HomeMy WebLinkAboutContract 57955City Secretary Contract No. _____________
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NON-EXCLUSIVE VENDOR SERVICES AGREEMENT
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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 CTE, LLC, a Texas
Limited Liability Company and a wholy owned subsidiary of Custom Truck One Source , LP, a Missouri
based Company (“Vendor” or Contractor), 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.
57955
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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
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.
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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
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
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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,
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
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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
(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.
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(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
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.
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(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, regis tered, 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:
Custom Truck One Source
Jenna Maller, Director, National & Government
Compliance
7701 Independence Avenue
Kansas City, MO 64125
Facsimile: (260) 824-6350
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.
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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 preven ts 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
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
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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.
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.
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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.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
By: ___________________________
Name: Dana Burghdoff
Title: Assistant City Manager
APPROVAL RECOMMENDED:
By: ______________________________
Name: Steve Cooke
Title: Property Management Director
ATTEST:
By: ______________________________
Name: Jannette S. Goodall
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: Alan Shuror
Title: Assistant Director, Property Management
APPROVED AS TO FORM AND LEGALITY:
By: ______________________________
Name: Richard McCracken
Title: Sr. Assistant City Attorney Sect Chief
CONTRACT AUTHORIZATION:
M&C: 22-0449
Form 1295:2022-865258
VENDOR:
Custom Truck One Source, L.P.
By:
Name: __Jenna Maller____________________
Title: __Director, National and Government Compliance_
Date: ___July, 25_________, 20_22_
Alan H. Shuror (Aug 3, 2022 14:42 CDT)
Alan H. Shuror
Steve Cooke (Aug 3, 2022 15:27 CDT)
Richard A. McCracken (Aug 5, 2022 11:33 CDT)
Dana Burghdoff (Aug 5, 2022 11:47 CDT)
Dana Burghdoff
Jannette S. Goodall (Aug 8, 2022 07:14 CDT)
Jannette S. Goodall
Vendor Services Agreement Page 12 of 25
Custom Truck One Source, L.P.
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.
Vendor Services Agreement Page 13 of 25
Custom Truck One Source, L.P.
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 .
Vendor Services Agreement Page 14 of 25
Custom Truck One Source, L.P.
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 15 of 25
Custom Truck One Source, L.P.
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.
10.13. Vendor shall be notified, via email, of repairs needed and/or diagnosis from Fleet.
Vendor Services Agreement
Custom Truck One Source, L.P. Page 16 of 25
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.
11.10. If Vendor has any questions, please contact the Accounts Payable team at (817) 392-2451 or
Vendor Services Agreement
Custom Truck One Source, L.P. Page 17 of 25
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
fails to perform according to the terms of the agreement, The Department head or his/her
Vendor Services Agreement
Custom Truck One Source, L.P. Page 18 of 25
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
Custom Truck One Source, L.P. Page 19 of 25
EXHIBIT B
PAYMENT SCHEDULE
Vendor Services Agreement
Custom Truck One Source, L.P. Page 20 of 25
EXHIBIT B
PAYMENT SCHEDULE
Vendor Services Agreement
Custom Truck One Source, L.P. Page 21 of 25
EXHIBIT B
PAYMENT SCHEDULE
Vendor Services Agreement
Custom Truck One Source, L.P. Page 22 of 25
EXHIBIT B
PAYMENT SCHEDULE
Vendor Services Agreement
Custom Truck One Source, L.P. Page 23 of 25
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.
ITB 22-0017 Heavy Duty Repair and Services
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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.
ITB 22-0017 Heavy Duty Repair and Services
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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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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
Vendor Services Agreement
Custom Truck One Source, L.P. Page 24 of 25
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)
1 CUSTOM
TRUCK
OfV� S�URCE..
January 4, 2022
City of Fart WortF�
Purchasing Di�ision
Lower Le�el, City Hall
200 T�xas Street
F'ort Warth, TX 76102
Ref: Bid "ITB Neavy Duty Repair and Service"
Dear City of Fort Worth,
C�stom Truck Dne Source is pleased to submi� a propasal for an ann�al agreement for repair
services far City owned vehicles and equipment, per your specifications.
Applicable tax wil[ be c�arged at the time of invoicing unless a tax exemption cer�ificate is ar� file.
The specifications will remain as descri�ed in the solicitation documen�s, with any alternations
noted.
Should yau ha�e any questions or requir� any additional information please feel free #a contact me.
�'Y1 ��[.�
Jenna Maller
Qirector, National & Governm�nt Compliance
Cusiom Truck One 5ou�ce
Office: �260j 824-715Q
Fax: (26D) 824-635D
Email: J�nna.MallerCdcustomtruck.com
Y ■ . . . . • • • � • • • • • . . . . ■ ■ ■ ■ ■ ■ . . . . a • a • • • . . . . . ■ ■ ■ • • . . . • • • • e • • • • ■ ■ ■ ■
7701 I�fDEPEN�ENCE AVENU�, KAN5A5 CITY, MO 64125 + �
Fo�r Woxr�:,
� co�ER Pa�E
E�entl� Page Invited:
CFWO1-22-06i7 1
Event Round Version
i i
Event Name
ITB Hea ➢ut Re air and Service
Start Time Finish Time Submlt TO:
12 15 2021 OB:00:00 CST Oi �v' 2422 13:30:06 CST
Event Description
The City of Fort Worth (City) sesks bids to fmafize an annual agreement with
services for City owned heavy duty vehicies and equipment and to establish
Original Equipment Manufacfurer (OEM) Authorized Service Facilities for the
Department {PMD} on an as needed as specified in fhis Invitation ta Bid (ITB
Terms & Conditians
Email
PUBLIC EVENT CIETAILS
City of �ort Worth
FI�VANCIAL MANAGEMENT
�INANCE - Purchasing
200 Yexas St. {Lower Level,
Fort Worth TX 76102
Unifed States
SERVICES
5outh}
FMSPurchasingResponses@fortworthtexas.gov
multiple vendors for repair
an Annual Agreement tp pravide
Property Managemeni
.)
All companieslindivlduals wishing to do business with the City of Fort Worth must register as a Bidder on the
PeopleSoft 5upplier Portal. Please visit
https:llwww.fortworthtexas.govldepartmentslfinancelpurchasinglregister for more informatian.
Assigned 8uyer: Ashley Kadva
There will be a pre-proposal conference held an December 23, 202�! at 2:00 PM
Location: Clty Hall
200 Texas 5t
Room 380, 3rd Floor Fort Worth, Texas 76102
Bids are solicited 1or furnishing the merchandlse, supplies, services andlor equlpment as set forth in fhis
solicitation. Completed Bids including one executed orlginal and one U5B flash drive containing electronic
�ersipns af all bid dacuments must be recei�ed in the Purchasing Di�ision by 1:30 P.M., December 16, 2021, and
then publlcly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids musi be submitted in a sealed
en�elope WITH THE B1D NUMBER WRiTT�N ON THE OUT5IDE OF THE ENVEiOPE, addressed to the Purchasing fv�anager. YOUR
BID MUST BE RECEIVEQ BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN dRDER TQ BE
CONSIQERED, Sids shall be mailed or hand delivered to the following address:
Clty of Fort Worth, Purchasing Qivision,
Lower Le�el, City Hall, 200 Tsxas 5treet, Fort Worth, Texas 76102
Bids deli�ered �y special courier (i.e. Federal Express, Special Deli�ery etc.) are ta be marked on the
autside of the courier's shipging envelope "BID No. 22-0017, ITB - Heavy Duty Repair and Servlce"AND MUST BE
RECEIVED SY THE
PURCHASING �FFICE 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.
Blds may be withdrawn at any time prior to the ofiicial opening. Blds may not be altered, amended or wkihdrawn
after the official opening. The undersigned agrees, if the bid Is accepted, to furnish a�y and all ifems upon
which prices are offer-ed, at the price(s) and upon the terms, conditions and scopelspecifications coniained in
this document. The period for acceptance o# this bld will be 120 calendar days after the bid opening date.
Solicitatlon Docurnents:
1.) Cover Page
2.) Bid Submissian Signature Page�"
3.) Bid Soliclta#lon"*
4.) Part 1 - Instructions
5.} Part 2 5cope of 5ervlCeslSpecificatlons
6.) A#tachmenf A- Con€lict of Interest Disclosure Requirement"'
7.) Attachment B- Vendor's Contacf fnformation
$.j Attac�menf C- Consideration of Location of Bidder's Princlpal Place of Buslness`*( if applicable)
8.) Attachment � - Reference Sheet
9.) Attachment E- Detaifed Scope of Services
9.) Attachmen# F- �raft Services Agreement, aitached as a separate documeni
""Required to be completed and submitted. See Sectlan 14.2, Part 1 for ali required documents that need to be
submitted. Fallure to submit all items will be grounds far rejection of a bid as non-responsive to the specifications,
ITe 22-0017 Heavy Duty Repair and Services
Page 1 of 52
FQRT WpRTH.,
BID SUBMISSION SIGNATURE PAGE
E�entlD Page
CFTd01-22-D017 2
Event Round Version
1 1
Evertf Name
ITB Heav Uut Re azr and Serv-ce
Start Time Finish Time
12 15 2021 09:Off:00 CST 4.i 46 2022 13:30:00 CS�
Invited: PUBLIC EVENT DETAILS
Submit To: City of Forf Worth
FINANCIAL MANAGEMEEVT SERVICES
FINANCE - �urchasir�g
200 Texas St. (Lower Level, 5auth)
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The €�ndersigned, by hislher signature, represents that helshe is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitaiion document contained herein. The Respondent, by
submiiiing and signing below, acknowledges ihat helshe has received and read ihe entire document packet
sections defned above including all documenis incorporated by reference, and agrees to be bound by the terms
therein.
Legal Compa�y Name: Gustom Truck pne Source, L,P,
Com�any Address: 7701 fndependence Avenue
City, 5tate, Zip: Kansas City, MD 64125
Vendor Registration No. Unknown
Printed Name of Offcer or Authorized Representati�e: Jenna Maller
7itle: ❑+rector, Naiional & Gavernment Complience _ �
Signature of Officer or Authorized Representative
Date
���ti(.��
Email Ad�fress: 1Q��a.maller@customtruck.com
Phone Number. (260) 824-7150
Federal IdentifiCation Number {FIDj: 47-2814336
1Nill agreement be available for Cooperaiive Agreement use? Yes x No _
�t A�J
ITB 22 DD17 Heavy Duty Repair and 5ervices
Page 2 of 52
FoR� H,.,
BID SOLICITATION
EventlD Page
cFwo�.-zz-aoi7 3
Event Round Version
i 1
Event Name
ITB �Iea Dut Re air and Service
Start Time Finish 7ime
12 15 2021 OB:OO:QO CST O1 06 2022 13:30:40 CSi
Invited: PUBLIC �VENT �ETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT
FINANCE - P€�rchasing
200 Texas 5t. (Lower Le�el,
Fort Worth TX i6102
United Stafes
SERVICES
South)
Email: FMSPurc�asingResponses@forfworthtexas.gov
Line: 1
Description:
DiagnosticlEvaluation Fee
10D0.00
EA
$14fl.00 $140,Q00,00
l.ine: 2
Description: Qtv Unit UnitPrice Total
Shop Hourly Rate, Man-Fri 7 00 am -9:30 pm 4000.00 HR
$140.fl0 $560,000.00
Line: 3
Description: Qtv Unit UnftPrice Total
Hourly Field Rate, Mon Fri 7:00 am 9:30 pm 4000.DD HR � ��
$145.00 s5ao,aoo.ao
Line: 4
�eseription: Qtv Unit UniEPrice Total
Transportation Fee (Pick-up & Def�very 200.Op EA �
Inclusive) !f appl9cable, Round Trip No Bid No Bid
Line: 5
Descri tion: Ql Unit UnitPrice Total
�ri�etreln e�d Transmission Repairs
Drivetrain (Clutch Assernbly, Flywheel, eic) 1000,00 HR
Non-Warranty hourly labor raie (1 Tpn & Over; No Bid No Bid
Induding Specialiy & Off Road EquiprrEent)
Line: 6
Description; QtV Unit UnitPrice Total
TransmissEon (Main, Transfer Case, Chain and ��
Final �rives) hlon-Warranty hourly la6or rate 1000.OQ NR
(1 Ton & Over, lncluding Specialty & Off-Road
Equipment) No Bid No Bid
Line: 7
Descri tp ion: qty � Unit .__ UnitPrice Tota1
Engine Repairs EngineAnalysls Non-Warraniy �000.00 NR
hourly labor rafe (1 Ton & Over, Incfuding No Bid f�o Bid
Specialiy & bff-Road Equipmenf)
Line: $
Ignition, Lights, etc) Non-Warra�ty hourly 9Q4.00 HR
labor rate (1 Ton & Over; Including Specialty
& Off Road Equipment)
No Bid
ITB 22-0017 Heavy guty Repair and 5ervices
Page 3 of 52
No Bid
FOR7` WORTH,:
�
BID SOLICITATION
EventlD Page
CFW01-22-0017 4
Event Round Version
2 1
EvenE Name
ITB Heav �ut Re air and Service
5tart Time Finish Time
�2 15 202i 08:00:�0 CST 61 06 2UZ2 13:30:00 CST
Invited: PUBLIC EVENI" DETAILS
5ubmit To: City of Fort Worth
FINANCIAL MANAGEMENT
FINANCE - Purchasing
200 Texas St. (Lawer Le��l,
Fort Worth TX 7fi102
United States
SERVIGES
Sauth)
Email: FMSPurchasingResponses@forlworthtexas.gov
Line: 9
aescripYion: Qty Unii UnitPrice Total
Power?lani(Engine, BeHs, Fieads, Intake,
Rebuilding, etc.} Non-Warranfy hourly labor BOOAO HR
rate (1 Ton & Over; Including Specialty & �io 6id No Bid
dff-Road Equipmertt)
Line: 10
Description: Qtv Unit UnitPrice Total
Exhaust and Emissions Repairs to include QPF
and 5CR Cleaning Exhaust 5ystem Maintenance
and Repair Non Warranty hourly labor rate {1 800,00 HR
Ton & Over; Including Specialiy & Off-Road No Bfd No Bid
Equipment)
Line: �1
Descriptian: Qty Unit UnitPrite �otal
Fuel 5ystem Maintenance and Repair 600.00 HR
Non-Warranty hourly labor rate (1 Ton & Over; No Bid No Bid
Including SpeciaEty & Off-Road Equipment)
Line: 12
�escription: QtV Unit UnitPrice Total
General Vehlcle Repair (Spring, Misc.)
