HomeMy WebLinkAboutContract 57812City Secretary Contract No. _____________
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Zimmerer Kubota & Equipment, Inc.
NON-EXCLUSIVE VENDOR SERVICES AGREEMENT
_____________________________________________________________________________
This NON-EXCLUSIVE VENDOR SERVICES AGREEMENT (“Agreement”) is made and
entered into by and between the CITY OF FORT WORTH (“City”), a Texas home rule municipal
corporation, acting by and through its duly authorized Assistant City Manager, and Zimmerer Kubota &
Equipment (“Vendor” or “Contractor”), a TEXAS CORPORATION and acting by and through its duly
authorized representative, each individually referred to as a “party” and collectively referred to as the
“parties.”
WHEREAS, through RFP No. 22-0017, the City solicited bids to award non-exclusive services
agreements to multiple bidders to provide repairs, maintenance and purchase of parts for a variety of
heavy duty vehicles, lawn, and marine equipment in the City’s fleet, on an as needed basis, in the City
with an aggregate amount of up to $1,305,278.00 per year for contracts awarded to the successful
bidders;
WHEREAS, Vendor was one of the successful bidders awarded a contract to provide non-
exclusive repairs, maintenance, and purchase parts for a variety of heavy duty vehicles, lawn, and marine
equipment in the City’s fleet; and
WHEREAS, City and Vendor wish to set out terms of Vendor’s non-exclusive repairs,
maintenance, and purchase parts for a variety of heavy duty vehicles, lawn, and marine equipment in the
City’s fleet.
NOW, THEREFORE, the parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1.This Non-Exclusive Vendor Services Agreement;
2.Exhibit A – Scope of Services;
3.Exhibit B – Price Schedule;
4.Exhibit C – City’s RFP No. 22-0017
5.Exhibit D – Vendor’s Bid Response to City’s RFP No. 22-0017; and
6.Exhibit E – Verification of Signature Authority Form.
Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B,
C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of
this Agreement shall control.
1.Scope of Services.
57812
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1.1 Vendor agrees to provide to the City repairs, maintenance and purchase of parts
for a variety of heavy duty vehicles, lawn, and marine equipment in the City’s fleet, on an as needed
basis (“Services”), which are set forth in more detail in Exhibit “A,” attached hereto and
incorporated herein for all purposes.
1.2 Vendor understands and agrees that the City will award non-exclusive purchase
agreements to multiple bidders for service repairs maintenance and purchase of parts for a variety
of heavy duty vehicles, lawn, and marine equipment in the City’s fleet, on an as needed basis, as
outlined in City of Fort Worth Bid Solicitation (RFP No.22-0017), which is attached hereto as
Exhibit C, and incorporated herein for all purposes. Vendor further understands that the aggregate
amount of all contracts awarded to multiple Vendors under RFP No. 22-0017 shall be an amount
not to exceed $ 1,305,278.00 per year, and the City makes no promise or guarantee of the total
amount of work that will be assigned to Vendor under this Agreement. Vendor’s Response to City
of Fort Worth ITB No 22-0017 (“Vendor’s Response”) is attached hereto as Exhibit D, and
incorporate herein for all purposes.
2. Term. This Agreement begins on June 14, 2022 (“Effective Date”) and expires on June
13, 2023 (“Expiration Date”), unless terminated earlier in accordance with this Agreement (“Initial Term”).
City will have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions, for up to four (4) one-year renewal option(s) (each a “Renewal Term”).
3. Compensation.
3.1 City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit “B,” which is attached hereto and incorporated herein for all purposes. Total
annual compensation annual under this Agreement will not exceed One Million Three Hundred
Five Thousand Two Hundred and Seventy-Eight Dollars and No Cents ($1,305,278.00).
Vendor will not perform any additional services or bill for expenses incurred for City not
specified by this Agreement unless City requests and approves in writing the additional costs for
such services. City will not be liable for any additional expenses of Vendor not specified by this
Agreement unless City first approves such expenses in writing. Vendor understands and agrees
that the aggregate amount of all contracts awarded to multiple Vendors under RFP No. 22-0017
shall be an amount not to exceed $ 1,305,278.00 per year, and the City makes no promise or
guarantee of the total amount of work that will be assigned to Vendor under this Agreement.
3.2 Vendor agrees to submit estimates and invoices in accordance with the estimate
and invoice requirements stated in Exhibit “A”.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days’ written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
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appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City (“City Information”) as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
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reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION – Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City’s use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
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negotiations, or lawsuit as necessary to protect City’s interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City’s assumption of payment of costs or expenses will not
eliminate Vendor’s duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
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(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. “Any
vehicle” will be any vehicle owned, hired and non-owned.
(c) Worker’s Compensation:
Statutory limits according to the Texas Workers’ Compensation Act or any other
state workers’ compensation laws where the Services are being performed
Employers’ liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers’ compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days’ notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days’ notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
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(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor’s duties and obligations hereunder, it will not discriminate i n the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager Dana Burghdoff
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney’s Office at
same address
To VENDOR:
Zimmerer Kubota & Equipment, Inc.
Samantha Smith, Corporate Service Assistant
5165 Mark IV Parkway
Fort Worth, Texas 76106
Facsimile: 817-581-1297
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14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor’s respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics ; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, “Force Majeure Event”). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party’s performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
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22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor’s
option, Vendor will either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR’S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, “Work Product”). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
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28. Change in Company Name or Ownership. Vendor must notify City’s Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel”
and “company” has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that, in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S.,
S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10
or more full-time employees unless the contract contains a written verification from the company that it:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor:
(1) does not boycott energy companies; and (2) will not boycott energy companies d uring the term of this
Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries . Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity”
and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor’s signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
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will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, “electronic signature” means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement, including all attachments and exhibits, contains
the entire understanding and agreement between City and Vendor, their assigns and successors in interest,
as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with any provision of this Agreement.
[SIGNATURE PAGE TO FOLLOW]
Eliana Guevara on behalf of Alan Shuror (Jul 7, 2022 10:26 CDT)
Eliana Guevara on behalf of Alan Shuror
Steve Cooke (Jul 7, 2022 12:26 CDT)
Christopher Austria (Jul 7, 2022 12:27 CDT)
Dana Burghdoff (Jul 8, 2022 10:33 CDT)
Dana Burghdoff
Jannette S. Goodall (Jul 8, 2022 14:19 CDT)
Jannette S. Goodall
EXHIBIT A
SCOPE OF SERVICES
1. The Property Management Department (PMD) shall utilize this Agreement for service repairs
maintenance and purchase of parts for a variety of heavy duty vehicles, lawn, and marine equipment
in the City’s fleet, on an as needed basis.
2. Following the award additional services of the same general category that could have been
encompassed in the award of this Agreement, and that are not already on the Agreement, may be
added in writing if mutually agreed by the Vendor and City.
3. Unit prices shall include all costs associated with the specified work, including but not limited to
handling, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or
paid by the City.
4. All items supplied resulting from this bid shall be of recent production, unused, and suitable for their
intended purpose.
5. VENDOR RESPONSIBILTIES
5.1. Vendors shall provide pricing on parts and labor for the services and a list of brands provided on
the attached Bid Solicitation pages of this ITB.
5.2. Vendor shall provide unit prices for listed items. Unit prices shall include all associated costs
unless specified in Exhibit B, not limited to delivery, fuel and handling charges. No additional
charges will be accepted or paid by the City.
5.2.1. The City will ensure that vehicles will have a minimum of a quarter (1/4) tank of fuel when
dropped off for service.
5.3. Vendors may charge an hourly non-warranty labor rate per service, a cost plus (+) for parts, a
diagnostic fee (detailed out), and any applicable transportation fees, if any, as indicated on
Exhibit B. There are no guarantees the City will accept or held financially or liable for costs
outside of labor and materials/ parts unless specified on Exhibit B.
5.4. Vendors shall provide documentation on their personnel authorized to perform work on City
vehicles and equipment. This includes all certifications, such as the National Institute for
Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the
vendor to perform said work. All licenses, permits, insurance and any other documentation that
is required by local, state and/or federal agencies are to be maintained during the term of this
contract.
5.5. Vendors shall be authorized to diagnose, repair and service vehicles and equipment for the City’s
Heavy duty fleet.
5.6. Vendors shall perform work using the most up to date and appropriate methods available for said
work under industry standards. This includes, but is not limited to, all suitable repair equipment
and parts to insure the satisfactory execution of any repair or installation.
5.7. Vendors shall respond and supply requested materials or services required during regular
business hours within the response time (DELIVERY) from receipt of request per section 6.0 or
less including shipment by mutual agreement form the time original request is made.
5.8. Vendors shall provide the City priority service, as many City vehicles are utilized for public
safety and emergency response. Expeditious turn-around is critical to City operations. Additional
fees for priority services are prohibited.
6. HOURS
6.1. Vendors shall respond to a work order within 24 hours of notification.
6.2. Vendors shall deliver completed vehicles to the Fleet Service Center, Monday through Friday
between 7:30 a.m. – 9:30 p.m. unless expressly authorized by the Fleet Service Center
Supervisor(s) or their designee. Any deviation from this timeframe shall require written approval
from the Fleet Service Center Supervisor(s) or their designee.
7. AFTER HOURS
7.1. After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am, holidays
and weekends.
8. PARTS
8.1. All parts utilized in repairs, replacements or installations on City vehicles and equipment must
be new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts
can be considered but must be approved in writing by City PMD Fleet personnel prior to being
utilized by a vendor.
8.2. Vendor shall warranty all work and products supplied under this Agreement against any defects
in design, workmanship, materials and failure to operate satisfactorily. Each product shall be
constructed to the highest industry standards. Products manufactured of poor workmanship will
not be accepted.
8.3. The City reserves the right to supply parts as the City determines is necessary.
8.4. Vendor may charge a cost plus (+) for parts as indicated on Exhibit B. There are no guarantees
the City will accept or held financially or liable for costs outside of labor and materials/ parts
unless specified on Exhibit B
9. INVENTORY OF ASSETS
9.1. Assets that may need repairs and services but are not limited to, the inventory listed below:
Up to 3,000 on-road and 1,600 off -road vehicles and equipment including, but not limited to:
Types of Equipment Manufacturers
Fire Trucks Dump Trucks
Heavy-Duty Trailers Bucket
Trucks Off Road Equipment
Transfer Trucks
Motor Homes Fuel Trucks Water
Tankers Container Trucks
Sewer Equipment
and other related types of
equipment over 1 ton
Allison
Altec
Artic Cat
Aquatech
Bendix
Big Tex
BMW
Champion
Chevy
Cummins
Custom- Chris Trim
Custom- Lawhon
Custom- Tommy Gate
Custom- Youngs
Delta Rigging
Detroit
Dodge
Doosan
Duetz
Eaton
E-One
Ford
Freightliner
Honda
Hyundai
International
Interstate Trailers
Isuzu
JCB
Jeep
JLG
John Deere – Green (AG)
Kawaski
Kenworth
Kobelco
KTM
Kubota
Mack
M&D
Mazda
Mercedes/ Sprinter
Meritor
Metro
Mitsubishi
Muncie
National Crane
New Holland
Nissan
Onan Generators
Peterbilt
Pierce – Fire Apparatus
Pioneer
Pipehunter/ Jeteye
Progard
ROM Corp
Rosenbauer
Spartan
Spitzlift
Sterling
Tennant
Terex
Texas Steer
Toyota
Tracker
Twister
Vac-Con
Vactor
Verneer
Versalift
Volvo
WABCO
Wacker
Whelen
Yamaha
Zodiac
and other related
manufacturers over 1 ton
City Secretary Contract No. _____________
Vendor Services Agreement Page 16 of 26
Zimmerer Kubota & Equipment, Inc.
10. ESTIMATES
10.1. Vendors will be required to provide written estimates to Fleet Service Center Supervisors or
designee personnel before the start of any work. The estimates may be emailed to the Fleet
Service Center Supervisors or designee who requested the services to be completed.
10.2. If during the course of the originally estimated repairs, it is noted that further repairs will be
needed, a revised estimate must be prepared by Vendors for the additional work.
10.3. Estimates provided by vendors shall state ‘Warranty Service’ if City vehicles or equipment will
be serviced for warranty work.
10.4. Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases.
10.5. Vendors shall send confirmation and a cost estimate to the Fleet Service Center Supervisor(s)
or designee within 24 hours of receiving a list of equipment for inspection and testing.
10.6. Vendor shall identify the repair direction and shall email an estimate with specific details of the
repairs needed regardless of warranty or non-warranty
10.7. All estimates provided by vendors will be quoted on a ‘time and materials’ basis, adherence to
the agreed upon contract rate(s) and itemized to illustrate the cost of each of the following, if
applicable to the service or work performed:
10.7.1. Estimates shall include number of and cost of part(s) to be installed.
10.7.2. Estimates shall include cost of labor to perform repair and/or installation; itemized by
number of labor hours per labor line.
10.7.3. Estimates shall include itemized inspection/diagnostic fees.
10.7.4. Transportation fees, if any, for pick-up or delivery.
10.7.5. Miscellaneous shop fees will not be allowed. This should be considered when bidding
applicable costs in the other time and materials categories.
10.7.6. Travel charges for mobile services will only be considered if included in Exhibit B and
should be itemized.
10.8. Final invoices submitted to the City for work performed should always match the final estimate
received and approved by the City. All revised estimates must be approved in writing prior to
billing.
10.9. Fleet Service Center Supervisors or designee will provide written authorization and a Purchase
Order (PO) to proceed with the inspection and testing or repairs after evaluating the estimate.
Vendors are not authorized to proceed with inspection, testing or repairs based on verbal
authorizations and assumes all liability and responsibility for inspection, and testing performed
based on such verbal authorizations.
10.10. PMD Fleet shall issue a purchase order for billable repairs and sent to the vendor via email.
Repairs are NOT to be performed until a purchase order has been issued and provided to the
Vendor from PMD Fleet Division. This ensures proper tracking and documentation are in
place for the Vendor and the City
10.11. Fleet shall create necessary work order for tracking.
10.12. Fleet staff shall document the approval and shall update the work order detailing all
communications and repairs with denial or approval information.
Professional Services Agreement Page 17 of 26
Zimmerer Kubota & Equipment, Inc.
10.13. Vendor shall be notified, via email, of repairs needed and/or diagnosis from Fleet.
11. INVOICING REQUIREMENTS
11.1. The City of Fort Worth has begun implementing an automated invoicing system.
11.2. The Vendor shall send invoices electronically to our centralized Accounts Payable department
invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not
monitored so please do not send correspondence to this email address. The sole purpose of the
supplier invoices email address is to receipt and process supplier invoices.
11.3. Please include the following on the subject line of your e-mail: vendor name, invoice number,
and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234)
11.4. To ensure the system can successfully process your invoice in an expedient manner, please
adhere to the following requirements:
11.4.1. All invoices must be either a PDF or TIFF format.
11.4.2. Image quality must be at least 300 DPI (dots per inch).
11.4.3. Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
11.4.4. One invoice per attachment (includes PDFs). Multiple attachments per email is
acceptable but each invoice must be a separate attachment.
11.4.5. Please do not send handwritten invoices or invoices that contain handwritten notes.
11.4.6. Dot matrix invoice format is not accepted.
11.4.7. The invoice must contain the following information:
11.4.7.1. Supplier Name and Address;
11.4.7.2. Remit to Supplier Name and Address, if different;
11.4.7.3. Applicable City Department business unit# (i.e. FW013)
11.4.7.4. Complete City of Fort Worth PO number (i.e. the PO number must contain all
preceding zeros);
11.4.7.5. Invoice number;
11.4.7.6. Invoice date; and
11.5. Invoices should be submitted after delivery of the goods or services.
11.6. To prevent invoice processing delays, please do not send invoices by mail and email and please
do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov.
To check on the status of an invoice, please contact the City Department ordering the
goods/services or the Central Accounts Payable Department by email at:
ZZ_FIN_AccountsPayable@fortworthtexas.gov.
11.7. If you are unable to send your invoice as outlined above at this time, please send your invoice
to our centralized Accounts Payable department instead of directly to the individual city
department. This will allow the city staff to digitize the invoice for faster processing.
11.8. If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth,
Attn: FMS Central Accounts Payable, 200 Texas Street, Fort Worth, Texas, 76102
11.9. The City’s goal is to receive 100% of invoices electronically so that all supplier payments are
processed efficiently. To achieve this goal, we need the Vendor’s support.
Professional Services Agreement Page 18 of 26
Zimmerer Kubota & Equipment, Inc.
11.10. If Vendor has any questions, please contact the Accounts Payable team at (817) 392-2451 or
by email to ZZ_FIN_AccountsPayable@fortworthtexas.gov.
11.11. Vendor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax
exemption certificate upon Vendor’s request.
12. HAZARDOUS CONDITIONS
12.1. The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to City property.
13. UNIT PRICE ADJUSTMENT
13.1. The unit prices may be adjusted for increases or decreases in Vendor’s cost during the renewal
period but before the effective date of the renewal upon written request from the Vendor.
13.2. The Vendor must submit its price adjustment request, in writing, at least 60 days before the
renewal effective period. The Vendor shall provide written proof of cost increases with price
adjustment request.
13.3. If the City concludes that the rate increase being requested is exorbitant, the City reserves the
right to adjust the rate request, or reject the rate request in its entirety and allow the contract to
expire at the end of the contract term. If the City elects not to exercise the renewal option, the
Purchasing Division will issue a new solicitation.
13.4. Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
13.5. Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in
extensions or totals, the unit prices offered will govern.
13.6. Upon expiration of the Agreement term the successful bidder, agrees to hold over under the
terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid
an agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at the
prior agreement rate(s). Vendor shall remain obligated to the City under all clauses of this
Agreement that expressly or by their nature extends beyond and survives the expiration or
termination of this Agreement.
