlorguarantee all work and products supplied
under this Agreement against any defects in design,workmanship, materials and
failure to operate satisfactorily. Each product shal be constructed to the highest
standards. Products manufactured of poar workmanship will not be accepted.
ITB 22-0035 Fleet Shop Equipment Maintenance
Page 17 of 30
10.0 SERVICE CENTER LOCATIONS
10.1 Shop equipment seNces shall be performed at the following locations:
Service Center Location
4100 Columbus Trail
Southside Service Center Fort Worth, TX 76133
Water Service Center 2222 West Daggett
Fort Werth, TX76102
James Avenue S ervi ce Center 5021 James Avenue
Fort Worth, TX76115
North Service Center 301 Hillshire Drhie-
Fort Worth, TX76131
Brennan Body Shop 2500 Brennan Street
Fort Worth, TX76106
11.0 CITY REQUIREMENTS
The City will identify the location,City contact,and description of the service requestto the
Contractor_
11.1 The City will not be responsible for any alleged misunderstanding of the work to be
furnished or completed or conditions surrounding the performance. It is understood
that the signed bid by the Contractor serves as astated comm itmenttofulfiII all the
conditions of the bid.
11.2 The City reserves the right to reject workers provided by the successful Vendor
if they are found to be unacceptable before or after starting on the job to which
they have been assigned.
11.3 Fleet Service Center Supervisors or designee will provide written authorization
to proceed with the inspection and testing afterevaluating the estimate_Vendors
are not authorized to proceed with inspection,testing based on vernal
authorizations and assumes all liability and res po nsi bi lity for inspection,and
testing performed based on such verbal authorizations.
12.0 WARRANTY-Vendor shall
12.1 Provide a warranty to include at a minimum,but not limited to the
following:
12.1.1 Warrant,in addition to any other warranties in this contract,that
all work and products supplied conform 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.
12.1.2 Agree to repair or replace promptly,on a one-for-one basis
without additional cost to the City of Fort Worth,any and all defective work and
products_The City defines"prompt"repair or repla cem ent to be within twenty-
four(24)hours aft ernotifi cat ion by authorized C ity person nel.
12.1.3 Warranty shall continue fora period of 180 days from date of acceptance of
products and work by the City_
IT8 22-01135 Fleet Shop Equipment Maintenance
page 18 of 30
12.1.4 Remedy, at the Vendors expense, any non-conform 1ng or
defective products or work_ In addition,the Vendor shall remedy at
Vendor's expense any damage to meal or personal property owned by the
City of Fort W orth,when that dam age i s the res ult of a defect of produ ct s
furnished_
12.1.5 Vendors warranty,with respect to products repaired or replaced, shall run
for 180 days from date of installation and acoeptance ofsuch by the City.
12.1.6 The City shall notify the Vendor, within a reasonable time after the discovery of
failure, defect, ordamage_
12.1.7 The City shall have the right to replace, repair, orcrtherwise remedy a
failure, defect, or damage that the Vendor fails to remedy within a
reasonable time after receipt of notice,at the Vendors expense_
12.1.8 Warranty shall not include failures attributable to accident, Tire,ornegiigence
on the part of City persanne'I_
12.1.9 Vendor shall, with respectto all warranties,expressed or implied, from
manufacturers, or s u ppi i ers for work perrormed and materials furnished
under this cant ract,obtain all warrantiesthat wouId be obtained in normal
commercial practice_
12.1.2D Enforce all warranties for the benefit of the City of Fart Worth.
13.0 LAWS_ REGULATIONS_ANDORDINANCES
13.1 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,
enAronment,and property. This includes,but is not 11inited to, all Federal, State,
County, and City Agencies, Administrations and Commissions such as the
Environmental Protection Agency(EPA), Occupational Safety and Health
Adrn1n1stration(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 raequire the Vendorto comply_
14.0 INVOICING REQUIREMENTS
14.1 The City of Fort Worth has begun implementing an automated 1nvoic1ngsystem.
14.2 The Contractor shall send invoices electronically to our centralized Accounts
Payable department invoice email address:suppl lien nvo1cesCa-fortworthtexas.gov.
This email address is not monitared so please do not send correspondence to this
email address.The sole purpose of the supplier invoices email address is to
receipt and proces s suppli er imaices.
14.3 Please include the fallowing on the subject line of y our e-mail:vendor name,
invoice number,and PO number,separated by an underscore(ex: Example,
In c__123456_FVVO 13-D000D01234)
ITB 22-0035 Fleet Shop Equipment Maintenance
Page 19 of 30
14.4 To ensure the system can successfully process your invoice in an
expedient manner, please adhere to the following requirements:
• All invoices must be either PDF orTlFF form at.
• Image quality must be at least300 DPI(dots per inc h).
• Invoices must be sent as an attachment(I.e.no invoice in the body of the email).
• One invoice per attachment(includes PDFs). Multiple attachments per email is
acceptable but each invoice must be a separate attachment.
• Please do not send handwritten invoices or invoices that contain handwritten
notes.
• Dot matrix invoice farm at is not accepted.