Automo6ile and O€her Passenger Vehicles
Mainienance {No# Oiherwise Classified) 2000.00 HR
Non-Warranty hourly labor rate (1 7on 8� Over; �140.00
Induding 5pecialiy & Off-Road Equiprrfent) $280,Ofl0.00
Line: 13
Description: Qty Unit UnitPrice Total
Customizing Services, Vehicle (Including
Armoring of Vehicles, Handicapped and Van
Gonver5fons, etc) Non-Warraniy hourly labor 20D.40 HR
rate (1 Ton & Over, Including SpeciaEty & $14�.00 $280,OOD.00
Qff-Road Equipment)
Line: 14
description:
General Maintenance and Repair, Vehicle (Not
Oiherwise Classified) to include Oil Changes,
Lubrication, eic (1 Ton 8� d�er, Includ'mg
Specialiy 8� Off-Roed Equipment}
Unit
2000.00 N R
$140.D0 $28Q,OOO.OD
Line: 15
Description: Qty Unit UnitPrice Total
Autamoti�e Machine 5hpp Services Non-Warranty 400 00 HR
Hourly �abor Rate (1 Ton & Over; Including No Bid No Bid
Specialfy & Qff-Road Equipment)
Line: 1fi
flescription: QtV Uni# UnitPrice Total
Traifer Maintenance and Repair (�fot Otherwise
Classified) Non-Warranfy hourly labor rate (1 700.00 HR
Ton & Over; Including Specialty & Off-Road $14D.Ofl $98,0OO.Oa
Equipment)
IT8 22-00�7 Heavy duty Repair and Services
Page 4 of 52
�ORT WORTH,,
�
Bio so��ci-ra-rioN
Eventl❑ Page
CFW41-22-0017 5
Event Raund Version
1 1
Event Name
TTS Heav Dut Re aar and Service
Start Time Finish Time
12 15 2021 08:00:00 CST 4i 06 2022 13:30:00 CST
Invited: PUBLIC EVENT QETAILS
Submit To: City of Fort Worth
FiNANCIAL MANAGEMENT SERVICES
FWANCE - Purchasing
200 Texas St. (Lower Level, South)
Fort Warth TX i6102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 17
Deseription: Qtv Unit UnitPrice 7otal
Truck and Van Maintenance and Repair (Not
Othern+ise Classified) Non-Warranty hourly 1500.00 HR
labor rate (1 Ton & Over; Including 5pecialty $140.00 $z�a,aoo.oa
& Off-Road Equipment)
Line: 18
Description: Qtv Unit UnikPrice Total
Temperature Repair-AlG, Heater, Radiator,
Ventilation, etc. Cooling, Heating, and
Ventilating System (A/C System, Hoses, Water
Pump, Radiator, Heater & Accessories, 1000.00 HR
Venlilation, etc} (1 Ton & O�er; Induding No Bid No Bid
Specialty & Off-Road Equipment)
Line: 19
Descri tion: qt Unit UnitPrice Total
Vehicle Radio, Speakers, Mainienance and
Repair, including specialty & pff-Road 500.00 HR
Equiprnent Hourly Labpr Rate (1 Ton & Over;
Including Specialty & Off-Road Equipment) No Bid No Bid
L i ne: 20
Descripiion: Qty_ Unit UnitPrice Total
Retrofitting Vehicles ta Reduce Emissians & 700.D0 HR
Irr�prove Air Quality flat rate fee (1 Ton � No Bid No Bid
Over, Including Speclalty & Off Road
Line: 21
Description: Qtv Unit UniEPrice 7otal
Wheel, Alignment, Suspension, Rear End, Etc. 1200.00 HR
Repair Alignment and Wheel Salancing No Bld No Bid
{Including Front-End Repair) fkai rate fee
Line: 22
Description: _ Qty_ llnit UnitPrice Total
5uspensian (Axles, Springs, 5feering, �1c} 1200.00 HR
flat rate fee (� Ton & O�er; Including
Spacialty & Off-Road Equipment} No Bid No Bid
Line: 23
Description: Qty _ Unit UnitPrice Total
Wheel Balancing F€at Fee Rate (1 Ton & Over; 1200,00 HR
Including 5pecialty & Off Road Equipment} Na Bitl No Bid
Line: 24
Description:__ _ QtV Unit _ UnitPrice Total
Wheel Maintenance and Repair Hourly Labor 400.OD HR
Rate (1 Ton & Over; Including 5peciaity & No Bid No Bid
Off-Road Equiprnent)
ITB 22-pp17 Heavy Duty Repair and 5ervices
Page 5 of 52
FOR�r WO��rH-:
_��._
BID SOLICITATION
EventlD Page
CFWO1-22-0017 6
Event Round Versian
i i
Event Name
ITS xea nut Re air and Service
Start Time Finish 7ime
12 15 2021 48:00:00 CST O1 Oo 2022 13:30:00 CST
Invited; PUBLIC EV�N7 D�TAILS
Submit To: City of Fort Warth
FINANCIAL MANAGEMENT
FINANCE - Purchasing
200 Texas St. (Lawer Level,
Fort Warth TX 76102
Un'�ted 5tates
SERViGES
South}
Email; FMSPurchasingRespanses@fortworthtexas.gov
L i ne: 25
Pescription: __ Qty Unit UnitPrice Total
Vehicle ReconditipninglRefurbishing Services 1000.00 HR
Non-Warranty Hourly labor Rate (1 Ton & Over;
Including Specialty & dff-Raad Equipment) $14�.a0 $140,OOD.00
Line: 26
Description: QYV Unit UnitPrice Total
Parts- Cost Plus (+) 30 percent of
NEanufacturers List Price' 300.00 EA
(Apply Mark Up Percentage Bid to $300.00 To $390.00 �117,pOp.00
Obtain Correct Sum. Example: 300 x1�% = 30;
Line; 27
�escription: Qtv Llnit UnitFrice 7otal
Nose Repalrs andlor Replacemenk {Monday 336.00 NR
Friday between 7:30 a.m.— 9:30 p.m)Billed to No Bid No Bid
the nearesi quarter of the hour
Line: 28
Destription: Qtv Unit UnitPrice Total
Hose Repairs andlor Replacement (After hours 336.00 HR
Friday at 9:31 pm - Monday at 6:59 am} Billed No 8id No Bid
to the nearest quarter of the hour
�ine: 29
❑escription: Qty Unit UnitPrice Total
After Hours Field Rate, Mon-Fri 7:00 am -9:3D 1475.OD HR � T
pm' $216.00
$3a9,750.D0
Line: 30
❑escripEion:
Shop Hourly Labor Rate, After Fiours,
Holidays, Weekends
Qtv Unit UnitPrice
1475.00 HR
$217.50
Total Bid Ar�ount:
Total
�320,812.50
�3,315,562.5a
A bid of "0" (zero) will be interpreted by the City as a no-charge {free} item and the City will not expecf #o pay for that item. A bid of "no
bid" or no response (space left blank) will be inierpretec! by the City thai ihe 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 disqualifcaiion of the bid.
ITB 22-0017 Heavy Duty Repair antl Services
Page 6 oi 52
PART - 1
INSTRUCTIONS
1.0 SOLICITATION
1.1 Review of Documents: Bidders are expected to examine all documents that make up the
5olicitation as well as any addendurns. 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 ir� Section 2.0, Part 2. The C�ty assum�s no responsibility for
any errors or misrepresentations that result fram Bidders not using #he completed Solicitatiqn
document and addendums.
�.2 Location of Qocuments: Solicitations are issued by t�e Purchasing Di�isian. The location for
the Purc�asing Division are specified in the advertisement and on the first page of the solicitation.
2.0 E�XPI,ANATIONS, CLARIFICATIONS OR QUESTIONS
2.1 Any explanation, clarification, or question desired by a Bidder regarding any part of the
Solic'station must be requested in writing from the Purcha5ing Division by the question deadline
listed in Section 2.0, Part 2, so that a written addenc€um can be pflsted before #he submission
deadline. Interpr�tations, carrections, or changes to the 5ollcitation made in any other manner
are naf binding upon the City, and Bidders shall not rely upon such tnterpretakions, corrections or
changes. Oral explanations or instructions given before the award of the Contraci are not binding.
22 IN OhDER FOF� QUESTIONS TO BE ANSWERED, ALI, QUESTIONS MUST BE HA�D
DELIVERED OR SEN� BY E-MAIL BEFORE THE QUESTION DEADLINE AN� MUST BE
IDEN�iFIE� AS FO�LOWS:
22.1 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 hicf number is
not included as st�ecffied abo�e, the questionls) will NOT be answered.
2.2.2 Delivery of questions by:
2.2.21 Hand Qelivery — Fort Worth City HaIE, Purchasing Division, Lower Level, 20Q
Texas Street, Fort Worth Texas, 76402.
22.2.2 Via Email -� FMSPurchasinqResponses(a}fartwarthtexas.qo�
22.2,2.1 Please note, if an e-mail confirming receipt of your e-mail is not
recei�ed within 1(one) business day, please contact the City of Fort
Warih Purchasir�g at 817-392-2462.
2.3 Interpretations, corrections, or changes ko the Solicitation made in any other mannsr are not
binding upon the City, and Bidders shall not rely upon such inkerpretations, corrections or
changes. Oral explanations or instructions given before the award of t�e Contract are not
binding.
2.4 Any material information given to one Bidder concerning a Solicitatiors will be furnished by an
Addendum posted on th� Ciiy's website ur�der the carresponding bid number.
3.0 UNAUTHORIZED COMMUNIGATIONS -- Bidders' contact regarding this In�itaiion ko Bid (ITB) with
employees or officials of the City other than the Purchasing Manager, the 8usiness Equity Division, or as
otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement
process. No af�icer, employee, agent or representative of the Respondent shall have any contact or
ITB 22-0017 Heavy Duty Repair and Serv€ces
Page 7 of 52
discussion, verba� or written, with any members of the City Council, City staff or City's consultants, ar
directly ar indirectly through others, seek to influence any City Council member, City staff, or City's
consultanfs regarding any matters pertaining io this solicitation, excepk as herein provided. Any violakion
of this prohibition may result in the Respondent being disqualified from the procurement pracess, Any
oral communications are considered unofficiaf and non-binding with regard to this ITB.
4.D AREBID COfV�'ER�NC� —A pre-bid conference and sike visit will be held at 3:00 PM, Thursday,
December 23, 2021 at City Nall, 200 Texas Street, Roam 380, Fork Worth, TX 76102. Failure to afte�d
khe pre-bid conference will impact a potential Vendor's ability to submit a fiully informed and competitive
bid response. To join the Pre-bid Via Webex, p[ease see Cov�r Page for dekails.
5.0 pR�I�ARA710N OF BIDS
5.1 Each Bidder must furnish all inforrrsation required by khe 5olicifiation in arder fio be evaluated.
Prices or Percent Markups �ubmitted on other than the forms included in the Soiicitation
shall be considered non-resp�nsive. ' � �
5.2 Any attempt to alter the wording In the Solicitation is ineffecki�e and will resul# in rejection of tE�e
Bid.
6.0 QUANTfiES - The quan�ities listed nn the bid solicita�ion are only estimates based on previous usage
and do nok indicake inkent to purchase or a guarantee of iukure businesse The City of Fort Worth is
obfigated ta pay for only those materials and services acfivally ordered by an autt�orized City empiny��
and then received as required and accepted by the City.
7.0 TAXES - Purchases of Goods or Ser�ices for City use are usualEy exempt from City, State, and most
Federal Taxes. Bids may nof include exempted taxes. The successful Bidder should requesk a Tax
�xempfion Certificate frorn khe Purchasing I]ivisinn. Under no circumstances shall the City be liable to
pay taxes for which the Ci#y has an exemption under any Contract.
$.0 D��INI710NS
8.1 Brand Name or Equal; If t�e Solicitation indicates brar�d narrse or "equal" products are
accEptable, �he Bidder may offer an "equal" product and must be prepared ta demonstrate thase
feafures that rendEr it equal. Final determinat�on of a product as "equal" remains wikh the City.
8.2 D�liv�ry iime: DeEivery tEme, if stated as a number of days, will be based on calendar days.
Tirne is of tf�e essence in any City purchase, If khe indicate� date cannot be met or the date is
not indicated, the Bidder shai[ state its best delivery time.
8.3 Free on Board (FOB) Point: Freight Terms shal[ be �OB Dest�nation, Freight Prepaid and
Allowed. This means the Vendnr or Shipper owns goods i� transit and is iiable for delivery to the
poink of destination.
8.3.1 The Ver�dor or Shipper is responsible for filing any clalms with the deli�ering carrier for
breakage or other loss and for any damage resulting from transpnrtation.
8.3.2 7he Bfdder shauld quote its lowest and bes# price, with the gnods delivered to the place
spacified, at the Bidder's expense and risk, and their tender delivery to the City.
8,3,3 Bids offerinq anv other delivery terms are nat accebtable and may be cause fo� rejection.
9.0 PRIC�SIi��RCENiAGL� MARKUF'
9.1 Bid prices and percenkage markup (if appl{cable) si�all be firm offers unless otherwise specified.
Pricin� and percentage markup (if applicable) shall be entered on the Bid Offer 5heet.
9.2 In the e�ent of a discrapancy between unit price and extended price, the unit pric� shall go�ern.
[TB 22-b017 H�a�y Duty Repair and Services
Page 8 of 52
9.3 Pric�s shall be offered in the Dollars of the United States of America (ar decimal fractions
thereof).
10.0 SIGNATURE - The Bidder must provide a wet signature on eacf� document in the Solicitatian requiring a
signature. Any char�ge made to the Bid mu5t be initialed by t�e Bidder.
11.0 PROPRIETARY INFORMATION SUBMITTE� IN THE BID
11.1 All material sufamitted to the City becomes pubEic property and is subject to khe Texas Oper�
Recards Act upon receipt.
11.1.1 If a Bidder does not desire proprietary information ir� the bid to be disclosed, each page
m�tst be identified and marked prpprietary at time of submittal. The City will, to the extent
allpwed by iaw, endeavor to protect such information from disclosure. �f a Public
Information Request is made for Bidder's praprietary informatian, the Bidder will be
notified so that they can submit a letter to the T�xas Attorney General. 7he final decision
as to inforrr�ation that must be disclosed lies with the Texas Atkorney General.
11.1.2 Failure to identify propri�tary information will result in all unmarked sections being
deemed non-proprietary and available upon public request.
12.0 BID PREPARATION CQSTS - AI! costs associated with preparing a Bid in response to a Solicitation shall
be borne by the Bidder.
13.a PAYMENTS
13.1 All payment terms shall be "Nei 3Q Days" from the date the City recei�es a correct invoice.
132 Successful bic�ders are encouraged to register fqr direct deposit payments prior to pro�iding
goods andlor services using the forms pasted on the City's website at
https:llwww.fartworthtexas.qovldepartmentslfinance/purchasin Iq ach
14.0 SUBMfSSION QF BIDS
14.1 Bidders shall sub�'nit tha following items with their bid:
14.2 A completed and signed original 8id 5ubmi5s#on Signature page;
14.3 A completed Bid Solicitatio�.
1�1.�1 Signed Addendum(s) acknowledging rece€pt.
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 Pidder's Principal Place of Business, At#achment B, if
applicable;
14.8 A completed 8idder's Contact �r�formation Form, Attachment C;
14.9 A completed Bidder's Qualification Questionnaire, Attachment D;
14.10 A cornpieted S�sines5 Equity Utiiization Farm, Attachment G;
14.1�.1 The Letter of Intent (Onfy if the Prime Vendor submits a good faith effort). Attachment H;
ITB 22-0017 Heavy Duty Repair antl Services
Page 9 of 52
14. � 1 Documentation and certificatio�s necessary to perform work on City vehicles and equipment, This
includes all aertificaiions, such as #he National Institute for Automotive Service �xcellence (AS�)
or Manufacturer required training, which quapfies the vendor to perForm said work.
14.12 Lisf of materials, tools and equi�ment necessary to perForm repairs to city vehicles and
equipment.
14,13 Scanned copy of alf documents listed in paragra�h 14, � in flash drive.
1A�.1A Documentation showing company has been in the market place for a min[mum af #wa years (i.e.
Secrekary 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 includ� fhe following items.
14.15.1.1 Company ietterhead, incfuding contact information.
14.15.1.2 �umber of years working with Firm.
14.95.1.3 Brief explanatian of customer's saiisfaction and recammendafion of Firm. Please
provide a rating of 1-5. One (1) being unlikely to �ecammend and unsa#isfied, and
five (5) being highly satisfied and highly recommended.
14.15,1,4 Brief explanation on likeliness ta work with Firm again. One (1) being unlik�ly to
contjnue to use Firm an� five (5) highly likely to use Firm again.
14.2 Any other dacurr�ent included in the 5olicifatian requiring campletinn nr �x�cution by th� Bidder.
1A�.3 Failure fo submik all the ikems listed In Seckian 14.2, Part 1 will be graunds for rejection of a bid as
non-responsive to the specifications.
15.0 LATE �iDS
'f5.1 Bids must be received in the Purchasing �ivision prior to the bid submissfon deadline. All Bids
recei�ed after the submission deadline are considered late and will be returned to fihe Ridder
unopened.
15.2 Purchasing's time siamp clock is the official time of record. However, if the time stamp is not
auailable or broken, the date and kime written on the bid receipt by Purchasing skaff shall be the
kime of record.
15.3 It is the sole responsibility of the Bidder to ensure kimely delivery of the Bid ta the Purchasing
Di�ision. The Clty will not be respansi�le for fiailure of service on the part nf the U.S. Pnstal
Office, cnurier compani�s, or arty other form of delivery service chasen by the Bidder to deliver
before the bid due date and time.
15.4 Bids delivered ta a Ciky location other than the purchasing Di�isian will not be considered. The
Bid must 6e received by the Purchasing Division and stamped before deadline kn be cansid�red.
16.4 M4DIFICATION OR WITHDRAVIIAL OF' �IDS
1fi.� Modificafion of Bids: Bids may be modified in wri�ing at any time prior to the bid submission
deadline.