13.7. Goods and/or services shall not be suspended by the Vendor without a 30 day prior written
notice to the City.
14. PERFORMANCE
14.1. Failure of the City to insist in any one or more instances upon performance of any of the terms
and conditions of this Agreement shall not be construed as a waiver or relinquishment of the
future performance of any terms and conditions, but the Vendor's obligation with respect to such
performance shall continue in full force and effect.
15. COMPLAINTS
15.1. Complaints processed through the City Purchasing Division are to be corrected within fourteen
(14) days of formal notice of complaint. Written response to the Purchasing Division is required.
15.2. Failure to properly resolve complaints within the fourteen (14) calendar day time period may
result in the cancellation of the applicable line item(s) in the price agreement.
16. CONTRACT ADMINISTRATION
16.1. Contract administration will be performed by the City Department. In the event the Vendor
Professional Services Agreement Page 19 of 26
Zimmerer Kubota & Equipment, Inc.
fails to perform according to the terms of the agreement, The Department head or his/her
designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss
the Vendor’s deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar
days to cure any deficiency.
16.2. In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Purchasing Manager who will take appropriate action to cure the
performance problem(s), which could include cancellation, termination for convenience or
default. If the agreement is terminated for default, the Vendor may be held liable for excess cost.
16.3. The Vendor will be paid only those sums due and owing under the agreement for services
satisfactorily rendered.
16.4. The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Vendor shall immediately stop all work
hereunder and shall immediately cause any and all of its suppliers and subVendors to cease
work. Subject to the terms of this agreement, the Vendor shall be paid a percentage of the
agreement price reflecting the percentage of the work performed prior to the notice of
termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City
using its standard record keeping system, have resulted from the termination. However, in no
event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor
shall not be reimbursed for any profits which may have been anticipated, but which have not
been earned up to the date of termination.
City Secretary Contract No. _____________
Vendor Services Agreement Page 20 of 26
Zimmerer Kubota & Equipment, Inc.
EXHIBIT B
PAYMENT SCHEDULE
Professional Services Agreement Page 21 of 26
Zimmerer Kubota & Equipment, Inc.
EXHIBIT B
PAYMENT SCHEDULE
Professional Services Agreement Page 22 of 26
Zimmerer Kubota & Equipment, Inc.
EXHIBIT B
PAYMENT SCHEDULE
Professional Services Agreement Page 23 of 26
Zimmerer Kubota & Equipment, Inc.
EXHIBIT B
PAYMENT SCHEDULE
Professional Services Agreement Page 24 of 26
Zimmerer Kubota & Equipment, Inc.
EXHIBIT C
CITY’S RFP No. 22-0017
(RFP No. 22-0017, Pages Follow)
Event Description
The City of Fort Worth (City) seeks bids to finalize an annual agreement with multiple vendors for repair
services for City owned heavy duty vehicles and equipment and to establish an Annual Agreement to provide
Original Equipment Manufacturer (OEM) Authorized Service Facilities for the Property Management
Department (PMD) on an as needed as specified in this Invitation to Bid (ITB.)
Terms & Conditions
All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the
PeopleSoft Supplier Portal. Please visit
https://www.fortworthtexas.gov/departments/finance/purchasing/register for more information.
Assigned Buyer: Ashley Kadva
There will be a pre-proposal conference held on December 23, 2021 at 2:00 PM
Location: City Hall
200 Texas St
Room 380, 3rd Floor Fort Worth, Texas 76102
Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this
solicitation. Completed Bids including one executed original and one USB flash drive containing electronic
versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., December 16, 2021, and
then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed
envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR
BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE
CONSIDERED. Bids shall be mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102
Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the
outside of the courier's shipping envelope "BID No. 22-0017, ITB - Heavy Duty Repair and Service" AND MUST BE
RECEIVED BY THE
PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.
Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid.
Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn
after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon
which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in
this document. The period for acceptance of this bid will be 120 calendar days after the bid opening date.
Solicitation Documents:
1.) Cover Page
2.) Bid Submission Signature Page**
3.) Bid Solicitation**
4.) Part 1 - Instructions
5.) Part 2 Scope of Services/Specifications
6.) Attachment A - Conflict of Interest Disclosure Requirement**
7.) Attachment B - Vendor's Contact Information
8.) Attachment C - Consideration of Location of Bidder's Principal Place of Business**( if applicable)
8.) Attachment D - Reference Sheet
9.) Attachment E - Detailed Scope of Services
9.) Attachment F - Draft Services Agreement, attached as a separate document
**Required to be completed and submitted. See Section 14.2, Part 1 for all required documents that need to be
submitted. Failure to submit all items will be grounds for rejection of a bid as non-responsive to the specifications.
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by
COVER PAGE
Invited:PUBLIC EVENT DETAILS
Submit To:City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email:FMSPurchasingResponses@fortworthtexas.gov
Event ID Page
CFW01-22-0017 1
Event Round Version
1 1
Event Name
ITB Heavy Duty Repair and Service
Start Time Finish Time
12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST
ITB 22-0017 Heavy Duty Repair and Services
Page 1 of 52
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by
submitting and signing below, acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference, and agrees to be bound by the terms
therein.
Legal Company Name:_________________________________________________
Company Address:________________________________________
City, State, Zip:_______________________________________
Vendor Registration No._______________________________________
Printed Name of Officer or Authorized Representative: _____________________________________
Title: ______________________________________________________
Signature of Officer or Authorized Representative:__________________________________________
Date:___________________________________________________________
Email Address:___________________________________________________
Phone Number: ________________________________________________
Federal Identification Number (FID): _________________________________
Will agreement be available for Cooperative Agreement use? Yes___ No ___
BID SUBMISSION SIGNATURE PAGE
Invited:PUBLIC EVENT DETAILS
Submit To:City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email:FMSPurchasingResponses@fortworthtexas.gov
Event ID Page
CFW01-22-0017 2
Event Round Version
1 1
Event Name
ITB Heavy Duty Repair and Service
Start Time Finish Time
12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST
ITB 22-0017 Heavy Duty Repair and Services
Page 2 of 52
Line:1
Description:Qty Unit UnitPrice Total
Diagnostic/Evaluation Fee 1000.00 EA
Line:2
Description:Qty Unit UnitPrice Total
Shop Hourly Rate, Mon-Fri 7:00 am -9:30 pm 4000.00 HR
Line:3
Description:Qty Unit UnitPrice Total
Hourly Field Rate, Mon-Fri 7:00 am -9:30 pm 4000.00 HR
Line: 4
Description:Qty Unit UnitPrice Total
200.00 EATransportation Fee (Pick-up & Delivery
Inclusive) If applicable, Round Trip
Line: 5
Description:Qty Unit UnitPrice Total
1000.00 HR
Drivetrain and Transmission Repairs
Drivetrain (Clutch Assembly, Flywheel, etc)
Non-Warranty hourly labor rate (1 Ton & Over;
Including Specialty & Off Road Equipment)
Line: 6
Description:Qty Unit UnitPrice Total
1000.00 HR
Transmission (Main, Transfer Case, Chain and
Final Drives) Non-Warranty hourly labor rate
(1 Ton & Over; Including Specialty & Off-Road
Equipment)
Line: 7
Description:Qty Unit UnitPrice Total
1000.00 HREngine Repairs Engine Analysis Non-Warranty
hourly labor rate (1 Ton & Over; Including
Specialty & Off-Road Equipment)
Line: 8
Description:Qty Unit UnitPrice Total
Electrical (Alternator/Generator, Battery,
Ignition, Lights, etc) Non-Warranty hourly
labor rate (1 Ton & Over; Including Specialty
& Off-Road Equipment)
900.00 HR
BID SOLICITATION
Invited:PUBLIC EVENT DETAILS
Submit To:City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email:FMSPurchasingResponses@fortworthtexas.gov
Event ID Page
CFW01-22-0017 3
Event Round Version
1 1
Event Name
ITB Heavy Duty Repair and Service
Start Time Finish Time
12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST
ITB 22-0017 Heavy Duty Repair and Services
Page 3 of 52
Line: 9
Description:Qty Unit UnitPrice Total
800.00 HR
Power Plant (Engine, Belts, Heads, Intake,
Rebuilding, etc.) Non-Warranty hourly labor
rate (1 Ton & Over; Including Specialty &
Off-Road Equipment)
Line: 10
Description:Qty Unit UnitPrice Total
800.00 HR
Exhaust and Emissions Repairs to include DPF
and SCR Cleaning - Exhaust System Maintenance
and Repair Non-Warranty hourly labor rate (1
Ton & Over; Including Specialty & Off-Road
Equipment)
Line: 11
Description:Qty Unit UnitPrice Total
600.00 HRFuel System Maintenance and Repair
Non-Warranty hourly labor rate (1 Ton & Over;
Including Specialty & Off-Road Equipment)
Line: 12
Description:Qty Unit UnitPrice Total
2000.00 HR
General Vehicle Repair (Spring, Misc.)
Automobile and Other Passenger Vehicles
Maintenance (Not Otherwise Classified)
Non-Warranty hourly labor rate (1 Ton & Over;
Including Specialty & Off-Road Equipment)
Line: 13
Description:Qty Unit UnitPrice Total
200.00 HR
Customizing Services, Vehicle (Including
Armoring of Vehicles, Handicapped and Van
Conversions, etc) Non-Warranty hourly labor
rate (1 Ton & Over; Including Specialty &
Off-Road Equipment)
Line: 14
Description:Qty Unit UnitPrice Total
2000.00 HR
General Maintenance and Repair, Vehicle (Not
Otherwise Classified) to include Oil Changes,
Lubrication, etc (1 Ton & Over; Including
Specialty & Off-Road Equipment)
Line: 15
Description:Qty Unit UnitPrice Total
400.00 HRAutomotive Machine Shop Services Non-Warranty
Hourly Labor Rate (1 Ton & Over; Including
Specialty & Off-Road Equipment)
Line: 16
Description:Qty Unit UnitPrice Total
Trailer Maintenance and Repair (Not Otherwise
Classified) Non-Warranty hourly labor rate (1
Ton & Over; Including Specialty & Off-Road
Equipment)
700.00 HR
BID SOLICITATION
Invited:PUBLIC EVENT DETAILS
Submit To:City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email:FMSPurchasingResponses@fortworthtexas.gov
Event ID Page
CFW01-22-0017 4
Event Round Version
1 1
Event Name
ITB Heavy Duty Repair and Service
Start Time Finish Time
12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST
ITB 22-0017 Heavy Duty Repair and Services
Page 4 of 52
Line: 17
Description:Qty Unit UnitPrice Total
1500.00 HR
Truck and Van Maintenance and Repair (Not
Otherwise Classified) Non-Warranty hourly
labor rate (1 Ton & Over; Including Specialty
& Off-Road Equipment)
Line: 18
Description:Qty Unit UnitPrice Total
1000.00 HR
Temperature Repair - A/C, Heater, Radiator,
Ventilation, etc. Cooling, Heating, and
Ventilating System (A/C System, Hoses, Water
Pump, Radiator, Heater & Accessories,
Ventilation, etc) (1 Ton & Over; Including
Specialty & Off-Road Equipment)
Line: 19
Description:Qty Unit UnitPrice Total
500.00 HR
Vehicle Radio, Speakers, Maintenance and
Repair, including specialty & Off-Road
Equipment Hourly Labor Rate (1 Ton & Over;
Including Specialty & Off-Road Equipment)
Line: 20
Description:Qty Unit UnitPrice Total
700.00 HRRetrofitting Vehicles to Reduce Emissions &
Improve Air Quality flat rate fee (1 Ton &
Over; Including Specialty & Off-Road
Line: 21
Description:Qty Unit UnitPrice Total
1200.00 HRWheel, Alignment, Suspension, Rear End, Etc.
Repair Alignment and Wheel Balancing
(Including Front-End Repair) flat rate fee
Line: 22
Description:Qty Unit UnitPrice Total
1200.00 HRSuspension (Axles, Springs, Steering, etc)
flat rate fee (1 Ton & Over; Including
Specialty & Off-Road Equipment)
Line: 23
Description:Qty Unit UnitPrice Total
1200.00 HRWheel Balancing Flat Fee Rate (1 Ton & Over;
Including Specialty & Off-Road Equipment)
Line: 24
Description:Qty Unit UnitPrice Total
Wheel Maintenance and Repair Hourly Labor
Rate (1 Ton & Over; Including Specialty &
Off-Road Equipment)
400.00 HR
BID SOLICITATION
Invited:PUBLIC EVENT DETAILS
Submit To:City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email:FMSPurchasingResponses@fortworthtexas.gov
Event ID Page
CFW01-22-0017 5
Event Round Version
1 1
Event Name
ITB Heavy Duty Repair and Service
Start Time Finish Time
12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST
ITB 22-0017 Heavy Duty Repair and Services
Page 5 of 52
Line: 25
Description:Qty Unit UnitPrice Total
1000.00 HRVehicle Reconditioning/Refurbishing Services
Non-Warranty Hourly Labor Rate (1 Ton & Over;
Including Specialty & Off-Road Equipment)
Line: 26
Description:Qty Unit UnitPrice Total
300.00 EA
Parts- Cost Plus (+) _____________percent of
‘Manufacturers List Price’
(Apply Mark Up Percentage Bid to $300.00 To
Obtain Correct Sum. Example: 300 x10% = 30;
Line: 27
Description:Qty Unit UnitPrice Total
336.00 HRHose Repairs and/or Replacement (Monday -
Friday between 7:30 a.m.– 9:30 p.m)Billed to
the nearest quarter of the hour
Line: 28
Description:Qty Unit UnitPrice Total
336.00 HRHose Repairs and/or Replacement (After hours
Friday at 9:31 pm - Monday at 6:59 am) Billed
to the nearest quarter of the hour
Line: 29
Description:Qty Unit UnitPrice Total
1475.00 HRAfter Hours Field Rate, Mon-Fri 7:00 am -9:30
pm
Line: 30
Description:Qty Unit UnitPrice Total
Shop Hourly Labor Rate, After Hours,
Holidays, Weekends
1475.00 HR
Total Bid Amount:
BID SOLICITATION
Invited:PUBLIC EVENT DETAILS
Submit To:City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email:FMSPurchasingResponses@fortworthtexas.gov
Event ID Page
CFW01-22-0017 6
Event Round Version
1 1
Event Name
ITB Heavy Duty Repair and Service
Start Time Finish Time
12/15/2021 08:00:00 CST 01/06/2022 13:30:00 CST
ITB 22-0017 Heavy Duty Repair and Services
Page 6 of 52
A bid of "0" (zero) will be interpreted by the City as a no-charge (free) item and the City will not expect to pay for that item. A bid of "no
bid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised, a "no
bid" or no response may be considered as non-responsive and may result in disqualification of the bid.
PART - 1
INSTRUCTIONS
1.0 SOLICITATION
1.1 Review of Documents: Bidders are expected to examine all documents that make up the
Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission,
ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by
the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for
any errors or misrepresentations that result from Bidders not using the completed Solicitation
document and addendums.
1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location for
the Purchasing Division are specified in the advertisement and on the first page of the solicitation.
2.0 EXPLANATIONS, CLARIFICATIONS OR QUESTIONS
2.1 Any explanation, clarification, or question desired by a Bidder regarding any part of the
Solicitation must be requested in writing from the Purchasing Division by the question deadline
listed in Section 2.0, Part 2, so that a written addendum can be posted before the submission
deadline. Interpretations, corrections, or changes to the Solicitation made in any other manner
are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or
changes. Oral explanations or instructions given before the award of the Contract are not binding.
2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED, ALL QUESTIONS MUST BE HAND
DELIVERED OR SENT BY E-MAIL BEFORE THE QUESTION DEADLINE AND MUST BE
IDENTIFIED AS FOLLOWS:
2.2.1 All explanation, clarification or questions must clearly identify the buyer’s name and the
bid number on the document or on the subject line, if sent by and email. For example:
“Attention: Buyer name and Bid No. XX-XXX”. If the buyer’s name and bid number is
not included as specified above, the question(s) will NOT be answered.
2.2.2 Delivery of questions by:
2.2.2.1 Hand Delivery – Fort Worth City Hall, Purchasing Division, Lower Level, 200
Texas Street, Fort Worth Texas, 76102.
2.2.2.2 Via Email – FMSPurchasingResponses@fortworthtexas.gov
2.2.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not
received within 1 (one) business day, please contact the City of Fort
Worth Purchasing at 817-392-2462.
2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are not
binding upon the City, and Bidders shall not rely upon such interpretations, corrections or
changes. Oral explanations or instructions given before the award of the Contract are not
binding.
2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an
Addendum posted on the City’s website under the corresponding bid number.
3.0 UNAUTHORIZED COMMUNICATIONS – Bidders’ contact regarding this Invitation to Bid (ITB) with
employees or officials of the City other than the Purchasing Manager, the Business Equity Division, or as
otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement
process. No officer, employee, agent or representative of the Respondent shall have any contact or
ITB 22-0017 Heavy Duty Repair and Services
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discussion, verbal or written, with any members of the City Council, City staff or City’s consultants, or
directly or indirectly through others, seek to influence any City Council member, City staff, or City’s
consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation
of this prohibition may result in the Respondent being disqualified from the procurement process. Any
oral communications are considered unofficial and non-binding with regard to this ITB.
4.0 PREBID CONFERENCE – A pre-bid conference and site visit will be held at 3:00 PM, Thursday,
December 23, 2021 at City Hall, 200 Texas Street, Room 380, Fort Worth, TX 76102. Failure to attend
the pre-bid conference will impact a potential Vendor’s ability to submit a fully informed and competitive
bid response. To join the Pre-bid Via Webex, please see Cover Page for details.