• The invoice must contain the fallowinginfarmatbn:
• Supplier Name and Address;
• Remit to SupplierName and Address, if different;
• Applicable City Department business unit#(i.e.FW013)
• Complete City of Fart Worth PDnumber(i_e_the PC nu m ber m ust contain all
preceding zeros);
• Invoice number,
• Invoice date:;and
• Invoices should be submitted after delivery of the goods orservices.
14.5 To prevent invoice processing delays,please do not send invoices by mail and
email and please do not send the same invoice more than once by email to
suppiierinwices4Aj).fortworthtexas_gau_To check on the status of an invoice,
please contact the City Department ordering the goodslservices or the Central
Accounts Payable Department by email at:
ZZ FIN_AccountsPayaUefcOfortworthtexas.00v.
14.6 If you are unable to send your invoice as outlined above at this time, please
send your invoice to our centralized Accounts Payable department instead of
directly to the Ind 1+Adual city department.This will allow the city staff to digit1zethe
invloice far faster processing.
14.7 If electronic invoicing is not possible,you may send your paper irnoice to:
City of Fort Worth
Attn: FhIS Central Accounts Payable 200 Texas Street
Fort Worth,Texas,76102
The City's goal is to receive 100% of invoices electronically so that all supplier
payments are processed efficiently_To achieve this goal, we need the Contractors
support.
If Contractor has any questions,please contact the Accounts Payable team at(817)
392-2451 or by email to Z_F IN_AccountsPayableCuMortwoFtlexas.gov.
14.8 Contractor shall not include Federal, State of Citysales tax in its invoices.City
shall fumish a tax exemption certificate upon Vendor's request_
IT6 22-00aS Fleet Shop Equipment Maintenance
Page 2D of 30
15.0 UNIT PRICE ❑d1LlSTNIENT
15.1 The unit prices maybe adjusted for increases or decreases in Vendors cost during the
renewal period but before the effective date of the renewal upon written request from
the Vendor.
15.2 The Vendor must submit its price adjustment request,in writing,at least 60 days before
the renewal effective period_The Vendor shall provide written proof of cost increases
with price adj ustme nt req uest.
15.3 If the City concludes that the rate increase being requested is exorbitant,the City
reserves the right to adjust the rate request,or reject the rate request in its entirety and
allow the contractto expire at the end ofthe contractterrn. If the City elects not to
exercise the renewal option,the Purchasing DiMsion will issue a new s all citation_
15.4 Prices bid shall remain firm for each one-yeartermafthe Agreement and shall indude
all associated freight and delivery casts.
15.5 Prices offered shall be used for bid analysis and for Agreement pricing.In cases of errors
in extensions or totals,the unit prices offered will govA m.
15.6 Upon expiration of the Agreement term the successful bidder,agrees to hold owerunder
the terms and conditions ofthis Agreement Tor a reasonable period of time to allow the
city to re-bid an agreement,not to exceed ninety(90)days.Vendor will be reimbursed for
this service at the prior agreement rate(s)_Vendor shall remain obligated to the City
under all clauses of this Agreement that expressly or by their nature extends beyond and
survives the expiration or termination of th is Agreem ent.
15.7 Goods andfor seruces shall not be suspended by the Vendor without a 30 day prior written
notice to the City_
16.0 INSURANCE REQUIREMENTS—The Contractor shall carry insurance in the types and amounts
for the duration of this contract as listed in the draft service agreement,Attachment E to this
solic Ration,and fum ish c e rt ificatesof insurance along with copies of policy declaration pages and
policy endorsements asevidencethereof.
17.0 PERFORMANCE-Failure of the City to insist in anyone or more instances upon performance of
any of the terms and conditions cfthis 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.
18.0 SUBCONTRACTING-Nosubcontractingofthe work underthiscoutractwilIbeallcfwed
wit houtwritten perm iss ion fro m the City.
ITH 22-0035 Fleet shop Equipment Maintenance
Page 21 of 30
19. HA RdOr1S LClNDITIONS
19.1 The Vendor is required to notify the City immediately ofany hazardous conditions
and/or damage to any property.
19.2 Hazardous materials shall be handled with care and workers shall wear Personal
Protective Equipment(PPE)while handling hazardous material If there are questions
regarding how to dispose of materials,the Contractor shall contact City of Fart W arth
Cade Compliance at 817-392-1234.
20.0 COFJTRACTAdMIN13TRATIONANdTERMrNATION
20.1 Contract administration will be perrarmed by the City Depart ment.In the event the Vendor
fails to perform according to the terms of the agreement,The Department head or h1sfher
designee will notify the Vendor, in writ ing,of its failures.A reefing may be arranged to
discuss the Vendor'sdefic lend es.A written cure notice may be prepared giving the
Vendor 14 calendar days to cure any deficiency_
20.2 In the event the Vendor ccnt1nLies with unsatisfactory perromnance,the department will
prainptIy notify the Purchasing Manager who will take appropriate action to cure the
performance probler(s),which could include cancellation,termination for convenience or
default. If the agreement is terminated for default,the Vendor may be held I iabl e for ex cess
cost andforIiquidated damages.
20.3 The Vendor will be paid only those sums due and owing under the agreement for seNces
satisfactorily rendered, subjectto offset for damages and other amounts which are, or
which may become,due and owing to Ih--City.