16.2 Withdrawal of �iids: Bids may be withdrawn in writing, or by facsimile (prnvided that the
facsimile is signecE by the Bidder) at any �ime prior to the bid submission deadline. A Bid rriay
also be withdrawn in persan by a B�dder, pravided the wikhdrawal is made prior to the bid
submission deadline, A receipt af wfthdrawai must be signed by the Bidder. No Bids may be
ITB 22-DQ17 Heavy Duty Repair and 5srvices
Page 10 of 52
witi�drawn after the bid submission deadline without forFeiture of the 8id guarantee, unless there
is a ma#erial error in the Bid. Withdrawn Bids may be resubmitfed, with or wiihout modificakions,
prior to the bid submission deadline. The City may require proof of agency from the person
withdrawing a bid.
17.0 OPENIfVG O� BiDS
The Purchasing Division representative responsible for openir�g Bids shal! personal�y and publicly open
ail Bids kimeiy received, reading each bid aloud,
18.0 �VALl1ATlON FACTORS AND AWARE}
18.1 �ualuation; Bidders may furnish prici�g far all or any poriion af khe Solicitation (unless ofherwise
specified}, F[owever, the City may eval�ate and award the Contrac# for any iiem or group of items
shown on the Solicitatian, or any combination deemed most advantageous to the City. Bids that
specify an "ali or none" award may be considered �f a single award is advantageaus.
18.2 Award. The Me#had af Award is detailed in Section A�, Part 2. (Note: A Bidder that does nat earn
at I�ast 50% of the technical painfs will be deem "non-respansive" and will not be awarded a
contract.)
18.3 Acceptance and Award of Bid: Accepiance and award of a Bid will be in the form of a Purchase
Order or a Gor�tract. Subsequent Purchase Ord�rs may be issued as appropriate. The contents
of a Bid Respnns� shall become a part of the Contract. Under no circumstances will the City be
responsible for Goods or Services provided withaut a Purchase Order issued by the City.
19.0 RESERVATIONS � The City expressly reserves khe right to:
19,1 Specify approximate quantities in the Solicitakion;
19.2 �xtend khe Solicitatian opening date and time;
19.3 Consider and accept alternate Bids, if specified in t�e Solicitation, when most ad�antageous to
the City;
� 9.4 Waive as an infarmality, minor deviations from specifications prnvided tf�ey do nok affect
competition or result in functionally unacc�ptable goods or ser�ices;
19.5 Waive any t�inor informality in any Bid or Solicitation procedure (a minor informality is one that
daes not afFect the competikiveness of the Bidder);
19.6 Add additior�al terrns or modify existing terms in the Sollcitation before the bid submission
d�adline;
19.7 Reject a bid b�cause of unbalanced unit prices bid;
19,8 Reject or cancel any or all Bids;
19.9 Reissue a Soficitation;
19.10 Pracure any item by other means; andlor
19.11 Award to multiple vendors or� a non-exclusiue award basis, or pritnary and s�condary vendors.
IiB 22-qD17 Haavy puty Repair and Services
Page 11 of 52
20.0 POST-BID DOCl1M�N7S REQUIRED �ROM BIDDERS
20.1 Certificates of Insurance: When tnsurance is reqUired, the successful B'�dder must pro�ide
Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office
within 14 calendar tlays after notification of award, or as oiherwise required by the Solicitation.
20.2 Bus9ness �quity Division Documents: If a Business Equity goal has b�en established for the
bid, the applicable documents must be submittec{ by all bidders wishing to continue in the b�d
evaivation process within two (2} Ci#y business days after the bid opening date, exclusive of the
bid opening date, to the City locatian specified in the bid. Bidders shall obtain a receipt from the
appropriate department as evidence that tl�e Ciiy received the documentation.
20.3 Certifiicate of interested Parties Form 1295: If th� Purchase Agreement rnust be approved by
the City Council before execution, the successful bidder is required to complete the Certificate of
fnterested Parties Form 1295 and submit fhe form to th� Purchasing contact listed in the
solicitation before the purchaselcontract will be presented to the City Counc�l. The form may be
compleied at h#tps:llwww,Tethics.state.tx.us/whatsnewlelf infa form1295.htm.
21.0 PROTEST PROCEDURE
21.1 Vendors who respond to In�i�ations to Bid have the right to protest the 5olicitation prpcess or the
bid award if they belie�e that there has been any irr��ropriety pr unfair criteria in the process.
21.2 The Vendor must submit any protest in wt-iting to the Purchasing Manager within 14 days after the
V�ndor knaws, or should ha�e known, of the facts relafFng 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-rnail qr in person meetings with the protesting
Vendar.
21.4 After discussions or meetings, fhe Purchasing Manager or designee wili issu� a decision in
writing, state the reasons for the action taken and infarsn the pratesting Vendor of the right to
review by a panel mad� �ap of City staff.
21.5 A C'Fty �rotest re�iew pan�l will consist of an Assistant City Attorney, a representative of the
operating de�artmenf, the Purchasing Manager and any pther appropriate personnel ar
employees of the aperating departrnent.
21.6 If the panel is unable to resolve the protest, or if the panel makes a decision witY� which ihe
Vendor daes nat agree, the pratesting Vendor will be in�ited to attend the City Council meeting at
whicF� the recommended award is ko be presented tp the City Council and make known hislher
concerns. The protesting Vendor wil! be inskructed to arrive prior to the start of the City Council
meeting and complete a carci reques#ing 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 be�ore City Council located at:
http;llfortworthtexas.qo�lciiysecretarylinfo/default.aspx?id=2914 on ti�e City's website.
22.0 CDOPERATIVE PURCHASING
22.1 S}�ouid other go�ernrr�ental 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 ext�nd th� resulfing contract to other governmental entities, khe
following shall apply: Governmental entities within utilizing Contract5 with the Ciky of Fort Warth
shall be eligible, but not obligated, to purchase materiallservices under this contract(s) awarded
ITB 22-0017 Heavy Duty Repair end Ser�ices
Page 12 of 52
as a result of this solicitafion. All purchases by governmental entitEes other than the City of Fort
Warfih shall be bi[!ed directly fo t�at governmental entity and paid by that goverr�menfal entiky.
The City of Far� Worth shall nat be responsible for anot�er governmenta] entity's debts. Each
governmental entity shall order ifs own materiallservices as needed,
23.0 RIGHT TO INVENTIONS MADE UND�R A CONTRACT OR AGREEMENT
If the Federal award meets the definition ofi "fu�ding eCFR — Code of Federal Regulatians agreement"
under 37 CFR §401.2 (a) and fihe recipient or sub recipient wishes to enter in#o a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or perFormance of
experimental, de�elopmental, or research work under that "funding agreement," khe recipier�t or sub
recipient must camply with the requirements of 37 CFR Part 4D1, "Rights to Invenfiions Made by Nonprofit
Organizations arod Smal! Business Firms Under Government Grar�ks, Contracts and Cooperati�e
Agreemenfs,° and any implementing regulations issued by the awardir�g agency.
24.0 DEBARMEN� AND SIJSPEfV510N
Per Execuiive Orders 125�9 and 12689, a contrack award (see 2 CFR 180.220) shall nok be made to
par�ies listed on the go�ernmen#-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 thak ir�plement Executive Orders 12549 (3 CFR part
1986 Comp., p. 'i 89} and 12689 {3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 5AM
Exclusions contains the narnes af parkies debarred, suspended, or otherwise excluded by agencies, as
well as parties deciared inefigible under statutary or regulatory autharifiy other than Executive Order
12549.
25.0 CLEAN AIR ACT AND FE�ERAL WATER pOLLU710N CONTROI. ACT
Vendor shall comply with all applicable standards, orders or regulations issued pursuant to fhe Clean Air
Ac# (42 U.S.C, 7401-7671 q) and fhe Federal Water Pollution Contro! Act as amended (33 U.S.C. 1251-
1387}. Violations must be reported to #he Federal awarding agency and the Regiona[ Office of the
�nvironmentai Pratection Agency (EPA).
26,0 BYRD ANl"I-LOBBYING AM�NDMENT,,(31 U.S.C. '13527
Vendor shafl comply with all applicable standards, arders or reguEations 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 musf be reparted to the Federal awarding agency and the Regional Office of the
Environmental Prokection Agency (�PA).
26,1 Firms that apply or bid far an award exceeding $100,QOOAO must file the required certificatian.
Each ti�r certifies to the tier above thak it will nat and has nnt usec� Federal appropriated funds to
pay any person or organ[zation for i�fluencing or aktempting to influence an officer or empioyee of
any agency, a member af Congress, o#ficer or employee of Congress, or an employe� of a
member of Congress in cannection with obtaining any F�deral contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclase any lobbying with non-Federai funds
that takes place in connection with abtaining any Federal award. Such disclosures are forwarded
from tier to kier up to the non-Fecl�ral award.
26.2 Bidders shall provide proof of Byrd Anti-Lobbying Arr►endment cer�ificatinn filings with their bid, if
fhe bid exceeds $100,000.00.
27.D PROHBITION ON BOYCOTTING EN�RGY COMPANf�S
Vendor acknowledges that in accordance with Chapker 2274 of the Texas Government Cade, as added
by Acts 202�, 87t� Leg., R.S., S.B. 13, § 2, the City is prahibited fram entering inko a contracf #or goods or
services fhat has a val�e of $1DO,DQO or more that is to be paid wholly or partly from public funds af the
Ci#y with a company with 10 nr more full-time employees unless the cantract conta[ns a written verificakion
frnm the company that it: (1) does not boycott energy companies; and (2) will nok baycott energy
companies during the term of the cnntract. The terms "�aycott energy company" and "eompany" have
IiB 22-0047 Heavy Duty Repair and Services
Page 13 of 52
the meaning ascribed to those kerms by Chapter 2274 of the Texas Government Cnde, as added by ACts
2021, 87th Leg., R.S., S.B, 13, § 2. To th� extent thak Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Vendor certifies tha# Vendor's signature
pro�ides written verification to khe City that Vendor: (�} does nnt boycotf en�rgy companies; and (2) wi]!
not boycott energy companies during the term o# this Agreement.
28.4 PROHBITION ON DISCRIMINA7101� AGAINST FIR�ARM AND AMMUNITION INaUSTRIES
Vendnr acknowledges that except as otherwise provided by Chapter 2274 of the Texas Gavernment
Code, as added by Acts 2021, 87kh Leg., R.S., S.B. 19, § 1, the City is prohibite� from �ntering into a
contract for goods or services that has a value of $100,OOD 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 vnless the contrack contains
a written verification from khe company that it; {1) does not have a prackice, policy, guldance, or directi�e
that discriminates against a firearm �ntity 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 associatinn" have #he meaning ascribed to those terms by Chapter
2274 0� the Texas Gnvernment Code, as added by Acts 2021, 87th Leg., R,S., S.B. 19, § 1. Ta the
extent that Chapker 2274 of the Governmant Code is applicable ta this Agreemc:nt, by signing this
Agresrnent, Vendor certifies thafi Vendor's signature provides writfen verif�cation to the City that Vendor:
(1) does not ha�e a prackice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade associakion; and (2) will not discriminate against a firearm entity or firearrn trade association
during the term of this Agreemenk.
ITB 22-0017 Heavy Duty Repair and 5ervices
Page 14 of 52
PART-2
DETAILED SCOPE OF SERVICESISP�CIFICATIQNS
� .a sco��
1,1 ihe Ciky of Fort Wor#h (City) seeks bids ta finalize annual agreements with multiple vendors for
repair ser�ices for Ciky-owned heavy duty vehicles, lawn, and marine equipment and to establish
an Annua] Agreemenk to pro�ide Original Equipment Manufacturer (OEM} Authorized Service and
Endependent Servica Facilities Agreement for the ProperEy Management Departmenf (PMD) as
s�ecified in this In�itakion to Bid (ITB,)
1.2 The successful bidder(s), known hereafter as "Contractors"1°Corttraciors," wi�l be responsible for
perforrn heavy duty �ehicle repairs and services far appraximately 3,000 on road and �,600 of-
road vehicles and equipment,
1.3 The Term af the agreement shall begin on the date stat�d in the contract (" Effective Date) and
shall expire one year from the �ffecti�e date, unless ferminated earlier in accordance with the
provislons of kh�s Agreement. This agreement may be renewed under the same terms and
conditions for four (4) addi#ional one-year periods, unless khe Contractor pra�ides the other party
with nokice of non-renewal at least 60 days before the expiration of the initiaf term or renewal
period.
'E.4 The Property Management Department (!'MD} shall utilize this Agreement for service, repair,
maintain and purchase of parts for a �ariety of hea�y duty vehicles, lawn, and marine equipment
and for a variety af manufacfiurers in the City fleet an an as needed basis.
1.5 Foflowing the awarcf additional services of the sam� g�neraE category that coulcE ha�e been
encompassed in t�e award ot this Agreement, and that are not already on the Agreement, may
be adcEed based on the discoun# bici and prEce sheet provided with khe bid.
1.6 Unit prices shall include a]! costs associated with the specified work, including but nak limited to
handling, delivery, fuel charges, fees and certifications fees. No addifional charges will be
accepted or paid by the City.
�.7 All items supplied resulting fram this bid shall be of recent production, unused, and suitable for
their in#ended purpose.
1.8 7he submission of a bid by the bidder shall be considered evidence of compliance with these
rec�uirements.
2.0 TENTATfVE SCF]EDUL�� OF EVENTS
TA,�K DAT�
fT6 Release Dake necember 15, 2021
Pre-Bid Conference Qecember 23, 202'i 3:00 PM
Deadline for Queskions December 27, 2021 at 5PM
L.ocal Time
Answers Pnsted becember 3�, 2p21
1TB Responses Due Da#e AT 1:30 p,m, (Lncal January 6, 2a22
Tirne
ITB 22-0017 h#eavy Duty Repair and Serviaes
Page 95 of 52
Recommended Vendor Selection Januar 2022
Ma or and Council Consideration Fe�ruar 2022
Contract Execution March 2022
3.0 CHANGE IN COMPAEVY NAME OR OWI�ERSFifP - 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 nf ih� company or aukhorized official must sign tf�e I�tter. A letter
indicating changes in a company name or ownership must be accompanied wikh supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change, copy of
the board of director's reso�ution approvEng the action, or an executed merger or acquisition agresme�t.
Fail�re to do so may adversely impact future invoice payments.
4.0 M�THOQ OF AWARD
4.1 Bids will first be evaluated based upon bids recei�ed from a responsibfe bidder that presenks the
best value to the City, A responsible bidder is defined as a bidder that submiks a completed bid
package within the stated deadline and in accordance with the �id specifications.
4.2 Bids that do not receive 5�% or more of the total a�ailable points, exc�uding the po�nts for price,
will 6e deemed nan-responsive.
4.3 The following criterfa will be used to determine the best �alue:
4.3.1 Cost of service — up to 50 points.
4.3,2 Availability of resou�ces to perform services, with qualitied personnel per section 5,0 — up
to 2Q points.
4,3.3 Contractor's qualification and certification per secfion 6.0 — up to 10 poinks.
4.3.4 �xperience working with go�ernmentlsimilar size organization — u� to 10 points.
4.3.5 Ability to mee# the Business Equity goal nf 23%— up to 10 points.
4.4 In order for the City to receive adequate co�erage on its requirements as specified in the
solicitation, the City reserves the right to make multiple awards.
4.5 l"he City reserves the right to accept or reject in whole or in part any or all bids receiued and to
�nake an award on the basis of individual item, combination of it�ms, or o�arall bid, as it is
deemed in the best interest of the City. 7he City also reserves the right to reject fhe bid of a
bidder who has previously failed to perfarm properly or complet� on time agr�ements of a simi[ar
nafure.
4.6 The City reserves ar�d shall be free to exercise the right to evafuate bid in relation to performance
record of bidder wikh the City ikself, anather municipal corporation oF like size, or private
corparations during the past fiwo-year perind. Such precautions are deemed to be in fihe public
interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can
create emergency situations and impose unnecessary hardship nn bnkh the City as a municipai
corporation and the public at large.
4,7 The evaluation factors listed abo�e will be applied in a comparative manner to ail eligible,
responsive bids. Award rriay be made wi#haut discussian with Bidders after bids are received.
Bids should, therefore, b� submikt�d on the most favorable terms.
4.8 Consideration of Location af Bidder's Principal P�ace af Business, Atiachment B, if applicable;
ITB 22-0017 Heavy Duty Repair and Services
Page 16 of 52
4.8.1 If Attachment B. Lacal Preference is compfeked by any bidder the City will review khe
Attachment to determine whether local preference wiEl apply to the award.
4.9 T'he City also reserves the right ta reject the bid of a bidder who has pre�iausly failed to perFarm
properly or complete on fiime agreements of a similar nature.