5.0 PREPARATION OF BIDS
5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated.
Prices or Percent Markups submitted on other than the forms included in the Solicitation
shall be considered non-responsive.
5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the
Bid.
6.0 QUANTITES - The quantities listed on the bid solicitation are only estimates based on previous usage
and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is
obligated to pay for only those materials and services actually ordered by an authorized City employee
and then received as required and accepted by the City.
7.0 TAXES - Purchases of Goods or Services for City use are usually exempt from City, State, and most
Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax
Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to
pay taxes for which the City has an exemption under any Contract.
8.0 DEFINITIONS
8.1 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are
acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those
features that render it equal. Final determination of a product as "equal" remains with the City.
8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days.
Time is of the essence in any City purchase. If the indicated date cannot be met or the date is
not indicated, the Bidder shall state its best delivery time.
8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and
Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery to the
point of destination.
8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for
breakage or other loss and for any damage resulting from transportation.
8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place
specified, at the Bidder’s expense and risk, and their tender delivery to the City.
8.3.3 Bids offering any other delivery terms are not acceptable and may be cause for rejection.
9.0 PRICES/PERCENTAGE MARKUP
9.1 Bid prices and percentage markup (if applicable) shall be firm offers unless otherwise specified.
Pricing and percentage markup (if applicable) shall be entered on the Bid Offer Sheet.
9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern.
ITB 22-0017 Heavy Duty Repair and Services
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9.3 Prices shall be offered in the Dollars of the United States of America (or decimal fractions
thereof).
10.0 SIGNATURE - The Bidder must provide a wet signature on each document in the Solicitation requiring a
signature. Any change made to the Bid must be initialed by the Bidder.
11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID
11.1 All material submitted to the City becomes public property and is subject to the Texas Open
Records Act upon receipt.
11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page
must be identified and marked proprietary at time of submittal. The City will, to the extent
allowed by law, endeavor to protect such information from disclosure. If a Public
Information Request is made for Bidder’s proprietary information, the Bidder will be
notified so that they can submit a letter to the Texas Attorney General. The final decision
as to information that must be disclosed lies with the Texas Attorney General.
11.1.2 Failure to identify proprietary information will result in all unmarked sections being
deemed non-proprietary and available upon public request.
12.0 BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall
be borne by the Bidder.
13.0 PAYMENTS
13.1 All payment terms shall be “Net 30 Days” from the date the City receives a correct invoice.
13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing
goods and/or services using the forms posted on the City’s website at
https://www.fortworthtexas.gov/departments/finance/purchasing/ach
14.0 SUBMISSION OF BIDS
14.1 Bidders shall submit the following items with their bid:
14.2 A completed and signed original Bid Submission Signature page;
14.3 A completed Bid Solicitation.
14.4 Signed Addendum(s) acknowledging receipt.
14.5 All items listed in Section 14.0, Bidders Qualifications; Part 2
14.6 A completed and signed original Conflict of Interest Questionnaire, Attachment A;
14.7 A completed Consideration of Location of Bidder’s Principal Place of Business, Attachment B, if
applicable;
14.8 A completed Bidder’s Contact Information Form, Attachment C;
14.9 A completed Bidder’s Qualification Questionnaire, Attachment D;
14.10 A completed Business Equity Utilization Form, Attachment G;
14.10.1 The Letter of Intent (Only if the Prime Vendor submits a good faith effort). Attachment H;
ITB 22-0017 Heavy Duty Repair and Services
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14.11 Documentation and certifications necessary to perform work on City vehicles and equipment. This
includes all certifications, such as the National Institute for Automotive Service Excellence (ASE)
or Manufacturer required training, which qualifies the vendor to perform said work.
14.12 List of materials, tools and equipment necessary to perform repairs to city vehicles and
equipment.
14.13 Scanned copy of all documents listed in paragraph 14.1 in flash drive.
14.14 Documentation showing company has been in the market place for a minimum of two years (i.e.
Secretary of State).
14.15 Bidder shall provide a minimum of three (3) references from projects similar in nature, size and
scope completed or undertake in the past three years. Letters shall include the following items.
14.15.1.1 Company letterhead, including contact information.
14.15.1.2 Number of years working with Firm.
14.15.1.3 Brief explanation of customer’s satisfaction and recommendation of Firm. Please
provide a rating of 1-5. One (1) being unlikely to recommend and unsatisfied, and
five (5) being highly satisfied and highly recommended.
14.15.1.4 Brief explanation on likeliness to work with Firm again. One (1) being unlikely to
continue to use Firm and five (5) highly likely to use Firm again.
14.2 Any other document included in the Solicitation requiring completion or execution by the Bidder.
14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a bid as
non-responsive to the specifications.
15.0 LATE BIDS
15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All Bids
received after the submission deadline are considered late and will be returned to the Bidder
unopened.
15.2 Purchasing’s time stamp clock is the official time of record. However, if the time stamp is not
available or broken, the date and time written on the bid receipt by Purchasing staff shall be the
time of record.
15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing
Division. The City will not be responsible for failure of service on the part of the U.S. Postal
Office, courier companies, or any other form of delivery service chosen by the Bidder to deliver
before the bid due date and time.
15.4 Bids delivered to a City location other than the Purchasing Division will not be considered. The
Bid must be received by the Purchasing Division and stamped before deadline to be considered.
16.0 MODIFICATION OR WITHDRAWAL OF BIDS
16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid submission
deadline.
16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the
facsimile is signed by the Bidder) at any time prior to the bid submission deadline. A Bid may
also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid
submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids may be
ITB 22-0017 Heavy Duty Repair and Services
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withdrawn after the bid submission deadline without forfeiture of the Bid guarantee, unless there
is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications,
prior to the bid submission deadline. The City may require proof of agency from the person
withdrawing a bid.
17.0 OPENING OF BIDS
The Purchasing Division representative responsible for opening Bids shall personally and publicly open
all Bids timely received, reading each bid aloud.
18.0 EVALUATION FACTORS AND AWARD
18.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise
specified). However, the City may evaluate and award the Contract for any item or group of items
shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that
specify an “all or none” award may be considered if a single award is advantageous.
18.2 Award. The Method of Award is detailed in Section 4, Part 2. (Note: A Bidder that does not earn
at least 50% of the technical points will be deem “non-responsive” and will not be awarded a
contract.)
18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a Purchase
Order or a Contract. Subsequent Purchase Orders may be issued as appropriate. The contents
of a Bid Response shall become a part of the Contract. Under no circumstances will the City be
responsible for Goods or Services provided without a Purchase Order issued by the City.
19.0 RESERVATIONS - The City expressly reserves the right to:
19.1 Specify approximate quantities in the Solicitation;
19.2 Extend the Solicitation opening date and time;
19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to
the City;
19.4 Waive as an informality, minor deviations from specifications provided they do not affect
competition or result in functionally unacceptable goods or services;
19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that
does not affect the competitiveness of the Bidder);
19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission
deadline;
19.7 Reject a bid because of unbalanced unit prices bid;
19.8 Reject or cancel any or all Bids;
19.9 Reissue a Solicitation;
19.10 Procure any item by other means; and/or
19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors.
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20.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS
20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide
Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office
within 14 calendar days after notification of award, or as otherwise required by the Solicitation.
20.2 Business Equity Division Documents: If a Business Equity goal has been established for the
bid, the applicable documents must be submitted by all bidders wishing to continue in the bid
evaluation process within two (2) City business days after the bid opening date, exclusive of the
bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the
appropriate department as evidence that the City received the documentation.
20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by
the City Council before execution, the successful bidder is required to complete the Certificate of
Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the
solicitation before the purchase/contract will be presented to the City Council. The form may be
completed at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.
21.0 PROTEST PROCEDURE
21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the
bid award if they believe that there has been any impropriety or unfair criteria in the process.
21.2 The Vendor must submit any protest in writing to the Purchasing Manager within 14 days after the
Vendor knows, or should have known, of the facts relating to the proposed action or award.
21.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing
action through telephone discussions, mail, e-mail or in person meetings with the protesting
Vendor.
21.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in
writing, state the reasons for the action taken and inform the protesting Vendor of the right to
review by a panel made up of City staff.
21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the
operating department, the Purchasing Manager and any other appropriate personnel or
employees of the operating department.
21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the
Vendor does not agree, the protesting Vendor will be invited to attend the City Council meeting at
which the recommended award is to be presented to the City Council and make known his/her
concerns. The protesting Vendor will be instructed to arrive prior to the start of the City Council
meeting and complete a card requesting to speak concerning the particular Mayor and Council
Communication document (M&C) in question.
21.6.1 Vendors wishing to speak before the City Council should review the rules for registering
to appear before City Council located at:
http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City’s website.
22.0 COOPERATIVE PURCHASING
22.1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in
their proposals whether they agree that all terms, conditions, specification, and pricing would
apply.
22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the
following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth
shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded
ITB 22-0017 Heavy Duty Repair and Services
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as a result of this solicitation. All purchases by governmental entities other than the City of Fort
Worth shall be billed directly to that governmental entity and paid by that governmental entity.
The City of Fort Worth shall not be responsible for another governmental entity’s debts. Each
governmental entity shall order its own material/services as needed.
23.0 RIGHT TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
If the Federal award meets the definition of “funding eCFR — Code of Federal Regulations agreement”
under 37 CFR §401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the recipient or sub
recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency.
24.0 DEBARMENT AND SUSPENSION
Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to
parties listed on the government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
25.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
26.0 BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
26.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the non-Federal award.
26.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their bid, if
the bid exceeds $100,000.00.
27.0 PROHBITION ON BOYCOTTING ENERGY COMPANIES
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and “company” have
ITB 22-0017 Heavy Duty Repair and Services
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the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts
2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature
provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will
not boycott energy companies during the term of this Agreement.
28.0 PROHBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a
contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the City with a company with 10 or more full-time employees unless the contract contains
a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,”
“firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor:
(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
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PART - 2
DETAILED SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to finalize annual agreements with multiple vendors for
repair services for City-owned heavy duty vehicles, lawn, and marine equipment and to establish
an Annual Agreement to provide Original Equipment Manufacturer (OEM) Authorized Service and
Independent Service Facilities Agreement for the Property Management Department (PMD) as
specified in this Invitation to Bid (ITB.)
1.2 The successful bidder(s), known hereafter as “Contractors”/”Contractors,” will be responsible for
perform heavy duty vehicle repairs and services for approximately 3,000 on road and 1,600 of-
road vehicles and equipment.
1.3 The Term of the agreement shall begin on the date stated in the contract (“Effective Date) and
shall expire one year from the effective date, unless terminated earlier in accordance with the
provisions of this Agreement. This agreement may be renewed under the same terms and
conditions for four (4) additional one-year periods, unless the Contractor provides the other party
with notice of non-renewal at least 60 days before the expiration of the initial term or renewal
period.
1.4 The Property Management Department (PMD) shall utilize this Agreement for service, repair,
maintain and purchase of parts for a variety of heavy duty vehicles, lawn, and marine equipment
and for a variety of manufacturers in the City fleet on an as needed basis.
1.5 Following the award additional services of the same general category that could have been
encompassed in the award of this Agreement, and that are not already on the Agreement, may
be added based on the discount bid and price sheet provided with the bid.
1.6 Unit prices shall include all costs associated with the specified work, including but not limited to
handling, delivery, fuel charges, fees and certifications fees. No additional charges will be
accepted or paid by the City.
1.7 All items supplied resulting from this bid shall be of recent production, unused, and suitable for
their intended purpose.
1.8 The submission of a bid by the bidder shall be considered evidence of compliance with these
requirements.
2.0 TENTATIVE SCHEDULE OF EVENTS
TASK DATE
ITB Release Date December 15, 2021
Pre-Bid Conference December 23, 2021 3:00 PM
Deadline for Questions December 27, 2021 at 5PM
(Local Time)
Answers Posted December 31, 2021
ITB Responses Due Date AT 1:30 p.m. (Local
Time)
January 6, 2022
ITB 22-0017 Heavy Duty Repair and Services
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Recommended Vendor Selection January 2022
Mayor and Council Consideration February 2022
Contract Execution March 2022
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The Vendor shall notify the City’s Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of the company or authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change, copy of
the board of director’s resolution approving the action, or an executed merger or acquisition agreement.
Failure to do so may adversely impact future invoice payments.
4.0 METHOD OF AWARD
4.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the
best value to the City. A responsible bidder is defined as a bidder that submits a completed bid
package within the stated deadline and in accordance with the bid specifications.
4.2 Bids that do not receive 50% or more of the total available points, excluding the points for price,
will be deemed non-responsive.
4.3 The following criteria will be used to determine the best value:
4.3.1 Cost of service – up to 50 points.
4.3.2 Availability of resources to perform services, with qualified personnel per section 5.0 – up
to 20 points.
4.3.3 Contractor’s qualification and certification per section 6.0 – up to 10 points.
4.3.4 Experience working with government/similar size organization – up to 10 points.
4.3.5 Ability to meet the Business Equity goal of 23%– up to 10 points.
4.4 In order for the City to receive adequate coverage on its requirements as specified in the
solicitation, the City reserves the right to make multiple awards.
4.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to
make an award on the basis of individual item, combination of items, or overall bid, as it is
deemed in the best interest of the City. The City also reserves the right to reject the bid of a
bidder who has previously failed to perform properly or complete on time agreements of a similar
nature.
4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance
record of bidder with the City itself, another municipal corporation of like size, or priv ate
corporations during the past two-year period. Such precautions are deemed to be in the public
interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can
create emergency situations and impose unnecessary hardship on both the City as a municipal
corporation and the public at large.
4.7 The evaluation factors listed above will be applied in a comparative manner to all eligible,
responsive bids. Award may be made without discussion with Bidders after bids are received.
Bids should, therefore, be submitted on the most favorable terms.
4.8 Consideration of Location of Bidder’s Principal Place of Business, Attachment B, if applicable ;
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4.8.1 If Attachment B. Local Preference is completed by any bidder the City will review t he
Attachment to determine whether local preference will apply to the award.
4.9 The City also reserves the right to reject the bid of a bidder who has previously failed to perform
properly or complete on time agreements of a similar nature.
5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED
5.1 The Contractor shall:
5.1.1 Have a minimum of 2 (two) years of experience conducting services similar or related to
the Scope of Services.
5.1.2 Have and operate a full-time, permanent business address with the ability to be reached
by email and telephone.
5.1.3 Documentation and certifications necessary to perform work on City vehicles and
equipment. This includes all certifications, such as the National Institute for Automotive
Service Excellence (ASE) or Manufacturer required training, which qualifies the vendor to
perform said work.
6.0 CONTRACTOR RESPONSIBILTIES
6.1 Contractors shall provide pricing on parts and labor for the services and a list of brands provided
on the attached Bid Solicitation pages of this ITB.
6.2 Contractor shall provide unit prices for listed items. Unit prices shall include all associated costs
unless specified in Proposals Solicitation Page, not limited to delivery, fuel and handling charges.
No additional charges will be accepted or paid by the City.
6.2.1 The City will ensure that vehicles will have a minimum of a quarter (1/4)
tank of fuel when dropped off for service.
6.3 Contractors may charge an hourly non-warranty labor rate per service, a cost plus (+) for parts, a
diagnostic fee (detailed out), and any applicable transportation fees, if any. There are no
guarantees the City will accept or held financially or liable for costs outside of labor and materials/
parts if the submitted pricing is deemed excessive by the evaluation panel.
6.4 Contractors shall furnish provide documentation on their personnel authorized to perform work on
City vehicles and equipment. This includes all certifications, such as the National Institute for
Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the
vendor to perform said work. All licenses, permits, insurance and any other documentation that is
required by local, state and/or federal agencies are to be maintained during the term of this
contract.
6.5 Contractors shall be authorized to diagnose, repair and service vehicles and equipment for the
City of Fort Worth’s (the “City”) Heavy duty fleet.
6.6 Contractors shall perform work using the most up to date and appropriate methods available for
said work under industry standards. This includes, but is not limited to, all suitable repair
equipment and parts to insure the satisfactory execution of any repair or installation.
6.7 Contractors shall respond and supply requested materials or services required during regular
business hours within the response time (DELIVERY) from receipt of request in the proposals
solicitation page or less including shipment by mutual agreement form the time original request
is made.
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6.8 Contractors shall provide the City priority service, as many City vehicles are utilized for public
safety and emergency response. Expeditious turn-around is critical to City operations. Additional
fees for priority services are prohibited.
7.0 HOURS
7.1 Contractors shall respond to a work order within 24 hours of notification.
7.2 Contractors shall deliver completed vehicles to the Fleet Service Center, Monday through Friday
between 7:30 a.m.– 9:30 p.m. unless expressly authorized by the Fleet Service Center
Supervisor(s) or their designee. Any deviation from this timeframe shall require written approval
from the Fleet Service Center Supervisor(s) or their designee.
8.0 AFTER HOURS
8.1 After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am, holidays and
weekends.
9.0 PARTS
9.1 All parts utilized in repairs, replacements or installations on City vehicles and equipment must be
new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts
can be considered but must be approved in writing by City PMD Fleet personnel prior to being
utilized by a vendor.
9.2 Vendor shall warranty and/or guarantee all work and products supplied under this Agreement
against any defects in design, workmanship, materials and failure to operate satisfactorily. Each
product shall be constructed to the highest industry standards. Products manufactured of poor
workmanship will not be accepted.
9.3 The City reserves the right to supply parts as the City determines is necessary.
9.4 Vendor may charge a cost plus (+) for parts. The cost should be available for review by the City
as requested. There are no guarantees the City will accept or held financially or liable for costs
outside of labor and materials/ parts if the submitted pricing is deemed excessive by the
evaluation panel.