20.4 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 imined1ately stop all work
hereunder and shall immediately cause any and all of its suppliers and subVendars to
cease work. S ubject to I he terms cfth1s agreement,the Vend orshaII be paid a percentage
of the agreement pri ce refi ectin g th a percentage of the work perform ed prior to the noti ce of
term ination, plus reasonable charges the Vendor can dernonstrate 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 eamed up to the date of term ination.
21.0 RIGHTS TO INVENTIONS MA[}E CINDER A CONTRACT flRAGREEMENT
21.1 If the Federal award meets the definition of'funding eCFR—Code of Federal Regulations
agreement"under 37 C F R§401.2(a)and the recipient or subreciplent wishes to enter into
a contract with a small business firr or nonprofit organization regarding the substitution of
parties, assignment cr perfonnance of experimental, developmental,or research work
u rider that'fund ing agreement,"the rec1plent orsubreclpient must corplywith the
requirements of 37 CFR P art 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Finis Under Gouemrnent Grants,Contracts and Cooperative
Agreements,"and any implementing regulations issued by the award i ng agency.
ITB 22-0435 Fleet Shop Equipment Maintenance
Page 22 of 34)
22.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CON TROLACT
22.1 Vendarshall comply with all applicable standards,orders orregulations issued pursuantto the
Clean Air Act (42 U.S.C. 7401-7671q)and the Federal WaterPollution Control Act as
amended(33 U.S.C. 1251-1337).Violations must be reported to the Federal awarding agency
and the Regional Office of the Environmental Protection Agency(EPA)_
23.0 DEBARriRENTANDSUSPEN310N
23.1 Per Executive Orders 12549 and 12689,a contract award(see 2 CFR 180.220)shall not be
made to parties listed on the government-vaide exclusions in the System for Award
Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549(3 CFRpart 1986 Comp., p- 189)and 12689(3 CFR part 1989
Camp_, p_235),"Debarment and Suspension_"SAM Exclusions contains the names of
parties debarred,suspended,or otherwise exduded by agencies,as well as parties
declared ineligible under statutory orregulatary authority other than Executive order 12549.
24.0 BYRD ANTI-LOBBYING AMENDMENT(31 U.S.C.13521
24.1 Firms that apply or bid for an award exceeding$100,000.00 mustfile the required
certification.Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency,a member of Congress,officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract,grantor any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining
any Federal award_Such disclosures are forwarded from tierto tier up to the non-Federal
award.
24.2 Bidders shall provide pnoofof Byrd Anti-Lobbying Amendment certification filings with their
bid,if the bid exceeds$100.000.00.
25.0 RIGHT TO AUDIT
25.1 Vendor agrees that City shah until the expiration of three(3)years afterfinal payment under
the Agreement, haue access to and the right to examine anydirecty pertinent books,
documents, papers and records of Vendor involving transactions relating to the Agreement-
Vendor agreesthat City shall ha),e access during normal working hours to all necessary
Vendorfacilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisionsofthis section. City shall gire Vendor
reasonable advance notice of intended audits.
ITB 22-0035 Fleet Shop Equipment Maintenance
Page 23 of 30
ATTACHMENT -A
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Cade,any person or agent of a person who contracts or
seeks to c o nt Fact for the sale or purchase of property,goods,or services with a local governmental entity
(i_e_ The City of Fort Worth)must disclose in the Questionnaire Forms CID("Questionnaire")the person's
affiliation or business relationship thatmightcause a conflict of interest with the local governmental entity-
By law,the Questionnaire must be flied with the Fort Worth City Secretary no later than seren days after
the date the person begins contract d i sc u ssion s or negotiat ions with the City,or submits an appiication or
response to a request for proposals or bids,correspondence,or another writing related to potential
agreementwith the City. Updated 0LiestionnairesmList be flied in confbrrnance with Chapter 176.
A copy of the Questionnaires Form CIO is enclosed with submittal documents-The form is also available at
http:!l ww-ethics-state-V-uslformslCIQ-pdf-
If you have any questions about compliance,please consult your own legal counsel. Compliance is ti,e
individual responsibility of each person or agent of a person who is subject toIheflling requirement-An
offense under Chapter 176 is a Class C misdemeanor-
MOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City,state Contractor name 1nthe#1,use MIA in each of the areas on the form.
However, a signature isrequred in the#7 box in all cases.
ITB 22-0035 FleetShap Equipment Maintenance
Page 24 of 30
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local govEmimental e,idiy
This questionnaire reflects changes made 10 the law by H.B. 23. 941h Leg., Regular Session. OFFCE USE ONLY
This questionnaire is being fled in atxordance with Ghapter 176. Local Govemrrent Code,by a vendor who Date Received
has a business relalioiship as defined by Section 1?&001(1-a)with a local aovernmenlal entity and the
vendor meats requirements under Section 176.o061a)-
W law this questionnaire must be lled writ the records adminislralor of the local governnWal entity not later
than the 7th business day after the dale the vendor becomes aware of facts thal require the Wlement to to
filed. See Section 176.acc(a-1),Local Government Gode.
A vondor commits an offanso if tho vondor knnwingy violatas Sodion 176A06,Local Gnuarnmant Cede An
oflense under this sedion is a misdemeanor.