5.0 CON7RAC70R R�QUIREMEN�S IN ORDER FOR TH� BfD TO B� EVALUAT�D
5,1 The Contractor shall:
5.1.'[ Have a minimum of 2(two) years of experience conducfing services similar or r�lated tn
the Scope of Services.
5.9,2 Have and operake a full-time, permanent business address with the ability to be reached
by email and telephone.
5,1.3 Documentation and cer�ificatians necessary to perform work on Ciky 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 woric.
6.� CONTRACTOR RESPONS]BIL�IES
6.9 Confiractors shal] provide pricing on parts and labor far the ser�ices and a list of brands pro�ided
on the attached Bid Solicitation pages of this ITB.
6.2 Contractnr shall provide unit prices for listed items. Unit prices shal] include all associafed costs
uniess specified in Proposals 5olicitation Page, not limited to delivery, fuel and handling charges,
No additional charges will be accepted or paid by khe City.
6.2.1 The City will ensure that �ehicles will have a minimum of a quarter (�14)
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 transpnrtatinn fees, if any. There are no
guarantees the Ciky will accept or held financ�ally or liable for costs outside of labor and materiafsl
�arts if the submitted pricing is deemed excessiue by the e�afuation panel,
6.4 Con#ractors shall furnish pro�ide documentatian on fiheir personnef authorized ta per€orm work on
Ci#y vehicles and equipment. This includes all certifications, such as the Nationa! Institute for
Automotive 5ervice Excellence (A5E} or Manufacturer required fraining, which qualifies the
vendor to per�orm said work. All licenses, permits, insurance and any ofiher documentation that is
required by local, state andlor federal agencies are to be maintained during the term of this
contrack.
6.5 Confractors 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 Cnntractors shall perform work using the most up to date and appropriate me�hods available for
said work under indusfry standards. This includes, but is not limited to, all suitable repair
equipment ar�d parts fia [nsure the satisfactory execution of any repair or installation.
6.7 Contractors shali responci and supply requested materials or seivices required during regular
business hours within the respanse time (DELIVERY) from receipt af requ�st in the proposals
solicitation page or less inc�uding shipment by mutual agreemenk form the time original request
is made.
l7B 22-0017 Heavy Duty Repair and Seruices
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-arnund is critical to City opera�ians. Additional
fees for priority services are prohibited.
7.0 HOURS
7,1 Contractors shall respand to a work order within 24 hours af notification.
7.2 Contractars shall deliver comp[eted vehicles to the Fleet Service Center, Monday through Friday
between 7:30 a,m.— 9:30 p.m. unless expressly aufihorized by #he Fleet Service Center
Supervisor(s) or their designee. Any deviation from this timeframe shall requ9re written approval
fram the Fleet Service Center Supervisor{s) or their designee,
8.4 AF7ER HOURS
8.1 After hours shall be considered from Friday at 9:31 pm khraugh Monday at 6:59 arn, holidays and
weekends.
9.0 PARTS
9.1 All parts utilized in repairs, replacerrEents or installakions an Ciky �ehicles 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 Fleefi personnel prior to being
utilized by a �endor.
9.2 Vendor shaif warrar�ty andlor guarantee all wnrk and products supplied under this Agreement
against any defects in design, workmanship, materials and failure to operake satisfactorily, �ach
produck shall be constructed to the highest induskry standards. Producks 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 cosk plus (�) far parts. The cost should 6e a�ailable for review by the City
as reques#ed. There are no guarantees the City will accept or held financially or lia�le for costs
outside of labor and materialsl parts if the submitted pricing is deemed excessi�e by the
e�aluation panel.
ITB 22-OQ17 Heavy Duty F2epair and Services
Page 1 S of 52
10.0 l�[V�NTORY QF ASS�TS
10.1 Assets that may need repairs and services but are not limited to, the inventory listed ba�aw:
Up to 3,000 on-road and 1,60Q off -road vehicles and equipment including, but not
limited tn:
Types of Manufacturers
E ui ment
Fire Tracks Allison Mazda
Dump Trucics Altec Mercedes/ �printer
Heavy-D�tty Artio Cat Meritor
Trailers Aquatech Metro
Bucket Trucks Bendix Mitsubishi
O�f Road Big Tex Muncie
Equipment BMW National Crane
Trans�er Champion New Holland
Trucl�s Chevy Nissan
Motor Hames Cuminins Onan Generafars
Fue1 Trucks Custom- Chris Triin Pe#erbilt
Water 'Fankers Custom- Lawhon Pierce —. Fire Apparatus
Container Custom- Tommy Gate Pioneer
Trucics Custo�n- Youngs Pipehunter/ Jeteye
Sewer Delta Rigging Frogard
Equipment Detroit ROM Corp
Dodge Rosenbauer
�cid other poosan Spartan
related types o� Duetz Spitzli�t
equipment aver Eaton Sterling
1 ton E-One Tennant
Ford Terex
�'xeightliner Texas Steer
Honda Toyota
Hyundai Tracker
International Twister
Interstate �'rai�ers Vac-Con
Isuzu Vactor
JCB Verneer
Jeep Versalift
JLG Volvo
John Deere — Green (AG} WABCO
Kawaski W acicer
Kenworth Whelen
Kobelco Ya�naha
KTM Zodiac
Kubota and oth�r related
Mack manufacturers over 1 ton
M&D
[TB 22-0017 Heavy �uty Repair and Seruices
Page 99 of 52
11.0 ESTIMATES
11.1 Vendor shall be required fo provide written or eleckronically produced eskimates to PMD Fleet
p�rsonnel before the start of any wotk. The estimates musk 6e emailed to the PMD F{eet
employee(s) andlor PMD Fleet facility location who requested the services tn be compfeted.
11.2 Estimakes shall be approved and aut�orized by F'MD Fleet personnel in writing via email �riar ka
work �eing perfiormed, Verbal approvals should not b� consid�red.
91.2.1 F'leet shal] create necessary work order for tracking,
11.2.2 Vendor shall be natified, via email, of repairs needed andlar diagnosis from F[eet,
11.2.3 Vendor shall identify the repair direction and sha[I email an estimate with specific details
of the repairs needed regardless of warranty ar non-warranty.
19.2.4 Warranty and billable repairs shall 6e on separake estimate(s) and invaicing in ALL
cases.
1'E.2.5 Fleet shall docurr�ent khe approval and shall update the work order detailing a!I
communica�ions and repairs with denial or appro�al information.
11.2.6 PMD Fleet shall issue a purchase order for billab]e repairs via email. Repairs are NOT to
be per�ormed until a purchase order has been issued in writing from PMD Fleet Division.
This ensures proper tracking and documentation are in piace for the Vendor and the City.
11.3 Finaf submitted invnices submitt�d to the City for work performed should always match the final
estimate received by the City. A�I revised estimates must be approved in wriking prior ta billing.
11.4 If City �ehicle or equipmenk is serviced by a Vendor for warranfy work, an eskimake provided by
th� Vendor to the City shalE state `Warranty 5ervice'.
11.5 All estimates provided by �endors will be quoted on a`time and materials' basis, adherence ta the
agreed upon contract rate(s) and itemized to Ellustrate khe cost of each of fihe foflowing, if
appEicable ta the servica or work performed:
T 9.5.1 �stimates shall include number of and cost of part(s) to be instafled.
11.5,2 Estimates shall include cast af labor to perform repair andlor installation; itemized by
number of labor hours per labor line.
11.5.3 �stimates shall inc[ude itemized inspectionldiagnostic fees.
1�.5,4 Transportation fees, if any, for pick-up or delivery.
11.5.5 Miscellaneous shop fees will no� be allowed. i"his should be considered when bidding
a�p[icable costs in the other time and materials ca#egories.
11.5.6 Travel charges for mobile ser�ices can be considered and should be itemlzed. 5tandard
flat fea will not be cnnsidered.
11.6 Fleet shall create necessary work nrders for kracking.
11.7 Cantractar shall be notified, via email, of repairs needed andlor diagnosis from PM� Fleet,
11.8 All estimates provided by Vendors will be quated on a'time and parts' basis, adherence to the
agreed upon contract rates and itemized ta illustrate the cost of �ach of the following, if applicable
ko the service ar work perFormed: cost of part(s) to be installed, cost of labor to perform repair
�T8 22-0017 Heavy Quiy Repalr and Services
Page 20 of 52
anc4lor installation, inspection, diagnostic fees; itemized by labor hours except when estimated as
a turnkey projectljob.
11.9 Ver�dor shall identify the repair direction and sha1� email an estimate with specific details of the
repairs needed regardless of warranty or non-warranty.
11.10 Warranty and biNable repairs shall be on separate eskimate(s)1 in�oicing in ALL cases.
11.11 PMD Fleet shall document the appro�a! and shall update the work order detailing all
communications and repairs with denial or appro�al tnformation.
1�,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 untll a purchase order has been issued in writing
from PMD �leet. This ensures proper tracking and documentation are in place for the Vendar and
the City.
11.13 Vendars si�all send confirmation and a cost estimate tp the Fleet Ser�ice Center Supervisnr(s) or
designee within 24 hours of recei�ing a lisk of equipment for inspection and testing.
11.14 Fleet Service Center Supervisors or designee will pravide written authorizaiio� to proceed
with th� inspec#ion and testing after evaluating the estimate. Vendors are not authorized to
proceed with inspeckion, testing based on �erbal authorizatipns and a5sumes all liability and
responsibility for inspect�on, and testing performed based on such �erbal authorizations.
11.15 Vencfors will be required to provide writien estimate5 ta Fleet Service Center Supervisors
or designee personnel before the start of any work. The estimates may be emailed to the
Fleet Service Center Super�isors or designee who requested the ser�ices to be completed.
11.16 Estimates must be approved and authorized by City Fleet 5ervice Cen#er 5upervisors ar
designee personnel in writing (email, fax or written) prior ta work being performed. Original
invoices subrr}itted to the City for work performed cannot be greater than initial estimate
provided unaess appro�ed by Fleet 5ervice C�nier Supervisors or designee in writing.
11.16 Ef during the course of the originally estimated repairs, it is noted that further repairs will be
needed, a revised estimate musi be preparec� by Vendors for the additional work.
11.17 Estimates provided by vendors shall state `Warranty Service' if City vehides or equipment will be
serviced for warranty work.
12.0 fNVOICING R�QUIREME�fTS
12.1 The City of Fart Worth has begun imp�ementir�g an automated invoicing sy5tem.
12.2 7he Contractor shall send in�oices electronically to our centra[ized Accounts Payable depariment
in�oice email address: su lierinvoices fortworthtexas. ay. This email address is not monitared
so please do not send correspondence to this email address. The sole purpose of the supplier
�n�oices email address is to receipt and process supplier irtvoices.
12.3 Please �nclude the fo3lowing art the subject line of ypur e-mail: �endor name, invpice n�rnber, and
P� number, separated by an underscore (ex: Example, Inc._123456_FW013-OOD0001234)
92.4 To ensure the 5ystem can successful{y process your inuoice in an expedient manner, please
adhere to the foliowing requirements:
• All invaices must be either a PDF or TIFF format.
. Image quality must be at least 3Q0 D�I {dpts 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
Paga 21 oT 52
• One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable
but each i�voice must be a separate attachment.
• Please do not send handwritten in�aices or in�qices that contain handwritten notes.
• Dot matrix invoice format i5 not accepted.
• The invoice must contain t�e following informat'Eon:
• Supplier Na�ne and Address;
• Remit to Supplier Narr�e and Address, if different;
• Applicable City Department business unit# (i.e. FW013}
• Complete City of Fort Warth PO number (i.e. the PO nu�ber must contain all
preceding zeros);
• In�oice number;
• ln�oice date; and
12.5 Invoices should be submitted after delivery of the goods or services.
12.6 To pre�ent in�oice processing delays, please do npt se�d invoices by mail and email and please
do not send the same invpice more thar� once by email to su I�erinvoices fortwortf�#exas. ov.
Ta check o� the status of an invoice, please contact the City []epa�tmeRt ordering the
goodslservices or the Cenkral Accounts Payable Departrnent by email at:
ZZ FIN AccountsPaWable a(�.fortworthtexas.qo�.
12.7 If you are unable to send yout' invoice as outlined above at this time, please send yo�r 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.$ If electranic in�oicing is no� poss}ble, you rnay send your paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payabls
200 Texas Street
Fart Wor�h, Texas, 76102
12.9 The City's goal is to recei�e 100% of €n�oices �lectronically so that all supplier payments are
processed efficiently. Ta achie�a this goal, we need the Cantractor's support,
12.10 lf Contractor has any questions, p�ease contact the Accounts Payable team at (817} 392-2451 or
by email to �� F1N AccountsPavable(c�fortworthtexas.qov.
�2.11 Contractor shall not include Federal, State of City sales tax in i#s invpices. City shall furnish a tax
�x�mption certifica#e upors Vendor's request.
13.0 HAZARDOUS CONDITIO�S
The Vendor is required to notify the City immediate�y of any hazarcious conditions andlor damage to City
property.
14.0 UMT PRICE ADJUSTMENT
14.1 The unit prices may ba adjusted for increases or decreases in Vendor's cost during the renewal
period but before the effecti�e date of t�e renewal upon writien 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 pro�ide written proof of cast increases with price
adjustm�r�t request.
14.3 [f the City concludes that the rate increase being requested is exorbitant, the City reser�es the
right #o adjust the rate request, or reject the rate request in iis entirety and allow the contract to
ITB 22-Q017 Heavy Duty Repair and Services
Page 22 of 52
expire at the end nf th� cnntract ferm. If the City elects not to exercise the renewal option, the
Purchasing Di�ision will issue a new solicEkation.
14.�4 Prices bid shal3 remain firm for each one-year ferm of the Agreement and shall include all
associated freight and delivery costs.
14.5 Prices offered shall be used for bid anaaysis and for Agreement pricing. In cases of errors in
extensions ortotals, the unit prices ofFered will go�ern.
14.6 Upon expiratfon af the Agreement term the successful bidder, agrees to hold over under the
terms and conditions of t�is Agreement for a reasonable period of kime ta allow the city to re-bid
an agreemenk, not to exceed ninety (90) days. Vendor will be reimbursed for this service at the
prior agreemenf rafe(s). Vendor shall remain obligated to the City under all clauses of this
Agreement that expressly or by th�ir nature ext�nds beyond and survives the expiration or
ferminaiion of fhis Agreernenk.
14.7 Goads arrdlor services shaEl not be suspended by the Vendor without a 30 day prior writ#en notice
to the City.
�5.0 LAWS, REGULATIONS, Af�D ORDINANCES
The Vendor shai! be responsible for meeting al] 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, environmen#, and praperty. This includes, but is nok limited ko, al! Federal,
State, County, and City Agencies, Administrations ar�d Commissions such as the Environmental
Proteckion Agency (�PA), Occupational Safety and Health Administration (OSHA}, and the Texas
Commission on ��vironmentai Quality (TCEQ). In the event any law, r�gulation or ordinance becomes
effec#ive after the start of this Agreement, the Ver�dor is required to comply with new poEicy. Any
mandates requiring the City to comply with new guidelines will alsa require the Vendar ta comply.
16.0 PERFORMANCE
Failure of the City #o insist in any one or more instances upon performance of any of the te�ms and
conditions of this Agre�m�nt shall not be construed as a waiver or relinquishment of the future
perfarmance of any kerms and canditions, but the Vendor's obligation with respect to such performance
shall continue in full force and effect.
�7.0 COMAI.AlNTS
37.1 Complaints processed through the City Purchasing Division are to be correcked within fourteen
(14) days ot formal natice of complaint. Written response to the Purchasing Division is required.
17.2 Failure ta properly resol�e complaints wifhin th� fourteen (14) calendar day time period may
result in the cancellation of the applicable line item(s) in the price agreement.
�8.0 SUBCONTRACT[NG
No subcontracting of fihe work under this �urchase will be a�lowed withouk written permission from the
City,
19.0 CONTRACT ADMINISTRATION
19.1 Contract administration will be performed by the City C7eparkment. In khe evenk the Vendor fails to
perform according to the terrr�s of the agreement, The Department head ar hislher designe� will
notify the Vendar, in writing, of ifis fail�res. A meeting may be arranged to discuss the Vendor's
d�ficiencies. A writken cure notice may be prepared giving the Vendor 14 calendar days to cur�
any deficiency.