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10.0 INVENTORY OF ASSETS
10.1 Assets that may need repairs and services but are not limited to, the inventory listed below:
Up to 3,000 on-road and 1,600 off -road vehicles and equipment including, but not
limited to:
Types of
Equipment
Manufacturers
Fire Trucks
Dump Trucks
Heavy-Duty
Trailers
Bucket Trucks
Off Road
Equipment
Transfer
Trucks
Motor Homes
Fuel Trucks
Water Tankers
Container
Trucks
Sewer
Equipment
and other
related types of
equipment over
1 ton
Allison
Altec
Artic Cat
Aquatech
Bendix
Big Tex
BMW
Champion
Chevy
Cummins
Custom- Chris Trim
Custom- Lawhon
Custom- Tommy Gate
Custom- Youngs
Delta Rigging
Detroit
Dodge
Doosan
Duetz
Eaton
E-One
Ford
Freightliner
Honda
Hyundai
International
Interstate Trailers
Isuzu
JCB
Jeep
JLG
John Deere – Green (AG)
Kawaski
Kenworth
Kobelco
KTM
Kubota
Mack
M&D
Mazda
Mercedes/ Sprinter
Meritor
Metro
Mitsubishi
Muncie
National Crane
New Holland
Nissan
Onan Generators
Peterbilt
Pierce – Fire Apparatus
Pioneer
Pipehunter/ Jeteye
Progard
ROM Corp
Rosenbauer
Spartan
Spitzlift
Sterling
Tennant
Terex
Texas Steer
Toyota
Tracker
Twister
Vac-Con
Vactor
Verneer
Versalift
Volvo
WABCO
Wacker
Whelen
Yamaha
Zodiac
and other related
manufacturers over 1 ton
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11.0 ESTIMATES
11.1 Vendor shall be required to provide written or electronically produced estimates to PMD Fleet
personnel before the start of any work. The estimates must be emailed to the PMD Fleet
employee(s) and/or PMD Fleet facility location who requested the services to be completed.
11.2 Estimates shall be approved and authorized by PMD Fleet personnel in writing via email prior to
work being performed. Verbal approvals should not be considered.
11.2.1 Fleet shall create necessary work order for tracking.
11.2.2 Vendor shall be notified, via email, of repairs needed and/or diagnosis from Fleet.
11.2.3 Vendor shall identify the repair direction and shall email an estimate with specific details
of the repairs needed regardless of warranty or non-warranty.
11.2.4 Warranty and billable repairs shall be on separate estimate(s) and invoicing in ALL
cases.
11.2.5 Fleet shall document the approval and shall update the work order detailing all
communications and repairs with denial or approval information.
11.2.6 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs are NOT to
be performed until a purchase order has been issued in writing from PMD Fleet Division.
This ensures proper tracking and documentation are in place for the Vendor and the City.
11.3 Final submitted invoices submitted to the City for work performed should always match the final
estimate received by the City. All revised estimates must be approved in writing prior to billing.
11.4 If City vehicle or equipment is serviced by a Vendor for warranty work, an estimate provided by
the Vendor to the City shall state ‘Warranty Service’.
11.5 All estimates provided by vendors will be quoted on a ‘time and materials’ basis, adherence to the
agreed upon contract rate(s) and itemized to illustrate the cost of each of the following, if
applicable to the service or work performed:
11.5.1 Estimates shall include number of and cost of part(s) to be installed.
11.5.2 Estimates shall include cost of labor to perform repair and/or installation; itemized by
number of labor hours per labor line.
11.5.3 Estimates shall include itemized inspection/diagnostic fees.
11.5.4 Transportation fees, if any, for pick-up or delivery.
11.5.5 Miscellaneous shop fees will not be allowed. This should be considered when bidding
applicable costs in the other time and materials categories.
11.5.6 Travel charges for mobile services can be considered and should be itemized. Standard
flat fee will not be considered.
11.6 Fleet shall create necessary work orders for tracking.
11.7 Contractor shall be notified, via email, of repairs needed and/or diagnosis from PMD Fleet.
11.8 All estimates provided by Vendors will be quoted on a ‘time and parts’ basis, adherence to the
agreed upon contract rates and itemized to illustrate the cost of each of the following, if applicable
to the service or work performed: cost of part(s) to be installed, cost of labor to perform repair
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and/or installation, inspection, diagnostic fees; itemized by labor hours except when estimated as
a turnkey project/job.
11.9 Vendor shall identify the repair direction and shall email an estimate with specific details of the
repairs needed regardless of warranty or non-warranty.
11.10 Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases.
11.11 PMD Fleet shall document the approval and shall update the work order detailing all
communications and repairs with denial or approval information.
11.12 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs with a cost
associated to the City are NOT to be performed until a purchase order has been issued in writing
from PMD Fleet. This ensures proper tracking and documentation are in place for the Vendor and
the City.
11.13 Vendors shall send confirmation and a cost estimate to the Fleet Service Center Supervisor(s) or
designee within 24 hours of receiving a list of equipment for inspection and testing.
11.14 Fleet Service Center Supervisors or designee will provide written authorization to proceed
with the inspection and testing after evaluating the estimate. Vendors are not authorized to
proceed with inspection, testing based on verbal authorizations and assumes all liability and
responsibility for inspection, and testing performed based on such verbal authorizations.
11.15 Vendors will be required to provide written estimates to Fleet Service Center Supervisors
or designee personnel before the start of any work. The estimates may be emailed to the
Fleet Service Center Supervisors or designee who requested the services to be completed.
11.16 Estimates must be approved and authorized by City Fleet Service Center Supervisors or
designee personnel in writing (email, fax or written) prior to work being performed. Original
invoices submitted to the City for work performed cannot be greater than initial estimate
provided unless approved by Fleet Service Center Supervisors or designee in writing.
11.16 If during the course of the originally estimated repairs, it is noted that further repairs will be
needed, a revised estimate must be prepared by Vendors for the additional work.
11.17 Estimates provided by vendors shall state ‘Warranty Service’ if City vehicles or equipment will be
serviced for warranty work.
12.0 INVOICING REQUIREMENTS
12.1 The City of Fort Worth has begun implementing an automated invoicing system.
12.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department
invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not monitored
so please do not send correspondence to this email address. The sole purpose of the supplier
invoices email address is to receipt and process supplier invoices.
12.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and
PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234)
12.4 To ensure the system can successfully process your invoice in an expedient manner, please
adhere to the following requirements:
All invoices must be either a PDF or TIFF format.
Image quality must be at least 300 DPI (dots per inch).
Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
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One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable
but each invoice must be a separate attachment.
Please do not send handwritten invoices or invoices that contain handwritten notes.
Dot matrix invoice format is not accepted.
The invoice must contain the following information:
Supplier Name and Address;
Remit to Supplier Name and Address, if different;
Applicable City Department business unit# (i.e. FW013)
Complete City of Fort Worth PO number (i.e. the PO number must contain all
preceding zeros);
Invoice number;
Invoice date; and
12.5 Invoices should be submitted after delivery of the goods or services.
12.6 To prevent invoice processing delays, please do not send invoices by mail and email and please
do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov.
To check on the status of an invoice, please contact the City Department ordering the
goods/services or the Central Accounts Payable Department by email at:
ZZ_FIN_AccountsPayable@fortworthtexas.gov.
12.7 If you are unable to send your invoice as outlined above at this time, please send your invoice to
our centralized Accounts Payable department instead of directly to the individual city department.
This will allow the city staff to digitize the invoice for faster processing.
12.8 If electronic invoicing is not possible, you may send your paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
12.9 The City’s goal is to receive 100% of invoices electronically so that all supplier payments are
processed efficiently. To achieve this goal, we need the Contractor’s support.
12.10 If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or
by email to ZZ_FIN_AccountsPayable@fortworthtexas.gov.
12.11 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax
exemption certificate upon Vendor’s request.
13.0 HAZARDOUS CONDITIONS
The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City
property.
14.0 UNIT PRICE ADJUSTMENT
14.1 The unit prices may be adjusted for increases or decreases in Vendor’s cost during the renewal
period but before the effective date of the renewal upon written request from the Vendor.
14.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the
renewal effective period. The Vendor shall provide written proof of cost increases with price
adjustment request.
14.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves the
right to adjust the rate request, or reject the rate request in its entirety and allow the contract to
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expire at the end of the contract term. If the City elects not to exercise the renewal option, the
Purchasing Division will issue a new solicitation.
14.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
14.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors i n
extensions or totals, the unit prices offered will govern.
14.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the
terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid
an agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at the
prior agreement rate(s). Vendor shall remain obligated to the City under all clauses of this
Agreement that expressly or by their nature extends beyond and survives the expiration or
termination of this Agreement.
14.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice
to the City.
15.0 LAWS, REGULATIONS, AND ORDINANCES
The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws,
ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and
regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal,
State, County, and City Agencies, Administrations and Commissions such as the Environmental
Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas
Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes
effective after the start of this Agreement, the Vendor is required to comply with new policy. Any
mandates requiring the City to comply with new guidelines will also require the Vendor to comply.
16.0 PERFORMANCE
Failure of the City to insist in any one or more instances upon performance of any of the terms and
conditions of this Agreement shall not be construed as a waiver or relinquishment of the future
performance of any terms and conditions, but the Vendor's obligation with respect to such performance
shall continue in full force and effect.
17.0 COMPLAINTS
17.1 Complaints processed through the City Purchasing Division are to be corrected within fourteen
(14) days of formal notice of complaint. Written response to the Purchasing Division is required.
17.2 Failure to properly resolve complaints within the fourteen (14) calendar day time period may
result in the cancellation of the applicable line item(s) in the price agreement.
18.0 SUBCONTRACTING
No subcontracting of the work under this purchase will be allowed without written permission from the
City.
19.0 CONTRACT ADMINISTRATION
19.1 Contract administration will be performed by the City Department. In the event the Vendor fails to
perform according to the terms of the agreement, The Department head or his/her designee will
notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor’s
deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure
any deficiency.
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19.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly
notify the Purchasing Manager who will take appropriate action to cure the performance
problem(s), which could include cancellation, termination for convenience or default. If the
agreement is terminated for default, the Vendor may be held liable for excess cost.
19.3 The Vendor will be paid only those sums due and owing under the agreement for services
satisfactorily rendered.
19.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Vendor shall immediately stop all work
hereunder and shall immediately cause any and all of its suppliers and subVendors to cease
work. Subject to the terms of this agreement, the Vendor shall be paid a percentage of the
agreement price reflecting the percentage of the work performed prior to the notice of termination,
plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its
standard record keeping system, have resulted from the termination. However, in no event shall
the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be
reimbursed for any profits which may have been anticipated, but which have not been earned up
to the date of termination.
20.0 BUSINESS EQUITY GOAL
20.1 The City of Fort Worth implemented the Business Equity Ordinance (BEO) to reflect the City's
availability and disparity study findings. All proposers shall note that it is the policy of the City to
ensure the full and equitable participation of Business Equity Firms in the procurement of services
$100,000.00 or more. This Request for Qualifications requires proposers to plan how it will
include only MBE or WBE Business Equity Firms to meet a Business Equity goal.
20.2 The Business Equity goal is 23%.
20.3 The information to meet the goal shall be submitted with the proposal on the Business Equity
Utilization form and include:
The company name, address, point of contact, email address, office and fax/telephone
numbers of the Business Equity firms;
A detailed description of the work to be performed or supplied by each Business Equity firm;
The tier level, i.e., 1st, 2nd, 3rd, etc. (if other than 1st tier, the plan must clearly identify the
firm name and tier from whom the Business Equity firm will be receiving payment)
Associated NAICS code for each company
The sub-contract anticipated value for each Business Equity firm;
State the Business Equity percentage level of commitment achieved; and
Provide the same identification information for all non-Business Equity firms
Letter of Intent will be required only for the Prime Vendor submits a good faith effort.
The sub-contract anticipated value for each Business Equity firm;
20.4 It is important to note that only Business Equity firms that perform a commercially useful function
may count towards the 5%.Business Equity goal.
20.5 A Certified MBE or WBE Business Equity Prime Contractor can count it's self-performance
services towards meeting the Business Equity Goal for the assigned NAICS commodity codes on
their current MBE or WBE certification. This means Business Equity Prime Contractors can only
count the percentage of work associated with their assigned NAICS codes. If the Business Equity
Prime Contractor cannot self -perform all of the work, including producing needed supplies it will
be held accountable for subcontracting with other current certified Business Equity firms to meet
the overall goal.
20.6 Example – A certified MBE or WBE concrete contractor, who only lays down concrete and does
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not produce concrete wholesale, cannot claim 100% self-performance to meet a Business Equity
goal. To meet the goal the certified MBE or WBE contractor must hire another certified MBE or
WBE subcontractor, with an assigned concrete supplier NAICS code, to supply the materials.
20.7 Furthermore, proposers may obtain a request for listing of certified firms from the City of Fort
Worth’s Business Equity Division https://www.fortworthtexas.gov/files/assets/public/diversity-
inclusion/documents/business-equity/request-for-listing-form-2021.pdf.
20.8 In its Utilization Plan, proposers' list of Business Equity Firms must be actively certified at the bid
award. The City of Fort Worth accepts certifications from the following third-party agencies: North
Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier
Development Council (D/FW MSDC), and the Women's Business Council Southwest (WBCS).
Participation can count towards the established goal. The certified firms must have a business
located in the City's six-county marketplace that includes the counties of Tarrant, Dallas, Denton,
Johnson, Parker, and Wise.
20.9 If a proposer forms a joint venture with one or more Business Equity Firms, the business equity
joint venture percentage will count towards the established goal. The Business Equity Joint
Venture form must be submitted for review and approval to apply towards the goal.
20.10 If Offeror failed to meet the stated Business Equity goal, in part or in whole, then a detailed
explanation must be submitted to demonstrate the Good Faith Efforts made to secure Business
Equity participation.
20.11 Failure to submit the Business Equity participation information or the detailed explanation of the
proposer’s Good Faith Efforts per ordinance 25165-10-2021 to meet or exceed the stated
Business Equity goal, may render the proposal non-responsive.
20.12 The Business Equity commitment will be part of the final weighted selection criteria.
The undersigned acknowledges the City’s MBE requirements as stated above, and if selected as
the most highly qualified Provider(s), will comply with the requirement to submit a utilization plan
during contract negotiations.
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ATTACHMENT - A
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts
or seeks to contract for the sale or purchase of property, goods, or services with a local governmental
entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ (“Questionnaire”) the
person’s affiliation or business relationship that might cause a conflict of interest with the local
governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later
than seven days after the date the person begins contract discussions or negotiations with the City, or
submits an application or response to a request for proposals or bids, correspondence, or another writing
related to a potential Agreement with the City. Updated Questionnaires must be filed in conformance with
Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also
available at http://www.ethics.state.tx.us/forms/CIQ.pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City, state Vendor name in the # 1, use N/A in each of the areas on the form.
However, a signature is required in the #4 box in all cases.
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ITB 22-0017 Heavy Duty Repair and Services
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ATTACHMENT – B
CONSIDERATION OF LOCATION OF BIDDER’S PRINCIPAL PLACE OF BUSINESS
Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids, to enter into a contract for certain purchases with a bidder whose
principal place of business is in the corporate limits of the City of Fort Worth and whose bid is
within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or
services requested, if the lowest bid is from a business outside the municipality and contracting
with the local bidder would provide the best combination of price and other economic benefits to
the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the
bid or request package.
The Fort Worth City Council requires the following information for consideration of location of a bidder’s
principal place of business. Add additional sheets if needed to provide this information.
1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas.
a. Do you have a Fort Worth office? If yes, identify address:
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? “Originating in Fort Worth” shall mean payable at the Fort Worth office. [must exceed
50%]
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees?
b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by
company (for prior tax year — Fort Worth office or former location, if Fort Worth office is newly-
established)?
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the
date hereof, under penalty of perjury.
(Company Name) (Date)
(Signature) (Printed Name and Title )
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ATTACHMENT – C
BIDDER’S CONTACT INFORMATION
Bidder’s Name: ________________________________________________________________
Bidder’s Local Address: _________________________________________________________
Phone: _____________________________ Fax: _____________________________
Email: ________________________________________________________________________
Name of person assigned specifically for this Agreement:
Name/Title____________________________________________________________________
Phone: ___________________________ Fax: ___________________________
Email:________________________________________________________________________
Name of persons for renewal information and/or billing questions:
Name/Title____________________________________________________________________
Phone: ___________________________ Fax: ___________________________
Email:________________________________________________________________________
Name/Title____________________________________________________________________
Phone: ___________________________ Fax: ___________________________
Email:________________________________________________________________________
___________________________ _________________________ ____________
Signature Printed Name Date
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ATTACHMENT - D
BIDDER’S QUALIFICATION QUESTIONNAIRE
1. Has the Vendor ever defaulted on a Contract?
2. Number of years in business under current company name: ____Years. Please note, it is
required to have a minimum of 2 years, otherwise, your submission will be deemed as non-
responsive.
a. List any former names your organization has operated under and
the timeframe:___________________________________________________________
________________________________________________________________
3. Is your company able to fulfill the response time listed in section 6.0 if not, why? Please note,
that it is required to have a minimum 24 hours response time. For the remainder of minimum
requirements, please refer to section 6.0
___________________________________________________________________________
___________________________________________________________________________
4. Is the Contractor able to provide certifications for their personnel, such as the National Institute
for Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the
Contractor to perform necessary for this ITB? Please note, we do require you to have an
Original Equipment Manufacturer’s (OEM) documentation. If you are unable to provide this
document, your submission will be deemed as non-responsive. In order to be considered, you
must be qualified.