11 Flame of vendor who has a business ralationship with local govarnmanUl aritily.
Ij ❑ Check this box it you an filingan update iaapmyiousfytlladquasbonneire.(The law requires that you file an updated
comi3leted questionnaire with the appropriate filing authority nor.later than the 7th business day after the date on wh is h
you became aware that the originally oiled questionnaire was incomplete or inaccurate.)
7
Nance of local governmant oificerabout whom the information is being disclosed.
Name of Officer
.t Deaoribeenchemptoynnent or other buoineae relabonship with the 1oo431 government at5aer, orn family mem be,-of the
Officer,as described by Section 17fi,003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A a nd B for each employment or bust ness mialionship do wri bed. Attae h additional pages to this Form
CIO as necessary.
A- Is the local government officer or a family member of the officer receiving Or likely to receive taXabla income,
other than investment income. from the vendor?
Yes F7 No
B- Is the vendor receiv ing or I ikely to receiva taxable income,other than investment income;from art at the diection
of the local government officer Or a family member of tha officer AND the taxable income is not received from the
loca governmental entity?
rz5 F7 No
Dcrscriboaach amploymoni or bueinaas rolationship that thavondor namad in Saction 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
Ownership interest of one percent or more.
6
❑ Check itis box i€the vendai has given the kcal govern ment officer or a fam ily member Of the officer One or more gifts
as described in Section 176.00G(s)(2)(B),excluding gffts described in Section 176.002(a-1).
7
ignanxr of vorwkr doing businm with l a gorvernmenls an* DW
Form provided by Texas Elhics Cammssion www.ethir;s.stataU.us Revised uv2a2
ITB 22-0035 Fleet Shop Equipment Maintenance
Page 25 of 30
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acompletecopyor Chapter 176ofthe Local GovernmentCode maybe foundatnttpii.vrww.sta es.legis.state.tx.uw
Cocs�LWIMLG 176.ntm.For easy reference,below are someor the sections citedon tnisform.
L m 176.001 f1•a1:"9usness re lot is nship'means a aan hertion between two o r more parties
based on cam m erc ial activity done of the parties. The to rrn dues not include a cornectio n based on:
(A) atransact ion inatissublectto rat ecr tee fog utatonbyafsderal,state,orixalgovernmental entity oran
age nay of a fede rat,state,o r loca I gov ern me mai ent ity;
(B) a transact ion conduct Bid atapr ice and subject totormaavailableto the pubic;or
(C)a p urchase o r lea se of goads o r se rvic e s fro m a pe rso n that i s chartered by a state or f ed a ral ag ency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code g176,Od3(a)(2HA)and ref;
(al A local gonemmen[olfiser shaJI file a comllis:5 disclosure sta foment ware respect to avendorif:
t2l tnevenclor:
(Al Ttasan employment orotherbusnessrelationshipwrtfitfte local government oflicerora
family memberof the officer Mal results in the officer orfamiry member receiving taxable
inoome,other than investment income. that exceeds$2,500 during the 12-month period
p re ce wi ng the d ai a 1h at 1h a ofi ice r b ec ome s aware that
(il a-contract betweenthe loca I gove rnm en[a I entityandvendorha9beon executed;
cc
(ii) the local governmental entity is considering entering into a contract with the
vertmr;
tH) has giventothe local gouemmentoficeroraIamiymemberofMeofficeroneor more gifs
that have an aggregate valueor more than$100 in me 12-monm perod preced ing th e dale th e
office r b ecom es;aware Chat
(i) aco rill racI between the IocaI governmental entity and vendornas been exec uted;or
ti) tttiebcaJgovernmentaIentityis con sideringentering into acontractwiththevendor.
LncaI Governrr t Co&%I76.Ma1 and(a-it
(a)Avendor shaIIf ile a completed conflict of interest questionnaire 0 lbevendor has a business relationship
witha local gov ern mentaIentiy and-
S 1) has an employment or other b usiness rdatiomhip with a local government officer of that local
govern m en tal entity,or a lam i y me m be r of th a of ice r,d esc ri b ed by Sect io n 176-003(a)(2XA);
R 2) ha s g iven a I oca I you emme nt offic er of that loc al you ern me n tal entity.o r a fam i y me m be r of the
officer,oneormoregiftswiththaagg regal avaluespec9iedbySecfion176-003(a)(2}(B1 excludingally
gftdescribed by Section 176-003(a-1);or
(3) hasafamiy re lationsh0witha local governmentolliceror maIlocalgolernmentaI emky.
(a-1) Th a com N eted cod I is t of in tare st qu esbo nna re m u s t be r it ed w Vi m e ap prop ria to reeo rds adm in i st rato r
not later rMnIne seventh businessday after the Iaterdi
t 1 l the date that the vendor:
RA) begins discussionsornegotiationsto enter into acontractwith the local govemmenial
entity,or
tE� subm its tothe local governmental entiyan application,resmnsetoarequest for pnC)posals
or ads,correspondence, or another writing related to a potential contract with the local
governmental entity;or
l2) the date-the vendor becomes aware-
RA) of an empoyment orotner bushess relationship with a local gov+ernmentofftcer,or a
lamiy member meofficer,descrfbed by Subsection(a);
lB) thatthevendorhasgtvenoneor more g9sdescri bed byStbsection{a);or
RC) ofalamily relationship waha local govemmentofficer.