[TB 22-0017 Heavy Duty Repalr and Services
Page 23 of 52
19.2 In the event the Vendor continues wi�h unsakisfactary performance, th� d�partm�nt will promptEy
notify the Purchasing Manager who will take appropriate action ko cure the per€ormance
problem(s), which could include cancellation, termination for convenience or default. If the
agreemenf is t�rminated for default, the Vendnr may be held liable for �xcess cost.
19.3 The Vendor will be paid only fihose sums due and owing �nder the agreemenfi for services
satisfackorily r�ndered.
19.4 The City reserves the right tn terminate this agreement, or any part hereof, for Ets sole
convenience. In the e�ent of such t�:rmination, the Vendor shall immediately stop all work
hereunder and shall immediately cause any and ali of its suppliers and subVendors to cease
work. Subject to fhe �erms of this agre�ment, th� Vendor shall b� paid a p�rc�ntag� af the
agreement price reflecting the percentage of the work performed prior to the notice of terrrsination,
p[us reasonable charges the Vendor can demonstrate kp the satisfaction of the City using its
standard r�cord keeping system, ha�e resulted from the #�rmination. However, in no event shall
fhe total of all amounts paid to the Vendor exceed the agreement price. Thre Vendor shall noi be
reimbursed far ar�y profits which may have been anticipated, but which have not been earned up
to the date of termination.
20.D BUSINESS EQUITY GOAL
20.1 The City of Fort Worth impfemented the Business Equi#y Ordinance (B�0) fio reflect #he City's
a�ailability and disparity study findings. All proposers shafl no#e that it is the policy of fhe Ciky to
ensure the full and equitable participation of Business Equity Firms in the procurement of services
$100,OD0,00 or mnre, This Request for Qualifications req�ires pro�osers to plan how it will
include only M�E or WBE Busin�ss Equity Firms tn meet a 6usin�ss Equity goal.
20,2 The Rusiness Equity goal is 23%.
20.3 7he information ta meet the goal shafl be subrrEitied wikh the proposal on the Business �quity
Utilizatio� form and include:
d ihe company name, address, point of contact, emaif address, office and faxltelephone
numbers of the Business �quity firms;
■ A d�tailed description of the work to be performed or suppEied by �ach Business Equity firm;
■ The kier [evel, [.e., 1 st, 2ncE, 3rd, etc. (if other than 1 sf ti�r, the plan must clearly identify tf�e
firm name and tier from whom the Business Equity firm will be receiving payment)
� Associated NAICS code for each company
� The sub�cpntract an#icipated value for each Business �quity firm;
■ State the Business Equi#y percentage [e�el of commitment achie�ed; and
• Pro�ide the same identification information for all nor��Business �quitv firms
� L�etter af Intent wiEl be required oniy for the Prime Vendor submits a good faith effor�.
■ Th� sub-contract anticipated value for each Business Equity firm;
2p.4 It is impartant to note that only Business Equity firms that perform a commercially useful functian
may counk towards the 5%.Business Equity goal.
20.5 A Certified M��, or W�� Business �quity Prime Contractor can count ifs self-performance
services towards meeting khe Business Equity Goal for �he assigned NAICS cornmodity codes ort
thefr current M8E or WBE certiflcatlnn. This m�ans Rusiness Equity Prime Contractors can only
count the percentage of work associated with their assigned NAICS codes. lf the Business Equity
Prime Contractor cannot se�f -perform all af #he wark, including produc3ng needed su�plies it will
be F�eld accountable for subcantracting with other current ceriified Business Equity firms to meet
the overall goal.
20.6 �xample — A certified MB� or W B� concrete contractor, who only lays down concrete and does
1TB 22-0017 Heavy Duty Repair and Services
Page 24 af 52
not produce concrete wholesale, cannot daim 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 subeontractor, with an assigned concrete supplier NAICS code, to supply the materials.
20.7 Furthermore, proposers ma1� obtain a request for listing of certified firms from the City of �ort
Worfh's Business Equiky Divis�on https:llwww.fortwort_htex_as,go�lfileslas5eislqubliCldi�ersity-
incl�s+onldocuments/business-e uit Ire uest-fpr-lisiin -form-2021. df.
20.8 In i#s UtiGzation Pla�, proposers' list of Business Equi#y Firms must be acti�ely certified at the bid
award. The City of Fort Worth accepts certificatior�s from the following third-party agencies: #Vorth
Central Texas Regional Certification Agency (NCTRCA), DallaslForF Worth Minor'sty 5upplier
Development Council (DIFW MSDC), and the Women's Business Council Southwest (WBCS}.
Participation can count towards the established goal. 7he certified firms must ha�e a busEness
located in the City's six-countv marketp}ace that includes the cpun#ies of Tarrant, Dallas, Denton,
Johnson, Parker, and Wise.
2D.9 if a propaser forms a joint venture with one or more Business Equity Firms, khe business equity
joint �er�ture percentage will count towards the established goaL �he Business Equity Joint
Venture form must be submitted for re�iew and approval to apply Fowards the goal.
20. � 0 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
�quity participation.
20.11 Failure to submit the Business �quity participation inforrnat'�on or the detailed explanation of the
proposer's Goad Faith Efforts per prdinance 25155-10-2021 to meet or exceec! the stated
Business Equity goal, may render the proposal non-responsive.
20.12 The �usiness Equity commitment wifl be part of khe final weighted selection criteria.
The under5igned acknowl�dges the City's MBE requiremen#s as staied abo�e, and if sefected as
the rrtost highly qualified Provider(s), will comply with t�e requirement to submit a uiilization plan
d�ring contract negotiations.
ITB 22-0017 Heavy Duty Repair and Servlces
Page 25 of 52
ATTACHMENT -A
CONFI,ICT OF INTEREST QISCLOSURE REQUIR�ME�iT
Pursuant to Chapter 176 of tY�e Local Government Code, any person or agent of a person who contracts
or seeks #o contract for the sale or purchase of property, goods, or services with a local governmental
entity (i.e. The City of Fort Warth) must disclose in the Questionnaire Form C!Q ("Questionnaire") the
persan's affiliation or business relatior�ship thtat might cause a canflict of inkerest with the local
ga�ernmental entity. By law, the Questionnaire must be filed with the Fprt Worth City Secretary no later
#ha� seven clays afker the date the person begins contract discussions or negotiations with the City, or
submits an application or respanse to a request for praposals or bids, correspondence, or anokher writing
related to a patentia! Agreement with the City. Updated Questionnaires must be filed in canfqrmance with
CF�apter 176.
A copy of ti�e Questionnaire Form CIQ is enclosed with the submittal documents. The farm is also
a�ai�able at http:llwww.ethics.state.tx.uslformslClQ.pdf.
If you ha�e any questions about compliance, please consult your own legal counsel. Compliance is the
indi�idual responsibiiity of each person or agent of a person who is subject to khe 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 b�siness relationship that you might
have with the City, state Vendar name in the # 1, use NIA in each of ti�e areas on the form.
Howe�er, a signature is required in the #4 box in ail cases.
ITB 22-0q17 Heavy Duty Repair and Services
Page 26 of 52
C(3NFLICT AF INTERE�Y QU�ST'IU��ANR� F{]RM �IC�
For vendar dsing businass with lacal gove.rnmental entity
7hls questlpnna€re raflmcts changes inade to Iha law by H,B. 23, BAth Lag.., Regul�r Sessinn. �����USEONLY
This questionn�ire Is baing filed in �c�nrdanc.e wiUi Chapter i7&, Local Government Coda, by a vendor w�to p,�Ce Recelved
has a business ralalionship as defined kry Saction 176,Opi (1•a) witli a local governmentAl entily and tl�a
vendor meets requiremelits under Sealion t7�.40G{aj.
By law tl�is quss4ionnafre must be. iiled wilh tl�e records �dr�inls[ralor of tho local gnvernmenfe�l eitiliry nol later
than ihs 7th busi�tess day after tha date the vendor becomes awa��s of facts Ihat i�equiYs 1ha staterrterillo bA
Flf�d. 3ae Secti:on 17fi.pos{a-ij, �oeal Governmenl Cade,
A vendor commits an alfense �f tha veridar knowin.gly t�olates Sectian i7s,008, Locaf Governme�tt Gode. An
nifansa under this. s.eatlaii is a misdemaanor.
� Name of vendar wha h�� � f�usiness relatiof�ship wiih lacal �overnm�n. ia1 �n#iry,
Custom Truck One Source, L.P.
2
�q Checkthisboxifyauarafilinyanupdakeioapreviauslyf�ladques#ionnaire,iTh�Eawrequir2sthatyouflleanupd�ted
coinpleted questfann�ire �Ith ih� ��pra�rrlate iiling authoriry nnt later than the 7th business day afier tha date on which
y4u became aw�re that the origlnally filed qu�stiar�naire ivas Inaa�nple9a nr inaccurate.�
� Name of locai governrtlent oificer akiat�k uvham ihe inl.Grmaiion is being disclased,
N!A
Nam.e a€ E�:fficer
a Describe each empEayrr�ent or oihar bus3ness reE�tiansh9p wiih the loaal gauernmenf officer, nr a family msmb�r of the
officer, as descrlhed by Sectiorr 176,q03{a)(2J(A). Also d�scrihe aaiy #amily relationship �iith the lucaE governmgnt ofFic�r,
Cprnpletesubp�aris,4�indBforeachamploym�ntnrhusinessrelaiiori�hipdes���iiied. Attach�cfditionalpag�stathisF�rm
ClG4 as necessary,
w �
A. ls the faoal g.avernment officer ar a family meinber oi the officer receiving or likely tp recei�re tax�hle incoine,
olher th.an investmenk Inoome, irain ihe vendor2
NIA � yes � No
�, ls the v.endor receiying ar.likely ta rau�elva t�vc�ble inr.�m�, ather than. Investinent Inco�ne, from o� at the dtrecfioi�
oi tYre loc�l governi�erit �ffi��r or �z f�miEy m�mber of .tha oific�r AND ihe taXahls In6nme Is Itat recalved frqin the
Inc.al goverrnnentaf entlty7
NIA � Yes � Nn
� ❑eacribe �ach em}�loym�qk or qusinass rel�itionship ihat tHe vendor named in 5eaiion 1 ma�qtain�'uurih a Carparation ur
other business en#iry wiih respeCi fn wh�ch ihe loc�l .goveenmeni offia�w serves as an offieci� or director, ar holds an
awnership inferest of one p�rcent ar more,
NIA
6
N�,q Clteck ihis box it the vandor has given the fooai governjnent o�flc�r or a fiainily inein�er of the ofificer one ar mare glits
as described in S�ciio.n 176.od3{a}{2}(8), excluding gifis desaribed in Secihqn t76.oD3(a-1)
� �
, ,�; /
w ' ` � d JQ _„g 'S 01/64/2022
�� � �.,.,�..
Signan a of ven br doiii� business wlth tl�e govei��7mantal enNry pata.
Form p.rouided by "Cexas Ethics G6mmEssi.an www:ethics:siate.tx.Lis. Revisad 1/�l2021
ITB 22-0017 Heavy Duty Repair and Services
�age 27 af 52
cata��.�cr o� i�vr�R�sr au�s�ria�v�va���
�ar vendAr duing business with loca[ gnverntnental entity
Acomplete c4py oi Chapter 178 of the Local �over.nment Code rnay be found at itttp,/Ivvww,stalutes,I.egis,stat�,tx,�Isi
�acslLGlhtmlL�,176,htm, Far easy reference, beEaw are sbm� of the sections eited.on th.is form,
l.ocal �o�errtme�i �nde§ 176,AUil1-a): "B�isiness relatianshi.p" rneans a�annection. between two pr rnore partles
bassd an commercial .a�iivlty of ons of 1he parti�s. The lerm do�s no1 include a �onnection basad on;
(A) atransaction that is subjectta rate n� fee r�gulatlon by a#ederal, stafe, ar loo.af gay.ern.mental entity.aran
agency oi a federal, state, ar local gavernmer�tal �ntity;
(Bj a transacfipn cdnducted at a price and subject to t�rms avail�ble to the publia; or
(C} a purch�se or le�se of �oods nr servicasfram a persoi� ihai is.charlered bya state or federal agency and
that is subject tc� re��lar exam[nation hy, and reppr�ing to, that agency,
f�a�al Gavernmant Cadg,�,'1,76;aQ3(a)(2�{A}_and {B]:
(a) A local gnvgrnrnent oiiicer shall file a conflicts disalb.sure statement with respec.t to a vendnr if`
��
(2) ihe venc�or;
(A} hasanempinyme.ntornihsCbusine.ssrelatinnshipwithth�localgovernrne.ntoff�c�rora
family m�m6er of fhe nfficer lhat �esults in the pfficer or lamily member r$c�iving #�abl�
inCame, other than investment income, fhat exceeds $2,5QQ during tfi� �2-m�nth p.erlod
prec2cling ihe date that the officer becom�s aware fhaC
{.i). acontract kretween the loeal g.overnrn.enkal entity and vendorhas been execu#ed;
or
{ii) the local .yavernmenkal en#ity is.aansidering entering into a c�ntract with ihe
vendor;
�B) hasgfventothelo��l�ov�mment�ificerorafiarnilyrnern�eroffheafficarpneormore�Ifis
that hays'an aggregate value af more than $10C1 in th� � 2••mon.th p�ri�d preceding the date the
oftic�rb�comes aware that,
(i} a contract between the Iocal governrrien#al enfity and vendor has beer� executed; or
{ii) the local gnvernmenial �ntity is considerjr�g entering i.n.10 a cantracf vvith th� v�ndar.
Lacal Govsrnrnent Cnde ��176.00Bfa1 and fa-1)
(a) .Avendar sh�ll iile a compieted co�iilici of lntereat questionnair� if ihe V�r�.dor has a business re�atian:ship
with a 1Qcal.gavernmental entityand�
{f) has an emplayiment pr other busines.s relaiions�ip with a laeal gnv�rnment officer of fhat local
g6v�rnmental entity, dr a family member of the offic�r, d�scri�ed by Sectifln � 76,ci0�(a}(2}(A);
(�) has giv�n a loeal government Officer of that Iocal governmentaf entfty, qra family membe�r a3 the
officer, on� ar rnore gifts wifh the �c�gr�gate value specliied by Section 176,OQ3(a)(�)(B), excludfng any
giit describeeP �y S�ction 176�b03(a-1); or
{3) has a farniiy relationship with a faaa! gove�nm�nt pfiicer of that {acal gav�rnmental entity,
(a-1) 7he camplatedcanflict of interest questionnair2 must k,e iiledwith the appropriatQ records administrator
n�t later tt�ar� the s.eventh businmss day af�er the (aier of;
('1) tl�a �date that fft� ve�dnr;
(A) be�gins �iscussions or negatia#ions ia enter int.o a coniract with ti�e loaal governm�nial
entity, ar
{B) s�a�mits to the loeal gcivernmen.tal entity an applicakior�, response to a request for prapasals
or bids, carrespondence, nr another �vriting related to a pot�ntial eontract with the local
goveYnmental antity; oY
[2} the date Che vendor becomes aware:
(q) df an �mplvyment or �iher b«sih.ess rel.�tlonship witli a lncal govsrnm�nt nfficer, or a
tarnil.y rnernbei• of the n4fic�r, describ�d 6y Subse.ction {.a);
(B} khat the venciar has.given one or rnore �ifks desarikied by Subse.ction (a), pr
(C) of a iamily relationship wit�� a I.ncal goVernment offlcer.
Form prov�ded by Taxas Ethics Commission www.etl,ics,skata..tx,4is Revlsed il1l�.rJ21
ITB 22-(}a17 Hea�yr Duty Repair and Services
Page 28 of 52
ATTACWMENT — s
CON5IDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF �IJSINES�
S�ction 2-�4 of fhe Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids, to enter into a contract for certain purchases witih a bidder whose
principal place of business is in the corporate limits of th� City of Fort Worth and whose bid is
within 3 or 5 percent of �he lowesf bid, depending on the value of the request and goads or
servlces requested, if the lowest bid is from a business outside the municipality and contracfing
with the locai bidc�er wouCd provide the best combination of price and other economic benefits to
the mun9cipal9ty.
Requests to be cansidered a local busin�ss must be submifted on this fnrm with bid packages to be
cansidered by the City of For� Worth. Questions should be addressed to the Purchasing staff lisked in the
bid nr request �ackage.