5. What types of repairs from the item list can you perform? Please provide a list. If you are
unable to provide a repair, please state which one and why.
6. How many people will be on the service team to complete the requests and fulfil our needs?
______
7. Does the contractor have the ability to ramp up qualified personnel, resources and equipment
to meet the growing needs of the City? If not, why?
___________________________________________________________________________
___________________________________________________________________________
8. Please provide a detailed explanation of the methodology your firm will use approach to
completing repairs. (i.e. what is your process from the receipt of Purchase Order all the way to
completion). Also, please include descriptive details about how you will communicate, how will
you handle set-backs, what is your process for completing the work on time, if you discover
there will be a delay in service, how will you overcome this?
9. Does the service team hold any special certifications that further qualify you to perform the
requirements of this ITB. _______. If Yes, please list and provide copies of these certifications.
10. Please provide your work history performing these same services for other Cities or
governmental entities of the same size. (Attach Separate Sheet)
ITB 22-0017 Heavy Duty Repair and Services
Page 31 of 52
ATTACHMENT E
DRAFT SERVICE AGREEMENT
Draft Service Agreement is attached a separate document.
ITB 22-0017 Heavy Duty Repair and Services
Page 32 of 52
ATTACHMENT F
NO BID SHEET
(Please complete this form, only if, your firm has chosen not to submit a bid)
Ashley Kadva, Buyer II
Purchasing Division
Fax No. 817-392-8440
E-mail address: FMSPurchasingResponses@fortworthtexas.gov
If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to:
City of Fort Worth, Purchasing Division
200 Texas Street
Fort Worth, Texas 76102
{or fax to above address}
Please check the items that apply:
Do not sell the item(s) required.
Cannot be competitive.
Cannot meet the Specifications highlighted in the attached Bid.
Cannot provide Insurance required.
Cannot provide Bonding required.
Cannot comply with Indemnification requirements.
Job too large.
Job too small.
Do not wish to do business with the City.
Other reason.
________________________________________________________________
______________________________________________________________________
Company Name:
______________________________________________________________________
Authorized Officer or Agent Signature:
______________________________________________________________________
Telephone: (_____) _______________ FAX Number: (_____) ____________________
ITB 22-0017 Heavy Duty Repair and Services
Page 33 of 52
ATTACHMENT G
BUSINESS EQUITY UTILIZATION FORMS
Business Equity is attached a separate document.
ITB 22-0017 Heavy Duty Repair and Services
Page 34 of 52
ATTACHMENT H
LETTER OF INTENT
Letter of Intent is attached a separate document. This attachment must be completed only if the Prime
Vendor submits a good faith effort.
ITB 22-0017 Heavy Duty Repair and Services
Page 35 of 52
ATTACHMENT F - VENDOR SERVICES AGREEMENT
_____________________________________________________________________________
This VENDOR SERVICES AGREEMENT (“Agreement”) is made and entered into by and
between the CITY OF FORT WORTH (“City”), a Texas home rule municipal corporation, acting by and
through its duly authorized Assistant City Manager, and [LEGAL NAME OF THE PARTY] (“Vendor”),
a [STATE REGISTERED AND TYPE OF COMPANY] and acting by and through its duly authorized
representative, each individually referred to as a “party” and collectively referred to as the “parties.”
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A – Scope of Services;
3. Exhibit B – Price Schedule;
4. Exhibit C – City’s RFP No.__________
5. Exhibit D – Contractor’s Bid Response to City’s RFP No.________; and
6. Exhibit E – Verification of Signature Authority Form.
Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B,
C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of
this Agreement shall control.
1.Scope of Services. [SIMPLE DESCRIPTION OF SCOPE OF SERVICE] (“Services”),
which are set forth in more detail in Exhibit “A,” attached hereto and incorporated herein for all purposes..
2. Term. This Agreement begins on [MONTH DAY, YEAR] (“Effective Date”) and expires
on [MONTH DAY, YEAR] (“Expiration Date”), unless terminated earlier in accordance with this
Agreement (“Initial Term”). City will have the option, in its sole discretion, to renew this Agreement under
the same terms and conditions, for up to _______ (___) one-year renewal option(s) (each a “Renewal
Term”).
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit “B,” which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed ____________________ Dollars ($______.__).
Vendor will not perform any additional services or bill for expenses incurred for City not specified by this
Agreement unless City requests and approves in writing the additional costs for such services. City will not
be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves
such expenses in writing.
4. Termination.DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 36 of 52
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days’ written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City (“City Information”) as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6.Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents, DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 37 of 52
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION – Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City’s use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 38 of 52
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City’s interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City’s assumption of payment of costs or expenses will not
eliminate Vendor’s duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 39 of 52
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. “Any
vehicle” will be any vehicle owned, hired and non-owned.
(c) Worker’s Compensation:
Statutory limits according to the Texas Workers’ Compensation Act or any other
state workers’ compensation laws where the Services are being performed
Employers’ liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers’ compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days’ notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days’ notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 40 of 52
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor’s duties and obligations hereunder, it will not discriminate i n the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney’s Office at
same address
To VENDOR:
____________________, ____.
________ , Title
___________________
___________________
Facsimile: _______________
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer. DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 41 of 52
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor’s respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, “Force Majeure Event”). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party’s performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 42 of 52
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor’s
option, Vendor will either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR’S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, “Work Product”). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company Name or Ownership. Vendor must notify City’s Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments. DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 43 of 52
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel”
and “company” has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that, in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S.,
S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10
or more full-time employees unless the contract contains a written verification from the company that it:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries . Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity”
and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor’s signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, “electronic signature” means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement, including all attachments and exhibits, contains
the entire understanding and agreement between City and Vendor, their assigns and successors in interest,
as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with any provision of this Agreement. DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 44 of 52
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
By: ___________________________
Name: ________________________
Title: Assistant City Manager
Date: _____________, 20__
APPROVAL RECOMMENDED:
By: ______________________________
Name: ________________________
Title: ________________________
ATTEST:
By: ______________________________
Name: ________________________
Title: City Secretary
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
By: ______________________________
Name: ________________________
Title: ________________________
APPROVED AS TO FORM AND LEGALITY:
By: ______________________________
Name: ________________________
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: _________
Form 1295:______________
VENDOR:
___________________, ___
By:
Name: ________________________
Title: ________________________
Date: _____________, 20__
DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 45 of 52
EXHIBIT A
SCOPE OF SERVICES
__________________________.
DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 46 of 52
EXHIBIT B
PAYMENT SCHEDULE
__________________________.
DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 47 of 52
EXHIBIT D
VERIFICATION OF SIGNATURE AUTHORITY
_____________________________
_____________________________
_____________________________
Execution of this Signature Verification Form (“Form”) hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
1. Name:
Position:
_______________________________________
Signature
2. Name:
Position:
_______________________________________
Signature
3. Name:
Position:
_______________________________________
Signature
Name:
_______________________________________
Signature of President / CEO
Other Title: ______________________________
Date: ___________________________________
DRAFTITB 22-0017 Heavy Duty Repair and Services
Page 48 of 52
City of Fort Worth
Business Equity Utilization Form
Disadvantaged Business Enterprise Utilization Form (Applicable if Federally-Funded)
PRIME/OFFEROR/OWNER
COMPANY NAME:
BID DATE:
PROJECT NAME:
PROJECT NUMBER:City’s Business Equity Goal:
MBE WBE DBE HUB VOSB Section 3 Not Certified Check all applicable boxes to describe
Prime/Offeror/Owner's Classification:
Certifying Agency:NCTRCA D/FW MSDC TX DOT WBCS Other:
Ethnicity:African American Hispanic Native American Asian Caucasian Female
Definitions: Business Equity Firm: Certified MBE Minority Business Enterprise or WBE Women Business Enterprise DBE: Disadvantaged Business Enterprise
HUB: Historically Under Utilized Business VOSB: Veteran Owned Small Business Section 3: Certified Housing Urban Development Vendors
Gender:Male
%
Offeror’s Business Equity (or DBE)
Commitment:
ALL BUSINESS EQUITY FIRMS MUST BE CERTIFIED BEFORE CONTRACT AWARD
Failure to complete this form, in its entirety, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening
date, will result in the bid being considered non-responsive to bid specifications. Exception: CFA, ICA, and CDBG projects, documents will be submitted to the City Project Manager if
publicly bid or to the Developer if privately bid.
The undersigned Prime/Offeror agrees to enter into a formal agreement with the Business Equity firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the
City of Fort Worth (Exception: Developer projects). The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being
considered non-responsive to bid specifications.
Business Equity firms listed toward meeting the project goal must be located in the City's marketplace at the time of bid or the business has a Significant Business Presence in the
Marketplace. The marketplace is the City of Fort Worth including portions of Denton, Parker, Wise, and all of Tarrant, Dallas, and Johnson counties.
Certified means those firms, located within the Marketplace, that have been determined to be a bona-fide minority or women business enterprise by the North Central Texas
Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and Women's Business Council-Southwest (WBCS).
If hauling services are utilized, the Prime/Offeror will be given credit as long as the Business Equity firm listed owns and operates at least one fully licensed and operational truck to be
used on the contract. The Business Equity firms may lease trucks from another Business Equity firm, including Business Equity owner-operated, and receive full Business Equity
credit. The Business Equity firm may lease trucks from non-Business Equity firms, including owner-operated, but will only receive credit for the fees and commissions earned by the
Business Equity as outlined in the lease agreement. Note: For DBE Goals, 60% of the services count towards the goal. Please see below.
Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or
supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE
neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or
transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, the Prime/Offeror is responsible to identify the amounts to be used toward the
committed DBE goal.
Non-Binary
(Check if addressing DBE Goal)%
Effective 01/01/2021
Updated 06/28/2021
ATTACHMENT G
ITB 22-0017 Heavy Duty Repair and Services
Page 49 of 52
Please note that only certified Business Equity firms will be counted to meet the Business Equity goal. Prime/Offerors are required to identify ALL subcontractors/suppliers,
regardless of status; i.e., Business Equity firms and non-Business Equity firms. Prime/Offerors must identify by tier level all subcontractors/suppliers. Tier: means the level of
subcontracting below the Prime/Offeror i.e. a direct payment from the Prime/Offeror to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered
2nd tier. Business Equity firms are to be listed before non-Business Equity firms. The Prime/Offeror is responsible to provide proof of payment of all tiered sub-contractors/suppliers
identified as a Business Equity firm and counting those dollars towards meeting the contract committed goal.
Certified Business Equity Prime/Offeror Contractors counting their self-performance towards meeting the contract goal, must be certified within those NAICS commodity codes with a
certifying agency acceptable by the City of Fort Worth. Certified Business Equity Prime/Offeror counting self-performing services towards the goal, the service(s) to be performed
should be listed first on the Utilization form.
NAMES AND ADDRESSES OF
CONTRACTORS/SUPPLIERS
TYPE OF SERVICES/SUPPLIES
PROVIDED (NAICS Required)Specify Tier
Name 1st Tier Certification Agency Gender and Ethnicity:
Business Name:
Address:
Phone:
Email:
Contact Person:
Type of Service/Supplies:
$ AMOUNT:
Male Female Certified By:
NCTRCA
TXDOT
Type of Service/Supplies:
$ AMOUNT:
Certified By:
NCTRCA
TXDOT
Type of Service/Supplies:
$ AMOUNT:
Certified By:
NCTRCA
TXDOT
$ AMOUNT:
Certified By:
NCTRCA TxDOT
African American
WBCS
D/FW MSDC
WBCS
DFW MSDC
Male Female
Male Female
WBCS
DFW MSDC
African American
African American
Business Equity Utilization Form
Non-Binary
Other:
Hispanic
Native
American
Asian
Caucasian
Business Name:
Address:
Phone:
Email:
Contact Person:
Business Name:
Address:
Phone:
Email:
Contact Person:
Other:
Other:
Asian
Caucasian
Hispanic
Asian
Caucasian
Hispanic
Native
American
Native
American
Non-Binary
Non-Binary
Effective 01/01/2021
Updated 06/28/2021
NAICS Code:
NAICS Code:
NAICS Code:
Check this box if certified Prime Contractor services will be counting towards the Business Equity contracting goal. Please list services first below.
Please list certified Business Equity firm names as listed on their certification, including DBA names.
ITB 22-0017 Heavy Duty Repair and Services
Page 50 of 52
Business Equity Utilization Form
Please include multiple copies of this page if needed to list all contractors and suppliers.
NAMES AND ADDRESSES OF
CONTRACTORS/SUPPLIERS
TYPE OF SERVICES/SUPPLIES
PROVIDED (NAICS Required)Specify Tier
Name 1st Tier Certification Agency Gender and Ethnicity:
Business Name:
Address:
Phone:
Email:
Contact Person:
Type of Service/Supplies:
$ AMOUNT:
Male Female Certified By:
Type of Service/Supplies:
$ AMOUNT:
Certified By:
Type of Service/Supplies:
$ AMOUNT:
Certified By:
WBCS
WBCS
Male Female
Male Female
WBCS
Non-Binary
D/FW MSDC
NCTRCA
TXDOT
Other:
Hispanic
Native
American
African American
Asian
Caucasian
Business Name:
Address:
Phone:
Email:
Contact Person:
Business Name:
Address:
Phone:
Email:
Contact Person:
DFW MSDC
NCTRCA
TXDOT
Other:
DFW MSDC
NCTRCA
TXDOT
Other:
African American
Asian
Caucasian
Hispanic
African American
Asian
Caucasian
Hispanic
Native
American
Native
American
Non-Binary
Non-Binary
Type of Service/Supplies:
$ AMOUNT:
Certified By: Male Female
WBCS
Business Name:
Address:
Phone:
Email:
Contact Person:
DFW MSDC
NCTRCA
TXDOT
Other:
African American
Asian
Caucasian
Hispanic
Native
American
Non-Binary
NAICS Code:
NAICS Code:
NAICS Code:
NAICS Code:
Effective 01/01/2021
Updated 06/28/2021
ITB 22-0017 Heavy Duty Repair and Services
Page 51 of 52
Business Equity Utilization Form
______________________________________________
Printed Signature
______________________________________________
Contact Name and Title (if different)
______________________________________________
Phone Number
______________________________________________
Email Address
______________________________________________
Date
Authorized Signature
____________________________________________________
Title
____________________________________________________
Company Name
____________________________________________________
Address
____________________________________________________
City/State/Zip Code
Total Dollar Amount of Certified Prime/Offeror Services towards contract goal $
Total Dollar Amount of Business Equity (or DBE if applicable) Subcontractors/Suppliers $
Total Dollar Amount of Non-Business Equity Subcontractors/Suppliers $
TOTAL DOLLAR AMOUNT OF CERTIFIED PRIME/ALL SUBCONTRACTORS/SUPPLIERS $
The Prime/Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Business Equity Division
through the submittal of a Request for Approval of Change/Addition online. Any unjustified change or deletion shall be a material breach of
contract and may result in debarment in accord with the procedures outlined in the ordinance. The Prime/Offeror shall submit a detailed explanation of
how the requested change/addition or deletion will affect the committed Business Equity goal. If the detail explanation is not submitted, it will affect
the final compliance determination.
By affixing a signature to this form, the Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information
regarding actual work performed by all subcontractors, including non-Business Equity firms. The Prime/Offeror also agrees to allow an audit and/or
examination of any books, records and files held by their company. The Prime/Offeror agrees to allow the transmission of interviews with owners,
principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work
performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. A Prime/Offerer who intentionally and/or
knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years.
Department of Diversity and Inclusion - Business Equity Division
Email: DVIN_BEOffice@fortworthtexas.gov
Ph: 817-392-2674
Effective 01/01/2021
Updated 06/28/2021
ITB 22-0017 Heavy Duty Repair and Services
Page 52 of 52
Professional Services Agreement Page 25 of 26
Zimmerer Kubota & Equipment, Inc.
EXHIBIT D
VENDOR’S BID RESPONSE TO CITY’S RFP No. 22-0017
(Vendor’s Bid Response to City’s RFP No. 22-0017, Pages follow)
FORT WORTH,F,
_��
COVER PAGE
�ventlD Page
CFWO1-22-0017 1
Event Round Version
1 1
Event Name
IITB Fiea Dut Re air and Service
Start Time Finish Time
12 15 2021 08:00:00 CST O1 06 2022 13:30:00 CST
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (�ower Level, South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth (City) seeks bids to finalize an annual agreement with multiple vendors for repair
services for City owned heavy duty vehicles and equipment and to establish an Annual Agreement to provide
Original Equipment Manufacturer (OEM) Authorized Service Facilities for the Property Management
Department (PMD) on an as needed as specified in this Invitation to Bid (ITB.)
Terms 8� Conditions
All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the
PeopleSoft Supplier Portal. Please visit
https:!/www.fortworthtexas.gov/departments/finance/purchasing/register for more information.
Assigned Buyer: Ashley Kadva
There will be a pre-proposal conference held on December 23, 2021 at 2:00 PM
Location: City Hall
200 Texas St
Room 380, 3rd Floor Fort Worth, Texas 76102
Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this
solicitation. Completed Bids including one executed onginal and one USB flash drive containing electronic
versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., December 16, 2021, and
then publicly opened and read aloud at 2:00 P.M_ in the Council Chambers. Bids must be submitted in a sealed
envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR
BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE
CONSIDERED. Bids shall be mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102
Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the
outside of the courier's shipping envelope "BID No. 22-0017, ITB - Heavy Duty Repair and Service" AND MUST BE
RECEIVED BY THE
PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.
Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid.
Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn
after the o�cial opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon
which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in
this document. The period for acceptance of this bid will be 120 calendar days after the bid opening date.