F=praidfld try Twim,110r 5 Comm www_Uth".stMg.tr,u s Rwhwd 111=1
FFB 22-0035 Fleet Shop Equipment Maintenance
Page 26 of 30
ATTACHMENT - B
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPALPLACE OF BUSINESS
Section 2-14 ofthe Fort Worth Code of Ord inaneesauthorizes the City Council, when considering
competitive sealed bids,to enter i nto a contract force rtai n purchases w ith 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
percent ofttle lowest bid,depending on the value ofthe request and goods or services requested, if
the lowestbid isfrom a businessoutside the municipalityand contracting with tale local bidder would
provide the best combination of price and other economic benefitsto 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 Fart Worth. Ouestions should be addressed to the Purchasing stafPlisted in the bid
or request package.
The Fort Worth City Council requires the following information for consideration of location of a bidderas
principal place of business_ Add additional sheets if needed to provide this information_
1. Locational Eligibility: PrinclpaI Place of Business in Fort Worth,Texas_
a. Do you have a Fort Worth mice? If yes, identifyaddress=
b. What perc entage of estimated g ross com pany sales(worldwide)are s al es ori g 1 n at n g 1 n F o rt Wo rth?
"Originating in Fort Worth'°shall mean payable at the Fort Worth office. [must exceed 50%]
2. Economic DeveIopmentopportun!ties res Lit ng from contract
a. plumber of Fort Worth resident-employees?
b. Amount of City of Fort Worth ad valafem taxes (real and business personal property)paid by
company(for prior tax year—Fort Worth office or former location,if Fort Worth office is newly-
established)?
Certification of information:
The undersigned does hereby affirm that the information supplied istrue and correct asof the date
hereof, under penalty of perjury.
(Company Name) (Date)
(Signature) (Printed Name and Title)
ITB 22-0035 Fleet Shop Equipment Maintenance
Page 27 of 34}
ATTACHMENT O—VENDOR CONTACT INFORMATION
The contacts listed below will be moil able to the City per sect on 8.41,page 18.
Vendors Name:
Vendors Local Address:
Phone: Fax:
Email:
Single Point of Contact(SPOC):
NainelTitle
Phone: Fax:
Email:
Back up:
Naine1Tltle
Phone: Fax:
Email:
Back up:
NamelTitle
Phone: Fax:
Email:
By signing this page,the Vendor conflnns the people listed above will serve as the contact for City of
Fort Worth.Vendor shall notify the City if any changes are made to the contact lists.
Signature Printed Name Date
ITB 22-M35 Fleet Shop Equipment Maintenance
Page 28 or 30
ATTACHMENT D-BIDDERQUALIFICATION QUESTIONAIRE
1. Date your company wasestablished?
2 How many years has you r organ izat io n been in business under its p resent narne?
a. List any farmer names yourorganiaation has operated underand the timeframe(s).
3. Haw-you ever defaulted on a contract?If so,why were you u nable to fulfill the obligation?
4. Does the Bidder haw,a minimum of two(2)years of ex perien ce,proAding fleet
shop equipment maintenance that are similar in size and scope to the City's?
Yes � No
5. Please provide the number of personnel you have auaiIal)Ie to perform the services.
6. Will your company be able to fulfill the requirement listed in section 6.12, page 16_
Yes � No
7_ Does your company have a location within 50 miles of the Fart Worth City Hall,200 Texas
St. Fort W o nth,Texas 76102.
Please provide the location's address
a Please provide a listofequipment avail allletoperform services.
Is the Bidder able to fulfill the spec if cations listed in sections 5.0-12.0, pages 15-19?If no,
please explain why_
Yes � No
ITB 22-0035 Fleet Shop Equipment Maintenance
Page 29 of 30
ATTACHMENT E— DRAFT SERVICE AGREEMENT
The draft service agreement is attached as a separate document_
ATTACHMENT F — SERVICE CENTER EQUIPMENT LIS
The service center equipment list is attached as a separate
document_
EXHIBIT D
CONTRACTOR'S BID RESPONSE
�QRI' t)itTK,
BID SUBMISSION SIGNATURE PAGE
EverilID Page Invited: PUBLIC EVENT dETAILS
Eveml ROtin# WnYen
_1 1
E4inlilome - ---- —
IT a Fimt Si;ap Pgga gruert r -ntenar_ce SubmkTo: C of FotVwrlh
sort Tln a Fhnlsh Time FINANCIAL MANAGEMENT SERVICES
z, lo-Bls�xl ae:3o=ae C$T *110612p22 L2:ao:oa cL4^ FINANCE-Purchasing
2DO TaAar St.(Lave r Level.South}
Fort WaRth TX 7570�
Limted States
Em9Il! FMSPurchagingRe%DonsesCkTtworihtexas gov
Th&undersrgrred,by hisdher Signature,repieawta that helshe is submuting'o binding Offer end iu puftrizcd
to EInd the fc-$por'denito hilly comply w1h lia sokitation d6turridrlt cwlaiemd ini§Mi .Tho R&.pondenl by
submitting and signing Galow.acKnowlaages that he+she has received and read the gwhi a documem packet
sechwa clefinEmd above including all tlamirne ts incorporated by reference,and agrees m be bou-id by the term
therein.
corrrpwy Nagm:Acfian Cleaning Systems, Inc.