The Fart Worth City Counci] requires the folfowing information for consideration of location of a bidder's
principal place nf business. Add additional sheets if needed to provide this information,
�. Locational �ligibilifiy: Principal Place of �usiness in Fart Worth, Texas,
Do you have a Fori Worth office? If yes, identify address;
Yes
7200 Jack Newell Blvd S
Fort Worih, TX 761 �8
b. What percer�tage ofi estimated gross company safes (worldwide) are sales originating in For�
Worth? "Originating in Fort Warth" shafl mean payable at khe Fort Worth office. [must exceed
50%] �50%
2. �conomic De�elapmeni opportunities resulting from contract.
a. Number of Fort Worth resid�nt-employees? �
b. Arnount of Ciky of Fort Worth ad �alorem taxes {real and bus9ness p�rsonal prop�rty} paid by
company (for prior tax year -- Fort Worth office or former location, if Fort Worth ofFice is newiy-
established)? ��A
Certification of information;
The undersigned does hereby afFirrn that the information suppii�d is true and correet as nf the
date hereof, under penalty of perjury.
Custom Truck 4ne Source, L.I'.
(Company Name)
x�
(Sianaturel
0 � /04/2022
(Date)
Jenna Maller 1 Qirector, National & Go�ernmenfi Com
printed Name and iitle j
ITB 22-00�7 Heavy Duty Repair and Services
Page 29 of 52
iance
ATTACHMENT — C
BIDDER'S CONTAC`F INFORMATION
Bidder's Name: �ustam Truck �ne Source, L�.P.
Bidder's Local Address: �Z00 Jack Newell Bl�d 5, Fart Wor�h, TX 76118
Phone; . (fi82) 703-9�51 Fax: (�8�) 200-6998
Email: bmcclary@customtruck,corr�
Name of person assigned specifically for this Agreement:
Nameri'itle Bart McClary 1 Parts and Service SaEes Repre
Phone: (817) 5�42-3096 Fax: (682} 200-6998
Email: bmcclary�a.customiruck.com
Name of persons for renewal information andlor billing questians:
NamelTitle Jenna Mal[er / Director, National & Gavernment Campliance
Phone: (2Fi0) 824-7150 Fax: (260) 824-7150
�����; jenna.maller@customfruck.com
Name/Title
Phone:
Fax:
EmaiL'
� ��� Jenna Maller
ignature C'rinted Name
011�412Q22
Date
ITB 22-0097 Heavy Duty Repair and 5ervices
Page 30 of 52
ATTACHMEN7 - D
BIDDER'S QUALIFICATlON QU�STiONNAIRE
1. �ias the Vendor ever defaulted on a Contract?
❑ Yes
� No
2. Number of years in business under current company name: 7 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 forrr}er names your organiza#ian has operated under and
the timeframe: Utility One Source 1996 - 2015
3. Is your company able to fulfill th� response time fisted in section 6.0 if not, why? Please r�ote,
that it is required to ha�e a minimum 24 hours response time. For the remainder of minimum
requiremenks, please refer to section 6.0
Yss
4. Is the Contractor able to provide certifications for fheir personnel, such as the National lnstitute
for Automative Service Excellence (A5E) or Manufacturer required training, which qualifies the
Contractor to perform necessary for this kTB? Please noke, we do require you to have an
Original Equipment Manufacturer's (OEM) documentation. If you are unable to pro�ide this
document, your subrnission will l�e deemed as non-respon5i�e. In order to be co�5ideretl, ypu
must be qualified. Yes
5. What types of repairs from the item list can ynu perform? Please pro�ide a list. If you are
unable to provide a repair, plsase state which orre and why. f'lease refererice Bid 5nlicitatian
pages for specific line items we can p�rfarm. Mo��e detailed list avai}a�le if awarded bid.
6. How many people will be on the service team to complete the requests and #ulfif our needs?
76
7. Does the contractor have the ability to ram� u� qualified personnel, reso�rces and equipment
to meet ihe growing needs of the City? If not, why?
Yas, we have the abili#y to meet Ci#y needs.
8. Please provide a detailed explanation of the methodology your firm will use approach ta
completing repairs. (i.e. what is your process from the receipt of Purchase Order all the way ta
enmpietion). Also, please include descripfive details about how you wil! communicate, how will
you handle set-backs, what is your process for complet}ng the work on time, if you discover
there wifl be a delay in service, how will you o�ercome this? Attached, p�ease see next page.
9. Does #he service tearn hold any special cerkifications t�at further qualify you to perform the
requirements of this ITB. Yes . If Yes, please list and pro�ide copies of these certificat�ons.
Attached, Please see next page.
10. Please pra�ide yaur work history performing these same services for other Cities or
governmental entities of the same size. (Attach Separate Sheet) Attached, please see next page.
ITB 22-0017 Heavy Dury Repair and Services
Page 3� of 52
1 GUSTOM
TRUGK
ON� SOUFICE .
Event ID: CFW01-22-0017
Event Name; ITB Heavy D�ty Repair and Service
January 4, 2022
Answer �o ATTACHMENT-D, line item 8:
When s�rvice andlor parts are needed, the City wo�ld con#ac� their Parts and Servic� Sales
Representative to coordinate sched�[ing the wo�-k. If the City requires a PO be issued to us, we wil[
accept it at this time. Once the work is complete, an in�oice will be generated and sent to the City.
Custom Truck One Source will make every effort to avoid delays and setbacks beyond situations
tha# are out of aur cnnt�ot (sucft as delayed parts ord�rs). The City's Sales Represerttative wilL keep
cammunication open with the City, especially if any deEays/sefbacks do take place.
Answer to ATTACHMENT-D, Line item 9:
Many of our Mechanics and Technicians complete �ario�s supplementary traini�g and certificatian
courses. This will allow us to perform service and repairs for th� City with a higher le��l of
expertise. Below are examples of some of these certificatians. These are currently held by
Mechanics and Technicians o�t our Fort Warth TX Branch:
e�'- i'd�•�.::+�!��'V'+J"�3re:'; q•;,'.. _..-,' � . .
,�lu�� �)�rt�rr �£xrl+lsc,�t�uii �aar�
, ' . �1,11,,,� r, rd,lr
i
�
-� �,��au� ����
: x. ,wi . - ss, :... 'i�
� y�a.ae4�4�,t-a�rss�.si�eararrs-nr�e...�
k .__.z-.i.=.s�ssi:3:z-�r.._.,.m+�wa;.:...._r-�.
C�iI?TI:��-:. "i'—
-s
a.., h ,�i.: tt ��S
�w,.+.!W,'�.. - „�
.��, u.r.�a...,........ . Iri
� - a�.. �. . . . �
��.�:�� �
<<
�;
4
�� .
:.-.r^";,i#.: 'y--� _
�
" � - � �i��:��.:� '��
._ .,_ _ �
■ ■ ■ ■ � ■ ■ • • • • • • • • � • • • • � • • • • • • • • f • � • • • • • • • • • • • ■ • � • ■ R ■ 11 11 • • • • • a • • •
77p9 INDEPENDENCE AVENUE, �(ANSAS CITY, MO 64125
� -' v � �,_rra,c*: -yrr u
r �'t _ � � �;-
�� � �'� »W ���
- _.r.a: .
' � ,:.
�'� . -�- r'.�4 ^?� �".-" e .' . .. . . _
1 CUSTOM
TRUCK
arv� souRc�.,
_ �
.: �
. �.- .
� ; � E � i� .�c�� �E� C�t�m�letic�t�
f �-�•tjtic•,ilc ��I { '��rtt�►1��licrrt
lfurd 1-r, ir.
,z
nm� �
� " �_ ld'��
r„� ,�r,r
, ,....
• • • • 1 • • • • • • • • • • • � • • • • � � ! • i • � • • • • • • • � ■ � ■ R ■ ■ ■ ■ ■ ■ ■ ■ f ■ ■ ■ • ■ Y Y • a • • •
77Q1 I�l�EP�NDENCE AVENiJE, KANSAS CiTY, Ma 54125
1 CUSTOM
TRUCK
ON� SC1lJ�10E ..,
Answer to ATTACH M ENT-D, line item 10:
We have been performing the same type of repair and service contrac#s for both the City af Dallas
and TxDOT over the past few years.
IA 11 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 1 Y ■ • • • • • � • • • • • • • a � • • • � ■ • • ■ ■ ■ ■ ■ ■ Y 1 Y s • • • • • • • � • • • • • •
77�1 INDE�ENDENCE AVENUE, K/aNSAS CITY, MO 64125
ATTACHMENT E
DRAFT SERVIC� AGR�EMENT
Draft Ser�ice Agreement is attached a separate document,
ITB 22-0017 Heavy �uty Repair and Services
Page 32 of 52
ATTACHMENTF
NO BID SHEET
(Please complete this form, only if, your firm has chosen nat tq submit a bid)
Ashley Kadva, Buyer II
Purc{�asing Division
Fax No. 817-392-8440
E-mail addr�ss: FMSPurchasinqResponses(a�fortworthtexas.qo�
If your firm has chosen not to submit a bid for this procurement, please camplete this form and submit to:
City of Fort Wor�h, Purc�asing Di�ision
200 Texas Street
Fort Worfh, Texas 7�102
{or fax to abo�e address}
Please check the items fhat apply:
� Do not sell #he item(s) required.
0
Cannat be compefitive.
� Cannot meet the 5pecifications highlighted in the attached Bid.
� Cannot pro�ide Insurar�ce required.
a Cannot provide Bor�ding required.
� Cannot comply with Indemnification requir�ments.
� Job too large.
� Job toa small.
0
Do not wish to do business wi#h the City.
❑
Ofher reason.
Company f�ame:
Authorized Officer or Agent Signature:
Telephone: ( ) FAX Number. ( )
ITB 22-fl017 Heavy Duty Repair and Services
Page 33 of 52
ATTACHMENT G
BUSWESS EQUiTY UTILI�ATfON FORMS
Business Equity is attached a separa#e documenf.
1TB 22-0017 Heavy outy Repair and Servioes
Page 34 of 52
ATTACHMENT H
LETTER OF I�ET�NT
L.etfier of Intenfi is attached a separake document, This attachment must be completed only ifi the Prime
Vendor submifs a good faith effork.
ITB 22-QQi7 Heauy Duty Repair and Sarvices
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F RT � �K
� �RTH�
ATTACHMENT F- VENDOR SERVIC�S AGRE�IVIENT
This V�NDOR SERVICES AGItC�MENT ("Agreement"} is made and entered into by and
between the CITY OF FORT WORTH (`'City"), a Texas hon�e rule municipal coaporation, acting by and
thraug�l its duly authorized Assistatit City Manager, and �LEGAL NAME OI' THE PARTY] ("Vendor"),
a STATF. REGISTERED AND TYPE OF COMPANY and acting hy �nd through its duly authorized
eepresentative, each individually referred to as a"pa�-ty" aaid collectively referred to as the "�artles."
AGitEEMEN`I" llOCUMENTS:
'T'he Agreeinent docua��ents shall include the followicig:
1. This VendaY• Services Agree�nent; �
2. Exhibit A— Scope oF Services; �
3. Exhibit B— Price Schedule;
4. Exhibit G— City's RPP No.
5. Exhit�it D— Contractor's Bic� Responsc to City's R1�P No. ; and
b. Exhibit E-- Verification of Signature l�uthority Forrn.
Exhibits A, B, C, D, and E, �vhich az-e attacl�eci hei-eto and iiicorporated herein, are inade a part of this
A��eei�leut for all purposes. In the event ol' any conElict bet�veen the tet�ns and conditions of Exhibits A, B,
C, or D and the tenns anc� conditions set foc�ch in the body of this Agreement, the terins and conditions of
this Agreeinent shal] concrol.
1. Scopc of Services. [SIMPLE D�SCRIPTION OF SCOPE OF SERVICE] {"Services"),
which are set forth in more detail in E�hibit "A," attached hereto and incor�orat�d herein for all purposes..
2. Ternn. Tliis A�eement begins on [MONTH DAY, Y�AK] ("Etfective Date") and e�pires
on [MON`T'H DAY, YF,A2� (''Expiration Date"}, uilless terminated earlier in accordar�ce ��ith this
Agreement ("Initia) T�rm"}, City will have the optioil, in its sole discretion, to renew this Agreeinent under
the same tenns and conditions, for up to ( } one-year renewal option{s} (each a"IZenewal
Term'').
3. Compensation. Gity will pay Vendor in accordance with th� provisions of this Agreement,
including E�hibit `B,'' �vhich is aEtacl�ed hereta and incorporated heeein for all purposes. Total
compensation under tiiis Agreement wil] not exceed Dollars ($ .�.
Vendor will �iot perfoi-�n any additional services or bill fae expenses icicurred for City not specified by tl�is
Agreement tinless City requests and app��oves in writing the additional costs for sucfl services. City will �lot
be ]iable for aciy additional expenses oF Vendor not specified by this Agreement unless City �rst approves
such expenses in writing.
4. Ter�ninat�ion.
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4.1. Written No�ice. City or Vendar may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written natice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds ar�
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 iiscai period fo� which
appropriations were received withaut 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 Obli�ations of tha Partz�s. In the �vent that this Agreement is
terminated prior to the Expiration Data, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor wi11 continue to provide City wiih services requested
by Cify and in accordance with this Agreement up to the efFective date of terminatioii. Upon
tennination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under thi Agreernant. Tn the event Vendor
has received access to City Tnformation or data as a require•: � t to perform services hereunder,
Vendar will return all City provided data to City in a m > e readable fonnat or other format
deemed acceptable to City.
5.
5.1 Disclosure of Con�iticCs. V�ndor
disclasure in writing pf any existing or tentia
under tihis Agreement, In the event that a. ::�1
Agreementi, Vendor hereby agrees imine , tely
rrants to City that Vendor has made Full
of interest related to Vendor's services
�est arise after the Effective Date ofthis
fl disclosure to City in writing.
5.2 Confiden�
agrees that it will tre�t a11
and wi1� not disclose any`
City, _
�r, for itself and its af�icers, agents and einployees,
to it by City ("City Information") as con�dential
third party without tkze �z-�or written approval of
5.3 I��'liIi� Tn�o� atioi� ct. City is a govennment ez�tity �nder the laws af the State of
Texas and all o.=t�, nents held f� znaintained by City are subject to disclqsure under the Texas Pubiic
Information �ct. � event -: re is a request for infor�nation marlced Confidential or Proprietary,
City will proxn�tly �x :�� or. It will be the responsibility of Vendar to sub�nit reasons objeeting
to disclosure. �1 detenni�: on an whether such reasons are sufficient vvill not be decided by City,
but by the Qfiice of the Attorney General of the State of Texas or by a courl of competent
jurisdiction.
S.A� Unauthorized Access. Vendor must store and anaintain City Tnformation in a secure
rnanner and will noi allow unauthorized users to access, modify, delete or otherwise corrupt City
Infonnation in any way. Vendor inust notiFy City iinmediately if the security or integriiy of any
Ciiy Informaiion has been compromised a� is believed to have been co�npramised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what inFormation has been aocessed by unauthorized means aizd wi11 fu11y cooperate
with City �o protect such City Information froin further unauthorized disclosure.
6. Ri�ht to Audit. Vendor agrees that City will, until the expiration of thrce (3) years after
final payinent under tliis Agreement, or the final conclusion of any audit coinmenced during the said three
years, have access to and the right to exainine at re�sonable tiines any directly pertinent boolcs, clocuzn�z�.ts,
IT� 22-Q017 Heavy Duty Repair and Services
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papers and records, including, but not limited to, a11 electronic records, o#' Vendor involving transaction.s
relating to this Agreement at no additional cost to City, Vendor agrees that City will have acc�ss during
normal working hours to all necessary Vendor facilities and wi11 be provided adequate and appropriate worlc
space in arder to conduci audits in co�npliance with th� provisions o£ this s�cCion. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contr_actor. It is expressly understood and agreed that Vendor wi11 aperate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee oi City. Subject to and in accordance with the conditions and
provisions of this Agreeinent, Vendor will have the exclusi�ve right to control the details af its aperations
and activities and be solely responsible for the acts and omissions of its of�cers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
wi�l not apply as between City, its officers, agents, servants and employees, and Vendor, its oificers, agants,
employ��s, servants, contractors, and subcontractors. Vendor furthez- agrees that nothzng herein will be
construed as the creation of a parEnersl�ip or joint enterprise betwee City and V�ndor. It is further
understood that City will in no way be consid�r�d a Co-e�nployer o oint enn�loyer af Vendor or any
offic�rs, ag�nts, servants, ezxaployees, contractors, or subcontract � either Vendor, nor any oFficers,
agents, servanis, employees, cor�trackors, or subcantractors o� Vk - ar � be entifled to any employment
Uenefits from City. Vendor �vill be responsible and liable for and all p ent and reporting of taxes an
behalf of itself, and any of its afficers, agents, servants, e� r yees, contracto . or contractors.