Solicitation Documents:
1.) Cover Page
2.) Bid Submission Signature Page**
3.) Bid Solicitation"*
4.) Part 1 - Instructions
5.) Part 2 Scope of Services/Specifications
6.) Attachment A- Conflict of Interest Disclosure Requirement"*
7.) Attachment B- Vendor's Contact Information
8.) Attachment C- Consideration of Location of Bidder's Principal
8.) Attacnment D- Reference Sheet
9.) Attachment E- Detailed Scope of Services
Place of Business"*( if applicable)
9.) Attachment F- Draft Services Agreement, attached as a separate document
�"Required to be completed and submitted_ See Section 14.2, Part 1 for all required documents that need to be
submitted. Failure to submit all items will be grounds for rejection of a bid as non-responsive to the specifications.
ITB 22-0017 Heavy Duty Repair and Services
Page 1 of 52
FORT WORTH,>
BID SUBMISSION SIGNATURE PAGE
EventiD Pa9e
CFWOl-22-0017 Z
Event Round Version
1 1
Event Name
ITB Hea Dut Re air and Service
Start Time Finish Time
�12/15/2021 08:00:00 CST Ol/06/2022 13:30:00 CST
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIA� MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas_gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by
submitting and signing below, acknowledges that he/she has received and read the entire document packet
sections defined above induding all documents incorporated by reference, and agrees to be bound by the terms
therein.
Legal Company Name: �� B Y ' ��� �C� ��� � t�c�p �t � ��'"� �3` ' �� ���
i /�/�1 �% �g�, e
Company Address: � 1 �� � Y ' ��� t � t *'-""" `�
City, State, Zip: 't� �/ r� �r�1 r.Pi K�����
Vendor Registration No. ( � � f � �
Printed Name of Officer or At
Title:
c� o ��� ot�c� �e
�e:�i C2�'Vl�-�"i�G�
C'lSj 1 vcf"C�. � �'
' � � ��� ��,,(---
Signature Offi or Authorized Representative: J
Date: , ��� � ��
Email Address: J�� G`������G` 5��-F�-� v►�- �' • c� L�(�
Phone Number: � ��" � � �� �'�J
Federal Identification Number (FID): C �� ���0� �� �
Will agreement be available for Cooperative Agreement use? Yes�o _
ITB 22-0017 Heavy Duty Repair and Services
Page 2 of 52
FORT WORTH.o
BID SOLICITATION
EventlD Pa9e
CFWOl-22-0017 3
Event Round Version
1 1
Event Name
ITB AeavY Duty ReAair and Service
iStart Time Finish Time
�_12 15 2021 08:00:00 CST 01 06 2022 13:30:�0 CST
Invited: PUB�IC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Description- Qtv Unit UnitPrice Totai
Diagnostic/Evaluation Fee 1000.00 EA
(�S'� �t���
Line: 2
Description: Qtv Unit UnitPrice Total
Shop Hourly Rate, Mon-Fri 7:00 am -9:30 pm 4000.00 HR
� 1 ��:� �' � �
Line: 3
Description• Qtv Unit UnitPrice Total
Hourly Field Rate, Mon-Fri 7:00 am -9:30 pm 4000.00 HR
�)�.� (�i2c� o
Line: 4
Description• Qtv Unit UnitPrice Total
Transportation Fee (Pick-up & Delivery 200.00 EA
Inclusive) If applicable, Round Trip r� ��� � ��
L �-- r
Line: 5
Description: Qtv Unit UnitPrice Total
Drivetrain and Transmission Repairs
Drivetrain (Clutch Assembly, Flywheel, etc} 1000.00 HR
Non-Warranty hourly labor rate (1 Ton & Over, ���,C v� �/%j� �(�
Including Specialty & Off Road Equipment) J `��
Line: 6
Description• Qty Unit UnitPrice Total
Transmission (Main, Transfer Case, Chain and
Final Drives) Non-Warranty hourly labor rate 1000.00 HR
(1 Ton 8� Over, Including Specialty & Off-Road � j�-F�- � 1 j'��/Y t I
Equipment) "�� �
Line: 7
Description• Qtv Unit UnitPrice Total
Engine Repairs Engine Analysis Non-Warranty 1000.00 HR
hourl labor rate 1 Ton 8� Over, Includin � C: � �/��j
Specalty 8� Off-Road Equipment) g I ���� G —" �
Line: 8
Description- QtV Unit UnitPrice Total
Electrical (Alternator/Generator, Battery,
Ignition, Lights, etc) Non-Warranty hourly 900.00 HR
labor rate (1 Ton & Over; Including Specialty g!/�� � �� �
& Off-Road Equipment) � L� �
ITB 22-0017 Heavy Duty Repair and Services
Page 3 of 52
FORT WORTH,�,
BID SOLICITATION
EventiD Page
CFWO1-22-0017 4
Event Round Version
1 1
Event Name �
ITB Aea Dut Re air and Service
Start Time Finish Time
12 15 2021 08:00:00 CST Ol 06 2022 13:30:00 CST
Invited: PUB�IC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower �evel, South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 9
Description• Qtv Unit UnitPrice Total
Power Plant (Engine, Beits, Heads, Intake,
Rebuiiding, etc.) Non-Warranty hourly labor 800.00 HR
rate (1 Ton 8� Over, including Specialty & ,� C9� '`��'�d.�- (��
Off-Road Equipment) r
Line: 10
Description• QtY Unit UnitPrice Total
Exhaust and Emissions Repairs to include DPF
and SCR Cleaning - Exhaust System Maintenance
and Repair Non-Warranty hourly labor rate (1 800.00 HR
Ton & Over, i�cluding Specialty & Off-Road � �/_ (�,"� `� �/�
Equipment) �
Line: 11
Description� Qtv Unit UnitPrice Total
Fuel System Maintenance and Repair 600.00 HR
Non-Warranty hourly labor rate (1 Ton 8� Over, /�(' (� ��
Including Specialty 8 Off-Road Equipment) � J
Line: '12
DeSCri tiOn: Qt Unit UnitPrice Total _
General Vehicle Repair (Spring, Misc.)
Automobile and Other Passenger Vehicles
Maintenance (Not Othervvise Classified) 2000.Q0 HR
Non-Warranty hourly labor rate (1 Ton 8� Over; �o�C. C:� '� 2�(; (�o
Including Specialty & Off-Road Equipment)
Line: 13
Description• Qtv Unit UnitPrice Total
Customizing Services, Vehicle (Including
Armoring of Vehicles, Handicapped and Van
Conversions, etc) Non-Warranty hourly labor 200.00 HR
rate (1 Ton & Over; Including Specialty & ��` f"}�' C� ���
Off-Road Equipment) "-�
Line: 14
Description• Qtv Unit UnitPrice Total
General Maintenance and Repair, Vehicle (Not
Otherwise Classified) to include Oil Changes, 2000.00 HR
�ubrication, etc (1 Ton & Over, Including �"/ � 4���
Specialty & Off-Road Equipment)
Line: 15
Description• Qtv Unit UnitPrice Total
Automotive Machine Shop Services Non-Warranty 400.00 HR
Hourly labor Rate (1 Ton & Over, Including ����1C� � ��
Specialty & Off-Road Equipment) ``J �
Line: 16
Description• Qtv U�it UnitPrice Total
Trailer Maintenance and Repair (Not Otherwise
Classified) Non-Warranty hourly labor rate (1 700.00 HR
Ton & Over; Including Specialty 8� Off-Road !�t� G� �'� ��
Equipment)
ITB 22-0017 Heavy Duty Repair and Services
Page 4 of 52
FoxT WoRTK.:
BID SOLICITATION
EventlD Page
CFWO1-22-0017 5
Event Round Version
1 1
Event Name
ITB Hea Dut Re air and Service
Start Time Finish Time
12 15 2021 08:00_00 CST Ol 06 2022 13:30:00 CST
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT
FINANCE - Purchasing
200 Texas St. (Lower Level,
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 17
Descri tion• Qtv Unit UnitPrice Totai
Truck and Van Maintenance and Repair (Not
Otherwise Classified) Non-Warranty hourly 1500.00 HR ��
iabor rate (1 Ton & Over; Including Specialty �f ('��C. � � �� -J-N(5�i ,
8 Off-Road Equipment) i
Line: 18
Temperature Repair-A/C, Heater, Radiator,
Ventilation, etc. Cooling, Heating, and
Ventilating System (A/C System, Hoses, Water
Pump, Radiator, Heater & Accessories,
Ventilation, etc) (1 Ton & Over; including
Specialty & Off-Road Equipment)
SERVICES
South)
1000.00 HR ��
' ' L-� C:o ��(,'� pE�
Line: 19
Description Qtv Unit UnitPrice Totai
Vehicle Radio, Speakers, Maintenance and
Repair, including specialty & Off-Road 500.00 HR
Equipment Hourly Labor Rate (1 Ton & Over; 8�' %� � � 2 �
Including Specialty & Off-Road Equipment) t
Line: 20
Description• QtV Unit UnitPrice Total _
Retrofitting Vehicles to Reduce Emissions & 700.00 HR
Improve Air Quality flat rate fee (1 Ton & �+� � C5� �7� �(�
Over; Including Specialty 8� Off-Road
Line: 21
Description• Qtv Unit UnitPrice Total
Wheel, Alignment, Suspension, Rear End, Etc. 1200.00 HR ��
RepairAlignment and Wheel Balancing ��rr'� O�' �I� � 31
(I�cluding Front-End Repair) flat rate fee c'L} �—�
Line: 22
Description' QtY Unit UnitPrice Total _
Suspension (Axles, Springs, Steering, etc) 1200.00 HR
flat rate fee ('I Ton 8� Over, Including �/ r�� �'a� � 1� �
Specialty & Off-Road Equipment) �
Line: 23
Description• Qtv Unit UnitPrice Total _
Wheel Balancing Flat Fee Rate (1 Ton 8� Over; 1200.00 HR
Including Speciafty & Off-Road Equipment) $ � � G�? �l � (��
Line: 24
Wheel Maintenance and Repair Hourly Labor
Rate (1 Ton & Over; Including Specialty &
Off-Road Equipment)
� � ��, �c
� �� �
ITB 22-0017 Heavy Duty Repair and Services
Page 5 of 52
FORT WORTH..�
_�'�
BID SOLICITATION
EventiD Page
CFWOl-22-0017 6
Event Round Version
1 1
Event Name
ITB I-Iea Dut Re air and Service
Start Time Finish Time
i12 15 2021 08:00:00 CST O1 06 2022 13:30:00 CST
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 25
Descri tip on: QN Unit UnitPrice Total
Vehicle Reconditioning/Refurbishing Services 1000.00 HR
Non-Warranty Hourly Labor Rate (1 Ton & Over; �� f�* ��� -$'/j ,V-; �
Including Specialty & Off-Road Equipment) � �� `��
Line: 26 _ _ .
Parts- Cost Plus (+) 1V`l- percent of
`Manufacturers List Price' 300.00 EA
A I Mark U Percenta e Bid to $300.00 To fi %
Obta n CorrectSum. Example: 300 x10% = 30; f��- �� G�=� t1'f -_� g �_�
Line: 27
Description- Qty Unit UnitPrice Totai
Hose Repairs and/or Repiacement (Monday - 336.00 HR
Friday between 7:30 a.m.— 9:30 p.m)Biiled to � l(� � �� J��
the nearest quarter of the hour
Line: 28
Description• Qtv Unit UnitPrice Total
Hose Repairs and/or Replacement (After hours 336.00 HR
Friday at 931 pm - Monday at 6:59 am) Biiled �' g�� � �.� �
to the nearest quarter of the hour � �
Line: 29
Description• Qtv Unit UnitPrice Total _
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pm '� 1 �_ � ��[ �iS�)
Line: 30
Description• Qtv Unit UnitPrice Total
Shop Houriy Labor Rate, After Hours, 1475.00 HR
Holidays, Weekends I�' 04� c� ��� JC'�
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Totai Bid Amount: }--P �����;
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A bid of "0" (zero) will be interpreted by the City as a no-charge (free) item and the City will not expect to pay for that item. A bid of "no
bid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised, a"no
bid" or no response may be considered as non-responsive and may result in disqualification of the bid.
ITB 22-0017 Heavy Duty Repair and Services
Page 6 of 52
� � � � ';
ADDENDUM TO INVITATION TO BID 22-0017
HEAVY DUTY REPAIR AND SERVICE
PURCHASING DIVISION
_�� � •
INVITATION TO BID (ITB): 22-0017
BID OPENING DATE: January 6, 2022 (UNCHANGED)
DATE ISSUED: December 16, 2021
ITB 22-0017, issued December 15, 2021, is hereby amended as foilows:
1. On page 1 of 52, entitled "cover page," it states that the submission is due by December 16,
2021. This is a mistake in the bid documents. Please refer to the tentative schedule of events
found on page 15, which states the ITB responses are due on January 6, 2022. Please refer to
the screen shots on page two.
All other terms and conditions remain unchanged.
Ashley Kadva
BUYERII
.............................................................................
By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above
referenced ITB.
COMPANY NAME�-I ��������`� ���� �
SIGNATURE:
NOTE: Company name and signature must be the same as on the original bid documents. Failure to
return this form with your sealed bid may constitute grounds for rejection of your offer.
ITB 22-0017 Heavy Duty Repair and Service
Page 1 of 2
Bids are solicitetl for furnishing the merchandise, supplies, seNices andlor equipment as set for�h in this
solicita6on. Campleted Bids including one ezecuted original aod o�e US8 flash drive containing electronic
versia�s af all bid tlocuments must be received in the Purchasing Division by 1:30 P.Pn., Decemb�r 16, 2021, and
then publicfy opened and read aloud at 2:06 P.M. in the Council Chambers. Bids o�ust be submiited in a sealed
__,..,�,.... re��Ti i Ti ir nin �n u�nrn �n!�irrr�i nni r� ir ni irwnr nr r� �r ran rr� nnr ,,.�a...,.._a .,. +w_ n.,..w.,_
2Q21
Pre-Bid Conference � December 23, 2021 3 00 Pt�l
Deadline for Ques ions �ecember �7. 2021 at 5PM
ITB Responses Due Oate AT 130 p.m. iLocal ' January 6. 2022
RB 22-0077 Heavq DuFj ftepair and Services
Paoe 15 0� 52
Fox.� x..
COVER PAGE
EventlD Page lnvi'
CFS401-22-001? -
Event Round Version
i 1
EventName
I2'3 Hra:.^� Bur =eva:r an; a' rrire
Start Time Finish Time Sub
12JiSi2021 O8:OG:GG Cn'T L�1lQ6:2022�13:30:00 CST
ITB 22-0017 Heavy Duty Repair and Service
Page 2 of 2
2.0 TENTATIYE SCHEDULE OF EVENT
ITB
_ . . .. . _..
PART-1
INSTRUCTIONS
1.0 SOLICITATION
1.1 Review of Documents: Bidders are expected to examine all documents that make up the
Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission,
ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by
the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for
any errors or misrepresentations that result from Bidders not using the completed Solicitation
document and addendums.
12 Location of Documents: Solicitations are issued by the Purchasing Division. The location for
the Purchasing Division are specified in the advertisement and on the first page of the solicitation.
2.0 EXPLANATIONS CLARIFICATIONS OR QUESTIONS
2.1 A�y explanation, clarification, or question desired by a Bidder regarding any part of the
Solicitation must be requested in writing from the Purchasing Division by the question deadline
listed in Section 2.0, Part 2, so that a written addendum can be posted before the submission
deadline. Interpretations, corrections, or changes to the Solicitation made in any other manner
are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or
changes. Oral explanations or instructions given before the award of the Contract are not binding.
2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED, ALL QUESTIONS MUST BE HAND
DELIVERED OR SENT BY E-MAIL BEFORE THE QUESTION DEAD�INE AND MUST BE
IDENTIFIED AS FO�LOWS:
2.2.1 All explanation, clarification or questions must clearly identify the buyer's name and the
bid number on the document or on the subject line, if sent by and email. For example:
"Attention: Buyer name and Bid No. XX-XXX". If the buver's name and bid number is
not included as specified above the question(s) will NOT be answered.
2.2.2 Delivery of questions by:
2.22.1 Hand Delivery — Fort Worth City Hall, Purchasing Division, Lower Level, 200
Texas Street, Fort Worth Texas, 76102.
2.2.2.2 Via Email — FMSPurchasinqResponses(a�fortworthtexas.qov
22.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not
received within 1(one) business day, please contact the City of Fort
Worth Purchasing at 817-392-2462.
2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are not
binding upon the City, and Bidders shall not rely upon such interpretations, corrections or
changes. Oral explanations or instructions given before the award of the Contract are not
binding.
2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an
Addendum posted on the City's website under the corresponding bid number.
3.0 UNAUTHORIZED COMMUNICATIONS — Bidders' contact regarding this Invitation to Bid (ITB) with
employees or officials of the City other than the Purchasing Manager, the Business Equity Division, or as
otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement
process. No officer, employee, agent or representative of the Respondent shall have any contact or
ITB 22-0017 Heavy Duty Repair and Services
Page 7 of 52
discussion, verbal or v+Ritten, with any members of the City Council, City staff or City's consultants, or
directly or indirectly through others, seek to influence any City Council member, City staff, or City's
consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation
of this prohibition may result in the Respondent being disqualified from the procurement process. Any
oral communications are considered unofficial and non-binding with regard to this ITB.
4.0 PREBID CONFERENCE — A pre-bid conference and site visit will be held at 3:00 PM, Thursday,
December 23, 2021 at City Hall, 200 Texas Street, Room 380, Fort Worth, TX 76102. Failure to attend
the pre-bid conference will impact a potential Vendor's ability to submit a fully informed and competitive
bid response. To join the Pre-bid Via Webex, please see Cover Page for details.
5.0 PREPARATION OF BIDS
5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated.