Company,Adliress:PO BOX 4910
City,sty,zip Tyler, TX 75717
Vendor leg istralion No.8911
Nmbed h4a1-ne of U ar or Authonnad Represenlabve.Hcath Kooncc
rhue: President
Sgnetura of OPfirer orRuthorized RepiEnwdritahvu Date:I iSM22
Email Address.heath(RacdoncleaningsVstem5inc.sam
Phone Mummer $D3-S31-0077
Federal IdenOcation Number(FIU): 75-2686108
Will egreemant be avaftbla for CooperauuaAgraement use's Yes Na! (See Sector.11.P$n 1}
CONFLICT OF INTEREST OUESTIONNAIRC FORM CIO
FGk vendor d��ri� pu$Il�ess with tac:.l� ��v�rn�i�ntal�ri��ry
the gL*plvr!naue I"cm duegIS WM iv Lhe lam bK FLQ. 21 Hih wQ..AagLou Sazam
-Z.1u?LIr:'ria�u S lrt,y i'�7S17€•IdaI1C0�'eUl„Iupgl liq L[xak uG4$!Il�Xilll=118s ,ti}'a itYRl}!k�' --
hlu 4 WAN;d wak-pshrp m mmrd by$prr,wj.m,,.1 6. owl a rx:al g mwr€larml cknL1y and lr-
sr,^Jr:r'I• ,I9gu*ff unaal$acorn i7f.O%La1
D'!aw ft I4dC3WM Rk mWI be%WY4lh N ha:r<L*FaWlyTd3::.:C•I I'?:G,A
1W ft 71h bevv4aby 9tL8 ** uw mrfjU'AL'oDmm YMMA:I Lkl2 P.J!6QUif L UW.�MLOrWrA LP i'.
t147 5va•i•X�a'I i TS.aGfi4a-'•!.Lsal G�.vamulxa Gam.
x'rYarrier ttimis«aft ri9L11E5 7' V o +]5,:o-•X[+71{tTTl2'! rjd
J'f8t49@'FiiP 5Bnd�n !jJ .I"':'•i}II'ry'I;!:
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Act10r•I-CI88nmg 5y+5kema.Inc.
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t= '�4103 h!In 1?]Gf'OI}rr dl-�al'-NLnly N1 W-ir mar•in&.-In�A srciri may 4f4t impm?mwrICh
y" lam . :hs,il ;ra W"rrF ul!f••OQ�jQl3 Ci•Irlirrtw rl O m44mpOL4 4r laacf.,;'sLa.)
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ITA
olFi[rd5u Qacharnp4o}'In4nk Cr odw bLltt'mom raWU4 &Np wilb LFu Inc 31 gm►i;nwrrpclt 4thC?F Dr A IMMJV M*Mt*r LSr tho
oMf�sr.�seorrcr�bvdbx•S4crrar11F6.uGA(LWs��pl AJS'Ciy49+C:ibO�JLY1ihldpr�liLluni<h�pw�rhliylOGL�Q4tir�lWr,r1}481oi11�41
oomp!pw mWpwu A WW U 10?rtMM SMODYnrans w buviiluDx rvlabunshipdwscrlbpq,AtwrhaddnLvnoi NaU4�aI-oU7io farm
tiG st��recaseyry
NIA
8 I,_�..y I:.. 7G::T-4 n, •.I_-,. .. !,I.r!. ., .I ...:. ,'r i; •_'_-vir.i ---
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I _ ._1 _. _ ,1'.oFl[.ir+;!a iaG'll� rr•irll�Gl•�lgii i117Lk1 := .l.•c•I._�.- I. '. _ .'
} DareflbQ*AM arupr:oYLnnmarbularoMI`W lWfihipMEtloWONwmdImSaa nlruiloWrnwurttempmlilw r
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pUn*rAhrp kn*rwr pt 011WP rC>M Dr rnara,
WA
!h--'-Q,skx' rrrwwrm'nay qvQn 1hpi4491 'IS!nv+!kOcod or lamly merrbgro!Ih*:tr,er mq ormor�;l'l%
,r fir:;. r•-i i ' Ijgr. "Ts•sU7 U7)r21':tl).aSfmarrq gqu au4zri W•:'.::k+;l.._I: I,''_.l'•.•'a:�•I
.'-onrl pd wm;L- :W" h!G#C m :,WDn drarr �lti•:s,:Ls , I. - ... ,. _.