8, Liabi�ity and Indernnification.
8.1 LIABILITI' - V�
AND ALL .PROPERTY LOSS,
INCLUDING DEATH, TO 14N.
WHETHL'R I�EAL OR AS '.
ACT(S) DR OM.�S',S'�ON�, 119
VENDOR, ITS` OFFIC� Ad
SUBC4NTRACTQR,S,
�DO BE ": E AND RESPONSIBLE FOR A1VY
PRO � l� °�' AND/OR �'ERSONfiL INJURY,
�]ND : R° S, OF ANY KIND OR CHAI�ACTER,
TO . L EXTEIVT CAUSED BY THE ,NEGLI(a"ENT
I.{�'AS C.� OR IN.TENTI'�NA.� MXSCOI�DilCT OF
;;�'��' YANTS, EMPLOYEES, CONTRACTOR,S, OR
8.2 �'ENER���,VD�NIFICATION - VENDOR HE�tEBY COVENANTS A1VD
AGREES TO '�;T,DEMNIF " OLD HAI�MLESS AND DEFEND CITY, ITS OFFICER,S,
AGENTS, SER �>: SAN MPLOYEE'S', �'ROMANI)AGAINSTANYANDALL CL,4IMS
QR LAT�SUIT,S O g- Y� j D OR CI�ARACTER, WI�ETHER REf1L DR A,5'SE14T�D, FOR
EI'!'HEl� PROPERTY �. 1rlAGE O.Id LOSS {INCL UI)TNGALLEGED DAMAG� OR LOSS TO
VENDOR'S BUSINESS ANd1 ANY I�ES�TLTdNG LOST PRO�'lTS) AND/OR PERSDNfiL
INJURY, INCL�IDING DEATH, TO ANI'AND �iL� PERSON.% ARISING OUT OF OR IN
CONNECTION WIT�I T�IIS �]GI�EEMENT, TO TIIE EXTENT C�USEI1 IiY TH.�
NEGLIGENT ACTS OR DI�IISSIONS Oli 1VIALFEASANCE OF YENDOR, ITS OFFICERS,
AGENTS, SERYANTs, EMPi0Y�E5, CONTR�4CTORS, OR SUBCONTRf1CTORS
8.3 INTEZLECTUAL PR4PER�"Y XN1)EMNX�'�"CATXON — Ve�ndor agrees Yo
defend, settle, or pay, at �ts own cost and expense, any claim or action �gainst City for
inFringement of any pa�ent, copyrfght, trade mark, trade secret, or similar pxo�eriy right
arising from Ci�y's use of the softw�tre andlor documentation in acco�rdance rviYh this
Agreement, it being understood th�t this agreement to defend, settle or pay will not ap�ly xf
City ar�odifies or nnisuses the soft�-are andlor documenta�ion. So long as Vendar bears th�
cost and expense of payment for claims or actions against Citg� pursuant to ik�as sectzon,
'Veaidor will have the right to conduct the de�ense of any such cYaiin or �ction and all
ITB 22-0017 Heavy Duty Repair and Services
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negatiations for its seftlement or comprqmise and io seiile ox cozaapromise any snclz claizn;
however, City will have the right to f�liy par�icipate in any and ali such setilement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperaie
with Vendor in doing so. In �he event City, for whatever reason, assumes the respa�sibility
for payment of costs and expenses for any claim or action brought against City for
i.�fringemen� arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or aciion and all negotiations for its settlement or compromise and
to settle or cornpromzse a�ty such claim; however, Vendor wili fuily par�icipate and cooperate
with City in defense of such clairn or action. CiLy agrees to give Vendor ti�nely written notice
of any such claim or actaon, with copies of all pape�rs City m ay receive relating thereto.
Notwithsta.nding the foregoing, City's assumption of pa�rr�ent of costs ar expenses '�vill �tot
elirr�inate Vendar's duiy to indemnify City under this Agreement, IF the saftware and/ar
documentation or any part thereof is held to infringe and the use thereof is ersjoined or
restrained or, if as a result af a settlernent or compromise, such a�s� is maYerially adversely
restricted, Vendor will, at its own expense and as City's sol� �medy, either: (a} procure for
City ihe right to contanue to use the software andlor � mentution; or (b) modify the
software and/or documen�ation to malce it non-infrin '. rovided t�at such modification
does not materially adversely affect City's aut �ze e of the sof�vare andlor
docr�menta�ion, or (c) replace ��►e software an `� docum � tion with equally suitable,
compatible, and f�r�ctionally e�aivalent n�on-in ' ging software d/or docurnentation at. no
addiiional charge ta City; or (d) if none of t. orego'� alternaiives zs reasonably available
to Vendor terminate this Agreernent, and r � � a�ouz��s paid to Vendor by City,
subsequent to which termination Cfty ay �eek � and all rernedies avaalable to City ander
law.
�
9.1 Assi�
or rights under this Agre
an assignrnent, the assi
the assignee agre `��
Vendor wi11 be ' e for
of the aasignm
9.2 Sub � :. ��
a written ag�eement wi� -
be boiir�d by the cluties
obligatio�s znay apply.
subcantract.
� will n�` ssign or subcontxact any of its duCi�s, obIigations
°e� �r. r v�rritten consent af City. If City grants consent �o
cute a written agreement with City and Vendor imdex whzch
the dulies and obligations of Vendor i�nder this Agreemant.
�s of Vendor under tl�is Agreelnent pripr to the effective data
ac� . f Ciiy grants consent to a subcontracl, the subcontracfor wi1� exec�te
�endor referencing this Agreement under which subcontractor agrees to
and obligations of Vendor under this Agreement as such duties and
V�ndor must provide City wit� a fiilly execiited copy of any such
10. Insurance. Vandor znust provide City with certificate(s) af insurance doci.unenting
policies of tl�e �ollowing types at� d�inimuzn coverage limits that are to be in effect prior to coininencement
of any Serviees pursuant to this Agreeznent:
10.1 Covara�e and S�ixnits
{a) Commereial Genexal I.,iability:
$1,000,000 - �ach Occurrence
$2,00O,OOQ - 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
repr�sentativ�s in the course of providing Services under this Agreement. "Any
vehicie" wi11 be any vehicle owned, hired and non-owned,
(o) Worlce�'s Conapensaiio�:
Statutory limi#s according to the Texas Workers' Compensa#ion Act or any other
state workers' compensation laws where the 5ervices are being perfor�ned
Employers' liability
$100,000 - Bodily Injury by � nt; each accidentloccurreiice
$100,000 - Bodily Injury h�•ise • each employee
$500,0�0 - Bodily Tnju -y disease, �� icy limit
(d) Professional Liability ( �� ors &��issions); ��
$1,U04,000 -
$1.,000,000 -
Professional Lia ,x ity co �_ ay�6�"provided through an endorsement to the
Commercial , Liab �_� (CGL,) policy, or a separate policy specific to
�'xo:f�ssio �',&O. " her is : eptable if coverage meets all other requirements.
Covarage ., • t b , and maintained foar the duration of th� contractual
agree�ae�t a� �or two (2 yoaxs fal�owing coznpl�tion o�f services provided. An
an� .� '.fica � insurance musi be si�bmi�ted to City to evid�nc� coverage.
10,2
{a) T- comrnercial general liabilify and autampbile liability policies must
name ` as an adctitional insured ihereon, as its interests may appear. The ter�n
City inchides its einplayees, ofFicers, of�'icials, agents, and �rolunteers in respect to
the contracted services.
(b} The worlcers'. campensation policy must include a Waiver af 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. �'eti {10) days' natice wi11 be
acceptable in the event af non-payment of premium. Notice must be seiit to the
Risk Manager, City of Fort Worth, 20Q Tex�s Street, Fort Worth, Texas 76102,
with copies to the Fart Worth City Attar�iey at the saine adciress.
(d) The insurers for all policies inust be licensed and/or approved to da
business in the State of Texas. All insurers must have a n�ini�nuin rating of A- VII
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in th� current A.M. Best K�y Ra�ing Guide, or have reasonably equivalent financial
strength anc� solvency fo the sa�is�action of Risk Managerr�ent. �f the rating is
below that required, w�'itten approval o� Risk Management is required.
(e) Any failure an the part of City to request required insurance
documentation wi11 not constitute a waiver of the insurance requirement.
(fj Certificates of Insurance evidencing that Vendor has obtained a11 required
ansurance wi11 be delivered to the Ciiy prior to Vendor proceeding with any work
pursuant to this Agreement,
11. Compliance with La�vsa Ordinances, Rules and Re�ulations. V�ndar agrees that in the
per�ormance of its obligations hereunder, it wil� comply with all applicable federal, state and local 1aws,
ordinances, rules and regulations and fhat any v�rork it produces in connectio�z witl� this Agreement wi11 also
coinply with all applicable federal, state and local laws, ardinances, rul and regulatzons. If City noti�es
Vendor of any violation oF such laws, ordinances, rules or regulatia endor must imrnediaiely desist
frnm and correct the violation.
12. 1�Ton-Discrimination Covenant. Vendor,
contractors, subcontractors, and successors in interest, as °
performance of Vendor's duties and obligat.ions here ;•
em plo y ment of an y zndividual or g rou p of individuals o
ARISES TROIVI AN ALLEGED VIOLATI� OF T�l
BY VENDOR, �'TS �ERSONAI. REP � "' �. T
SUBCONTRACTORS, OR SUCCESSOItS §= I
SUCH LIAB�LYTY ANU '�O XNDE Y A � 1
�'RQM SiJCH CLAIM. , ,
13, Notices. Notic
conciusively determined to have
employees, servanls or r �
transmission, or (3) rec -'� d by t]
addressed as follows:
To CITY;
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsi�nile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
�
— ___, _ --___ �, Title
Facsimile:
14. ,Solfcitation of �mplovees. Neither City z�oz� V�ndor wi11, c�uring the term of this
Agreement and additionall�r for a periad of one year after its tenr�snation, solicit for etnploy�nenE ox ezx�ploy,
wh�ther as em�loyee or independez�t con�ractor, a�iy pe:rsoa� who is or has been einployed by the ather
during tlza ierm of this Agree�nent, without the prior written consEz�.t of the pez�son's employcr.
i 1�
A
tsel#; its : .Qnal represeniatives, assigns,
the oonsider . o herein, agrees that in the
�'� fi not discriminate in the treatment or
� sis prohibited b y la w. IF ANY CLAI1Vi
�ON-DISCRIMTNATTON COVENAN'�
, ASSIGNS, CONTR�ICTORS,
�, �NDOR AG1d�ES TO ASS�JIVIE
CITY ANI) HOL� CITY ]FIARMLESS
���. �� n`� to the provisions af this Agreement wi11 be
�red w en (1) hand-delivered to the other party, its agents,
delivered by facsimile with electronic confinnation of the
t�y by United States Mail, registered, return receipt requested,
ITB 22-0017 Heauy Duty Repair and Services
Page 41 af 52
Notwithstaz�ding the �'oregoing, this provision will not apply to an employee of either party who responds
to a gener�l solicitation af advertisament of emplpyrnent by either party.
15. Governmental Powers. It is understood and agreed that by execuiion of t�is Agreement,
City does not waive or snrrender any of its governmental powers or immunities.
16. No Waiver. Tke failure of City or Vendor to insist upon the performance of any term or
provision of this Agreeineni or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insis� upan appropriate performance or to assert any such right on any future
occasion.
17o Governin� Law 1 Vemue. This Agreement wi11 be construed in accordance with the laws
of the StaYe of Te�as. If any action, whether real or asserted, at 1aw or in equity, is brougl�t pursuani ta this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or �he United
States District Court for the Northern District of Texas, Fort Worth Divi�o�.
18. Severabilitv. If any provision of this A
unenforceable, the validiiy, legality and enforceability of the
affected or impaired. �
19. Force Ma,'�e�a�e. City and �Iendor v�
duties an� obiiga�ions as scC forth in ihis Agreement,
in perfo�nance due to force majeure ar other aause,
limited to, cornpli�nce with any government Ia
held to be invaiid, zllegal ar
ovisions �rill not in any way be
;ir best efforts to meet their respective
; held liable for any delay or omission
reasonable control, includ�ng, but not
�lation; acts of God; acts of the public
enemy; fires; strikes; locicouts; natural dis�sters; s; idexx�ics or panda�xaics; gov�rnment action
or inaction; orders of gov�rnment; m c;rial o a:� res ctions by any govermnental autlxority;
transportation problems; restraints or ,:�: �ns b� y eourt, board, depart�nent, commission, ox agency
of the United States or of any S tate • ' 1 dis ° banca �, ther national or regional ernergencies; or any other
similar cause not enumerated he -: , bu yond the reasonable control of the Party whose
performance is aifected (collectively, °> ce Maje e�vertt"). The perfor�nance of any such obligation is
suspended during the per' _� _- o� to the extent oF, such prevention or hindrance, provided the
�ffected Party provide. :�ice of t or - ajeure Event, and an explanation as to haw it prevents or
hinders the Party's p�r � a�ce, as s< as reasonably possible afi`ter the occurrence oFthe Force Majeure
Event, with the z'easonaU =, s of suc <� otice to b� determined by the City in its sole discretion. The notice
requir�d by thzs section mus ��• aa ;.. sec� and d�liv�red in accordance with Section 13 of this Agreeinent.
20. �Ieadin�s noti Controllir��. Headings and titl�s used in this Agreement are for reference
ptYrposes only, will not be deezned a part of this Agreement, and are not uxtanded to d��ne or li�nit the scope
of 1ny provision of this Agreement.
21. Review__o_f_C__ounseL The parties ackno�Iedge thai each party and its counsal have
revievvec� and revised this Agre�ment anci that the nonnal rules o£ constn�ctioa� to the af�ec� that an.y
lmbiguities are to be reaoIved against the drafting party will npt be einployed in tlae interpreta�ion of this
Agreement or Exhibits A, B, and C,
22. Amendments 1 Moc�ificatians / Extensions. No a�nendment, inodiFication, or extension
oF this Agreement wiIl be binding upon a party hereto unless set Forth in a vc�ritten instrumeni, which is
executed by an authorized representative of each. pariy.
23. Counterparts. This Agreement may be exec��ted in one or more countetparts and each
ITB 22-0417 Hea�y �uty Repair and Sarvices
Page 42 of 52
counterpart will, for all purposes, be deemed an originaf, but a11 such counterparts will together constitute
one and the same instrument.
24, i�Varran�y of Services. Vendor wanranCs ihat its services will be of a high quality and
conform to generally prevailing industry standards. Czty must give written noiice of any breach af this
warranty �rithin thirty {30) days from the date that the services ar� com.plet�d. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re-perforrn the servicas in a�nan:ner
that con%rms wifh the warranty, or {b} refund the fees paid by City to Vendor for the no�con�o�ing
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform worlc under this Agreement, including completing the Employment
Eligibility Verification Form (I�9}. I7pon request by City, Vendor wi11 provide City with copies of all I-9
forms and suppo�-ti�g eligibility documentation for each employee who performs work t�nder this
Agreetnent. Vendor must adhere to aI1 Federal and State laws as well a establish apprapriate pracedures
and contz'ols so that no services will be perFormed by any Vendor e:- � ee who is not legally eligible to
perfonn such services. VENDOR VVILL �NDEMNZ�'Y CITY �-� LD CITY �IARMI,ESS FROM
ANY PENALTyES, LIABILTTTES, OIZ LOSSES I)UE TO -0 �i ° NS O�' 'THIS PARAGRAPI3
BY VEI�DOR, VENDOR'S ENiPL�YEE�, CO�TT .�CTOIZS, SCONTRACTORS, Olt
AG�N'�'S. City, upon written notice to Vendor, tiviil have t. . g�t fo immedi �. terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will b e sole and exclusive owner of all reports,
work papers, procedures, guides, and document . are c•. d, published, displayed, or produced in
conjunction with the services providecl under this ree � lle tively, "Work Froduct"). Further, City
will ba the sole and exclusive owner aF a opyrig nt, rademarlc, trade secret and other proprietary
rights in and to the Work �'roduct. O � of t% :' ork Product wi11 inure to the benefit af City from
the date of conception, creation � xa�in f the '.' rlc Product in a tangibl� z�ediuin of ex�z-�ssion
{whichever occurs first). Each co -= hta � � o � e Work Prod�ct �rill be considered a"warlc_made-
�'or�hire" within the meaning of the � ight Act of 1976, as ainended. If �nd ta the extent such Worlc
Proc�uct, or any part thereo. ,• • nsi <�' d a"wo��k-mad�-for-hire" within the ineaning of the Copyright
Act of 1976, as amend endor --by o,:,ressly assigns to Cify a�l exclusive right, titie and interest in
and to the Work Frodu d a11 copi hereof, aud in and to the copyright, patent, tradeinark, trade secret,
and all other proprietary <: �: < ts there'� � that City may have or obtain, without further consideration, free
froin auy claim,lien for baI �:� d r rights of retention thereto on the part of City,
27. Si�nature Authoritv. The person signing this AgreeiYient ��ereby warrants that they have
the legal au�hority to execuCe this Agreement on behalf of the respective p�rty, and that such binding
authoriEy has been �iranted by �roper order, resolution, ordinance or otheY° authorization of the entity. This
Agreement and any amendrnen# hereto, anay be executed by any authorized representative of Vendor. Each
parEy is fuIly entiEled to rely on thes� warrai�ties and r�presentations in entering into this Agreeinent ar any
amendinent h�reto.