Prices or Percent Markups submitted on other than the forms included in the Solicitation
shall be considered non-responsive.
5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the
Bid.
6.0 QUANTITES - The quantities listed on the bid solicitation are only estimates based on previous usage
and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is
obligated to pay for only those materials and services actually ordered by an authorized City employee
and then received as required and accepted by the City.
7.0 TAXES - Purchases of Goods or Services for City use are usually exempt from City, State, and most
Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax
Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to
pay taxes for which the City has an exemption under any Contract.
8.0 DEFINITIONS
8.1 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are
acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those
features that render it equal. Final determination of a product as "equal" remains with the City.
8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days.
Time is of the essence in any City purchase. If the indicated date cannot be met or the date is
not indicated, the Bidder shall state its best delivery time.
8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and
Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery to the
point of destination.
8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for
breakage or other loss and for any damage resulting from transportation.
8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place
specified, at the Bidder's expense and risk, and their tender delivery to the City.
8.3_3 Bids offerinq anv other delivery terms are not acceptable and mav be cause for reiection.
9.0 PRICES/PERCENTAGE MARKUP
9.1 Bid prices and percentage markup (if applicable) shall be firm offers unless otherwise specified.
Pricing and percentage markup (if applicable) shall be entered on the Bid Offer Sheet.
9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern.
ITB 22-0017 Heavy Duty Repair and Services
Page 8 of 52
9.3 Prices shall be offered in the Dollars of the United States of America (or decimal fractions
thereof).
10.0 SIGNATURE - The Bidder must provide a wet signature on each document in the Solicitation requiring a
signature. Any change made to the Bid must be initialed by the Bidder.
11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID
11.1 All material submitted to the City becomes public property and is subject to the Texas Open
Records Act upon receipt.
11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page
must be identified and marked proprietary at time of submittal. The City will, to the extent
allowed by law, endeavor to protect such information from disclosure. If a Public
Information Request is made for Bidder's proprietary information, the Bidder will be
notified so that they can submit a letter to the Texas Attorney General. The final decision
as to information that must be disclosed lies with the Texas Attorney General.
11.1.2 Failure to identify proprietary information will result in all unmarked sections being
deemed non-proprietary and available upon public request.
12.0 BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall
be borne by the Bidder.
13.0 PAYMENTS
13.1 All payment terms shall be "Net 30 Days" from the date the City receives a correct invoice.
13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing
goods and/or services using the forms posted on the City's website at
https�//www fortworthtexas qov/departmentslfinance/purchasinq/ach
14.0 SUBMISSION OF BIDS
14.1 Bidders shall submit the following items with their bid:
14.2 A completed and signed original Bid Submission Signature page;
14.3 A completed Bid Solicitation.
14.4 Signed Addendum(s) acknowledging receipt.
14.5 All items listed in Section 14.0, Bidders Qualifications; Part 2
14.6 A completed and signed original Conflict of Interest Questionnaire, Attachment A;
14.7 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment B, if
applicable;
14.8 A completed Bidder's Contact Information Form, Attachment C;
14.9 A completed Bidder's Qualification Questionnaire, Attachment D;
14.10 A completed Business Equity Utilization Form, Attachment G;
14.10.1 The Letter of Intent (Only if the Prime Vendor submits a good faith effort). Attachment H;
ITB 22-0017 Heavy Duty Repair and Senrices
Page 9 of 52
14.11 Documentation and certifications necessary to perform work on City vehicles and equipment. This
includes all certifications, such as the National Institute for Automotive Service Excellence (ASE)
or Manufacturer required training, which qualifies the vendor to perform said work.
14.12 List of materials, tools and equipment necessary to perform repairs to city vehicles and
equipment.
14.13 Scanned copy of ali documents listed in paragraph 14.1 in flash drive.
14.14 Documentation showing company has been in the market place for a minimum of two years (i.e.
Secretary of State).
14.15 Bidder shall provide a minimum of three (3) references from projects similar in nature, size and
scope completed or undertake in the past three years. Letters shall include the following items.
15.0
16.0
14.15.1.1
14.15.12
14.15.1.3
14.15.1.4
Company letterhead, including contact information.
Number of years working with Firm.
Brief explanation of customer's satisfaction and recommendation of Firm. Please
provide a rating of 1-5. One (1) being unlikely to recommend and unsatisfied, and
five (5) being highly satisfied and highly recommended.
Brief explanation on likeliness to work with Firm again. One (1) being unlikely to
continue to use Firm and five (5) highly likely to use Firm again.
14.2 Any other document included in the Solicitation requiring completion or execution by the Bidder.
14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a bid as
non-responsive to the specifications.
LATE BIDS
15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All Bids
received after the submission deadline are considered late and will be returned to the Bidder
unopened.
152 Purchasing's time stamp clock is the official time of record. However, if the time stamp is not
availab�e or broken, the date and time written on the bid receipt by Purchasing staff shall be the
time of record.
15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing
Division. The City will not be responsible for failure of service on the part of the U.S. Postal
Office, courier companies, or any other form of delivery service chosen by the Bidder to deliver
before the bid due date and time.
15.4 Bids delivered to a City location other than the Purchasing Division will not be considered. The
Bid must be received by the Purchasing Division and stamped before deadline to be considered.
MODIFICATION OR WITHDRAWAL OF BIDS
16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid submission
deadline.
16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the
facsimile is signed by the Bidder) at any time prior to the bid submission deadline. A Bid may
also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid
submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids may be
ITB 22-0017 Heavy Duty Repair and Services
Page 10 of 52
withdrawn after the bid submission deadline without forfeiture of the Bid guarantee, unless there
is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications,
prior to the bid submission deadline. The City may require proof of agency from the person
withdrawing a bid.
17.0 OPENING OF BIDS
The Purchasing Division representative responsible for opening Bids shall personally and publicly open
all Bids timely received, reading each bid aloud.
18.0 EVALUATION FACTORS AND AWARD
18.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless othen�vise
specified). However, the City may evaluate and award the Contract for any item or group of items
shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that
specify an "all or none" award may be considered if a single award is advantageous.
18.2 Award. The Method of Award is detailed in Section 4, Part 2. (Note: A Bidder that does not earn
at least 50% of the technical points will be deem "non-responsive" and will not be awarded a
contract. )
18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a Purchase
Order or a Contract. Subsequent Purchase Orders may be issued as appropriate. The contents
of a Bid Response shall become a part of the Contract. Under no circumstances will the City be
responsible for Goods or Services provided without a Purchase Order issued by the City.
19.0 RESERVATIONS - The City expressly reserves the right to:
19.1 Specify approximate quantities in the Solicitation;
19.2 Extend the Solicitation opening date and time;
19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to
the City;
19.4 Waive as an informality, minor deviations from specifications provided they do not affect
competition or result in functionally unacceptable goods or services;
19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that
does not affect the competitiveness of the Bidder);
19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission
deadline;
19.7 Reject a bid because of unbalanced unit prices bid;
19.8 Reject or cancel any or all Bids;
19.9 Reissue a Solicitation;
19.10 Procure any item by other means; and/or
19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors.
ITB 22-0017 Heavy Duty Repair and Services
Page 11 of 52
20.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS
20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide
Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office
within 14 calendar days after notification of award, or as otherwise required by the Solicitation.
20.2 Business Equity Division Documents: If a Business Equity goal has been established for the
bid, the applicable documents must be submitted by all bidders wishing to continue in the bid
evaluation process within two (2) City business days after the bid opening date, exclusive of the
bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the
appropriate department as evidence that the City received the documentation.
20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by
the City Council before execution, the successful bidder is required to complete the Certificate of
Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the
solicitation before the purchase/contract will be presented to the City Council. The form may be
completed at https�//www ethics state tx uslwhatsnew/elf info form1295.htm.
21.0 PROTEST PROCEDURE
21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the
bid award if they believe that there has been any impropriety or unfair criteria in the process.
21.2 The Vendor must submit any protest in writing to the Purchasing Manager within 14 days after the
Vendor knows, or should have known, of the facts relating to the proposed action or award.
21.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing
action through telephone discussions, mail, e-mail or in person meetings with the protesting
Vendor.
21.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in
writing, state the reasons for the action taken and inform the protesting Vendor of the right to
review by a panel made up of City staff.
21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the
operating department, the Purchasing Manager and any other appropriate personnel or
employees of the operating department.
21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the
Vendor does not agree, the protesting Vendor will be invited to attend the City Council meeting at
which the recommended award is to be presented to the City Council and make known his/her
concerns. The protesting Vendor will be instructed to arrive prior to the start of the City Council
meeting and complete a card requesting to speak concerning the particular Mayor and Council
Communication document (M&C) in question.
21.6.1 Vendors wishing to speak before the City Council should review the rules for registering
to appear before City Council located at:
http�//fortworthtexas qov/citvsecretarv/info/default.aspx?id=2914 on the City's website.
22.0 COOPERATIVE PURCHASING
22.1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in
their proposals whether they agree that all terms, conditions, specification, and pricing would
apply.
222 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the
following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth
shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded
ITB 22-0017 Heavy Duty Repair and Services
Page 12 of 52
as a result of this solicitation. All purchases by governmental entities other than the City of Fort
Worth shall be billed directly to that governmental entity and paid by that governmental entity.
The City of Fort Worth shall not be responsible for another governmental entity's debts. Each
governmental entity shall order its own material/services as needed.
23.0 RIGHT TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
If the Federal award meets the definition of "funding eCFR — Code of Federal Regulations agreemenY'
under 37 CFR §401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the recipient or sub
recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
24.0 DEBARMENT AND SUSPENSION
Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to
parties listed on the government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
weil as parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
25.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
26.0 BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
26.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the non-Federal award.
26.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their bid, if
the bid exceeds $100,000.00.
27.0 PROHBITION ON BOYCOTTING ENERGY COMPANIES
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms "boycott energy company" and "company" have
ITB 22-0017 Heavy Duty Repair and Services
Page 13 of 52
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts
2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature
provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) wiil
not boycott energy companies during the term of this Agreement.
28.0 PROHBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a
contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the City with a company with 10 or more full-time employees unless the contract contains
a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms "discriminate,"
"firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor:
(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
ITB 22-0017 Heavy Duty Repair and Services
Page 14 of 52
PART - 2
DETAILED SCOPE OF SERVICESiSPECIFICATIONS
1.0 SCOPE
2.0
1.1 The City of Fort Worth (City) seeks bids to finalize annual agreements with multiple vendors for
repair services for City-owned heavy duty vehicles, lawn, and marine equipment and to establish
an Annual Agreement to provide Original Equipment Manufacturer (OEM) Authorized Service and
independent Service Facilities Agreement for the Property Management Department (PMD) as
specified in this Invitation to Bid (ITB.)
1.2 The successful bidder(s), known hereafter as "Contractors"/"Contractors," will be responsible for
perform heavy duty vehicle repairs and services for approximately 3,000 on road and 1,600 of-
road vehicles and equipment.
1.3 The Term of the agreement shall begin on the date stated in the contract ("Effective Date) and
shall expire one year from the effective date, unless terminated earlier in accordance with the
provisions of this Agreement. This agreement may be renewed under the same terms and
conditions for four (4) additional one-year periods, unless the Contractor provides the other party
with notice of non-renewal at least 60 days before the expiration of the initial term or renewal
period.
1.4 The Property Management Department (PMD) shall utilize this Agreement for service, repair,
maintain and purchase of parts for a variety of heavy duty vehicles, lawn, and marine equipment
and for a variety of manufacturers in the City fleet on an as needed basis.
1.5 Following the award additional services of the same general category that could have been
encompassed in the award of this Agreement, and that are not already on the Agreement, may
be added based on the discount bid and price sheet provided with the bid.
1.6 Unit prices shall include all costs associated with the specified work, including but not limited to
handling, delivery, fuel charges, fees and certifications fees. No additional charges will be
accepted or paid by the City.
1.7 All items supplied resulting from this bid shall be of recent production, unused, and suitable for
their intended purpose.
1.8 The submission of a bid by the bidder shall be considered evidence of compliance with these
requirements.
TENTAT�' "� ,...' '��. �� � „� �"��„-�
ITB 22-0017 Heavy Duty Repair and Services
Page 15 of 52
Recommended Vendor Selection I January 2022
and Council Cons
Execution _ � March
2022
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The Vendor shall notify the City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of the company or authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change, copy of
the board of director's resolution approving the action, or an executed merger or acquisition agreement.
Failure to do so may adversely impact future invoice payments.
4.0 METHOD OF AWARD
4.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the
best value to the City. A responsible bidder is defined as a bidder that submits a completed bid
package within the stated deadline and in accordance with the bid specifications.
4.2 Bids that do not receive 50% or more of the total available points, excluding the points for price,
will be deemed non-responsive.
4.3 The following criteria will be used to determine the best value:
4.3.1 Cost of service — up to 50 points.
4.3.2 Availability of resources to perform services, with qualified personnel per section 5.0 — up
to 20 points.
4.3.3 Contractor's qualification and certification per section 6.0 — up to 10 points.
4.3.4 Experience working with government/similar size organization — up to 10 points.
4.3.5 Ability to meet the Business Equity goal of 23%— up to 10 points.
4.4 In order for the City to receive adequate coverage on its requirements as specified in the
solicitation, the City reserves the right to make multiple awards.
4.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to
make an award on the basis of individual item, combination of items, or overall bid, as it is
deemed in the best interest of the City. The City aiso reserves the right to reject the bid of a
bidder who has previously failed to perform properly or complete on time agreements of a similar
nature.
4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance
record of bidder with the City itself, another municipal corporation of like size, or private
corporations during the past two-year period. Such precautions are deemed to be in the public
interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can
create emergency situations and impose unnecessary hardship on both the City as a municipal
corporation and the public at large_
4.7 The evaluation factors listed above will be applied in a comparative manner to all eligible,
responsive bids. Award may be made without discussion with Bidders after bids are received.
Bids should, therefore, be submitted on the most favorable terms.
4.8 Consideration of Location of Bidder's Principai Place of Business, Attachment B, if applicable;
ITB 22-0017 Heavy Duty Repair and Services
Page 16 of 52
4.8.1 If Attachment B. �ocal Preference is completed by any bidder the City will review the
Attachment to determine whether local preference will apply to the award.
4.9 The City also reserves the right to reject the bid of a bidder who has previously failed to perform
properly or complete on time agreements of a similar nature.
5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED
5.1 The Contractor shall:
5.1.1 Have a minimum of 2(two) years of experience conducting services similar or related to
the Scope of Services.
5.1.2 Have and operate a full-time, permanent business address with the ability to be reached
by email and telephone.
5.1.3 Documentation and certifications necessary to perform work on City vehicles and
equipment. This includes all certifications, such as the National Institute for Automotive
Service Excellence (ASE) or Manufacturer required training, which qualifies the vendor to
perform said work.
6.0 CONTRACTOR RESPONSIBILTIES
6.1 Contractors shall provide pricing on parts and labor for the services and a list of brands provided
on the attached Bid Solicitation pages of this ITB.
62 Contractor shall provide unit prices for listed items. Unit prices shall include all associated costs
unless specified in Proposals Solicitation Page, not limited to delivery, fuel and handling charges.
No additional charges will be accepted or paid by the City.
6.2.1 The City will ensure that vehicles will have a minimum of a quarter (1/4)
tank of fuel when dropped off for service.
6.3 Contractors may charge an hourly non-warranty labor rate per service, a cost plus (+) for parts, a
diagnostic fee (detailed out), and any applicable transportation fees, if any. There are no
guarantees the City will accept or held financially or liable for costs outside of labor and materials!
parts if the submitted pricing is deemed excessive by the evaluation panel.
6.4 Contractors shall furnish provide documentation on their personnel authorized to perform work on
City vehicles and equipment. This includes all certifications, such as the National Institute for
Automotive Service Excellence (ASE) or Manufacturer required training, which qualifies the
vendor to perform said work. All licenses, permits, insurance and any other documentation that is
required by local, state and/or federal agencies are to be maintained during the term of this
contract.
6.5 Contractors shall be authorized to diagnose, repair and service vehicles and equipment for the
City of Fort Worth's (the "City") Heavy duty fleet.
6.6 Contractors shall perform work using the most up to date and appropriate methods available for
said work under industry standards. This includes, but is not limited to, all suitable repair
equipment and parts to insure the satisfactory execution of any repair or installation.
6.7 Contractors shall respond and supply requested materials or services required during regular
business hours within the response time (DE�IVERY) from receipt of request in the proposals
solicitation page or less including shipment by mutual agreement form the time original request
is made.
ITB 22-0017 Heavy Duty Repair and Services
Page 17 of 52
6.8 Contractors shall provide the City priority service, as many City vehicles are utilized for public
safety and emergency response. Expeditious turn-around is critical to City operations. Additional
fees for priority services are prohibited.
7.0 HOURS
7.1 Contractors shall respond to a work order within 24 hours of notification.
7.2 Contractors shall deliver completed vehicles to the Fleet Service Center, Monday through Friday
between 7:30 a.m.— 9:30 p.m. unless expressly authorized by the Fleet Service Center
Supervisor(s) or their designee. Any deviation from this timeframe shall require written approvai
from the Fleet Service Center Supervisor(s) or their designee.
8.0 AFTER HOURS
8.1 After hours shall be considered from Friday at 9:31 pm through Monday at 6:59 am, holidays and
weekends.
9.0 PARTS
9.1 All parts utilized in repairs, replacements or instaliations on City vehicles and equipment must be
new unless otherwise requested by PMD Fleet personnel. Any rebuilt or remanufactured parts
can be considered but must be approved in writing by City PMD Fleet personnel prior to being
utilized by a vendor.