CONFLICT OF INTEREST OUESTJONNAIRE
For v$rador-doing b;rsirrass with Inc4i 90verril kantal entity
Acompli lecapy al crwLer ITS CA the LL.I'•C-CVL'rfIrneNCML3 maYt.e Fend W.r46p:-'AWWW51,11ltes"S 51348.bl use
Cat.y i3'M1 LG 17(>Meek FQ Eilsy relereme,beep&are she or the secllam cne4 on Ibis form
I
Lor.A.GowerunearQd5,,817£,DQ1aval:-B SLness(elaticnshlp'm$ansacwnee;lunliolw•.Ee;,NW4 ..rrnwnepaptDS
t2S+6d rlrM opmmer�E�Cr,rrtlf CI QIl��!1h���1EIQ$. 1�}e 3erm Ck}BS r'Ior IflGL'de a c4'rneClk:d1 bdse�;�fl
(A�}a1r211S2d*4ina1 i55u6 edII0 rile W WeiLAgu12t1unbe a1 +rgI,�L31B-OrkEAl iWerrvneraaie hiip Gr jA �
ager1elr GO a 6tale,u rueal gwerrrmentaimily,
1Bj a 1lansw1ion twr.ducra W a pence and sub•jed EQ*rflir$ltiu$blelDlh*.putmc;ar I
( � a.kurCh3k 01 A&Drgoods cwservwSum-A pertain IM is UraltweOiDy a1~1ia:13u1 `rLltlu1 .:Ind II
Char Is r:uhlea Eo reg lsr a xarninai on 131,and(epartlng 1p.11-1,21 agency
G ug,rn 21rA Ind 18,.
I
I al A iocoi garernr en',ONK84 shallVe aconE1 r[t50$cioswre 5a wni8fll•jyAn a�-us)ec;:i,a w�-11:1,In
•i
q2� lneYendcr.
1 A) hat 2r, pIornenl u 4rnef bu&-ess relatransnipwrHi he WW goverwo.I,O1`lhee4 or a
ramlV memper pl]ne QjrKer Ira)ieSulLS in the C4fto ur 1amdy member recerea, Iauple
ira iorm; other than Irwuez ! )l income, Mal:urea-dt 12,W durlf>g 1ha '2-1l,ur;h L;E31,c}d
preeed.nR Lhc pm1c!I hot ldC aric4i CdComea N*Ikr M I)NNI
(IE aCOrl MI Crelbeenft&cargrNelnmixital-pnhlyandveWorhasbeeneleCUrell,
cir
SpI) Lyle U1Cal governmental entity is consldenng entering intc, a ccrdracu •odiih the
wWFVTI,
lei h 5giwenIoINlorap,emmenl❑l(icerplarwWfrrRrrtA-ral1rE2-oIfiC-er0-eOfrporegns
d 'hiNvPaM 80gie4WIt YAAwOrmWelnanSIOC In the l2,mwdinCmod r&-sdingahecWe[Me
09kii?f b€CbrniE S awArelhal
(1) a mi rrac L ba tw"n[he local governmenui.enlir�and 5+9ri.W has Gaon eKKLe ems,CL
ark Ih1e bGall awernmenielenuly IS ccAGid-eiing enlerlrg Inlo a 4UnliarA•III;ri the w9naDr.
Local154MErr1"1111 Cove 4 17-15,00 W and fA-1j
1e)Averiour 5ha 11 We ac[ymp•et-EKJ epnf O of inlere5l OLIC15 lurin311e i11 lie wen[2G I1,As a buuw;o 5 feWi)r3E1110
-Ai in a ICI gwprnMental Cnlirf ark;
11) -nas an rmpvoymeni pr other bu5iney�ralalwnshlp wih a Iac-al g❑uelnmenl ❑inner iA lhal AoC51
gwtitertxrl<n1al en'1ty,UP a lamb}memberflrMe oMiael,Clem1,becDy 5$CWn 176003)417{2KAI. '
y2E has g,Ven a local gN ernmenr gfnLpr.Dr lherl:anal galrerndrientai erlllly-Ga a 9am1I)iI+p*fflt br O<1 the
alrrcer,one-or mogeglitj'A�Ilhlhe ilgeple"uL-specafledby Secbon1i76.0Q31an2�Bl.exduc0galy
gilt ftscrrbbd tj CISQn 17.5 0G13fs-11.or
(31 'gas a lamiy ie 1a11nnShillWAtl� I=0 giWel nlilurit OMW 01 k1 iat Wai gGwernmenw. 2nhl
LA.4t The COfiPJMJ{D"I C1 Oil'WereV que-srcwjure must be m oa wan Unac,tppropriama i.Wi3e Saaa i.rir�14 ju.,
not 151er than rr a 5ewenlh buSlne%-day Allef lht INK Or
411 M-d2Le plat the M@rld4r:
1Al GNuls d1EctisEim%or negnaaE•ans la snisr Into iatiGhrriilcl wuh Irre I�w1 y;meat mai al
erAily,or
(Gj 5ubm115loL-helocargOrernmudalendly ari mx*%W-00,rusmristL rLo 2L mLesi OvA prupc3a4
cx Gads. cot(espondence, or 2nClhL&r wr1E1h�ra Ma lU 2 pui$rstlM Nnlrap mill me aXal
govammanral -nil;k;pr
(21 NL mie ine rrtndlu r GetD"S A-WiO
(A) at art employmernt or Mer bUgness 1e1arlw 5nipwnh a 1acai quvUlnElivril oNcer.Oi a
4affrllry mamhor ai Itsa all iciu.rlprri,berk tYo$;bsechuri la}'
(8) Ihai WevenaGi as given one or more gills desu}bed Gy 6;bsschun 1a).ix
qC) 31 a lam If relallanshlp w11h a Iacalgovemmentoificer.