28. C�a�z e in Cozn�. an. lelame or Ownershi . Vendor inust noiify City's Purchasing
Manager, in wz-1t�ng, oE a company name, ownership, or acldress change for the purpose of maintaining
updated City records. The president of Vendor or authorizec� official xnust sign th� letter. A lettex inc�icating
changes in a campany name ar pwners�ip must be accom�anied witlx suppor�ing 1ega1 docuinentation such
as atx updated W-9, documents filed with tkie state indicating s�tcla chang�, copy of the board of clirector's
r�solLitzo� approving the actipn, or an executed z�aergez- or acquisition agreement. Failure to provide the
specified daeumentation so may �dversely im�act futuz•e invoice pay�xxeants.
ITB 22-0017 Heavy Duty Repair and 5ervices
Aage 43 of 52
29. No Bavcott of Israel. If Vendor has fewer than 10 employees ar this Agreement is for
less than $100,000, this section does not apply. Vendor aci�nowledges that tn accordance with Chapter
2271 oi the Texas Govetnn�ent Code, th� Czty zs pro�ibited frozn entering into a cont�act with a com�any
for goads nr services unless t�ae coniract contai�s a written verification from th� company that it: {1) does
not boycatt Israel; and (2} will not boycott Israel during the term af tk�e contiract. The ierms "boycatt Israel"
anc� "company" has the meanings ascribed to those terms in Section 2271 of fhe Texas Governmenf Code.
By signing ihzs Agreexnent, Vendor certafies t�ut Vendor's signature provides wriiEen veri�catian �o
the Cify that Vendar; (I) does nat boycot� Israe�; and (2) wxll not boycot� Isxael during the term af
the Agreement.
30. Prohibition on Soycoitin� Ener�y Companies. Vendor acknowledges that, in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, $7th 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 o the City with a company with 10
or z�or� full-ti�e �ir�ploy�es uni�ss the con�ract contazns a wz�itten ve 5 cation %roxn th.e cornpaxry that it:
(1) do�s not boycott �n�rgy compaz�ies; and (2) wi11 no� boycot� e y companias during the Cez� of the
cantract. 7'he terms "boycot� energy comp�ny" and "company" �': eaning ascribed io those terms
by Chapter 2274 of the Texas Government Coc�e, as added b cts 2021, �: �h Leg,, R.S., S,B, 13, § 2. `I'o
ihe extent that Chapter 227A� of tke Government Code i plicable to thi �greernent, by signing this
Agreement, Vendor certifies that Vendor's signature pr : es w'� n verification to the City that Vendor:
(1) does not boycott energy companies; and (2) will not `� �. nergy companies during the tenn of this
Agreement.
31. Prohibition on I3iscrimination � ain ''�:� and Ammunition Industries. Vendor
acknowladges that except as otherwise px 'ded b� �r 2` R of the Texas Gov�xntnezxt Code, as added
by Acts 202 �, $7th Leg., R.S., S.B. 19 . ,= City xohibited fronl entering into a conta-act for goods oz�
services that has a value of $100,0 a r 1no ,. hat is ,� b� paid wholly or partly froin public funds of ihe
City with a company with 10 or m:. uIl-ti : ;::o es unless Ehe contract contains a written verit'ication
from the coinpany that it; {1) does e a prac ice, poIicy, guidance, or directive that discriminates
against a firearm entity or a- ad ociation; and (2) will not discriminate during the term of the
contract against a�irea �� ntity or ��, arm �- de asaociation. T�e terms "discri�ninate," "firearm entity"
and "f rearm trade ass ion" have � e meaning ascribed to those terms by Chapter 2274 af the Texas
Government Code, as ad y Acts -=21, 87th Leg., R.S., S.B. 19, § 1. To tlie extent that Chapter 2274
of the Government Code is �, �'c ;' to tliis Agreement, by signing this Agreement, Vendor certiiies that
Vendor's signature provicEes wr :- verification ta the City that Vendor: (1) does not have � practice, policy,
guidance, or directive that discriminates against a firearin entity or �re�rm trade association; and (2) will
not discrirr�inate against a Firearm ontity or firearm trade association during the term of this Agreem�nt.
32. Electrnnic Si�natu�es. This Agreem�nt �aay be executed by electronic signatura, which
will ba considezed as an original sigtaatur� �ox all purposes and have the sazx�.e force and e��ect as an origi�al
sig�lat�re. For these purposes, "electroilic signature" m�at�s alectronically scanned and transznitted versions
(e.g. via pdi�'ile or #'acsimile trans�nisszon) of an original signature, or signatures el�ctronically znserted via
software such as Ac�obe Sign.
33, Entirety of Agreemer�l. T�is Agreement, including all attaclunents and e�hihifs, contains
the entire understanding and agreement betwee�2 City and Vendar, their assigns and successors in i�lterest,
as to the matkers contained herein. An}r prior or coi�te�nporaneous o�'al or written agreeinent ia hereby
declared null and void tn the extent in canfiict with at�y provision of this Agre�lnent.
ITB 22-0017 Heavy �uty Repair and Services
Page 44 of 52
IN WITNES� WI��REOF, the parties hereto have executed this A��reement in iraultiplcs.
CITY OF FOR'1' WOR'fH:
�y:
Name:
Title: Assistant Caty Managcr
Date: , 20
APPROVAL 1�C�MM�ND�D:
By:
Name:
Title:
ATTES'I':
By:
Na�iie:
Title: City Sccretary
VENDOR: ��
By:
Name:
Title:
Date: , 20
CONTRAC'I' CONIPLIANCE N�ANAGER:
By signing I acknowledge that I am the person
responsible for the monitaring and administratian of
this contract, including ens�iring all performance and
re�arting requirements.
By:
Name:
Ti t�l e:
APPROVED AS TO I'ORiI'I AND I.EGAI,ITY;
�'�:
13y:
Nan�e:
Title: Assistant City Atrorney
CON'1'RACT AUTFIORIZATION:
M&C:
Form 1295:
ITB 22 0017 Heavy Duty Repair and 5ervices
Page 45 of 52
EXHIBIT A
SCOPE QF SERVICES
� ,:
�,
ITB 22-0017 Neavy Duty Repair and Ser�ices
Page 46 of 52
EX�IIBIT B
PAYM�NT SCHEDULE
t
ITB 22-0017 Heavy Duty Repair and Services
Page 47 of 52
�,XHIBIT D
VERIFICATION OI' SIGNATURE AUTH4RITY
Lxecution nf this Signatu�•e Veri�cation Form ("Form") hereby certifies that the following
individuals acid/or positions have the authority to legally bind Vendor and to execute any a�eeinent,
arnendment or change order on behalf of Vendor. Such binding ai�thorify has been granted by proper order,
a'esolution, ordinance or olher authorization ot� Vcndor. City is fully entitled to rely on the warranty and
representation set forth in this F�orm in entenng into any a�-eeme�it or amendment with Vendor. Venc3or
will submit an updated Fonn within ten (la) business days if there are any changes to the signatot'y
authority. C�ty is entitled to rely on any current executed Form until it receives a revised Fot�n that has been
properly executed by Ve�idar.
1. Name:
P4Si11017:
S i gnature
2. Na�ne:
�osition: �.
5ignatu�-e
3. Name: �
Position:
Signature
Naine:
�..� �.
Signature of President / CEO
Other 'I'itle:
Date:
ITB 22-40� 7 Heavy Duiy Repair and Services
Page 48 af 52
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�
ADDENDUM TO INVITATION TO BID 22-0017
HEAVY DUTY REPAIR A�1D SERVICE
PURCHASING DIVISiON
ADDENdUM NO. 9
INVITATION TO B1D (ITBj: 22-0017
BID OPENING DATE: January 6, 2022 (UNCHANGED}
DATE fSSIJED: December 16, 2021
ITB 22-pQ17, issued December 15, 2021, is hereby amended as follows:
1. On page 1 of 52, entitled "co�er page," it states that the submission is due by Decernber 16,
2021. This is a mistake in th� bid documents. �Please refer to the tentative schedule af events
found on page 15, which states the ITB responses are due on January 6, 2022. Please refer ko
the screen shots on page two.
All other terrns and conditions remain unchanged.
Ashley Kadva
BUYER II
■ � � � � � � � � � � � � � a i E ! � � � � � � A � � A � � � � � � � � � � A R � � � � � � � � � � � � � � � � � � � � i ! f � � � � � � � � � � S � � � � ■
By the signaturs affixed below, Addendum No. 1 is hereby incorporated into and made part of the abo�e
rsferenced ITB.
COMPANY �fAME: �ustam Truck One 5ource, L.P.
P '� -, A � ..� , 'r a'� �;*$ F � r, $
SEGNATURE: „ r ' -
;�:
f�OT�: Cornpany rYame 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-p017 Heavy �uty Repair and Service
Page 1 oi 2
Bids are salicifed for furnishing khe mercha�dise, supplies, services andlor eq�ipmenk as set forth in this
solicitai'Ear�. Completed Bids including a�e execuled originai and o�e USB �ash drive co�tai�ing elecira�ic
versions of all bld documenfs must be receivetl in lhe Purcf�asing Division by 1:30 P.M„ December 16, 2021, and
Ihen public�y ope�ed antl read aloutl at 2:0� P.M. in the Council Chamb�rs Blds musi be subm'�fted in a seafetl
,,.,,.,,i,,.,., ieuTi i Ti ir nin hu isanrn ininiTrr�i nei ri ir ni iTrinr nr ri ir rtin rn nnr .,a,�.,,...,,,a F„ u,,, n�,.,�.,,�
2.0 TENTATIVE SGHEDUI.E OF
TASK DATE
ITB Reiease Oate Decsmher i5, 2021
Pre-Bid Conference ❑ecember 23. 2021 3:Oa PM
�eadline far �uestioi�s �eceni6er 27, 2021 at 5PM
[Lncal Time1
Answers Posted �ecember 31, 2021
1T8 Responses Due Date AT 1-30 p.m (Local January 6 2D22
Time? ..__ ,._��_ �_.._ _—
ITB 22-6077 Heavy 0uty Repair and Servius
._. _. _. ._ Page t5 of 52
FORT WORTH
��T�'�� COVER PAGE
Evaacio Page Invi
c�•rroi-zz-oai� i
Event Round Varsion � T
i i
Event Name
ITB Hea Dut Re air an3 Seivice
Start Time Finish Fima Suh
l� 15 2021 08:00:00 G:ST 41/06/2022 13:36:06 CST
IT8 22-0017 Heavy Duty Repair and Se�vice
Page 2 of 2
1 cusronn
TRUCK
ONE SDURC� •.,
Event ID: CFV1101-22-0017
Event Name: ITB Heavy ��ty Repair and 5ervice
Jar��aary 4, 2022
References:
We have current contracts with the fallowing entities, spanning 5+years. These contracts have
included purchases and rentals of parts, tools, and equipment. Also included are repair and service
agreements.
Er�tity Name: l�os Angeles Department of Water & Power
Cantact Name: Joi�n A. Smith
Phane Number: (818) 771-4127
�ntity Name: City of Seattle fSeattle City LightJ
Contact Name: Rick �a�ison
Phone Number: f2061 684-831 Q
Entity Nar�e: Tennessee Valley Authority
Contact Name: Nikki Mincey
Phone Number: (�231 751-3720
■ ■ ■ 11 i ■ i ■ II 11 • ■ ■ ■ IA 11 ■ ■ 11 ■ ■ ■ Y R ■ ■ ■ ■ ■ { ■ I[ ■ ■ ■ • • • • • • • • • • • • • f • � • • • • • • • • • •
77�1 �NDEPENQENCE AVENUE, KANSAS CITY, MO 64125
1 CUSTOM
TFtUGK
QNESOURCE,
Januaiy �, 2Q22
To Wl�om it May Co��cen�:
My na�ne is Aciai�� Haubenreich anci I am the Vice �'��esident and General Co�u7se1 of Custo�� Truck
O�le SoLu•ce, L.P. 'I'his letter shall serve as �erifcatian that C"�'EC I-Ia[ding Co, LLC, a Missouri limited liabi{ity
campany ("CTEC"}, is a wholly o�vnec� subsidiaiy of Custom Truck One Source, L.P., a Dela��are limited
partnership ("Custo�n Truck"). Custom Truck purchased CTEC on February 2, 20I5 and has maintai��ed
ownership and conirol since that date.
If you have any qLiestions, p��ase cEo not hesitate to contact me at 816-b27-2608 or
ahaubenreicll(a,custaintruck.com.
Sincerely,
Adam Hau enr '
Custom Truck One Source
Vice President and Genc�al Counsel
.............................................................
7701 INDEPENDEN�E AVENUE, KANSAS CETY, M� 64125
Vendor Services Agreement
Custom Truck One Source, L.P. Page 25 of 25
EXHIBIT E
VERIFICATION OF SIGNATURE AUTHORITY
CUSTOM TRUCK ONE SOURCE, L.P.
7701 Independence Avenue
Kansas City, MO 64125
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: Jenna Maller
Position: Director, National & Gov Compliance
_______________________________________
Signature
2.Name:
Position:
_______________________________________
Signature
3.Name:
Position:
_______________________________________
Signature
Name:
_______________________________________
Signature of President / CEO
Other Title: ______________________________
Date: ___________________________________
Adam Haubenrich
Vice President, General Council
8/2/2022
M&C Review
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND Fo�T��
Create New From This M&C
DATE: 6/14/2022 REFERENCE
N O..
CODE: P TYPE:
**M&C 22- LOG NAME:
0449
Page 1 of 3
13P ITB 22-0017 HEAVY
DUTY SERVICE AND
REPAIRS ADK PMD
CONSENT PUBLIC NO
HEARING:
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
L]I+Y�i�b'�+y[�7►�
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.
idders
�ustom Truck One
iource, L.P.
)aco Fire Equipment
=ranks Used Alighning,
nc.
Evaluation Factors
E1 E2 Pricina Total Score
15 120 10 123.5
15 117
15 117 10
rapevine DCJ, LLC �15 �18 �0
1.5
1.5
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Page 2 of 3
Hundley Hydraulics 15 19 0 22.5
Metro Fire 15 23 0 25
CDA Hydraulic Solitons 15 20 0 23.5
�ba Pirtek
Adams Welding Co, Inc., 15 20 0 23
�ba Shaw Bros Welding
5outwest International 15 22 0 25
Trucks, Inc.
Texas Kenworth Co. dba 15 24 0 26
MHC Kenworth
Zimmerer Kubota and 15 18 0 22
Equipment, Inc.
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 DepartmenYs 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.
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 Sery Fund. Prior to
an expenditure being incurred, the Property Management department has the responsibility to
validate the availability of funds.
BQN\\
Fund Department
ID
FROM
Fund Department
ID
Account Project
ID
Program Activity Budget Reference #
Year (Chartfield 2'
Amount
Account Project
ID
Submitted for City Manager's Office by:
Originating Department Head:
Program Activity Budget Reference #
Year (Chartfield 2'
Reginald Zeno (8517)
Dana Burghdoff (8018)
Anthony Rousseau (8338)
Steve Cooke (5134)
Amount
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Additional Information Contact:
ATTACHMENTS
1295 Form- Custom Truck One Source
Cynthia Garcia (8525)
Ashley Kadva (2047)
(CFW Internal)
Page 3 of 3
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 availabilitypdf
(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.ipa (CFW Internal)
Hundley_pdf (CFW Internal)
scan.pdf (CFW Internal)
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