9.2 Vendor shall warranty and/or guarantee all work and products supplied under this Agreement
against any defects in design, workmanship, materials and failure to operate satisfactorily. Each
product shall be constructed to the highest industry standards. Products manufactured of poor
workmanship will not be accepted.
9.3 The City reserves the right to supply parts as the City determines is necessary.
9.4 Vendor may charge a cost plus (+) for parts. The cost should be available for review by the City
as requested. There are no guarantees the City will accept or held financially or liable for costs
outside of labor and materials/ parts if the submitted pricing is deemed excessive by the
evaluation panel.
ITB 22-0017 Heavy Duty Repair and Services
Page 18 of 52
10.0 INVENTORY OF ASSETS
10.1 Assets that may need repairs and services but are not limited to, the inventory listed below:
Up to 3,000 on-road and 1,600 off -road vehicles and equipment including, but not
limited to•
Types of Manufacturers
E ui ment
Fire Trucks Allison Mazda
Dump Trucks Altec Mercedes/ Sprinter
Heavy-Duty Artic Cat Meritor
Trailers Aquatech Metro
Bucket Trucks Bendix Mitsubishi
Off Road Big Tex Muncie
Equipment BMW National Crane
Transfer Champion New Holland
Trucks Chevy Nissan
Motor Homes Cummins Onan Generators
Fuel Trucks Custom- Chris Trim Peterbilt
Water Tankers Custom- Lawhon Pierce — Fire Apparatus
Container Custom- Tommy Gate Pioneer
Trucks Custom- Youngs Pipehunter/ Jeteye
Sewer Delta Rigging Progard
Equipment Detroit ROM Cozp
Dodge Rosenbauer
and other poosan Spartan
related types of Duetz Spitzlift
equipment over Eaton Sterling
I ton E-One Tennant
Ford Terex
Freightliner Texas Steer
Honda Toyota
Hyundai Tracker
International Twister
Interstate Trailers Vac-Con
Isuzu Vactor
JCB Verneer
Jeep Versalift
JLG Volvo
John Deere — Green (AG) WABCO
Kawaski Wacker
Kenworth Whelen
Kobeico Yamaha
KTM Zodiac
Kubota and other related
Mack manufacturers over 1 ton
M&D
ITB 22-0017 Heavy Duty Repair and Services
Page 19 of 52
11.0 ESTIMATES
11.1 Vendor shall be required to provide written or electronicaily produced estimates to PMD Fleet
personnel before the start of any work. The estimates must be emailed to the PMD Fleet
employee(s) and/or PMD Fleet facility location who requested the services to be completed.
11.2 Estimates shall be approved and authorized by PMD Fleet personnel in writing via email prior to
work being performed. Verbal approvals should not be considered.
11.2.1 Fleet shall create necessary work order for tracking.
11.2.2 Vendor shall be notified, via email, of repairs needed and/or diagnosis from Fleet.
112.3 Vendor shail identify the repair direction and shall emaii an estimate with specific details
of the repairs needed regardless of warranty or non-warranty.
11.2.4 Warranty and billable repairs shall be on separate estimate(s) and invoicing in A�L
cases.
11.2.5 Fleet shall document the approval and shall update the work order detailing all
communications and repairs with denial or approval information.
11.2.6 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs are NOT to
be performed until a purchase order has been issued in writing from PMD Fleet Division.
This ensures proper tracking and documentation are in place for the Vendor and the City.
11.3 Final submitted invoices submitted to the City for work performed should always match the final
estimate received by the City. All revised estimates must be approved in writing prior to billing.
11.4 If City vehicle or equipment is serviced by a Vendor for warranty work, an estimate provided by
the Vendor to the City shall state 'Warranty Service'.
11.5 All estimates provided by vendors will be quoted on a`time and materials' basis, adherence to the
agreed upon contract rate(s) and itemized to iilustrate the cost of each of the following, if
applicable to the service or work performed:
11.5.1 Estimates shall include number of and cost of part(s) to be installed.
11.5.2 Estimates shall include cost of labor to perform repair and/or installation; iiemized by
number of labor hours per labor line.
11.5.3 Estimates shall include itemized inspection/diagnostic fees.
11.5.4 Transportation fees, if any, for pick-up or delivery.
11.5.5 Miscellaneous shop fees will not be allowed. This should be considered when bidding
applicable costs in the other time and materials categories.
11.5.6 Travel charges for mobile services can be considered and should be itemized. Standard
flat fee will not be considered.
11.6 Fleet shail create necessary work orders for tracking.
11.7 Contractor shall be notified, via email, of repairs needed and/or diagnosis from PMD Fleet.
11.8 All estimates provided by Vendors will be quoted on a`time and parts' basis, adherence to the
agreed upon contract rates and itemized to illustrate the cost of each of the following, if applicable
to the service or work performed: cost of part(s) to be installed, cost of labor to perform repair
ITB 22-0017 Heavy Duty Repair and Services
Page 20 of 52
and/or installation, inspection, diagnostic fees; itemized by labor hours except when estimated as
a turnkey projectljob.
11.9 Vendor shall identify the repair direction and shall email an estimate with specific details of the
repairs needed regardless of warranty or non-warranty.
11.10 Warranty and billable repairs shall be on separate estimate(s) / invoicing in ALL cases.
11.11 PMD Fleet shall document the approval and shall update the work order detailing all
communications and repairs with denial or approval information.
11.12 PMD Fleet shall issue a purchase order for billable repairs via email. Repairs with a cost
associated to the City are NOT to be performed until a purchase order has been issued in writing
from PMD Fleet. This ensures proper tracking and documentation are in place for the Vendor and
the City.
11.13 Vendors shall send confirmation and a cost estimate to the Fleet Service Center Supervisor(s) or
designee within 24 hours of receiving a list of equipment for inspection and testing.
11.14 Fleet Service Center Supervisors or designee will provide written authorization to proceed
with the inspection and testing after evaluating the estimate. Vendors are not authorized to
proceed with inspection, testing based on verbal authorizations and assumes all liability and
responsibility for inspection, and testing performed based on such verbal authorizations.
11.15 Vendors will be required to provide written estimates to Fleet Service Center Supervisors
or designee personnel before the start of any work. The estimates may be emailed to the
Fleet Service Center Supervisors or designee who requested the services to be completed.
11.16 Estimates must be approved and authorized by City Fleet Service Center Supervisors or
designee personnel in writing (email, fax or written) prior to work being performed. Original
invoices submitted to the City for work performed cannot be greater than initial estimate
provided unless approved by Fleet Service Center Supervisors or designee in writing.
11.16 If during the course of the originally estimated repairs, it is noted that further repairs will be
needed, a revised estimate must be prepared by Vendors for the additional work.
11.17 Estimates provided by vendors shall state `Warranty Service' if City vehicles or equipment will be
serviced for warranty work.
12.0 INVOICING REQUIREMENTS
12.1 The City of Fort Worth has begun implementing an automated invoicing system.
12.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department
invoice email address: supplierinvoices(a�fortworthtexas.qov. This email address is not monitored
so please do not send correspondence to this email address. The sole purpose of the supplier
invoices email address is to receipt and process supplier invoices.
12.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and
PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234)
12.4 To ensure the system can successfully process your invoice in an expedient manner, please
adhere to the following requirements:
. All invoices must be either a PDF or TIFF format.
• Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
ITB 22-0017 Heavy Duty Repair and Services
Page 21 of 52
• One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable
but each invoice must be a separate attachment.
. Please do not send handwritten invoices or invoices that contain handwritten notes.
• Dot matrix invoice format is not accepted.
. The invoice must contain the following information:
• Supplier Name and Address;
. Remit to Supplier Name and Address, if different;
• Applicable City Department business unit# (i.e. FW013)
. Complete City of Fort Worth PO number (i.e. the PO number must contain all
preceding zeros);
. Invoice number;
. Invoice date; and
12.5 Invoices should be submitted after delivery of the goods or services.
12.6 To prevent invoice processing delays, please do not send invoices by mail and email and please
do not send the same invoice more than once by email to supplierinvoices(a)fortworthtexas.qov.
To check on the status of an invoice, please contact the City Department ordering the
goods/services or the Central Accounts Payable Department by email at:
ZZ FIN AccountsPavable(cDfortworthtexas.qov.
12.7 if you are unabie to send your invoice as outlined above at this time, please send your invoice to
our centralized Accounts Payable department instead of directly to the individual city department.
This will ailow the city staff to digitize the invoice for faster processing.
12.8 If electronic invoicing is not possible, you may send your paper invoice to:
City of Fort Worth
Attn: FMS Centrai Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
12.9 The City's goal is to receive 100°/a of invoices electronically so that all supplier payments are
processed efficiently. To achieve this goal, we need the Contractor's support.
12.10 If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or
by email to ZZ FIN AccountsPavable(c�fortworthtexas.qov.
12.11 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax
exemption certificate upon Vendor's request.
13.0 HAZARDOUS CONDITIONS
The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City
property.
14.0 UNIT PRICE ADJUSTMENT
14.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal
period but before the effective date of the renewal upon written request from the Vendor.
14.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the
renewal effective period. The Vendor shall provide written proof of cost increases with price
adjustment request.
14.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves the
right to adjust the rate request, or reject the rate request in its entirety and allow the contract to
ITB 22-0017 Heavy Duty Repair and Services
Page 22 of 52
expire at the end of the contract term. If the City elects not to exercise the renewal option, the
Purchasing Division will issue a new solicitation.
14.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
14.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in
extensions or totals, the unit prices offered will govern.
14.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the
terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid
an agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at the
prior agreement rate(s). Vendor shall remain obligated to the City under all clauses of this
Agreement that expressly or by their nature extends beyond and survives the expiration or
termination of this Agreement.
14.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice
to the City.
15.0 LAWS, REGULATIONS, AND ORDINANCES
The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws,
ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and
regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal,
State, County, and City Agencies, Administrations and Commissions such as the Environmental
Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas
Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes
effective after the start of this Agreement, the Vendor is required to comply with new policy. Any
mandates requiring the City to comply with new guidelines will also require the Vendor to comply.
16.0 PERFORMANCE
Failure of the City to insist in any one o� more instances upon performance of any of the terms and
conditions of this Agreement shall not be construed as a waiver or relinquishment of the future
performance of any terms and conditions, but the Vendor's obligation with respect to such performance
shall continue in full force and effect.
17.0 COMPLAINTS
17.1 Complaints processed through the City Purchasing Division are to be corrected within fourteen
(14) days of formal notice of complaint. Written response to the Purchasing Division is required.
17.2 Failure to properly resolve complaints within the fourteen (14) calendar day time period may
result in the cancellation of the applicable line item(s) in the price agreement.
18.0 SUBCONTRACTING
No subcontracting of the work under this purchase will be allowed without written permission from the
City.
19.0 CONTRACT ADMINISTRATION
19.1 Contract administration will be pertormed by the City Department. In the event the Vendor fails to
perform according to the terms of the agreement, The Department head or his/her designee will
notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor's
deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure
any deficiency.
ITB 22-0017 Heavy Duty Repair and Services
Page 23 of 52
EXH►BIT E
VLRIFICATION OF SIGNATURE AUTHORITI'
ZIMMF,RER KUBOTA & EQLIIPMGNT
5165 MARK IV PARKWAY
FORT WORTH, TEXAS 76106
Execution of t�his SignaCure Verification Form ("Form") hereby certifies that tl�e following
individuals andlor positions have the authoriry to legally bind Vendor and to execute any agreemei�t.
amendment or change order on behalf of Vendor. Sucl� binding authority has been granted by proper order.
resolution, ordinance or other autllorization of Vendor. City is fully entitled to rely on tl�e warranry and
representation set forCh in this Form in entering it�Co a��y agreement or amendment with Vendor. Vendor
will submit an updated Porm wiChin ten (10) business days if there are any changes to the signatory
authority. City is entitled to rely on any current executed C onn until it receives a revised Fonn that has been
properly executed by Vendor.
1. Name:� � i "��
os ion: o�rcr'�t 9GY'�J t c�. 0.S91 �Q�(�-'r
L /�/�- (�-�! v _
Signature
,. Name:
Position:
Signature
3. Name:
Posifioi�:
Signature
Name:
Signature of President / CEO
Other Title:
Date:
[�rofessioilal Services Agreement Page 26 of 26
Zimmerer Kubota c�c Gquipment, Ine.
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:6/14/2022 REFERENCE
NO.:
**M&C 22-
0449 LOG NAME:
13P ITB 22-0017 HEAVY
DUTY SERVICE AND
REPAIRS ADK PMD
CODE:P TYPE:CONSENT PUBLIC
HEARING:NO
SUBJECT: (ALL) Authorize Non-Exclusive Purchase Agreements with Custom Truck One Source,
L.P., Daco Fire Equipment., Frank's Wheel Aligning, Inc., Grapevine DCJ, LLC., Hundley
Hydraulics., Metro Fire., CDA Hydraulic Solutions dba Pirtek., Adams Welding Company,
Inc. dba Shaw Bros Welding., Southwest International Trucks, Inc., Texas Kenworth
Co dba MHC Kenworth., and Zimmerer Kubota and Equipment, for Heavy Duty Repair
and Services in an Annual Amount Up to $1,305,278.00 and Authorize Four One-Year
Renewals for the Same Annual Amount for the Property Management Department
RECOMMENDATION:
It is recommended that the City Council authorize the award of non-exclusive purchase agreements
with Custom Truck One Source, L.P., Daco Fire Equipment., Frank's Wheel Aligning, Inc., Grapevine
DCJ, LLC., Hundley Hydraulics., Metro Fire., CDA Hydraulic Solutions dba Pirtek., Adams Welding
Company, Inc. dba Shaw Bros Welding., Southwest International Trucks, Inc., Texas Kenworth
Co dba MHC Kenworth., and Zimmerer Kubota and Equipment, for heavy duty repair and services in
an annual amount Up to $1,305,278.00 and authorize four one-year renewals for the same annual
amount for the Property Management Department
DISCUSSION:
The Property Management Department approached the Purchasing Division to procure an agreement
for heavy duty repair and services of City of Fort Worth (City) owned vehicles and equipment. Fleet is
responsible for acquisition, preventative maintenance, repairs, and fueling for the City's mixed fleet of
vehicles, off-road equipment and other related equipment. The Purchasing Division issued an
Invitation to Bid (ITB) 22-0017. The bid detailed specifications describing the services and repairs
required to maintain the vehicles and equipment.
The ITB was advertised in the Fort Worth Star-Telegram from December 15, 2021 through January 6,
2022 and 11 responses were received. Staff evaluated the responses based on a Best-Value
criteria, which included (a) availability of resources to perform services with qualified personnel, (b)
bidder's qualification and certification, (c) experience working with government/similar size
organization, (d) cost. The individual scores were averaged for each of the criteria and the final
scores listed in the following table. Upon review of the bid submissions, scores and pricing,
Purchasing staff recommends awarding a non-exclusive agreement with all bidders.
Bidders Evaluation Factors
E1 E2 Pricing Total Score
Custom Truck One
Source, L.P. 15 20 0 23.5
Daco Fire Equipment 15 17 40 61.5
Franks Used Alighning,
Inc.15 17 0 21.5
Grapevine DCJ, LLC 15 18 0 22
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
FUNDING: The maximum annual amount allowed under this agreement will be
$1,305,278.00, however the actual amount used will be based on the need of the department and
available budget. Funding is budgeted in the Fleet Services Outside Rep & Maintenance account of
the Property Management Fleet Parts & Fuel Inventory Department’s Fleet & Equipment
Services Fund.
BUSINESS EQUITY - A waiver of the goal for Business Equity subcontracting requirement is
approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase
of goods or services is from sources where subcontracting or supplier opportunities are negligible.
AGREEMENT TERMS: Upon City Council approval, the agreement will begin upon execution and will
end one year from that date.
RENEWAL OPTIONS: This agreement may be renewed for up to (4) four one-year terms at the City's
option. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
ADMNISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
Hundley Hydraulics 15 19 0 22.5
Metro Fire 15 23 0 25
CDA Hydraulic Solitons
dba Pirtek 15 20 0 23.5
Adams Welding Co, Inc.,
dba Shaw Bros Welding 15 20 0 23
Soutwest International
Trucks, Inc.15 22 0 25
Texas Kenworth Co. dba
MHC Kenworth 15 24 0 26
Zimmerer Kubota and
Equipment, Inc.15 18 0 22
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as previously appropriated, in the Fleet & Equipment Serv Fund. Prior to
an expenditure being incurred, the Property Management department has the responsibility to
validate the availability of funds.
BQN\\
TO
FROM
Submitted for City Manager's Office by:Reginald Zeno (8517)
Dana Burghdoff (8018)
Originating Department Head:Anthony Rousseau (8338)
Steve Cooke (5134)
Page 2 of 3M&C Review
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Additional Information Contact:Cynthia Garcia (8525)
Ashley Kadva (2047)
ATTACHMENTS
1295 Form- Custom Truck One Source.pdf (CFW Internal)
1295 Form- Southwest International Trucks Inc..pdf (CFW Internal)
1295 Form- Texas Kenworth Co dba MHC Kenworth.pdf (CFW Internal)
1295.pdf (CFW Internal)
13P ITB 22-0017 HEAVY DUTY SERVICE AND REPAIRS ADK PMD funds availability.pdf
(CFW Internal)
FID TABLE.xlsx (CFW Internal)
Form 1295 Adams Welding Co., Inc..pdf (CFW Internal)
Form 1295 Certificate 100902067 SIGNED.pdf (CFW Internal)
Form 1295 Certificate 100902462 CITY OF FORT WORTH.pdf (CFW Internal)
Franks 1295.jpg (CFW Internal)
Hundley.pdf (CFW Internal)
scan.pdf (CFW Internal)
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