4'4t'n5a4'IdvJL-1 r0ikiL4hM.aCwmww'F}rl gg%"dd 1+7F332r
A-,-Lr`.CttiMENT -E
CONSIDERATION OF LO-CATION OF BIDOER'S PRINCIPAL PLACE OF BUSINESS
Section 2•14-of ther Foil Vk U;Vi Cude ul Ordimanc°s 3 [t1{5r12 Sw1Y tfity 4ouaciI, when considering
compatitivesealed bids,tDcnter Into uoutract force rtainpurchasesvrritha bidder whose principal
plate o#business is in the Corporate Iimitsat the 01�y of Fort Worth and whose bid is within I q- �
percent of the lowest bid,depending or1 t1e value Dtthe request and goods or'serviees requested,if
the lowest bid is from a busino%outside the municipality and contracting with the I"al badderwould
proOde the best combination inf price and other eoonomkbenefits to the municr pal lty,
Requests to be considered a IoCal business must be sutwnitted on this bn with bib packages to oe
considered by the City of Fort Worth. Questions should W addressm to the F urchasing staff lifted in the bid
or request piDCk e
The Fort Wojt City O4uncil requires the fallowing information for Consideration of location of a nrrlder's
oneipal place of business. Add additional sheets if needed to pralide thi-s infpramajion,
Locaiiprwal Eligilfl+y Rnnepal Place of Bus riessin Fort Worth,Texas.
a Do you hate a Fart Worth office? If yes. identifyaWresc:
No
b. VVmat Percentageofeslirmted gross companysales(worldwide)are$alesoginatnginFortWorth?
"Qmgltlxttlg Irk Fort W-0111""null r can payON X M&Fort W8rTh MCA �tlllJ9t is ��tl 50°Jni —
2_ Economie Deye:oprnentopport,initas resultirtgfmm contract
a. Nij mW of Fort Worth reside rrt-employees? I
b Arnoum of City of Fort Worth ad wlcrem taxes(rea:and business personal property)paid by
.;QmpiRny (for prior t2x year—Fort Worth office or former IDca:ion I if Fort VVorth ofte is rvwly-
es1abl1shedP o
Certificat,,on o€rnforma.ior:
The undersigned does hereby affirm that the information supplied is true and correct as of the date
he re of,under penalty of perjury,
PC110r1 �iyilriYYS I11C V55 2-022
(Co nyNan*) (sate)
Xv�— S-ICt71r1 r OGn GC f'YUGG1G31
{ nature) (Pri (I NamaandTkle)
ATTACHMENT C—VENDOR CONTACT INFORMATION
The contacts listed below will be available to the Cite per"ction 8.41.gage t5.
vender Name: Action Cleaning Systems, Inc _
Vendor's LocalAddreSs' 10720 Miller Road # 10 Dallas, IrX 75238
Phone: 214-343-3722 Fax: 214-343-7197
E mail:.-heath&actiencicaningsysternsinc,corn
S Ingle PoInt of Meat(3POC)
1srnedrtle Joe-David l lelms Office Manager
Phono: 901531-Mzz Fax: 903-531.0099
Email- U&Mdoncleanhasystemsinc,com ---
Back up:
Na meMtle C h risto h e i (ova rd D FW Lnatipn Manager
Phone: 214- 43-3722 Fax: 214-343-7187
Ernpil:
15a�k rip.
Nams Title Jim Woodrum DFWI Reprewintative _
Phorie 903-531-0077__ Fax..903-531-0099
Email: iirn actlonrleanin 5 stefinsinc,com
By s;gnLng thm page.the Vendor rorr11m,*the people listed aIW4 will serve as ttre coMaot for Cily of
Fort Worth.Vendor 5haLIL riot if the City if any chafges are made to the 4drltaCt IiM
Heath Koonce 11512022
$I Printed Name hate
ATTACHMENT D- SIODER QUAL,'FiCATION QUE$TIONAIRE
1. date your company wasestablished?
1977
z How many pears has ymror$anizaton Daen In bus mess under its present.name?
45 years
a. List any former names you rorganizati on hesoperaled underand the tirnefrarne�s}
NIA
a Have you ever defauftedon atontract?tfso,why were you unat�le to MR theouigadpn?
No
4 Does the Balder hie a rr'ur1rrnum oftV•'o(2)years ofaxperier�ce,pm%odmg Meet
shop equapmant maint,enande that a ra si m iar i n s¢e and scope to the City':5�
Yes
� Nb
5 Please prov a the number of pars*n nel you Dave availat}Irr t-o I>EL arm the serviraS
fl VWl your company be able to fulihiI the requiren-�--nt listed in section 6.12, page In.
Yes � NQ
7. Does your company have a Iocaticn vathin 50 miles 0t the Fart 1No(h City Hall, 200 Texas
St. Fort Wnr-th,Texas 76't D2
PleasQ provide tale,I tion's adoress 10720 Miller Road #21 D Dallas, TX 7:5238
ni-&maa prawida o lint of 8qu ipmant av2ilahle to r]P_rforrn sermces.
,. Is the Bidder able to 1LjIfiI the specifications I fisted in sectons 5.0-12.0. pages 1,5-19? If nc,
please explain wily
EXHIBIT E
VERIFICATION OF SIGNATURE AUTHORITY
ACTION CLEANING SYSTEMS,INC.
P.O.Box 4910
Tyler,TX 75712
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date: